COMHAIRLE NAN EILEAN SIAR

DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 1 December 1999 at 2.00pm

PRESENT	Mr Donald Maclean (Chairman)
	Mr Archibald K Campbell (Vice-Chairman)	Mr Donald M Mackay
	Mr Roderick Morrison	Mr Donald Macdonald
	Mr Roderick J Murray	Mr James L Macarthur
	Ms Rita Macdonald	Mrs Mary Bremner
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Donald J Macsween	Mr Donald Manford
APOLOGIES	Mr Malcolm J Macleod

Development Services DS09.01	216	MINUTES The Minute of Meeting of 6 October 1999 was approved.
Development Services Sub-Committee DS09.02	217	The Minute of Meeting of the Development Services Sub-Committee of 26 October 1999 was noted.
Gaelic Development Sub-Committee PR03.05	218	The Minute of Meeting of the Gaelic Development Sub-Committee of 25 October 1999 was noted, insofar as the Committee's interest was concerned.
Second Quarter Revenue Out-Turn 1999/2000 PR110.08	219*	FINANCE With reference to item 48 of the Minute of Meeting of 17 August 1999, the Director of Finance submitted a Report detailing the Income and Revenue Expenditure incurred for the Comhairle's services for the three months ending 30 September 1999 and comparing such Income and Expenditure with the Revenue Estimates for Income and Expenditure for the period. The Acting Director of Environmental Services reported on the funding of works at Eaglais na h-Aoidhe previously agreed by the Committee and indicated that it was proposed to identify funding for Eaglais na h-Aoidhe from within the programme of capital expenditure 1999/2000 (private burial ground). It was agreed to recommend that the funding of previously agreed work at Eaglais na h-Aoidhe be met from provision within programme of capital expenditure 1999/2000 private burial grounds.
		It was agreed to note the Report, insofar as the Committee's interest was concerned.
Second Quarter Out-Turn Forecast: General Fund Capital PR110.08	220*	With reference to item 50 of the Minute of Meeting of 17 August 1999, the Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the Comhairle for the period 1 April 1999 to 30 September 1999, for all services except the Housing Revenue Account. The Report detailed the approved expenditure and estimated out-turn expenditure for the financial year 1999/2000 for each service. It was noted that the forecast out-turn for 1999/2000 was £758,000 below the initial approved programme. Details of the Capital Programme, together with proposed revisions, were appended to the Report.
		It was agreed to recommend, approval of the recommendations detailed in the Report by the Director of Finance insofar as the Committee's interest was concerned.
		Mr Finlay Morrison declared an interest in the following item and left the meeting during consideration of the matter.
Budget Strategy PR110.08	221*	With reference to Item 89 of the Minute of Meeting of the Finance Sub-Committee of 28 September 1998, the Director of Finance submitted a Report setting out a proposed budget strategy for 1999/2000. The Report outlined the present financial requirements of the Comhairle and identified a number of new burdens and reductions in costs. Comments on inflation and interest rates were set out in the Report and the assumption regarding revenue support grant, special islands needs allowance and capping were outlined. It was noted that there was an assumption of a 5% increase in Council Tax in 1999/2000, which left a shortfall of £948,000 to be funded from savings. It had been assumed that no balances were to be applied. Details of the provisional cash planning limits for each service were appended to the Report. It was agreed to recommend approval of the Budget Strategy as detailed in the Report by the Director of Finance insofar as the Committee's interest was concerned. The Committee considered the Grow/Save Reports and expressed serious concern if any savings were to be made in the 2000/2001 Revenue Budgets which would reduce the Comhairle's ability to create jobs and promote and encourage economic development as outlined in the Comhairle's Key Tasks and agreed to express the view that, in particular, savings be not made in respect of: (1) marketing and promotion - £10,000; (2) business advice and financial support - £10,000; (3) sectoral and area development support (community development) - £12,000; and (4) sectoral and area development support (tourism) - £10,000.
Project Initiation Reports PR110.08	222*	There was submitted details of Project Initiation Reports for consideration by the Committee in respect of the undernoted projects:
		It was agreed to note the Project Initiation Reports as submitted insofar as the Committee's interest and agreed to recommend that the Acting Chief Executive be requested to submit PIR in respect of Fishery Piers Projects.
Repairs and Maintenance DS40.01.01	223	BUILDINGS The Director of Technical Services submitted a Report giving details of expenditure incurred on the repairs and maintenance of properties held on the Development Services account during the period 1 April 1999 - 30 September 1999. It was indicated in the Report that £4,082.74 (68%) of the repairs and maintenance budget for Development Services' properties had been spent or committed as at 30 September 1999.
		It was agreed to note the Report on the basis that further Reports on the repairs and maintenance of properties held on the Development Services Account would continue to be placed before the Committee at quarterly intervals.
	224	TOURISM The Chairman welcomed Mr Ernest Hughson and Mr Angus Macmillan, Western Isles Tourist Board, to the meeting and invited Mr Macmillan and Mr Hughson to address the meeting. At the conclusion of the Presentations, an opportunity was afforded to Members to ask questions of Mr Hughson and Mr Macmillan.
		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 that exempt information relating to the financial or business affairs of any particular person other than the Comhairle, would be disclosed.
Coastal Access Project: Appointment of Contractors to Produce Interpretation Material in Panels DS40.54	225*	The Acting Chief Executive submitted a Report seeking homologation for the action taken by him in relation to the tendering process associated with interpretation material and panels associated with the Coastal Access Project. Details of responses received as a result of advertisements placed in the Stornoway Gazette and West Highland Free Press inviting expressions of interest to undertake the contract to produce interpretation material and panels at various locations associated with the Coastal Access Project were given in the Report and it was intimated that, in the light of the response engendered by the advertisements, tender documents had also been issued to additional contractors, with a view to ensuring that the contract for the interpretation panels was awarded by 31 December 1999, in order to maximise the uptake of European funding for the Coastal Access Project.
