DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 19 November 1997 at 2.00 pm

PRESENT	Norman L Macdonald (Chairman)
	Mr Donald Maclean (Vice-Chairman)	Mr Donald M Mackay
	Mr Roderick Morrison	Mr Kenneth Mackay
	Mr Alexander A Macdonald	Mr Norman Macdonald
	Mr Angus M Graham	Capt Roderick Mackinnon
	Mr Callum I Macmillan	Mr Allan F Macleod
APOLOGIES	Mr Frank S Burns	Mrs Mary Bremner

		MINUTES
Development Services DS09.01	224	The Minute of Meeting of 21 October 1997 was approved.
Ludag Breakwater Sub-Committee DS09.01	225	The Minute of Meeting of the Ludag Breakwater Sub-Committee of 29 September 1997 was noted.
Development Services Sub-Committee DS09.02	226	The Minute of Meeting of the Development Services Sub-Committee of 1 October 1997 was noted.
Crofting Joint Consultative Committee DS09.05	227*	The Minute of Meeting of the Crofting Joint Consultative Committee of 13 November 1997 was noted and the recommendations contained therein recommended for approval on the basis that the Chief Executive would submit his Report on Absenteeism, considered by the Crofting Joint Consultative Committee at its meeting on 13 November 1997, to the Committee, together with the comments of Grazings Committees, the Scottish Crofters Union and Community Councils, on Absenteeism and the level of demand for crofts in each area, prior to the Council adopting a policy position on this matter.
		It was further agreed to recommend that:
		(1) the Director of Administration and Legal Services be authorised to invite a representative of the Scotch Quality Beef and Lamb Association to the next meeting of the Committee;
		(2) the Chief Executive be authorised to make representations to the Scotch Quality Beef and Lamb Association seeking membership of the Association on a Western Isles basis; and
		(3) the Chief Executive be authorised to make representations to Lord Sewel, Minister for Agriculture, the Environment and Fisheries, on the Crofters Building Grants and Loan Scheme (CBGLS), seeking a change in the eligibility criteria applied to applicants for assistance under the Scheme, particularly those living in Council houses.
Fisheries Joint Consultative Committee DS09.04	228*	The Minute of Meeting of the Fisheries Joint Consultative Committee of 14 November 1997 was noted and the recommendations contained therein recommended for approval on the basis that:
		(1) Community Councils be invited to submit their views on the draft Constitution for Fisheries Piers Users Groups, which would be prepared by the Director of Technical Services, in consultation with the Director of Administration and Legal Services;
		(2) the Constitution of the Fisheries Piers Users Groups would be drafted with sufficient flexibility so as to allow Users Groups, or Community Councils, to manage piers, on the basis outlined in the Report by the Director of Technical Services; and
		(3) Miavaig Pier be included in the list of Piers at which it is proposed to establish Fisheries Piers Users Groups.
		FINANCE
Second Quarter Forecast Out-turn PR110.08.13	229	With reference to Item 168 of the Minute of Meeting of 20 August, 1997, the Chief Executive, Director of Environmental Services and Director of Technical Services submitted Reports setting out the pattern of actual expenditure as against budgeted expenditure for the current financial year. The overall picture presented by these Reports indicated that expenditure, in general, was on target. It was agreed to note the Report.
