DS9806

DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Monday, 1 June 1998 at 12.15pm

PRESENT

Mr Norman L Macdonald (Chairman)

Mr Donald Maclean (Vice-Chairman)

Mr Frank S Burns

Mr Alexander A Macdonald

Mr Callum I Macmillan

Mr Angus M Graham

Mr Kenneth Mackay

APOLOGIES

Mr Roderick Morrison

Mrs Mary Bremner

Mr Norman Macdonald

Capt Roderick Mackinnon

Development Services

DS09.01

84

MINUTES

The Minute of Meeting of 22 April 1998 was approved.

Comments on Lingerbay Part 1 Report

DS21.19.02

85

DEVELOPMENT CONTROL

With reference to item 68 of the Minute of Meeting of 22 April 1998, the Chief Executive and the Director of Environmental Services submitted a Report concerning the draft Part 1 Report on the Lingerbay Quarry Inquiry. Appended to the Report were comments by Mr John Marshall, formerly Assistant Director of Environmental Services and the Comhairle's principal witness at the Inquiry. The Report indicated that the approach taken by the Reporter in relation to "Findings of Fact", often seemed to contain her conclusions and judgements. It was also stated in the Report that the Reporter had given inadequate attention to:

(1) the status of previous planning permissions affecting the site, including the 1965 permission;

(2) mechanisms for controlling ballast water discharges; and

(3) the implications of the signed Section 50 Agreement.

The Report further highlighted that a considerable degree of uncertainty had been generated as a result of the long delay between the end of the Inquiry in June 1995 and the publication of the draft Part 1 Report and that this delay had not assisted local economic development.

It was emphasised that the submission of comments on the draft Part 1 Report did not afford the Comhairle the opportunity to present new evidence or arguments to the Reporter.

It was agreed that:

(1) the Director of Environmental Services be authorised to submit to the Reporter the comments by Mr John Marshall, formerly Assistant Director of Environmental Services, detailed at Appendix 1 of the Report by the Chief Executive and the Director of Environmental Services;

(2) the Director of Environmental Services be authorised to advise the Reporter that the Comhairle was concerned about the confusion caused by mixing her own conclusions with those of the Inquiry participants in her "Findings of Fact";

(3) the Director of Environmental Services be authorised to advise the Reporter that further clarification should be given to the status of the 1965 permission and to ballast water control methods; and

(4) the Director of Environmental Services be authorised to advise the Reporter of the Comhairle's concern to ensure that every effort was made to produce Part 2 as expeditiously as possible to remove the uncertainty hanging over the economy and people of Harris.

Mr Angus M Graham, seconded by the Chairman, moved that, in view of the serious economic decline which is ongoing in Harris and in light of the clear indication given in Part 1 of the Reporter's Inquiry Report, i.e., that some of the environmental concerns highlighted at the Inquiry will not have a detrimental effect on the amenity of Harris, that a Referendum be held in Harris as soon as practically possible and that a Report be brought to the next Policy and Resources Committee indicating how this can be achieved.

Mr Calum I Macmillan, seconded by Mr Frank S Burns, moved, as an amendment, that the Comhairle take no action on a further Referendum.

There being an equality in the voting, the Chairman gave his second and casting vote in favour of the Motion, which became the finding of the meeting and it was agreed to recommend accordingly.

Agricultural Building at 4 Leurbost, North Lochs, Isle of Lewis

DS21.01

86

The Director of Environmental Services submitted a Report concerning an application for planning permission for the erection of an agricultural building at 4 Leurbost, North Lochs, Isle of Lewis. It was indicated in the Report that the applicant, Mr Calum Mackinnon, 4 Leurbost, North Lochs, Isle of Lewis, was the husband of Mrs Mairi Mackinnon, Planning Officer, with the consequence that the application 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 the erection of an agricultural building at 4 Leurbost, North Lochs, Isle of Lewis, 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.

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(m), namely, that information, which if disclosed to the public, would reveal that the Comhairle proposed:

(1) to give, under any enactment, a Notice under, or by virtue of which, requirements are imposed on a person; or

(2) to make an Order or direction under any enactment.

Members of the Committee were afforded an opportunity to visit the site at Keith Street, Stornoway, Isle of Lewis.

Mr Callum I Macmillan, having declared an interest in the following matter, left the meeting during consideration of the item.

Unauthorised Development at Keith Street, Stornoway, Isle of Lewis

DS21.04

87*

The Director of Environmental Services submitted a Report concerning an unauthorised development at Keith Street, Stornoway, Isle of Lewis. The Report detailed the Scottish Office advice on enforcement and gave background information on the matter.

The Principal Planning Officer reported that a planning application had been submitted in respect of the unauthorised development at Keith Street, Stornoway, Isle of Lewis, and recommended that the Comhairle should defer taking enforcement action and that the planning application be considered in accordance with the Comhairle's Scheme of Administration.

It was agreed to recommend that the Comhairle should defer taking enforcement action in respect of an unauthorised development at Keith Street, Stornoway, Isle of Lewis, and that the planning application be considered in accordance with the Comhairle's Scheme of Administration.

