DEVELOPMENT SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 19 August 1998 at 2.00pm

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

Development Services DS09.01	113	MINUTES The Minute of Meeting of 10 June 1998 was approved.
Development Services Sub-Committee DS09.02	114	The Minute of Meeting of the Development Services Sub-Committee of 22 June 1998 was noted.
Member/Officer Working Group on Model Planning Conditions DS20.01	115*	The Minute of Meeting of the Member/Officer Working Group on Model Planning Conditions of 14 August 1998 was noted and the recommendations, as detailed in Appendix 1 to this Minute, recommended for approval.
Development Control: Performance and Delegation DS20.01	116*	CONSTITUTION With reference to item 57 of the Minute of Meeting of 11 March 1998, the Director of Environmental Services submitted a Report indicating that there had been an improvement in the performance of the Development Control function, against the Accounts Commission's performance indicators, since the implementation of the range of measures approved by the Comhairle at its meeting on 24 March 1998. The Report suggested that the range of decisions to be delegated to: (1) the Development Services Sub-Committee; and (2) the Director of Environmental Services;
		be increased, with a view to further improving Development Control performance. The Report commented on each proposed change to the Scheme of Delegation, in detail. The Report referred to the decision of the Comhairle that the Development Services Sub-Committee should operate using the Housing Sub-Committee as a model, in relation to the hearing of applicants and objectors on planning conditions and intimated that a Report would be submitted to the next meeting of the Committee outlining ways in which applicants and objectors would be given an opportunity to attend and address the Sub-Committee. The Report highlighted the need to ensure that the operation of the Development Control function was continuously improved and modified in order to ensure the best possible performance in relation to the Accounts Commission's indicators.
		It was agreed to recommend that: (1) the Director of Corporate Services be authorised to amend the Scheme of Administration, on the basis that it would be delegated to the Development Services Sub-Committee to: (a) determine applications for planning permission or advertisement consent relating to listed buildings in conservation areas; (b) determine the view of the Comhairle on a Notice of Intention to Develop, Notice of Proposed Development, or any other statutory consultation which could not be dealt with by the Director of Environmental Services under the terms of the Scheme of Delegation; and (c) determine applications for Certificates of Lawfulness; and (2) the Director of Corporate Services be authorised to amend the Scheme of Delegation to allow the Director of Environmental Services to: (a) refuse applications where insufficient information had been submitted to allow an application to be determined in the statutory two month period, provided that the applicant's right of re-submission, without having to pay a further planning fee, was not prejudiced; (b) determine minor amendments to permissions already granted to a Member or Officer of the Comhairle; and
		(c) refer Notices of Intention to Develop directly to the Secretary of State where objections had been received and where it was clear that such objections had already been addressed by the Comhairle, or such objections were not valid planning reasons.
First Quarter Revenue Out-Turn 1998/99: European and Development Services PR110.08.13	117	FINANCE The Head of European and Development Services submitted a Report setting out the pattern of actual expenditure as against budgetary expenditure for the period 1 April 1998 - 30 June 1998. It was agreed to note the Report.
First Quarter Revenue Out-Turn 1998/99: Fishery Piers PR110.08.13	118	The Director of Technical Services submitted a Report setting out the pattern of actual expenditure as against budgetary expenditure for the period 1 April 1998 - 30 June 1998. It was agreed to note the Report.
First Quarter Revenue Out-Turn 1998/99 PR110.08.13	119	The Director of Environmental Services submitted a Report setting out the pattern of actual expenditure as against budgetary expenditure for the period 1 April 1998 - 30 June 1998. It was agreed to note the Report.
Non-Housing Capital Monitoring: 1 April to 30 June 1998 PR110.01	120*	The Director of Finance Submitted a Report concerning the Programme of Capital Expenditure for the Comhairle for the period 1 April 1998 to 31 March 1999 for all services, except the Housing Revenue Account. The Report detailed the approved expenditure and estimated out-turn expenditure for the financial year 1998/99 for each Service. It was noted in the Report that the forecast out-turn for 1998/99 was £47,000 above the total capital consent figures which was within the upper tolerance levels of the Comhairle's consent, but would reduce the resources available in subsequent financial years. Details of the capital programme, together with proposed revisions were appended to the Report.
		It was agreed to recommend that the Chief Executive and Heads of Service be authorised to implement the Programme of Capital Expenditure for 1998/99, on the basis of the revised forecast out-turn detailed in the Report by the Director of Finance.
