COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

 

 

 

 

 

 

 

 

 

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 3 February 2005 at 9.00am. 

 

PRESENT

Mr Angus Nicolson (Chairman)

 

 

Mr Alex A MacDonald

Mrs Morag Munro

 

Mr Norman A Macdonald

Mr Donald Maclean

 

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)

Mr Martin C Taylor

Mr George Lonie

 

 

 

 

MINUTES

 

Minute of Meeting of 9 December 2004

 

 

1

The Minute of Meeting of 9 December 2004 was approved.

 

 

Minutes of Meetings of Waste Strategy Implementation Sub-Committee of 26 November 2004and 21 December 2004

 

 

2

The Minutes of Meetings of the Waste Strategy Implementation Sub-Committee of 26 November and 21 December 2004 were noted.

Declaration of Interest

 

 

3

There were no declarations of interest.

 

 

FINANCE

 

Third Quarter Revenue Monitoring 2004/05

PR110.05

 

4

The Acting Director of Finance submitted a Report detailing the Comhairle’s Forecast Revenue Outturn for 2004/05 at the end of the third quarter.  A summary of the financial performance to the end of December 2004 was appended to the Report.

 

It was agreed to recommend that the Report be noted, insofar as the Committee’s interests were concerned.

 

Third Quarter Capital Monitoring 2004/2005

PR110.03

 

5

The Acting Director of Finance submitted a Report concerning progress in the 2004/05 Capital Programme as at 31 December 2004.

 

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

 

 

Revenue Estimates 2005/2006

 

 

6

The Acting Director of Finance submitted the Draft Revenue Estimates for 2005/06.

 

It was agreed to recommend approval of the Draft Revenue Estimates 2005/2006, insofar as the Committee’s interests were concerned.

 

 

 

 

PLANNING APPLICATIONS

 

Site Visit to Holm, Isle of Lewis

 

 

7(a)

The Chairman outlined the arrangements for the site visit in connection with the application for the erection of a holiday cottage and a new byre at 2 Holm, Isle of Lewis.

 

The Committee visited the proposed site for erection of a holiday cottage and a new byre at 2 Holm, Isle of Lewis.

 

The Chairman invited Mr Alastair Banks, Head of Development Services to address the meeting and answer Members’ questions in relation to the site.

 

Mr Banks responded to Members’ questions.

 

 

Erect Holiday Cottage and New Byre at 2 Holm, Isle of Lewis

DS21.01

7(b)

With reference to item 9 of the Minute of Meeting of 9 December 2004 the Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a holiday cottage and new byre at 2 Holm, Isle of Lewis.  The Report gave background information, commented on the application and indicated that representations had been received.

 

The Chairman, seconded by Mr Norman A MacDonald moved approval of the recommendation detailed in the Report by the Director for Sustainable Communities.

 

Mrs Morag Munro, seconded by Mr Ronald J Mackinnon, moved as an amendment that the application be deferred until the applicant had completed a risk assessment in relation to the proposed development and that a further Report be submitted by the Director for Sustainable Communities to a future meeting of the Committee, on this application, on the basis that this Report should include the risk assessment.

 

On the matter being put to the vote the amendment received the majority of votes cast and it was agreed to recommend accordingly.

 

 

Replace Existing Roofs on Extensions to House at 28 Lewis Street, Stornoway

DS21.01

 

 

8

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the replacement of existing roofs on extensions to the house at 28 Lewis 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 replacement of existing roofs on extensions to the house at 28 Lewis Street, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 to the Report.

 

Redevelopment of Former School and Upgrading of Schoolhouse to Family Dwelling at Keose, Isle of Lewis

DS21.01

 

 

9

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the re-development of the former school and the upgrading of the former schoolhouse to a family dwelling at Keose, Isle of Lewis. It was intimated in the Report that as the applicant was an Officer in the Development Control Section of the Sustainable Communities Department the application had been referred to the Cohairle for consideration.

 

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the re-development of the former school and the upgrading of the former schoolhouse to a family dwelling at Keose, Isle of Lewis, subject to the conditions shown in Appendix 1 to the Report.

 

 

Burying of Fish Morts at Kyles, Paible, North Uist

DS21.01

 

 

10

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the burying of fish morts at Kyles Paible, North Uist. 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 burying of fish morts at Kyles Paible, North Uist, subject to the conditions shown in Appendix 1 to the Report.

 

 

 

 

ENVIRONMENT

 

Allocation of Environmental Improvement Grants for 2005/06

H10

 

11

The Director for Sustainable Communities submitted a Report concerning the allocation of funds from the Action by Communities on their Environment (ACE) Challenge Fund for 2005/06 and Communities Scotland Private Sector Housing Grants for community led Environmental Improvement Projects.

