COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 26 November 2003 at 9.00am

PRESENT	Mr Angus Nicolson (Chairman)
	Mr Ian M Macleod (Vice-Chairman)
	Mr Alex A MacDonald	Mrs Morag Munro
	Mr George Lonie	Mr Donald Maclean
	Mr Norman L Macdonald	Mr Martin C Taylor
	Mr Keith Dodson	Mr Peter Carlin
	Mr Angus Campbell	Mr Ronald J Mackinnon
	Mr Angus McCormack	Mr Angus Macdonald

			MINUTES
Environmental Services Committee		1	The Minute of Meeting of 1 October 2003 was approved.
			FINANCE
Second Quarter Revenue Forecast Out-turn 2003/04		2	The Director of Finance submitted a Report relating to the Comhairle’s Forecast Revenue Out-turn 2003/04 at the end of the second quarter. It was stated that the most significant issue remained the forecast overspend in Social Work, whilst the establishment of a special team to deal with child protection issues would have financial implications. It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the Second Quarter Revenue Forecast Out-turn 2003/04, insofar as the Committee’s interests were concerned.
General Fund Capital Monitoring: 1 April 2003-30 September 2003	3		The Director of Finance submitted a Report relating to changes in the Capital Programme as at 30 September 2003. It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the General Fund Capital Monitoring: 1 April 2003-30 September 2003, insofar as the Committee’s interests were concerned.
Capital Programme 2003/2004	4		The Director of Finance submitted a Report relating to slippage in the Capital Programme 2003/2004.  It was stated that in order to maximise the likely level of future loan charge support, capital consent for 2003/2004 needed to be fully utilised. It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the Capital Programme 2003/2004, insofar as the Committee’s interests were concerned.
General Fund Capital Programme 2004-2008:  Abbreviated Project Evaluation Reports	5		The Director of Finance submitted a Report containing a comprehensive list of the Abbreviated Project Evaluation Reports (APERs) and sought approval for these to enter the scoring process, prior to ranking, for inclusion in the 2004-2008 Capital Programme.  It was stated that 105 APERs, totalling £58,668k had been received and categorised as new projects, New Renovation/Composite Programmes and Existing Renovation/Composite Programmes. 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: Abbreviated Project Evaluation Reports, insofar as the Committee’s interests were concerned.
General Fund Capital Programme 2004-2008: Existing Renovation/ Composite Programmes	6		The Director of Finance submitted a Report relating to a reduction in line with normal tolerances, in bids for Existing Renovation/Composite Programmes to £12m for the four years 2004-2008. 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: Existing Renovation/Composite Programmes, insofar as the Committee’s interests were concerned.
			POLICY
Presentation by SEPA:  Regulation of Fish Farming	7		Mr Andy Rosie, Aquaculture Team Leader, Scottish Environment Protection Agency (SEPA) gave a presentation to the Committee regarding the regulation of fish farming. An opportunity was afforded to Members to ask questions of Mr Andy Rosie and Mr Stuart Baird, SEPA. The Chairman thanked Mr Rosie for his presentation and Mr Baird for his attendance. It was agreed to recommend that the presentation be noted.
Draft Corporate Strategy 2003-2007	8		The Chief Executive submitted a copy of the draft Corporate Strategy.  It was stated that the CIPFA/SOLACE Guidance Framework advised that local authorities should maintain effective arrangements for explicit accountability to stakeholders for the authority’s performance and its effectiveness in the delivery of services and the sustainable use of resources.  It was further intimated that once the Corporate Strategy had been approved the Comhairle's Departments would use the strategic objectives to direct their Business Plans for 2004 – 2007. It was agreed to recommend that the Draft Corporate Strategy 2003-2007 be approved, insofar as the Committee’s interests were concerned, subject to the addition of a further Best Value Strategic Objective concerning all the Comhairle's buildings.
			Mr Keith Dodson and Mr Murdo Macleod declared an interest in the following item and left the Meeting during consideration of the matter.
			PLANNING APPLICATIONS
Erect House, Glen Tolsta, Isle of Lewis DS21.01	9		The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a house at Glen Tolsta, 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 for the erection of a new house at Glen Tolsta, Isle of Lewis, subject to the Conditions detailed at Appendix 1 of the Report.
Erect Bungalow at 4 Tong, Isle of Lewis DS21.01	10		The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a bungalow at 4 Tong, 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 for the erection of a bungalow at 4 Tong, Isle of Lewis, subject to the Conditions detailed at Appendix 1 of the Report.
			Mr Murdo Macleod and Mr Keith Dodson declared an interest in the following item and left the Meeting during consideration of the matter.

