DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 11 March 1998 at 2.00pm

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

Development Services DS09.01	38	MINUTES The Minutes of Meetings of 9 February 1998 and 25 February 1998 were approved. Arising out of consideration of the Minute, the Committee agreed that the Chief Executive be requested to submit a Report concerning the potential impact of European Monitory Union on small and medium sized businesses in na h-Eileanan an Iar. 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 take a view on the matter prior to the next meeting of the Comhairle.
Lingerbay Planning Inquiry: Part 1 DS21.19.02	39*	The Principal Administrative Assistant sought and obtained the Chairman's permission to allow the Chief Executive to report that Part 1 of the Report of the Public Local Inquiry into the Extraction of an Anorthosite at Lingerbay, Isle of Harris, had been published on 10 March 1998. The Chief Executive further reported that the Comhairle had been invited to submit comments by 21 April 1998 and indicated that, in light of the length of the document (629 pages), it was, in his view, appropriate to seek a three month consultation period. It was agreed to recommend that the Chief Executive be authorised to make representations to the Reporter with a view to extending the period for submission of comments on Part 1 of the Report of the Public Local Inquiry into the extraction of an anorthosite at Lingerbay, Isle of Harris, be extended until 30 June 1998 on the basis that, if an application for an extension to the consultation period were to be granted, a Report on the Comhairle's draft response to Part 1 of the Report would be submitted to the Committee at its meeting on 10 June 1998.
		It was further noted that the Chief Executive would request the Reporter to provide him with 30 copies of the Report for circulation to all Members of the Comhairle.
Development Services Sub-Committee DS09.02	40	The Minutes of Meetings of the Development Services Sub-Committee of 14 January, 29 January, 11 February and 26 February 1998 were noted.
Site Visit Sub-Committee DS09.02.07	41	The Minute of Meeting of the Site Visit Sub-Committee of 12 February 1998 was noted.
Model Planning Conditions DS20.01	42*	With reference to item 24 of the Minute of Meeting of 28 January 1998, there was submitted Minute of Meeting of the Model Planning Conditions Member/Officer Working Group. It was agreed to recommend approval of the recommendations detailed in the Minute.
Fisheries Joint Consultative Committee DS09.04	43*	The Minute of Meeting of the Fisheries Joint Consultative Committee of 27 February 1998 was noted and the recommendations contained therein, with the exception of the recommendation contained at item 7 of the Joint Consultative Committee Minute, recommended for approval. It was agreed to recommend that, in respect of Fishery Piers Users Groups, the draft Constitution, as detailed in the Report by the Director of Technical Services, be approved, subject to the deletion of Clause 2(a) and that Fishery Piers Users Groups be established at the locations in Lewis and Harris detailed in the Report and that the one person to be employed to cover the Fishery Piers in Uist, be employed by an organisation other than the Comhairle.
Third Quarter Forecast Revenue Out-turn PR110.08.13	44	FINANCE With reference to item 229 of the Minute of Meeting of 19 November 1997, the Chief Executive, Director of Environmental Services and Director of Technical Services submitted Reports setting out the pattern of actual expenditure as against budgetary 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.
Repairs and Maintenance (Revenue) Programme 1997/98: Quarterly Expenditure to 31 December 1997 DS41.01	45	BUILDINGS With reference to item 232 of the Minute of Meeting of 19 November 1997, 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 - 31 December 1997. It was indicated in the Report that £16,554.42 (91%) of the Repairs and Maintenance Budget for Development Services had been spent or committed as at 31 December 1997. It was agreed to note the Report.
Meeting with the Representatives of the Scotch Quality Beef and Lamb Association DS02.01	46	CROFTING The Chairman welcomed Mr Brian Simpson and Yvonne Richardson of the Scotch Quality Beef and Lamb Association to the meeting and invited Mr Simpson to address the Committee on the role and functions undertaken by the Association. An opportunity was afforded to Members to ask questions of Mr Simpson.
		ECONOMIC DEVELOPMENT 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 take a view on the matter prior to the next meeting of the Comhairle.
		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 grounds defined in Standing Order 26(f), namely, that exempt information relating to the financial or business affairs of any particular person other than the Comhairle, would be disclosed.
