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MINUTES
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Environmental Services Committee
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1
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The Minutes of
Meetings of 27 August 2003 and 3 September 2003 were approved, subject
to the following amendment to the Minute of Meeting of 3 September 2003.
after “The
Meeting reconvened at 20 North Shawbost, Isle of Lewis…..Mr Alex A
MacDonald”, insert “Mr Keith Dodson”.
after “The
Meeting reconvened at Traigh Sandaigh, Ness…..Mr Alex A MacDonald”, insert
“Mr Keith Dodson”.
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FINANCE
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General Fund Capital Programme 2004-2008
PR110.00
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2
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The Director of Finance submitted a Report
updating Members on developments in the existing and proposed Capital
Programme and recommending a revised timetable for setting the Capital
Programme for 2004-2008.
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It was
agreed to recommend approval of the recommendations detailed in the Report by
the Director of Finance concerning the General Fund Capital Programme
2004-2008, insofar as the Committee’s interests were concerned.
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The Chairman ruled that in accordance with
the provision of Section 50(B) 4 of the Local Government (Scotland) Act 1973,
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 its next meeting.
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General Fund Capital Programme 2003/04:
Additional Projects
PR110.01
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3
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The Director
of Finance submitted a Report detailing the latest position with regard to
the inclusion of additional capital projects within the Capital Programme
2003/04.
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It was agreed to recommend that no
further projects be added to the Capital Programme for 2003/04 at this point
in the year, insofar as the Committee’s interests were concerned.
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Use of Revenue Carry Forward from 2002/2003
PR110.08
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4
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The Director for Sustainable Communities
submitted a Report detailing proposals to utilise revenue funding carried
forward from 2002-03 from the Sustainable Communities portfolio of services.
The Comhairle had indicated that the first call on those sums should be for
office accommodation for the Lifelong Learning “One-Stop Shop”. The
capitalisation of that project has allowed for the use of the Revenue Carry
Forward to be reconsidered.
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It was agreed to recommend approval of
the allocation of revenue funds carried forward from the financial year
2002-03, from the combined budgets for the Department of Sustainable
Communities to the services and in the sums detailed in the Appendix to the
Report.
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Outcomes of Environmental Services
Committee Seminar: 23 September 2003
CH02.07
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5
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The Director of Corporate Services and the
Director for Sustainable Communities submitted a Report outlining the major
issues and policy themes which had been considered at the Environmental
Services Seminar held on 23 September 2003.
It was agreed to recommend that:
(1)
the Environmental Services Policy
themes, set out in Appendix 1 of the Report, be adopted by the Comhairle and
used, as appropriate, to prepare the Corporate Plan, and;
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(2)
the Director for Sustainable Communities
be requested to draw up practicable goals for these Policy themes, where
relevant, for consideration by the Committee, to form Key Tasks for
completion within the term of this Comhairle.
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Removal of Legal Impediments to
E-Planning
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6
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The
Director for Sustainable Communities submitted a Report intimating that the
Scottish Executive was undertaking a consultation exercise on a Draft Order
that was intended to enable certain planning procedures to be made available
by electronic means. It was emphasised in the Report that the existing
paper-based system would continue to operate for as long as those engaging in
the system wished to use it. It was further intimated in the Report that
certain exemptions would apply to the use of electronic communications, for
example, the service of enforcement notices and stop notices. It was further
stated that it was not intended to permit the notification of neighbours,
owners and agricultural tenants by electronic means.
The
Report concluded that the implications associated with the draft Town and
Country Planning (Electronic Communications) (Scotland) Order would be
generally positive and that savings would result in terms of time, postage
and paper costs. The Report detailed at Paragraphs 8.1-8.13 the proposed
basis of a response by the Comhairle to the Scottish Executive concerning the
removal of legal impediments to E-planning.
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It was agreed to recommend that the
comments contained in Paragraphs 8.1-8.13 of the Report should form the basis
of the response of the Comhairle to the Scottish Executive, concerning the
removal of legal impediments to E-planning.