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PRESENT	Mr Norman L Macdonald (Chairman)
	Mr Donald Maclean (Vice-Chairman)	Mr Frank S Burns
	Mr Alexander A Macdonald	Mr Callum I Macmillan
	Mr Angus M Graham	Mr Kenneth Mackay

APOLOGIES	Mr Roderick Morrison	Mrs Mary Bremner
	Mr Norman Macdonald	Capt Roderick Mackinnon

Development Services DS09.01	84	MINUTES The Minute of Meeting of 22 April 1998 was approved.
Comments on Lingerbay Part 1 Report DS21.19.02	85	DEVELOPMENT CONTROL With reference to item 68 of the Minute of Meeting of 22 April 1998, the Chief Executive and the Director of Environmental Services submitted a Report concerning the draft Part 1 Report on the Lingerbay Quarry Inquiry. Appended to the Report were comments by Mr John Marshall, formerly Assistant Director of Environmental Services and the Comhairle's principal witness at the Inquiry. The Report indicated that the approach taken by the Reporter in relation to "Findings of Fact", often seemed to contain her conclusions and judgements. It was also stated in the Report that the Reporter had given inadequate attention to: (1) the status of previous planning permissions affecting the site, including the 1965 permission; (2) mechanisms for controlling ballast water discharges; and (3) the implications of the signed Section 50 Agreement.
		The Report further highlighted that a considerable degree of uncertainty had been generated as a result of the long delay between the end of the Inquiry in June 1995 and the publication of the draft Part 1 Report and that this delay had not assisted local economic development.
		It was emphasised that the submission of comments on the draft Part 1 Report did not afford the Comhairle the opportunity to present new evidence or arguments to the Reporter.
		It was agreed that: (1) the Director of Environmental Services be authorised to submit to the Reporter the comments by Mr John Marshall, formerly Assistant Director of Environmental Services, detailed at Appendix 1 of the Report by the Chief Executive and the Director of Environmental Services; (2) the Director of Environmental Services be authorised to advise the Reporter that the Comhairle was concerned about the confusion caused by mixing her own conclusions with those of the Inquiry participants in her "Findings of Fact"; (3) the Director of Environmental Services be authorised to advise the Reporter that further clarification should be given to the status of the 1965 permission and to ballast water control methods; and (4) the Director of Environmental Services be authorised to advise the Reporter of the Comhairle's concern to ensure that every effort was made to produce Part 2 as expeditiously as possible to remove the uncertainty hanging over the economy and people of Harris.
		Mr Angus M Graham, seconded by the Chairman, moved that, in view of the serious economic decline which is ongoing in Harris and in light of the clear indication given in Part 1 of the Reporter's Inquiry Report, i.e., that some of the environmental concerns highlighted at the Inquiry will not have a detrimental effect on the amenity of Harris, that a Referendum be held in Harris as soon as practically possible and that a Report be brought to the next Policy and Resources Committee indicating how this can be achieved. Mr Calum I Macmillan, seconded by Mr Frank S Burns, moved, as an amendment, that the Comhairle take no action on a further Referendum.
		There being an equality in the voting, the Chairman gave his second and casting vote in favour of the Motion, which became the finding of the meeting and it was agreed to recommend accordingly.
Agricultural Building at 4 Leurbost, North Lochs, Isle of Lewis DS21.01	86	The Director of Environmental Services submitted a Report concerning an application for planning permission for the erection of an agricultural building at 4 Leurbost, North Lochs, Isle of Lewis. It was indicated in the Report that the applicant, Mr Calum Mackinnon, 4 Leurbost, North Lochs, Isle of Lewis, was the husband of Mrs Mairi Mackinnon, Planning Officer, with the consequence that the application 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 the erection of an agricultural building at 4 Leurbost, North Lochs, Isle of Lewis, 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.
		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(m), namely, that information, which if disclosed to the public, would reveal that the Comhairle proposed: (1) to give, under any enactment, a Notice under, or by virtue of which, requirements are imposed on a person; or
		(2) to make an Order or direction under any enactment. Members of the Committee were afforded an opportunity to visit the site at Keith Street, Stornoway, Isle of Lewis. Mr Callum I Macmillan, having declared an interest in the following matter, left the meeting during consideration of the item.
Unauthorised Development at Keith Street, Stornoway, Isle of Lewis DS21.04	87*	The Director of Environmental Services submitted a Report concerning an unauthorised development at Keith Street, Stornoway, Isle of Lewis. The Report detailed the Scottish Office advice on enforcement and gave background information on the matter. The Principal Planning Officer reported that a planning application had been submitted in respect of the unauthorised development at Keith Street, Stornoway, Isle of Lewis, and recommended that the Comhairle should defer taking enforcement action and that the planning application be considered in accordance with the Comhairle's Scheme of Administration.
		It was agreed to recommend that the Comhairle should defer taking enforcement action in respect of an unauthorised development at Keith Street, Stornoway, Isle of Lewis, and that the planning application be considered in accordance with the Comhairle's Scheme of Administration.
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