ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 28 August 2002 at 9.00am

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

			MINUTES
Environmental Services Committee		1	The Minutes of Meetings of 29 May and 13 June 2002 were approved.
			POLICY
Amendments to the Caravan Sites Policy DS20.02		2	The Director for Sustainable Communities submitted a Report concerning the Comhairle's Caravan Sites Policy which had operated since 1993. It was intimated in the Report that it was not proposed to radically alter the Policy, as it had worked reasonably well in practice, although it was proposed to change the Policy by adding a section on enforcement issues, arising from existing residential and holiday caravan sites. The Report outlined the considerations which would be taken into account prior to deciding whether Enforcement Action should be taken. It was agreed to approve the amended Caravan Sites Policy, as detailed in the Report.
Repairs & Maintenance (Revenue) Programme 2002/2003: Quarterly Expenditure Report to 6 August 2002 PR110.08		3	The Director of Technical Services submitted a Report informing Members of the situation in respect of expenditure on the Repair & Maintenance of properties held on the Environmental Services Account for the period 1 April 2002-6 August 2002. It was agreed to note: (1) the Report; and (2) that further Reports on the Repairs and Maintenance of properties held on the Environmental Services Account would continue to be placed before the Committee at quarterly intervals.
			FINANCE
Non-Housing Capital Monitoring: 1 April 2002 - 30 June 2002 PR110.01		4	The Director of Finance submitted a Report informing Members of progress on the Capital Programme and seeking decisions on changes. It was stated that total resources to fund gross capital expenditure in 2002/03 were £17,312,000 which consists of £14,799,000 Capital Consent and £2,473,000 Useable Capital Receipts and £40,000 from Revenue. It was further stated in the Report that if all the projects on the Comhairle's conditional list were successful in attracting funding the programme would be over-committed by £175,000 or 1.01%. It was agreed to recommend approval of the Report by the Director of Finance, insofar as the Committee's interests were concerned.
Fourth Quarter Revenue Outturn 2001/02 PR110.08		5	The Director of Finance submitted a Report informing Members of the financial performance of the Comhairle for 2001/02 and seeking approval for the carry-forward of budgets and the allocation of balances. It was agreed to approve the recommendations as detailed in the Report, insofar as the Committee's interests were concerned.
First Quarter Revenue Forecast Outturn 2002/03 PR110.08	6		The Director of Finance submitted a Report informing Members of the Comhairle's forecast outturn for 2002/03 following the first quarter monitoring. It was agreed to note the Report
Re-allocated Scottish Budget Resources PR0.04	7(a) 7(b)		The Director of Finance submitted a Report advising Members of additional funding from the Scottish Executive and seeking approval for its allocation. It was agreed, for the Committee's interest to: (1) approve the allocation of £166,000 from balances to increase the resources available to £1,000,000; (2) approve the allocation of the resources given in the Appendix of the Report; and (3) instruct Officers to draw up detailed plans for relevant Committees, within the criteria given in paragraph 2.2 of the Report, for approval. The Director for Sustainable Communities submitted a Report to allocate the additional Scottish Budget Resources, within the theme "Improving our Local Environment". It was agreed to: (1) approve additional expenditure of £80K for the purchase and deployment of recycling banks throughout the Western Isles to promote community participation in waste recycling, and; (2) approve additional expenditure of £70K for a range of litter initiatives and for the collection and recycling of abandoned vehicles as outlined in the Report.
			Mr Alastair G Macrae declared an interest in the following Item and left the Meeting during consideration of the matter.