Criteria for Expenditure of European and Development Services Budgets DS40.01	121*	ECONOMIC DEVELOPMENT The Chief Executive submitted a Report setting out a range of criteria against which all future expenditure of European and Development Services budgets would be assessed. It was indicated in the Report that previously expenditure of Economic Development budgets had been on a more "ad hoc" basis than that which was now envisaged and that, in future, all projects which sought funding from European and Development Services budgets would have to demonstrate clear economic development benefits for industries, namely: fishing; fish farming; seaweed; tourism; crofting; oil; textiles; crafts; information, communications and technology (ICT); media/broadcasting/film services; engineering and construction.
		The Report emphasised that the proposed changes for assessing projects and proposals would give the Comhairle "Best Value" for expenditure on European and Development Services budgets.
		It was agreed to recommend that the Chief Executive be authorised to apply the following criteria to requests for European and Development Services funds: (1) provide additional employment opportunities; (2) be of direct benefit to one of the industries of na h-Eileanan an Iar; (3) initiate or increase the production of a product or service which could be exported from the Islands or which could substitute for currently imported ones; (4) promote the economy of na h-Eileanan an Iar, its industries, businesses and individuals which were, or would create, any of the above;
		(5) create clear economic outputs which would result from expenditure; (6) create added value to currently produced products and services; (7) improve workforce skills and/or develop people's ability to create added wealth; (8) lever other public/private funds; and (9) promote community confidence.
Western Isles Oil Group DS02.39	122*	The Chief Executive submitted a Report giving details of the activities undertaken by the Western Isles Oil Group. The Report referred to the increased oil exploration which had taken place in the "Atlantic Margin" and the close contact which the Group had maintained with the main oil exploration companies, sub-contractors and service companies, with a view to securing the maximum use of the assets of na h-Eileanan an Iar. The Report detailed the budget for the Western Isles Oil Group for 1998/99, as follows: Expenditure Co-ordinator £4,000 Exhibitions £11,500 Printing/Advertising £8,000 Familiarisation Visits to the Islands by Oil Companies £4,000 Travel and Accommodation £1,500 Accountancy £200 Contingency £1,000 TOTAL £30,200
		Income Stornoway Pier and Harbour Commission £2,500 Lewis Offshore Limited £2,500 Stornoway Trust £2,500 Ordinary Membership Fees £2,500 Western Isles Enterprise £10,000 Comhairle nan Eilean Siar £5,000 Private Sponsorship £3,000 TOTAL £28,000 (Shortfall to be met utilising funds from previous years).
		It was suggested that the Comhairle should contribute £5,000 to the Group and that this level of funding met the criteria of expenditure from European and Development Services budgets. It was agreed to recommend that the Comhairle: (1) note the Report; and (2) authorise the Chief Executive to contribute a grant of £5,000 to the Western Isles Oil Group to assist it to market na h-Eileanan an Iar, on the basis of the sum involved being met from provision within the Revenue Estimates for Development Services (Promotion and Marketing) for 1998/99.
Scottish Highlands and Islands Film Commission (Coimisean Fiolm Na Gaidhealtach nan Eilean Alba) DS40.01.10	123*	With reference to item 65 of the Minute of Meeting of 12 March 1997, the Chief Executive submitted a Report giving details of the activities of the recently established Scottish Highlands and Islands Film Commission. It was stated in the Report that the Commission had established a good liaison with Studio Drama Gaidhlig, to promote film and media facilities in na h-Eileanan an Iar. The Report commented on the importance of the film and media industry in relation to the creation of employment opportunities and, in particular, referred to the number of jobs which had been created by: Eolas; Media nan Eilean; The National Gaelic Arts Project; Lews Castle College; The University of the Highlands and Islands; and further referred to the decision of the Scottish Media Group to locate all Gaelic TV programmes at the facility at Seaforth Road. Full details of the budget of the Commission were given in the Report, as follows: Expenditure Photographic Library £1,500 Marketing £27,000 Familiarisation Visits £7,000 Training £5,800 Miscellaneous £3,700 TOTAL £45,000 It was suggested in the Report that it would be appropriate for the Comhairle to contribute £1,000 towards meeting the costs of the Commission on the basis of the balance of funding for the Commission being as set out in the Report. The Report also referred to a proposal by the Highland Council to undertake a study which would identify products and services used by film, television and related productions, with a view to ensuring that such services were provided by businesses based in the Highlands and Islands. It was indicated that the estimated cost of the study was £10,000 and that it would be appropriate, in light of the fact that expenditure on this project would meet the criteria used for assessing expenditure on economic development related projects, to make a contribution to the economic study of the potential for import substitution by local businesses involved in the film and media industry.
