template for minutes

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 4 February 2004 at 9.00am.

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

APOLOGIES	Mr Ian M Macleod (Vice-Chairman)

		MINUTES
Minute of Meeting of 26 November 2003	1	The Minute of Meeting of 26 November 2003 was approved.
Minute of Meeting of Waste Strategy Sub-Committee of 8 December 2003 CH03.08	2	The Minute of Meeting of the Waste Strategy Sub-Committee of 8 December 2003 was noted.
Minute of Meeting of Civic Government Licensing Panel of 15 January 2004	3	The Minute of Meeting of the Civic Government Licensing Panel of 15 January 2004 was noted.
		CONSTITUTION
Planning Applications: Proposed Delegation to the Environmental Services Committee DS21.01	4	The Acting Director of Corporate Services and the Director for Sustainable Communities submitted a Joint Report inviting Members to consider granting delegation to the Environmental Services Committee to determine planning applications between the meetings of the Comhairle on 12 February and 29 April. It was agreed to recommend that it be delegated to the Environmental Services Committee to determine such planning applications as the Director for Sustainable Communities, in consultation with the Acting Director of Corporate Services, considered appropriate, during the period 13 February – 28 April 2004.

WATER AND SEWERAGE

Rural Sewerage Provision

CH03.01

The Director for Sustainable Communities submitted a Report seeking approval of a revised list of areas for prioritisation for the provision of first time rural sewerage schemes. The Report gave background information concerning the provision of rural sewerage schemes and in particular referred to the method of funding for the schemes at Seilebost, Eriskay and Stoneybridge. The Report stated that whilst it was unlikely that schemes in the Western Isles would be progressed as part of a ‘Scotland wide action list,’ discussions had taken place with Scottish Water and the Scottish Environment Protection Agency with view to securing financial contributions from both of these organisations for rural sewerage schemes in the Western Isles.

It was agreed to recommend that the Comhairle approve the list detailed at Appendix 2 of the Report for prioritisation, subject to the inclusion of the area around Uig Bay, if funding becomes available.

Scottish Water Investment Programme

CH03.01

The Director for Sustainable Communities submitted a Report indicating that Scottish Water had agreed to give a presentation to the Committee regarding its future investment programme up to 2006.

Mr Alan Thomson and other representatives of Scottish Water gave a presentation to the Committee.

An opportunity was afforded to Members to ask questions of Mr Thomson and his colleagues.

It was agreed to recommend that the Report be noted.

FINANCE

General Fund Capital Monitoring 1 April 2003 – 31 December 2003

PR110.01

The Director of Finance submitted a Report relating to the General Fund Capital Monitoring to 31 December 2003.

It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the General Fund Capital Monitoring 1 April 2003 – 31 December 2003, insofar as the Committee’s interests were concerned.

Capital Programme 2004 – 2005

PR110.01

The Director of Finance submitted a Report in relation to expenditure in the Capital Programme 2004-2005.

It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the Capital Programme 2004-2005, insofar as the Committee’s interests were concerned.

Third Quarter Revenue Monitoring

The Director of Finance submitted a Report in relation to the Third Quarter Revenue Monitoring.

It was agreed to recommend approval of the recommendations detailed in the Report by the Director of Finance concerning the Third Quarter Revenue Monitoring, insofar as the Committee’s interests were concerned.

Budget Strategy

The Director of Finance submitted a Report concerning the Draft Budget for 2004/2005.

It was agreed to recommend approval of the recommendations detailed in the Report, insofar as the Committee’s interests were concerned.

DEVELOPMENT CONTROL

Lingerbay: Court of Session Decision

DS21.01

The Director for Sustainable Communities submitted a Report informing Members of the decision of the Court of Session in respect of an appeal against the Scottish Ministers’ decision regarding the terms of the 1965 minerals extraction permission at Lingerbay. It was intimated in the Report that the Court of Session had refused the appeal in a judgement issued on 9 January 2004 and that it was now for Lafarge to decide whether it wished to appeal to the House of Lords and/or to require the Scottish Ministers to re-consider the ‘1991 application.’

