COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 5 February 2003 at 9.00am

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

		MINUTES
Environmental Services Committee	1	The Minutes of Meetings of 11 November, 20 November and 29 November 2002 were approved.
		FINANCE
Non-Housing Capital Programme: Third Quarter Monitoring PR110.05	2	The Acting Director of Finance submitted a Report regarding the Non-Housing Capital Expenditure for the period 1 April 2002 - 31 December 2002. It was agreed to recommend approval of the recommendations detailed in the Report concerning Non-Housing Capital Monitoring 1 April 2002 - 31 December 2002, insofar as the Committee's interest was concerned.
Third Quarter Revenue Forecast Out-turn PR110.15	3	The Acting Director of Finance submitted a Report giving information on the Quarterly Forecast Out-turn. The Report detailed Revenue Expenditure incurred in the period from 1 April to 31 December 2002 for the Comhairle's services. It was agreed to recommend approval of the recommendations detailed in the Report concerning the Third Quarter Forecast Revenue Out-turn 2003/03, insofar as the Committee's interest was concerned.
Budget Strategy 2003/04 - 2005/06 PR110.03	4	The Acting Director of Finance submitted a Report advising Members of the final Aggregate External Finance announcement for 2003/04 and setting out the revised Budget Strategy for 2003/04 - 2005/06. It was agreed to recommend approval of the recommendations detailed in the Report concerning the Budget Strategy 2003/04 - 2005/06, insofar as the Committee's interest was concerned.
Budget Bids 2003/04 - 2005/06 PR110.03	5	The Acting Director of Finance submitted a Report, relating to the growth bids submitted by Departments under the headings of: Scottish Executive Priorities; Quality of Life; and Other Bids It was agreed to recommend approval of the recommendations detailed in the Report concerning Budget Growth Bids for 2003/04 - 2005/06, insofar as the Committee's interest was concerned.
Repairs & Maintenance (Revenue) Programme 2002/2003 Quarterly Expenditure Report to 31 December 2002 pr110.08	6	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 - 31 December 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 will continue to be placed before the Committee at quarterly intervals.
		PERFORMANCE MANAGEMENT
Corporate Strategy Progress Report	7	The Chief Executive submitted a Report advising Members of the progress made towards meeting the Key Aims included in the Comhairle's Corporate Strategy, and advising on other achievements that had been accomplished. It was stated that the majority of the services that the Comhairle provided relate to statutory duties and that standards of service were often pre-determined. However a number of policies and service developments had also been achieved. It was agreed to recommend, insofar as the Committee's interest was concerned, that: (1) the appendices containing the Corporate Strategy Progress Report and Achievements 1999 - 2003 be noted; and (2) a system of half yearly Corporate Strategy monitoring reports be introduced.
		WASTE MANAGEMENT
Additional Scottish Executive Funding for Recycling CH03.08.33	8	The Director for Sustainable Communities submitted a Report stating that the Scottish Executive had allocated an additional £6m, in December 2002, to Local Authorities to spend on recycling and composting schemes prior to March 2003. It was indicated in the Report that the Comhairle had received the sum of £58,000 and that in order to comply with the requirements of the Executive in relation to funding, spending plans had to be submitted to the Scottish Executive, prior to 31 December 2002. Details of the Spending Plan submitted were appended to the Report and it was further stated that these plans would provide for: (1) assistance with streamlined processing, and; (2) assistance in the development of de-centralised processing and would contribute to the diversion of an additional 1% approximately of waste away from landfill sites. The Report sought homologation for the action taken in submitting spending plans to the Scottish Executive on the basis outlined in the Report. It was agreed to recommend that the action taken to submit spending plans to the Scottish Executive for the additional recycling funding as detailed in the Report, within the timescale set down, be homologated.
