COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 12 March 2003 at 9.00am

PRESENT	Mr Angus Nicolson (Chairman)		Mr Donald I Nicholson
	Mr Ian M Macleod (Vice-Chairman)		Mr Donald M Mackay
	Mrs Katie Mackenzie		Mrs Morag Munro
	Mr Norman A Macdonald		Mr Donald Maclean
	Mr George Lonie		Mr Martin Taylor
	Mr Alasdair G Macrae		Mr Donald Manford

		MINUTES
Environmental Services Committee	1	The Minutes of Meetings of 5 February, 21 February and 10 March 2003 were approved.
		DEVELOPMENT CONTROL
Western Isles Design Guidance Policy Review DS21.25	2	The Principal Administrator, following consultation with the Chairman, withdrew this Item.
Lewis Windfarm: Revised "Scoping Opinion" DS61.19	3	With reference to Item 8 of the Minute of Meeting of 28 August 2002, the Director for Sustainable Communities submitted a Report concerning a request from the Scottish Executive for the Comhairle's views on an application by Lewis WindPower Ltd for a revised "Scoping Opinion", to take account of the change in its search area. It was intimated in the Report that the area included in the revised "Scoping Opinion" extended to the south-west of the Barvas moor section of the A857, although it was emphasised that the size of the proposed windfarm remained at a possible 240 turbines, each capable of producing 2.5MW, giving a total potential output of 600MW. It was further intimated in the Report that the revised search area still avoided any encroachment into the Lewis Peatlands Special Area of Conservation, although much of it was within the Lewis Peatlands Special Protection Area and Ramsar site. The Report concluded that the revised search area, whilst being considerably larger than that previously considered by the Comhairle, did not raise any new issues relevant to the Scoping exercise. It was agreed to recommend that the Scottish Executive be advised that the Comhairle's views on the request by Lewis WindPower Ltd for a Scoping Opinion remain the same as submitted on 3 September 2002.
		PLANNING APPLICATIONS
Alterations to House, 22 Melbost, Isle of Lewis DS21.01	4	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for alterations to a house at 22 Melbost, Isle of Lewis. The Report indicated that the matter had been referred to the Committee, as the applicant was the son of Mr Alex John Macleod, Assistant Director, Sustainable Communities. It was intimated in the Report that the proposals were in conformity with planning legislation and had not been the subject of any objection. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission to carry out alterations to the house at 22 Melbost, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
		The Chairman declared an interest in the following Item and left the Meeting during consideration of the matter.
Minor Alterations to Change House to Office and Store Room, 24 Lewis Street, Stornoway DS21.01	5	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for change of use to office and minor alterations to 24 Lewis Street, Stornoway, Isle of Lewis. The Report indicated that the matter had been referred to the Committee as the Chairman was employed by the applicants. It was intimated in the Report that the proposals were in conformity with planning legislation and had not been the subject of any objection. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for a change of use to offices and minor internal alterations to 24 Lewis Street, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
Erect Agricultural and Implements Store at 6 Perceval Road, Stornoway DS21.01	6	The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect an agricultural and implements store at 6 Perceval Road, Stornoway, 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 the Director for Sustainable Communities be authorised to grant planning permission to erect an Agricultural and Implements Store at 6 Perceval Road, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
		Mrs Katie Mackenzie declared an interest in the following Item and left the Meeting during consideration of the matter.
Erect House at 95 Newmarket, Isle of Lewis DS21.01	7	With reference to Item 1 of this Minute, the Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 95 Newmarket, 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 the Director for Sustainable Communities be authorised to grant planning permission to erect a new house at 95 Newmarket, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
Erect Boatshed at Marybank, Isle of Lewis DS21.01	8	The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a boatshed at Marybank, Isle of Lewis. The Report indicated that the matter had been referred to the Committee as the Agent was Mr Philip Maclean, Member for the Plasterfield Ward. It was intimated that the proposals were in conformity with planning legislation and had not been the subject of any objection. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a boatshed at Marybank Industrial Estate, Stornoway, Isle of Lewis subject to conditions to be determined by him.
		The Vice-Chairman declared an interest in the following Item and left the Meeting during consideration of the matter.