		It was agreed to recommend that the action taken by the Chief Executive in relation to the appointment of Contractors to produce interpretation materials and panels associated with the Coastal Access Project, as detailed in his Report, be homologated.
Business Development Services: Operational Guidelines DS40.24	226*	ECONOMIC DEVELOPMENT The Acting Chief Executive submitted a Report concerning the Business Development Service established in July 1999, which concluded the following Programmes: (1) Business Loan Scheme; (2) Business Start Scheme; (3) Marketing Support Initiative; (4) Prince's Scottish Youth Business Trust; and (5) Fisheries Assistance Scheme.
		It was intimated in the Report that staff employed to administer the Business Development Service had dealt with 450 enquiries which had resulted in some 150 applications leading to the creation or retention of 222 jobs and investment in the sum of £944,040 in the Western Isles economy. Appended to the Report were the Operational Guidelines 1998-2001 for the Business Development Services and it was intimated that the successful operation of the Business Development Service was dependent on adherence to the Operational Guidelines.
		It was agreed to recommend that the Comhairle approve the operational guidelines 1998-2001 for the Business Development Service as detailed in the Report by the Acting Chief Executive.
Business Development and Community Development Service DS40.24	227*	The Acting Chief Executive submitted a Report regarding proposals to enhance the Business Advice and Sectoral and Development Services offered by the European and Development Services Section within the Chief Executive's office. It was stated with the intended transfer of the Western Isles Fisheries Assistance Scheme to the Royal Bank of Scotland plc, there would be a saving of £150,000 within the Revenue Estimates for Development Services. It was proposed that this sum be allocated for business development purposes through business advice and sectoral and area development as a means of enabling the Comhairle to refocus its resources in areas which it had identified in its key policies and Key Tasks.
		It was agreed to recommend that: (1) the current Comhairle budget for the Fisheries Assistance Scheme in the sum of £150,000 be transferred to the Business Advice and Sectoral and the Area Development budgets in 2000/01; and (2) applications be made to the European Special Programme on the basis of matching funding being made available in these budgets from 2000/01 onwards.
Proiseact Uibhist 2000 DS02.41	228*	The Acting Chief Executive submitted a Report concerning an application for financial assistance from Proiseact Uibhist 2000. It was intimated in the Report that the Project had attracted financial support in the sum of £172,000 from the National Lotteries Charities Board for assistance to progress community priorities in the following areas: (1) land and natural resources; (2) culture and heritage; and (3) tourism and marketing.
		It was intimated that Proiseact Uibhist 2000 proposed to employ 3 Project workers for a three year period as well as purchasing equipment and had requested the Comhairle to provide matching funding in the sum of £4,500 per annum for the period 1999/2000 - 2001/02. It was indicated in the Report that the community development budgets within the Revenue Estimates for Development Services were heavily committed and that any allocation to Proiseact Uibhist 2000 associated with their successful National Lotteries Charities Board Project, would have to be considered when allocations were made for the 2000/01 financial year.
		It was agreed to recommend that approval be given in principle to a grant in the sum of £4,500 per annum for the period 2000/01 - 2002/03 being made to Proiseact Uibhist 2000 on the basis of this sum being met from provision within the Revenue Estimates for Development Services (Community Development) towards Uibhist 2000's community project, subject to provision being made in the budget and annual application for funding.
West Side Story Project DS42.01	229*	The Acting Chief Executive submitted a Report concerning an application from "West Side Story" project sponsored by Urras na Turrsachan and Urras na Gearrannan, towards extending their project for a period of six months to allow work to continue on the West Side Story Project, which aimed to develop the Gearrannan Village and the Callanish Archaeological Resource Centre. It was intimated in the Report that funding had been secured from HIPP towards the West Side Story Project and that the Comhairle had been requested to allocate the sum of £5,777.
		It was agreed to recommend that the Comhairle approve a grant in the sum of £5,777 to West Side Story in the 2000/01 financial year, on the basis of this sum being met from provision within the Revenue Estimates for Development Services community development budget, subject to adequate budgetary provision being made.
17th Round Oil Licensing Atlantic Margin DS40.09	230	The Acting Chief Executive submitted a Report referring to the High Court judgement which imposed a requirement on the Government to apply the European Habitats Directive to the edge of the continental shelf, 200 miles or thereby, and not solely to the twelve mile limit. It was intimated that the Government, when issuing "oil licenses" would have to take into account the recommendations made by the Joint National Conservation Committee for specified marine special areas of conservation.
		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 6 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.
Habost Factory, Ness DS06.02	231*	The Acting Chief Executive submitted a Report concerning a request from Comunn Eachdraidh Nis to purchase the Habost Factory, Ness. It was indicated in the Report that the Comunn Eachdraidh leased the property on a year by year basis. It was indicated in the Report that the Comunn Eachdraidh intended to seek financial assistance from the Heritage Lottery Fund, Western Isles Enterprise and the Comhairle, to implement a detailed Business Plan which involved the purchase of the Habost Factory and surrounding land, extensive renovations of the factory, the provision of a multi-media studio with associated fixtures and fittings and that the Comunn Eachdraidh sought to: (1) preserve the local culture and heritage;
		(2) ensure the professional display of artefacts leading to Scottish Museum's status; (3) cultural dissemination; (4) facility provision; and
		(5) economic development
		It was agreed to recommend that: (1) the Director of Corporate Services be authorised to dispose of the Habost Factory, Ness, to Comunn Eachdraidh Nis, on terms and conditions to be determined by him, in consultation with the Acting Chief Executive; and (2) the sale price of the property be as determined by the District Valuer and on the basis that the sale price would form part of the Comhairle's contribution towards the proposed redevelopment of the premises.