Changes to the Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 CH03.05	9	The Director for Sustainable Communities submitted a Report concerning the Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 and intimated that these Regulations would reduce from seven days to 24 hours, the notice for removal of a vehicle, which appeared to be in such a condition that it ought to be destroyed and reduced from 21 days to 7 days, the period within which a vehicle, deemed by the Local Authority to be of some value, had to be removed from the Local Authority's custody by the owner. It was intimated in the Report that the introduction of the Regulations would provide a basis for dealing much more rapidly with abandoned vehicles in the Western Isles. It was agreed to recommend that the changes to the Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 and the likely impact this would have on the removal of abandoned vehicles be noted.
Changes to the Landfill Tax Credit Scheme CH03.08.07	10	The Director for Sustainable Communities submitted a Report giving information on changes to the Landfill Tax Credit Scheme, which would have a significant impact on the financial position of registered Environmental Bodies within the Western Isles and intimated that this would have an impact on long-term funded projects that the Comhairle had previously agreed to support. It was further stated that the Scottish Executive proposed to introduce a scheme to encourage sustainable waste management and that a number of priorities had been identified for additional financial support under the new scheme including: (1) reducing the rate of growth of waste volumes; (2) increasing recycling through kerbside recycling schemes. The Report concluded that it was not, as yet, known whether Local Authorities would be permitted to make bids to the new Sustainable Waste Management Fund or whether it would be limited to the "Not for Profit Sector". It was agreed to recommend that the Government's changes to the Landfill Tax Credit Scheme and the likely impact this may have on projects currently receiving funding be noted. It was further agreed that a Report be prepared by the Director for Sustainable Communities as soon as possible, examining the implications of changes to the Landfill Tax Credit Scheme for the Business Plans of the Stornoway Amenity Trust and the Southern Isles Amenity Trust.
		POLICY
Caravan Site Licensing CH04	11	The Director for Sustainable Communities submitted a Report seeking approval to amend and update conditions on caravan site licences and to seek delegation to revise site licences in accordance with Model Standards. The Report gave background information on the statutory position with regard to the licensing of caravan sites and it was stated that the conditions attached to licences related mainly to safety issues and that from time to time the Scottish Executive issued Model Standards. The Report further stated that the Comhairle, as Planning Authority, had revised its Caravan Sites Policy in August 2002. It was agreed to recommend that the Director of Corporate Services be authorised to amend the Scheme of Delegation to permit the Director for Sustainable Communities to determine licence conditions for caravans under the Caravan Sites and Control of Development Act 1960, using the most recent Model Standards from the Scottish Executive, as a basis for such conditions when appropriate.
		Mrs Morag Munro declared an interest in the following item and left the Meeting during consideration of the matter.
ACE Option/Challenge Fund Grants Third Year Review	12	The Director for Sustainable Communities submitted a Report concerning the ACE (Action by Communities on their Environment) Option and ACE Challenge Fund Grant schemes, which had been established in 2000 to provide a mechanism whereby financial assistance could be provided to community groups to allow them to undertake the development of environmental and amenity improvement works in residential areas. Appended to the Report were details of the ACE Option grants approved in 2002/03, together with ACE Challenge Grant applications for 2003/04. It was stated that the demand for grant assistance made under the ACE Challenge Fund had almost matched the available level of budgetary provision and that there was therefore no need to prioritise applications. It was agreed to recommend that: (1) the continued level of participation from community groups in the ACE Grants Scheme and the continued ability of community groups to successfully develop suitable projects be noted, and; (2) the ACE Challenge Grant applications as listed in Appendix 2 of the Report, be approved. It was further agreed to recommend that the Director for Sustainable Communities should distribute the Report on ACE Option Challenge Fund Grants, Third Year Review, to all Community Councils.
		ENVIRONMENTAL HEALTH
Private Slaughter of Livestock CH03.02	13	The Director for Sustainable Communities submitted a Report intimating that the Food Standards Agency - Scotland had issued guidance on the Transmissible Spongiform Encephalopathies Regulations, concerning the private slaughter of livestock. It was intimated in the Report that the guidance stated that all private slaughter of cattle, sheep and goats for human consumption was illegal, whether carried out by an itinerant slaughterman or by a crofter for his/her own use and that slaughter had now to be carried out at a licensed slaughterhouse to ensure that appropriate health checks were made. It was further intimated that it was proposed to disseminate the guidance on the private slaughter of cattle, sheep and goats to all of the crofting communities in the Western Isles. It was agreed to recommend that the information contained in the new Food Standards Agency - Scotland Guidance on homekill be disseminated to all the crofting communities in the Western Isles.
