COMHAIRLE NAN EILEAN SIAR

DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 28 March 2001 at 2.00pm

PRESENT	Mr Donald Maclean (Chairman)
	Mr Malcolm J Macleod	Mr Donald Macdonald
	Mr Roderick Morrison	Mr James L Macarthur
	Mr Alexander A MacDonald	Mrs Mary Bremner
	Mr Roderick J Murray	Mr Ronald J Mackinnon
	Mr Norman L Macdonald	Mr Donald Manford
	Mr Donald J Macsween
APOLOGIES	Mr Archie K Campbell
	Mr Donald M Mackay

Minutes of Meetings of 31 January 2001 and 19 February 2001 DS09.01	41		MINUTES The Minutes of Meetings of 31 January 2001 and 19 February 2001, were approved. Arising out of consideration of the Minute of Meeting of 31 January 2001 it was agreed that the Chief Executive would submit a Report concerning the Sand Eel Fishery to the next meeting of the Fisheries Joint Consultative Committee.
Gaelic Development Sub-Committee of 1 February 2001 PR03.05	42*		The Minute of Meeting of the Gaelic Development Sub-Committee of 1 February 2001, was noted, and the recommendations contained therein, recommended for approval, insofar as the Committee's interest was concerned.
			In accordance with Standing Order 28 the Chairman determined that the order of business at the meeting be varied from that set out in the Agenda for the meeting and that the following item be considered prior to all other items of business included in the Agenda.
			DEVELOPMENT CONTROL
Lingerbay: Minerals Review Appeal DS21.19.02	43*		The Acting Director of Environmental Services submitted a Report intimating that Lafarge Redlands had requested the Scottish Executive to recall a sist on its appeal against the decision of the Comhairle to exclude the "1965 Permission" from the List of Extant Mineral Planning Permissions. It was stated that the Scottish Executive had asked the Comhairle: (1) to clarify its position on the request from Lafarge Redlands to recall the sist; and (2) whether it would wish the appeal to be dealt with by a Public Local Inquiry (PLI) or by written submissions.
			It was intimated that the Scottish Executive was bound to recall the sist as a result of Lafarge Redlands' request and that the Comhairle had no power to object to or to stop the recall of the sist. It was stressed that, however the appeal was dealt with, it would be limited to investigating legal submissions on whether the "1965 Permission" was valid and whether it remained extant and that any appeal relating to the "1965 Permission" could not entertain any economic, environmental, social or any other such arguments for or against the proposal to quarry at Lingerbay. It was suggested in the Report that, to safeguard the Comhairle's interests, it would be appropriate for the Comhairle to involve Brodies WS, in light of their particular experience in relation to the planning history associated with Lingerbay.
			The Report concluded that: (1) the Comhairle should contest the appeal against the Comhairle's decision to refuse to include the "1965 Permission" for minerals extraction at Lingerbay on the List of Extant Minerals Consents and neither change its position regarding the "1965 decision", nor refuse to make submissions to the Inquiry Reporters, as both such actions would run the risk of Judicial Review and substantial costs; (2) the Comhairle should indicate to the Scottish Executive that it would prefer the appeal to be dealt with by written submissions, but that contingency should be made to make a good and proper case at a Public Local Inquiry, should one be called by the Scottish Executive; (3) to achieve proper representation of the Comhairle's case, it would be sensible to involve Brodies WS, the Law Firm which had assisted the Comhairle in its case at the planning application inquiry; and (4) to achieve proper control of expenditure on this case, the terms of engagement of any specialist help should be subject to scrutiny and approval by the Chief Executive, in consultation with the Convener, Vice-Convener and Chairman and Vice-Chairman of the Development Services Committee. It was recommended in the Report that: (1) the Scottish Executive be advised of the Comhairle's recognition of the recall of the sist and its preference for the appeal to be dealt with by written submissions; and (2) Brodies WS be appointed to enable the preparation and presentation of the Comhairle's case and that the Chief Executive, in consultation with the Convener, Vice-Convener and Chairman and Vice-Chairman of the Development Services Committee, be authorised to engage Brodies WS, as appropriate, and that the Director of Finance should make allowance of £75,000 in contingencies for 2001/2002, for this purpose.
			It was agreed to recommend that: (1) the Acting Director of Environmental Services be authorised to advise the Scottish Executive of the Comhairle's recognition of the recall of the sist on Lafarge Redland's appeal against the decision of the Comhairle to exclude the "1965 Permission" from the list of extant mineral planning permissions and the Comhairle's preference for the appeal to be dealt with by written submissions; (2) the Chief Executive be authorised to appoint Brodies, WS, to safeguard the Comhairle's position in relation to the above-mentioned appeal, on terms and conditions to be determined by him, in consultation with the Chairman and the Director of Corporate Services; and
			(3) the Director of Corporate Services be requested to submit a Report on the applicability of the procedures used by Shetland Islands Council and the Crown Estate Commission concerning ownership of the foreshore, in relation to the possibility of a speedy and economical resolution of the appeal by Lafarge Redland in connection with the "1965 Permission".