Allocation of Unit 1, Mossend Industrial Estate DS41.23.01	232*	The Acting Chief Executive submitted a Report giving information on applications received in respect of the lease of Unit 1, Mossend Industrial Estate, Stornoway. The Report gave background information and indicated that EC Express had requested that their lease of Unit 1, Mossend Industrial Estate, be terminated. The Report gave background information and commented on the application to lease the property submitted by Mr Duncan Mackay, T/A Autohire.
		It was agreed to recommend that: (1) the Acting Chief Executive be authorised to inform EC Express that the Comhairle had agreed to their request to vacate Unit 1, Mossend Industrial Estate and the current lease be terminated; and (2) the Director of Corporate Services be authorised to offer Unit 1, Mossend Industrial Estate, Stornoway, for lease to Mr Duncan Mackay, T/A Autohire, on a three year lease and on terms and conditions to be determined by the Director of Corporate Services, in consultation with the Acting Chief Executive.
Repeater Station, Uachdar, Benbecula DS41.26	233*	The Acting Chief Executive submitted a Report concerning a request from Maclean's Bakery to purchase the Repeater Station at Uachar, Benbecula. It was indicated in the Report that Maclean's Bakery currently occupied the former Repeater Station at Uachdar, Benbecula, on a 21 year lease. Details of the property were given in the Report and it was indicated that the building was currently used as the premises for a successful bakery business.
		It was agreed to recommend that the Director of Corporate Services be authorised to offer the former Repeater Station at Uachdar, Benbecula, for sale to the existing tenant, Maclean's Bakery, at the current market valuation, per the Valuation Office, and on terms and conditions to be determined by the Director of Corporate Services, in consultation with the Acting Chief Executive.
Unit 1, Cnoc na Feille, Isle of Benbecula DS41.09.17	234*	The Acting Chief Executive submitted a Report giving information on applications received in respect of the lease of Unit 1, Cnoc na Feille, Isle of Benbecula. The Report gave background information and commented on the applications received. It was recommended in the Report that the Director of Corporate Services be authorised to offer Unit 1, Cnoc na Feille, Isle of Benbecula, for lease to Mr A Mackinnon, T/A Mackinnon Plant Hire, on terms and conditions to be determined by the Director of Corporate Services, in consultation with the Acting Chief Executive. Mr James L Macarthur seconded by Mr Donald Macdonald moved that the Director of Corporate Services be authorised to offer Unit 1 Cnoc na Feille, Isle of Benbecula, to Mr Paul Welch T/A Re-Cyc on terms and conditions to be determined by him in consultation with the Acting Chief Executive. The Chairman seconded by the Vice-Chairman moved as an amendment approval of the recommendation detailed in the Report by the Acting Chief Executive. On the matter being put to the vote the motion received the majority of votes cast and it was agreed to recommend accordingly.
Marketing Support Initiative: Application for Assistance DS40.02.06	235*	The Acting Chief Executive submitted a Report concerning a request for a Marketing Support Grant from Mr John M Macdonald, Glen House Guest House, Arnol, Isle of Lewis. It was indicated in the Report that, as the applicant was a relative of a Comhairle employee, the matter could not be dealt with in accordance with the Scheme of Delegation. It was agreed to recommend that, subject to standard Scheme conditions, the Comhairle support the activities detailed in the Report by the Acting Chief Executive concerning Mr John M Macdonald's application for Marketing Support Grant, by providing grants at a level of 50%, totalling not more than £1,915 for the three year period ended 30 June 2000 and £275 for the year ending 30 June 2001, subject to adequate provision existing within the Revenue Estimates for Development Services and the annual application for funding.
Marketing Support Initiative DS40.02.06	236*	The Acting Chief Executive submitted a Report concerning an application for Marketing Support Grant from CDK Properties, a Company established to manage and let commercial and residential property. It was indicated in the Report that, as an employee of the Comhairle, Mr Keith Bray, had been involved in the establishment of the Company, the matter could not be determined in accordance with the Scheme of Delegation. Details of the Marketing Project were given in the Report.
		It was agreed to recommend that, subject to standard Scheme conditions, the Comhairle approve, in principle, grants to CDK Properties, at a level of 50%, totalling not more than £250 for the year ended 30 June 2000 and £625 for the year ending 30 June 2001, subject to adequate provision being made in the Revenue Estimates for Development Services and annual application for funding.
Ness/Tolsta Track DS41.63	237	The Acting Chief Executive submitted a Project Initiation Report in respect of the Ness/Tolsta Track. It was indicated in the Report that the Project related to the provision of a track between Ness and Tolsta, approximately 12km in length.
		It was agreed to note the Project Initiation Report, as submitted, in respect of the Ness/Tolsta Track.
		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 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.
Sale of Land at Gleann Seileach Business Park to Western Isles Enterprise DS41.61	238*	The Acting Chief Executive submitted a Report concerning the sale of Plot 3, Gleann Seileach Business Park to Western Isles Enterprise. The Report gave background information to the proposed sale and indicated that Western Isles Enterprise had requested to purchase Plot 3, Gleann Seileach Business Park, which was currently vacant. It was further intimated that, if Plot 3 were sold to Western Isles Enterprise, the Comhairle would receive a capital receipt.