Future Use of Eriskay Toilets CH03.07	14	The Director for Sustainable Communities submitted a Report referring to the decision to lease the closed toilet facilities at Haun, Eriskay to the Eriskay Community Council, who wished to provide a facility for visiting yachts and campers. It was stated in the Report that the Community Council had indicated that they no longer wished to take over control of the building and that in light of the interest expressed by other parties in using the building, it would be appropriate to seek written expressions of interest for its future use and that when these written expressions were received, a further Report would be submitted to the Committee. It was agreed to recommend that: (1) the decision of the Eriskay Community Council to withdraw its interest in using the closed toilet facilities at Haun, Eriskay be noted, and; (2) expressions of interest be sought for the future use of the closed toilet facilities at Haun, Eriskay, by the Director for Sustainable Communities, as soon as possible.
		TRADING STANDARDS
Additional Funds for Animal Feedingstuffs Enforcement CH02.05	15	The Director for Sustainable Communities submitted a Report indicating that additional funds had been allocated to the Comhairle by the Food Standards Agency for Scotland, in connection with the enforcement of Animal Feed Legislation. The Report referred to the statutory duties placed on the Comhairle in relation to the composition and marketing of animal feeds and it was further intimated that the Food Standards Agency for Scotland had produced enforcement guidance and that this guidance complemented the Trading Standards Service Plan. It was agreed to recommend that the additional funds for animal feeding stuffs enforcement provided by the Food Standards Agency Scotland be used in accordance with their guidance.
Performance Audit of Trading Standards CH02.05	16	The Director for Sustainable Communities submitted a Report detailing the performance audit of the Trading Standards Service. An improvement agenda had been agreed with the Auditors and would be an ongoing process. The Report further indicated that the Comhairle would be audited again to confirm that the improvement agenda had been successful. It was agreed to recommend that the Improvement Agenda for the 2001/02 Performance Audit of Trading Standards as detailed in Appendix 1 of the Report be approved.
Business Partnership Scheme	17	The Director for Sustainable Communities submitted a Report concerning the establishment of a local Building Trade Business Partnership Scheme. The Report concluded that the introduction of such a Scheme would help to prevent many of the disputes currently dealt with by the Comhairle and would also assist with establishing greater consumer confidence. In particular, reference was made to the "Buy with Confidence" scheme which had been developed by Hampshire County Council and which had proved to be an effective method of improving and standardising the delivery of goods and services to consumers. Details of the Scheme were given in the Report and it was suggested that a Building Trades Partnership Scheme be introduced to the Western Isles, modelled on the "Buy with Confidence" Scheme, operated by Hampshire County Council. It was agreed to recommend that: (1) the `Buy with Confidence' Building Trades Partnership Scheme be introduced, and; (2) subject to a satisfactory evaluation of the Scheme, it be expanded to include other businesses within the Western Isles.
		PLANNING APPLICATIONS
Change of Use from House to Three Flats: 20 Plantation Road, Stornoway, Isle of Lewis DS21.01	18	The Director for Sustainable Communities submitted a Report concerning an application for planning permission to convert the existing two storey house at 20 Plantation Road, Stornoway, Isle of Lewis into three flats. 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 to convert the existing two-storey semi detached house with a large single storey flat roof extension to the rear at 20 Plantation Road, Stornoway, Isle of Lewis, to three flats, subject to the conditions detailed at Appendix 1 of the Report.
		Mrs Katie M Mackenzie declared an interest in the following item and left the Meeting during consideration of the matter.