		It was agreed to recommend that: (1) the Director of Corporate Services be authorised to inform the Scottish Highlands and Islands Film Commission that the Comhairle would continue its membership of this inter-authority partnership; (2) the Chief Executive be authorised to make a contribution of £1,000 to the Scottish Highlands and Islands Film Commission; (3) the Director of Corporate Services be authorised to inform the Scottish Highlands and Islands Film Commission that the Comhairle had nominated the Chairman, or his nominee, to serve on the Commission; and
		(4) the Chief Executive be authorised to make a contribution of £500 to the economic study of the potential for import substitution by local businesses involved in the film and media industries. It was further agreed to recommend that the Chief Executive be authorised to submit a bid for European Social Funding, if appropriate, to undertake a marketing initiative to utilise the facilities at Studio Drama Gaidhlig.
Iomairt Nis Limited: Funding DS40.67	124*	The Chief Executive submitted a Report concerning proposals for funding Iomairt Nis Ltd, a local rural partnership established to promote economic and social development in the Ness district of Lewis. It was indicated in the Report that Iomairt Nis Ltd had successfully attracted rural partnership funding in the sum of £50,499 from the Scottish Office for the three year period 1998/99 - 2000/01 on the basis that funding from the Scottish Office would reduce year by year throughout the period. The Report gave details of the work undertaken by Iomairt Nis Ltd and, in particular, referred to the establishment of the Ness Development Centre and the Ness Learning Centre. It was intimated in the Report that there was a clearly identified need for Iomairt Nis Ltd to recruit staff in order to maximise the likelihood of Iomairt Nis Ltd establishing income generating projects which could be used to offset reductions in the Scottish Office funding. The Report further referred to the Comhairle's contribution towards Iomairt Nis Ltd and indicated that any enhanced grant in years 2 and 3 of the rural partnership funding period, would be considered in the context of the preparation of the appropriate Revenue Estimates.
		It was agreed to recommend that the Chief Executive be authorised to make a grant of £2,000 to Iomairt Nis Ltd towards their matching funding requirements for 1998/99, on the basis of the cost involved being met from provision within the Revenue Estimates for Development Services (Community Initiatives) for 1998/99.
Seaweed Industry: Market Research DS40.04.22	125*	The Chief Executive submitted a Report referring to the decision by Kelco Nutrasweet that the Company would no longer be willing to purchase wet seaweed product from na h-Eileanan an Iar due to: (1) variances in quality caused by transportation of the wet weed; and (2) the expense of processing wet, as compared to dry weed, which was available from other sources. The Report emphasised the extremely negative impact of Kelco Nutrasweet's decision for the Uists economy which produced some 7,000 tonnes of seaweed annually. It was indicated that, following meetings between Highlands and Islands Enterprise, Western Isles Enterprise and the Comhairle, at Officer level, and in light of Kelco Nutrasweet's statement that the Company would consider buying seaweed from the Uists in the future if it were dried, it was proposed to undertake 2 studies as follows: (1) a technical assessment of the Capital and Revenue and employment opportunities associated with seaweed drying facilities in the Uists on the basis of such a study costing approximately £25,000; and
		(2) a further market research study which would complement the technical assessment and which would ascertain the demand for different types of seaweed from all sources and the current and potential future supply world-wide. The study would detail seaweed structure, volume and value, dynamics of different varieties and their uses, the different processes required for these difference uses, key trends and areas of potential developments and was estimated to cost £10,000. Details of the proposed funding for both studies were outlined in the Report and it was anticipated that the market research study would be completed by mid October 1998. It was recommended in the Report that the Chief Executive be authorised to contribute £10,000 to the market research study into the demand and supply of seaweed as it pertains to the Uists.
