COMHAIRLE NAN EILEAN SIAR

SUSTAINABLE DEVELOPMENT COMMITTEE

 

 

 

 

 

 

 

 

 

 

 

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 21 March 2007 at 2.00pm

 

 

PRESENT

Mr Archie K Campbell (Chairman)

 

 

Mrs Annie Macdonald (Vice-Chair)

Mr Angus McCormack

 

Mrs Annie Macsween

Mr Alexander M Mackintosh

 

Mr John Mackay

Mr Donald Macdonald

 

Mr Norman L Macdonald

Mr Peter Carlin

 

Mr Neil Campbell

Mr Ronald J Mackinnon

 

Mr Angus Campbell

Mr Donald Manford

 

 

 

APOLOGIES

Mr Alex A MacDonald

 

 

 

 

 

MINUTES

 

Minute of Meeting of 7 February 2007

 

 

1

The Minute of Meeting of 7 February 2007 was approved.

Declaration of Interest

 

 

2

Mr Donald Macdonald declared an interest in and left the meeting during consideration of item 12. 

 

Mr Norman L Macdonald, Mr Angus Campbell and Mr Donald Macdonald declared an interest in and left the meeting during consideration of item 14.

 

 

 

 

FINANCE

 

Business Plans and Budgets 2007/08

PR33.01.04

 

 

3

The Chief Executive submitted a Report seeking approval of the Business Plans for 2007/2008 and the budget for 2007/2008.  It stated in the Report that the Chartered Institute of Public Finance (CIPFA)/Society of Local Authority Chief Executives (SOLACE) Corporate Governance Framework advised that Local Authorities should maintain effective arrangements for explicit accountability to stakeholders for an authority’s performance and its effectiveness in the delivery of services and the sustainable use of resources.  It was stated in the Report that the preparation of Department Business Plans and Budgets had been brought together for 2007/08 with the result that the budget now included business plans alongside the planned expenditure for any given service.  It was emphasised that possible targets and action points relating to 2008/2009 and 2009/2010 had also been included in the plans. 

 

It was agreed to recommend that, insofar as the Committee’s interests were concerned, the Business Plans, as amended, for 2007/08 be approved.

 

 

 

 

 

CAPITAL PROGRAMME

 

Stornoway Regeneration – Capital

DS40.84

 

4

The Director for Sustainable Communities submitted a Report advising the Comhairle of the status of “Stornoway Regeneration” Capital and recommending a strategy to the end of the current capital programme 2004-08.

 

The Report stated that as the timing of the Townscape Heritage Initiative (THI) had now been confirmed and it was not considered necessary to allocate any further funding to the West Harbour Project as a result of the outcome of the Bulk Goods Study within the 2004-08 capital programme, it was proposed that the remainder of the Stornoway Regeneration Capital of £170,000 be committed to essential external works to the Stornoway Town Hall for delivery in 2007/08 in advance of further works in the future as part of the THI Project.

 

It was also indicated that it was understood that further bids would be required in relation to the Town Hall as part of the 2008-12 Capital Programme.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle agree that:

 

(1)           the remainder of the Stornoway Regeneration capital fund of £170k be committed to external works to the Town Hall in 2007/08; and

 

(2)           the Director of Technical Services be authorised to extend the appointment of Simpson and Brown, Architects and Morham and Brotchie, Quantity Surveyors to undertake professional design services in connection with this work and that the services be not tendered for in terms of Contract Regulation 7(f) for the reasons set out in paragraph 2.4 of the Report.

 

 

 

 

BUILDINGS

 

Programme and Progress

PR33.01.12

 

5

The Director of Technical Services submitted a Report outlining the programme and progress in relation to land and buildings held on the Sustainable Development account at pre-construction and construction stages.

 

It was agreed to recommend that the Report be noted.