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Extend
Hotel at Whalers Rest, 14 Francis Street, Stornoway
DS21.01
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7
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The Director for Sustainable Communities
submitted a Report concerning an application for planning permission to
extend the hotel at the Whalers Rest, 14 Francis Street, Stornoway, to create
14 new bedrooms and a new restaurant/functions area. The Report gave
background information, commented on the application and indicated that
representations had been received.
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It was recommended in the Report that the
Director for Sustainable Communities be authorised to grant planning
permission for an extension to the hotel at the Whalers Rest, 14 Francis Street, Stornoway, Isle of Lewis, to create 14 new bedrooms and a new
restaurant/functions area, subject to the conditions detailed in Appendix 1
of the Report.
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The Chairman
declared an interest in the following item and left the Meeting during
consideration of the matter.
Mr Norman A
Macdonald, a non-Member of the Committee, declared an interest in the
following item and left the Meeting during consideration of the matter.
Mr Murdo
Macleod, a non-Member of the Committee, declared an interest in the following
item and left the Meeting during consideration of the matter.
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Extend
Yard Area to form extra Parking and Storage Area, Angus Macdonald Plant Hire,
52 Seaforth Road, Stornoway, Isle of Lewis
DS21.01
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8
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that the Director for Sustainable
Communities be authorised to take Enforcement Action to secure either the
removal of the existing deposited material and the re-instatement of the land
to its former condition, or its regrading and reseeding on site to restore
the land to pasture.
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Change
Part of House to Office at Leurbost, Isle of Lewis
DS21.01
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9
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The Director for Sustainable Communities
submitted a Report concerning an application for planning permission for a
change of use from residential accommodation to office accommodation at a
site on the west-side of the A835, approximately 120 metres south of its
junction with the Leurbost township road. It was intimated in the Report
that the site comprised a two-storey doctor’s house with an adjoining one and
a half storey building occupied by the North Lochs Medical Practice. The
Report gave background information, commented on the application and
indicated that representations had been received.
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Erect
House at Luskentyre, Isle of Harris
DS21.01
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10
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The Director for Sustainable Communities
submitted a Report concerning a reserved matters application for planning
permission for the erection of a house at 4 Luskentyre, Isle of Harris The
Report gave background information, commented on the application and
indicated that representations had been received.
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It was agreed to recommend that, subject
to the receipt of amended plans showing a clearer separation from the
approved semi-detached houses on adjoining land, the Director for Sustainable
Communities be authorised to grant reserved matters planning permission for
the erection of a house at 4 Luskentyre, Isle of Harris, subject to the
conditions shown in Appendix 1 to the Report.
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Erect
House at Cliasmol, Isle of Harris
DS21.01
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11
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The Director for Sustainable Communities
submitted a Report concerning an application for planning permission for the
erection of a house at Cliasmol, near the north shore of West Loch Tarbert, Isle of Harris. The Report gave background information, commented on the
application and indicated that representations had been received
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It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a house at Cliasmol, Isle of Harris, subject
to the conditions detailed in Appendix 1 to the Report.
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Erect 2
Remote Controlled Cameras at St Kilda
DS21.01
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12
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The Director for Sustainable Communities
submitted a Report concerning an application for planning permission for the
erection of 2 remote controlled cameras and satellite dish at St Kilda. The
Report gave background information, commented on the application and
indicated that representations had been received.
It was recommended in the Report that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of 2 remote controlled cameras and satellite dish
at St Kilda, subject to the conditions shown in Appendix 1 to the Report.
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Bayhead Park: Re-location of the Greenkeeper’s
Accommodation
AL02.04
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13
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It was agreed to recommend, insofar as
the Committee’s interests were concerned, that:
(1)
the disused toilet block in Bayhead Park , Stornoway be utilised by the Grounds Maintenance contractor for tickets,
storage and toilet facilities; and
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(2)
the cost of the renovation estimated at
£20,000 be funded from the Public Convenience Grant Budget 2003/04.
It was further agreed to recommend that a
meeting be convened with Scottish Water to explore and negotiate the
possibility and potential for advancing the project and site works.