		It was agreed to recommend approval of the recommendation detailed in the Report and that a Member/Officer Working Group be established to consider, as a matter of urgency, all matters relating to the future of the seaweed industry in na h-Eileanan an Iar, on the basis that the Member/Officer Working Group would comprise the following membership: Mr Donald Mackay, Convener; Mr Norman L Macdonald, Chairman Development Services Committee; Mrs Christina McNeill, Member for the Paible Ward; Mr Donald Maclean, Member for the Lochmaddy Ward; Mr Colin Campbell, Member for the Benbecula Ward; Mrs Mary Bremner, Member for the Iochdar Ward; Mr David Blaney, Member for the Lochboisdale Ward; and Officers to be determined by the Chief Executive. 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.
Community Appraisals DS40.33	126*	The Chief Executive submitted a Report concerning an application from the Carloway Community Appraisal Steering Group for funding towards the cost of carrying out an appraisal of households in the Carloway area. It was indicated in the Report that the cost of undertaking the Carloway Community Appraisal was estimated in the sum of £10,000 on the basis of the anticipated funding for the project being as follows: LEADER II £5,000 Western Isles Enterprise £2,000 Comhairle nan Eilean Siar £2,000 Western Isles Health Board £1,000 TOTAL £10,000 It was suggested in the Report that the Comhairle's contribution should be paid in two instalments, with the first being paid on confirmation of the appropriate financial contribution from the funding agencies identified in the Report and the second contribution being paid on receipt of the final Report on the findings of the appraisal.
		The Report indicated that the Comhairle had been requested to make financial contributions towards a number of Community Appraisals and that such Appraisals provided an opportunity for communities to highlight what they regarded to be the main opportunities, threats and issues in their area. It was indicated that the level of participation in Community Appraisals was particularly high, reflecting a strong commitment from communities to be involved in local decision-making. It was suggested that, in future, the Comhairle's funding for Community Appraisals should be on the basis of 20% of total project cost and 30% in the Iomairt air an Oir areas, subject to the Chief Executive being satisfied that a fairly recent application had been made and to the availability of funding.
		It was agreed to recommend that: (1) the Chief Executive be authorised to approve the application for assistance of £2,000 towards carrying out a Carloway Community Appraisal, on the basis of 50% being paid on receipt of confirmation that the full funding package was in place and the remaining 50% on receipt of the completed Report; and (2) the Chief Executive be authorised to fund future Community Appraisals on the basis of 20% of total project cost, 30% in the designated Iomairt air an Oir areas, subject to availability of matching funding with the payment of assistance being made in two instalments, the first on receipt of confirmation of the full funding package being in place and the balance on receipt of a completed Report deemed to be satisfactory by the Chief Executive.
Minch Forum DS40.04.33	127*	The Chief Executive submitted a Report outlining proposals to reconstitute the Minch Forum. The Report gave background information on: (1) the Minch Forum, which had discussed key issues pertaining to the Minch in an effort to establish joint positions, approaches and policies, amongst its member organisations, namely, Highland Council, Scottish Natural Heritage, the HIE network and the Comhairle; and (2) the Minch Project, which was funded from Objective 1 funding and matching funding from the Project's partner organisations to progress the projects which had formed part of the Objective 1 funding applications. The Report referred to the desire by the Minch Forum to broaden its membership base and develop close links with the Minch project and indicated that it was proposed that the Minch Forum should be reconstituted and launched in Autumn 1998, following a meeting of around 120 people, representing a wide range of organisations with an interest in the Minch, at which the proposed remit and membership of the Minch Forum would be discussed.
		It was suggested in the Report that it would be appropriate for the Comhairle to offer £500 towards the costs associated with the above-mentioned meeting, on the basis that a further Report would be submitted to the Committee on the Comhairle's future involvement in the Minch Forum.
		It was recommended in the Report: (1) the Chief Executive be authorised to make a contribution of £500 from the provision within the Revenue Estimates for Development Services (LEADER) for 1998/99 towards the costs of the proposed meeting to reconstitute the Minch Forum; (2) the Comhairle nominate appropriate representatives to attend the meeting on behalf of the Comhairle; and (3) a Report on the Comhairle's future involvement in the New Minch Forum be submitted to the Committee after the proposed meeting. It was agreed to recommend that: (1) the Chief Executive be authorised to make a contribution of £500 from the provision within the Revenue Estimates for Development Services (LEADER) for 1998/99 budget towards the costs of the proposed meeting to reconstitute the Minch Forum which would be held in Skye in September 1998; (2) all Members of the Comhairle who had received an invitation to attend the meeting concerning the future of the Minch Forum, be authorised, as an approved duty, to attend a meeting in Skye for this purpose in September 1998; and (3) the Chief Executive be requested to submit a Report on the Comhairle's future involvement in the New Minch Forum to the Committee after the meeting in Skye in September 1998.
