ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 27 March 2002 at 9.00am

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

		MINUTES
Environmental Services	1	The Minute of Meeting of 30 January 2002 was approved.
		DEVELOPMENT CONTROL
Alter Roof of Barn at 17 Coll, Isle of Lewis DS21.01	2	The Director for Sustainable Communities submitted a Report concerning a prior notification which had been received from Mrs Jane Macleod, 17 Coll, Isle of Lewis, who was the wife of an Assistant Director with the consequence that the notification was not being dealt with under delegated powers. The Report indicated that the proposals, as submitted, were in conformity with planning legislation, and had not been the subject of any objection. It was agreed that the Director for Sustainable Communities be authorised to confirm that no objections be raised to the proposals to Alter Roof of Barn at 17 Coll, Isle of Lewis.
		The Chairman ruled in terms of Standing Order 8 that 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 the next meeting of the Committee.
Lingerbay: Withdrawal from Court of Session Hearing	3	The Director for Sustainable Communities submitted a Report concerning the decision of the Scottish Executive to withdraw its answers to the appeal by Lafarge Redland Aggregates Limited regarding the decision of the Scottish Ministers to refuse the planning application for a Coastal Superquarry at Lingerbay, Isle of Harris. The Report stated that to protect the Comhairle's interests the Director of Corporate Services had instructed the withdrawal of the Comhairle's answers submitted to the Court of Session. It was further envisaged in the Report that the Scottish Executive would soon be writing to all parties to the 1994-95 Public Local Inquiry and that as soon as a letter had been received from the Scottish Executive, it was proposed to submit another report to clarify the implications and to seek instructions on the terms of any response that may be sought from the Comhairle. It was recommended that the Report be noted.
		It was agreed to note the Report by the Director for Sustainable Communities, concerning "Lingerbay: Withdrawal from Court of Session Hearing" and that consideration of any letter from the Scottish Executive on the Proposed Superquarry at Lingerbay, Isle of Harris be referred to a Special Meeting of the Environmental Services Committee.
		PLANNING APPLICATIONS
Erect Fuel Depot at Stornoway Airport, Stornoway, Isle of Lewis DS21.01	4	With reference to item 155 of the Minute of Meeting of 3 October 2001 the Director for Sustainable Communities submitted a Report indicating that the applicant Air BP was reluctant to enter into a Section 75 Agreement in respect of landscaping of the site at Stornoway Airport, Stornoway, Isle of Lewis. The Report gave background information in relation to the revised proposals submitted by the applicant in connection with landscaping for the proposed new fuel depot at Stornoway Airport, Stornoway, Isle of Lewis. It was agreed that the Director for Sustainable Communities be authorised to grant Planning permission for the erection of a Fuel Depot at Stornoway Airport, Stornoway, Isle of Lewis, subject to the conditions detailed at Appendix 1 of the Report and subject to an additional condition requiring submission of details of the seeding and planting of the proposed landscaped bunds which shall be undertaken to the satisfaction of the Director for Sustainable Communities.
Loft Conversion with Four Dormer Windows, Sealladh na Mara, Coll, Isle of Lewis DS21.01	5	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for Loft Conversion with 4 dormer windows, Sealladh na Mara, Coll, Isle of Lewis. The Report gave background information, commented on the application and indicated that as the applicant, Mr Robert W Bennie, was the Director of Ionmhas, the matter was not being dealt with under delegated powers. The Report indicated that the proposals, as submitted, were in conformity with planning legislation.
		It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for a Loft Conversion with Four Dormer Windows at Sealladh na Mara, Coll, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
Erect Two Polytunnels at Cearn Shiaraim, Stornoway DS21.01	6	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of two polytunnels and a small shed within a 1.9 metre high green windbreak fence at Cearn Shiaraim, Stornoway, Isle of Lewis. 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 erection of two polytunnels and a small shed within a 1.9 metre high green windbreak fence at Cearn Shiaraim, Stornoway, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
Display Sign at Co-op, 37 Cromwell Street, Stornoway, Isle of Lewis DS21.01	7	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the re-signing of the Cromwell Street frontage of the Co-op store in Stornoway, Isle of Lewis. 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 a Display Sign at the Co-op, 37 Cromwell Street, Stornoway, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report and subject to an additional condition requiring removal of the fluorescent light, the internally illuminated projecting sign and any associated fittings, within one month of the date of the consent.