Lewis Windfarm: "Scoping Opinion"	8		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 "Scoping Opinion", in connection with the company's proposals to develop a Windfarm on the Isle of Lewis. Appended to the Report was a map showing the proposed development area. It was further stated that the proposed windfarm was expected to involve the construction of 240 turbines, each capable of producing 2.5MW giving a total potential output of 600MW. The Report stated that as this output would be above 55MW, the proposal had to be determined, under the 1986 Energy Act, by the Scottish Ministers. The Report further intimated that given the size of the proposed windfarm, any application to the Scottish Ministers had to be accompanied by an Environmental Impact Assessment and that the relevant Environmental Impact Assessment Regulations, allowed an applicant to seek a "Scoping Opinion". It was explained in the Report that the purpose of the "Scoping Opinion" was to inform the applicant whether there were any omissions or matters that needed to be addressed differently in the Environmental Impact Assessment. The Report gave details of Lewis WindPower Ltd's request for an Environmental Impact Assessment Scoping Opinion and it was further stated that the Scottish Executive had requested the Comhairle to give its views on the information which ought to be provided in the Environmental Impact Assessment. The Executive had requested the Comhairle's comments to be related to six categories derived from Schedule 4 of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, namely; (1) description of the development; (2) description of the environmental impacts; (3) analysis of the environmental impact including methodology; (4) descriptions of methods to offset adverse environmental effects; (5) non-technical summary, and; (6) difficulties in compiling additional information. It was further suggested in the Report that the Comhairle should draw to the attention of the developer the following points. (1) that the most up-to-date Western Isles Planning Policy Guidance was contained in the Comhairle's Consultation Draft Structure Plan, published for consultation in March 2002, and; (2) that the Comhairle had reservations regarding the proposed inclusion of an economic assessment within the Environmental Impact Assessment and that it was suggested that the Economic Assessment should be separate from the Environmental impact Assessment. The Report emphasised that the Comhairle would be formally consulted on the actual development proposal itself by the Scottish Executive, should an application be made by Lewis WindPower Ltd. It was agreed that the views expressed in Sections 5 to 11 of the Report by the Director for Sustainable Communites submitted to the Scottish Executive as the Comhairle's views on the request by Lewis WindPower Ltd for a Scoping Opinion and that it be delegated to the Director for Sustainable Communities, in consultation with the Chairman and Vice-Chairman, to amend the submission to the Scottish Executive to include any relevant information which may be brought to his attention, including any such information arising from the Meeting of the Ness Community Council scheduled for Monday, 2 September 2002 and that the Director's submission to the Scottish Executive be made to meet the deadline of 5 September 2002.
			It was agreed that in accordance with the terms of Section 50A (4) of the Local Government (Scotland) Act 1973 the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information would be disclosed, namely any terms proposed or to be proposed, by or to the Comhairle in the course of negotiations for a contract for the acquisition or disposal of property, or the supply of goods or services and any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings), and any advice received, information obtained or action to be taken in connection with: (a) any legal proceedings by or against the Comhairle; or, (b) the determination of any matter affecting the Comhairle (whether, in either case, proceedings had been commenced or were in contemplation).
Lingerbay: Appeal by Lafarge Aggregates Limited in Respect of the Scottish Ministers' Determination re Old Mineral Permissions DS21.19.02	9		The Director of Corporate Services submitted a Report intimating that the Scottish Ministers, in a letter dated 28 May 2002 had advised the Solicitors acting on behalf of Lafarge Aggregates Ltd that the Scottish Ministers had upheld Lafarge Aggregate Ltd's appeal against the refusal by the Comhairle to include the planning permission granted by Inverness County Council in 1965, in respect of mineral working at Lingerbay, Isle of Harris, on the list of old mineral permissions. It was stated in the Report that the permission was only in respect of those areas indicated on a plan submitted on 7 June 1965. It was further intimated that on 9 July 2002, Lafarge Aggregates Ltd had exercised a right of appeal against the decision of the Scottish Ministers under Section 239 of Schedule 9 of the Town & Country (Planning) Scotland Act 1997. The Report indicated that a copy of the Appeal was served on the Comhairle as well as on Scottish Ministers on 11 July 2002. The Report gave details of the procedure involved in relation to the Appeal and stated that if any party wished to be involved in the Appeal, answers required to be lodged by 1 August 2002, and that in light of the timescale involved, the Director of Corporate Services had exercised his delegation to lodge answers to the appeal by Lafarge Aggregates Ltd against the decision of the Scottish Ministers.