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ENVIRONMENTAL HEALTH
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New
Legislation on Dog Fouling
CH03.03.04
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The Director for Sustainable Communities
submitted a Report concerning the implications of new legislation on dog
fouling. It was intimated in the Report that the Scottish Executive was
currently finalising guidance in relation to the implementation of the Dog
Fouling (Scotland) Act 2003 and had also requested local authorities to mount
a publicity campaign on dog fouling, which should be co-ordinated around the
Scottish Executive’s own campaign. It was stated in the Report that Section
4 of the Dog Fouling (Scotland) Act 2003 placed a statutory duty on every
local authority to authorise, in writing, at least one person and such other
number of persons as they considered necessary or expendient to issue Fixed
Penalty Notices in their area in accordance with the Act.
The Report also intimated that the Community
Safety Partnership had provided the sum of £4,225.00 towards tacking the
problem of dog fouling and it was suggested that it would be appropriate to
introduce the range of measures, as set out in the Report, on dog fouling, on
the basis that the measures be co-ordinated with the Scottish Executive’s
publicity campaign.
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It was agreed to recommend that:
(1)
the Comhairle Officers listed in
Appendix 1 to the Report be authorised under Section 4 of the Dog Fouling
(Scotland) Act 2003 to issue fixed penalty notices under Section 5 of the
Act; and
(2)
a publicity campaign, as outlined in
Paragraph 6.1 of the Report be carried out to co-ordinate with the Scottish
Executive’s own publicity campaign.
It was further agreed to recommend that
the Director of Corporate Services be requested to submit a Report to a
future meeting of the Committee on the possibility of licensing dogs within a
particular area.
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Charging
for Rodent Control Certificates for Ships
CH03.10
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15
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The Director for Sustainable Communities
submitted a Report regarding the introduction of a Scheme of Charges for the
inspection of ships where Rodent Control Certificates were requested and
outlining appropriate proposals to amend the Scheme of Delegation.
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It was agreed to recommend that:
(1)
the Comhairle charges for ship
inspections requested for Rodent Control Certificates, be in line with the
charges detailed in Appendix 1 to the Report; and
(2)
the Director for Sustainable
Communities be granted delegated powers to amend charges for ship inspections
requested for Rodent Control Certificates, in accordance with recommended
charges issued by the Scottish Executive.
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Food
Standards Agency: Audit of Food Service
CH03.01.32
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16
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The Director for Sustainable Communities
submitted a Report informing the Committee of the results of the Audit
carried out by the Food Standards Agency of the Comhairle’s Food Safety
Service. It was intimated that the Audit had revealed only one minor
non-conformance which had been immediately rectified.
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It was agreed to recommend that the
Report by the Director for Sustainable Communities on the Food Standards
Agency Audit of Food Service be noted and that the Food Standard Agency’s
Audit Report be also noted.
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Food
Voluntary Surrender Certificates
CH02.01.14
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17
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The Director for Sustainable Communities
submitted a Report concerning the introduction of a Scheme of Charges for the
issuing of Voluntary Surrender of Food Certificates. It was intimated that
Voluntary Surrender of Food Certificates were normally sought in instances
where freezers had failed and that supervision was required by a Food Officer
to ensure that all surrendered food listed in the Certificate had been
properly disposed of. It was suggested in the Report that as the majority of
cases could be dealt with in under an hour, it was proposed to introduce an
hourly charge for Voluntary Surrender of Food Certificates that would take
more than an hour to process. The Report emphasised that the costs involved
with the Voluntary Surrender of Food Certificates were normally borne by
insurers.
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It was
agreed to recommend that:
(1)
charges be made for issuing Voluntary
Surrender Certificates in line with the charges detailed in Appendix 1 to the
Report; and
(2)
the Director for Sustainable
Communities be granted delegated powers to amend these charges annually in
line with inflation.
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It was
agreed that the public, including the press, be excluded from the meeting
during consideration of the following item on the grounds that exempt
information as defined in Paragraph 1 of Schedule 7A of the Local Government
(Scotland) Act 1973 would be disclosed, namely information relating to the
amount of any expenditure proposed to be incurred by the Comhairle under any
particular contract for the acquisition or disposal of property or the supply
of goods or services.