 

 

 

 

BIODIVERSITY

 

Western Isles Local Biodiversity Action Plan First Monitoring Report and Biodiversity Duty

DS61

 

6

The Director for Sustainable Communities submitted a Report detailing progress on implementation of the Western Isles Habitat and Species Action plans and informing Members of the biodiversity duty on public bodies.  The Report stated that the Western Isles Local Biodiversity Action Plan (LBAP) had been formally lodged in May 2004 and the Report detailed monitoring of individual actions and progress towards the stated objectives which had been undertaken by the LBAP Steering Group

 

The Report also detailed the duty on public bodies in terms of the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity.  The Report proposed that the Comhairle follow the four step process set out in Scottish Executive Guidance and reproduced at Appendix 1 to the Report.

 

 

 

 

Mrs Anne Maclennan gave a short presentation in relation to progress on the actions plans and the biodiversity duty.

 

The Chairman thanked Mrs Maclennan for her presentation and Members were afforded the opportunity of asking questions of Mrs Maclennan.

 

It was agreed to recommend that the Comhairle:

 

(1)           note the contents of the first monitoring summary Report on the Western Isles Species and Habitat Action Plans; and

 

(2)           agree to follow the four step process set out in the Scottish Executive guidance for implementing the biodiversity duty and that this process be led by the Comhairle's Quality of Life Group.

 

 

Scottish Executive Consultation on Transposition of the Environmental Liability Directive

DS63

 

7

The Director for Sustainable Communities submitted a Report proposing a Comhairle response to the Scottish Executive Consultation on Transposition of the Environmental Liability Directive into domestic legislation.

 

The Report stated that this legislation would be based on the “polluter pays” principle with certain defences available if, for example, an operator had worked within the relevant regulatory regime at the time of the polluting event.  The Report stated that the deadline for consultation responses was 29 March 2007. 

 

It was agreed to recommend that the Director for Sustainable Communities be authorised to respond to the consultation on the basis of the comments set out in paragraphs 6.1 to 6.5 of the Report and Appendix 2 to the Report.

 

The Committee unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations 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 that the recommendations were not contentious and did not breach a major policy position of the Comhairle

 

 

 

 

ECONOMIC DEVELOPMENT

 

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 8 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

 

Economic Development Properties – Castlebay Development Estate

DS41

 

8*

The Director for Sustainable Communities submitted a Report requesting that the Comhairle consider five applications from prospective tenants wishing to lease Units 1-4, Castlebay Development Estate, Castlebay, Isle of Barra.

 

The Report suggested a mechanism by which all five applicants could be accommodated within the available units with any costs of adaptation coming from the provision in the capital programme 2004-08 for new build industrial units.  The Report stated that a wide variety of tenants had come forward and this demonstrated the demand for such premises in the community.

 

A verbal update was provided to the Committee that one of the applications had been withdrawn but it was understood that another expression of interest which it may be possible to accommodate had been received.

 

It was agreed to recommend that the Comhairle:

 

(1)           agree to the lease of Unit 3 Castlebay Development Estate to Anna’s Salon, subject to such terms and conditions as the Director of Corporate Services in consultation with the Director for Sustainable Communities should determine and upon the achievement of all necessary consents;

 

 

(2)           agree to the lease of Unit 4 Castlebay Development Estate to Perfect Image, subject to such terms and conditions as the Director of Corporate Services in consultation with the Director for Sustainable Communities should determine and upon achievement of all necessary consents; and

 

(3)           discussions continue with Nicolson Builders Limited, Barra Tool Hire and any individual, company or other organisation who may express an interest in leasing premises within Castlebay Development Estate in order to locate the businesses within Units 1 and 2, and that this being the case that appropriate adaptations are undertaken to accommodate the above arrangement and that it be delegated to the Director of Corporate Services in consultation with the Director for Sustainable Communities to agree appropriate rental agreements and suitable leases upon the achievement of all necessary consents.

 

 

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 9 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

Economic Development:  New Build Programme Update

DS21.01

 

*9

The Director for Sustainable Communities submitted a Report updating Members in relation to progress with the programme of new build economic development properties and seeking approval for a partial reallocation of resources.