Change Upholstery Workshop into a Café on Ground Floor, 14-15 Garden Road, Stornoway, Isle of Lewis DS21.01	11		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for change of use of the existing premises into a Café on the ground floor of 14-15 Garden 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 defer consideration of this matter to allow the Committee to visit the site at 14-15 Garden Road, Stornoway, Isle of Lewis prior to the next meeting of the Comhairle.
			The Chairman declared an interest in the following item and left the Meeting during consideration of the matter.
Repainting of 24 Lewis Street, Stornoway,Isle of Lewis DS21.01	12		The Director for Sustainable Communities submitted a Report concerning an application for Listed Building Consent for external painting of 24 Lewis Street, Stornoway, Isle of Lewis.  The Report intimated that as the Chairman was a partner in the applicant company, the matter had not been dealt with in terms of the Comhairle’s Scheme of Delegation and was presented to the Committee for consideration.
			It was agreed to recommend that the Director for Sustainable Communities be authorised to grant Listed Building Consent and planning permission for the repainting of 24 Lewis Street, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
Seven Residential Units at the Old Sail Loft, 1 North Beach, Stornoway, Isle of Lewis DS21.01	13		The Director for Sustainable Communities submitted a Report concerning an application for planning permission and Listed Building Consent for seven residential units at the Old Sail Loft, 1 North Beach, 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 and notify Historic Scotland of the Comhairle’s intention to grant Listed Building Consent for the provision of seven residential units in the former Commercial Hotel and Sail Loft, adjacent to North Beach Quay, Stornoway, Isle of Lewis.
Delete Condition limiting amount of Durable Goods for Sale at Macaulay Road Co-op, Stornoway, Isle of Lewis DS21.01	14		The Director for Sustainable Communities submitted a Report concerning an application for consent to delete Condition 11 on the planning permission for the Co-op Supermarket, Macaulay Road, Stornoway, Isle of Lewis (95/108).  It was stated in the Report that Condition 11 limited the sales area given over to “durable” goods sales at the Co-op Supermarket, Macaulay Road, Stornoway, Isle of Lewis.  It was intimated that the application had been referred to the Committee for consideration as it was considered to be of a sensitive nature and had therefore not been dealt with in terms of the Comhairle’s Scheme of Delegation.
			It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the deletion of Condition 11 on the planning permission for the Co-op Supermarket, Macaulay Road, Stornoway, Isle of Lewis (95/108).
Install Septic Tank at West Loch Tarbert, Isle of Harris	15		The Director of Corporate Services, following consultation with the Chairman, withdrew this item.
			The Chairman ruled that in accordance with the provisions of Section 50B (4) of the Local Government (Scotland) Act 1973, as amended, the following three items be considered as a matter of urgency in order to allow the Committee to take a view on these matters prior to its next meeting.
Industrial Female School, Keith Street, Stornoway, Isle of Lewis  Request for Grant DS21.01	16		The Director for Sustainable Communities submitted a Report concerning a request for grant from the Lewis and Harris Building Preservation Trust in respect of the Industrial Female School, Keith Street, Stornoway, Isle of Lewis.  The Report intimated that as several members of staff within the Department for Sustainable Communities served on the Lewis and Harris Building Preservation Trust and as the Chairman was a partner in the company that provided the Trust with an accounting service, the matter had not been dealt with in terms of the Comhairle’s Scheme of Delegation and was presented to the Committee for consideration.
			It was agreed to recommend that the application for funding a feasibility study to assess the viability of potential users and the technical requirements for restoration of the Industrial Female School, Keith Street, Stornoway, Isle of Lewis be approved and that the Director for Sustainable Communities be authorised to make a grant in the sum of £4,945 for this purpose, on the basis of the sum involved being met from the conservation budget within the Programme of Capital Expenditure.
Re-site Portable Unit at Church of Scotland, Clachan, North Uist DS21.01	17		The Director for Sustainable Communities submitted a Report concerning an application for planning permission to re-site a portable unit at Church of Scotland, Clachan, North Uist.  The Report gave background information and intimated that as the Head of Development Services was an Elder of the Carinish congregation, the matter had not been dealt with in terms of the Comhairle’s Scheme of Delegation and was presented to the Committee for consideration. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the re-siting of a portable unit at the Church of Scotland, Clachan, North Uist, subject to the Condition that the portable unit would be removed within two years, from 5 December 2003 or, if earlier, when the new hall is brought into use
Amendment to Car Park at Scalpay DS21.01	18		The Director for Sustainable Communities submitted a Report concerning a submission of amendment to planning permission (Ref: 02/00345).  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 approve a minor amendment to planning permission Reference: 02/00345, on the basis of the amended plans detailed in the Report.
