2 Oct 2002

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 2 October 2002 at 9.00am.

PRESENT

Mr Angus Nicolson (Chairman)

Mrs Katie M Mackenzie

Mr Alexander A MacDonald

Mrs Morag Munro

Mr Norman A Macdonald

Mr Donald Maclean

Mr Roderick J Murray

Mr Martin C Taylor

Mr Donald I Nicholson

Mr Donald Manford

APOLOGIES

Mr Ian M Macleod (Vice-Chairman)

Mr George Lonie

Mr Donald M Mackay

MINUTES

Minute of Meeting of 28 August 2002

1

The Minute of Meeting of 28 August 2002 was approved.

CONSTITUTION

Applications for Assent under the Explosives Acts of 1875 and 1923

CH04.11

2

The Chief Executive and the Director of Corporate Services submitted a Report inviting the Committee to consider establishing a Sub-Committee to exercise the Comhairle's functions in terms of applications for assent under the Explosives Acts of 1875 and 1923. The Report referred to an application made to the Comhairle to give its assent for the establishment of an explosives factory at QinetiQ Hebrides Range, Isle of South Uist and gave background information in relation to the application.

The Report further stated that in terms of the assent procedure at least one month before the assent hearing the applicant had to arrange for a Notice to be published giving the time and place of the hearing and advising where copies of the draft Health and Safety licence and plans of the proposed facilities could be examined. It was envisaged that, subject to the Comhairle's agreement, the assent hearing would take place in Sgoil Lionacleit on 29 November 2002.

It was recommended in the Report that:

(1) the Committee establish a Sub-Committee comprising seven Members with a quorum of three to determine all matters concerning the exercise of the Comhairle's functions in terms of applications for assent under the Explosives Acts 1875 and 1923;

(2) it be delegated to the Chief Executive in consultation with the Director of Corporate Services to determine the date and time of the assent hearing and the procedure for the hearing, and;

(3) it be delegated to both the Chief Executive and the Director for Sustainable Communities to take all action they may deem appropriate in relation to the assent hearing, including action following the hearing.

It was agreed that:

(1) the Committee would determine all matters concerning the exercise of the Comhairle's functions in terms of applications for assent under the Explosives Acts of 1875 and 1923;

(2) it be delegated to the Chief Executive, in consultation with the Director of Corporate Services, to determine the date and time of the assent hearing for the establishment of an Explosives Factory at QinetiQ, Hebrides Range, Isle of South Uist and the procedure for the hearing, and;

(3) it be delegated to both the Chief Executive and the Director for Sustainable Communities to take all action they may deem appropriate in relation to the assent hearing, including action following the hearing.

ENVIRONMENTAL SERVICES

ACE Grants Scheme - Review of Schemes of Administration

PR.31

3

With reference to item 14 of the Minute of Meeting of 26 March 2002, the Director for Sustainable Communities submitted a Report setting out proposals for changes in the Schemes of Administration for the Action by Communities on their Environment (ACE) Option/Challenge Fund Grant Schemes to reflect the transfer of the ACE Grant Schemes to the Environmental Services Committee for the year 2003/2004.

The Report referred to the considerable success enjoyed by the ACE Grant Schemes and stated that whilst the ACE Challenge Grant Fund Scheme had been successful it had proved difficult to find the requisite number of projects, each year. with £10,000 of external funding. The Report therefore suggested that it would be appropriate to increase to limit of assistance to £30,000 under the ACE Challenge Grant Fund Scheme to allow more ambitious projects to obtain a larger amount of match funding, whilst retaining the intervention rate at 50% up to a total overall budget of £150,000 for any given project.

The Report further stated that the provisions contained within the draft Local Government (Scotland) Bill would give Local Authorities the power to promote or improve the well-being of their area. and that it would be appropriate to revise the Schemes of Administration for the ACE Options Funding Grant Scheme and the ACE Challenge Funding Grant Scheme which had proved to be most successful in encouraging and supporting high quality, locally significant environmental and amenity improvement projects, throughout the Western Isles.

It was agreed, insofar as the Committee's interests were concerned:

(1) to approve the revised Schemes of Administration for the Action in the Community and Environment (ACE) Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme;

(2) to support the submission of a PIR bid for Capital Funding for the continuation of the ACE Option and ACE Challenge Fund Schemes at the appropriate time, and;

that it be delegated to the Director of Sustainable Communities to make amendments to the schemes of Administration for the ACE Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme.

Mr Roderick J Murray declared an interest in the following Item and left the Meeting during consideration of the matter.

