template for minutes

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 22 March 2007 at 9.00am

PRESENT	Mr Angus Nicolson (Chairman)
	Mr Ian M Macleod (Vice-Chairman)	Mrs Morag Munro
	Mr George Lonie	Mr Donald Maclean
	Mr Norman A MacDonald	Mr Martin C Taylor
	Mr Keith Dodson	Mr Peter Carlin
	Mr Angus Campbell	Mr Ronald J Mackinnon
	Mr Angus McCormack	Mr Angus Macdonald
	Mr Donald J Macsween

MINUTES

Minute of Meeting of 8 February 2007

The Minute of Meeting of 8 February 2007 was approved.

Declaration of Interest

Mr Angus Nicolson declared an interest in Item 18 and the Additional Item concerning Change of Use of Premises – Proposed to be Converted for Use as Teaching Rooms, Recording Studios and Rehearsal Rooms for Young Musicians, Stornoway, Isle of Lewis and left the meeting during consideration of these matters.

Mr Donald I Nicholson declared an interest in Item 8 and left the meeting during consideration of the matter.

Mr Norman A Macdonald declared an interest in Item 6 and left the meeting during consideration of the matter.

Mr Donald J Macsween declared an interest in Item 16 and the Additional Item concerning Change of Use of Premises – Proposed to be Converted for Use as Teaching Rooms, Recording Studios and Rehearsal Rooms for Young Musicians, Stornoway, Isle of Lewis and left the meeting during consideration of these matters.

Mr Angus McCormack declared a Non-pecuniary interest in Item 16 and remained in the meeting.

FINANCE

Business Plans and Budget 2007/08

PR33.01.04

The Chief Executive submitted a Report seeking approval of the Business Plans for 2007/2008 and the Budget for 2007/2008. It stated in the Report that the Chartered Institute of Public Finance (CIPFA)/Society of Local Authority Chief Executives (SOLACE), Corporate Governance Framework advised that Local Authorities should maintain effective arrangements for explicit accountability to stakeholders for an Authority’s performance and its effectiveness in the delivery of services and the sustainable use of resources. It was intimated in the Report that the preparation of Departmental Business Plans and Budgets had been brought together for 2007/08, with the result that the Budget now included Business Plans alongside the planned expenditure for any given service. It was emphasised that possible targets and action points relating to 2008/2009 and 2009/2010 had also been included in the Plans.

It was agreed to recommend that the Business Plans, as amended, be approved.

CONSTITUTION

Planning Applications Proposed Delegation to the Environmental Services Committee

DS21.01

There was submitted a Joint Report by the Director of Corporate Services and the Director for Sustainable Communities intimating that, in light of the fact that there may be a need to determine planning applications between the meeting of the Comhairle in March 2007 and mid-April 2007, it would be appropriate to give consideration to it being delegated to the Environmental Services Committee to determine planning applications. It was further stated that it was proposed to submit planning applications to the Environmental Services Committee during the period 30 March 2007 – 16 April 2007 taking into account the requirements placed on the Comhairle to meet performance indicators relating to the processing of planning applications and also the statutory position which allowed applicants to consider they had had a “deemed refusal”, if their application was not determined within a period of two months from submission.

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 Director of Corporate Services, considered appropriate, during the period 30 March 2007 - 16 April 2007.

BUILDING STANDARDS

Building Standards Balanced Scorecard Review

DS22.01

The Director for Sustainable Communities submitted a Report concerning the Building Standards Balanced Scorecard process and seeking approval for the revised Scorecard and Customer Charter as outlined in the Report. It was intimated in the Report that the Comhairle’s Building Standards Service was being audited by the Scottish Building Standards Agency (SBSA) in June 2007 and as part of the requirements for this the SBSA will required evidence that progress had been made in respect of the actions and targets that formed the basis of the original Comhairle Scorecard submission made in 2006. It was emphasised that the revised Scorecard, as detailed at Appendix 1 to the Report had been comprehensively reviewed in light of SBSA guidance.

It was agreed to recommend that the Comhairle approve the revised Balanced Scorecard in Appendix 1 to the Report and the draft Customer Charter in Appendix 2 to the Report.

PLANNING APPLICATIONS

Mr Norman A Macdonald declared an interest in the following item and left the meeting during consider of this matter.