Site Mussel Farm, Eilean Teinish, West Loch Roag DS21.01	9	With reference to Item 21 of the Minute of Meeting of 5 February 2003, the Director for Sustainable Communities submitted a Report concerning an application under the interim consultation procedure for a marine fish farm for a shellfish farming site south of Eilean Teinish, some 60 metres offshore, in the channel between Reef and Vuia Mor, in the Sound of Vuia, West Loch Roag. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Director for Sustainable Communities be authorised to give an unqualified favourable view to the Crown Estate Commission for a mussel farm at Eilean Teinish, West Loch Roag, subject to the development being in accordance with the conditions shown at Appendix 1 of the Report. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report as soon as possible, concerning the production of a Framework Plan for Loch Roag, on the basis that the Report would address navigational and development issues, taking account of the provisions of the Harbour Order, insofar as it relates to Loch Roag.
Site Mussel Farm, Loch Roag, Isle of Lewis DS21.01	10	With reference to Item 22 of the Minute of Meeting of 5 February 2003, the Director for Sustainable Communities submitted a Report concerning an application under the interim consultation procedure for a marine fish farm for a shellfish farm at a site located close to the south-eastern corner of Vuia Mor in Loch Roag, west of Hacklete, Great Bernera. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Director for Sustainable Communities be authorised to give an unqualified favourable view to the Crown Estate Commission for a mussel farm in West Loch Roag, subject to the development being in accordance with the amended plan and the conditions shown in Appendix 1 of the Report. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report as soon as possible, concerning the production of a Framework Plan for Loch Roag, on the basis that the Report would address navigational and development issues, taking account of the provisions of the Harbour Order, insofar as it relates to Loch Roag.
		The Chairman declared an interest in the following Item and left the Meeting during consideration of the matter.
Formation of Car Park at Lochs Services, Cameron Terrace, Leurbost, Isle of Lewis DS21.01	11	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the creation of a car park and picnic area at Lochs Services, Cameron Terrace, Leurbost, Isle of Lewis. The Report indicated that the matter had been referred to the Committee, as the applicant was Mr Angus Campbell, Member for the Newton Ward. It was intimated in the Report that the proposals were in conformity with planning legislation and had not been the subject of any objection. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the creation of a Car Park and Picnic Area at Lochs Services, Cameron Terrace, Leurbost, Isle of Lewis, subject to conditions to be determined by him.
Retain Caravan at Brenish, Isle of Lewis DS21.01	12	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the renewal of consent to site a caravan at Brenish, Isle of Lewis. The Report indicated that the matter had been referred to the Committee, as the applicant was the brother of Mrs Mairi Mackinnon, Planning Officer, Sustainable Communities. It was intimated in the Report that the proposals were in conformity with planning legislation and had not been the subject of any objection. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant renewal of consent to site a caravan at Northend, Brenish, Uig, Isle of Lewis, subject to the conditions shown at Appendix 1 of the Report.
Refrigeration Unit and Pipes at Fishermen's Store, Berneray DS21.01	13	With reference to Item 1 of this Minute, the Director for Sustainable Communities submitted a Report concerning an application for planning permission for the installation of a concrete plinth, refrigeration unit with housing and seawater extraction/discharge pipes at the fishermen's store, Berneray, North Uist. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the installation of a concrete plinth, refrigeration unit with housing and seawater extraction/discharge pipes at the Fishermen's Store, Berneray, North Uist, subject to the conditions shown at Appendix 1 of the Report.
Extend Shop to Create New Co-op Store at Daliburgh DS21.01	14	With reference to Item 10 of the Minute of Meeting of 2 October 2002, the Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extension and renovation of the store at A C Macdonald's, Daliburgh, to create a new Co-op store at Daliburgh. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Comhairle, at its meeting on 18 March 2003, should consider the application for planning permission for the renovation and extension of the existing A C Macdonald's shop at Daliburgh, to create a new Co-op Store at Daliburgh, on the basis of a further Report by the Director for Sustainable Communities, which would include details of the outcome of his negotiations with the applicant on the issue of vehicle parking and the provision of a footpath across the front of the site.