			ENVIRONMENTAL HEALTH
Review of the Consultation on Provision of Public Convenience Facilities in the Western Isles CH03.07	19		The Director for Sustainable Communities submitted a Report inviting the Committee to consider the outcome of the consultation exercise undertaken on public conveniences and to give consideration to the future provision of public convenience facilities in the Western Isles.  The Report gave background information on the existing public convenience service in the Western Isles, which was managed in two distinct ways.  The larger public convenience facilities such as those at Perceval Square, Stornoway, Isle of Lewis being maintained directly by the Comhairle and with almost all smaller rural facilities being managed by community organisations.  The Report summarised the outcome of the consultation exercise undertaken to establish the perceived needs for public convenience provision in the Western Isles and intimated that nearly all respondents had suggested that public convenience facilities would be of greatest benefit to tourism in the Western Isles.  The Report gave detailed information on the financial implications associated with extending the public convenience service.  The Report further intimated that three requests had been received for an extension of the Perceval Square manned opening hours to seven days a week and gave information on the costs associated with this extension of opening hours. It was recommended in the Report that:
			(a) the Comhairle agree to complete the existing approved programme of development of Public Convenience facilities in the Western Isles, subject to capital funding being available; (b) the Comhairle give consideration to the results of the consultation on the provision of public convenience facilities and determine if an increase in the provision of rural facilities could be developed as part of an improved tourism infrastructure in the Western Isles; (c) the Comhairle give consideration to the request for an extension of the manned opening hours of the Perceval Square Public Conveniences to seven days a week; and (d) the Comhairle consider how any extension of the existing public convenience service could be funded.
			It was agreed to recommend that: (1) the Comhairle complete the existing approved programme of development of Public Convenience facilities in the Western Isles, subject to capital funding being available; (2) the Comhairle agree to an increase in the provision of rural toilet facilities, which could be developed as part of an improved tourism infrastructure in the Western Isles, and; (3) the Director for Sustainable Communities be requested to submit a Report to a future meeting of the Committee on the options available to the Comhairle, in relation to the future operation of the Perceval Square Public Conveniences.
Houses in Multiple Occupation Licensing:  Additional Funding CH04	20		The Director for Sustainable Communities submitted a Report seeking homologation of the action taken by him in agreeing targets for the Comhairle for the licensing of houses in multiple occupation, linked to additional funding.  It was intimated that targets agreed with the Scottish Executive for the licensing of houses in multiple occupation would be revised as the situation developed and that it was the intention that objectives would be reviewed and new estimates provided before 31 March 2004.
			It was agreed to recommend that the action taken by the Director for Sustainable Communities in agreeing targets for the licensing of houses in multiple occupation, listed at Appendix 1 of the Report and linked to additional funding, be homologated.
			CONSUMER PROTECTION
Consumer Direct:  Transfer of Calls CH02.01.12	21		The Director for Sustainable Communities submitted a Report seeking agreement that, once Consumer Direct was established, all calls to the Comhairle for consumer advice be transferred in the first instance to Consumer Direct.  The Report stated that the new national advice line, Consumer Direct, would be established across Scotland and that it would probably be located in the Western Isles.  It was further intimated that the Department for Trade and Industry had stated that it was crucial to the success of Consumer Direct that all calls for consumer advice to Local Authorities be transferred to Consumer Direct as early as possible, in order to ensure a high call volume. It was further stated in the Report that as the Comhairle, in its bid to secure Consumer Direct for the Western Isles, was trying to persuade all other Local Authorities in Scotland to transfer calls to Consumer Direct, it would be helpful for the Comhairle to agree to call transfer at an early stage.
			It was agreed to recommend that, as soon as Consumer Direct was established in Scotland, all calls to the Comhairle seeking consumer advice be transferred, in the first instance, to Consumer Direct.
			WASTE MANAGEMENT
			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 of Schedule 7A of the Local Government (Scotland) Act 1973, as amended, 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.
Engagement of Consultants:  Waste Strategy Implementation CH03.08		22	The Director for Sustainable Communities submitted a Report seeking homologation for the action taken to submit to tender the contract for the provision of consultancy services for the construction of the waste processing infrastructure required under the Comhairle’s Waste Strategy Implementation Plan.  The Report stated that it was important for the Comhairle to take such steps, as were appropriate, to progress the Comhairle’s bid to the Strategic Waste Fund for the funding required for future waste management in the Western Isles.
