COMHAIRLE NAN EILEAN SIAR

SUSTAINABLE DEVELOPMENT COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 27 March 2002 at 2.00pm

PRESENT	Mr Donald Maclean (Chairman)
	Mr Archie K Campbell
	Mr Malcolm J Graham	Mr Donald J Macsween
	Mr Roderick Morrison	Mr Donald M Mackay
	Mr Alexander A MacDonald	Mr Donald Macdonald
	Mr Roderick J Murray	Mr Martin C Taylor
	Mr Norman L Macdonald	Mr Donald Manford
APOLOGIES	Mrs Mary Bremner

Tribute: Mr Tony Payne		The Chairman intimated that Mr Tony Payne was attending his last meeting before taking up his new position as Principal Planning Officer with Hampshire County Council. On behalf of the Committee the Chairman thanked Mr Payne for his support and assistance and wished him every success in his new duties.
Welcome: Mr Martin C Taylor		The Chairman welcomed Mr Martin C Taylor, newly elected Member for the North Benbecula Ward to his first meeting of the Committee.
Karol Swanson		The Chairman welcomed Mrs Karol Swanson, Planning Aid Co-ordinator to the meeting and indicated that Mrs Swanson would make a presentation in respect of Item 16.
		MINUTES
Sustainable Development DS09.01	1	The Minute of Meeting of 30 January 2002 was approved.
Crofting Joint Consultative Committee DS09.05	2	The Minute of Meeting of the Crofting Joint Consultative Committee of 7 February 2002 was noted.
Fisheries Joint Consultative Committee DS09.04	3	The Minute of Meeting of the Fisheries Joint Consultative Committee of 22 March 2002 was noted.
		FINANCE
Tender Monitoring DS65.02.01	4	The Director of Technical Services submitted a Report in respect of Fishery Pier Schemes, the tender value for which was greater than £75,000. It was agreed to note the Report.
Repairs and Maintenance (Revenue) Programme 2001/02 PR110.08	5	The Director of Technical Services submitted a Report giving details of the expenditure incurred on the repair and maintenance of properties held on the Sustainable Development Account to 19 February 2002. It was agreed to note the Report.
		MANAGEMENT
Best Value Review of Strategic Planning and Projects Service PR33.01.13	6	The Director for Sustainable Communities submitted a Report detailing an Interim Service Review Plan for the Strategic Planning and Projects Service for consideration in line with the Best Value Service Review process. It was agreed that: (1) the interim service improvement plan for the Strategic Planning and Project Service as detailed in Appendix 1 to the Report be approved; and (2) a further review of the service be deferred until restructuring of service delivery within the Department for Sustainable Communities was completed.
		ECONOMIC DEVELOPMENT
Better Neighbourhood Services Fund DS01	7	The Director for Sustainable Communities submitted a report concerning the revised Local Outcome Agreement detailing how the Better Neighbourhood Services Fund would be rolled out locally. The report indicated that the Better Neighbourhood Services Fund was a Scottish Executive initiative to improve the quality of and access to the core public services of health, education, transport, crime and enterprise. The report also indicated that the Comhairle was one of 12 Local Authorities selected by the Executive to implement the BNSF programme on a pilot basis. Each authority was required to submit a Local Outcome Agreement to the Executive detailing how the BNSF programme would be rolled out locally. Scottish Ministers were remitting the Agreement back to the Comhairle for revision. Appended to the report were the draft revised BNSF Local Outcome Agreement and a letter from the Scottish Executive dated 1 March 2002. It was agreed that the terms of the Local Outcome Agreement, as detailed in the Report by the Director of Sustainable Communities, be approved.
		Mr Archie Campbell and Mr Donald Macdonald declared an interest and left the meeting during consideration of the following item.
Peripheral Economic Development Scheme DS40.01.02	8	The Director for Sustainable Communities submitted a Report concerning the Peripheral Economic Development Scheme which supported community economic development initiatives. The Report detailed proposals for the allocation of financial assistance for core costs funding for 2002/03 which would result in five full time equivalent jobs being created or retained. It was agreed to approve the allocation of funds to projects ranking 5 and above as detailed in Table 2 in the Report for the 2002/2003 financial year from the Area Development Initiatives budget on the basis of terms and conditions to be determined by the Director of Corporate Services in consultation with the Director for Sustainable Communities. Arising from consideration of this item it was agreed that the Director for Sustainable Communities would submit a Report to a future meeting detailing an exit strategy in respect of funding community economic development initiatives under the Peripheral Economic Development Scheme.
