DS9801

DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 28 January 1998 at 2.00 pm

PRESENT

Norman L Macdonald (Chairman)

Mr Donald Maclean (Vice-Chairman)

Mr Kenneth Mackay

Mr Roderick Morrison

Mr Norman Macdonald

Mr Alexander A Macdonald

Mr Colin Campbell

Mr Angus M Graham

Mrs Mary Bremner

Mr Frank S Burns

Capt Roderick Mackinnon

Mr Callum I Macmillan

Mr Allan F Macleod

Mr Donald M Mackay

MINUTES

Development Services

DS09.01

1

The Minute of Meeting of 19 November 1997 was approved.

Development Services Sub-Committee

DS09.02

2

The Minute of Meeting of the Development Services Sub-Committee of 14 January 1998 was noted and the recommendation contained therein recommended for approval.

CONSTITUTION

Appointment to LEADER Group

DS02.46

C01.11

3*

The Director of Administration and Legal Services submitted a Report inviting the Committee to consider the appointment of a Member of the Council to the LEADER Group following the resignation of Mr Callum I Macmillan from the Group.

It was agreed to recommend that the Comhairle appoint Mr Donald Maclean to the LEADER Group and that Mr Norman Macdonald be appointed as the substitute Member for the Group and that the Director of Administration and Legal Services be authorised to inform the LEADER Group of these appointments.

Iomairt Nis Ltd

DS02.47

C01.11

4*

The Chief Executive submitted a Report inviting the Committee to consider the appointment of a Director to the Board of Iomairt Nis Ltd. It was stated in the Report that Iomairt Nis Ltd was a Company limited by guarantee, whose proposed membership would include the Ness Community Council, the Ness Historical Society, Western Isles Enterprise, Lews Castle College and the Comhairle.

It was agreed to recommend that:

(1) the Comhairle become a member of Iomairt Nis Ltd;

(2) the Comhairle appoint Mrs Katie M Mackenzie to serve as a Director on the Board of Iomairt Nis Ltd and that Mr Donald A Mackay be appointed as a substitute Director and the Director of Administration and Legal Services be authorised to inform Iomairt Nis Ltd of the appointment.

The Chief Executive reported that an application for financial assistance had been submitted by Iomairt Nis Ltd in relation to start-up costs associated with the Company and recommended that a grant of £5,000 be made to Iomairt Nis Ltd for the purposes of meeting those costs associated with the establishment of the Company, including premises.

It was agreed to recommend that the Chief Executive be authorised to pay a grant of £5,000 to Iomairt Nis Ltd on the basis outlined by the Chief Executive, subject to the sum involved being met from existing provision within the Revenue Estimates for Development Services for 1997/98.

FINANCE

1997/98 Capital Monitoring: Non-HRA PR110.05

5*

The Director of Finance submitted a Report concerning the Programme of Capital Expenditure for the Council for 1997/98 for all services except the Housing Revenue Account. It was noted in the Report that a Forecast Out-turn for 1997/98 was £587,000 above capital consent plus revenue funding. Taking into account slippage into 1998/99 the net projected over spend was £462,000, mainly as a result of a reduced settlement of the European NPCI Grants and projected over spends for the Rueval Landfill and Ardveenish Pier Projects. It was stated that the forecast out-turn figure exceeded the allowable tolerance levels by £33,000 but could be managed by using extra allowances from balances in the current financial year with a corresponding reduction in the CFCR used in 1998/99.

It was agreed, insofar as the Committee's interest was concerned:

1. to recommend approval of the Forecast Out-turn detailed in the Report by the Director of Finance as the revised Capital Expenditure Programme for 1997/98; and

2. to note that the Forecast Out-turn involved considerably higher expenditure on the Rueval Landfill and Ardveenish Pier Projects.

AEF Announcement, Policy Framework and Budget Strategy 1998/99

PR110.03.24

6*

The Director of Finance submitted a Report regarding the final Aggregate External Finance (AEF) announcement and outlining a revised budget strategy for 1998/99. Details of the AEF Settlement were appended to the Report, together with changes in grant aided expenditure. Comments on the effect of the AEF settlement, the 1997/98 budgetary performance and movements in reserves, balances and the contingency fund were outlined in the Report. Policy issues arising which required to be addressed by the Council in the budgetary process were detailed in the Report.

It was agreed to recommend, insofar as the Committee's interest was concerned, that:

1. should the total underspend on transportation exceed the 2% carry forward as a result of underspending on Highways Winter Maintenance in 1997/98 then the carry forward to 1998/99 would be increased by the amount of underspend on Highways Winter Maintenance;

2. any underspending on WISBAS and WIFAS Schemes in 1997/98 should be permitted to be carried forward to 1998/99;

3. In setting the cash planning limits:

(a) the assumed level of pay increases in the Budget be 2.5%;

(b) the increased provision for employers' pension contributions be 1.4% of the current wages bill;

(c) the presumed level of inflation be 1.25%;

(d) the income for fees and charges set by the Comhairle be assumed to generate 5% more income;

(e) all new borrowing, whether it be short or long term, be assumed to be achieved at average rates of 7.5%;

(f) for the purposes of modelling the behaviour of DLO/DSO Employee Costs, they be vired from the running costs, to the employee costs column of the model in the relevant services thereby increasing their provision for inflation from 1.25% to 4.22%;

(g) the additional resources for Education be set at £527,000 and the Director of Education and Leisure Services be requested to produce a Report detailing how extra non-recurring expenditure of £649,000 be spent on the priorities determined by the Government;

(h) an additional £55,000 be included to match growth in the Police Specific Grant;

(i) as a planning provision, £25,000 be included for the anticipated additional Fire Board requisition;

(j) no further resources be made to Social Work as a result of on-going Care in the Community transfer;

(k) additional resources of £20,500 be included as growth in the Environmental Service Budget to implement the recommendations of the Pennington report and to improve present inspection coverage;

(l) £63,000 of growth be provided to the Social Work Committee to fund the revenue costs of a new Residential Facility for Adults with Learning Disabilities;

(m) £2500 growth be included in the Housing General Fund Cash Planning Limit to protect the Grant to Women's Aid;

(n) £2800 growth be included in the Parks and Open Spaces Cash Planning Limit for the provision of Christmas trees;

(o) the anticipated receipt for interest on revenue balances be increased from £400,000 to £800,000;

(p) growth of £7500 be included in the Housing General Fund Cash Planning Limit for Inter-fund Movements associated with staffing reductions; and

(q) £16,500 be included as growth towards additional SEPA licensing costs for refuse tips; and

4. the Budgetary Process outlined in the Report be adopted.

Draft Budget Book 1998/99

PR110.03.24

7*

The Director of Finance submitted the draft Budget Book for the Financial Year 1998/99 detailing the income and revenue expenditure budgeted for each of the Council's services in the financial year 1 April 1998 to 31 March 1999.

It was agreed to recommend approval of the draft Budget Book 1998/99, insofar as the Committee's interest was concerned, subject to such further amendments as would be approved by the Council.

Growth and Savings proposals for the 1998/99 Budget: Revised

PR110.03.25

8

The Director of Finance submitted a Report detailing revised growth and savings proposals for consideration as part of the 1998/99 budgetary process.