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WASTE
MANAGEMENT
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Maintenance of Mobile and Static
Recycling and Waste Management Plant and Equipment
CH03.08
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18
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The Director
for Sustainable Communities submitted a Report concerning the current and
future maintenance requirement for the static and mobile plant used in Waste
Disposal and Recycling. It was intimated in the Report that the existing arrangements
for undertaking maintenance work to Waste Disposal and Recycling Plant should
not continue due to the volume of work involved and an expansion of existing
site operations. The Report emphasised the importance of undertaking routine
preventative maintenance on all new plant to keep it in good running order.
The financial position with regard to the employment of additional staff to
undertake duties associated with the maintenance and repair of waste disposal
and recycling plant was outlined in the Report.
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It was agreed to recommend that,
insofar as the Committee’s interests were concerned:
(1)
the requirement for preventative and
breakdown maintenance of static and mobile waste and recycling plant be
noted; and
(2)
the Director for Sustainable Communities
be authorised to take the necessary steps to establish the post of Mechanical
and Electrical Maintenance Fitter, based at the Bennadrove Landfill Site.
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Request for Evidence – Inquiry into
National Waste Plan
CH03.08
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The Director for Sustainable Communities
submitted a Report seeking approval for the response to the call for evidence
for the Inquiry into the National Waste Plan. It was intimated in the Report
that, in light of the fact that the main funding bid to the Strategic Waste
Fund had still to be determined by the Scottish Executive, it was not
possible to give evidence on all aspects of the process as had been sought by
the Scottish Parliament. It was suggested in the Report that it would be
appropriate for the Comhairle to comment on the constructive manner in which
the Comhairle’s application to the Strategic Waste Fund had been dealt with
and the draft reply which it was proposed to send to the Scottish Parliament
was appended to the Report.
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It was agreed to recommend that the
draft reply to the Scottish Parliament, in response to the call for evidence
for the inquiry into the National Waste Plan, be approved.
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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Interim Loch Roag Zoning Plan – (ICZM)
DS20
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20
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It was agreed to recommend, insofar as
the Committee’s interests were concerned, that the Comhairle adopt the
Interim Loch Roag Zoning Plan as a measure to provide unrestricted access to
its ports in Loch Roag and thereby being proactive in reducing navigational
risk in compliance with the Port Marine Safety Code.
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Minch Traffic
CH03.06
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21
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The Director for Sustainable Communities
submitted a Report concerning the regulation of Shipping Traffic through the
Minches and to the West of the Hebrides. It was stated in the Report that
the Comhairle had made representations to the Government to bring about
changes that would safeguard the coastline around the Western Isles from the
threat of pollution from shipping and that whilst some measures had been
introduced, such as the stationing of an emergency towing vessel in Stornoway
throughout the year, other measures, including compulsory pilotage. were
required to further minimise the risks to the waters and shores of the
Western Isles.
The Report stated that the Comhairle had
called for vessels to be fitted with Transponders and that recently the
International Maritime Organisation had issued a directive to have ships
fitted with Automatic Identification System which was an advanced form of
Transponder. The Report referred to the survey undertaken by the Maritime
Coastguard Agency with regard to the Deep Water Route West of the Hebrides
and the Minches and suggested that the Comhairle should continue to press for
mandatory routeing in the Minches.
The Report concluded that the Comhairle
should accept the principle that controlled passage through the Minches
presented the best case for the preservation of the environment of the
Minches and of all the Seaboard of the Western Isles and that it would be
appropriate to undertake a feasibility study, using external consultants, as
necessary, into the routeing of traffic through the Minch and West of the
Hebrides, with the remit as set out in the Report.