Scottish Executive Consultation on Draft NPPG2: Economic Development DS40.01.02	9	The Director for Sustainable Communities submitted a Report seeking Members views on the draft National Planning Policy Guideline 2: Economic Development which would replace NPPG2: Business and Industry. It was agreed that paragraphs 7.1 to 8.3 of the Report by the Director for Sustainable Communities form the basis of a response to the Scottish Executive.
Connected Communities Broadband Project DS40.30	10	The Principal Administrator sought and obtained the Chairman's permission to withdraw this Report.
Oil Developments in the Atlantic Margin DS40.09	11	The Director for Sustainable Communities submitted a Report detailing the current situation in respect of hydrocarbon exploration in the waters of the Atlantic Margin. The Department of Trade and Industry was currently pursuing ways of accelerating exploration rates with major oil companies, particularly in the Atlantic Margin. It was agreed that the Report by the Director for Sustainable Communities regarding Oil Developments in the Atlantic Margin be noted.
UK Energy Review DS61.19	12	The Director for Sustainable Communities submitted a Report concerning the Performance and Innovation Unit of the Cabinet Office Report which had been submitted to Government on the future of UK energy needs. The Government was intending to prepare a consultation exercise in response to the PIU Report. The Comhairle, and its community planning partners, have an interest in the review given the ongoing promotion of renewable energy in the Western Isles and the current high level of interest shown by redevelopers. The Report further indicated that, in the event that the consultation exercise falls within the Comhairle's summer recess, the basis of a draft response should be considered by the Committee at the May 2002 series of meetings. It was agreed that, in advance of the Government consultation on the UK Energy Review, the Chief Executive prepare a draft response, in conjunction with Community Planning partners, to be submitted to the next meeting.
Landscape Capacity Study for Onshore Wind Energy in the Western Isles DS61.09	13	The Director for Sustainable Communities submitted a Report seeking approval to take part in a Landscape Capacity Study for Onshore Wind Energy in the Western Isles. SNH had suggested that, given the long term potential for renewable energy in the Western Isles, a Landscape Capacity Study for onshore wind farms would add considerably to the decision making process. SNH had developed the project and have invited the Comhairle and Western Isles Enterprise to take part in the study. The study costs were estimated to be £40k with SNH contributing £30k towards the costs. The Comhairle contribution would therefore be £5k on the basis of WIE contributing an equal amount thus funding the shortfall on a 50/50 basis. It was agreed that: (1) the Comhairle, in principle, takes a full and active part in the study but gives no commitment to study outcomes at this stage; (2) the Director for Sustainable Communities seeks adequate Comhairle representation on the study steering group; and (3) the Comhairle makes payment to SNH of up to £5k from the Department for Sustainable Communities revenue budget 2001/02, subject to the Director's agreement on a study brief, successful tender and upon WIE contributing an equal amount to make up the shortfall.
Framework for the Western Isles Alternative and Renewable Energy Partnership (WIAREP) DS61.19	14	The Director for Sustainable Communities submitted a Report detailing an operating framework for the Western Isles Alternative and Renewable Energy Partnership. Once the framework was implemented it would allow the Partnership to concentrate on moving the energy agenda forward in the Western Isles and would afford all members of the community and interested parties the opportunity to participate in an area that may have major implications for the future of the Western Isles. It was agreed that the Committee approves the operating framework for WIAREP as set out in Appendix 1 of the Report and that the Comhairle's Nominee (Cllr. Donald M Mackay) attends future meetings of the partnership Management Group.
Western Isles Community Energy Pilot DS61.18	15	The Director for Sustainable Communities submitted a Report seeking approval to contribute to the Western Isles Community Energy Pilot. The Pilot was the subject of a joint bit to the UK wide Energy Savings Trust by TEAS (the Energy Advice Service for the Western Isles) and the Energy Conservation and Solar Centre. Following letters of support from WIAREP (Western Isles Alternative and Renewable Energy Partnership) the bid was successful in gaining funding support for a one year pilot project. The Report detailed the estimated project costs. It was agreed that: (1) the Committee welcomes the project and requests that WIAREP be the project steering group; and (2) the Comhairle makes a contribution to TIG for £6.5k from the Department for Sustainable Communities revenue budget 2001/02, for the Western Isles Community Energy Pilot conditional upon WIE contributing an equal amount.