Erect House, 95 Newmarket, Isle of Lewis DS21.01	19	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 95 Newmarket, 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 the erection of a house at 95 Newmarket, Isle of Lewis, subject to the conditions detailed at Appendix 1 of the Report. It was agreed to recommend that consideration of the application for planning permission to erect a house at 95 Newmarket, Isle of Lewis be deferred to allow the Committee to visit the site at 95 Newmarket, on the basis that the site visit would take place prior to the next Meeting of the Committee and that the application for planning permission be considered by the Committee at its next scheduled meeting on 12 March 2003.
Erect Boatshed at Marybank, Isle of Lewis DS21.01	20	The Principal Administrator sought and obtained the Chairman's permission to withdraw this item.
		The Vice-Chairman declared an interest in the following item and left the Meeting during consideration of the matter. Mr George Lonie occupied the chair.
Site Mussel Farm, Eilean Teinish, West Loch Roag DS21.01	21	The Director for Sustainable Communities submitted a Report concerning an application, under the interim consultation procedure, for a marine fish farm for a shellfish farming site, south of Eilean Teinish, some 60 metres off-shore, in the channel between Reef and Vuia Mor in the Sound of Vuia, West Loch Roag. 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 give an unqualified favourable view to the Crown Estate Commission for a shellfish farming site south of Eilean Teinish, some 60 metres off-shore, in the channel between Reef and Vuia Mor in the Sound of Vuia, West Loch Roag, subject to the development being in accordance with the conditions contained at Appendix 1 of the Report. It was agreed to recommend that: (1) consideration of the application under the interim consultation procedure, for a marine fish farm for a shellfish farming site, south of Eilean Teinish, West Loch Roag be deferred to allow the Committee to visit the site at Eilean Teinish, on the basis that the site visit would take place prior to the next Meeting of the Committee and that the application would be considered by the Committee at its next scheduled meeting on 12 March 2003, and; (2) the Director for Sustainable Communities should undertake consultation with the local community in relation to the preparation of a framework plan for the Loch Roag Harbour Area.
Site Mussel Farm, Loch Roag, Isle of Lewis DS21.01	22	The Director for Sustainable Communities submitted a Report concerning an application under the interim consultation procedure for a marine fish farm for a shellfish farm at a site located close to the south-eastern corner of Vuia Mor in Loch Roag, west of Hacklete, Great Bernera. 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 give an unqualified favourable view to the Crown Estate Commission in relation to the application for a shellfish farm, at a site located close to the south-eastern corner of Vuia Mor in Loch Roag, west of Hacklete, Great Bernera, subject to the development being in accordance with the amended plan and to the conditions contained at Appendix 1 of the Report. It was agreed to recommend that: (1) consideration of the application for a marine fish farm for a mussel farming site in West Loch Roag be deferred to allow the Committee to visit the site at West Loch Roag, on the basis that the site visit would take place prior to the next meeting of the Committee and that the application be considered by the Committee at its next scheduled meeting on 12 March 2003, and; (2) the Director for Sustainable Communities should undertake consultation with the local community in relation to the preparation of a Framework Plan for the Loch Roag Harbour Area.
Erect Garage at 2 Scalpay, Isle of Harris DS21.01	23	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a domestic garage at 2 Scalpay, Isle of Harris. 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 refuse planning permission to erect a garage at 2 Scalpay, Isle of Harris for the reasons detailed in Appendix 1 of the Report.
Refrigeration Unit and Pipes at Fishermen's Store, Berneray DS21.01	24	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the installation of a concrete plinth, refrigeration unit with housing and seawater extraction/discharge pipes at the Fishermen's Store, Berneray, North Uist. The Report gave background information, commented on the application and indicated that representations had been received. It was recommended in the Report that the Director for Sustainable Communities be authorised to grant planning permission for the installation of a concrete plinth, refrigeration unit with housing and seawater extraction/discharge pipes at the Fishermen's Store, Berneray, North Uist, subject to the conditions detailed at Appendix 1 of the Report. It was agreed to recommend that consideration of the application for planning permission for the installation of a concrete plinth, refrigeration unit with housing and seawater extraction/discharge pipes at the Fishermen's Store, Berneray be deferred to allow the Committee to visit the site at Berneray on the basis that the site visit would take place before the next meeting of the Committee and that the application would be considered by the Committee at its next scheduled meeting on 12 March 2003.