It was agreed to note the Growth Savings proposals for the 1998/99 budget as detailed in the Report by the Director of Finance, insofar as the Committee's interest was concerned.

The Chairman ruled 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 be informed of the latest position with regard to the Ardveenish Berthing Face Extension Contract.

Capital Programme 1998/99 to 2000/01

PR110.01.25

9*

The Director of Finance submitted a Report regarding the Capital Programme for the three years 1998/99 to 2000/01. The Report outlined the outcome of the Capital Expenditure Seminar. A proposed Capital Programme was appended to the Report, together with a statement showing the balance of Capital Resources available after taking account of known commitments for the three year period.

It was agreed to recommend, insofar as the Committee's interest was concerned, that:

(1) Heads of Service be authorised to implement the draft Capital Programme for 1998/99 as detailed in appendix A to the Report by the Director of Finance, which reflected the views of the Capital Seminar, adjusted for financial detail arising from the third quarter monitoring, subject to:

(a) £30,000 being transferred from the Contingency to meet expenditure associated with the provision of fuel supplies at Fishery Piers; and

(b) £25,000 being transferred from the Contingency to meet expenditure associated with the Leverburgh Waterfront Project.

(2) DSO Asset Replacement Programmes could be financed from the recycling of the asset rentals charged to the DSOs;

(3) approval of the Capital Programme for 1999/2000 based on the draft Programme shown in Appendix A;

(4) the draft Capital Programme for 2000/01 detailed in Appendix A be regarded as indicative proposals at this stage and subject to further consideration in 1999, except for those projects which carried a legal commitment into that year; and

(5) the Chief Executive be authorised to continue to negotiate with Western Isles Enterprise regarding matching funds for Capital Projects.

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 two items on the grounds defined in Standing Orders 26(h), (f) and (i), namely that exempt information relating to:

(a) the financial or business affairs of any particular person other than the Comhairle;

(b) the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services; and

(c) to any terms proposed or to be proposed by or to the Comhairle in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services

would be disclosed.

Back Old School Site: Demolition of Buildings

DS41.10.01

10*

The Chief Executive submitted a Report seeking homologation for his action in proceeding with the demolition of the former school, canteen and water tower at the Back Old School site. The Report gave background information concerning the structure of the building and it was indicated that both the Back Community Workshop Committee and Comunn Eachdraidh Sgire a'Bhac had been informed of the decision taken in relation to the future of the building.

It was agreed to recommend homologation of the action taken by the Chief Executive to:

(1) proceed with the demolition of the former school, canteen and water tower at the Back Old School site; and

(2) instruct the Director of Administration and Legal Services to accept a tender from Angus Mackay & Sons, Back for the demolition works.

Habost Factory, Ness

DS41.03.08

11*

The Chief Executive submitted a Report concerning a request from Comunn Eachdraidh Nis for an extension to their current lease of the Habost Factory, Ness. Details of the existing lease between the Comunn Eachdraidh and the Comhairle were given in the Report and it was indicated that following an inspection undertaken by the Director of Technical Services it had been determined that the Habost Factory required extensive repairs and maintenance works. The Report indicated that the Comunn Eachdraidh had established a wide range of archive material relating to the Ness district, as well as promoting an information technology course in conjunction with Lews Castle College. It was suggested in the Report that, in light of the preparation of a Business Plan by the Comunn Eachdraidh, it would be appropriate to continue to lease the Habost factory to them for a further period of one year with a further review to be carried out thereafter.

It was agreed to recommend that the Director of Administration and Legal Services be authorised to lease the Habost Factory, Ness to Comunn Eachdraidh Nis for a further period of one year with effect from 1 March 1998 on the same terms and conditions as the current lease, with a review on progress being undertaken thereafter.

ECONOMIC DEVELOPMENT

Atlantic Margin Oil Developments

DS40.09

12*

The Chief Executive submitted a Report outlining the present position with regard to oil developments in the Atlantic west of the Hebrides. It was stated that considerable economic activity would be generated within the Western Isles arising from oil related developments and in particular the Report referred to discussions held between the Western Isles Oil Group, on which the Comhairle was represented, and the major oil companies involved in exploration activity following the 17th Round of Oil Licensing. The Report identified a need to establish a Member/Officer Working Group to develop policies and strategies with a view to ensuring that benefits associated with oil related activity would be maximised within the Western Isles, particularly with regard to:

(1) Steel fabrication;

(2) the likely demand for serviced sites, on which companies could develop products and services associated with the Oil Industry;

(3) Oil transportation, including the possibility of a pipeline to the Western Isles; and

(4) Monitoring the environmental issues associated with oil development.

It was further stated in the Report that the oil spill plan was currently under review.

It was recommended in the Report that:

(1) the Comhairle reiterates its support for the oil industry which had the potential to contribute so much to the economy of the Western Isles and create opportunities for its skilled workforce;

(2) the Comhairle continue its membership of the Local Authority Standing Committee on Oil Fabrication, the Western Isles Oil Group and the Atlantic Frontier Environmental Forum;

(3) the Comhairle continue a dialogue with Lewis Off-Shore Limited to ensure understanding and agreement on issues affecting both parties;

(4) the Comhairle continue to work with other bodies and funders to ensure facilities are in place throughout the Western Isles when required by the Oil Industry, especially at Stornoway and Balivanich Airports and at Stornoway Harbour;

(5) the Comhairle establish an Oil Development Working Group of Members and Officers to develop policies and strategies to achieve the aim of maximising the benefits to the Community from this opportunity, in a way which is compatible with the Comhairle's other key tasks and which allows the development of the oil resource in a sustainable manner and as a first step the Comhairle should engage in fact finding from small communities who have already experienced similar developments, possibly in coastal Norway.

It was agreed to recommend approval of the recommendations detailed in the Report, on the basis that the Oil Development Member/Officer Working Group would comprise the following membership:

Chairman

Vice-Chairman

Mr Frank S Burns

Mr Alexander A Macdonald

Mr Norman Macdonald

Capt Roderick Mackinnon

and that Officer representation on the Group would be determined by the Chief Executive.

It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services would be disclosed.

Further Education in Uist

13*

The Chief Executive reported on preliminary discussions he had had with Western Isles Enterprise and other bodies concerning the Council's involvement in the Arnish Moor Business Park Project and the Further Education in the Uist Project. The Chief Executive stated that he believed it was possible that an arrangement could be reached whereby the funding package for the Arnish Moor Business Park Project could be adjusted in such a way as to enable the Project to proceed on the scale which had been approved by the Objective 1 Partnership in December 1997 and that the Council's projected contribution to that project could be adjusted to provide a source of capital funding of around £200,000 to the Further Education in the Uist Project, without impacting adversely on the Council's Capital Programmes.

After full consideration of this matter it was agreed that the Director of Finance be requested to submit a Report on the Arnish Moor Business Park Project to a Special Meeting of the Committee to be held at 6.30 pm on Monday 9 February 1998.

LIFE Project

DS63.10

14*

The Chief Executive submitted a Report informing Members of progress made in relation to the area sustainability strategy project. It was stated in the Report that the Project was being undertaken by a partnership grouping, including Highland Council, Scottish Natural Heritage, Highlands and Islands Enterprise, the Comhairle and various other bodies and had successfully gained funding under the LIFE 2 Programme. It was intimated that 3 pilot projects had been approved, one of which would be in North Uist and it was anticipated that work on these pilot projects would begin by April 1998.