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It was agreed to recommend that:
(1)
the Comhairle accept the principle that
controlled passage through the Minches, presents the best case for the
preservation of the environment of the Minches, including all the Seaboard of
the Western Isles; and
(2)
the Director of Technical Services be
given delegated powers to seek external support, both constructive and
financially, and to arrange for a Feasibility Study of traffic in the Minch
and West of the Hebrides Deep Water Route, which would have a remit based on
the following measures:
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that hydrographic surveys West of the Hebrides should be accelerated to allow realignment of the Deep Water Route further
offshore;
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that the existing recommended routeing
through the Minches becomes mandatory;
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that the Voluntary Reporting Scheme for
vessels transiting the Minches should be made mandatory and additionally,
that vessels carrying hazardous cargo, should further report at salient
points throughout their passage through the Minches;
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that the MCA should encourage ship owners
whose vessels regularly carry hazardous cargoes to fit AIS as soon as
practical, if such vessel types, as defined in Regulation 19, are not
imminently due;
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that due consideration is given to the
installation of VTS at the Stornoway Coastguard station;
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that all ships carrying over 2,500 tonnes
of oil as bunkers or cargo should be fitted with Automatic Towing Pennants
and that all vessels, irrespective of size, carrying hazardous cargo, be
escorted through the Minches by the Coastguard ETV and should be fitted with
towing pennants;
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that consideration be given to further
examining the means of introducing Compulsory Pilotage and that in the
interim, the MCA take steps to introduce a voluntary scheme for vessels
carrying hazardous cargoes to carry a licensed pilot on board when transiting
the Minches.
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It was further agreed to recommend that
the Director of Technical Services be requested to seek information in
relation to the transportation of hazardous cargo in the Minch.
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RELATED MATTERS
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Establishment of a Community Support Unit
MO2.01
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The Director for Sustainable Communities
submitted a Report detailing proposals for the establishment of a Community
Support Unit. The proposed unit would provide, within each community, one
door to access community grants and services and would assist communities to
plan and develop an infrastructure suitable for their area.
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It was agreed to recommend, insofar as
the Committee’s interests were concerned, that:
(1)
the formation of a unified Community
Support Unit within the Department for Sustainable Communities be agreed, in
principle; and
(2)
it be noted that the personnel
requirements for the Community Support Unit, as set out in the Report, would
be the subject of a further Report to the Human Resources Sub-Committee.
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Development of ACE Option and ACE
Challenge Grant Schemes
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The Director
for Sustainable Communities submitted a Report concerning the ACE Option and
ACE Challenge Capital Grant Schemes. The Report gave information on the
operation of the ACE Option and ACE Challenge Grant Schemes and intimated
that over 150 environmental or amenity improvement projects had been approved
for ACE grant funding since September 2000, with many of the ACE Option
Projects and many of the ACE Challenge Projects having attracted external
funding. The Report stated that the excellent response received from
community groups was a good indication that the ACE Option and ACE Challenge
Grant Schemes had enabled communities to develop projects that would provide
much needed long term environmental improvements including:
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(a) Village entrance/gateway schemes
(b) Play Areas
(c) Amenity Planting Schemes
(d) Community Gardens; and
(e) Development of Community Information Points.
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The Report
outlined a number of changes to the ACE Option Grant Scheme and the ACE Challenge
Grant Scheme and further intimated that as a result of changes in the rules
of the Landfill Tax Credit Scheme, it would be appropriate to include the
Stornoway Community Council area in the ACE Option and ACE Challenge Grant
Schemes, in order to maintain a continued level of support for environmental
and amenity improvement projects in the Stornoway Area.
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It was agreed to recommend that:
(1)
the continued development and funding
of the ACE Option and ACE Challenge Grant Schemes be supported in principle;
(2)
the extension of the ACE Grants Scheme
to include the Stornoway Community Council area be approved;
(3)
the proposed changes in the ACE Option
Grant Scheme of Administration in Appendix 1 be approved;
(4)
the proposed changes in the ACE
Challenge Grant Scheme of Administration in Appendix 2 be approved; and
(5)
the proposed allocation of grant
funding for each Community Council area in Appendix 3 be approved.
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Presentation by Nuclear Free Local
Authorities
CH03.13
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24
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The Director for Sustainable Communities
submitted a Report intimating that Mr Stewart Kemp, Secretary of Nuclear Free
Local Authorities (NFLA) had been invited to give a presentation to the
Committee on the work of NFLA and related matters.