1997/98 Capital Monitoring Non-Housing Revenue Account PR110.01.04	230*	With reference to Item 169 of the Minute of Meeting of 20 August 1997, the Director of Finance submitted a Report informing the Committee of progress on the Capital Programme 1997/98 and seeking decisions to address overspends, slippage, savings and possible extra expenditure. The Report indicated the Forecast Out-turn for 1997/98 in the sum of £118,000 below Capital Consent. Slippage into 1998/99 of £294,000 masked a projected net overspend of £134,000, mainly as a result of a reduced estimate for an Objective 1 Grant. It was agreed, insofar as the Committee's interest was concerned, to recommend: (1) approval of the Forecast Out-Turn, detailed in the Report by the Director of Finance, as the revised Programme of Capital Expenditure for the Non-Housing Revenue Account for 1997/98, on the basis that this would involve higher expenditure on Grianan Pool and various road schemes than previously approved; and (2) approval of the following Capital Expenditure Projects for 1997/98:
		(a) New Refuse Vehicle for DSO - £130,000 (b) Play Area Upgrade - Cearns - £25,000 (c) Residential Centre for Adults with Learning Disabilities - as a reserve if the bid for housing partnership funding is unsuccessful - £75,000 (d) Upgrading of the Council wide area technology network £35,000
Growth and Savings Proposals for the 1998/99 Budget PR110.03.24	231*	The Director of Finance submitted a Report to ascertain the views of the Committee as to possible changes required to Budgets in order that they would meet the approved Cash Planning Limits and seeking authority to use savings generated in 1997/98 to enhance Cash Planning Limits in 1998/99. Detailed Reports from Heads of Services were appended to the Director of Finance's Report. The Reports listed savings proposed to meet the approved Cash Planning Limits, further possible savings equal to a further reduction in controllable budget of 1% and further growth proposed with savings recommended to meet the cost of the proposed Growth. The effect of the savings proposed in each case was described. It was agreed to recommend, insofar as the Committee's interest was concerned, approval of the net savings to meet the Cash Planning Limits, as detailed in the Report by the Director of Finance.
		BUILDINGS
Repairs and Maintenance (Revenue) Programme 1997/98: Quarterly Expenditure Report to 30 September 1997 DS41.01	232	The Director of Technical Services submitted a Report giving details of expenditure incurred on the Repair and Maintenance of properties held on the Development Services Account during the period 1 April 1997 - 30 September 1997. It was indicated in the Report that £14,943.57 (82%) of the Repairs and Maintenance Budget for Development Services properties had been spent or committed as at 30 September 1997. It was agreed to note the Report.
		ECONOMIC DEVELOPMENT
The Western Isles Objective 1 Group - Regional Strategy 1997-2006 and the Western Isles Council Structure Plan DS20.03.01	233*	The Chief Executive submitted a Report indicating that the Western Isles Objective 1 Group had commissioned EKOS Limited, Economic Consultants, to prepare a strategy document for the Western Isles for the period 1997-2006. The Report commented on the Strategy Document prepared by EKOS Limited, which had as its main aim the maintenance and, if possible, increase in the population of the Western Isles, with the following four underlying themes included in the Strategy: (1) the exploitation of existing assets;
		(2) the development of key centres;
		(3) the involvement of the private and public sector; and
		(4) the maximisation of external funding.
		The Report referred to the statutory duty placed on the Council, in terms of the Town and Country Planning legislation, to prepare a Structure Plan for the Western Isles and intimated that Guidance from the Government stated that Structure Plans should provide:
		(1) a framework for the promotion of development and regeneration through private and public sector investment;
		(2) a strategic approach to conserving and enhancing the quality of the natural and built environment;
		(3) the basis for decisions on planning applications and appeals which individually or cumulatively raised issues of more than local significance; and
		(4) the context for local plans.
		The Report emphasised the congruence between the analysis contained within the Report by EKOS Limited and the Structure Plan and referred to the need for the Structure Plan to incorporate relevant points contained in the Report by EKOS Limited, in order to ensure compatibility between the documents. In particular, it was suggested that the Council should be given primary responsibility for Tourism and a supporting role to Western Isles Enterprise in relation to "Niche Manufacturing".
		It was agreed to recommend that:
		(1) the Council endorse the strategy contained in the Western Isles Regional Strategy Document for 1997-2006 prepared by EKOS Limited and that this strategy be incorporated into the Structure Plan; and
		(2) it be delegated to the Chief Executive to reach an agreement with the Western Isles Objective 1 Group on the points detailed at paragraph 6.1 - 6.5 of the Report.
Ness Community Council Development Group DS40.11.01	234*	The Chief Executive submitted a Report indicating that a request had been received from the Ness Community Council Development Working Group for assistance in relation to the establishment of a Development Company/Trust and the progression of a portfolio of projects. The Report gave background information to the request and indicated that the "Ness Development Centre", had been established in the Ness Community Hall. The Report referred to the use made of information technology by the Working Group and also further referred to the other community initiatives established within the Western Isles. It was suggested that it would be appropriate for a small group of Members and Officers of the Council to meet the Community Council Development Working Group and further suggested that the offer of assistance from an Officer within the Chief Executive's Office (Forward Planning and Economic Development) for one day a week could go some way towards providing the professional help necessary to support the Working Group.