		CONSUMER PROTECTION
Regulating the Sale and Use of Fireworks CH02.01.12	15	(1) The Director for Sustainable Communities submitted a Report intimating that, in response to concerns about the irresponsible use of fireworks, COSLA had established a Fireworks Task Group which had identified a number of concerns in relation to the irresponsible use of fireworks which identified a number of concerns in relation to the irresponsible use of fireworks. The Report further detailed the main recommendations of the Fireworks Task Group, namely: (a) that the current voluntary code on the sale of fireworks should be strengthened; (b) the establishment of a licensing regime for fireworks under the Civic Government (Scotland) Act 1982; (c) alterations in the composition of fireworks so as to reduce noise effects, and; (d) that the sale of noisier fireworks should only be in boxed sets at a minimum cost of £20. It was further intimated that the Task Group did not support an outright ban on the sale of fireworks. The Report gave information on the present position with regards to Private Members Bills, in both the UK and Scottish Parliaments, which it was understood, aimed to introduce new restrictions on the sale and use of fireworks, as well as limiting noise from fireworks. It was agreed to recommend that the developments in relation to regulating the sale and use of fireworks be noted.
		PUBLIC HEALTH
Consultation Paper: "Health Protection in Scotland" CH02.05	16	The Director for Sustainable Communities submitted a Report appending a copy of the response which had been sent to the Scottish Executive in connection with the Consultation Paper entitled "Health Protection in Scotland". It was emphasised that it was considered essential that environmental health services should continue to be provided by Local Authorities. It was agreed to recommend that the action taken by the Director for Sustainable Communities in responding to the consultation paper "Health Protection in Scotland" be homologated.
		ENVIRONMENTAL HEALTH
Radioactivity in Food and the Environment CH03.01	17	The Director for Sustainable Communities submitted a Report giving further information on radioactivity in food and the environment and in particular, Technetium 99 (TC 99). The Report referred to the concerns in respect of Technetium 99, following the Comhairle's Radiation Sampling Programme in August 2002 and further referred to concerns which had been expressed that there was insufficient sampling of the levels of some radioactive elements, particularly Technetium 99. The Report concluded that any increase in the level of radiation was always a cause for concern and that little information on the levels of radiation being caused by the discharge of Technetium 99 and Plutonium from Sellafield, was available and that whilst the levels of radioactive elements were likely to be low, adequate sampling was required to confirm this. The Assistant Director of Health and Consumer Services reported on the outcome of discussions which had taken place at the meeting of KIMO on 10 March 2003 in relation to Technetium 99. It was agreed to recommend: (1) that the Report be noted, and; (2) that the Comhairle support the stance taken by KIMO by lobbying SEPA, the Food Standards Agency and the Environment Agency, to introduce a comprehensive testing regime and provide much greater clarity in the way in which test results were presented, in relation to radiation sampling, and that any correspondence to the aforementioned agencies be sent also to Allan Wilson MSP, Deputy Minister, Environment and Rural Development and the Rt Hon Michael Meacher MP, Minister of State (Environment), Department for Environment, Food and Rural Affairs. It was further agreed to request the Director for Sustainable Communities to give consideration to undertaking sampling soil in the Ness area and that this matter be included in a Report to the August meeting of the Committee.
		TRADING STANDARDS
Fare Structure - British Airways PLC CH02.01.12	18	The Director for Sustainable Communities submitted a Report appending a letter dated 31 January 2003 from the Advertising Standards Authority in connection with British Airways PLC's low fare offers on flights to and from the Western Isles. In their letter of 31 January 2003, the Authority had indicated that they proposed to deal with this matter on an informal basis, once they had received an assurance from British Airways PLC that they would change their advertising which the Authority had concluded, may be misleading and in breach of The British Codes of Advertising and Sales Promotion. It was agreed to recommend that the Report be noted.
		PERFORMANCE MANAGEMENT
Best Value Review - Health & Consumer Services PR33.01.13	19	The Director for Sustainable Communities submitted a Report appending Service Improvement Plans for Pest Control and Consumer Education. It was intimated in the Report that as consumer education was a complex subject, involving, at present, a number of national and European initiatives, it was considered appropriate that the Service Improvement Plan should be taken forward by an Officer Working Group. It was agreed to recommend approval of the Service Improvement Plans for Pest Control and Consumer Education, included at Appendices 1 and 2 of the Report.