It was agreed to recommend that:

(1) the Chief Executive be requested to submit regular progress Reports in relation to the area sustainability strategy project; and

(2) the Report be noted.

Southern Isles Amenity Trust

DS02.36

15

The Chief Executive submitted a Report appending the Southern Isles Amenity Trust Annual Report. The Report gave details of the activities of the Trust during the period 1992-97 and intimated that it had assisted in attracting approximately £2m for community projects in Uist and Barra. It was stated that the Council had contributed £6,000 per annum towards the administrative costs of the Trust since its establishment.

It was agreed to note the Report.

TOURISM

Western Isles Tourist Board Scheme: Proposed Amendment

DS40.08

16*

The Chief Executive submitted a Report appending a letter dated 8 January 1998 from the Scottish Office seeking the Council's views on a proposal to amend the Western Isles Tourist Board Scheme Order 1995, on the basis that the amendment would allow the Board to borrow money to acquire, hold and dispose securities and to guarantee obligations (arising out of loans or otherwise) incurred by any other person. It was stated in the Report that the effect of the amendment would be to make more explicit a power that was already contained within the existing Order.

It was agreed to recommend that the Chief Executive be authorised to inform the Secretary of State for Scotland that the Council supported the proposed amendment to the Western Isles Tourist Board Scheme Order 1995.

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 Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.

It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle or under any particular contract for the acquisition of property for the supply of goods or services would be disclosed.

Coastal Access Project: Progress

DS63.01

17*

The Chief Executive submitted a Report giving details of tenders submitted to undertake design services associated with the Coastal Access Project, which had, as its aim, the provision of facilities such as:

(1) Car parking;

(2) Access for the Disabled; and

(3) Picnic and Interpretation Facilities

at 23 Sensitive Beach and Machair areas throughout the Western Isles;

A map showing the 23 areas was appended to the Report.

The Report indicated that the budget for the Coastal Access Project, which was funded by:

(1) Comhairle nan Eilean Siar;

(2) Western Isles Enterprise;

(3) Scottish Natural Heritage; and

(4) European Objective 1 Grant

could accommodate the costs associated with undertaking design services for the Project and gave details of the tenders submitted.

It was agreed to recommend approval of the appointment of Philip Maclean Associates to provide technical support to the Coastal Access Project, on the basis detailed in the Report by the Chief Executive.

CROFTING

Scotch Quality Beef and Lamb Association

DS02.01

18*

The Principal Administrative Assistant reported that Mr Brian Simpson, Scotch Quality Beef and Lamb Association had been unable to attend the meeting for personal reasons.

It was agreed to recommend that an invitation be extended to Mr Brian Simpson, Scotch Quality Beef and Lamb Association to attend the next Meeting of the Crofting Joint Consultative Committee to discuss the work of the Association, particularly its Membership scheme.

FISHERIES AND FISHERY PIERS

Programme and Progress

T07.01

19

The Director of Technical Services submitted the Capital Works Programme and Progress Report in respect of Fishery Piers.

It was agreed to note the Programme and Progress Report in respect of Fishery Piers.

The Chairman ruled in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed in terms of Standing Order 8, that the following item be considered as a matter of urgency in order to allow the Committee to be informed of the latest position with regard to the Ardveenish Berthing Face Extension Contract.

It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the Meeting during consideration of the following item on grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services would be disclosed.

Ardveenish Pier

T07.03.11

20

With reference to Item 9 above, the Director of Technical Services submitted a Report giving details of and reasons for an increase in project costs for the works to extend the pier at Ardveenish, Isle of Barra.

It was agreed to note the Report.

Scalpay and Kyles Scalpay Ferry Slipways

T07.02.09

21*

The Director of Technical Services submitted a Report outlining proposals to transfer the Scalpay and Kyles Scalpay Ferry terminals from the Council's Register of Transportation piers to the register of Fishery Piers. It was indicated in the Report that, as the Scalpay Bridge was now open for public access, there was no longer a requirement to maintain the slipways which were primarily used for the Scalpay-Kyles Scalpay Ferry Service. The Report stated that the Kyles Scalpay slipway was used by fishing and fish farming vessels and that whilst the Scalpay slipway was not suitable for use by fishing and fish farming vessels, it could have a function for fishing vessel repair and maintenance. It was further indicated that, whilst the Council did not provide piers exclusively for recreational use, the Scalpay slipway, in the light of its construction and location could be used for recreational purposes.

It was agreed to recommend that the Director of Finance, in consultation with the Director of Technical Services be authorised to transfer the Scalpay and Kyles Scalpay Ferry Slipways from the Transportation Account to the Development Services Account at a valuation to be determined by the District Valuer.

Highlands and Islands Convention: Discussion Paper: "Prospects for Scottish Fishing Industry"

22*

The Chief Executive submitted a Report appending:

(1) a Discussion Paper prepared by the Scottish Office entitled "Prospects for the Scottish Fishing Industry" considered by the Highlands and Islands Convention at its Meeting in Orkney on 5 December 1997; and

(2) comments and suggested responses to the Scottish Office Discussion Paper.

DS40.04

The Discussion Paper prepared by the Scottish Office aimed to describe the workings of the current fisheries regime, the constraints this imposed on the industry and the opportunity for the development of more sustainable fisheries to support fishing communities around the Scottish coast. It was emphasised in the Discussion Paper that the Government was committed to sustainable development and that there was a need to define pragmatic ways of achieving this goal, in a manner which took account of the needs of different parts of Scotland within the broader United Kingdom and European Policy context.

The Report stated that Local Authorities had a legitimate interest in all aspects of fisheries impacting on their areas, but that in the event of them becoming actively involved in fisheries management it would most probably be in partnership with the Fishing Industry and other interested bodies. The Report set out suggested responses to the specific questions raised in the Scottish Office Discussion Paper.

It was agreed to recommend that it be delegated to the Chief Executive to respond to the Discussion Paper from the Scottish Office entitled "Prospects for the Scottish Fishing Industry", on the basis outlined in his Report, in consultation with the Chairman, taking into account any views submitted by Members of the Fisheries Joint Consultative Committee.

It was further agreed to recommend that the Council agree, in principle, to adopt the Highland Council's and the Shetland Islands Council's stance in relation to Regulating Orders, on the basis that a further Report be prepared by the Chief Executive concerning Several and Regulating Orders for submission to the next meeting of the Committee and the next Meeting of the Fisheries Joint Consultative Committee.

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 Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.

DEVELOPMENT CONTROL

Marine Fish Farming: Review of Planning Arrangements

DS20.17.01

23*

The Chief Executive submitted a Report appending a letter dated December 1997 from the Scottish Office entitled Marine Fish Farming - Review of Planning Arrangements which indicated that the Government had concluded that the regulatory function of approving the establishment of Marine Fish Farms, currently exercised on a non-statutory basis by the Crown Estate, should be transferred to Local Authorities. The Report outlined the short-term and long-term implications for the Comhairle associated with this transfer of function and indicated that if the Comhairle was to be given responsibility to call for Environmental Assessments there would have to be a clear understanding of the criteria and methodology to be used, which would involve a different technically more rigorous approach to assessing fish farming applications than utilised by the Council at the present time. It was further stated in the Report that it would be appropriate to explore the options for any interim arrangements to be put in place prior to new legislation being enacted, possibly after the establishment of the Scottish Parliament, with other Local Authorities with an interest in this matter through the Convention of Scottish Local Authorities.