		The Chairman, having declared an interest, left the meeting during consideration of the following item.
Petrol Prices and Rural Filling Stations CH02.04.05	128*	With reference to item 51 of the Minute of Meeting of the Environmental Services Committee of 10 June 1998, the Chief Executive circulated a letter from Drew Ratter, Chairman Development Services Committee, Shetland Islands Council, dated 11 August 1998, concerning taxation of road fuels and the rate of air passenger duty (APD). It was agreed to recommend that the Chief Executive be authorised to make representations to the appropriate European Institutions, including the Committee of the Regions, seeking measures to reduce fuel prices, in light of the negative economic impact of high fuel prices on the economy of na h-Eileanan an Iar.
Museum Service: Year of Norse: Year of Gaelic AL09.01	129	TOURISM The Principal Administrative Assistant sought and obtained the Chairman's permission to withdraw this item.
Western Isles Abattoir Facilities DS40.42	130*	CROFTING Mr Angus M Graham and Mr Alexander A Macdonald, having declared an interest, left the meeting during consideration of the following item. The Chief Executive submitted a Report regarding a review of the provision of support to Abattoir facilities in na h-Eileanan an Iar. Details of the facilities were set out in the Report, together with an outline of the financial support made available to each operator in 1997/98. It was noted that the current contracts for support to abattoir facilities in Stornoway, Tarbert and Lochmaddy were due to expire at the end of the current financial year. It was suggested that this provided an opportunity to improve the co-ordination of support to abattoirs in na h-Eileanan an Iar.
		It was recommended in the Report that the Comhairle determine: (1) to make a grant towards operating costs of the four Abattoirs, for a three year period, terminating in March 2002, on condition that the level of grant paid did not exceed the ceiling levels of the current agreements as detailed in the Report; (2) to grant assistance to Lochmaddy Slaughterhouse, Harris Slaughterhouse and Meat services and Barra Slaughterhouse, being conditional on the submission of evidence of income and expenditure to the satisfaction of the Director of Finance; (3) to grant assistance to Heather Isle Meats Ltd to be paid in quarterly instalments, conditional on the submission of detailed annual audited accounts to the satisfaction of the Director of Finance, on condition that Heather Isle Meats Ltd utilises income from the new meat wholesaling venture to cover future operating costs associated with slaughtering; (4) to inform Heather Isle Meats Ltd that requests for funding in excess of the limit detailed in the Report should form a separate application outwith the current three year agreement; (5) that all agreements be subject to other terms and conditions as the Director of Corporate Services and the Director of Finance may require to protect the Comhairle's interests. Mr Callum Iain Macmillan, seconded by Mr Colin Campbell, moved approval of the recommendations detailed in the Report, subject to: (1) the grant towards the operating costs of the four Abattoirs being for a two year period, terminating in March 2001, on condition that the level of grant paid did not exceed the ceiling levels of the current agreements as detailed in the Report by the Chief Executive; and (2) all financial assistance to the Abattoirs detailed in the Report being on the basis of quarterly instalments, if requested. The Chairman, seconded by Mr Donald M Mackay, moved, as an amendment, approval of the recommendations detailed in the Report by the Chief Executive, subject to all financial assistance to the Abattoirs, detailed in the Report, being on the basis of quarterly instalments, if requested.
		On the matter being put to the vote, the Motion received the majority of votes cast and it was agreed to recommend accordingly.
Programme and Progress T07.01	131	FISHERIES AND FISHERY PIERS The Director of Technical Service 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.
Tender Monitoring DS65.02.01	132	The Director of Technical Services submitted a Report detailing the tender amounts, actual costs to June 1998 and projected final costs on those Fishery Pier Schemes, tender prices for which were in excess of £75,000. The Director of Technical Services reported that a detailed Report in respect of the costs incurred in relation to: (1) Brevig Harbour - Improvements to Harbour Entrance; and (2) Ardveenish Pier - Berthing Face Extension; would be submitted to the next meeting of the Committee. It was agreed to note the Report.