		It was agreed to recommend that the Director of Corporate Services be authorised to sell Plot 3, Gleann Seileach Business Park, to Western Isles Enterprise for the sum of £80,000, on terms and conditions to be determined by him in consultation with the Acting Chief Executive.
Lasair Information Services Limited, Balivanich DS02.52	239*	The Acting Chief Executive submitted a Report concerning a request for financial assistance from Lasair Information Services Limited, Balivanich. Details of the Company's sale structure were outlined in the Report and it was indicated that the Comhairle was represented on the Board of Directors by Mr Donald Maclean, Member for the Lochmaddy Ward, and Mr Ronald Mackinnon, Member for the Locheynort Ward. Details of the Project which the Company was currently involved with were outlined in the Report, together with: (1) Projects, costs and funding; and (2) financial forecasts. A Project Initiation Report relating to the application was appended to the Report.
		It was agreed to recommend that: (1) the Acting Chief Executive be authorised to inform Lasair Information Services Limited, Balivanich, Benbecula, that the Comhairle had agreed to offer to purchase £15,000 of Preference Shares from the Company, on conditions to be determined by the Director of Corporate Services, in consultation with the Director of Finance; and (2) the proposal to purchase the £15,000 of Preference Shares be considered as a bid under the Capital Programme for 2000/01, as detailed in the Project Initiation Report appended to the Report, but given the current level of slippage in the 1999-2001 Capital Programme, the Project be accelerated to the current year.
Habost, South Lochs, Possible Development Site DS41.62	240*	The Acting Chief Executive submitted a Report outlining a proposal to purchase an area of land near Habost, Pairc, South Lochs, Isle of Lewis, as a possible development site. A Project Initiation Report in respect of the proposed development of the land at Habost, Pairc, South Lochs, was appended to the Report and it was indicated that it would be appropriate to undertake a full technical survey prior to determining the suitability of the site for development, on the advice of the Member for Pairc to purchase the land and to sell it on to Western Isles Enteprise, as soon as possible.
		It was recommend in the Report that the proposed costs of a technical survey of the possible development site at Habost, Pairc, South Lochs, Isle of Lewis, and its future development, be considered for Capital Expenditure on the basis of the Project Initiation Report appended to the Report.
		It was agreed to recommend that the Director of Corporate Services, in consultation with the Acting Chief Executive, be authorised to seek to acquire the area of land at Habost, Pairc, South Lochs, referred to in the Report by the Acting Chief Executive, on behalf of Highlands and Islands Enterprise/Western Isles Enterprise.
		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 that exempt information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the Comhairle and information relating to the financial or business affairs of any particular person other than the Comhairle, would be disclosed.
Application for an Ex-Gratia Payment DS40.33.282	241*	With reference to item 180 of the Minute of Meeting of 18 August 1999 and the Minute of Meeting of the Comhairle of 7 September 1999, the Acting Chief Executive submitted a Report outlining the results of further consideration of an application for an ex-gratia payment.
		It was recommended in the Report that: (1) the Comhairle note the confirmation of the accuracy of the original Report on the quantification of loss, as detailed in the Report by the Acting Chief Executive; (2) the Comhairle note the view of the Comhairle's insurers in respect of the ex-gratia payment; (3) the Comhairle note the view of the Director of Finance that compensation for distress in the absence of independent or verifiable evidence, would be contrary to proper financial administration; and (4) the Comhairle approve an ex-gratia payment of £6669 to the applicant referred to in the Report by the Acting Chief Executive, in respect of financial loss. The Acting Chief Executive reported on the latest development in the above matter following discussions with the applicant's solicitor. It was agreed to recommend approval of recommendation (1) and (2) detailed in the Report by the Acting Chief Executive and further recommend that the Acting Chief Executive, in consultation with the Director of Finance and the Director of Corporate Services, be authorised to settle the matter on behalf of the Comhairle, in the sum of £10,000 plus appropriate legal fees on the Law Society's extra judicial scale, subject to the Comhairle's Medical Advisor verifying the evidence with regard to stress submitted by the applicant's Solicitor.
Compensation Package for Farmers and Crofters DS40.02.29	242*	CROFTING The Acting Chief Executive submitted a Report outlining the response received by Mr Roderick J Murray, Vice-Convener, from Mr Ross Finnie, the Scottish Rural Affairs Minister, in connection with the crisis facing the sheep farming industry in the Western Isles. It was indicated in the Report that the Minister dealt with the undernoted topics in his reply: (1) £40 million compensation package - £20 million of the package would go towards increased headage payments for sheep and cattle in less favoured areas such as the Western Isles and, in addition, certain hygiene controls in Abattoirs would continue to be underwritten by central funds;
		(2) Cull Ewe Scheme - the Scheme had been unsuccessful in securing European Commission funding and, furthermore, the Commission refused to ratify the proposal, on the grounds that it would be an illegal state aid; and
		(3) Agri-Environment Schemes - the Minister had responded to concerns raised by Mr Roderick J Murray relating to the operation of Agri-Environment Schemes and the role that stock disposal might play in helping to alleviate the current situation.
		It was further indicated in the Report that the Minister had met with representatives of the National Farmers Union on 4 October 1999 and had decided to appoint a Senior Businessman to examine the marketing and other aspects of the sheep farming industry and, it was suggested in the Report that, representations be made to the Minister to involve a wider range of expertise in this fresh examination of the sheep farming industry which would involve representatives from local authorities and the Scottish Crofters Union.
		It was agreed to recommend that: (1) the Report be noted; and (2) the Acting Chief Executive be authorised to press the Government to develop a longer term strategy for the sheep farming industry, involving local authorities, the Scottish Crofters Union and the National Farmers Union.