		Mr Donald I Nicholson declared an interest in the following item and left the Meeting during consideration of the matter.
Renewal Consent for Caravan, 131 Newmarket, Stornoway, Isle of Lewis DS21.01	8	The Director for Sustainable Communities submitted a Report concerning an application for the renewal of planning permission to retain a caravan at 131 Newmarket, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that the matter had been referred to the Committee as approval would be contrary to Local Plan policy with the consequence that the application could not be determined under delegated powers. It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for a residential caravan at 131 Newmarket, Stornoway, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
Restore Thatched Cottage, Infill Land on Shore Side and Create Access at Rushgarry, Berneray DS21.01	9	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the restoration of a thatched cottage and byre for residential use, infill of land on shore side and creation of access at Rushgarry, Berneray. 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 restoration of Thatched Cottage and Byre for residential use, infill of land on shore side and creation of access at Rushgarry, Berneray, subject to the conditions detailed in Appendix 1 of the Report.
Change of Use from Retail Unit to Community Centre at Lochboisdale, South Uist DS21.01	10	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for change of use from Retail Unit to Community Centre. The Report gave background information, commented on the application and indicated that as the applicant's agent was Mr Philip McLean, Member for the Plasterfield Ward, the matter was not being dealt with under delegated powers. The Report indicated that the proposals, as submitted, were in conformity with planning legislation.
		It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for a change of use from Retail Unit to Community Centre, at Lochboisdale, South Uist, subject to the conditions detailed in Appendix 1 of the Report.
Erect Office at Daliburgh, South Uist DS21.01	11	The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect an office at Daliburgh, Lochboisdale, South Uist. The Report gave background information, commented on the application and indicated that as the applicant's agent was Mr Philip McLean, Member for the Plasterfield Ward, the matter was not being dealt with under delegated powers. The Report indicated that the proposals, as submitted, were in conformity with planning legislation.
		It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for the erection of an office at Daliburgh, South Uist, subject to the conditions detailed in Appendix 1 of the Report.
		TRAINING: PLANNING
Community Training Events for Planning CH02.01.02	12	The Director for Sustainable Communities submitted a Report giving background information on community training events organised by Planning Aid Scotland which aimed to improve the ability of community groups to participate more effectively in the planning process. It was stated in the Report that Planning Aid Scotland had organised events covering the Uists and Benbecula and Lewis and Harris and that it was anticipated that audiences would be drawn from Community Councils, Residents Groups, Grazings Committees etc. It was further intimated in the Report that Planning Aid Scotland could offer separate training for Members focusing on the Community/Member Planning Interface and that this type of training could be considered as part of a future Members' training programme.
		It was agreed, insofar as the Committee's interest was concerned: (1) to support the Planning Aid Scotland offer to organise three community training events in the Western Isles; and (2) that the cost of venue hire and refreshments for each event be met from the Strategic Planning and Projects Budget.
		BUILDINGS
Repairs & Maintenance (Revenue) Programme 2001/2002: Quarterly Expenditure Report to 19 February 2002 PR110.08	13	The Director of Technical Services submitted a Report giving details of the expenditure incurred on the repair and maintenance of properties held on the Environmental Services account during the period 1 April 2001 - 19 February 2002. It was agreed to note the Report concerning the Repairs & Maintenance Revenue Programme 2001/02 Quarterly Expenditure Report to 19 February 2002 and note that further reports on the Repairs & Maintenance of properties held on the Environmental Services Account would continue to be placed before Committee at quarterly intervals.