WASTE MANAGEMENT

Landfill Tax Credit Funding - Future Allocation of Funding

PR90.28

4

With reference to item 4 of the Minute of Meeting of 29 May 2002 the Director for Sustainable Communities submitted a Report concerning the Stornoway Development Plan produced by the Stornoway Amenity Trust. The Report referred to the decision of the Comhairle to fund the production of the Amenity Development Plan for the Stornoway area, including the approaches to the town and all ports of entry. It was further stated that if adopted, the Plan would attract a commitment to funding through the Landfill Tax contributions for a period of 5 years. The Report stated that the Amenity Development Plan had been prepared in consultation with all other registered environmental bodies, relevant groups and community councils in the area.

The Report gave details of the Southern Isles Amenity Trust in relation to the Balivanich Enhancement Plan and intimated that as the appropriate registration had taken place with ENTRUST the Comhairle could make contributions to the Amenity Trust for works carried out under the Plan. The Report further intimated that the Marybank Partnership had also registered with ENTRUST and that the Partnership had, through landfill tax credits and by encouraging other organisations, had contributed significantly to the visual improvement and amenities of the Marybank area, which form part of the approaches to Stornoway.

The Report concluded that as the Marybank Partnership had contributed to the Stornoway Amenity Development Plan, it was anticipated that the work already undertaken by the Partnership could be continued.

Appended to the Report was the Scheme of Administration for Contributions to Landfill Tax Bodies registered with the regulatory body ENTRUST.

It was agreed to:

(1) adopt the Stornoway Amenity Development Plan as prepared by the Stornoway Amenity Trust;

(2) concentrate all Landfill Tax Credit monies in the five-year period from November 2002 in carrying out the approved Stornoway Amenity Development Plan and in undertaking parts of the Balivanich Enhancement Plan in the proportions laid down in the Scheme of Administration;

(3) adopt the proposed changes made to the Scheme of Administration for contributions to Landfill Tax Bodies in Appendix 1 of the Report, and;

(4) delegate to the Director for Sustainable Communities the negotiation of an agreement with the Stornoway Amenity Trust and other registered environmental bodies within the area, for the disbursement of funds over the period.

Mrs Morag Munro declared an interest in the following Item and left the Meeting during consideration of the matter.

Mr Munro Gold left the Meeting during consideration of the following Item.

CONSUMER PROTECTION

Service Level Agreement for Debt Advice

CH02.01.12

5

The Director for Sustainable Communities submitted a Report concerning the Service Level Agreement with the Western Isles Citizens Advice Service (WICAS) for the increased provision of debt advice.

It was agreed to:

(1) approve the amended Service Level Agreement for the Western Isles Citizens Advice Service (WICAS), making provision for an increased level of debt advice on the basis detailed in the Report by the Director for Sustainable Communities, and;

(2) amend the Scheme of Delegation to permit the Director for Sustainable Communities to make amendments to the Service Level Agreement with WICAS.

Consumer Advice Service Manual

CH02.01.12

6

The Director for Sustainable Communities submitted a Report concerning the Consumer Advice Service Manual which had been prepared in accordance with the standards determined by Quality Mark Scotland. It was intimated that as a result of initiatives undertaken by Audit Scotland and the Department of Trade and Industry all policies and procedures for the Comhairle's Trading Standards Service were being reviewed and that it was anticipated that a series of Service Manuals would be produced up until April 2003, which would require formal adoption by the Comhairle. The Report suggested that it would be appropriate for the Director for Sustainable Communities to approve future Service Manuals, on the basis that the exercise of this delegation would be reported to Members in the Members Information Bulletin.

It was agreed:

(1) to approve the Consumer Advice Service Manual, on the basis detailed in the Report by the Director for Sustainable Communities, and;

(2) that the Director for Sustainable Communities be granted delegated responsibility for the approval of future Service Manuals developed by the Trading Standards Section.

PUBLIC CONVENIENCES

Public Convenience Provision in Key Area of South Uist

CH03.07.24

7

With reference to item 17 of the Minute of Meeting of 27 March 2002 the Director for Sustainable Communities submitted a Report concerning proposals to provide public access to toilet facilities at Taigh Gherinish, South Uist for a trial period up until 30 September 2002. The Report gave background information in relation to the consultations undertaken with the West Gherinish Amenity Trust who had agreed to make public convenience facilities available during the Summer of 2002 and further intimated that when the West Gherinish Amenity Trust had drawn their proposals, in relation to the provision of toilet facilities to Buidheann Taigheadais na Meadhanan as landlords a number of objections had been raised which had obliged the Trust to withdraw from their agreement with the Comhairle to provide public convenience facilities.

