COMHAIRLE NAN EILEAN SIAR
ENVIRONMENTAL SERVICES COMMITTEE
Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 4 June 2003 at 9.00am
PRESENT |
Mr Angus Nicolson (Chairman) |
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Mr Ian M Macleod (Vice-Chairman) |
Mr Angus McCormack | |
Mr Alex A Macdonald |
Mrs Morag Munro | |
Mr Roderick Morrison |
Mr Donald Maclean | |
Mr George Lonie |
Mr Martin C Taylor | |
Mr Norman L Macdonald |
Mr Peter Carlin | |
Mr Keith Dodson |
Mr Ronald J Mackinnon | |
Mr Angus Campbell |
Mr Angus Macdonald |
MINUTES | ||
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Environmental Services Committee |
1 |
The Minutes of Meetings of 12 March and 20 May 2003 were approved. |
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Site Visit Committee 27 March 2003 |
2 |
The Minute of Meeting of the Site Visit Committee of 27 March 2003 was noted. |
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FINANCE | ||
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Capital Expenditure Out-Turn 2002/03 PR110.01 |
3 |
The Director of Finance submitted a Report detailing the final Out-Turn for the Capital Programme for 2002/03 at 31 March 2003. |
It was agreed to recommend that the final Capital Expenditure to 31 March 2003 be noted and to recommend approval of the Slippage & Acceleration to/from the 2003/04 Initial Committed Programme to the Approved Programme for 2003/04, insofar as the Committee's interest was concerned. | ||
Revenue Expenditure Out-Turn 2002/03 PR110.08 |
4 |
The Director of Finance submitted a Report informing Members of the Comhairle's Revenue Out-Turn for 2002/03. |
It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning Revenue Expenditure Out-Turn 2002/03, insofar as the Committee's interest was concerned. |
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DEVELOPMENT CONTROL | ||
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Western Isles Design Guidance DS20.01 |
5 |
The Director for Sustainable Communities submitted a Report referring to the decision of the Comhairle to commission, in conjunction with Scottish Natural Heritage, Western Isles Enterprise and Communities Scotland, a study to "develop a strategy and user friendly location, siting and design guidance that would effectively promote improved building design within the Western Isles". Appended to the Report was the project brief for the development of Western Isles Design Guidance. It was further intimated that a successful bid in the sum of £5,000 had been made to "The Lighthouse" (Scotland's centre for architectural design and the city) to enable the development of a website to be undertaken and it was suggested that it would be appropriate for the development of the website to be taken forward by Officers of the Comhairle.
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It was further suggested that the Design Guidance Strategy should be developed by a Design Guidance Implementation Group, on the basis that the Chairman of the Environmental Services Committee would chair the Implementation Group, which would also include a representative of Tighean Innse Gall, the Western Isles Construction Forum and other appropriate partner organisations. The Chairman invited Douglas Forest, Roz Maclennan and Mark Turnbull of the Design Consultancy team to give a presentation on the Design Guidance Strategy. Members of the Committee were afforded an opportunity to ask questions of Messrs Forest and Turnbull and Ms Maclennan. The Chairman thanked Douglas Forest, Mark Turnbull and Roz Maclennan for their presentation. | ||
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It was agreed to recommend that: (1) a Design Guidance Implementation Group be established in accordance with the terms outlined in Paragraph 2.5 of the Report; and (2) the Brief at Appendix 2 of the Report be approved. It was further agreed to recommend that the Director of Housing be invited to nominate a representative of the Hebridean Housing Partnership, to serve on the Design Guidance Implementation Group. | ||
LEGISLATION | ||
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Marine Planning Powers DS20.01 |
6 |
The Director for Sustainable Communities submitted a Report concerning the provision contained within the Water Environment and Water Services Act relating to the granting of planning powers to Local Authorities over marine fish farming", up to the 3 mile limit of territorial waters adjacent to Scotland". It was intimated in the Report that detailed implementation of the proposed planning controls would be given through Statutory Instruments and Planning Advice Notes. It was emphasised in the Report that developments such as offshore windfarms or marine mineral dredging would still be under the control of the Crown Estate Commissioners and would not be subject to Local Authority planning control. Appended to the Report was a letter dated April 2003 from the Scottish Coastal Forum to the Chief Planner, Scottish Executive, in which the Forum put forward arguments for a more comprehensive review of marine development controls to be introduced. It was further suggested in the Report that it would be appropriate to take up the offer from the Scottish Executive to send one of its Officers to speak to the Comhairle about the new planning powers contained in the Water Environment and Water Services Act. |