		WASTE MANAGEMENT
Acquisition of Excavators for use on Landfill Sites CH03.08.05	20	The Director for Sustainable Communities submitted a Report outlining proposals in relation to the future use of excavators at the Comhairle's landfill sites at Bennadrove and Rueval. It was intimated that it was proposed to renegotiate the lease of the machine currently in use on the Bennadrove Landfill Site and transfer it to the Rueval Landfill Site, on the basis that tenders would be sought for the supply of a new leased excavator for use at the Bennadrove Landfill Site. It was agreed to recommend that the Comhairle agree to: (1) re-negotiate the lease of the excavator currently in use at the Bennadrove Landfill Site and transfer it to the Rueval Landfill Site, and; (2) seek competitive tenders for the supply of a new, leased excavator for use at the Bennadrove Landfill Site.
		COASTAL PROTECTION
Coastal Erosion at Lionacleit DS60.01	21	The Director of Technical Services submitted a Report concerning the extent of coastal erosion along the coastline south and east of Lionacleit School. Comparisons between the current survey and that from an Ordnance Survey from 1965 were appended to the Report. The most significant areas of erosion during the period since 1965 were to the south and south east of the survey area. The Report indicated that the Director of Technical Services would continue to monitor coastal erosion at Lionacleit and report on a six monthly basis. It was agreed to recommend, insofar as the Committee's interest was concerned that the Report be noted.
		CONFERENCES AND COURSES
Scottish Coastal Forum - Coastal Strategy Seminar DS03.01	22	The Director of Technical Services submitted a Report intimating that the Scottish Coastal Forum proposed to stage a Coastal Strategy Seminar on 10 June 2003 and invited the Committee to give consideration to the Comhairle's representation, at Member level, at the Seminar. It was agreed to recommend that the Comhairle be represented at the Scottish Coastal Forum Seminar on 10 June 2003 by the Chairman, or his nominee.
		OUTSIDE ORGANISATIONS
Affiliation to Nuclear Free Local Authorities CH02.06	23	The Director for Sustainable Communities submitted a Report concerning the Comhairle's membership of Nuclear Free Local Authorities (NFLA), which included membership of Nuclear Free Local Authorities (Scotland). The Report referred to the work undertaken by Nuclear Free Local Authorities, on issues such as radioactive waste management policy development in Scotland. It was agreed to recommend that the Comhairle should renew its affiliation to NFLA, including NFLA (Scotland).
		PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	24	The Director of Corporate Services submitted a Report detailing the Reports outstanding from decisions of the Committee. It was agreed to note the Reports Outstanding Progress.
Biological Weapon Testing	25	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.
		The Director for Sustainable Communities submitted a Report referring to a press article which had claimed that weapons containing bubonic plague and other biological agents had been tested off the coast of the Isle of Lewis in the 1950s. It was intimated in the Report that further information was being sought on this matter from the author of the article and that Officers of the Comhairle were also liasing with the Director of Public Health for the Western Isles. The Report concluded that whilst the testing had occurred over 50 years ago, the matter should be fully investigated and that such an investigation was likely to involve a team lead by the Director of Public Health and would include Officers of the Comhairle, on the basis that assistance would also be sought from agencies such as the Scottish Centre for Infection and Environmental Health. It was agreed to recommend that, given the urgency of the matter and the understandable public concern, it be delegated to the Director for Sustainable Communities, in consultation with the Chairman of the Environmental Services Committee and the Director of Public Health, when appropriate, to liaise with all agencies of Government, to obtain full details of what happened in respect of the testing and dumping of chemical, biological and other munitions, in and around the Western Isles, to determine what chemicals and other agents were used, and to take any action deemed appropriate, including meeting with and corresponding with Government Ministers, MPs and MSPs, seeking any independent medical or other advice that may be required and keeping all Members of the Comhairle informed of any action taken in connection with this matter.