		The Chairman ruled, in accordance with the provision 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 or urgency in order to allow the Committee to take a view on the matter.
Infectious Salmon Anaemia CH03.06.09	133	The Director of Environmental Services submitted a Report concerning Infectious Salmon Anaemia (ISA). ISA was a contagious viral disease affecting farmed Atlantic salmon that was found in Scotland for the first time in May 1998. ISA was a notifiable disease under EU Fish Health Legislation and Atlantic salmon was the only species known to be susceptible. The Legislative and practical controls were the responsibility of the Scottish Office Marine Laboratory in Aberdeen and the Comhairle had no locus in the issue other than its serious concerns about the potential economic effect on the fish farming industry in the na h-Eileanan an Iar. It was agreed to note the Report.
Manufacture of Concrete Products, Claypark, Garrabost: Certificate of Lawfulness DS21.23	134	DEVELOPMENT CONTROL The Director of Environmental Services submitted a Report concerning an application for Certificate of Lawfulness for the manufacture and storage of concrete products on land adjacent to 20 Claypark, Garrabost, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received. It was recommended in the Report that the application for Certificate of Lawfulness for the manufacture and storage of concrete products on land adjacent to 20 Claypark, Garrabost, Isle of Lewis, be refused in terms of the draft Decision Notice shown at Appendix 1 to the Report by the Director of Environmental Services. In order to give time to consider properly a submission received on 19 August 1998 of substantial comments by the applicant, it was agreed that the Director of Environmental Services be requested to submit a Report on the application for Certificate of Lawfulness for the manufacture of concrete products, Claypark, Garrabost, Isle of Lewis, to a special meeting of the Committee to be held on the evening of Monday, 31 August 1998.
Leverburgh Waterfront Planning Brief DS40.01.06	135*	With reference to item 105 of the Minute of Meeting of 23 April 1997, the Chief Executive submitted a Report concerning proposals to revise the Leverburgh Waterfront Planning Brief in light of changes in circumstances which had occurred since the Brief was approved by the Comhairle in May 1997, namely: (1) approval of a detailed planning application for the development of a Hotel in the area covered by the Brief; (2) the failure of the Objective 1 bid to secure additional funding for a comprehensive development project; (3) the scaling down and refocusing of £64,000 of funding available between the Comhairle and Western Isles Enterprise for stockproofing, environmental improvements and berthing improvements in 1998/99 and the £150,000 available for works in 1999/2000; and (4) the completion of the cafe/restaurant, The Anchorage.
		Appended to the Report was a revised Leverburgh Waterfront Planning Brief and it was stated in the Report that the strategy and proposals contained in the original Brief had not been significantly altered. It was stated in the Report that it was not considered necessary to publish the revised Leverburgh Waterfront Planning Brief for public consultation for the reasons set out in the Report.
		It was agreed to recommend that the Comhairle approve the revised Leverburgh Waterfront Planning Brief as supplementary planning advice for the purposes of Development Control.
Planning Powers for Marine Fish Farms DS40.04.02	136*	The Director of Environmental Services submitted a Report giving details of proposals for the conferral of interim planning powers to Local Authorities regarding Marine Fish Farms. It was stated in the Report that, until full planning powers were given to local authorities, the Government had proposed interim procedures for Marine Fish Farming, details of which were appended to the Report. It was suggested that, whilst the Comhairle should welcome the move towards local authorities being given full planning powers below the low water mark, it would be appropriate to raise with the Secretary of State, the concerns and uncertainties associated with the proposed interim procedures on the basis detailed in the Report.
		It was agreed to recommend that: (1) the Director of Environmental Services be authorised to advise the Scottish Office that the Comhairle welcomed the proposed interim procedures for Marine Fish Farming, in principle, subject to consideration being given to the consequent resource implications which would face planning authorities; and (2) the Director of Environmental Services be authorised to advise the Secretary of State that the Comhairle desired to see primary legislation introduced, as soon as possible, into the new Scottish Parliament to allow full extension of planning authority powers below the low water mark.
Re-build Black Houses, Gearrannan, Isle of Lewis DS21.01	137	PLANNING APPLICATIONS The Director of Environmental Services submitted a Report concerning an application for planning permission and for listed building consent for the re-building of black houses at Gearrannan, Isle of Lewis. 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 grant planning permission for the re-building of black houses at Gearrannan, Isle of Lewis, on the terms detailed in the draft Decision Notice appended to the Report and subject to the Comhairle's Scheme of Delegation; and (2) the Director of Environmental Services be authorised to advise the Secretary of State that the Comhairle intends to grant listed building consent in terms of the draft Decision Notice detailed at Appendix 2 to the Report. 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.