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It was agreed to recommend that: (1) the Scottish Executive be advised of the support of the Comhairle for the views expressed by the Scottish Coastal Forum in its letter of April 2003, and; (2) the Scottish Executive's invitation to send one of its Officers to speak to the Environmental Services Committee about the new planning powers in the Water Environment and Water Services Act be accepted. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report to the Sustainable Development Committee on the role of the Crown Estate Commissioners in relation to the control of the sea-bed and the use made of revenues generated by the sea-bed. | ||
PLANNING APPLICATIONS | ||
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Erection of 6 Wind Turbines, Pentland Road, Lewis DS21.01 |
7 |
The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of six wind turbines at Pentland Road, 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 planning application for the erection of six wind turbines at Pentland Road, Isle of Lewis be approved, in principle, and that any outstanding issues raised during the consultation process, together with any relevant conditions to be attached to the consent, be considered and determined by the Director for Sustainable Communities, in consultation with the Chairman. It was reported that in light of having taken into account the views of Scottish Natural Heritage and the Civil Aviation Authority, the Director for Sustainable Communities recommended that he be authorised to inform Scottish Ministers that the Comhairle is minded to grant planning permission for the erection of 6 wind turbines at Pentland Road, Isle of Lewis, subject to any outstanding issues raised during the consultation process, together with any relevant conditions to be attached to the consent being considered and determined by the Director for Sustainable Communities, in consultation with the Chairman of the Environmental Services Committee. |
It was agreed to recommend that the Director for Sustainable Communities be authorised to inform Scottish Ministers that the Comhairle is minded to grant planning permission for the erection of six wind turbines at Pentland Road, Isle of Lewis, subject to any outstanding issues raised during the consultation process, together with any relevant conditions to be attached to the consent, being considered and determined by the Director for Sustainable Communities, in consultation with the Chairman of the Environmental Services Committee. | ||
Erect Garage, 9 Airidhean Ur, Marybank DS21.01 |
8 |
The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a garage at 9 Airidhean Ur, Marybank. The Report gave background information, commented on the application and indicated that representations had been received. |
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It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a garage at 9 Airidhean Ur, Marybank, Lewis, subject to the conditions shown in Appendix 1 to the Report. | ||
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Extend Building and Erect Wind Turbine at Claddach Kirkibost Centre, North Uist DS21.01 |
9 |
The Director for Sustainable Communities submitted a Report concerning an application for planning permission for an extension to the building to form additional nursery, kitchen, café and craft/exhibition space, the installation of a ground source heat pump and solar panels and the erection of a wind turbine at Urachadh Uibhist, Claddach Kirkibost, 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 application to extend the building to form additional nursery, kitchen, café and craft/exhibition space, the installation of a ground source heat pump and solar panels and the erection of a wind turbine at Urachadh Uibhist, Claddach Kirkibost, North Uist be approved, subject to the conditions shown at Appendix 1 of the Report. The Director for Sustainable Communities recommended that, in light of the request as detailed in their letter of 3 June 2003 from Urachadh Uibhist, Claddach Kirkibost Centre, North Uist, to withdraw the part of the above-mentioned planning application which referred to the erection of a wind turbine, it was now recommended that he be authorised to approve an application for development at Urachadh Uibhist, Claddach Kirkibost Centre, North Uist, insofar as it related to all elements of the proposed development, with the exception of the wind turbine, subject to no representations being received during the notification period and subject to the conditions shown in Appendix 1 to the Report as determined by the Director for Sustainable Communities. |
It was agreed to recommend that the Director for Sustainable Communities be authorised to approve an application for development at Urachadh Uibhist, Claddach Kirkibost Centre, North Uist, insofar as it related to all elements of the proposed development, with the exception of the wind turbine, subject to no representations being received during the notification period and subject to the conditions shown in Appendix 1 to the Report as determined by the Director for Sustainable Communities. | ||