Co-Chomunn na Pairc DS41.10.18	47*	The Chief Executive submitted a Report giving details of a proposed financial restructuring of Co-Chomunn na Pairc. The Report gave background information in relation to the Comhairle's role as guarantor of a loan for £18,000 from the Scottish Community Enterprise's Investment Fund plc to Co-Chomunn na Pairc. The Report commented on the Co-Chomunn's Business Plan and referred to the benefits associated with the proposed financial restructuring. It was recommended in the Report that: (1) the Director of Finance be authorised to approve the write-off of £8,800 outstanding debt on the Comhairle's loan to Co-Chomunn na Pairc and seek to establish a share of primary security in the premises with the Clydesdale Bank as a condition of agreeing to the restructuring; and (2) the Co-Chomunn be required to agree, as a condition of the above recommendation, that the Director of Finance is notified, 14 days in advance, of all Board Meetings, given the right to attend and the right to be heard on any matter which, in his opinion, affected the Comhairle's interest. Mr Colin Campbell, seconded by the Chairman, moved approval of the recommendations detailed in the Report by the Chief Executive subject to:
		(1) the Co-Chomunn submitting monthly balance sheets to the Director of Finance; and (2) the Chief Executive being authorised to inform the Co-Chomunn that the Comhairle would make no further financial contribution to the Co-Chomunn. Mr Alexander A Macdonald, seconded by Capt Roderick Mackinnon, moved that the recommendations detailed in the Report by the Chief Executive, be not approved.
		On the matter being put to the vote, the Motion received the majority of votes cast and it was agreed to recommend accordingly.
Business Development Service DS43.01	48*	With reference to item 172 of the Minute of Meeting of 20 August 1997, the Chief Executive submitted a Report indicating that the Business Development Service Project had been awarded a maximum grant of £400,000 from the European Union Objection 1 Partnership. It was indicated in the Report that not all of the elements contained in the application for funding had been successful. It was further indicated in the Report that the Business Development Service Project would contain the following elements: (1) Business Start-Up Scheme - The Scheme would provide interest free loans of up to £5,000 for Capital Expenditure and Working Capital relating to set-up costs to new businesses and would complement the existing financial assistance available from Western Isles Enterprise; (2) Business Loan Scheme - The Scheme, which would offer loans of between £2,000 and £30,000 at favourable interest rates and would be funded by the Comhairle, the Royal Bank of Scotland and Western Isles Enterprise. The Scheme had attracted funding from the Royal Bank of Scotland amounting to £200,000 per annum for three years, on the basis that the Comhairle would provide a 70% guarantee on all loans issued to clients; and
		(3) Marketing Support Initiative - The aim of the Initiative would be to develop a business philosophy amongst owners/managers in a way which complemented and developed existing Schemes and would be supported with two full-time officers and one part-time officer for a three year term. The Report stated that the existing Western Isles Small Business Assistance Scheme would be discontinued at the end of March 1998 with the finance generated by the Western Isles Small Business Assistance Scheme being utilised to fund the Comhairle's contribution to the Business Development Service proposal. The Report emphasised that the Business Development Service aimed to improve access to finance for local businesses and increase the amount of external private finance and professional support to Western Isles Business.
		It was agreed to recommend that: (1) the Comhairle approve the Business Development Service Project as outlined in the Report by the Chief Executive, for implementation in the 1998/99 financial year and, in particular, the granting of a guarantee in favour of the Royal Bank of Scotland plc for 70% of the sums outstanding in terms of the Business Loan Scheme, said guarantee to be on such terms and conditions as the Director of Corporate Services, in consultation with the Chief Executive and the Director of Finance, would determine; and (2) the Comhairle discontinue the Western Isles Small Business Assistance Scheme at the end of March 1998.
		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 Comhairle, under delegated powers, in light of the need to have the matter dealt with prior to the next meeting of the Comhairle, on the basis that the recommendation was not contentious and did not breech a major policy position of the Comhairle.
		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 grounds defined in Standing Order 26(f), namely, that exempt information relating to the financial or business affairs of any particular person other than the Comhairle, would be disclosed.