Night Club, Disco and New Flat: 25 South Beach Street, Stornoway, Isle of Lewis DS21.01	138*	The Director of Environmental Services submitted a Report concerning an application for planning permission to extend and form a Night Club and Disco at first floor level and provide a new flat at second floor level at 25 South Beach Street, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received. It was recommended in the Report that planning permission to extend and form a Night Club and Disco at first floor level and provide a new flat at second floor level at 25 South Beach Street, Stornoway, Isle of Lewis, be approved 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 Vice-Chairman, seconded by Mr Kenneth Mackay, moved that planning permission to extend and form a Night Club and Disco at first floor level and provide a new flat at second floor level at 25 South Beach Street, Stornoway, Isle of Lewis, be refused for the following reasons: (1) the design elements were not in keeping with the Stornoway Conservation Area; and (2) the increase in both vehicular and pedestrian traffic would adversely affect road and pedestrian safety in the vicinity. The Chairman, seconded by Mr Colin Campbell, moved as an amendment, approval of the recommendation detailed in the Report. On the matter being put to the vote, the Motion received the majority of votes cast and it was agreed to recommend accordingly.
Shop to Public Library: 15 Cromwell Street, Stornoway, Isle of Lewis DS21.01	139	The Director of Environmental Services submitted a Report concerning an application for planning permission for the change of use of 15 Cromwell Street, Stornoway, Isle of Lewis, from a shop to public library. The Report gave background information, commented on the application and indicated that a representation had been received. It was agreed to recommend that the Director of Environmental Services be authorised to grant planning permission for change of use from shop to public library at 15 Cromwell Street, Stornoway, 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.
		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.
		Mr Callum Iain Macmillan, having declared an interest, left the meeting during consideration of the following item.
Storage Racks and Store at Keith Street, Stornoway, Isle of Lewis DS21.01	140*	The Director of Environmental Services submitted a Report concerning an application for retrospective consent for the erection of two storage racks and a store to the rear of D & M Smith's, Keith Street, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that a representation had been received.
		It was agreed to recommend that the Director of Environmental Services be authorised to grant retrospective consent for the erection of two storage racks and a store to the rear of D & M Smith's, Keith Street, Stornoway, Isle of Lewis, on the basis of the terms detailed in the draft Decision Notice appended to the Report.
		The Chairman, having declared an interest, left the meeting during consideration of the following item.
Erect Shed at Meavaig Hatchery, South Harris DS21.01	141	The Director of Environmental Services submitted a Report concerning an application for planning permission for the erection of a shed at Meavaig Hatchery, Meavaig, South Harris. 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 a shed at Meavaig Hatchery, Meavaig, South Harris 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.
Re-develop Existing Hotel at Rodel, Isle of Harris DS21.01	142	The Director of Environmental Services submitted a Report concerning an application for planning permission for the re-development of the existing buildings at Rodel Hotel, Rodel, Isle of Harris. 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 redevelopment of existing buildings at Rodel Hotel, Rodel, Isle of Harris, 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.
Fire Training Module at Ardmhor, Barra DS21.01	143	The Principal Administrative Assistant sought and obtained the Chairman's permission to withdraw this item, having been advised by the applicants, Highlands and Islands Airports Limited, that they had withdrawn their application for planning permission.
EC Birds and Habitats Directive DS61.15	144	CONSERVATION The Chief Executive submitted a Report giving details of proposals to designate Mointeach Scadabhaigh (formerly Loch Scadavay) Site of Special Scientific Interest (SSSI) a Special Protection Area (SPA) for Wild Birds under the EC Birds Directive. It was further indicated in the Report that there was the possibility of designating part of the site as a Special Area of Conservation (SAC) under the EC Habitats Directive. The Report commented on the proposals and gave details of the public consultation undertaken by SNH. It was further indicated that the Local Plan identified Mointeach Scadabhaigh as an SPA, although, the area had not been identified as a possible SAC. It was stated in the Report that the proposed SPA and SAC designations should not involve any major changes to the existing SSSI arrangements.