The Chairman invited Mr Stewart Kemp,
Secretary of Nuclear Free Local Authorities, to give his presentation.
An opportunity
was afforded to Members to ask questions of Mr Kemp.
The Chairman
thanked Mr Kemp for his presentation.
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It was agreed to recommend that the
Report be noted.
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Reports Outstanding: Progress
PR33.01.12
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24
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The Director
of Corporate Services submitted a Report detailing the Reports Outstanding
from decisions of the Committee.
It was
agreed to recommend that the Report be noted.
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It was agreed to adjourn the Meeting
on the basis that the meeting be reconvened at 5.00 pm in the Council
Chamber, Council Offices, Stornoway.
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The Meeting
reconvened at 5.00 pm in the Council Chamber, Council Offices, Stornoway when
the following Members were found to be present.
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Mr Ian M Macleod (Vice-Chairman) Mr
Donald Maclean
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Mr Alex A MacDonald Mr
Martin Taylor
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Mr Keith Dodson Mr
Peter Carlin
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Mr Angus McCormack Mr
Ronald Mackinnon
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Mrs Morag Munro Mr
Angus Macdonald
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The Committee
visited the site at The Whaler’s Rest, 14 Francis Street, Stornoway where the
following Members were found to be present.
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Mr Ian M Macleod (Vice-Chairman) Mr
Donald Maclean
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Mr Alex A MacDonald Mr
Martin Taylor
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Mr Keith Dodson Mr
Peter Carlin
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Mr Angus McCormack Mr
Ronald Mackinnon
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Mrs Morag Munro Mr
Angus Macdonald
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The Chairman
invited Mr Alastair Banks, Head of Development Services, to address the
Meeting and answer Members’ questions in relation to the site.
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An opportunity
was afforded to Members of the Committee to inspect the Yard at Rigs Road which the applicant proposed to use to secure additional car parking.
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It was agreed to adjourn the meeting
at 5.30 pm.
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The Meeting
reconvened at the Council Chamber, Council Offices, Stornoway at 5.35 pm
where the following Members were found to be present.
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Mr Ian M Macleod (Vice-Chairman) Mr
Donald Maclean
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Mr Alex A MacDonald Mr
Martin Taylor
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Mr Keith Dodson Mr
Peter Carlin
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Mr Angus McCormack Mr
Ronald Mackinnon
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Mrs Morag Munro Mr
Angus Macdonald
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With reference
to item 7 above, the Director for Sustainable Communities submitted a Report
concerning an application for planning permission for an extension to the
Hotel at The Whaler’s Rest, 14 Francis Street, Stornoway, Isle of Lewis, to
create 14 new bedrooms and a new restaurant/functions area The Report gave
background information, commented on the application and indicated that
representations had been received.
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It was recommended in the Report that the
Director for Sustainable Communities be authorised to grant planning
permission for an extension to the hotel at the Whalers Rest, 14 Francis Street, Stornoway, Isle of Lewis, to create 14 new bedrooms and a new
restaurant/functions area, subject to the conditions detailed in Appendix 1
of the Report.
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Mr Angus
McCormack, seconded by Mr Ronald J Mackinnon, moved that the Director for
Sustainable Communities be authorised to grant planning permission for a two
storey development to the rear of the existing Whaler’s Rest, 14 Francis
Street, Stornoway to create 14 new bedrooms and a new restaurant/functions
area, subject to the conditions detailed at Appendix 1 to the Report.
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Mrs Morag
Munro, seconded by Mr Keith Dodson, moved as an amendment that planning
permission for a new two storey development to the rear of the existing
Whaler’s Rest, 14 Francis Street, Stornoway to create 14 new bedrooms and a
new restaurant/functions areas be refused for the following reason:
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Reason: the development as proposed would result in a loss of amenity
attributable to extra noise generated by the development as proposed.
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On the
matter being put to the vote the motion received the majority of votes cast
and became the finding of the Meeting and it was agreed to recommend accordingly.
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