		It was agreed to recommend that the Council establish a small Working Group comprising, the Chairman, Mrs Katie M Mackenzie, Member for the Port of Ness Ward and Mr Donald A Mackay, Member for the Dell Ward and Officers nominated by the Chief Executive, to meet the Ness Community Council Development Working Group to discuss how best to progress the Ness Community Development Initiative.
Western Isles Tourist Board - Application for Annual Grant DS02.07 DS40.08	235*	With reference to Item 227 of the Minute of Meeting of 20 November 1996, the Chief Executive submitted a Report concerning an application for financial assistance from the Western Isles Tourist Board. The Report gave background information in relation to the application and indicated that the Tourist Board had asked for an increase in its funding from the Council in order that it could attract additional income from the Scottish Tourist Board. The Report referred to the importance of the tourism industry to the economy of the Western Isles and indicated that it had been estimated that the Tourism Sector generated about £12m per annum and the equivalent of one thousand full-time jobs.
		It was further suggested that a more structured relationship be established between the Tourist Board and the Council and that this could best be done in the form of a Minute of Agreement which would, inter alia, give an assessment of the benefits obtained by the Council in relation to its contribution to the Tourist Board on an annual basis.
		It was agreed to recommend that: (1) the Chief Executive be authorised to ensure that consideration be given to including £82,875 in the Revenue Estimates for 1998/99 as the Council's contribution to the core activities of the Western Isles Tourist Board; and (2) the Council enter into a Minute of Agreement with the Western Isles Tourist Board and that the terms of this Minute of Agreement be to the satisfaction of the Director of Administration and Legal Services and the Director of Finance, on the basis that the Agreement would come into force during the 1998/99 Financial Year.
Rural Lewis Local Plan DS24.05	236*	The Chief Executive submitted a Report appending the Consultative Draft Rural Lewis Local Plan which had been prepared following wide preliminary consultation. The Report emphasised that the publication of the Consultative Draft should not be seen as the Council's final position on the Local Plan and that it was proposed to hold a series of meetings throughout Rural Lewis to encourage the maximum public involvement in the Local Plan process.
		It was agreed to recommend that: (1) the Consultative Draft Rural Lewis Local Plan be approved, subject to the inclusion in the Draft Plan of any amendments made by the Council and that it be delegated to the Chief Executive to make any minor textual amendments to the Plan following its approval by the Council; (2) the Chief Executive be authorised to undertake a public consultation exercise in relation to the Consultative Draft Rural Lewis Local Plan during an eight week period commencing on Monday 12 January 1998 and ending on Monday 9 March 1998; and
		(3) the Consultative Draft Rural Lewis Local Plan be used for Development Control purposes within the Local Plan area.
Broadbay Local Plan Consultation Exercise DS24.03	237*	The Chief Executive submitted a Report outlining progress made in respect of the preparation of the Broadbay Local Plan. It was stated in the Report that the Finalised Broadbay Local Plan had been published for the purpose of public consultation in July 1997 and that responses had been received from 50 objectors, details of which were appended to the Report. It was suggested that it would be appropriate for Officers of the Council to be authorised to enter into negotiation with individual objectors and attempt to overcome and resolve objections, on the basis that Members would be informed of negotiations involving sites within their own wards and with the aim of completing all negotiations by January 1998. The Report referred to the statutory duty on the Council to produce a summary list of the matters that were the subject of objection and that this statement should also include a statement of the Council's initial response to each representation. It was further suggested that the Chief Executive, in consultation with the Broadbay Member/Officer Working Group, be given delegated powers to prepare this Statement. It was noted that, in terms of the Code of Practice for Local Plan Inquiries prepared by the Scottish Office Development Department, an initial indication had been given to the Inquiry Reporters Unit that it may be necessary to hold an Inquiry into various matters in the Local Plan.
		It was agreed to recommend that:
		(1) the Chief Executive be given delegated powers to provide a Statement of the Council's initial response to each representation received in respect of the Broadbay Local Plan, on the basis detailed at paragraph 5.4 of the Report;
		(2) the Chief Executive be given delegated powers to commence negotiations with a view to resolving objections that had been received as a result of the Consultation Exercise on the Finalised Broadbay Local Plan; and
		(3) the Chief Executive be requested to prepare a Report for submission to a future meeting of the Committee, detailing the result of the negotiations, on the basis that this Report would detail those objections which were not possible to overcome and that were likely to be the subject of a Public Local Inquiry.