Programme and Progress T07.01	243	FISHERIES There was submitted Programme and Progress Report in respect of Fishery Piers. It was agreed to note the Report.
Tender Monitoring DS65.02.01	244	There was submitted a Tender Monitoring Report in respect of Fishery Pier Schemes, the tender value of which was greater than £75,000. It was agreed to note the Report.
PESCA Funded Piers Programme DS40.04.36	245*	The Acting Chief Executive submitted a Report giving details of a jointly funded Piers Programme costing £50,000, which was aimed at Iomairt Aig an Oir areas. Details of the Programme which involved: (1) pontoon systems; and (2) Stockinish Pier; Were given in the Report and, in particular, it was suggested that the Comhairle's contribution towards the Programme, in the sum of £10,000, be allocated towards the cost of constructing a small timber piled structure, separate from the main Pier at Stockinish, which could be used for landing. It was indicated in the Report that the Comhairle owned the relevant land at Stockinish and that it would be appropriate to lease the relevant area of land to the Stockinish Pier Users Association.
		It was further intimated that the study of pontoon systems, although targeted at: (1) Miavaig; (2) Stockinish; (3) Acarsaid; (4) Eriskay; and (5) Lochboisdale; would be of relevance to other areas in the Western Isles and on the basis that such a study would be of assistance during the European Union Special Programme for the Highlands and Islands, as the Programme could be a source of funding for small pier extensions.
		It was agreed to recommend that: (1) the Director of Technical Services be authorised to commission suitable experienced marine engineering consultants to undertake a Feasibility Study of pontoon berthing at Miavaig, Stockinish, Acarsaid and Lochboisdale, subject to 100% funding of the Study under the Western Isles PESCA Programme on the basis that the feasibility study be carried out as soon as possible to take advantage of pontoons which were available for use; (2) the Comhairle allocate £10,000 from the 1999/2000 PESCA budget to the provision of a timber landing berth at Stockinish Pier; and (3) an area of ground at Stockinish Pier, extending to approximately 560m2 be leased by the Director of Corporate Services to the Stockinish Pier Users association for storage purposes, on terms and conditions to be determined by him, in consultation with the Acting Chief Executive.
Transportation and Fishery Piers Schedule of Rates and Dues for 2000/01 T07.08.02	246*	With reference to item 203 of the Minute of Meeting of 18 November 1998, the Director of Technical Services submitted a Report concerning proposals to alter the rates and dues levied on boats using harbours and piers throughout the Comhairle's area. Appended to the Report were details of the proposed rates and dues for Comhairle piers and harbours which it was proposed to apply from 1 April 2000. It was recommended in the Report that the Comhairle agree to the proposed Schedule of Rates and Dues appended to the Report by the Director of Technical Services, being the scale of charges to be applied to the Comhairle's various piers and harbours with effect from 1 April 2000. It was agreed to recommend, insofar as the Committee's interest was concerned, that the Director of Technical Services be authorised to introduce the proposed schedule of dues, as detailed in the Report, being the scale of charges to be applied to the Comhairle's various piers and harbours with effect from 1 April 2000, on the basis that the charges made for the use of Kallin Harbour, be not increased from their current level and subject to the scale of charges to be applied at harbours and piers throughout the Western Isles being given further consideration in the context of the preparation of the Revenue Estimates.
		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 that exempt information relating to the financial or business affairs of any particular person (other than the Comhairle), would be disclosed.
Pier Users Groups and Pier Operatives DS40.04.43	247*	The Director of Technical Services submitted a Report concerning proposals to introduce a contracted service employing Pier Operatives at 13 pier locations throughout the Western Isles. The Report gave background information on the formation of Pier Users Groups and referred to the present position with regard to Groups' willingness to employ staff. The Report further outlined the action taken at Stockinish Pier to undertake cleaning, health and safety monitoring and boat recording. It was highlighted in the Report that Pier Users Groups played a significant role in maintaining effective communication between the Comhairle and Pier users. It was agreed to recommend that: (1) the Comhairle agree to engage a Pier Operatives contracted service at Miavaig, Kirkibost, Carloway, Breasclete, Brevig, Scalpay, Leverburgh, Berneray, Griminish, Kallin, Lochboisdale, Ludag and Acarsaid, and that it be delegated to the Director of Technical Srevices to provide such service by the most cost effective means within the budget figure allocated; an (2) the Comhairle further encourage the establishment of Pier Users Groups in Lewis, Harris and Uist; and (3) the Comhairle agree to a financial contribution of up to £100 annually being made to constituted Pier Users Groups for administration expenses from the Fisehries Piers Revenue Budget; subject to further consideration of the matter in the context of the preparation of the Revenue Estimates for 2000/01.
Finalised Harris Local Plan DS24.06	248*	LOCAL PLANS The Acting Chief Executive submitted a Report seeking approval for the Finalised Harris Local Plan. Details of the background relating to the preparation of the Plan were outlined in the Report, together with the statutory requirements placed on the Comhairle in terms of the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983, prior to the Plan being adopted by the Comhairle.
		It was agreed to recommend that: (1) the finalised Harris Local Plan, as appended to the Report, be approved and placed on deposit for a six week period; (2) the other steps required under the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983, as outlined in the Report, be undertaken; and (3) it be given to the Harris Local Plan Member/Officer Working Group to consider representations and seek resolution of issues raised as a result of recommendation (1) above, prior to the matter being referred back to the Committee for determination.