Mr Martin C Taylor declared an interest in Items 10 and 11 and left the Meeting during consideration of these matters. | ||
Erect House at Gramsdale, Benbecula DS21.01 |
10 |
The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at Gramsdale, Benbecula. It was intimated in the Report that the matter had been presented to the Committee as the applicant was the son-in-law of Mr Martin Taylor, Member for the Benbecula Ward. It was stated that the proposals were in conformity with planning legislation and had not been the subject of any objection. |
It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a house at Gramsdale, Benbecula, subject to the conditions shown in Appendix 1 to the Report. | ||
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Community Hall and Car Park at Balivanich DS21.01 |
11 |
The Director for Sustainable Communities submitted a Report concerning an application for outline planning permission for the construction of a community hall and car parking at Balivanich. The Report gave background information, commented on the application and indicated that representations had been received. |
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It was agreed to recommend that the Director for Sustainable Communities be authorised to grant outline planning permission for the construction of a community hall and car park at Balivanich, subject to the conditions shown in Appendix 1 to the Report. | ||
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Erect House at Eoligarry, Barra DS21.01 |
12 |
The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at Eoligarry, Isle of Barra. It was intimated that the matter had been presented to the Committee as the applicant was Mr Donald Manford, Member for the Barra Ward. It was further stated that the proposals were in conformity with planning legislation and had not been the subject of any objection. |
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It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a house at Eoligarry, Barra, subject to the conditions shown in the Report, on the basis of the removal of Condition 8. | ||
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MARINE FISH FARM APPLICATIONS | ||
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Camas Orasaidh, Loch Marvig DS21.01 |
13 |
The Director for Sustainable Communities submitted a Report concerning an application for a marine fish farm at Camas Orasaidh, Loch Marvig. The Report gave background information, commented on the application and indicated that representations had been received. |
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It was agreed to recommend that the Comhairle submit an Unqualified Favourable View to the Crown Estate Commissioners for a marine fish farm at Camas Orasaidh, Loch Marvig, subject to the conditions shown in Appendix 1 of the Report and on the basis that the Crown Estate Commissioners be requested to require the applicants to locate the northerly block of cages as close to the west shore of Eilean Orasaidh as is practicable. | ||
It was further agreed to recommend that: (1) the Director of Technical Services be requested to submit a Report to the Transportation Committee on the current arrangements for policing fish farm infrastructure in harbour areas; and (2) the Director for Sustainable Communities be requested to submit a Report on the monitoring arrangements to be put in place for fish farm infrastructure when the marine planning powers granted by the Water Environment and Water Services Act came into force. | ||
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PUBLIC CONVENIENCES | ||
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Maintenance of Coll Public Convenience CH03.07 |
14 |
The Director for Sustainable Communities submitted a Report outlining proposals to use a local business to carry out the cleaning and maintenance duties for the Coll public convenience, in the event that no suitable community group could be found to undertake this task. The Report referred to the Comhairle's policy to involve community groups in the management of the public convenience service and intimated that, following consultations with the Back Community Council and Back Hall Committee, no suitable local community group had been identified to take over the cleaning and maintenance duties, associated with the management of the Coll public convenience. The Report further stated that the owners of the Golden Sands Caravan park, Coll, had expressed an interest in cleaning and maintaining the Coll public convenience and intimated that similar arrangements involving the commercial sector in the cleaning and maintenance of public conveniences were in place in Leverburgh and Balivanich. |
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It was agreed to recommend that: (1) details of the proposal from Golden Sands Caravan Park in relation to cleaning and maintenance duties for the Coll Public Convenience be obtained; and (2) the Comhairle agree to delegate authority to the Director for Sustainable Communities, in consultation with the Director of Corporate Services, to negotiate the terms of any agreement which may be required in relation to cleaning and maintenance duties for Coll Public Convenience. | ||