Community Training Events for Planning DS21.01	16	The Director for Sustainable Communities submitted a Report in respect of a series of proposed community training events by Planning Aid Scotland to improve the ability of community groups to participate more effectively in the planning process. Mrs Karol Swanson (Planning Aid Scotland) was invited to make a presentation to the Committee. It was agreed: (1) to support the Planning Aid Scotland offer to organise three community training events in the Western Isles; and (2) that the cost of venue hire and refreshments for each event be met from the Strategic Planning and Projects budget.
		FISHERIES
Programme and Progress - Fishery Piers T07.02	17	The Director of Technical Services submitted a programme and progress Report in respect of fishery piers. It was agreed to note the Report.
Management of Pontoons T07.02.47	18	The Director of Technical Services submitted a Report proposing charges to be applied to pontoons at Comhairle owned facilities. The Report proposed that where pontoons were installed at existing Comhairle facilities they are considered as betterment of that facility and the charges applied are as per the agreed schedule of rates and dues for that facility. The classification of the facility would be reassessed at the next presentation of the schedule of rates and dues. The provision of pontoons would attract more users and therefore increase the income to the fishery piers revenue budget which would partially offset revenue costs incurred in the annual inspection of moorings, the Crown Estate seabed lease and insurance. The remaining costs would be recouped through the reclassification of such facilities. It was agreed that: (1) where Pontoons are installed at Comhairle owned piers, they are considered as betterment of such facilities and charges will be as per the agreed Schedule of Rates and Dues for that facility except in the case where a Pier Users Group requests dedicated berthing, which would be subject to a separate charging provision; and (2) following the installation of Pontoons at a Comhairle owned pier, the classification of that pier is subject to evaluation at the next presentation to Committee of the Schedule of Rates and Dues. Arising from consideration of this item it was agreed that the Chairman be authorised to make representations to the Crown Estate Commissioners and the Scottish Executive in respect of the Crown Estate sea bed lease and insurance premiums and to assess whether ownership of the sea bed could be transferred to local communities.
Leverburgh Pier Reclassification T07.02.16	19	The Director of Technical Services submitted a Report in respect of a request by the Leverburgh Pier Users Association to reclassify Leverburgh Pier from its present status of Class A to a Class B facility. The pier at Leverburgh had been significantly improved over the past number of years and a partial breakwater constructed. Currently however protection was only afforded to the ferry slipway and until such time as the breakwater was completed or a pontoon system was in place overnight berthing at Leverburgh, except in good weather conditions, was not sustainable. It was agreed that Leverburgh Pier be reclassified from a Class A to a Class B facility from 1 April 2002 until such time as the facility was upgraded to allow the vessels to berth in all but the severest weather conditions.
Kallin Boatshed Project T07.02.23	20	The Director for Sustainable Communities submitted a Report concerning a request for funding towards the Kallin Boatshed Project. The Project aimed to provide a boat repair slip and related facilities at a site adjacent to Kallin Harbour, North Uist. The project promoters had requested a financial contribution of £30k from the Comhairle towards the total capital costs of £220k. It was agreed that: (1) the Committee approve a grant of £20k (from the 2001/2002 and 2002/03 Sustainable Communities revenue budgets) towards the Kallin Boatshed Project; and (2) the detailed terms and conditions of the Comhairle's total funding towards the project be delegated to the Director for Sustainable Communities.
		CROFTING
Lewis and Harris Cattle Health Scheme - Proposal to Reallocate Funding in 2001/02 DS40.02	21	The Director for Sustainable Communities submitted a Report seeking approval to reallocate already agreed funds to the Lewis and Harris Cattle Producers Group from the Heifer Retention Scheme to the Cattle Health Scheme. The Heifer Retention Scheme could not proceed as it would contravene state aid guidelines and the cost of the Cattle Health Scheme had risen dramatically due an increase in the number of producers, an increase in the number of cattle to be tested and an increase in the veterinary and management costs of the scheme. The Report proposed that the funding saved from the Heifer Retention Scheme should be spent on the Cattle Health Scheme. It was agreed that the Comhairle reallocate £6,250 from the Heifer Retention Scheme to the Lewis and Harris Cattle Health Scheme to cover the additional costs being incurred by the producers group within the financial year 2001/02.
