DEVELOPMENT SERVICES COMMITTEE
Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 22 April 1998 at 2.00pm
PRESENT |
Mr Donald Maclean (Vice-Chairman) |
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Mr Roderick Morrison |
Mr Norman Macdonald | |
Mr Alexander A Macdonald |
Mr Colin Campbell | |
Mr Angus M Graham |
Mrs Mary Bremner | |
Mr Callum I Macmillan |
Capt Roderick Mackinnon | |
Mr Donald M Mackay |
Mr Allan F Macleod | |
Mr Kenneth Mackay |
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APOLOGIES |
Mr Norman L Macdonald |
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Mr Frank S Burns |
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DS09.01 |
68* |
MINUTES The Minutes of Meetings of 11 March 1998 and 23 March 1998 were approved. Arising out of consideration of the Minute, it was agreed to recommend that: (1) the Chief Executive be requested to submit a Report on the Comhairle's response to Part 1 of the Report of the Public Local Inquiry into the extraction of anorthosite at Lingerbay, Isle of Harris, to a special meeting of the Committee, on a date to be determined by the Director of Corporate Services; and (2) it be delegated to the Development Services Committee to determine the Comhairle's response to Part 1 of the Report of the Public Local Inquiry into the extraction of anorthosite at Lingerbay, Isle of Harris. |
Gaelic Development Sub-Committee PR13.05.09 |
69* |
The Minute of Meeting of the Gaelic Development Sub-Committee of 24 March 1998 was approved and the recommendations contained therein recommended for approval insofar as the Committee's interest was concerned. |
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Preparation for European Monetary Union PR70.05 |
70* |
ECONOMIC DEVELOPMENT With reference to item 38 of the Minute of Meeting of 11 March 1998 and item 41 of the Minute of Meeting of the Finance Sub-Committee of 20 April 1998, the Director of Finance submitted a Report regarding the preparation for European Monitory Union (EMU). It was noted that there would be financial implications associated with the creation of EMU for the Comhairle and small and medium sized businesses in na h-Eileanan an Iar. The timetable for conversation for countries joining the first phase of the EMU was set out in the Report, together with the implications of EMU for Local Government in Scotland. |
It was further intimated that Local Authorities could be ideally placed to offer training and support to small and medium sized enterprises in preparing for EMU. It was agreed to recommend, insofar as the Committee's interest was concerned, that: (1) a Member/Officer EMU Strategy Group be set up and be mandated to appoint an existing officer as EMU Co-ordinator; (2) the actions required as described in paragraph 5.2 of the Report be undertaken by the Director of Finance; and (3) the financial implications and further aspects of the EMU be noted. It was further agreed to recommend that the undernoted Members be nominated to serve on the EMU Strategy Group: Mr Donald Maclean Mr Callum I Macmillan Mr Norman Macdonald and the officer representation on the Group 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 public, including the press, 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 a person other than the Comhairle. | ||
Western Isles Small Business Assistance Scheme: Application for Assistance: Reference Number AB107/445 DS40.33 |
71* |
The Chief Executive submitted a Report giving details of an application by applicant MAM for assistance under the Western Isles Small Business Assistance Scheme. The Report gave background information on the application and commented thereon and indicated that the matter could not be dealt with in terms of the Comhairle's Scheme of Delegation as the applicant's mother was an employee of the Comhairle. It was agreed to recommend that the Chief Executive be authorised to offer financial assistance to MAM, on the basis detailed below and subject to the standard conditions previously adopted for the Western Isles Small Business Assistance Scheme: Grant - £1,000 Loan - £3,000 at 5% interest repayable over three years. |
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Programme and Progress: Fishery Piers T07.01 |
72 |
FISHERIES AND FISHERY PIERS The Director of Technical Services submitted the Capital Works Programme and Progress Reports in respect of Fishery Piers. It was agreed to note the Programme and Progress Report in respect of Fishery Piers. |
Application for Lease of Site at Brevig Harbour: Hebridean Marine Services T07.02 |
73* |
The Chief Executive submitted a Report concerning an application for the lease of land at Brevig Harbour for the erection of premises for storage and packing of live shellfish. It was indicated in the Report that the applicants had requested that the area of ground to be leased to them should be as close as possible to both the existing "wet well", and the sea to facilitate the pumping of sea water through the storage tanks. It was stated in the Report that the provision of live storage facilities at Brevig Harbour was likely to increase landings of shellfish at the Harbour and would consequently be beneficial to fishermen and would also have a positive effect on the local economy. It was agreed to recommend that the Director of Corporate Services be authorised to lease a site of up to 600 m2 at Brevig Harbour to Hebridean Marine Services for the purposes of erecting premises for live storage and the packing of shellfish, subject to: (1) terms and conditions to be agreed by the Director of Corporate Services in consultation with the District Valuer; and (2) the precise location of the site and the proposed building being approved by the Director of Technical Services. |
Fisheries Enforcement: Designated Landing Ports DS40.04 |
74* |