It was agreed to recommend that:

(1) the Council welcome, in principle, the Government's proposals to grant planning powers over marine fish farming development to Local Authorities; and

(2) following consultation with other interested Local Authorities, through the Convention of Scottish Local Authorities, the Chief Executive be delegated to submit comments on the interim arrangements to apply pending the introduction of legislation to extend Local Authority Planning jurisdiction below the low water mark.

Model Planning Conditions

DS20.01

24*

The Director of Environmental Services submitted a Report appending revised Model Planning Conditions which were about to be used by him with a view to bringing about improved professionalism and consistency to the process of determining and enforcing planning applications and decisions relating to planning consents. The Report emphasised that poorly and inconsistently worded planning conditions had in the past, given rise to problems in securing satisfactory developments.

The Report also gave details of the Council's Enforcement Policy in relation to Development Control.

It was recommended in the Report that the Committee note the revised Model Planning Conditions, their dynamic nature, and the context of their proposed use.

It was agreed to recommend that a Member/Officer Working Group be established to consider the Model Planning Conditions consisting of the following Membership:

Chairman

Vice-Chairman

Mr Alexander A Macdonald

Mr Roderick J Murray

Mr Roderick Morrison

Officers of the Comhairle determined by the Chief Executive,

and that the Working Group submit a Report to the next Meeting of the Committee.

It was further agreed to recommend that the Director of Administration and Legal Services be authorised to provide training sessions for Members of the Council on planning matters, particularly taking account of the implications for Members associated with the Nolan, now known as the Neill Committee.

Extensions Etc to Hostel 47 Keith Street, Stornoway

DS21.01

25*

The Director of Environmental Services submitted a Report concerning an application for planning permission for the continuation of the use of 47 Keith Street, Stornoway as a back-packers hostel and proposals for a substantial 2 storey extension, to the rear of the existing hostel. The Report gave background information, 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 refuse planning permission for the continued use of 47 Keith Street as a back-packers hostel and for a substantial 2 storey extension to the rear of the existing hostel for the following reasons:

(1) by reasons of its scale and the consequent activity which would thereby be generated, the development proposed would be detrimental to the amenity of residents of the locality and would therefore be contrary to policies SRL4 and DC1 of the finalised Broadbay Local Plan;

(2) the limited access to the site of the extension is likely to give rise to an extended construction period, which would, in turn have an adverse effect upon the amenity of occupiers in property in the locality by reason of noise, visual intrusion and interference with traffic flow and would therefore be contrary to policy DC1 of the finalised Broadbay Local Plan.

Form Offices Etc at James Street, Stornoway

DS21.01

26*

The Chairman declared an interest in the following item and left the meeting.

The Director of Environmental Services submitted a Report concerning an application for Listed Building Consent for partial demolition of buildings at James Street, Stornoway and an application for planning permission for the conversion and extension of the main buildings which occupy the main corner site of James Street and Bells Road, Stornoway, to offices.

The Report gave background information commented on the application and indicated that representations had been received.

It was agreed to recommend that:

(1) the Director of Environmental Services be authorised to inform the Secretary of State of the Council's intention to grant Listed Building Consent for partial demolition of the building which occupies the corner site of James Street and Bells Road, Stornoway; and

(2) the Director of Environmental Services be authorised to grant planning permission for the conversion and extension of buildings which currently occupy the corner site of James Street and Bells Road, Stornoway, to form offices, on the basis detailed in the Report and subject to the Council's Scheme of Delegation.

New Fire Station, St Brendan Road, Castlebay

DS21.01

27*

The Director of Environmental Services submitted a Report concerning application for planning permission for a new Fire Station at St Brendan Road, Castlebay. The Report gave background information, commented on the application and indicated that representations had been received.

It was recommended in the Report that the Director of Environmental Services by authorised to grant planning permission for the construction of a new Fire Station at St Brendan Road, Castlebay.

It was agreed to recommend that a Site Visit Sub-Committee be established to determine the application for planning permission for a new Fire Station at St Brendan Road, Castlebay, Isle of Barra with the Sub-Committee comprising the following membership:

Chairman

Vice-Chairman

Mr David Blaney

Mr Allan F Macleod

Capt Roderick Mackinnon

on the basis that the Sub-Committee would visit the site, without hearing either the applicant or objectors, prior to determining the matter.

Review of Committee Business

PR33.01.02

28

With reference to Item 117 of the Minute of Meeting of 23 April 1997, the Director of Administration and Legal Services submitted a Report recording the decisions of the Development Services Committee from January 1996 to December 1997. Heads of Service responsible for implementing the decisions were listed, together with comments by the Heads of Service about progress with tasks identified in the Council's decisions.

It was agreed to note the Report.

Outstanding Action: Progress Report

PR33.01.02

29

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.

RELATED MATTERS

Balivanich Enhancement Project: Appointment of Consultants

DS60.03.01

30*

With reference to Item 212 of the Minute of Meeting of 1 October 1997, the Director of Environmental Services submitted a Report concerning the appointment of Consultants for the Balivanich Enhancement Project. It was indicated in the Report that tenders had been received from Consultants and were at present being considered by an Assessment Panel comprising:

Appropriate Officers of the Council appointed by the Chief Executive;

Mr Colin Campbell, Member for the Benbecula Ward;

Representatives of Western Isles Enterprise; Scottish Office Agriculture Environment and Fisheries Department, Benbecula Community Council; Western Isles Health Board and the Ministry of Defence.

It was agreed to recommend that the Consultancy Team, chosen by the Assessment Panel be appointed for the purpose of fulfilling the requirements of the Balivanich Enhancement Project Brief, on the basis that the name of the Consultancy would be reported to the Council at its Meeting on 10 February 1998.

Minch Tanker Traffic Consultation Document

PR11.20.05

31*

The Director of Technical Services submitted a Report advising Members of a Maritime Traffic Survey - Consultation Exercise which had been undertaken by the Marine Safety Agency. The traffic details for the Minch were carried out from 6 December 1995 to 5 February 1996 by the Coastguard ETV Porto Salvo.

It was agreed to recommend that the Director of Technical Services be authorised to respond to the invitation to comment as follows:

(1) To endorse the efforts of the marine Safety Agency to secure and promote the carriage of ship identification transponders;

(2) That the Marine Safety Agency promote mandatory purchase of GMDSS equipment with built in VHF/DSC transponder capability;

(3) To press for ETV presence in the Minches for the 1998/99 Winter months and to reiterate the Comhairle's desire to extend ETV presence throughout the year;

(4) The Government consider implementing a mandatory ship reporting system for the Minches in conjunction with the Dover Strait System to provide a better geographic view;

(5) The current recommended routes should become mandatory;

(6) That any ship transiting contrary to the recommended routing due to stress of weather, could do so by means of a Traffic Separation Scheme to the North West of Skye or with the aid of a Coastguard controlled remote radar station located either at the North West point of Skye or the North East coastline of Harris; and

(7) To endorse the Marine Safety Agency recommendation that future surveys be carried out which allow for clear identification of vessels with associated arrangements for more immediate report of rule breakers to the Marine Safety Agency.