Peripheral Economic Development Scheme DS40.01.20	44*		ECONOMIC DEVELOPMENT With reference to item 12 of the Minute of Meeting of 31 January 2001, the Chief Executive submitted a Report concerning applications for financial assistance, in terms of the Peripheral Economic Development Scheme. It was indicated in the Report that the Scheme, which was aimed at supporting community economic development initiatives, by providing the local resource element required to enable communities to play a more positive role in assisting economic regeneration and long term sustainable development, had attracted applications amounting to £298,310 and that this sum was considerably in excess of the provision contained within the Revenue Estimates for Development Services, in the sum of £105,000. Details of the criteria used to prioritise applications, were given in the Report and it was intimated that those projects ranked 5 and above, as detailed in the Report, could be funded from the existing financial provision for the Scheme and that the remaining six applications, together with the Cearns Community Development Project, could be considered for financial support in terms of the Better Neighbourhood Fund. The Report concluded that an estimated 12.5 full time equivalent jobs would be created, or retained, as a result of the proposed awards of financial assistance detailed in the Report.
			It was agreed to recommend that, the Comhairle authorise the Chief Executive to approve the allocation of funds to projects ranking 5 and above, as set out in Table 2 of his Report, concerning the Peripheral Economic Development Scheme, for the 2001/2002 financial year, on the basis that the cost involved could be met from provision within the Revenue Estimates for Development Services (Area Development Initiatives Budget) for 2001/02 and subject to the terms and conditions of the allocation of funds to projects, being determined by the Director of Corporate Services, in consultation with the Chief Executive.
			The Committee unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation, insofar as it related to the interim payment of funds, on behalf of the Comhairle, under delegated powers, in light of the need to have the matter dealt with prior to the next meeting of the Comhairle, on the basis of the Chief Executive be authorised to make payments to the undernoted organisations, until 30 April 2001, so as to allow staff to remain in post: (1) Pairc and Kinloch Partnership; (2) Harris Development Ltd; (3) Southern Isles Amenity Trust; and (4) Urachadh Uibhist; and on the basis that this element of the recommendation was not contentious and did not breach a major policy position of the Comhairle.
National Guidelines for Local Economic Forums DS40.01.21	45*		With reference to item 11 of the Minute of Meeting of 31 January 2001, the Chief Executive submitted a Report, intimating that the Minister of Enterprise and Lifelong Learning had issued final National Guidelines for Local Economic Forums. It was intimated in the Report that it was envisaged that Local Economic Forums would take a strategic view of local economic development, as well as having a specific remit, in the first instance, of streamlining Business Development Services and, thereafter, to consider local delivery mechanisms for lifelong learning and better local labour market co-ordination, as well as dealing with areas such as trade and tourism. It was further intimated that the National Guidelines provided for Forums having a membership of ten, in addition to a Chairman, and that the core membership of Forums should include: (1) the Local Enterprise Company; (2) a representative from each local authority; (3) business representatives, including the Chamber of Commerce; (4) an Area Tourist Board representative; and (5) learning sector providers. The Report stated that, Western Isles Enterprise had been asked to provide the Minister of Enterprise and Lifelong Learning with details of: (1) the proposed core Forum membership for the Western Isles; and (2) the proposed mechanisms for liaising with the wide range of organisations and stakeholders. and that Western Isles Enterprise was considering a core Forum membership as follows: (a) Western Isles Enterprise - 2 representatives; (b) Comhairle nan Eilean Siar - 2 representatives; (c) Businesses - 2 representatives; (d) Lews Castle College - 1 representative; (e) Western Isles Tourist Board - 1 representative; and (f) Employment Service - 1 representative. The Report concluded that the National Guidelines for Local Economic Forums allowed considerable scope for the furtherance of economic development in the Western Isles and that the proposals were in accordance with the Community Planning Framework, approved by the Comhairle in February 2001. It was suggested in the Report that membership of the Local Economic Forum should comprise a Member and Officer of the Comhairle. It was agreed to recommend that the Comhairle be represented on the proposed Western Isles Local Economic Forum by the Vice-Convener. It was further noted that an Officer, to be determined by the Chief Executive, would also represent the Comhairle on the proposed Western Isles Local Economic Forum.