 

It was stated in the Report that in light of the over-subscription for ACE Challenge Funds it was proposed to supplement the funding available to projects under the scheme by use of the base element of the Private Sector Housing Grant, which had been identified for environmental improvements in the sum of £150,000 and that by using Private Sector Housing Grant in this way, it would be possible to avoid having to reject any high quality projects submitted under the ACE Challenge Fund.

 

The Report detailed the proposed allocation of funding from ACE and private sector housing grant funds for 2005/06.

 

 

 

It was agreed to recommend that, insofar as the Committee’s interests were concerned, subject to the production of satisfactory evidence of matching funding and obtaining all necessary statutory consents, where appropriate:

 

(1)                 the Housing Committee approve allocations from the Private Sector Housing Grant as outlined in column F of Appendix 1 to the Report ; and

 

(2)                 the Environmental Services Committee approve allocations from the ACE Challenge Grant as outlined in column E of Appendix 1 to the Report.

 

 

Additional Funding for Remediation of Contaminated Land

CH03.14

 

12

The Director for Sustainable Communities submitted a Report intimating that the Scottish Executive had granted an additional £150,000 for the remediation and subsequent development of a former landfill site in the centre of Castlebay, Isle of Barra. It was stated in the Report that the additional grant–aid had been made available to the Comhairle in light of the fact that site investigation commissioned by the Comhairle had identified the need for remediation works to be undertaken in order to bring the land into beneficial use.

 

It was agreed to recommend that the Comhairle note the granting of an additional £150,000 for the remediation and subsequent development of the former landfill site in Castlebay.

 

 

 

 

COASTAL PROTECTION

 

UK and Scottish Climate Change Programme Reviews:  Consultation

CH03.01

 

13

The Director of Technical Services submitted a Report detailing a proposed response to the consultations currently being undertaken by the Government and the Scottish Executive on climate change programmes.  These programmes were to be significant contributions to the global response to climate change and sought to set out strategic, far-reaching packages of policies and measures across all centre of the economy.  The Report highlighted the UK and Scottish climate change programmes.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle approve that Appendix 3 in the Report, together with the comments made by Members and including the basis of the recent article in Holyrood magazine, should form the basis of a common Comhairle response to both DEFRA and the Scottish Executive Environment Group.

 

 

Remote Sensing of Soft Coasts Project

DS60.01

 

 

14

The Director of Technical Services submitted a Report in relation to the Remote Sensing of Soft Coasts project.  Concerns about climate change and rises in sea levels had increased the awareness of the necessity for accurate planning and monitoring of coastlines and low lying inland areas.  The aim of the Remote Sensing of Soft Coasts project was to gather baseline data which could then be used with in-house Geographic Information Systems to assist with development planning, identifying vulnerable areas and mapping.  The Report further indicated that the project was being led by Scottish Natural Heritage who had invited the Comhairle, along with others, to support and partly fund the initiative.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle be a project partner and approve funding of up to £15k to project costs as per paragraph 1.2 of the Report.

 

 

 

 

CONSUMER PROTECTION

 

Licensing of Fireworks Suppliers

CH04.12

15

The Director for Sustainable Communities submitted a Report in relation to the implications for the Comhairle of the Fireworks (Scotland) Regulations 2004.  The Report stated that the Regulations introduced  a curfew on the night-time use of fireworks and further controls on the sale of fireworks outwith the traditional firework celebration periods of Guy Fawkes, New Year, Chinese New Year and Diwali.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned,  that the Comhairle's Scheme of Delegation be amended to permit:

 

(1)     the Director for Sustainable Communities to determine applications, and carry out the enforcement function contained within Regulation 9 of the Fireworks (Scotland) Regulations 2004; and

 

 

(2)     the Director of Corporate Services to determine applications for a dispensation under Regulation 4 of the Fireworks (Scotland) Regulations 2004.

 

 

It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report to a future meeting of the Committee outlining options in relation to the restriction of the sale of fireworks from shop premises in the Western Isles.

 

 


 

 

 

RELATED MATTERS

 

Fees for Large Windfarm Applications

DS21.01

 

16

The Director for Sustainable Communities submitted a Report appending the proposed response to the Consultation Paper from the Scottish Executive concerning the Fees Payable by Applicants for Consent Under the Electricity (Applications for Consent) (Scotland) Regulations 1990.  The Report referred to the submissions made by the Comhairle to Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning in connection with the level of fees payable by applicants for large Windfarm Applications and highlighted that the Scottish  Executive’s proposals made no provision for retrospective payments, to the Comhairle, for the Lewis WindPower and the Beinn Mhor applications, that had already been submitted.

 

It was agreed to recommend that the consultation response at Appendix 5 to the Report should form the basis of the response to the Scottish Executive from the Comhairle.

 

It was further agreed to recommend that the Comhairle should seek retrospective payment in respect of relevant fees under the Electricity (Application for Consent) (Scotland) Regulations 1990, in the event that the Comhairle were not to be granted the special financial allocation sought for determining large windfarm applications already submitted.