_____

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

		MINUTES
Development Services DS09.01	1	The Minute of Meeting of 19 November 1997 was approved.
Development Services Sub-Committee DS09.02	2	The Minute of Meeting of the Development Services Sub-Committee of 14 January 1998 was noted and the recommendation contained therein recommended for approval.
		CONSTITUTION
Appointment to LEADER Group DS02.46 C01.11	3*	The Director of Administration and Legal Services submitted a Report inviting the Committee to consider the appointment of a Member of the Council to the LEADER Group following the resignation of Mr Callum I Macmillan from the Group.
		It was agreed to recommend that the Comhairle appoint Mr Donald Maclean to the LEADER Group and that Mr Norman Macdonald be appointed as the substitute Member for the Group and that the Director of Administration and Legal Services be authorised to inform the LEADER Group of these appointments.
Iomairt Nis Ltd DS02.47 C01.11	4*	The Chief Executive submitted a Report inviting the Committee to consider the appointment of a Director to the Board of Iomairt Nis Ltd. It was stated in the Report that Iomairt Nis Ltd was a Company limited by guarantee, whose proposed membership would include the Ness Community Council, the Ness Historical Society, Western Isles Enterprise, Lews Castle College and the Comhairle.
		It was agreed to recommend that: (1) the Comhairle become a member of Iomairt Nis Ltd; (2) the Comhairle appoint Mrs Katie M Mackenzie to serve as a Director on the Board of Iomairt Nis Ltd and that Mr Donald A Mackay be appointed as a substitute Director and the Director of Administration and Legal Services be authorised to inform Iomairt Nis Ltd of the appointment.
		The Chief Executive reported that an application for financial assistance had been submitted by Iomairt Nis Ltd in relation to start-up costs associated with the Company and recommended that a grant of £5,000 be made to Iomairt Nis Ltd for the purposes of meeting those costs associated with the establishment of the Company, including premises.
		It was agreed to recommend that the Chief Executive be authorised to pay a grant of £5,000 to Iomairt Nis Ltd on the basis outlined by the Chief Executive, subject to the sum involved being met from existing provision within the Revenue Estimates for Development Services for 1997/98.
		FINANCE
1997/98 Capital Monitoring: Non-HRA PR110.05	5*	The Director of Finance submitted a Report concerning the Programme of Capital Expenditure for the Council for 1997/98 for all services except the Housing Revenue Account. It was noted in the Report that a Forecast Out-turn for 1997/98 was £587,000 above capital consent plus revenue funding. Taking into account slippage into 1998/99 the net projected over spend was £462,000, mainly as a result of a reduced settlement of the European NPCI Grants and projected over spends for the Rueval Landfill and Ardveenish Pier Projects. It was stated that the forecast out-turn figure exceeded the allowable tolerance levels by £33,000 but could be managed by using extra allowances from balances in the current financial year with a corresponding reduction in the CFCR used in 1998/99.
		It was agreed, insofar as the Committee's interest was concerned:
		1. to recommend approval of the Forecast Out-turn detailed in the Report by the Director of Finance as the revised Capital Expenditure Programme for 1997/98; and
		2. to note that the Forecast Out-turn involved considerably higher expenditure on the Rueval Landfill and Ardveenish Pier Projects.
AEF Announcement, Policy Framework and Budget Strategy 1998/99 PR110.03.24	6*	The Director of Finance submitted a Report regarding the final Aggregate External Finance (AEF) announcement and outlining a revised budget strategy for 1998/99. Details of the AEF Settlement were appended to the Report, together with changes in grant aided expenditure. Comments on the effect of the AEF settlement, the 1997/98 budgetary performance and movements in reserves, balances and the contingency fund were outlined in the Report. Policy issues arising which required to be addressed by the Council in the budgetary process were detailed in the Report.
		It was agreed to recommend, insofar as the Committee's interest was concerned, that:

		1. should the total underspend on transportation exceed the 2% carry forward as a result of underspending on Highways Winter Maintenance in 1997/98 then the carry forward to 1998/99 would be increased by the amount of underspend on Highways Winter Maintenance;
		2. any underspending on WISBAS and WIFAS Schemes in 1997/98 should be permitted to be carried forward to 1998/99;
		3. In setting the cash planning limits:
		(a) the assumed level of pay increases in the Budget be 2.5%;
		(b) the increased provision for employers' pension contributions be 1.4% of the current wages bill;
		(c) the presumed level of inflation be 1.25%;
		(d) the income for fees and charges set by the Comhairle be assumed to generate 5% more income;
		(e) all new borrowing, whether it be short or long term, be assumed to be achieved at average rates of 7.5%;
		(f) for the purposes of modelling the behaviour of DLO/DSO Employee Costs, they be vired from the running costs, to the employee costs column of the model in the relevant services thereby increasing their provision for inflation from 1.25% to 4.22%;
		(g) the additional resources for Education be set at £527,000 and the Director of Education and Leisure Services be requested to produce a Report detailing how extra non-recurring expenditure of £649,000 be spent on the priorities determined by the Government;
		(h) an additional £55,000 be included to match growth in the Police Specific Grant;
		(i) as a planning provision, £25,000 be included for the anticipated additional Fire Board requisition;
		(j) no further resources be made to Social Work as a result of on-going Care in the Community transfer;
		(k) additional resources of £20,500 be included as growth in the Environmental Service Budget to implement the recommendations of the Pennington report and to improve present inspection coverage;
		(l) £63,000 of growth be provided to the Social Work Committee to fund the revenue costs of a new Residential Facility for Adults with Learning Disabilities;
		(m) £2500 growth be included in the Housing General Fund Cash Planning Limit to protect the Grant to Women's Aid;
		(n) £2800 growth be included in the Parks and Open Spaces Cash Planning Limit for the provision of Christmas trees;
		(o) the anticipated receipt for interest on revenue balances be increased from £400,000 to £800,000;

		(p) growth of £7500 be included in the Housing General Fund Cash Planning Limit for Inter-fund Movements associated with staffing reductions; and
		(q) £16,500 be included as growth towards additional SEPA licensing costs for refuse tips; and
		4. the Budgetary Process outlined in the Report be adopted.
Draft Budget Book 1998/99 PR110.03.24	7*	The Director of Finance submitted the draft Budget Book for the Financial Year 1998/99 detailing the income and revenue expenditure budgeted for each of the Council's services in the financial year 1 April 1998 to 31 March 1999.
		It was agreed to recommend approval of the draft Budget Book 1998/99, insofar as the Committee's interest was concerned, subject to such further amendments as would be approved by the Council.
Growth and Savings proposals for the 1998/99 Budget: Revised PR110.03.25	8	The Director of Finance submitted a Report detailing revised growth and savings proposals for consideration as part of the 1998/99 budgetary process. It was agreed to note the Growth Savings proposals for the 1998/99 budget as detailed in the Report by the Director of Finance, insofar as the Committee's interest was concerned.
		The Chairman ruled 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 be informed of the latest position with regard to the Ardveenish Berthing Face Extension Contract.
Capital Programme 1998/99 to 2000/01 PR110.01.25	9*	The Director of Finance submitted a Report regarding the Capital Programme for the three years 1998/99 to 2000/01. The Report outlined the outcome of the Capital Expenditure Seminar. A proposed Capital Programme was appended to the Report, together with a statement showing the balance of Capital Resources available after taking account of known commitments for the three year period.
		It was agreed to recommend, insofar as the Committee's interest was concerned, that:
		(1) Heads of Service be authorised to implement the draft Capital Programme for 1998/99 as detailed in appendix A to the Report by the Director of Finance, which reflected the views of the Capital Seminar, adjusted for financial detail arising from the third quarter monitoring, subject to: (a) £30,000 being transferred from the Contingency to meet expenditure associated with the provision of fuel supplies at Fishery Piers; and (b) £25,000 being transferred from the Contingency to meet expenditure associated with the Leverburgh Waterfront Project.
		(2) DSO Asset Replacement Programmes could be financed from the recycling of the asset rentals charged to the DSOs;