Scottish Highlands and Islands Film Commission DS40.01.10	46*		The Chief Executive submitted a Report concerning the activities of the Scottish Highlands and Islands Film Commission, which had gained considerable success in attracting a number of feature films to the Highlands and Islands, including one major feature film that would be filmed entirely in the Western Isles during 2001/2002. It was stated in the Report that, as well as generating significant economic activity throughout the Western Isles, the film industry also utilised specialist facilities, such as Studio Alba, Stornoway. Details of the Comhairle's contribution towards the Scottish Highlands and Islands Film Commission were given in the Report, and it was suggested that it would be appropriate for the Comhairle to contribute £3,000 per annum to the Commission for the next three years, towards the core funding of the Scottish Highlands and Islands Film Commission Partnership.
			It was agreed to recommend that the Comhairle: (1) authorise the Chief Executive to grant £3,000 to the Scottish Highlands and Islands Film Commission for the year 2001/2002, on the basis of this sum being met from provision within the Revenue Estimates for Development Services (Marketing and Promotion), on terms and conditions to be determined by the Director of Corporate Services, in consultation with the Chief Executive; (2) authorise the Chief Executive to indicate to the Scottish Highlands and Islands Film Commission that a grant of at least the same amount for 2002/03 and 2003/04 would be forthcoming from the Comhairle.
Western Isles Seaweed Industry DS40.04.22	47*		The Chief Executive submitted a Report concerning the current position of the Seaweed Industry within the Western Isles. It was intimated that, at present, there was currently no commercial utilisation of Western Isles seaweed resources and that this position was not unique to the Western Isles and reflected changes in the main end use markets for seaweed and competition from cheaper seaweed sources. It was indicated in the Report that there was a need to assess future prospects for re-establishing a seaweed industry in the Western Isles, taking account of the main strengths and weaknesses of the industry in the Islands. It was further stated that the "non-alginates" market for dried seaweed was growing. The Report referred to consultations which were taking place between the Comhairle and potential partners on the possible establishment of a sustainable Marine Resource Development Programme, which could include seaweed development and it was further indicated that funding for this Programme could possibly be obtained under the Highlands and Islands Special Transitional Programme. It was emphasised in the Report that the establishment of alternative energy research and development under the Comhairle's proposed Energy Innovation Zone could benefit seaweed processing in the medium to long term.
			It was agreed to recommend that the Comhairle: (1) note the current position of the Seaweed Industry as outlined in the Report by the Chief Executive; (2) authorise the Chief Executive to ensure that a Seaweed Resource Development was included in a Sustainable Marine Resources Development Programme to be undertaken in partnership with development and other relevant agencies in the Western Isles; and (3) following consultation with potential partners and interested parties, detailed proposals for a Sustainable Marine Resources Development Programme be included in a Report by the Chief Executive to the May 2001 series of meetings, on the basis that the detailed proposals would include a study of the Irish Seaweed Industry.
			It was agreed to adjourn the meeting at 3.20pm. The meeting reconvened in the Council Chamber, Council Offices, Stornoway, at 4.50pm, where the following Members when the following were found to be present:
		PRESENT		Mr Donald Maclean (Chairman)
				Mr Roderick Morrison	Mrs Mary Bremner
				Mr Donald J Macsween	Mr Ronald J Mackinnon
				Mr Donald Macdonald	Mr Donald Manford
				Mr James L Macarthur
		APOLOGIES		Mr Archie K Campbell	Mr Alexander A Macdonald
				Mr Donald M Mackay	Mr Roderick J Murray
Highlands and Islands Action Group on Hydrocarbons Fuels of 9 February 2001 CH02.04.10	48		The Minute of Meeting of the Highlands and Islands Action Group on Hydrocarbon Fuels, was submitted. It was agreed to note the Minute of Meeting of the Highlands and Islands Action Group on Hydrocarbon Fuels of 9 February 2001.
			CROFTING
Draft Land Reform (Scotland) Bill and Draft Scottish Outdoor Access Code: Consultation Papers DS40.15.02	49*		The Chief Executive submitted a Report giving information on the consultation process for the Draft Land Reform Bill and the Draft Scottish Outdoor Access Code, which had been launched by the Scottish Executive on 22 February 2001. It was intimated in the Report that the key elements of the Draft Bill were to create new rights of access, community ownership and crofting community ownership. It was indicated in the Report that an extension to the deadline of 18 May 2001 for consultation responses had been given to the Comhairle and that it was proposed to submit a Report on this matter to the next meeting of the Development Services Committee on 30 May 2001.
			It was agreed to recommend that the Comhairle note the Report by the Chief Executive concerning the Draft Land Reform (Scotland) Bill and Draft Scottish Outdoor Access Code: Consultation Papers, on the basis that a further Report would be submitted to the May meeting of the Committee by the Chief Executive on this matter.
			It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(h), as information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services, would be disclosed.