Marine Fish Farms: Review of Interim Scheme DS08.02	249*	MARINE FISH FARMS The Acting Director of Environmental Services submitted a Report giving details of the outcome of a meeting held between the Crown Estate Commission, the Scottish Executive, various local authorities and the Convention of Scottish Local Authorities, held to consider the Review of Interim Scheme for Marine Fish Farms. It was indicated in the Report that, as a result of the representations made at the meeting, the Crown Estate Commission had agreed to provide local authorities with better application details and the Scottish Executive Rural Affairs Department had agreed to provide improved policy guidelines. It was further intimated that the Scottish Executive representatives at the meeting had stated that primary legislation to grant full planning powers below the low water mark to local authorities was not included in the Parliamentary timetable for the current session or the 2000/01 session of the Scottish Parliament. It was emphasised that any such primary legislation would be restricted to fish farms and would not cover other developments such as marine engineering works, dredging of the sea bed for minerals or oil exploration and development works. The Report invited the Committee to consider whether representations should be made for marine planning powers to extend to activities other than fish farms.
		It was agreed to recommend that the Acting Chief Executive be authorised to inform Scottish Ministers and the Scottish Executive that the Comhairle considered that primary legislation to enable planning powers to be exercised below the low water mark, should be introduced as soon as possible and that such legislation should cover all forms of development, not just fish farming.
Interim Consultation Procedure: Mussel Farm, Sound of Scalpay DS08.02	250*	There was submitted Report by the Acting Director of Environmental Services concerning an application for a marine mussel farm for a site which lay at the western mouth of the Sound of Scalpay, below the village of Kyle Scalpay and between Bun nan Caol and the mainland and Geo an Aiseaig, on Scalpay. The Report gave background information in relation to the application and indicated that representations had been received. The Acting Director of Environmental Services reported that the applicant had, in light of representations, suggested that the size of his lease site should be reduced. It was, nevertheless, considered that harm to navigation would still occur and the Acting Director of Environmental Services did not alter his recommendation on the application. It was agreed to recommend that the Acting Director of Environmental Services be authorised to give an unfavourable view to the Crown Estate Commission in relation to the application for a marine mussel farm at a site which lay at the western mouth of the Sound of Scalpay and between Bun na Caol and the mainland and Geo an Aiseaig, on Scalpay, for the reasons detailed in the Report.
Marine Shellfish Farm at Locheynort, South Uist DS08.02	251*	The Acting Director of Environmental Services submitted a Report concerning an application for a shellfish farm at Ard Buidhe, Locheynort, South Uist. The Report gave background information, commented on the application and indicated that representations had been received. The Report further referred to a meeting held on 12 November 1999 between Locheynort residents and those who used the loch, with the aim of reaching an agreement about the working of the loch. It was further indicated that it was appropriate for a Crown Estate lease application to be determined on its individual merits without prejudice to views on or on the outcome of a Several Order application and it was further stated in the Report that the Acting Director of Environmental Services took the view that it would be appropriate, in this particular application, to submit a favourable view to the Crown Estate, supplemented by a separate submission in respect of the Several Order to the Scottish Executive.
		It was recommended in the Report that: (1) the Comhairle give a qualified favourable view to the Crown Estate to the amended proposals for a shellfish farm at Ard Buidhe, Locheynort, subject to satisfactory marking to ensure navigational safety and dark colouring of any surface equipment, other that buoys; (2) in response to any official Notice by the Scottish Executive Rural Affairs Department regarding the application for a Several Order, the Acting Director of Environmental Services be authorised to submit a view consistent with the conclusions reached following consideration of the outcome of the meeting of local interests on 12 November 1999; and (3) the Scottish Executive Rural Affairs Department be advised that the Comhairle considered that it should be consulted formally regarding any applications for Several Orders within the waters around the Western Isles. Mr Ronald Mackinnon, seconded by Mr James L Macarthur, moved that the Comhairle give an unfavourable view to the Crown Estate on the proposals for a shellfish farm at Ard Buidhe, Locheynort, as detailed in the Report by the Acting Director of Environmental Services for the following reasons: (1) the proposed lease would result in the establishment of a shellfish farm, 350 metres from an existing shellfish farm, which would be well within the indicative separation standard of 1.5kms (1,500 metres), published by the Scottish Executive Rural Affairs Department in its "Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters" issued in November 1999; and
		(2) the proposed lease area is very close to the narrows that link Upper to Lower Loch Eynort, and the longlines and other equipment proposed to be installed, could cause hazards to local fishing boats and other vessels seeking to navigate the narrows or gain access to the anchorage adjacent to the proposed lease site; and (3) approval of recommendation (2) and (3) as detailed in the Report by the Acting Director of Environmental Services. The Chairman, seconded by the Vice-Chairman, moved, as an amendment, approval of the recommendation detailed in the Report. On the matter being put to the vote, the Motion received the majority of votes cast and it was agreed to recommend accordingly.
Conservation Areas at Ruishgarry, Berneray and Howmore, South Uist DS61.01	252*	CONSERVATION The Acting Director of Environmental Services submitted a Report concerning proposals to designate Conservation Areas at Ruishgarry, Berneray and Howmore, South Uist. It was indicated in the Report that the proposed designations were consistent with the proposals in the Uist and Benbecula Local Plan and that it was envisaged that Historic Scotland would consider giving the proposed Conservation Areas "outstanding" status, which would allow for the establishment of a Town Scheme which could provide financial assistance for restoration and preservation works. It was stated in the Report that, in the event of any objections being made to the proposed designations, a further Report on this matter would be submitted to a future meeting of the Development Services Committee.