		(3) approval of the Capital Programme for 1999/2000 based on the draft Programme shown in Appendix A;
		(4) the draft Capital Programme for 2000/01 detailed in Appendix A be regarded as indicative proposals at this stage and subject to further consideration in 1999, except for those projects which carried a legal commitment into that year; and
		(5) the Chief Executive be authorised to continue to negotiate with Western Isles Enterprise regarding matching funds for Capital Projects.
		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 two items on the grounds defined in Standing Orders 26(h), (f) and (i), namely that exempt information relating to:
		(a) the financial or business affairs of any particular person other than the Comhairle;
		(b) the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services; and (c) to any terms proposed or to be proposed by or to the Comhairle in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services would be disclosed.
Back Old School Site: Demolition of Buildings DS41.10.01	10*	The Chief Executive submitted a Report seeking homologation for his action in proceeding with the demolition of the former school, canteen and water tower at the Back Old School site. The Report gave background information concerning the structure of the building and it was indicated that both the Back Community Workshop Committee and Comunn Eachdraidh Sgire a'Bhac had been informed of the decision taken in relation to the future of the building.
		It was agreed to recommend homologation of the action taken by the Chief Executive to:
		(1) proceed with the demolition of the former school, canteen and water tower at the Back Old School site; and
		(2) instruct the Director of Administration and Legal Services to accept a tender from Angus Mackay & Sons, Back for the demolition works.
Habost Factory, Ness DS41.03.08	11*	The Chief Executive submitted a Report concerning a request from Comunn Eachdraidh Nis for an extension to their current lease of the Habost Factory, Ness. Details of the existing lease between the Comunn Eachdraidh and the Comhairle were given in the Report and it was indicated that following an inspection undertaken by the Director of Technical Services it had been determined that the Habost Factory required extensive repairs and maintenance works. The Report indicated that the Comunn Eachdraidh had established a wide range of archive material relating to the Ness district, as well as promoting an information technology course in conjunction with Lews Castle College. It was suggested in the Report that, in light of the preparation of a Business Plan by the Comunn Eachdraidh, it would be appropriate to continue to lease the Habost factory to them for a further period of one year with a further review to be carried out thereafter.
		It was agreed to recommend that the Director of Administration and Legal Services be authorised to lease the Habost Factory, Ness to Comunn Eachdraidh Nis for a further period of one year with effect from 1 March 1998 on the same terms and conditions as the current lease, with a review on progress being undertaken thereafter.
		ECONOMIC DEVELOPMENT
Atlantic Margin Oil Developments DS40.09	12*	The Chief Executive submitted a Report outlining the present position with regard to oil developments in the Atlantic west of the Hebrides. It was stated that considerable economic activity would be generated within the Western Isles arising from oil related developments and in particular the Report referred to discussions held between the Western Isles Oil Group, on which the Comhairle was represented, and the major oil companies involved in exploration activity following the 17th Round of Oil Licensing. The Report identified a need to establish a Member/Officer Working Group to develop policies and strategies with a view to ensuring that benefits associated with oil related activity would be maximised within the Western Isles, particularly with regard to:
		(1) Steel fabrication;
		(2) the likely demand for serviced sites, on which companies could develop products and services associated with the Oil Industry;
		(3) Oil transportation, including the possibility of a pipeline to the Western Isles; and
		(4) Monitoring the environmental issues associated with oil development.
		It was further stated in the Report that the oil spill plan was currently under review.
		It was recommended in the Report that:
		(1) the Comhairle reiterates its support for the oil industry which had the potential to contribute so much to the economy of the Western Isles and create opportunities for its skilled workforce;
		(2) the Comhairle continue its membership of the Local Authority Standing Committee on Oil Fabrication, the Western Isles Oil Group and the Atlantic Frontier Environmental Forum;
		(3) the Comhairle continue a dialogue with Lewis Off-Shore Limited to ensure understanding and agreement on issues affecting both parties;
		(4) the Comhairle continue to work with other bodies and funders to ensure facilities are in place throughout the Western Isles when required by the Oil Industry, especially at Stornoway and Balivanich Airports and at Stornoway Harbour;
		(5) the Comhairle establish an Oil Development Working Group of Members and Officers to develop policies and strategies to achieve the aim of maximising the benefits to the Community from this opportunity, in a way which is compatible with the Comhairle's other key tasks and which allows the development of the oil resource in a sustainable manner and as a first step the Comhairle should engage in fact finding from small communities who have already experienced similar developments, possibly in coastal Norway.