		ENVIRONMENTAL HEALTH
Private Slaughter of Livestock CH03.02	14	The Director for Sustainable Communities submitted a Report appending a summary of the opinion of J J Mitchell, QC, concerning the Food Standards Agency Scotland's Draft Guidance on the private slaughter of animals. It was indicated in the Report that Counsel had advised that the effect of EU Regulation 999/2001 would be to prevent slaughter for human consumption outside a licensed slaughterhouse. The Report further indicated that the Scottish Executive had issued a draft of the Scottish Transmissible Spongyiform Encephalopathy (Scotland) Regulations and that homologation was now sought for the response submitted to the Executive as detailed at Appendix 2 of the Report.
		It was agreed, insofar as the Committee's interests were concerned, that Counsel's opinion in respect of draft guidance from the Food Standards Agency (Scotland) on the private slaughter of animals be noted and that the action taken by the Director for Sustainable Communities in responding to the Consultation on the draft Transmissible Spongiform Encephalopathy (Scotland) Regulations, included at Appendix 2 of the Report, be homologated.
Food Safety Enforcement Service Plan CH03.01.32	15	The Director for Sustainable Communities submitted a Report seeking approval for the Food Safety Enforcement Service Plan for 2002-2003. It was indicated in the Report that the Comhairle was required to develop the Service Plan in line with the Food Standards Agency Framework Agreement on Local Authority Food Law Enforcement and that the Plan would be audited by the Food Standards Agency (Scotland) as part of their Audit in May 2002.
		It was agreed that the Food Safety Enforcement Service Plan for 2002-2003 be approved.
Health and Safety at Work Enforcement M07.02	16	The Director for Sustainable Communities submitted a Report appending a draft Health and Safety Enforcement Policy. It was indicated in the Report that it was proposed to consult with businesses and the public on the Enforcement Policy which had been drafted in accordance with the principles of the "Enforcement Concordat". The Report further referred to the proposal to designate an Officer of the Comhairle with appropriate knowledge and experience to be the Lead Officer for Health and Safety.
		It was agreed that: (1) the Health and Safety Enforcement Service Plan and associated policies and procedures be adopted;
		(2) Christine Schofield, Senior Environmental Health Officer be designated Lead Officer for Health and Safety;
		(3) the Health and Safety Enforcement Policy, included at Appendix 1 of the Report be approved for consultation, and;
		(4) the Scheme of Delegation be amended to permit the Director for Sustainable Communities to make minor amendments to the Health and Safety Enforcement Policy.
		PUBLIC CONVENIENCES
Public Convenience Provision in Key Area of South Uist CH03.07.24	17	The Director for Sustainable Communities submitted a Report outlining an alternative approach to that previously agreed by the Comhairle in relation to the provision of public convenience facilities within the north end of South Uist. It was indicated in the Report that it was proposed to make provision for public convenience facilities through the use of the existing facilities at Taigh Gheirinis, in place of the facilities at Iochdar Hall and that the West Gerinish Amenity Trust had agreed to make public convenience facilities available over the summer months from 0800 - 2000, seven days a week, on the basis that the Trust would be eligible for the service and maintenance grant from the Comhairle of £85.00 per month, for a period of six months.
		It was agreed: (1) to proceed with the provision of public convenience facilities in the gap area, or Key Area, already identified in South Uist, using existing facilities at Taigh Gheirinis, in place of facilities at Iochdar Hall, and;
		(2) that, following a summer 2002 trial, a further Report be brought before the Committee by the Director for Sustainable Communities to agree on a longer term approach for the provision of public conveniences at the north end of South Uist.