		It was agreed to recommend that: (1) the designations of Conservation Areas at Ruishgarry, Berneray and Howmore, South Uist, be approved, subject to there being no unresolved objections following the publication and circulation of designation notices by the Acting Director of Environmental Services; and (2) the acting Director of Environmental Services write to Historic Scotland to report the grant of "outstanding status" to the proposed Conservation Areas at Ruishgarry, Berneray, and Howmore, South Uist.
Thatched Buildings Update DS21.23	253*	The Acting Director of Environmental Services submitted a Report appending a letter from Heritage Lottery Funding, which intimated that the application for grant under the Townscape Heritage Initiative for thatched buildings in the Western Isles, had been unsuccessful. It was further intimated in the Report that it was unlikely that bere barely grown in the Western Isles would be suitable for use as thatching material as a result of the current approach taken to threshing barely in the Western Isles. It was agreed to note the Report and further recommend that a further application be made for Lottery Funding for the Thatched Building Project referred to in the Report by the Acting Director of Environmental Services.
Review of the North Rona and Sula Sgeir National Nature Reserve DS61.02.02	254*	The Acting Chief Executive submitted a Report inviting Members' views on a review of the National Nature Reserve Designation for North Rona and Sula Sgeir by Scottish Natural Heritage. Details of the new policy for National Nature Reserves under the Review of National Nature Reserves being undertaken by Scottish Natural Heritage were outlined in the Report and it was further indicated that the designation of National Nature Reserves could be of benefit to the local economy as a result of increases in "eco-tourism".
		It was recommended in the Report that the Comhairle: (1) welcome the newly defined role for National Nature Reserves in Scotland; (2) support the continued designation of North Rona and Sula Sgier Natural Nature Reserve; and (3) authorise the Acting Chief Executive to indicate to Scottish Natural Heritage that the Comhairle would support any locally based eco-tourism initiatives associated with these Islands. It was agreed to recommend approval of recommendation (1) and (2) above and that recommendation 3 be not approved.
Proposed Nature Conservation Designations in North Uist, Berneray and Boreray DS61.01	255*	The Acting Chief Executive submitted a Report concerning proposals by Scottish Natural Heritage that the North Uist machair and Islands be designated as special protection areas for birds and as a wetland of international importance, or ramsar site. It was indicated in the Report that, to meet the conditions for a Special Protection Area and Ramsar Site Designation, areas first had to be designated as Sites of Special Scientific Interest (SSSIs) and it was intimated that, whilst Baleshare and Kirkibost, Valay and Pabay were existing SSSIs, it was proposed to designate SSSIs on Berneray and Boraray. It was further stated that the Comhairle had been requested to advise Scottish Natural Heritage of any extant planning permissions and analogous consents for the areas under consideration as being designated as Special Protection Areas or Ramsar Sites and that the Director of Environmental Services was investigating the existence of such permissions. It was emphasised in the Report that the proposed designations should, in no way, deter the continuation of good land management practices as represented by traditional crofting.
		It was agreed to recommend that: (1) the Acting Chief Executive be authorised to inform SNH that the Comhairle raised no objections to the proposals to designate the areas referred to in the Report as Sites of Special Scientific Interest, Special Protection Areas and Ramsar Sites; and (2) the Acting Director of Environmental Services be authorised to advise Scottish Natural Heritage of any extant planning permissions and analogous consents which may affect the proposed Special Projection Areas and Ramsar sites referred to in the Report by the Acting Chief Executive.
Alter and Extend Garage, Lower Barvas DS22.01	256	The Acting Director of Environmental Services submitted a Report concerning an application for building warrant for alterations and extensions to a garage at Lower Barvas. It was intimated in the Report that, as the application had been received from Mr John Matheson, 39 Borve, Isle of Lewis, on behalf of Galson Motors Limited, Lower Barvas, the matter could not be determined in accordance with the Scheme of Delegation as Mr Iain Morrison, Member for the Barvas Ward, was a Director of Galson Motors Limited. It was indicated in the Report that the proposals submitted complied with the Building Standards Regulations.
		It was agreed that the Acting Director of Environmental Services be authorised to issue a building warrant for alterations and extensions to the garage at Galson Motors, 1 Lower Barvas, Isle of Lewis.
Alterations to House at 12 Melbost, Stornoway DS22.01	257	The Acting Director of Environmental Services submitted a Report concerning an application for building warrant for alterations to the house 12 Melbost, Stornoway, Isle of Lewis. It was indicated in the Report that the application had been submitted by Mr Kenneth Macleod who was a brother-in-law of Mr Alex John Macleod, Assistant Director of Environmental Services, with the consequence that the matter could not be dealt with in accordance with the Scheme of Delegation. It was intimated in the Report that the proposals submitted applied with the Building Standards Regulations and would otherwise have been approved.
		It was agreed that the Acting Director of Environmental Services be authorised to issue a building warrant in respect of alterations to the house at 12 Melbost, Stornoway.
		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(a), that the following item be considered as a matter of urgency in order to allow the Committee to take a view on the matter prior to the next meeting of the Comhairle.
Erect Fish Packing/ Processing Factory at Former Ferry Slipway, Scalpay DS22.01	258	The Acting Director of Environmental Services submitted a Report concerning an application for building warrant for the erection of a fish packing/processing factory at the former ferry slipway, Scalpay. It was indicated in the Report that the application was being presented to the Committee for determination as the applicant's agent, Mr Philip McLean, was the Member for the Plasterfield Ward, with the consequence that the application could not be dealt with in accordance with the Scheme of Delegation. It was indicated in the Report that the proposals, as submitted, were being checked for compliance with the Building Standards Regulations, which involved detailed discussions taking place between officers of the Comhairle and the applicant's agent.