The Report concluded that it was proposed to continue to identify a suitable solution to the provision of public convenience facilities in the north end of South Uist following consultation with the local Member and community groups, as appropriate.

It was agreed that the Director for Sustainable Communities should continue to attempt to seek a suitable solution to providing public convenience facilities at the north end of South Uist, in consultation with the local Member and community organisations, as appropriate.

Arising out of consideration of the above matter, it was agreed to request the Director for Sustainable Communities to submit a Report on the signage and provision of toilet facilities in the vicinity of Clachan Stores, North Uist, including the costs involved, and in the context of consideration of public toilet provision throughout the Western Isles.

PLANNING APPLICATIONS

Siting of 4 Fish Cages on Loch Drinishader, Isle of Harris (Ref No: 02/00371)

DS21.01

8

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the siting of four fish cages on Loch Drinishader, Isle of Harris. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for the siting of four fish cages on Loch Drinishader, Isle of Harris, subject to the conditions detailed at Appendix 1 of the Report.

Extract Minerals, Druim Reallasger, Isle of North Uist (Ref No: 02/00352)

DS21.01

9

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extraction of minerals at Druim Reallasger, North Uist. 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 extraction of minerals at Druim Reallasger, in North Uist, subject to the conditions detailed at Appendix 1 of the Report.

It was agreed to defer consideration of the application for planning permission to extract minerals from a site at Druim Reallasger, North Uist, to allow the Committee to visit the site at Druim Reallasger, on the basis that the visit to the site would take place before 20 November 2002 and that the application for planning permission would be considered by the Committee at its meeting on 20 November 2002.

Extend and Renovate Shop at Daliburgh, Isle of South Uist (Ref No: 02/00366)

DS21.01

10

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extension and refurbishment of a shop to form a new Co-op at Daliburgh, Isle of South Uist. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed that the Director for Sustainable Communities be authorised to refuse planning permission for the extension and refurbishment of an existing shop to form a new Co-op in Daliburgh, Isle of South Uist, for the reasons detailed in Appendix 1 of the Report.

Display Advertisement at Ardmhor, Isle of Barra (Ref No: 02/00359)

DS21.01

11

This item was withdrawn.

PERFORMANCE REVIEW

Reports Outstanding: Progress

PR33.01.12

12

The Chief Executive submitted a Report detailing the Reports outstanding from decisions of the Committee.

It was agreed to note the Report.

It was further agreed to delete Item 4 from future Reports Outstanding: Progress.

___

PRESENT	Mr Angus Nicolson (Chairman)
	Mrs Katie M Mackenzie
	Mr Alexander A MacDonald	Mrs Morag Munro
	Mr Norman A Macdonald	Mr Donald Maclean
	Mr Roderick J Murray	Mr Martin C Taylor
	Mr Donald I Nicholson	Mr Donald Manford