			It was agreed: (1) to note that the Director of Corporate Services had exercised his delegation to lodge Answers to the Appeal by Lafarge Aggregates Limited against the decision of the Scottish Ministers to allow their Appeal against the inclusion of the "1965 Permission" on the list of old mineral permissions, only to the extent detailed in Chapter 8.10 of the Reporter's recommendations; and (2) that the Comhairle do not instruct Counsel, at this stage, to prepare for or represent the Comhairle at any Appeal Hearing but that it be delegated to the Director of Corporate Services to continue to monitor the progress of the Appeal, on the basis that if an issue was raised prior to the Hearing in which the Director of Corporate Services determined the Comhairle may have an interest, the matter would be referred to the Committee
Lingerbay: Reconsideration of 1991 Application	10		With reference to Item 1 of the Minute of Meeting of 13 June 2002, the Director for Sustainable Communities submitted a Report appending a letter dated 1 July 2002 from the Scottish Executive entitled "Town & Country Planning (Scotland) Act 1997: Proposed Extraction, Processing and Transport by Sea of an anorthosite from land near Rodel, Isle of Harris and to construct the relevant facilities", in which the Comhairle was invited to consider whether it wished to submit any "new evidence or information" to be put to the Scottish Ministers in their reconsideration of the 1991 Application by Redland Aggregates Ltd (now trading as Lafarge Aggregates Ltd) for a coastal superquarry at Lingerbay, Isle of Harris. The Report considered whether there had been any changes since the closure of the 1994/95 Public Local Inquiry that should be put to the Scottish Ministers and in particular, commented on any changes in respect of: (1) the Development Plan (Structure Plan and Local Plan); (2) National Planning Policy Guidance and Advice; (3) National Heritage or other relevant designations; (4) Socio-economic factors (including population statistics, investment indicators and comparisons in respect to applications for development, and; (5) any other material considerations. It was emphasised in the Report that the Scottish Ministers had stressed that only "new evidence or information" should be submitted. The Report stated that following an assessment of the relevant areas of potential change, it was concluded that there were no material changes for the Comhairle, as Planning Authority to report. It was agreed to recommend that in respect to reconsideration of the planning application for a coastal superquarry at Lingerbay, Isle of Harris, the Scottish Executive be advised that the Comhairle does not have any "new evidence or information" that it would wish to be considered by the Scottish Ministers.
			PLANNING APPLICATIONS
			Mr Donald I Nicholson declared an interest in the following item and left the Meeting during consideration of the matter.
Construct Stone Gateway Feature at Aignish, Isle of Lewis DS21.01	11		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the construction of a Stone Gateway Feature at Aignish, Isle of Lewis. The Report indicated that the matter had been referred to the Committee, as the Agent was Mr Donald I Nicholson, Member for the Braighe 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 that the Director for Sustainable Communities be authorised to grant planning permission for the construction of a Stone Gateway Feature at Aignish Isle of Lewis subject to the conditions detailed in Appendix 1 of the Report.
Erect Church and Associated Offices and Car Park, North Street, Sandwick, Isle of Lewis DS21.01	12		The Director for Sustainable Communities submitted a Report concerning an application for approval of reserved matters, following the grant of outline consent (Ref 00/00106) for the erection of a Church and Associated Offices and Car Park at North Street, Sandwick, Isle of Lewis. The Report commented on the application and indicated that representations had been received. The Report gave background information and commented on the application and indicated that representations had been received. It was agreed that the Director for Sustainable Communities be authorised to grant approval of reserved matters for the erection for a Church and Associated Offices and Car Park, North Street, Sandwick, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
Replacement Roof Covering, "Your More Store", 4 Francis Street, Stornoway, Isle of Lewis DS21.01	13		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the re-roofing of the "Your More Store" building, 4 Francis Street, Stornoway, Isle of Lewis. It was indicated that it was proposed to replace the existing defective felt-proof material with metal box profile sheeting. The Report gave background information and commented on the application and indicated that the matter had been referred to the Committee, in light of the sensitivity of a recent decision to oppose a profiled metal roof covering on the "An Lanntair Development" on an adjacent site. It was further intimated in the Report that the proposed low pitched roof on the "Your More Store" building was not readily visible form the surrounding area and consequently did not detract significantly from the Outstanding Conservation Area. It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for Roof Cladding Replacement on the "Your More Store" Building, 4 Francis Street, Stornoway, Isle of Lewis subject to the conditions detailed in Appendix 1 of the Report.
Install Replacement Windows at 52 Church Street, Stornoway, Isle of Lewis DS21.01	14		With reference to Item 7 of the Minute of Meeting of 29 May 2002, the Director for Sustainable Communities submitted a Report concerning an application for planning permission and listed building consent to replace the existing timber-sash and case windows with aluminium faced tilt-and-turn windows at 52 Church Street, Stornoway, Isle of Lewis. It was stated that the building currently occupied by BBC Scotland was located on the corner of Matheson Road and Church Street, Stornoway. The Report gave background information and commented on the application and indicated that the application had been submitted to the Committee as the proposals were contrary to the Local Plan Policy. It was agreed that the Director for Sustainable Communities be authorised to refuse planning permission and listed building consent to replace existing windows at 52 Church Street, Stornoway, Isle of Lewis for the following reasons: The Comhairle is of the opinion that the proposals would adversely affect the architectural/historic character of the building to the detriment of the character of the Outstanding Conservation Area and is therefore contrary to the advice in National Planning Policy Guidance 18 on the historic environment, Policy PD4 of the Western Isles Structure Plan and Policies ENV 13 and 15 of the Finalised Broadbay Local Plan.