		It was agreed that: (1) in light of the circumstances detailed in the Report, building warrant approval be delegated to the Acting Director of Environmental Services; and (2) the building warrant be approved upon satisfactory resolution of the outstanding building control matters.
Revisions to An Lantair, Arts Centre, Stornoway: Application for Reserved Matters DS21.01	259*	PLANNING APPLICATIONS The Acting Director of Environmental Services submitted a Report concerning an application for Revised Reserved Matters for An Lantair Arts Centre, on the Louise Carnegie Car Park, Stornoway. It was indicated in the Report that the application had been presented to the Committee for consideration as the Arts Centre was a major project in Stornoway. The Report gave background information and commented on the application. It was indicated in the Report that the application, as submitted, was within the terms of the relevant consent and that the revised details reduced the overall impact of the building and resulted in a more acceptable townscape.
		It was agreed to recommend that, subject to there being no unresolved representations on relevant planning grounds and no adverse consultation responses that were not considered at the time of the 1997 approval, authority be delegated to the Acting Director of Environmental Services, in conjunction with the Chairman and the Director of Corporate Services to issue an approval of reserved matters subject to appropriate planning conditions.
Alter and Extend Garage, Lower Barvas DS21.01	260	The Acting Director of Environmental Services submitted a Report concerning an application for alterations and extending a garage at Galson Motors Limited, 1 Lower Barvas. It was indicated in the Report that the matter had been referred to the Committee for determination as Iain Morrison, Member for the Barvas Ward, was a Director of Galson Motors Limited, with the consequence that the application could not be dealt with in accordance with the Scheme of Delegation. It was indicated in the Report that the proposals, as submitted, were in conformity with planning legislation.
		It was agreed that the Acting Director of Environmental Services be authorised to grant planning permission for the alterations and extension to the garage at Galson Motors Limited, 1 Lower Barvas, subject to the conditions detailed at Appendix 1 of the Report.
Erection of Boundary Walls and Fences at Stornoway Harbour: Application for Certificate of Lawfulness DS21.23	261*	The Acting Director of Environmental Services submitted a Report concerning an application for Certificate of Lawfulness for the proposed development of walls and railings around Stornoway Harbour. It was indicated in the Report that the matter was presented to the Committee for consideration as the application was directly relevant to the previously refused planning application and was therefore of a contentious nature. The Report gave background information and commented on the application. It was agreed to recommend that the Acting Director of Environmental Services be authorised to refuse, in part, and allow in part, the Certificate of Lawfulness for the proposed development of walls and railings around Stornoway Harbour, in the terms set out in Appendix 1 of the Report.
Additional Dishes, Eitshal, Achmore, Isle of Lewis DS21.01	262*	The Acting Director of Environmental Services submitted a Report concerning an application for planning permission for three additional dishes at Eitshal, Achmore. The Report gave background information, commented on the application and indicated that representations had been received.
		It was recommended in the Report that the Acting Director of Environmental Services be authorised to grant planning permission for three additional dishes at Eitshal, Achmore.
		It was agreed to recommend that consideration of the above matter be deferred and that representations be made to the Scottish Executive to issue definitive guidance on the installation and erection of telecommunications masts, particularly those matters relating to public health concerns associated with telecommunications masts.
Sewage Treatment Scheme at Lionacleit, Benbecula DS21.01	263*	The Acting Director of Environmental Services submitted a Report giving information on the progress made in relation to proposals to resite the treatment plant for the Sewage Treatment Scheme at Lionacleit, Benbecula. The Report gave background information to the application. The Principal Planning Officer referred to meetings held between local residents and the North of Scotland Water Authority which had been chaired by Mrs Mary Bremner, Member for the Eochdar Ward and recommended that planning permission for a septic tank and reed beds on the site approved by the Emergency Powers Committee on 10 August 1999 be approved, subject to the Comhairle's Scheme of Delegation.
		It was agreed to recommend that the Acting Director of Environmental Services be authorised to grant planning permission for the siting of the septic tank and reed beds on the same site approved by the Emergency Powers Committee on 10 August 1999, subject to the Comhairle's Scheme of Delegation.
Storage of Materials at Loch na Clacha Mora, Daliburgh DS21.23	264*	The Acting Director of Environmental Services submitted a Report concerning an application for a Certificate of Lawfulness of existing use for the storage of materials, portable buildings and caravans at Loch na Clacha Mora, Daliburgh. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Acting Director of Environmental Services be authorised to refuse a Certificate of Lawfulness of existing use for the storage of materials, portable buildings and caravans at Loch na Clacha Mora, Daliburgh, for the reasons detailed in Appendix 1 of 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 that exempt information relating to the financial or business affairs of any particular person (other than the Comhairle), would be disclosed.
Townscheme Grants DS21.07.75	265*	The Acting Director of Environmental Services submitted a Report outlining proposals to recover a proportion of grant monies in cases where conditions attached to Townscheme Grants had been broken. Details of the existing conditions relating to the Townscheme Grant Scheme were given in the Report and it was intimated that, at present, the Acting Director of Environmental Services did not have authority to reclaim appropriate proportion of grant where conditions had been broken.
		It was agreed to recommend that where a grantee broke the conditions imposed on a Townscheme Grant, the Acting Director of Environmental Services be authorised to recover, from the grantee, a proportion of the grant pro rata to the amount of time left to expire on the three year time limit, on the basis of the number of full years remaining.
Reports Outstanding PR33.01.12	266	PERFORMANCE REVIEW The Director of Corporate Services submitted a Report detailing Reports Outstanding arising from decisions of the Committee since 1 May 1994. It was agreed to note the Report.
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