APOLOGIES	Mr Ian M Macleod (Vice-Chairman)
	Mr George Lonie	Mr Donald M Mackay

		MINUTES
Minute of Meeting of 28 August 2002	1	The Minute of Meeting of 28 August 2002 was approved.
		CONSTITUTION
Applications for Assent under the Explosives Acts of 1875 and 1923 CH04.11	2	The Chief Executive and the Director of Corporate Services submitted a Report inviting the Committee to consider establishing a Sub-Committee to exercise the Comhairle's functions in terms of applications for assent under the Explosives Acts of 1875 and 1923. The Report referred to an application made to the Comhairle to give its assent for the establishment of an explosives factory at QinetiQ Hebrides Range, Isle of South Uist and gave background information in relation to the application. The Report further stated that in terms of the assent procedure at least one month before the assent hearing the applicant had to arrange for a Notice to be published giving the time and place of the hearing and advising where copies of the draft Health and Safety licence and plans of the proposed facilities could be examined. It was envisaged that, subject to the Comhairle's agreement, the assent hearing would take place in Sgoil Lionacleit on 29 November 2002. It was recommended in the Report that: (1) the Committee establish a Sub-Committee comprising seven Members with a quorum of three to determine all matters concerning the exercise of the Comhairle's functions in terms of applications for assent under the Explosives Acts 1875 and 1923; (2) it be delegated to the Chief Executive in consultation with the Director of Corporate Services to determine the date and time of the assent hearing and the procedure for the hearing, and; (3) it be delegated to both the Chief Executive and the Director for Sustainable Communities to take all action they may deem appropriate in relation to the assent hearing, including action following the hearing.
		It was agreed that: (1) the Committee would determine all matters concerning the exercise of the Comhairle's functions in terms of applications for assent under the Explosives Acts of 1875 and 1923; (2) it be delegated to the Chief Executive, in consultation with the Director of Corporate Services, to determine the date and time of the assent hearing for the establishment of an Explosives Factory at QinetiQ, Hebrides Range, Isle of South Uist and the procedure for the hearing, and; (3) it be delegated to both the Chief Executive and the Director for Sustainable Communities to take all action they may deem appropriate in relation to the assent hearing, including action following the hearing.
		ENVIRONMENTAL SERVICES
ACE Grants Scheme - Review of Schemes of Administration PR.31	3	With reference to item 14 of the Minute of Meeting of 26 March 2002, the Director for Sustainable Communities submitted a Report setting out proposals for changes in the Schemes of Administration for the Action by Communities on their Environment (ACE) Option/Challenge Fund Grant Schemes to reflect the transfer of the ACE Grant Schemes to the Environmental Services Committee for the year 2003/2004. The Report referred to the considerable success enjoyed by the ACE Grant Schemes and stated that whilst the ACE Challenge Grant Fund Scheme had been successful it had proved difficult to find the requisite number of projects, each year. with £10,000 of external funding. The Report therefore suggested that it would be appropriate to increase to limit of assistance to £30,000 under the ACE Challenge Grant Fund Scheme to allow more ambitious projects to obtain a larger amount of match funding, whilst retaining the intervention rate at 50% up to a total overall budget of £150,000 for any given project. The Report further stated that the provisions contained within the draft Local Government (Scotland) Bill would give Local Authorities the power to promote or improve the well-being of their area. and that it would be appropriate to revise the Schemes of Administration for the ACE Options Funding Grant Scheme and the ACE Challenge Funding Grant Scheme which had proved to be most successful in encouraging and supporting high quality, locally significant environmental and amenity improvement projects, throughout the Western Isles. It was agreed, insofar as the Committee's interests were concerned: (1) to approve the revised Schemes of Administration for the Action in the Community and Environment (ACE) Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme;
		(2) to support the submission of a PIR bid for Capital Funding for the continuation of the ACE Option and ACE Challenge Fund Schemes at the appropriate time, and; that it be delegated to the Director of Sustainable Communities to make amendments to the schemes of Administration for the ACE Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme.
		Mr Roderick J Murray declared an interest in the following Item and left the Meeting during consideration of the matter.
		WASTE MANAGEMENT
Landfill Tax Credit Funding - Future Allocation of Funding PR90.28	4	With reference to item 4 of the Minute of Meeting of 29 May 2002 the Director for Sustainable Communities submitted a Report concerning the Stornoway Development Plan produced by the Stornoway Amenity Trust. The Report referred to the decision of the Comhairle to fund the production of the Amenity Development Plan for the Stornoway area, including the approaches to the town and all ports of entry. It was further stated that if adopted, the Plan would attract a commitment to funding through the Landfill Tax contributions for a period of 5 years. The Report stated that the Amenity Development Plan had been prepared in consultation with all other registered environmental bodies, relevant groups and community councils in the area. The Report gave details of the Southern Isles Amenity Trust in relation to the Balivanich Enhancement Plan and intimated that as the appropriate registration had taken place with ENTRUST the Comhairle could make contributions to the Amenity Trust for works carried out under the Plan. The Report further intimated that the Marybank Partnership had also registered with ENTRUST and that the Partnership had, through landfill tax credits and by encouraging other organisations, had contributed significantly to the visual improvement and amenities of the Marybank area, which form part of the approaches to Stornoway. The Report concluded that as the Marybank Partnership had contributed to the Stornoway Amenity Development Plan, it was anticipated that the work already undertaken by the Partnership could be continued. Appended to the Report was the Scheme of Administration for Contributions to Landfill Tax Bodies registered with the regulatory body ENTRUST. It was agreed to: (1) adopt the Stornoway Amenity Development Plan as prepared by the Stornoway Amenity Trust; (2) concentrate all Landfill Tax Credit monies in the five-year period from November 2002 in carrying out the approved Stornoway Amenity Development Plan and in undertaking parts of the Balivanich Enhancement Plan in the proportions laid down in the Scheme of Administration; (3) adopt the proposed changes made to the Scheme of Administration for contributions to Landfill Tax Bodies in Appendix 1 of the Report, and; (4) delegate to the Director for Sustainable Communities the negotiation of an agreement with the Stornoway Amenity Trust and other registered environmental bodies within the area, for the disbursement of funds over the period.
		Mrs Morag Munro declared an interest in the following Item and left the Meeting during consideration of the matter. Mr Munro Gold left the Meeting during consideration of the following Item.
		CONSUMER PROTECTION
Service Level Agreement for Debt Advice CH02.01.12	5	The Director for Sustainable Communities submitted a Report concerning the Service Level Agreement with the Western Isles Citizens Advice Service (WICAS) for the increased provision of debt advice.
		It was agreed to: (1) approve the amended Service Level Agreement for the Western Isles Citizens Advice Service (WICAS), making provision for an increased level of debt advice on the basis detailed in the Report by the Director for Sustainable Communities, and; (2) amend the Scheme of Delegation to permit the Director for Sustainable Communities to make amendments to the Service Level Agreement with WICAS.
Consumer Advice Service Manual CH02.01.12	6	The Director for Sustainable Communities submitted a Report concerning the Consumer Advice Service Manual which had been prepared in accordance with the standards determined by Quality Mark Scotland. It was intimated that as a result of initiatives undertaken by Audit Scotland and the Department of Trade and Industry all policies and procedures for the Comhairle's Trading Standards Service were being reviewed and that it was anticipated that a series of Service Manuals would be produced up until April 2003, which would require formal adoption by the Comhairle. The Report suggested that it would be appropriate for the Director for Sustainable Communities to approve future Service Manuals, on the basis that the exercise of this delegation would be reported to Members in the Members Information Bulletin. It was agreed: (1) to approve the Consumer Advice Service Manual, on the basis detailed in the Report by the Director for Sustainable Communities, and; (2) that the Director for Sustainable Communities be granted delegated responsibility for the approval of future Service Manuals developed by the Trading Standards Section.
		PUBLIC CONVENIENCES
Public Convenience Provision in Key Area of South Uist CH03.07.24	7	With reference to item 17 of the Minute of Meeting of 27 March 2002 the Director for Sustainable Communities submitted a Report concerning proposals to provide public access to toilet facilities at Taigh Gherinish, South Uist for a trial period up until 30 September 2002. The Report gave background information in relation to the consultations undertaken with the West Gherinish Amenity Trust who had agreed to make public convenience facilities available during the Summer of 2002 and further intimated that when the West Gherinish Amenity Trust had drawn their proposals, in relation to the provision of toilet facilities to Buidheann Taigheadais na Meadhanan as landlords a number of objections had been raised which had obliged the Trust to withdraw from their agreement with the Comhairle to provide public convenience facilities. The Report concluded that it was proposed to continue to identify a suitable solution to the provision of public convenience facilities in the north end of South Uist following consultation with the local Member and community groups, as appropriate. It was agreed that the Director for Sustainable Communities should continue to attempt to seek a suitable solution to providing public convenience facilities at the north end of South Uist, in consultation with the local Member and community organisations, as appropriate. Arising out of consideration of the above matter, it was agreed to request the Director for Sustainable Communities to submit a Report on the signage and provision of toilet facilities in the vicinity of Clachan Stores, North Uist, including the costs involved, and in the context of consideration of public toilet provision throughout the Western Isles.