 

The Report indicated that the proposed development of office accommodation at Balivanich Commercial Development was extremely unlikely to take place within the 2004-08 capital programme due to the total cost of the development having substantially increased. 

 

The Report suggested that a further £50,000 be allocated to Castlebay to allow for the installation of a concrete slab foundation to facilitate development on the site.  The Report further suggested that discussions should commence as to the feasibility of developing commercial units at Leverburgh to make use of the remaining funding within this aspect of the capital programme prior to 31 March 2008. 

 

It was agreed to recommend that the Comhairle:

 

(1)           note the successes to date in enabling economic development property projects to progress, particularly in Castlebay;

 

(2)           agree to reallocate £50k from the Business Units provision in the Capital Programme 2004-08 to enable the new-build Scottish Co-op project to proceed on Castlebay Development Estate; and

 

(3)           agree that discussions begin as to the feasibility of developing commercial units at Leverburgh, should a commercial development at Balivanich not proceed.

 

Arising out of consideration of this item it was further agreed to recommend that a Report to be submitted to a future meeting of the Committee in relation to the feasibility of the development of business units on a site at Steinish, Stornoway.

 

 

 

 

 

DEVELOPMENT PLAN

 

National Planning Framework

DS24.01

 

10

The Director for Sustainable Communities submitted a Report informing Members of the Scottish Executive’s intention to prepare the second National Planning Framework and seeking approval for informal discussions to be held with the Scottish Executive with a view to highlighting Western Isles land use issues at a national level.  The Report indicated that the purpose of the National Planning Framework (NPF) was to provide a spatial perspective for other national agencies such as the framework for economic development highlighting the importance of place and identifying priorities for investment in strategic infrastructure.

 

The Report further stated that the first NPF had recognised the challenges facing the Western Isles and it was hoped that by engaging in early discussions in respect of the second NPF that some of the major projects which might benefit the Western Isles could be highlighted such as the upgrading of the interconnector, the Sound of Harris Hydrogen Project, the regeneration of Stornoway through the relocation of oil and gas landing facilities and the development of a climate research facility.

 

It was agreed to recommend that the Comhairle authorise the Director for Sustainable Communities to hold informal discussions with the Scottish Executive on the proposed content of the second National Planning Framework and report back to a future meeting of the Committee when the draft NPF had been produced.

 

 

Western Isles Local Plan:  Pre Inquiry Update

DS24.01

 

11

The Director for Sustainable Communities submitted a Report outlining the consultation outcomes on the finalised Local Plan Proposed Modifications and associated strategic environmen assessment draft Environmental Report together with detailing arrangements for a Local Plan Enquiry.

 

The Report stated that, while a number of original objections to the Western Isles Local Plan had been successfully resolved through negotiation, 54 objectors were as at the date of the Report potentially maintaining their objections and arrangements had therefore been made for a local plan enquiry which would commence on 25 June 2007 and last for approximately seven to ten days. 

 

The Report further stated that Mr Mike Culshaw had been appointed as an independent reporter and that he would be assisted by Mrs Lena Morrison who would act as Programme Officer to assist in the management and organisation of the enquiry.

 

It was agreed to recommend that the Comhairle:

 

(1)           note the consultation outcomes arising from Finalised Local Plan Modifications and SEA draft Environmental Report as outlined in paragraphs 5.1 to 5.4 of the Report; and

 

(2)           agree the recommended responses to consultation representations in Appendix 1 to the Report and approve the further modification changes to Local Plan as outlined in Appendix 2 to the Report; and

 

(3)           note the Local Plan Inquiry arrangements as outlined in paragraphs 7.1 to 7.4 of the Report.

 

 

 

 

TOURISM

 

 

 

Mr Donald Macdonald declared an interest in and left the meeting during consideration of the following item.

 

Tourism Partnership Agreement and Funding for 2007/08

DS40.08

 

12

The Director for Sustainable Communities submitted a Report providing details of the proposed partnership agreement with VisitScotland for 2007-08 and sought to agree the funding allocation to VisitScotland Hebrides in accordance with the budgetary provision agreed at the February 2007 series of meetings.