ENVIRONMENTAL HEALTH | ||
Review of the Over Thirty Months Rule CH03.01.32 |
15 |
The Director for Sustainable Communities submitted a Report intimating that the Food Standards Agency was reviewing the over thirty months rule for cattle which prevented most cattle aged over 30 months being slaughtered for food. The Report referred to the consultation exercise being undertaken by the Food Standards Agency in relation to the over thirty months rule and appended a draft response to the Agency, which emphasised that the proposed changes to the over thirty months rule for cattle could be particularly beneficial to crofters by allowing entry into the food chain of older cattle and that this was particularly important for Highland cattle, which were particularly suited to the climate and type of grazing available in the Islands, but which matured more slowly. |
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It was agreed to recommend that the draft response to the Food Standards Agency to the consultation on the Over Thirty Months Rule, included as Appendix 1 to the Report, be approved. | ||
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Health and Consumer Services - Service Plans CH03.01.32 |
16 |
The Director for Sustainable Communities submitted a Report seeking approval for the Food Safety, Trading Standards and Health and Safety Enforcement Service Plans. It was intimated in the Report that Service Plans were required by the Food Standards Agency's framework agreement on Local Authority Food Law Enforcement, the Department of Trade and Industry's national performance framework for trading standards services and the Health & Safety Executive's protocol for enforcement. |
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It was agreed to recommend that the Service Plans for 2003/2004 for the Food Safety Enforcement Service, the Trading Standards Service and the Health and Safety Enforcement Service be approved. | ||
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New Vehicle Emission Regulations CH03.06 |
17 |
The Director for Sustainable Communities submitted a Report seeking homologation for the action taken in not seeking optional powers under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003. It was intimated in the Report that provisions contained within the Environment Act 1995 permitted Local Authorities, in Scotland, to apply for powers to conduct roadside emission tests and to issue fixed penalties of £60 to drivers whose vehicles failed such tests. The Report further intimated that given the low traffic volume in the Western Isles, it was not considered that the additional powers made available to Local Authorities in terms of the Environment Act 1995 were required. |
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It was agreed to recommend that the action taken by the Director for Sustainable Communities in determining not to apply for additional powers under the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 be homologated. | ||
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Disposal of Blood from Slaughterhouses CH03.08.07 |
18 |
The Director for Sustainable Communities submitted a Report intimating that following discussions with the Scottish Executive, a derogation had been sought which would allow the continuation of the existing practice of disposing of animal blood to landfill sites. The Report emphasised that no arrangements were in existence in the Western Isles for the collection and disposal of animal blood. |
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It was agreed to recommend that the action taken by the Director for Sustainable Communities in seeking a derogation to permit the continued disposal of animal blood to landfill sites from slaughterhouses in the Western Isles be homologated. | ||
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Radioactivity in Food and the Environment CH03.06 |
19 |
(a) The Chairman invited Mr Rick Nickerson of Kommunnes Internasjonale Miljoorganisssjon (KIMO) to give a presentation to the Committee on the environmental impact of Technetium 99 and the problems caused by marine litter. Members were afforded an opportunity to ask questions of Mr Nickerson. The Chairman thanked Mr Nickerson for his presentation. |