		CROFTING
Crofting Development Policy DS40.02	238*	With reference to Item 13 of the Minute of Meeting of the Crofting Joint Consultative Committee of 13 November 1997, the Chief Executive submitted a Report appending the draft Crofting Development Policy Document. It was indicated in the Report that it was proposed, following approval of the Draft Crofting Development Policy Document, to undertake a series of consultation meetings seeking further views on the document.
		It was agreed to recommend that the Council should approve the Draft Crofting Development Policy Document for consultation and that it be delegated to the Chief Executive to make any minor textual amendments to the Policy Document following its approval by the Council.
		FISHERIES AND FISHERY PIERS
Tender Monitoring DS65.02.01	239	The Director of Technical Services submitted a Report detailing the tender amounts, actual costs to October 1997 and projected final costs of those Fishery Pier schemes, tender prices for which were in excess of £75,000. It was agreed to note the Report.
Programme and Progress T07.02	240	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.
Fishery Piers Users Groups DS40.04.43	241*	With reference to Item 13 of the Minute of Meeting of the Fisheries Joint Consultative Committee of 14 November 1997, the Director of Technical Services submitted a Report concerning proposals to establish Fishery Piers Users Groups at the following piers:
		Skigersta Brevig Carloway Kirkibost Stockinish West Loch Tarbert Scalpay Leverburgh Berneray Griminish Kallin Petersport Lochboisdale Ludag Acarsaid
		The Report indicated that the establishment of Fishery Piers Users Groups would deliver a more efficient management system at fishery piers to the benefit of both the Council and the User by early identification of deficiencies in structural and operational matters. It was suggested that the introduction of Users Groups would, as well as generating additional income for the Council, help to stop the illegal use of piers and would also have a positive impact on Health and Safety and Environmental matters associated with Fishery Piers.
		Details of the grant-aid required to establish Fishery Piers Users Groups were outlined in the Report and it was anticipated that the sum of £9,600 would be required in the 1998/99 Financial Year, with the grant payable to each group being dependent on whether there were toilet facilities at a pier. It was also suggested that Fishery Piers Users Groups could assume responsibility for managing or providing fuel at Fishery Piers where there was single communal storage tanks.
		It was recommended in the Report that the Director of Technical Services, in consultation with the Director of Administration and Legal Services, be authorised to formally constitute Fishery Piers Users Groups at the locations detailed in the Report.
		It was agreed to recommend that: (1) consideration of the matter be deferred pending the issue of the Draft Constitution for the proposed Fishery Piers Users Groups, on the basis that Community Councils be invited to submit their views on the Draft Constitution for the proposed Users Groups, which would be prepared by the Director of Technical Services, in consultation with the Director of Administration and Legal Services and subject to the Constitution of the Fishery Piers Users Groups being drafted with sufficient flexibility so as to allow Users Groups, or Community Councils, to manage Fishery Piers, on the basis outlined by the Director of Technical Services; and
		(2) Miavaig Pier be included in the list of Piers at which it was proposed to establish Fishery Piers Users Groups.
Transportation and Fishery Piers Dues for 1998/99 T07.08.02	242*	With reference to item 123 of the Minute of Meeting of the Transportation Committee of 19 November 1997, 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 Council's area. Appended to the Report were details of the proposed rates and dues for Council Piers and Harbours which, it was proposed to apply, from 1 April 1998.
		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 Council's various piers and harbours with effect from 1 April 1998, with further reviews being presented for approval annually.
		It was agreed that, in accordance with the provisions of Schedules of 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) and (l) namely that exempt information relating to: (a) the financial or business affairs of any particular person, other than the Council; and (b) any instructions to Counsel and any opinion of Counsel, whether or not in connection with any proceedings, and any advice received, information obtained or action to be taken in connection with: (i) any legal proceedings by or against the Council; or (ii) the determination of any matter affecting the Council (whether, in either case, proceedings were being contemplated, or were in contemplation); would be disclosed.