Form a Playpark at Castlebay, Barra DS21.01	25	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the formation of a Playpark at Castlebay, Isle of Barra. 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 provision of a play park to the east of a footpath that runs from opposite Castlebay Community School towards Horve, Isle of Barra, subject to the conditions shown at Appendix 1 of the Report.
		COAST PROTECTION
Coastal Zone Management DS60.01	26	The Director of Technical Services submitted a Report concerning the work undertaken by the Coastal Zone Management Plan Steering Group. The Report stated that the Group had concluded that it would be appropriate to give consideration to appoint a Project Manager, on a short-term contract basis, and that contributions were expected from a number of organisations with representatives on the Steering Group. It was suggested that the Comhairle should contribute £10,000 per annum over a period of three years, towards the costs associated with the employment of a Project Manager. It was agreed to recommend that provision in the sum of £7,000 in 2003/04 be made available as a contribution for the development of a Coastal Zone Management Plan.
		POLLUTION CONTROL
Addressing the Problem of Marine Litter DS60	27	The Director for Sustainable Communities submitted a Report concerning the development of a co-ordinated strategy to help reduce the problem of marine litter in the Western Isles. The Report referred to the "Save the North Sea Campaign" which had attracted funding in the sum of £3.7m aimed at changing attitudes and behaviour towards marine litter in the North Sea. The Report gave information on the problems associated with marine litter and in particular, referred to the damage caused to the fishing industry by marine litter. It was stated in the Report that, without specific funding, it would be difficult to mount a major marine litter campaign in the Western Isles. However, it was envisaged that by working in partnership with the local fishing and other
		communities, it would be possible to maximise the use of existing resources to reduce the scale of marine litter in the Western Isles. It was agreed to recommend that a co-ordinated strategy be developed, involving both the general public, other agencies and the fishing community to help reduce the problem of marine litter in the Western Isles. It was further agreed that a representative from KIMO be invited to address the Committee on the issues of marine litter and radioactive pollution.
Tanker Traffic in the Minch: Sinking of Tanker `Prestige'	28	The Director of Technical Services submitted a Report concerning the sinking of the oil tanker "Prestige" which had resulted in up to 5,000 tons of heavy fuel oil fouling the Galician coast. A Report by the head of the European Commission's marine safety unit, entitled "After Erika - Filling the Safety Gaps", was appended to the Report and it was stated that a number of measures had been introduced by the European Commission, with a view to protecting European Union waters from sub-standard ships. The Report concluded that it may be prudent for the Comhairle to take a view on designating safe havens around the Western Isles coastline, in the event of an oil tanker sinking in the waters around the Western Isles, although it was emphasised that such a plan would be contentious and would require extensive consultation and assent from organisations other than the Comhairle. It was agreed to recommend that a meeting of the Joint Working Party on Tanker Traffic in the Minch be sought to consider issues arising for the Comhairle and The Highland Council from the "Prestige" disaster and the "Erika I" and "Erika II" measures, with particular reference to the "safe haven" concept, together with the introduction of pilotage in the Minch and that thereafter, the Director of Technical Services be requested to submit a Report on the possibility of the incorporation of a designated Safe Haven Plan into the Oil Spill Plan. It was further agreed to recommend that the Director of Corporate Services be authorised to invite an ITF representative to attend a meeting of the Joint Working Party on Tanker Traffic in the Minch.
		CONFERENCES AND COURSES
Scottish Coastal Forum - Coastal Strategy Workshop DS03.01	29	The Director of Technical Services submitted a Report giving details of a workshop entitled "Towards a coastal strategy for sustainable use of Scotland's coast", organised by the Scottish Coastal Forum. It was agreed to recommend that the Comhairle be represented at the Scottish Coastal Forum Workshop in Perth on 18 February 2003 by the Chairman or his nominee.
		PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	30	The Director of Corporate Services submitted a Report detailing the Reports Outstanding from decisions of the Committee. It was agreed to note the Report.