Western Isles Slaughterhouses DS40.42	50*		The Chief Executive submitted a Report giving information on the progress of discussions in connection with the four slaughterhouses in the Western Isles, and the future demands for slaughtering in the Islands and the requirements to meet these demands. It was recommended in the Report that the Comhairle: (1) agree that the draft Brief as set out in paragraphs 8.1 to 8.6 of the Report by the Chief Executive should form the basis of a brief to consultants to investigate slaughtering requirements and facilities in the Western Isles;
			(2) authorise the Chief Executive to contribute £5,000 to the above-mentioned study from provision within the Revenue Estimates for Development Services (Crofting and Development) for 2001/02; and (3) authorise the Chief Executive to engage consultants by competitive tender to carry out the above-mentioned study on terms and conditions to be determined by the Director of Corporate Services, in consultation with the Head of European and Development Services. It was agreed to recommend approval of the above recommendations, on the basis that recommendation (2) above be subject to confirmation of funding for the study from Western Isles Enterprise.
			FISHERIES AND FISHERY PIERS
Programme and Progress T07.01	51		The Director of Technical Services submitted the Capital Works Programme and Progress Report in respect of fishery piers. It was agreed to note the Report.
Tender Monitoring T07.01	52		There was submitted Tender Monitoring Report in respect of Fishery Pier Schemes, the tender value for which was greater than £75,000. It was agreed to note the Report.
			It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(f), as information relating to the financial or business affairs of any particular person, other than the Comhairle would be disclosed.
			The Chairman ruled that a material change of circumstances had occurred since the Comhairle last considered the undernoted item in September 2000, namely, a change in the financial aspects associated with the proposed West Side Slipway Project and it was not necessary to suspend Standing Orders to consider the recommendations detailed in the Report.
Proposed West Side Slipway Project DS02.55	53*		The Chief Executive submitted a Report giving new financial information relating to the West Side Slipway Project. It was agreed to recommend that the Comhairle agree that the proposed West Side Slipway Project be considered as part of the Capital Programme Working Group's Quarterly Monitoring exercise.
Erect Church, 1A North Street, Sandwick, Isle of Lewis DS21.01	54*		PLANNING APPLICATIONS With reference to item 223 of the Minute of Meeting of 11 December 2000, the Acting Director of Environmental Services submitted a Report concerning an application for outline planning permission to develop a new Church on land at 1A North Street, Sandwick, Isle of Lewis. The Report outlined the further detailed information submitted by the applicants relating to: (1) the ability to connect to the public sewer; (2) the provision on this site for access, egress and parking by buses; and (3) the provision of a pavement on the road frontage from the access to the site, linking to the existing pavement to North Street.
			It was agreed to recommend that the Acting Director of Environmental Services be authorised to grant outline planning permission to develop a new church on land at 1A North Street, Sandwick, Isle of Lewis, subject to the Schedule of Proposed Conditions detailed at Appendix 1 of the Report.
Additional Dishes - Eitshal, Achmore, Isle of Lewis DS21.01	55*		With reference to item 262 of the Minute of Meeting of 1 December 1999 and item 33 of the Minute of Meeting of 31 January 2001, the Acting Director of Environmental Services submitted a Report concerning an application for planning permission for three additional dishes at Eitshal, Achmore, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received. The Report referred to draft guidance on telecommunications developments which had been issued by the Scottish Executive and indicated that the applicant had confirmed that the proposed installations would comply with the emissions standard set by the International Commission on Non-Ionising Radiation Protection, although the Report identified the need for clarification with the International Commission on how non-ionising radiation protection standards would be monitored and enforced.
			It was agreed to recommend that the Acting Director of Environmental Services be authorised to grant planning permission for three additional dishes at Eitshal, Achmore, Isle of Lewis, subject to the conditions detailed at Appendix 1 of the Report.
			PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	56		The Director of Corporate Services submitted a Report detailing the Reports outstanding from decisions of the Committee since 1 May 1994. It was agreed to note the Report.
			RELATED MATTERS
Presentation of Ports of Entry Enhancement Report DS63.01	57*		The Acting Director of Environmental Services submitted a Report concerning arrangements relating to the presentation of the final Report concerning the enhancement of Leverburgh and Lochboisdale and intimated that arrangements had been made for presentations in Leverburgh and Lochboisdale on the evenings of 25 and 26 April 2001, respectively, by Smith, Scott, Mullan and Architects who had undertaken the preparation of plans and proposals for the enhancement of Leverburgh and Lochboisdale.
			It was agreed to recommend that the Comhairle homologate the action taken by the Acting Director of Environmental Services in relation to the presentation of the final Report on plans and proposals for the enhancement of Leverburgh and Lochboisdale Ports of Entry in Leverburgh and Lochboisdale, on the evenings of 25 and 26 April respectively.
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