		It was agreed to recommend approval of the recommendations detailed in the Report, on the basis that the Oil Development Member/Officer Working Group would comprise the following membership:
		Chairman Vice-Chairman Mr Frank S Burns Mr Alexander A Macdonald Mr Norman Macdonald Capt Roderick Mackinnon and that Officer representation on the Group would be determined by the Chief Executive.
		It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services would be disclosed.
Further Education in Uist	13*	The Chief Executive reported on preliminary discussions he had had with Western Isles Enterprise and other bodies concerning the Council's involvement in the Arnish Moor Business Park Project and the Further Education in the Uist Project. The Chief Executive stated that he believed it was possible that an arrangement could be reached whereby the funding package for the Arnish Moor Business Park Project could be adjusted in such a way as to enable the Project to proceed on the scale which had been approved by the Objective 1 Partnership in December 1997 and that the Council's projected contribution to that project could be adjusted to provide a source of capital funding of around £200,000 to the Further Education in the Uist Project, without impacting adversely on the Council's Capital Programmes.
		After full consideration of this matter it was agreed that the Director of Finance be requested to submit a Report on the Arnish Moor Business Park Project to a Special Meeting of the Committee to be held at 6.30 pm on Monday 9 February 1998.
LIFE Project DS63.10	14*	The Chief Executive submitted a Report informing Members of progress made in relation to the area sustainability strategy project. It was stated in the Report that the Project was being undertaken by a partnership grouping, including Highland Council, Scottish Natural Heritage, Highlands and Islands Enterprise, the Comhairle and various other bodies and had successfully gained funding under the LIFE 2 Programme. It was intimated that 3 pilot projects had been approved, one of which would be in North Uist and it was anticipated that work on these pilot projects would begin by April 1998.
		It was agreed to recommend that:
		(1) the Chief Executive be requested to submit regular progress Reports in relation to the area sustainability strategy project; and
		(2) the Report be noted.
Southern Isles Amenity Trust DS02.36	15	The Chief Executive submitted a Report appending the Southern Isles Amenity Trust Annual Report. The Report gave details of the activities of the Trust during the period 1992-97 and intimated that it had assisted in attracting approximately £2m for community projects in Uist and Barra. It was stated that the Council had contributed £6,000 per annum towards the administrative costs of the Trust since its establishment.
		It was agreed to note the Report.
		TOURISM
Western Isles Tourist Board Scheme: Proposed Amendment DS40.08	16*	The Chief Executive submitted a Report appending a letter dated 8 January 1998 from the Scottish Office seeking the Council's views on a proposal to amend the Western Isles Tourist Board Scheme Order 1995, on the basis that the amendment would allow the Board to borrow money to acquire, hold and dispose securities and to guarantee obligations (arising out of loans or otherwise) incurred by any other person. It was stated in the Report that the effect of the amendment would be to make more explicit a power that was already contained within the existing Order.
		It was agreed to recommend that the Chief Executive be authorised to inform the Secretary of State for Scotland that the Council supported the proposed amendment to the Western Isles Tourist Board Scheme Order 1995.
		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 Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.
		It was agreed that in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973 the press and public be excluded from the meeting during consideration of the following item on the grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle or under any particular contract for the acquisition of property for the supply of goods or services would be disclosed.
Coastal Access Project: Progress DS63.01	17*	The Chief Executive submitted a Report giving details of tenders submitted to undertake design services associated with the Coastal Access Project, which had, as its aim, the provision of facilities such as:
		(1) Car parking; (2) Access for the Disabled; and (3) Picnic and Interpretation Facilities at 23 Sensitive Beach and Machair areas throughout the Western Isles; A map showing the 23 areas was appended to the Report.
		The Report indicated that the budget for the Coastal Access Project, which was funded by:
		(1) Comhairle nan Eilean Siar; (2) Western Isles Enterprise; (3) Scottish Natural Heritage; and (4) European Objective 1 Grant could accommodate the costs associated with undertaking design services for the Project and gave details of the tenders submitted.
		It was agreed to recommend approval of the appointment of Philip Maclean Associates to provide technical support to the Coastal Access Project, on the basis detailed in the Report by the Chief Executive.
		CROFTING
Scotch Quality Beef and Lamb Association DS02.01	18*	The Principal Administrative Assistant reported that Mr Brian Simpson, Scotch Quality Beef and Lamb Association had been unable to attend the meeting for personal reasons.
		It was agreed to recommend that an invitation be extended to Mr Brian Simpson, Scotch Quality Beef and Lamb Association to attend the next Meeting of the Crofting Joint Consultative Committee to discuss the work of the Association, particularly its Membership scheme.
		FISHERIES AND FISHERY PIERS
Programme and Progress T07.01	19	The Director of Technical Services submitted the Capital Works Programme and Progress Report in respect of Fishery Piers.
		It was agreed to note the Programme and Progress Report in respect of Fishery Piers.
		The Chairman ruled in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed in terms of Standing Order 8, that the following item be considered as a matter of urgency in order to allow the Committee to be informed of the latest position with regard to the Ardveenish Berthing Face Extension Contract.
		It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the Meeting during consideration of the following item on grounds defined in Standing Order 26(h) namely that exempt information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services would be disclosed.
Ardveenish Pier T07.03.11	20	With reference to Item 9 above, the Director of Technical Services submitted a Report giving details of and reasons for an increase in project costs for the works to extend the pier at Ardveenish, Isle of Barra.
		It was agreed to note the Report.
Scalpay and Kyles Scalpay Ferry Slipways T07.02.09	21*	The Director of Technical Services submitted a Report outlining proposals to transfer the Scalpay and Kyles Scalpay Ferry terminals from the Council's Register of Transportation piers to the register of Fishery Piers. It was indicated in the Report that, as the Scalpay Bridge was now open for public access, there was no longer a requirement to maintain the slipways which were primarily used for the Scalpay-Kyles Scalpay Ferry Service. The Report stated that the Kyles Scalpay slipway was used by fishing and fish farming vessels and that whilst the Scalpay slipway was not suitable for use by fishing and fish farming vessels, it could have a function for fishing vessel repair and maintenance. It was further indicated that, whilst the Council did not provide piers exclusively for recreational use, the Scalpay slipway, in the light of its construction and location could be used for recreational purposes.
		It was agreed to recommend that the Director of Finance, in consultation with the Director of Technical Services be authorised to transfer the Scalpay and Kyles Scalpay Ferry Slipways from the Transportation Account to the Development Services Account at a valuation to be determined by the District Valuer.
Highlands and Islands Convention: Discussion Paper: "Prospects for Scottish Fishing Industry"	22*	The Chief Executive submitted a Report appending: (1) a Discussion Paper prepared by the Scottish Office entitled "Prospects for the Scottish Fishing Industry" considered by the Highlands and Islands Convention at its Meeting in Orkney on 5 December 1997; and (2) comments and suggested responses to the Scottish Office Discussion Paper.
DS40.04		The Discussion Paper prepared by the Scottish Office aimed to describe the workings of the current fisheries regime, the constraints this imposed on the industry and the opportunity for the development of more sustainable fisheries to support fishing communities around the Scottish coast. It was emphasised in the Discussion Paper that the Government was committed to sustainable development and that there was a need to define pragmatic ways of achieving this goal, in a manner which took account of the needs of different parts of Scotland within the broader United Kingdom and European Policy context.
		The Report stated that Local Authorities had a legitimate interest in all aspects of fisheries impacting on their areas, but that in the event of them becoming actively involved in fisheries management it would most probably be in partnership with the Fishing Industry and other interested bodies. The Report set out suggested responses to the specific questions raised in the Scottish Office Discussion Paper.
		It was agreed to recommend that it be delegated to the Chief Executive to respond to the Discussion Paper from the Scottish Office entitled "Prospects for the Scottish Fishing Industry", on the basis outlined in his Report, in consultation with the Chairman, taking into account any views submitted by Members of the Fisheries Joint Consultative Committee. It was further agreed to recommend that the Council agree, in principle, to adopt the Highland Council's and the Shetland Islands Council's stance in relation to Regulating Orders, on the basis that a further Report be prepared by the Chief Executive concerning Several and Regulating Orders for submission to the next meeting of the Committee and the next Meeting of the Fisheries Joint Consultative Committee.
		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 Council, on the basis that the recommendation was not contentious and did not breach a major policy position of the Council.