Balivanich Commercial Development DS41.09	49*	The Chief Executive submitted a Report concerning an application from Scotia Technologies Ltd to purchase a plot of land (approximately 37 metres x 21 metres) at the Balivanich Commercial Development. The Report stated that the Company hoped to expand their business and provide additional employment opportunities.
		It was agreed to recommend that a plot of land (approximately 37 metres x 21 metres), be identified within the Balivanich Commercial Development Site for sale to Scotia Technologies Ltd at a price to be determined by the District Valuer and on such terms and conditions as the Director of Corporate Services, in consultation with the Chief Executive, deemed appropriate.
Gleann Seileach Business Park DS40.35.01	50	The Principal Administrative Assistant sought and obtained the Chairman's permission to withdraw this item.
Development Officer: Uig and Bernera DS40.01.11	51*	With reference to item 207 of the Minute of Meeting of 1 October 1997, the Chief Executive submitted a Report referring to the decision of the Comhairle to establish an additional post of Development Officer on a twelve month fixed term basis, with co-funding from Western Isles Enterprise and LEADER to stimulate and implement development opportunities in the Lochs and Uig areas. The Report referred to discussions which had taken place with Western Isles Enterprise and LEADER concerning the establishment of the post, during which they had intimated that they would only fund the post of Development Officer for the Pairc and Kinloch area. The Report indicated that Mr Norman A Macdonald, Member for the Uig Ward, had been advised of the Western Isles Enterprise and LEADER decision. It was stated in the Report that it was proposed to establish a short term post for the Uig and Bernera area, on the basis that the post would be established for an adequate period to allow the postholder to carry out the initial work necessary to establish a viable programme of projects and development opportunities which could then be taken forward by a community based group. The Report further referred to the Scottish Office "Initiative at the Edge" which could have an impact on the proposals to encourage development opportunities and inter-agency co-operation in the Lochs and Uig area.
		It was agreed to recommend that: (1) the Chief Executive be authorised to implement the Comhairle's previous decision, in relation to the creation of a post of Development Officer on a twelve month fixed term basis for the Lochs and Uig area, including the enhancement of Development Officer support for the Pairc and Kinloch area, on a modified basis as outlined in the Report; and
		(2) the Chief Executive be authorised to incur expenditure in the sum of £7,500 from the Comhairle's LEADER budget for 1998/99, to be "topped up" by any additional finance to be agreed by Western Isles Enterprise and LEADER, to provide a degree of dedicated Development Officer support of the Uig and Bernera area, with the duration and nature of the post being determined by the Chief Executive, taking account of the overall financial envelope available.
Programme and Progress T07.01	52	FISHERIES AND FISHERY PIERS 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. Arising out of consideration of this item, it was agreed to request the Director of Technical Services to amend the format of the Capital Works Programme and Progress Report to detail only those projects which were included within the Comhairle's three year Capital Programme. It was further agreed to request the Director of Technical Services to submit a Report giving details of those fishery piers in na h-Eileanan an Iar which are currently in use and those which could be used.
Tender Monitoring DS65.02.01	53	The Director of Technical Services submitted a Report detailing the tender amounts, actual costs to January 1998 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.
Regulating Orders DS40.04.42	54*	With reference to item 43 above, the Chief Executive submitted a Report outlining the scope and implications of Regulating Orders and invited the Committee to consider the most suitable course of action in relation to shellfisheries in the Western Isles. The Report indicated that, in terms of the Sea Fisheries (Shellfish) Act 1967, Several and Regulating Orders could be granted by the Secretary of State in respect of certain shellfish species and that presently, the species covered by the Act included oysters, mussels, cockles, clams, scallops, queens and lobsters. The Report stated that, Several Orders were designed to encourage the establishment and improvement of shellfisheries and give legal ownership of stocks deposited on the sea bed to the holder, whilst Regulating Orders were designed primarily to maintain and regulate a fishery but did not give legal ownership of stocks to the holder. The Report identified three options for consideration by the Committee in relation to Regulating Orders and suggested that it would be appropriate to involve relevant individuals and organisations, including those representing fishing, fish farming, natural heritage and community groups, in further discussions concerning Regulating Orders.