			It was agreed to recommend that: (1) the Comhairle agree to homologate the actions taken by the Director for Sustainable Communities to submit to tender the contracts for the provision of consultancy services for the planning, permitting, design, procurement and construction of all waste processing infrastructure required under the Comhairle’s Waste Strategy Implementation Plan, on the basis that the homologation be granted for both the processes detailed in the Report, namely the exemption from advertising tenders for the provision of consultancy services and the seeking of invitations to tender from the selected tenderers, in light of the specialist nature of the works and the particular consultancy skills required, and;
			(2)           a Sub-Committee, with a quorum of three, comprising the following                 Membership:                 Chairman, Environmental Services Committee                 Vice-Chairman, Environmental Services Committee                 Convener                 Vice-Convener                 Vice-Chairman, Policy and Resources Committee be established, with delegated powers, to determine all matters relating to the implementation of the Comhairle’s Waste Strategy, subject to: (a) no additional cost to the Comhairle; (b) Reports being submitted regularly to the Committee, giving information on the progress being made in relation to the Strategy, and; (c) all Personnel matters associated with the implementation of the Strategy being submitted to the Human Resources Sub-Committee
Use of Scottish Waste Awareness Group as Advisors CH03.08		23	The Director for Sustainable Communities submitted a Report seeking approval to use the Scottish Waste Awareness Group as the Comhairle’s advisors for drawing up and implementing a Western Isles wide waste awareness campaign.  It was stated in the Report that public education awareness would form a significant part of the Western Isles Waste Strategy Implementation Plan and that it was essential that the Campaign was a success for the overall project to succeed.  It was further intimated that the Scottish Waste Awareness Group, who were also undertaking the Scottish Executive’s “Waste Aware Scotland” Campaign were a non-profit making organisation who had previously undertaken work in the Western Isles for the Waste Aware Campaign and had also contributed to the Western Isles Area Waste Plan.
			It was agreed to recommend that the Comhairle agree to the use of Scottish Waste Awareness Group as advisors to the Comhairle for the preparation and implementation of a Western Isles wide Waste Awareness Campaign.
			FLOOD PROTECTION
Flood Prevention and Land Drainage (Scotland) Act 1997 DS62		24	The Director of Technical Services submitted a Report on flooding of non-agricultural land for the years 2002 and 2003 in accordance with the requirements of the Flood Prevention and Land Drainage (Scotland) Act 1997.  The Report detailed the occurrences of flooding of non-agricultural land, together with details of the measures taken to prevent or mitigate such flooding and information on measures which were considered to be required to be taken to prevent flooding. It was further intimated that the flooding problems referred to in the Report related only to watercourses and did not cover flooding which was tidal in nature.
			It was agreed to recommend that the Report be noted.
			PERFORMANCE MONITORING
Reports Outstanding:  Progress PR33.01.13		25	The Acting Director of Corporate Services submitted a Report detailing the Reports Outstanding arising from decisions of the Comhairle. It was agreed to recommend that the Report be noted. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report on the cost and staff resources associated with compiling a monthly price comparison of goods in the Western Isles and on the mainland.
			The Committee agreed to adjourn until 3.45pm on 3 December, 2003 , in the Council Offices,  Stornoway where the following Members were found to be present: Mr Angus Nicolson (Chairman) Mr Ian M Macleod (Vice-Chairman) Mrs Morag Munro Mr Martin C Taylor Mr Peter Carlin Mr Ronald J Mackinnon Mr Angus Macdonald Mr Alastair Banks, Head of Development Services, outlined the arrangements for the site visit to 14/15 Garden Road, Stornoway, Isle of Lewis.
			The Committee visited the site at 14/15 Garden Road, Stornoway, Isle of Lewis.
			The Chairman invited Mr Alastair Banks to address the meeting and answer Members’ questions in relation to the site. Mr Banks responded to Members’ questions.
Change Upholstery Workshop into a Café on ground floor, 14/15 Garden Road, Stornoway, Isle of Lewis DS21.01			With reference to Item 11 above, the Director for Sustainable Communities submitted a Report concerning an application for planning permission for the change of use of the existing premises into a café on the ground floor of 14/15 Garden Road, 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 the Director for Sustainable Communities be authorised to grant planning permission for change of use of the existing premises into a café on the ground floor of 14/15 Garden Road, Stornoway, Isle of Lewis, subject to the conditions detailed at Appendix 1 of the Report. The Chairman, seconded by the Vice-Chairman, moved that the Director for Sustainable Communities be authorised to refuse the application for planning permission for change of use of the existing premises into a café on the ground floor at 14/15 Garden Road, Stornoway, Isle of Lewis, for the following reason:
			The lack of off-street car parking on the site and the proposed use is likely to give rise to higher levels of on-street car parking that will be detrimental to the amenities of residents of Garden Road. Mr Peter Carlin, seconded by Mr Martin Taylor, moved as an amendment that the Director for Sustainable Communities be authorised to grant planning permission for change of use of the existing premises into a café on the ground floor of 14/15 Garden Road, Stornoway, Isle of Lewis, subject to the conditions detailed in the Report by the Director for Sustainable Communities.
			On the matter being put to the vote, the amendment received the majority of votes cast and it was agreed to recommend accordingly.