		PLANNING APPLICATIONS
Siting of 4 Fish Cages on Loch Drinishader, Isle of Harris (Ref No: 02/00371) DS21.01	8	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the siting of four fish cages on Loch Drinishader, Isle of Harris. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for the siting of four fish cages on Loch Drinishader, Isle of Harris, subject to the conditions detailed at Appendix 1 of the Report.
Extract Minerals, Druim Reallasger, Isle of North Uist (Ref No: 02/00352) DS21.01	9	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extraction of minerals at Druim Reallasger, North Uist. 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 extraction of minerals at Druim Reallasger, in North Uist, subject to the conditions detailed at Appendix 1 of the Report. It was agreed to defer consideration of the application for planning permission to extract minerals from a site at Druim Reallasger, North Uist, to allow the Committee to visit the site at Druim Reallasger, on the basis that the visit to the site would take place before 20 November 2002 and that the application for planning permission would be considered by the Committee at its meeting on 20 November 2002.
Extend and Renovate Shop at Daliburgh, Isle of South Uist (Ref No: 02/00366) DS21.01	10	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extension and refurbishment of a shop to form a new Co-op at Daliburgh, Isle of South Uist. The Report gave background information, commented on the application and indicated that representations had been received. It was agreed that the Director for Sustainable Communities be authorised to refuse planning permission for the extension and refurbishment of an existing shop to form a new Co-op in Daliburgh, Isle of South Uist, for the reasons detailed in Appendix 1 of the Report.
Display Advertisement at Ardmhor, Isle of Barra (Ref No: 02/00359) DS21.01	11	This item was withdrawn.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	12	The Chief Executive submitted a Report detailing the Reports outstanding from decisions of the Committee. It was agreed to note the Report. It was further agreed to delete Item 4 from future Reports Outstanding: Progress.