 

The Report indicated that it was proposed that a full review of value for money aspects for service delivery take place in 2007-08 with a view to ensuring that the best use possible was made of the funding available. 

 

The draft Partnership Agreement was appended to the Report.

 

It was agreed to recommend that the Comhairle:

 

(1)           approve funding of £100,000 for core activities and £25,000 for VisitHebrides.com, to VisitScotland from the 2007/08 Tourism budget; and

 

(2)                 authorise the Director of Corporate Services, in consultation with the Director for Sustainable Communities, to conclude an agreement with VisitScotland on the basis of the draft Partnership Agreement at Appendix I to the Report, subject to such textual amendments as she shall deem appropriate.

 

 

 

 

PIERS AND HARBOURS

 

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 13 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

Kallin Harbour Development Update

T07.02.23

 

13*

The Director of Technical Services submitted a Report providing an update in relation to progress on the Kallin Harbour Development Project.  The Report indicated that the current project budget stood at £2,098,515 and that the preferred option remained the development of a seventy five metre long berthing breakwater quay.

 

The cost of a 75 metre long breakwater was estimated as being in the region of £2.96 million.

 

It was agreed to recommend that, subject to the satisfactory resolution of several technical and programme related issues to the satisfaction of the Director of Corporate Services in consultation with the Director of Technical Services, the Director of Corporate Services be authorised to award a contract to George Leslie Ltd to construct a forty five metre berthing breakwater quay at Kallin Harbour, Isle of North Uist.

 

 

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 14 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

 

 

Mr Norman L Macdonald, Mr Angus Campbell and Mr Donald Macdonald declared an interest in and left the meeting during consideration of the following item.

 

Fuel at Fishery Piers

CB014

 

14*

The Director of Technical Services submitted a Report advising the Comhairle of the results of the expression of interest exercise in relation to franchising the fuel at fishery piers operation.

 

The Report stated that one expression of interest had been submitted following public advertisement and having considered this submission in terms of suitability and sufficiency the Harbour Master had advised that he considered that the interests of fuel customers would be best served by the continuation of the existing arrangements.

 

It was agreed to recommend that the Comhairle:

 

(1)           approve the retention of the status quo at existing marine facilities with Technical Services Marine Operations continuing to operate the facility as  a Trading Operation; and

 

(2)           authorise the Director of Technical Services to continue to investigate the feasibility of making similar provision available at the Port of Stornoway including, if appropriate, and in consultation with the Director of Finance, to seek to include the necessary capital funding in the Capital Programme 2008 – 2012.

 

 

Caledonian Maritime Assets Limited (Lochboisdale) Harbour Empowerment Order

T07.01

 

15

The Director of Technical Services submitted a Report providing Members with an opportunity to consider whether to make representations in relation to the draft Caledonian Maritime Assets Limited (Lochboisdale) Harbour Empowerment Order.  It was suggested in the Report that officers be authorised to make representations if possible in conjunction with other interested parties following a public meeting which was scheduled to take place on 30 March 2007.  It was suggested that these representations seek assurance that development would not be curtailed and harbour users would be charged reasonable rates.

 

It was agreed to recommend that it be delegated to the Director of Corporate Services, in consultation with the Director of Technical Services, to make such representation as she shall deem appropriate in relation to the Caledonian Maritime Assets Ltd (Lochboisdale) Empowerment Order 2007 taking account of any views expressed by Members and by local community groups.

 

 

 

 

RELATED MATTERS

 

Student Summer Placement Programme 2007

DS42

 

16

The Director for Sustainable Communities submitted a Report updating the Comhairle on the 2006 Student Summer Placement Programme and seeking approval for the proposed programme for 2007.

 

The Report indicated that the current budgetary provision allowed for the allocation of a grant of £5,160 towards the STEP Programme and that retaining the level of student summer placement grant at £1,000 per student would allow twenty one placements to be funded.