It was agreed to recommend that:

(1) the Report be noted;

(2) the Director of Corporate Services be authorised to prepare a response for the Chairman informing the Scottish Executive that the Comhairle would not wish the “Lingerbay Planning Inquiry” to be re-opened; and

(3) the Director for Sustainable Communities be instructed to submit a Report to the April meeting of the Committee on the chronology of the developments at “Lingerbay”.

Monitoring and Enforcing Mineral Permissions: Scottish Executive Consultation Paper

DS21.01

The Director for Sustainable Communities submitted a Report apprising Members of the Consultation Paper ‘Monitoring and Enforcing Mineral Permissions’ and sought authorisation for comments to be made to the Scottish Executive on the Consultation Paper.

It was agreed to recommend that the comments contained in bold type in the Report on Monitoring and Enforcing Mineral Permissions: Scottish Executive Consultation Paper should form the basis of the response of the Comhairle to the Scottish Executive.

PLANNING APPLICATIONS

Extend Blar Buidhe Nursing Home, Plasterfield, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to extend Blar Buidhe Nursing Home, Plasterfield, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to defer consideration of this item to allow the Committee to visit the site.

Erect House at 19 North Street, Sandwick, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a house at 19 North Street, Sandwick, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to defer consideration of this item to allow the Committee to visit the site.

Concrete Base for Stables, Hay Room, and Tack Room at 5 Garrabost, Point, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a concrete base for stables, hay room and tack room at 5 Garrabost, Point, Isle of Lewis. The Report gave background information and commented on the application.

It was recommended in the Report that planning permission for a concrete base for stables, hay room and tack room at 5 Garrabost, Point, Isle of Lewis be refused for the reasons set out in Appendix 1 of the Report.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for a concrete base for stables, hay room and tack room at 5 Garrabost, Point, Isle of Lewis, on the basis of conditions to be determined by the Director for Sustainable Communities.

Retrospective Application to Retain Fence Between 25 and 26 Springfield Road, Stornoway

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for retrospective planning permission to retain a fence between 25 and 27 Springfield Road, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant retrospective planning permission for the erection of a six foot high wooden fence between 25 and 27 Springfield Road, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

Convert Part of Garden to Parking Area 4 Perceval Road South, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to convert part of the garden to a parking area at 4 Perceval Road, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission to convert part of the garden to a parking area at 4 Perceval Road, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

Erect Special Unit Flat on Ground Floor and Two Flats at First Floor Corner of Keith Street and Scotland Street, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a special unit flat on ground floor and two flats at first floor, at the corner of Keith Street and Scotland Street, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a special unit flat on the ground floor and two flats at first floor, at the corner of Keith Street and Scotland Street, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

Mr Donald John MacSween declared an interest in the following item and left the Meeting during consideration of the matter.

Change Shop to Residential 36 Bayhead, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to change shop to residential, 36 Bayhead, Stornoway, Isle of Lewis. The Report gave background information and commented on the application.

It was agreed to recommend that, subject to there being no objections within any outstanding statutory periods for comment, the application be approved and that it be delegated to the Director for Sustainable Communities to attach such conditions as is deemed appropriate following receipt of consultation replies.

Erect Two Semi-Detached Houses Bennadrove, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect two semi-detached houses, Bennadrove Road, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of two semi-detached houses at Bennadrove Road, Stornoway, Isle of Lewis, on the basis of the amended plans submitted by the applicant and on the basis of conditions to be determined by the Director for Sustainable Communities.

Install Septic Tank at West Loch Tarbert, Harris

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for retrospective planning permission to install a septic tank at West Loch Tarbert, 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 grant retrospective planning permission for the installation of a second septic tank at West Loch Tarbert, Harris, subject to the conditions detailed at Appendix 1 of the Report.

New Pipe for Transporting Fish at Stolts Factory, Scalpay

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a new pipe for transporting fish at Stolts Factory, Scalpay. The Report gave background information and commented on the application.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for a new pipe for transporting fish at Stolts Factory, Scalpay, subject to the conditions detailed at Appendix 1 of the Report.