 

 

Oil Pollution Exercise and Draft Oil Spill Contingency Plan

CH03.06

 

17

The Director of Technical Services submitted a Report intimating that the Marine Coastguard Agency proposed to test the National Contingency Plan for Oil Pollution Response in Stornoway on 22 and 23 February 2005.  It was intimated in the Report that the draft Revised Oil Spill Contingency Plan, which had been made available to Members, would be finalised following the proposed exercise and submitted to the Comhairle for approval.  It was indicated that financial provision for the proposed exercise could be identified from within the budget for the Traffic Routing Study, in light of confirmation from The Highland Council that it would fund part of the Traffic Routing Study.

 

It was agreed to recommend:

 

(1)                 approval of the Comhairle hosting the exercise to test the National Contingency Plan for Oil Pollution in Stornoway on 22 and 23 February 2005;

 

(2)                 that the Comhairle’s draft Revised Oil Spill Contingency Plan be submitted to Committee for approval following the exercise; and

 

(3)                 that the balance of funding available from the Traffic Routing Study for Minch and West of Hebrides, as detailed in the Report, be used to cover the cost of the exercise and associated issues.

 

 

Tanker Traffic in the Minches PSSA Designation

DS61.01

 

18

The Director of Technical Services submitted a Report concerning the proposal, approved by the International Maritime Organisation (IMO), to designate part of Western European Waters including the Minches and West of Hebrides as a Particularly Sensitive Sea Area  (PSSA). It was emphasised in the Report that the PSSA was a sea area requiring special protection through action by the IMO because of its significance for recognised ecological, socio-economic or scientific reasons and which may be vulnerable to damage by international maritime activities. It was stated in the Report that the designation was likely to strengthen the case for control and routing of vessels through the Minches and West of Hebrides.  It was further stated in the Report that the only protective measure, which the IMO proposed, at this point, was to prohibit the carriage of heavy grades of oil in vessels of more than 600 DWT, except in double hull tankers and that for some tankers this provision would only apply from 2008.

 

It was agreed to recommend that the Report be noted.

 

It was further agreed to recommend that the Director of Technical Services be requested to submit a Report to the Committee, if appropriate, in connection with the Highland Council Campaign concerning the Crown Estate Commission and the Seabed.

 

Site Use of Nicolson Lewis Sports Centre

AL06.01.40

 

 

19

With reference to item 10 of Minute of Meeting of the Arts and Leisure Committee  1 February 2004 the Director for Sustainable Communities submitted a Report concerning the site restoration of the campus following the demolition of the Nicolson Lewis Sport Centre.

 

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that:

 

(1)                 the Arts and Leisure Committee approve the development of the campus surrounding the Nicolson Lewis Sports Centre as outlined in Appendix 1 of the Report, subject to the necessary funding being approved by the Comhairle;

 

(2)                 the Environmental Services Committee approve expenditure of £60,000 from ACE capital funds towards the environmental improvements; and

 

(3)                 the Policy and Resources Committee approve the expenditure on the Project Evaluation Report for a skate park on the site.

 

 

 

 

PERFORMANCE MONITORING

 

Reports Outstanding:  Progress

PR33.01.12

 

20

The Director of Corporate Services submitted a Report concerning Reports Outstanding arising from decisions of the Committee.

 

It was agreed to recommend that the Report be noted.

 

 

 

 

ADDITIONAL ITEMS

 

The Chairman ruled that in accordance with the provision of Section 50(B) 4 of the Local Government (Scotland) Act 1973 as amended the following four items be considered as a matter of urgency in order to allow the Committee to take a view on these matters.

 

Coastal Erosion at Seilibost

DS60.01

21

With reference to item 16 of the Minute of Meeting of the Education and Children’s Services Committee of 2 February 2005 the Director of Technical Services submitted a Report concerning the extent of coastal movement along the coastline at Seilibost School following recent storms.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Report be noted.

 

 

Coastal Erosion at Lionacleit

DS60.01

22

With reference to item 19 of the Minute of Meeting of the Education and Children’s Services Committee of 2 February 2005 the Director of Technical Services submitted a Report concerning the extent of coastal erosion along the coastline south and east of Lionacleit School.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Report be noted.

 

 

Erect House at 3 Leurbost, Isle of Lewis

23

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 3 Leurbost, 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, subject to the receipt of satisfactory amended plans that improved the appearance and setting of the proposed house to the satisfaction of the Director for Sustainable Communities, the application be approved, subject to conditions to be determined by the Director for Sustainable Communities.

 

Erect House 10 Aird Tong, Isle of Lewis

DS21.01

 

24

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 10 Aird Tong, 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 application be approved subject to the conditions shown in Appendix 1 to the Report.