 

It was agreed to recommend that the Comhairle:

 

(1)           approve the allocation of grant of £5,160 towards the Shell Technology Enterprise Programme (STEP) 2007 from the Student Summer Placement Programme on condition that confirmation of STEP 07 going ahead was received by 15 June 2007; and

 

(2)           agree to continue to support the Skillseekers Awards Ceremony; and

 

(3)           agree to retain the level of the Student Summer Placement Grant at £1,000 per student.

 

 

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 17 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

South Harris Access Issue

DS63

 

17*

The Director for Sustainable Communities submitted a Report seeking approval of a proposed resolution to an access issue in South Harris.  The Chairman indicated that a supplementary representation had been received and had been circulated to Members.

 

It was agreed to recommend that the Comhairle approve the proposed resolution to the access issue as specified in paragraph 5.1 of the Report.

 

 

Aline Forest Development

DS40.05

 

18

The Director for Sustainable Communities submitted a Report recommending the allocation of funding to the Erisort Trust to support development at the community owned forest at Aline.

 

The Report narrated the history of the project and proposed that a scheme with a total cost of £278,400 be facilitated by the allocation of £20,000 from the Community Initiated Project Scheme and £20,000 from the Energy Implementation Fund.

 

It was agreed to recommend that, subject to evidence of all necessary match funding being confirmed, the Comhairle approve funding to the Erisort Trust for the Aline Community Woodland Project of:

 

(1)           £20,000 from the Community Initiated Projects Scheme; and

 

(2)           £20,000 from the Energy  Implementation Fund.

 

 

 

 

PERFORMANCE MONITORING

 

Reports Outstanding:  Progress

PR33.01.12

 

19

The Director of Corporate Services submitted a Report detailing progress in relation to reports outstanding within the remit of the Sustainable Development Committee.

 

It was agreed to recommend that the Report be noted.

 

 

 

 

ADDITIONAL ITEM

 

 

 

The Chairman ruled that, in accordance with the provisions of Section 50(B)4 of the Local Government (Scotland) Act 1973 as amended, that the following two items be considered as a matter of urgency in order to allow the Comhairle to take a view on the matters prior to the next series of meetings.

 

Proposed Western Isles Connection (Lewis Infrastructure and Subsea Connection)

DS61.19

 

20

The Director for Sustainable Communities submitted a Report informing Members that a consultation document had been issued by SSE Power Distribution requesting comments in relation to the Lewis Infrastructure and Subsea Section of the Western Isles Connection.  The Report indicated that this was a pivotal consultation for renewable energy developments in the Western Isles.

 

The Report stated that responses required to be submitted by 4 May 2007 and it was therefore suggested that it be delegated to the Director for Sustainable Communities in consultation with the Alternative and Renewable Energy Developments Member/Officer Working Group to submit a response.

 

It was agreed to recommend that it be delegated to the Director for Sustainable Communities, in consultation with the Alternative and Renewable Energy Developments Member/Officer Working Group, to provide a response to SSE Power Distribution on the consultation document “Proposed Western Isles Connection (Lewis Infrastructure and Subsea Section).”

 

 

It was agreed that the public including the press be excluded from the meeting during consideration of the following item 21 on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A to the Local Government (Scotland) Act 1973 as amended namely information relating to the financial or business affairs of any particular person other than the Comhairle would be disclosed.

 

Plots A and B Bells Road, Stornoway

DS41

21*

The Director for Sustainable Communities submitted a Report proposing that the Comhairle consent to the ground lease of the premises at Plots A and B at Bells Road, Stornoway being assigned to Mr Donald Murray trading as John Murray & Co for use as a retail outlet for carpets and floor covering.

 

It was agreed to recommend that the Comhairle agree to assign the lease for Plots A and B Bells Road, Stornoway to Mr Ronald Norman Murray, trading as John Murray and Co., under terms and conditions to be agreed by the Director of Corporate Services, in consultation with the Director for Sustainable Communities.