		DEVELOPMENT CONTROL
Marine Fish Farming: Review of Planning Arrangements DS20.17.01	23*	The Chief Executive submitted a Report appending a letter dated December 1997 from the Scottish Office entitled Marine Fish Farming - Review of Planning Arrangements which indicated that the Government had concluded that the regulatory function of approving the establishment of Marine Fish Farms, currently exercised on a non-statutory basis by the Crown Estate, should be transferred to Local Authorities. The Report outlined the short-term and long-term implications for the Comhairle associated with this transfer of function and indicated that if the Comhairle was to be given responsibility to call for Environmental Assessments there would have to be a clear understanding of the criteria and methodology to be used, which would involve a different technically more rigorous approach to assessing fish farming applications than utilised by the Council at the present time. It was further stated in the Report that it would be appropriate to explore the options for any interim arrangements to be put in place prior to new legislation being enacted, possibly after the establishment of the Scottish Parliament, with other Local Authorities with an interest in this matter through the Convention of Scottish Local Authorities.
		It was agreed to recommend that:
		(1) the Council welcome, in principle, the Government's proposals to grant planning powers over marine fish farming development to Local Authorities; and
		(2) following consultation with other interested Local Authorities, through the Convention of Scottish Local Authorities, the Chief Executive be delegated to submit comments on the interim arrangements to apply pending the introduction of legislation to extend Local Authority Planning jurisdiction below the low water mark.
Model Planning Conditions DS20.01	24*	The Director of Environmental Services submitted a Report appending revised Model Planning Conditions which were about to be used by him with a view to bringing about improved professionalism and consistency to the process of determining and enforcing planning applications and decisions relating to planning consents. The Report emphasised that poorly and inconsistently worded planning conditions had in the past, given rise to problems in securing satisfactory developments.
		The Report also gave details of the Council's Enforcement Policy in relation to Development Control.
		It was recommended in the Report that the Committee note the revised Model Planning Conditions, their dynamic nature, and the context of their proposed use.
		It was agreed to recommend that a Member/Officer Working Group be established to consider the Model Planning Conditions consisting of the following Membership:
		Chairman Vice-Chairman Mr Alexander A Macdonald Mr Roderick J Murray Mr Roderick Morrison Officers of the Comhairle determined by the Chief Executive, and that the Working Group submit a Report to the next Meeting of the Committee.
		It was further agreed to recommend that the Director of Administration and Legal Services be authorised to provide training sessions for Members of the Council on planning matters, particularly taking account of the implications for Members associated with the Nolan, now known as the Neill Committee.
Extensions Etc to Hostel 47 Keith Street, Stornoway DS21.01	25*	The Director of Environmental Services submitted a Report concerning an application for planning permission for the continuation of the use of 47 Keith Street, Stornoway as a back-packers hostel and proposals for a substantial 2 storey extension, to the rear of the existing hostel. The Report gave background information, 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 refuse planning permission for the continued use of 47 Keith Street as a back-packers hostel and for a substantial 2 storey extension to the rear of the existing hostel for the following reasons:
		(1) by reasons of its scale and the consequent activity which would thereby be generated, the development proposed would be detrimental to the amenity of residents of the locality and would therefore be contrary to policies SRL4 and DC1 of the finalised Broadbay Local Plan;
		(2) the limited access to the site of the extension is likely to give rise to an extended construction period, which would, in turn have an adverse effect upon the amenity of occupiers in property in the locality by reason of noise, visual intrusion and interference with traffic flow and would therefore be contrary to policy DC1 of the finalised Broadbay Local Plan.
Form Offices Etc at James Street, Stornoway DS21.01	26*	The Chairman declared an interest in the following item and left the meeting. The Director of Environmental Services submitted a Report concerning an application for Listed Building Consent for partial demolition of buildings at James Street, Stornoway and an application for planning permission for the conversion and extension of the main buildings which occupy the main corner site of James Street and Bells Road, Stornoway, to offices.
		The Report gave background information commented on the application and indicated that representations had been received.
		It was agreed to recommend that: (1) the Director of Environmental Services be authorised to inform the Secretary of State of the Council's intention to grant Listed Building Consent for partial demolition of the building which occupies the corner site of James Street and Bells Road, Stornoway; and
		(2) the Director of Environmental Services be authorised to grant planning permission for the conversion and extension of buildings which currently occupy the corner site of James Street and Bells Road, Stornoway, to form offices, on the basis detailed in the Report and subject to the Council's Scheme of Delegation.
New Fire Station, St Brendan Road, Castlebay DS21.01	27*	The Director of Environmental Services submitted a Report concerning application for planning permission for a new Fire Station at St Brendan Road, Castlebay. The Report gave background information, commented on the application and indicated that representations had been received.

		It was recommended in the Report that the Director of Environmental Services by authorised to grant planning permission for the construction of a new Fire Station at St Brendan Road, Castlebay.
		It was agreed to recommend that a Site Visit Sub-Committee be established to determine the application for planning permission for a new Fire Station at St Brendan Road, Castlebay, Isle of Barra with the Sub-Committee comprising the following membership:
		Chairman Vice-Chairman Mr David Blaney Mr Allan F Macleod Capt Roderick Mackinnon on the basis that the Sub-Committee would visit the site, without hearing either the applicant or objectors, prior to determining the matter.
Review of Committee Business PR33.01.02	28	With reference to Item 117 of the Minute of Meeting of 23 April 1997, the Director of Administration and Legal Services submitted a Report recording the decisions of the Development Services Committee from January 1996 to December 1997. Heads of Service responsible for implementing the decisions were listed, together with comments by the Heads of Service about progress with tasks identified in the Council's decisions.
		It was agreed to note the Report.
Outstanding Action: Progress Report PR33.01.02	29	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.
		RELATED MATTERS
Balivanich Enhancement Project: Appointment of Consultants DS60.03.01	30*	With reference to Item 212 of the Minute of Meeting of 1 October 1997, the Director of Environmental Services submitted a Report concerning the appointment of Consultants for the Balivanich Enhancement Project. It was indicated in the Report that tenders had been received from Consultants and were at present being considered by an Assessment Panel comprising: Appropriate Officers of the Council appointed by the Chief Executive; Mr Colin Campbell, Member for the Benbecula Ward; Representatives of Western Isles Enterprise; Scottish Office Agriculture Environment and Fisheries Department, Benbecula Community Council; Western Isles Health Board and the Ministry of Defence.
		It was agreed to recommend that the Consultancy Team, chosen by the Assessment Panel be appointed for the purpose of fulfilling the requirements of the Balivanich Enhancement Project Brief, on the basis that the name of the Consultancy would be reported to the Council at its Meeting on 10 February 1998.
Minch Tanker Traffic Consultation Document PR11.20.05	31*	The Director of Technical Services submitted a Report advising Members of a Maritime Traffic Survey - Consultation Exercise which had been undertaken by the Marine Safety Agency. The traffic details for the Minch were carried out from 6 December 1995 to 5 February 1996 by the Coastguard ETV Porto Salvo.
		It was agreed to recommend that the Director of Technical Services be authorised to respond to the invitation to comment as follows:
		(1) To endorse the efforts of the marine Safety Agency to secure and promote the carriage of ship identification transponders;
		(2) That the Marine Safety Agency promote mandatory purchase of GMDSS equipment with built in VHF/DSC transponder capability;
		(3) To press for ETV presence in the Minches for the 1998/99 Winter months and to reiterate the Comhairle's desire to extend ETV presence throughout the year;
		(4) The Government consider implementing a mandatory ship reporting system for the Minches in conjunction with the Dover Strait System to provide a better geographic view;
		(5) The current recommended routes should become mandatory;
		(6) That any ship transiting contrary to the recommended routing due to stress of weather, could do so by means of a Traffic Separation Scheme to the North West of Skye or with the aid of a Coastguard controlled remote radar station located either at the North West point of Skye or the North East coastline of Harris; and
		(7) To endorse the Marine Safety Agency recommendation that future surveys be carried out which allow for clear identification of vessels with associated arrangements for more immediate report of rule breakers to the Marine Safety Agency.
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