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(b) The Director for Sustainable Communities submitted a Report summarising the replies received from the Scottish Environment Protection Agency, the Environment Agency and the Food Standards Agency in relation to the concerns raised by the Comhairle that the data published in the Radiation in Food and the Environment Report was insufficient for meaningful conclusions to be drawn and that the data was presented in such a way as to make it particularly difficult to interpret. It was intimated that in their reply, the Scottish Environment Protection Agency had stated that it would continue to carry out a comprehensive review of its detailed monitoring programme and would take account of the Comhairle's concerns during this process. It was further stated that the Food Standards Agency, as part of their sampling regime, collected seafood samples at locations which were considerable distances from Sellafield, including the Minch, the Sound of Mull and the seas around Iceland. It was further intimated that, whilst the Food Standards Agency, had in the past, taken seaweed samples from the Isle of Lewis, the concentration of Technetium 99 was ten times greater in seaweed collected from near Sellafield than the levels found in samples taken from the Isle of Lewis. It was further emphasised by the Food Standards Agency, that doses from eating vegetables grown near Sellafield using seaweed as a fertiliser, were a fraction of natural background radiation. | ||
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It was agreed to recommend that the responses in respect of Radiation in Food and the Environment from the Scottish Environment Protection Agency, the Food Standards Agency and the Environment Agency be noted. It was further agreed that British Nuclear Fuels and Nuclear Free Local Authorities be invited to give presentations at future meeting(s) of the Committee to discuss pollution-related issues. | ||
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Biological Weapons Testing CH03.06 |
20 |
With reference to Item 25 of the Minute of Meeting of 12 March 2003, the Director for Sustainable Communities submitted a Report referring to the decision of the Comhairle that he would liaise with all agencies of Government to obtain full details of what happened in respect of the testing and dumping of chemical, biological and other munitions in and around the Western Isles. It was intimated that a copy of the file WO188/668 concerning the testing of biological agents off the coast of Lewis in the 1950s had been sought and obtained from the Public Record Office and a copy of the complete file passed to Dr Sheila Scott, Director of Public Health for the Western Isles for her consideration and examination. The Report also referred to responses received from: (1) the Directorate of Safety, Environment and Fire Policy at the Ministry of Defence, and (2) the Parliamentary Under Secretary of State for Defence and Minister for Veterans Affairs. In their response, the Directorate of Safety, Environment and Fire Policy, Ministry of Defence had given details of the testing which had been undertaken in the marine environment and that it had been concluded that, given no traces of chemical weapons had been found, the Ministry of Defence had no plans to undertake specific monitoring of munitions dump sites. It was further intimated that Dr Lewis Moonie, Parliamentary Under Secretary of State for Defence and Minister for Veterans Affairs had confirmed that officials at the Defence Science and Technology laboratory had been asked to carry out research into the historical records relating to the testing of biological weapons off the coast of the Isle of Lewis and that the Parliamentary Under Secretary of State had given a commitment that when these investigations had been completed, a reply would be made direct to the Comhairle on any information obtained, when it had been evaluated. The Report concluded that the research activity being undertaken into historical records concerning the testing of biological weapons off the coast of the Isle of Lewis should be welcomed and that the existence of a significant amount of dumping of chemical and other munitions in and around the Western Isles remained a cause for concern. |
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It was agreed to recommend that: (1) the Comhairle welcome the fact that officials at the Defence Science and Technology laboratory have been asked to carry out research into the historical records relating to the testing of biological weapons off the coast of the Isle of Lewis; | ||
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(2) the Comhairle notes the remainder of the responses from the Ministry of Defence in respect of this matter, and; (3) the delegation provided to the Director for Sustainable Communities in respect of this matter be continued. It was further agreed to recommend that representatives of the Ministry of Defence be invited to a meeting of the Committee, at the appropriate time, to discuss issues associated with the testing of biological and other weapons around the Western Isles. |
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TRADING STANDARDS | ||
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Consumer Direct CH02.01.12 |
21 |