		It was agreed to recommend that: (1) the Director of Corporate Services, in consultation with the Chairman, be authorised to arrange a meeting of interested parties as outlined in the Report by the Chief Executive to assess the level of support for managing shellfisheries in the Western Isles by means of Regulating Orders; and (2) the Chief Executive be requested to submit a further Report with details of objectives, costs and benefits associated with Regulating Orders following the meeting with interested parties.
Fisheries Assistance Scheme DS40.04.41	55*	With reference to item 43 above, the Chief Executive submitted a Report giving background information on the operation of the Fisheries Assistance Scheme since its inception in January 1997. The Report set out the conclusions and recommendations of the Fisheries Development Working Group which had been established by the Comhairle to explore and progress ways of significantly increasing investment in the Western Isles fishing fleet, particularly in vessels over 40 feet, utilising public and private funding. The Working Group had considered a number of issues and had made recommendations in relation to the enhancement of the Scheme. It was agreed to recommend that the Comhairle approve the following enhancements to the Fisheries Assistance Scheme, subject to approval of the Scottish Office and the European Commission, as detailed below: (1) the maximum loan available under the Fisheries Assistance Scheme be increased to £60,000 or 40% of project cost;
		(2) that maximum loan be made available for vessels over twelve metres or over ten metres in the case of first time owners/skippers; (3) an increase in the maximum term of loan from five to ten years; (4) that first time owners (Skipper Applicants) under 40 and vessels less than ten years old should receive priority; and (5) discretionary capital and interest deferment for up to two years or interest free period of up to two years, be introduced.
Fishery Piers Users Group Draft Constitution	56*	With reference to item 43 above, the Director of Technical Services submitted a Report seeking approval for the establishment of Fishery Piers Users Groups at the undernoted locations:
DS40.04.43		Skigersta Brevig Carloway Kirkibost Stockinish West Loch Tarbert Scalpay Leverburgh	Berneray Griminish Kallin Petersport Lochboisdale Ludag Acarsaid Miavaig
		Appended to the Report was a draft Constitution for a Fisheries Piers Users Group. It was recommended in the Report that the terms of the draft Constitution, as detailed in the Report by the Director of Technical Services, be approved as a basis to authorise the Director of Technical Services, in consultation with the Director of Corporate Service to formally constitute Fishery Piers Users Groups at the locations detailed in the Report and that it be delegated to the Director of Technical Services to make minor amendments to the draft Constitution, if appropriate, following consultation with Users Groups.
		It was agreed to recommend that the draft Constitution, as detailed in the Report by the Director of Technical Services, be approved, subject to the deletion of Clause 2(a) and that Fishery Piers Users Groups be established at the locations in Lewis and Harris detailed in the Report and that the one person to be employed to cover the Fishery Piers in Uist, be employed by an organisation other than the Comhairle.
Performance Review: Development Control DS20.01	57*	DEVELOPMENT CONTROL The Director of Environmental Services submitted a Report detailing the performance of the Development Control function against the Accounts Commission's performance indicators. The Report indicated that the Accounts Commission had produced details of Development Control performance in all Scottish Local Authorities, showing the percentage of all planning applications dealt with within eight weeks during the 1995/96 financial year. Only six authorities, out of a total of 41, had performed less well than the Comhairle. The Report emphasised that performance improvement was fundamental to the pursuit of "Best Value" and that the Scottish Office was currently undertaking an audit of the performance of the Development Control Service across the Country in light of the generally poor level of performance. The Report referred to a range of measures which had been introduced to improve Development Control performance, including:
		(1) the introduction of quality assured procedures for the receipt and determination of applications; (2) the issuing of clear instruction to consultees that, if the Comhairle did not hear from them within 14 days from consultation, the Comhairle would proceed to determine the application; (3) extended use of the Norsk Data Computer Database which ensured regular monitoring of performance; and (4) more regular use of the Development Services Sub-Committee.