The Chief Executive submitted a Report appending a Consultation Paper on the Scottish Fisheries Protection Agency and Fisheries Departments' proposals for the introduction of a system of Designated Ports for all landings, except pelagic by vessels 20 metres overall length and above. The Report indicated that Designated Landing Ports were being proposed in order to tackle the problem of undeclared landings of so called "black" fish. It was further stated that the only Designated Port in na h-Eileanan an Iar, would be Stornoway. The Report further indicated that, in light of the value of landings at Ardveenish and the considerable investment made at Ardveenish in relation to the provision of processing, ice plant and berthing facilities, it would be appropriate for the Comhairle to seek the inclusion of Ardveenish on the list of Designated Landing Ports. It was agreed to recommend that the Chief Executive be authorised to make representations to the Scottish Office seeking the inclusion of Ardveenish on the list of Designated Landing Ports for vessels of 20 metres and over. |
Consultation on Membership of District Salmon Fishery Boards DS40.04.46 |
75 |
The Chief Executive submitted a Report appending a letter dated 13 February 1998 from the Scottish Office Agriculture Environment and Fisheries Department concerning the membership of District Salmon Fishery Boards. The Report indicated that the Government was proposing to change the rules by which the composition of District Salmon Fishery Boards was determined and that, under the proposals contained in the Department's letter, local authorities and other bodies could be represented at the discretion of Boards. The Report gave background information and indicated that one of the primary functions of the four District Salmon Fishery Boards in na h-Eileanan an Iar was the protection of salmon fisheries. It was further intimated that proposals were currently being considered to amalgamate the existing four Boards into one Western Isles District Salmon Fishery Board and that, if this amalgamation were to proceed, there could be an opportunity for the Comhairle and other bodies to be represented on the new Board and that the increased range of organisations represented on the Board could be in the long term interests of the local community. |
It was agreed to recommend that the Chief Executive be authorised to respond to the Scottish Office Agriculture, Environment and Fisheries Department's letter of 13 February 1998 concerning membership of District Salmon Fishery Boards on the basis that: (1) the Comhairle welcomed the creation of a single District Salmon Fishery Board for na h-Eileanan an Iar; and (2) the Comhairle agreed, in principle, that a wider range of interests, including local authorities, should be entitled to membership of District Salmon Fishery Boards. 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 breach a major policy position of the Comhairle. | ||
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National Planning Policy Guidelines: Natural Heritage (Draft) DS20.09 |
76* |
DEVELOPMENT CONTROL The Chief Executive submitted a Report referring to the Draft National Planning Policy Guidelines (NPPG) on Natural Heritage and indicated that the NPPG contained guidance on how best the Government's policies for the conservation and enhancement of Scotland's natural heritage should be reflected in land use planning. The main issues identified in the Draft DPPG were detailed in the Report and included: (1) National Planning Policy considerations in relation to Scotland's natural heritage; (2) the main statutory obligations in relation to the conservation of natural heritage; (3) an explanation as to how natural heritage objectives should be reflected in development plans; (4) the planning controls which helped to safeguard sites of national and international importance; (5) guidance on the approach to be adopted to local and not statutory designations; and (6) the importance of safeguarding and enhancing natural heritage beyond the confinds of designated areas. |
The Report set out specific comments on the content on the Draft NPPG for consideration and concluded that, whilst it was useful for the purposes of preparing structure and local plans as a reference document, a number of points required further clarification in order to make the NPPG a more useful and workable document. | ||
It was agreed to recommend that the Chief Executive be authorised to respond to the Scottish Office on the Draft National Planning Policy Guidelines: Natural Heritage, on the basis set out in paragraphs 5.1 to 6.9 of his Report and that the Comhairle's response should also include representations on the right of local communities to be consulted at the earliest possible stage in the statutory designation process. Arising out of consideration of this matter, it was agreed that the Chief Executive be requested to prepare a Report on the protocols and procedures to be used for meeting on a bi-annual basis with representatives of the Western Isles Enterprise and Scottish Natural Heritage using the Parliamentary Select Committee system as a model for such meetings. | ||
Mr Callum I Macmillan, having declared an interest, left the meeting during consideration of the following item. | ||
Unauthorised Development at Keith Street DS21.04 |
77 |
The Director of Environmental Services submitted a Report concerning a formal complaint against the carrying out of development in the yard operated by D & M Smith Ltd at Keith Street, Stornoway. It was stated in the Report that the complaint related to the construction of fixed shelving systems immediately to the rear of 8 Lewis Street and intimated that investigations by staff within the Environmental Services Department had established that a wooden building had also been built in the yard area without planning consent. It was further intimated that D & M Smith Limited had been advised to submit a planning application to seek retrospective consent but that, to date, no such planning application had been received. The Report outlined the action taken in relation to the development control breaches which had occurred in the yard operated by D & M Smith Limited at Keith Street, Stornoway, and stated that an Enforcement Notice had been served which required the following: |