Brevig Harbour T07.02.22 L06.544	243	With reference to Item 214 of the Minute of Meeting of 1 October 1997, the Director of Technical Services submitted a Report providing information on the situation at Brevig Harbour.
		It was agreed to recommend that:
		(1) the Report by the Director of Technical Services be noted; and
		(2) the Director of Technical Services be authorised to implement such temporary measures as were considered necessary by the Harbour Master to adequately warn users of the harbour of the "pinnacle" of rock, at the entrance to the harbour, on the basis that the implementation of such temporary measures did not prejudice the legal rights of action of the Council against any party.
		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 Council, under delegated powers, in light of the need to have the matter dealt with prior to the next meeting of the Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.
		BUILDING CONTROL
		The Chairman declared an interest in the following 2 items and left the meeting during consideration of the items.
Demolish Mitchell's Garage, Stornoway DS22.01	244	The Director of Environmental Services submitted a Report concerning an application for Demolition Warrant from Mr Norman L Macdonald, per John Fyfe Limited, 41 Westview Terrace, Stornoway for the demolition of Mitchell's Garage, Bayhead Street, Stornoway. It was indicated in the Report that the operations involved in the demolition would be conducted in accordance with the Building Operations (Scotland) Regulations 1975.
		It was agreed that the Director of Environmental Services be authorised to issue a Demolition Warrant in respect of the demolition of Mitchell's Garage, Bayhead Street, Stornoway.

		PLANNING APPLICATIONS
Erect Shop at Filling Station, Sandwick Road, Stornoway DS21.01	245*	The Director of Environmental Services submitted a Report concerning an application for planning permission for the construction of a new shop associated with the filling station at Sandwick Road, Stornoway, to replace the existing temporary units on the site. The Report gave background information and indicated that the applicant was unwilling to amend the site access in accordance with the views of the Director of Technical Services. It was stated in the Report that the revised access arrangements, as required by the Director of Technical Services, were needed and that the recommendations in the Report included conditions on site access.
		It was agreed to recommend that the Director of Environmental Services be authorised to grant planning permission for the construction of a new shop, associated with the Filling Station, Sandwick Road, Stornoway, to replace the existing temporary units on the site, on the basis detailed in the Report and subject to the Council's Scheme of Delegation.
Activity Centre, Old Schoolhouse, Ardvourlie DS21.01	246	The Director of Environmental Services submitted a Report concerning an application for planning permission for the demolition of the existing building at Ardvourlie and the construction of a new out-door Activity Centre. The Report gave background information and commented on the application and indicated that representations had been received.
		It was agreed to recommend that the Director of Environmental Services be authorised to grant planning permission for the demolition of the existing building at Ardvourlie and the construction of a new out-door Activity Centre at Ardvourlie, on the basis detailed in the Report and subject to the Council's Scheme of Delegation.
		The Committee unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation on behalf of the Council, under delegated powers, in light of the need to have the matter dealt with prior to the next meeting of the Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.
		RELATED MATTERS
Allotments, Garrabost: Change of Street Name DS40.01.01	247*	The Director of Environmental Services submitted a Report concerning proposals to change the name of the group of dwellings numbered "8-12 Allotments", Garrabost, to "8-12 Graham Avenue". The Report indicated that the request for the change of name was supported by the Bayble-Garrabost Community Association and the Point Community Council and referred to difficulties which had been experienced by the Fire Brigade in locating specific properties, on the basis of the numbering arrangements "8-12 Allotments". It was also suggested in the Report that it would be appropriate to amend the Scheme of Delegation to provide for the Director of Environmental Services to re-name existing named developments.
		It was agreed to recommend that:
		(1) the Director of Environmental Services be authorised to take the necessary steps to ensure that "8-12 Allotments", Garrabost be renamed "8-12 Graham Avenue"; and
		(2) the Director of Administration and Legal Services be authorised to amend the Scheme of Delegation, on the basis that the Director of Environmental Services would be given delegated powers: "To name and number new developments, or to re-name and re-number existing developments, in consultation with Local Member and the Local Community Council, except where the name in question involved a serving or former Member of the Council".
		PERFORMANCE REVIEW
Outstanding Action: Progress Report PR33.01.12	248	The Director of Administration and Legal Services submitted a Report detailing action outstanding arising from decisions of the Committee since 1 May 1994. It was agreed to note the Report.
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