Extension to Existing Office Building, Gleann Seileach Business Park, Isle of Lewis DS21.01	15		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for an extension to an Existing Office Building, at Gleann Seileach Business Park, Isle of Lewis. The Report gave background information and commented on the application and indicated that the matter had been referred to the Committee for consideration as the Agent was Mr Philip Maclean, Member for the Plasterfield Ward. It was stated in the Report that the proposals 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 grant planning permission for an extension to the Existing Office Building, Gleann Seileach Business Park, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
			Mr Donald I Nicholson, Mr Norman A Macdonald and Mrs Morag Munro declared an interest in the following item and left the Meeting during consideration of the matter.
Redevelopment of Arnish Yard, Isle of Lewis DS21.01	16		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the redevelopment of the Arnish Fabrication Yard, Isle of Lewis. The Report gave background information, commented on the application and indicated that the application had been submitted to the Committee for consideration as the proposed development was regarded as being complex and potentially sensitive. It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for the redevelopment of Arnish Fabrication Yard, Isle of Lewis, subject to the conditions detailed in Appendix 1 of the Report.
			Mr Angus Campbell, a non-Member of the Committee, declared an interest in the following item and left the Meeting during consideration of the matter.
Petrol Pump and Parking at Breaclete, Bernera, Isle of Lewis DS21.01	17		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the installation of a Fuel Pump and Car Parking area on land to the south-east of Loch Geal, opposite the Bernera Shop in Breaclete, Isle of Lewis. The Report gave background information, commented on the application and gave details of the comments which had been received in response to consultation undertaken in respect of the application. It was recommended in the Report that the Director for Sustainable Communities be authorised to refuse planning permission for the installation of a Fuel Pump and Car Parking area on land to the south-east of Loch Geal, opposite the Bernera Shop in Breaclete, isle of Lewis for the following reason: It is considered that by virtue of the position of the proposed Petrol Station in relation to the adjacent development from which it would be serviced, the development would give rise to additional highway danger and be detrimental to the users of the development and to road safety. It was agreed that the Director for Sustainable Communities be authorised to grant planning permission for the installation of a Fuel Pump and Car Parking Area on land south-east of Loch Geal, opposite the Bernera Shop in Breaclete, Isle of Lewis on conditions to be determined by the Director Sustainable Communities.
			Mr Donald I Nicholson, Mr Norman A Macdonald and Mrs Morag Munro declared an interest in the following item and left the Meeting during consideration of the matter. Mr Donald Macdonald, a non-Member of the Committee declared an interest in the following item and left the Meeting during consideration of the matter.
Reclaim Land and Construct Harris Tweed Visitors Centre at Tarbert, Isle of Harris DS21.01	18		The Director for Sustainable Communities submitted a Report concerning two applications for planning permission for the reclaiming of land and servicing the site, construction of access and the erection of a Harris Tweed Centre with associated site works and parking at a site at the head of East Loch Tarbert, Isle of Harris, adjacent to Caberfeidh Stores. 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 Reclaiming of Land, Servicing the Site, Construction of Access and the Erection of a Harris Tweed Centre with associated Site Works and Parking at the head of East Loch Tarbert, Isle of Harris, extending from the area adjacent to Caberfeidh Stores, to approximately low water line, including the existing slip-way, subject to the conditions detailed in Appendix 1 of the Report and that it be delegated to the Director for Sustainable Communities, in consultation with the Director of Technical Services, to agree modifications to the access road and parking.
			Mr Donald I Nicholson, Mr Norman A Macdonald and Mrs Morag Munro declared an interest in the following Item and left the Meeting during consideration of the matter.
Seafarm Factory, Scalpay, Isle of Harris DS21.01	19		With reference to Item 4 of the Minute of Meeting of 13 June 2002, the Director for Sustainable Communities submitted a Report giving information on the extent of progress made by the operator of the Seafarm Factory, Scalpay, Isle of Harris, in complying with planning conditions relating to the submission of schemes for car-parking and the control of light and noise nuisance. The Report further identified enforcement options available to the Comhairle and indicated that the power to take enforcement action was discretionary and that prior to taking such action, the decisive issue for the Comhairle, as Planning Authority, should be whether the breach of planning control unacceptably affected public amenity. The Report concluded that overall it was considered that the initial requirements of the planning conditions had been met, but that it would be necessary to monitor the site to ensure full implementation and retention of the approved measures. The Report further stated that if, at any time, it was found that the approved measures were not being complied with, that in the absence of timeous correction, a Breach of Conditions Notice should be served. It was agreed that the Seafarm Site, Scalpay, Isle of Harris, be monitored to ensure compliance with planning conditions and that the Director for Sustainable Communities be authorised to instigate appropriate enforcement proceedings in the event of non-compliance. Arising out of consideration of the above matter, it was agreed that the Director for Sustainable Communities be requested to prepare a Report for the Information Bulletin concerning the facts surrounding the reporting of an incident relating to a fish farm at Loch Erisort.