(1) the removal of the structures after a period of five years because of their temporary nature; (2) hours of delivery and collection of goods to be limited to 8.00am to 6.00pm on weekdays and Saturdays only; and (3) no addition of any further storage or facilities or alterations of any of the existing structures. It was recommended that the Report be noted. | ||
It was agreed that the Committee should visit the site of the yard operated by D & M Smith Limited at Keith Street, Stornoway, on the same day as the Committee would meet to consider the Report by the Chief Executive on the Comhairle's response to Part 1 of the Public Local Inquiry into the extraction of anorthosite at Lingerbay, Isle of Harris. | ||
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Erect Hotel at Leverburgh Pier, Harris |
78* |
PLANNING APPLICATIONS The Director of Environmental Services submitted a Report concerning an application for planning permission for the erection of a Hotel at Leverburgh Pier, Harris. The Report gave background information, commented on the application and indicated that the matter had been referred to the Committee as the proposals did not comply directly with the Leverburgh Waterfront Development Brief and the Consultative Draft Harris Local Plan. |
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The Principal Administrative Assistant sought and obtained the Chairman's permission to submit: (1) letter from Richard M O'Smaile; and (2) letter from A R Duckworth, Acting Chief Inspector of Explosives and Acting Head of CHID 5 Unit, Health and Safety Executive. It was recommended in the Report that the Director of Environmental Services be authorised to grant planning permission for the erection of a Hotel at Leverburgh Pier, Isle of Harris, on the basis detailed in the Report and subject to the Comhairle's Scheme of Delegation. | ||
It was agreed to recommend that the Director of Environmental Services be authorised to grant planning permission for the erection of a Hotel at Leverburgh Pier, Harris, on the basis detailed in the Report and subject to: (1) it being delegated to the Director of Environmental Services to negotiate a resolution of the concerns outlined in the letter from A R Duckworth of 21 April 1998 in relation to the development and to include relevant condition(s) in the Decision Notice related to this application, if appropriate; and (2) the Comhairle's Scheme of Delegation. The Committee unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation on behalf of the 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 breach a major policy position of the Comhairle. | ||
Erect Three Non-Food Retail Units at Macaulay Road DS21.01 |
79* |
The Director of Environmental Services submitted a Report concerning an application for planning permission for the erection of three non-food retail units and associated car parking on the former Macrae Hostel site, Macaulay Road, Stornoway. 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 the erection of three non-food retail units at the former Macrae Hostel site, Macaulay Road, Stornoway, 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. 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 breach a major policy position of the Comhairle. |
Site 12 Fish Cages at Loch Smuaisaval, Uig DS21.01 |
80* |
The Director of Environmental Services submitted a Report concerning an application for planning permission to site twelve fresh water fish cages at Loch Smuaisaval. 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 the siting of 12 fresh water fish cages in Loch Smuaisaval, on the basis detailed in the draft Decision Notice appended to the Report and subject to the Comhairle's Scheme of Delegation. |
The Committee unanimously agreed that, in accordance with the provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendation on behalf of the 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 breach a major policy position of the Comhairle. | ||
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56 Leurbost Isle of Lewis DS21.01 |
81 |
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. The Director of Environmental Services submitted a Report concerning an application for planning permission for vehicular access at 56 Leurbost, Isle of Lewis. It was stated in the Report that, as the application had been made by Mr Murdo Gray, Depute Director of Technical Services, the matter could not be dealt with in terms of the Comhairle's Scheme of Delegation. It was agreed that the Director of Environmental Services be authorised to grant planning permission for vehicular access at 56 Leurbost, Isle of Lewis, on the basis detailed in the Report and subject to the Comhairle's Scheme of Delegation. |
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Offshore Northern Seas `98 Oil Conference and Exhibition DS03.14 |
82* |
CONFERENCES AND COURSES The Chief Executive submitted a Report giving details of the Offshore Northern Seas `98 Oil Conference and Exhibition which would be held in Stavanger in August 1998. It was agreed to recommend that the Comhairle would be represented at the Offshore Northern Seas `98 Oil Conference and Exhibition in Stavanger in August 1998 by the Chairman or his nominee. |
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Outstanding Action PR33.10.12 |
83 |
PERFORMANCE REVIEW The Director of Corporate Services submitted a Report detailing Reports outstanding from decisions of the Development Services Committee. It was agreed to: (1) note the Report; and (2) request the Director of Technical Services to include in his Report, giving details of those fishery piers in na h-Eileanan an Iar which are currently in use and those which could be used, details of crofters' rights on access to the foreshore, including rights to sand and gravel. |
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