		It was further suggested that the undernoted proposals could be introduced to further improve performance: (1) discontinuation of notification of proposed conditions; (2) the introduction of shorter Reports, which would outline the key issues and would be supplemented at meetings of the Development Services Sub-Committee with the assistance of video or photographic presentations, where appropriate; (3) an extension of the use of delegated powers by the Development Services Committee; and (4) the granting of delegation to the Director of Environmental Services to refer non-contentious applications for listed building consent to the Secretary of State on the basis outlined in the Report. It was recommended in the Report that:
		(1) the practice of seeking the applicants' agreement to planning conditions be discontinued; (2) where the Committee had agreed unanimously to a decision regarding a planning application, the Committee would take powers to expedite the implementation of the decision; (3) officers of the Comhairle be instructed to find ways to enable Reports to be presented as timeously as possible to the Development Services Sub-Committee; and (4) the Director of Environmental Services be given delegated powers to refer non-contentious applications for listed building consent to the Secretary of State, on the basis detailed in the Report.
		It was agreed to recommend approval of the recommendations detailed in the Report, on the basis that the Committee would only determine applications for planning permission, in accordance with paragraph 17 of the Scheme of Administration, after careful consideration of each application on its merits.
Tree Preservation Order at Creed Bridge DS21.16	58*	The Director of Environmental Services submitted a Report concerning proposals to make a Tree Preservation Order in respect of an area of mature woodland adjacent to the Creed River, Marybank, Stornoway. The Report referred to the decision of the Development Services Sub-Committee to grant planning permission for the erection of a house adjacent to the Creed Bridge, Marybank, Stornoway, subject to a condition that no development would commence until a Tree Preservation Order was made in respect of the mature woodland around the proposed house. The Report gave details of the trees which would be affected by the Order and emphasised that the area of woodland involved contributed to the attractive landscape at one of the entrances to Stornoway. The Report gave details of the procedure to be followed in respect of the Tree Preservation Order which would be made under Section 5 of the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975.
		It was agreed to recommend that the Director of Environmental Services be authorised to make a Tree Preservation Order to cover the woodland identified on the plan attached at Appendix 1 to his Report.
Construction of Livestock Auction Mart, Steinish DS21.01	59	PLANNING APPLICATIONS The Principal Administrative Assistant sought and obtained the Chairman's permission to withdraw this item. It was noted that, if necessary, a special meeting of the Committee would be arranged to determine this matter.
Site Preparation at Howmore, South Uist DS21.01	60*	The Director of Environmental Services submitted a Report concerning an application for planning permission for site preparation works, specifically the levelling of the site, the construction of a road/turning head and the provision of services at Howmore, South Uist. 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 grant planning permission for site preparation works at Howmore, South Uist, on the basis of the terms detailed in the draft Decision Notice appended to the Report and subject to the Comhairle's Scheme of Delegation.
Environmental Improvements: West Gerinish DS21.01	61*	The Director of Environmental Services and the Director of Technical Services submitted a joint Report detailing an Environmental Management Plan for West Gerinish, South Uist. Approval had been given to an early package of measures and budgetary provision of £30k had been allocated to kick start the environmental improvements. It was agreed to recommend that: (1) the proposals for environmental improvements in West Gerinish as detailed in the Management Plan, be accepted in principle as the basis for further action in the township; and (2) the Committee notes that an early start to the work was approved at the meeting on 28 January 1997 with the sum of £30k programmed to be spent in the current financial year. Additional similar levels of funding, from the Roads Maintenance Budget, would be considered for the following financial year.
Flooding at Branahuie	62	The Principal Administrative Assistant sought and obtained the Chairman's permission to withdraw this item and refer it to the Transportation Committee.
Business Plan for the Environmental Services Department CH03.01	63*	The Director of Environmental Services submitted a Report detailing the Environmental Services Department's Draft Business Plan for 1998/99. The plan set out the proposed work output of the Department for the next financial year including demand led work and the Comhairle's Key Tasks, set against the resources available. It was agreed to recommend approval of the 1998/99 Business Plan for the Environmental Services Department insofar as the interests of the Committee were concerned.
Reports Outstanding PR33.01.02	64	The Director of Corporate Service submitted a Report detailing outstanding Reports arising from decisions of the Committee since 1 May 1994. It was agreed to note the Report.
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