The Director for Sustainable Communities submitted a Report indicating that the Government had agreed to invest £30 million to fund a national roll-out of a "Consumer Direct Helpline and Web based Service" for consumer advice. The Report stated that the Department of Trade and Industry expected that: (1) one body in Scotland would deliver the new "Consumer Direct Helpline"; (2) the Helpline would also provide pre-shopping advice and information on product safety, consumer credit and current "scams"; (3) the service would not be restricted to a 9am-5pm weekday operation, and; (4) businesses would be able to use the Helpline to get information on consumer rights. The Report stated that a number of Local Authorities had indicated that they would be interested in bidding to operate the "Consumer Direct Helpline" in Scotland and that the successful bidder would require the support of the Trading Standards Service throughout Scotland to facilitate the operation of the new service and that the Convention of Scottish Local Authorities had asked Councils to confirm their support for the "Consumer Direct Helpline", in principle, on the basis that Councils would support any successful bid from a Scottish Local Authority to provide the service on behalf of all Scottish Local Authorities. The Report concluded that the introduction of a "Consumer Direct Helpline" should be regarded as a useful adjunct to the Comhairle's Consumer Protection service. |
It was agreed to recommend that the Comhairle: (1) support, in principle, the setting up of the Consumer Helpline, "Consumer Direct"; and | ||
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(2) confirm its support for any successful bid from a Scottish Local Authority to provide the service for all Councils. It was further agreed to recommend that: (a) the Director for Sustainable Communities be requested to submit a Report to the Sustainable Development Committee on the job creation aspects associated with locating a Consumer Direct Call Centre in the Western Isles; and (b) the Chief Executive be requested to include the location of a Consumer Direct Call Centre to the Western Isles on the Agenda for the June meeting of the Western Isles Community Planning Partnership. | ||
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PERFORMANCE MONITORING | ||
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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 Report.
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Western Isles Slaughterhouses CH03.02.02 |
23 |
The Chairman ruled that in accordance with the provisions of Section 50(B) 4 of the Local Government (Scotland) Act 1973, the following Item be taken as a matter of urgency in order to allow the Committee to take a view on the matter. |
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The Director for Sustainable Communities submitted a Report in respect of the operation of the Comhairle owned Stornoway Abattoir. It was indicated in the Report that, in the absence of a commercial interest in the operation of the Stornoway Abattoir and in light of the continuing responsibility on the Comhairle to seek a practicable route for local producers to meet health and animal welfare legislation, it was recommended that the Comhairle should operate the facility, on a seasonal basis, until a commercial interest was declared in the operation of the Stornoway Abattoir or the facility became unviable to operate. The Report commented in detail on the legislative framework in relation to the proposal to operate the Stornoway Abattoir and stated that the Comhairle was empowered to operate a slaughterhouse under the Slaughter of Animals (Scotland) 1980 Act and that it was clear that the European State Aid's legislation required that, if the Comhairle were to continue to operate a seasonal service at the Stornoway Abattoir, it would have to be constrained by very strict conditions, and the setting of appropriate charges to cover operating costs. The Report further commented on the appropriateness of transferring the assets at the Stornoway Abattoir and its operation to the Environmental Services Committee, in order that it could promote its role in animal health and welfare issues. | ||
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It was agreed to recommend, insofar as the Committee's interest was concerned, that the Comhairle: | ||
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(1) operate the Stornoway Abattoir seasonally from mid-August to Christmas 2003, subject to confirmation being obtained from the Scottish Executive Environment and Rural Affairs Department and the Department for the Environment, Food and Rural Affairs, that the arrangements are not in conflict with European State Aid Regulations; (2) delegate to the Director for Sustainable Communities, in consultation with the Chief Executive and the Director of Corporate Services, authority to make such arrangements as are necessary, including the recruitment of staff, through the Comhairle's normal procedures, to effect the provision of the service until the August series of meetings of the Comhairle; (3) delegate to the Director for Sustainable Communities, in consultation with the Convener, Vice-Convener and Chairman of the Environmental Services Committee, the setting of charges for slaughtering, designed to deliver the service at no extra cost to the Comhairle; | ||
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(4) agree that the service offered by the Stornoway Abattoir be specified to the same standard as that agreed for its operation in 2002 and that the service be passed to the remit of the Environmental Services Committee; and (5) approve the revised constitutional arrangements as detailed in the Report. |