Install Two Remote Controlled Cameras at St Kilda

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the installation of two remote controlled cameras at St Kilda. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the application for planning permission for the installation of two remote controlled cameras at St Kilda be refused, on the grounds that the proposed development is premature pending the consideration and determination of the Integrated Interpretive Plan for St Kilda.

Community Show Area and Bunding at Former Vatersay Causeway Quarry and Interpretation Panels for Allt Chrisal, Barra

DS21.01

The Principal Administrative Officer, following consultation with the Chairman, withdrew this item.

Mr Norman L Macdonald and Mr Angus Campbell declared an interest in the following item and left the Meeting during consideration of the matter.

TRADING STANDARDS

Consumer Protection Petrol Licence Conditions

CH02.04.05

The Director for Sustainable Communities submitted a Report seeking to revise the Comhairle’s Petrol Licence conditions. It was intimated in the Report that the regulatory regime for the control of fire and explosions risks at petrol stations was currently the subject of extensive review.

It was agreed to recommend that the Comhairle approve the adoption of the revised Standard Licence Conditions for Petrol Filling Stations (dated December 2003) produced by the Local Authorities Co-ordinators of Regulatory Services (LACORS).

		RELATED MATTERS
Future Management of Coastal and Inshore Waters CH03.01	26	The Director for Sustainable Communities submitted a Report advising of a consultation exercise by Highland Council on the future management of coastal and inshore waters and invited Members to consider the Comhairle’s position on the issues raised in the consultation exercise. It was agreed to recommend that: (1) the Comhairle homologate the initial response to The Highland Council on the Future Management of Coastal and Inshore Waters; and (2) the Comhairle propose to The Highland Council that an exploratory meeting be held to consider the scope and implications of the proposed Crown Estate Review Group.
Report on Outcome of Meeting with Mr David Jamieson MP, Parliamentary Under Secretary of State, Department for Transport: 26 January 2004 T01	27	The Director of Technical Services submitted a Report advising Members of the outcome of the meeting with Mr David Jamieson, MP, Parliamentary Under Secretary of State, Department for Transport which had included discussion on the role of Local Authorities in the aftermath of incidents such as the MV Jambo. It was stated that the Minister had agreed that the Comhairle, The Highland Council and the Department of Transport should work together on the study of vessel traffic and other measures for the Minch and West of Hebrides area. It was agreed to recommend that the Report by the Director of Technical Services concerning the meeting between Mr David Jamieson, MP, Parliamentary Under Secretary of State, Department for Transport and representatives of the Tanker Traffic in the Minch Working Group of 26 January 2004 be noted.
End of Life Vehicle Directive: Resolution from KIMO UK CH03.05	28	The Director for Sustainable Communities submitted a Report indicating that the Comhairle had been invited to respond to KIMO (Local Authorities International Environmental Organisation) UK Policy Statement 1/03 – The Implications of the UK Implementation of the End of Life Vehicles Directive. It was agreed to recommend that the Comhairle: (1) agree to support KIMO Policy Statement 1/03; and (2) delegate responsibility to the Director for Sustainable Communities to prepare a response from the Chairman of Environmental Services Committee to the MSP and MP for the Western Isles.
Monthly Price Surveys CH02.05	29	The Director for Sustainable Communities submitted a Report concerning the feasibility of conducting monthly price surveys. It was agreed to recommend that the analysis of the Rural Price Survey be made available to members through the Information Bulletin at the earliest opportunity and that any matters arising of economic impact be considered through the Sustainable Development Committee.
		PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	30	The Acting Director of Corporate Services submitted a Report detailing the Reports Outstanding arising from decisions of the Comhairle. It was agreed to recommend that the Report be noted.
		ADDITIONAL ITEM
		The Chairman ruled that in accordance with the provision of Section 50(B) 4 of the Local Government (Scotland) Act 1973, 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 its next meeting.
Alter Porch Roof at 10B Upper Coll, Isle of Lewis	31	The Director for Sustainable Communities submitted a Report concerning an application for planning permission to alter the porch roof at 10B Upper Coll, Isle of Lewis. The Report gave background information and commented on the application. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission to alter the porch roof at 10B Upper Coll, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.