		COAST PROTECTION
Storm Damage to Coastal Protection Works DS60.01	18	The Director for Technical Services submitted a Report identifying those emergency works which had been carried out resulting from storm damage on 28 January and 1 February 2002. It was stated in the Report that the estimated costs of the works was £35,000 and that this sum could be met from provision within the Revenue Estimates for 2001/2002. The Report further referred to the establishment of a Coastal Zone Management Forum and that it was proposed to arrange a Seminar to initiate the Forum. It was envisaged in the Report that an early task of the Forum would be to make a priority list of areas for which shoreline management plans should be prepared. The Report also emphasised that coast protection related works estimated in the sum of £1,115,000 had been identified and that as such works could not be undertaken within the present limits set for the Programme of Capital Expenditure it was proposed that a case be made to the Scottish Executive for additional capital funding, with the assistance of the COSLA taskforce on flood prevention and coastal flooding.
		It was agreed: (1) to note the emergency works detailed in Appendix 1 of the Report by the Director of Technical Services, resulting from the storm damage of 28 January and 1 February 2002, which had been funded from provision within the relevant Revenue Budgets;
		(2) to note the proposed medium and long-term proposed coastal protection works required at several of the sites as detailed at Appendix 1 of the Report by the Director of Technical Services and to seek to fund these works from a special capital allocation to be sought from the Scottish Executive, with assistance from the COSLA taskforce on flood prevention and coastal flooding; and (3) to note that a Seminar would be arranged to inaugurate the Coastal Zone Management Forum. Arising out of consideration of the above Item, it was agreed that: (1) the Chairman would write to Historic Scotland requesting financial assistance from that organisation to ensure that historical artefacts were not lost as a result of coastal erosion; (2) the Director of Technical Services and Director for Sustainable Communities would examine the current position with regard to vehicular access to the cemetery at Baleshare; and (3) the Government's projections for sea levels around the Western Isles be submitted to the Seminar to be held in connection with the inauguration of the Coastal Zone Management Forum.
		WASTE COLLECTION DISPOSAL
Recycling - Progress Report CH03.08.33	19	The Director for Sustainable Communities submitted a Report giving information on the progress made in relation to recycling. The Report referred to the establishment of a materials recycling facility and the introduction of a pilot project for the collect of recyclates in the Western Isles and it was further stated that it was proposed to expand the collection service during the 2002/2003 financial year. It was also stated in the Report that there was a need to replace some of the equipment which had been used in a previous privately operated collection and process system, as this system were no longer appropriate for the operation of the systems currently used by the Comhairle. The Report gave information on the mobile car/metals baler which it was anticipated would be delivered in mid/late March 2002 and would be capable of baling both end of life vehicles and metals removed from the waste stream on both of the Comhairle's landfill sites. The Report concluded that, as landfill tax continued to rise, the importance of recycling would continue to increase and that there was a clearly identified need for the Comhairle to anticipate changes in relation to the demand for recycling.
		It was agreed:
		(1) to note the progress made on recycling and the developments outlined within the Report by the Director for Sustainable Communities; and
		(2) to approve the selling or exchanging of the redundant collection and process equipment, referred to in the Report, as part of a package to fund the purchase of more suitable technology.
Utilisation of Landfill Gas - Bennadrove Landfill Site CH03.08.05	20	The Director for Sustainable Communities submitted a Report seeking approval to invite proposals from landfill gas development companies for the utilisation of landfill gas at the Bennadrove Landfill Site. The Report stated that it was a Key Task to examine the possibility of reducing emissions of green house gases from the Bennadrove Landfill Site by the use of energy from waste technologies and that the investment required to develop such a system would be significant.
		It was agreed that the Director for Sustainable Communities be authorised to seek proposals from landfill gas development companies for the development of a landfill gas utilisation project at the Bennadrove Landfill Site.

		RELATED MATTERS
Policy Review of Charging for Copy Documentation	21	The Director for Sustainable Communities submitted a Report concerning a request to waive the Comahirle's policy on charging for copy documentation. The Report gave background information in relation to the request and suggested that it would be appropriate to amend the existing policy on copy documentation.
		It was agreed: (1) to approve the amendment to the Charging Policy for copy documentation, as detailed in the Report by the Director for Sustainable Communities; and (2) to agree to the request by the objector, referred to in the Report, that charges be waived and to approve the refund of the fee already paid.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	22	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.