		It was agreed to recommend that the Chief Executive: (1) be authorised to inform SNH that the Comhairle had no objections in respect of the proposed Mointeach Scadabhaigh Special Protection Area or the possible Mointeach Scadabhaigh Special Conservation Area; and (2) advise SNH of any extant planning permissions and analogous consents which may affect the proposed Special Protection Area. 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 submit comments to Scottish Natural Heritage by 7 September 1998, on the basis that the recommendation was not contentious and did not breach a major policy position of the Comhairle.
1998/99 Contribution to Stornoway Town Scheme DS61.15	145*	The Director of Environmental Services submitted a Report regarding proposals to access funds made available annually by Historic Scotland to the Stornoway Town Scheme. It was stated that Historic Scotland had offered £10,000 towards the Stornoway Town Scheme for 1998/99, but no provision for matching funding had been made in the Comhairle's three year Capital Programme. It was proposed that, in order to enable access to the funds offered by Historic Scotland and to maximise the funding available for the Scheme, an appropriate sum be transferred from the provision for House Repairs and Improvement Grants to provide the matching funding required in respect of the projects.
		It was agreed to recommend that: (1) the Director of Environmental Services be authorised to use the programme approved for Housing Grants to meet any contribution from Historic Scotland for the improvement of buildings in Stornoway's Outstanding Conservation Area; and (2) it be delegated to the Director of Environmental Services to vire funding from the Housing Grants Programme to match the contribution from Historic Scotland to the Stornoway Town Scheme.
Reports Outstanding PR33.01.12	146	The Director of Corporate Services submitted a Report detailing the Reports outstanding from decision of the Committee since 1 May 1994. It was agreed to note the Report.
Review of Committee Business PR33.01.12	147*	With reference to item 28 of the Minute of Meeting of 28 January 1998, the Director of Corporate Services submitted a Report recording the decisions of the Development Services Committee from January 1998 to June 1998. 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 Comhairle's decisions. It was agreed to note the Report, on the basis that those decisions which had been allocated to the Director of Environmental Services for implementation, had been completed. Arising out of consideration of this item, it was agreed to recommend that the Chief Executive be authorised to seek information from the Scottish Office Industry Minister, in relation to the latest position on the creation of jobs at the Gleann Seileach Business Park.
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APPENDIX 1

MODEL PLANNING CONDITIONS MEMBER/OFFICER WORKING GROUP

Minute of Meeting held in the Council Offices, Stornoway, on Friday, 14 August 1998 at 2.30pm

PRESENTMr Norman L Macdonald (Chairman)
	Mr Alexander A Macdonald	Mr Alastair Banks
	Mr Roderick J Murray	Mr Tony Payne
	Mr Roderick Morrison	Ms Lesley McDonald
	Mr Hamish Fraser	Mr Nick Fraser
	Mr Alex J Macleod	Mr Gordon Frith
APOLOGIES	Mr Donald Maclean

Minute of Meeting of 26 February 1998		MINUTES The Minute of Meeting of 26 February 1998 was approved.
Model Planning Conditions		MODEL PLANNING CONDITIONS The Director of Environmental Services submitted a Report referring to the decision of the Member/Officer Working Group to give further and more detailed consideration to the Model Planning Conditions and to consider the possibility of visiting other Planning Authorities to establish how they dealt with planning applications and the enforcement of conditions. Appended to the Report were: (1) Model Planning Conditions; (2) Comments by Mr Alexander A Macdonald; and (3) Development Control Enforcement Policy. It was emphasised in the Report that the Scottish Office had issued new guidance on planning conditions which supported the discretionary use of Model Conditions. After consideration of the Model Planning Conditions and the importance of ensuring that any conditions were appropriately enforced, it was agreed to recommend that: (1) the Model Planning Conditions, as detailed in the Report by the Director of Environment Services, their dynamic nature and the context of their proposed use, be recommended for approval; and
		(2) the Director of Corporate Services be authorised to invite the Procurator Fiscal and a representative of the Scottish Office Inquiry Reporter's Unit, to a future meeting of the Model Planning Conditions Member/Officer Working Group, to discuss the issues relating to the enforcement of planning conditions, particularly in those cases where developers appeared to ignore conditions attached to a particular development, on the basis that all Members of the Development Services Committee be invited to attend the meeting at which the Procurator Fiscal and a representative of the Scottish Officer Inquiry Reporter's Unit, would be present.
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