Erect Learning Centre at Castlebay, Isle of Barra DS21.01	20		The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a Learning Centre, Castlebay, Isle of Barra. 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 a Learning Centre, Castlebay, Isle of Barra, subject to the conditions detailed in Appendix 1 of the Report. The Committee approved the above matter in accordance with Paragraph 17 of the Scheme of Administration, as it was necessary to comply with a deadline that fell on or before the date of the Comhairle, at which the decision would be considered if it was referred or called-in under the terms of Standing Order 61.
Radiation Monitoring During 2001/2002 CH03.01	21		The Director for Sustainable Communities submitted a report giving information of the results of the Radiation Monitoring for 2001/2002. It was indicated in the Report that following the "Chernobyl accident" in 1986, radiation monitoring had been undertaken in the Western Isles to provide information on the background levels of radiation in the environment of the Western Isles. It was further stated in the Report, that whilst the results of the radiation monitoring showed fluctuation in levels from previous years, the overall levels were so small that these changes were likely to be due to variations in sampling and analysis procedures, rather than changes in radiation levels in the environment. The Report further referred to the sampling undertaken by the West of Scotland Environmental Radioactive Monitoring Scheme, the Food Standards Agency and the Scottish Environmental Protection Agency and referred to the publication of these radiological surveillance programmes for 2002, know as RIFE-6. The Report stated that concern had been expressed that some of the sampling undertaken may not have been extensive enough and that given the experience and knowledge within the KIMO Organisation that the matter be referred to them for consideration. It was agreed to note the results of the radiation monitoring programme for 2001/2002 and that the action taken by the Director for Sustainable Communities, in referring the Radioactivity in Food and Environment 2000 Report to KIMO be homologated.
Fishery Product Hygiene Charges CH03.01	22		The Director for Sustainable Communities submitted a Report intimating that the Comhairle was now required to apply a range of charges to partially recover the costs of fish hygiene inspections. The Report intimated that the Comhairle was required to levy charges in respect of fishery products, landings from commercial vessels, fishery products entering approved establishments, and the inspection of certain lower risk fishery establishments and for the inspection of "EU approved" establishments which only chill, freeze, pack or store products. Full details of the Fishery Product Charging Scheme were detailed in Appendix 1 of the Report. The Report further referred to the requirement on the Comhairle to set an "accounting period" (between 1 month and a year) for the collection of the charges that were applicable to other fishery products. It was agreed that: (1) an hourly rate of £50 for the inspection of EU establishments only chilling, freezing, packaging or storing fishery products be applied, and; (2) the Chief Executive be authorised to amend the Scheme of Delegation to permit the Director for Sustainable Communities to set the accounting period for the collection of Fishery Product Hygiene Charges.
Attendance at KIMO Conferences CH02.07	23		The Director for Sustainable Communities submitted a Report inviting the Committee to consider whether the Comhairle should be represented at the KIMO International AGM and Conference and the KIMO UK Conference and Meeting. Details of the costs involved in attending both of the abovementioned events were given in the Report. It was agreed to recommend that the Chairman or his nominee should represent the Comhairle at the KIMO International Annual Conference and Annual General Meeting in Aberdeen and at the KIMO UK Conference in Ayr.
			It was agreed that in accordance with the terms of Section 50A (4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information would be disclosed, namely information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, or former office holder, or applicant to become an office holder under the Comhairle.
Staff Development MO6	24		The Director for Sustainable Communities submitted a Report recommending that the Comhairle support AM, Environmental Health Officer, in undertaking an MA Degree Course in Health and Safety Law and Environmental Law. It was agreed, insofar as the Committee's interests were concerned to support employee AM, Environmental Health Officer, in studying for an MA Degree in Health and Safety Law and Environmental Law.
Best Value Review - Development & Building Control DS20.01	25		With reference to Item 33 of the Minute of Meeting of 29 May 2002, the Director for Sustainable Communities submitted a Report appending the Finalised Service Improvement Plan which had been prepared for the Development and Building Control Service. It was intimated in the Report that the Finalised Service Improvement Plan took account of comments made by Members of the Comhairle and other stakeholders. It was agreed to approve the Finalised Service Improvement Plan.
Reports Outstanding: Progress PR33.01.12	26		The Chief Executive submitted a Report detailing the Reports Outstanding from decisions of the Committee. It was agreed to note the Report.

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