Private Slaughter of Livestock CH03.02	22	The Director for Sustainable Communities submitted a Report appending a summary of the opinion of J J Mitchell, QC, concerning the Food Standards Agency Scotland's Draft Guidance on the private slaughter of animals. Counsel had advised that the effects of EU Regulation 999/2001 would be to prevent slaughter for human consumption outside a licensed slaughterhouse. The Report further indicated that the Scottish Executive had issued a draft of the Scottish Transmissible Spongyiform Encephalopathy (Scotland) Regulations and that homologation was now sought for the response submitted to the Executive as detailed at Appendix 2 of the Report. It was agreed that Counsel's opinion be noted and that the action taken by the Director for Sustainable Communities, in responding to the Consultation on the draft Transmissible Spongiform Encephalopathy (Scotland) Regulations, detailed at Appendix 2 of the Report, be homologated.
		TOURISM
		Mr Murdo Macleod and Mr Donald Macdonald declared an interest and left the meeting during consideration of the following item.
Western Isles Tourist Board Funding Request 2002/03 DS40.08	23	The Director for Sustainable Communities submitted a Report concerning a request for grant aid funding from Western Isles Tourist Board. The Tourist Board had requested funding of £150k from the Comhairle for the 2002/03 financial year. The Report indicated that the increase would allow for the employment of one new member of staff and additional marketing for the islands. It was agreed that: (1) the Comhairle approves a sum of £104,000 for core funding for the Western Isles Tourist Board for the 2002/03 financial year from the tourism budget in two tranches, one in April 2002 and the second after the WITB reports to the Comhairle on actions to rationalise its services; (2) the Comhairle approves a sum of £46,000 for additional marketing costs to be taken from the Sustainable Communities Budget 2001/02; and (3) the Director for Sustainable Communities be authorised to request that the Western Isles Tourist Board invest in advertising/marketing initiatives at ports of entry to the islands.
Taigh Dhonnachaidh - Gaelic Arts and Music Programme 2002/03 DS40.08	24	The Chief Executive submitted a Report seeking approval to provide financial support for the Gaelic Arts and Music Programme at Taigh Dhonnachaidh for 2002/03. Since its opening in July 2000 Taigh Dhonnachaidh had established a local, national and international reputation as a dynamic and innovative centre for the promotion of Gaelic language, music and culture. It was agreed that: (1) the Comhairle approves grant funding of £14,000 towards the Taigh Dhonnachaidh Arts and Music Programme for 2002/03, as outlined in the appendix to the Report (funding of £9,000 from the Grants to Gaelic Organisations budget 2001/02 and £5,000 from the 2001/02 Sustainable Communities Area and Sectoral Development budget); and (2) the detailed terms and conditions of grant be delegated to the Chief Executive.
		It was agreed that in accordance with the terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following three Items on the grounds that exempt information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.
Callanish Visitors Centre Request for Financial Assistance DS40.08	25	The Director for Sustainable Communities submitted a Report concerning a request for funding from the Callanish Visitors Centre. The Visitor Centre had requested financial assistance for a reprint of their guidebook and for the upgrading of part of the premises. It was agreed that the Director for Sustainable Communities: (1) would submit a Report to the next Policy and Finance Committee in respect of the request for financial assistance from Callanish Visitor Centre in order to detail the financial implications and background information to the request; and (2) be authorised to carry forward £10,875 towards visitor services facilities and up to £10,251 towards the purchase of stock from the Department for Sustainable Communities budgets in 2001/02 with such sums to be carried forward outwith normal tolerances to cover any financial assistance at the Callanish Visitor Centre.
		PERFORMANCE REVIEW
Reports Outstanding - Progress PR33.01.12	26	The Director of Corporate Services submitted a Report detailing reports outstanding arising from decisions of the Committee. It was agreed to note the Report.
		ADDITIONAL ITEM
		The Chairman ruled that in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973 as detailed in terms of Standing Order 8 the following item be considered as a matter of urgency to allow a Member to be appointed prior to the next Meeting.
Kallin Harbour Member/Officer Working Group	27	The Director of Corporate Services submitted a Report asking the Committee to appoint a Member to fill the vacancy on the Kallin Harbour Member/Officer Working Group. It was agreed to appoint Mr Martin C Taylor, elected Member for the North Benbecula Ward to serve on the Kallin Harbour Member/Officer Working Group.