Erection of a Two Bedroomed Detached Dwellinghouse at The Croft, 21 Valtos, Uig

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a two bedroomed detached dwellinghouse at The Croft, 21 Valtos, Uig. The Report gave background information and intimated that as the applicant was the brother of Mr Norman A MacDonald, Member for the Uig Ward, the matter had been referred to the Committee for consideration.

It was agreed to recommend that the application be approved, subject to the conditions shown in Appendix 1 to the Report.

Erection of a Boundary Garden Wall (Retaining) at 39C Newmarket, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a boundary garden wall (retaining) at 39C Newmarket, 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.

Mr Donald I Nicholson declared an interest in the following item and left the meeting during consider of this matter.

Mixture of Residential Accommodation, Serviced Plots for Housing with Associated Roads Service Infrastructure, Landscaping and Serviced Plot for Retail Outlet of Approximately 300m2 of Floor Area at Melbost Farm, Melbost, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the construction of a Mixture of Residential Accommodation, Serviced Plots for Housing with Associated Roads Service Infrastructure, Landscaping and Serviced Plot for Retail Outlet of Approximately 300m2 of Floor Area at Melbost Farm, Melbost, 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:

(1) the application be approved, subject to the conditions shown in Appendix 1 to the Report, which included the submission of a Masterplan, approval of which was proposed not to be delegated to the Director for Sustainable Communities;

(2) the Comhairle prepare a Development Brief to guide development at the site; and

(3) issues of infrastructure, such as water and sewerage provision, along with roads, drainage, public open space, school, community provision, public art and landscaping be considered under Section 75 of the Town and Country Planning (Scotland) Act 1997 with such an agreement to be concluded with the approval of any Masterplan.

Erection of a Three Bedroomed Single Storey Dwellinghouse at 23B Benside, Isle of Lewis

This Item was withdrawn.

Change of Use from Ground Floor Store and First Floor Office to Ground Floor Restaurant and First Floor Flat, Church Street, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a change of use from ground floor store and first floor office to ground floor restaurant and first floor flat, Church 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 consideration of the application be deferred to allow the Director for Sustainable Communities to submit further information on materials, car parking and the use of the storage facility after consultation with the applicant and/ or agent, when the Committee re-convened at 6 30 pm on 28 March 2007.

Demolition of Former Shop, House and Garage and Construction of Mixed Development of Four No. Shop/Office Units and Eighteen No. Flats at 87 Cromwell Street, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the demolition of a Shop, House and Garage and Construction of Mixed Development of Four No. Shop/Office Units and Eighteen No. Flats at 87 Cromwell 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 application be refused for the reasons set out in Appendix 1 to the Report.

Erection of Three Lighting Columns with Two Flood Lights on Each Column to Provide Car Park Lighting at the Free Church of Scotland (Continuing) Sandwick, Isle of Lewis.

DS21.01

The Director for Sustainable Communities submitted a Report concerning and application for planning permission for the Erection of Three Lighting Columns with Two Flood Lights on Each Column to Provide Car Park Lighting at the Free Church of Scotland (Continuing) Sandwick, 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.

Erection of a House at 1A Leverhulme Drive, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning and application for the Erection of a House at 1A Leverhulme Drive, Stornoway, Isle of Lewis. The Report gave background information and intimated that as the applicant was the wife of Mr Norman L Macdonald, Member for the Goathill Ward, the matter had been referred to the Committee for consideration.

It was agreed to recommend that the application be approved subject to the conditions shown in Appendix 1 to the Report.

Change of Use From Retail to Residential for the Erection of 41 Dwellings with a Mixture of Flats, Semi-detached Cottages/Houses with Associated Landscaping, Parking (60 spaces) and Access Road and Footpaths on the Grounds of Anderson Road Nursery, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a change of use from Retail to Residential for the Erection of 41 Dwellings with a Mixture of Flats, Semi-detached Cottages/Houses with Associated Landscaping, Parking (60 spaces) and Access Road and Footpaths on the Grounds of Anderson Road Nursery, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and intimated that as the proposal was for a large development involving the realignment of Tolmie Terrace and the provision of a new roundabout at Anderson Road the matter had been was considered to be sensitive and consequently referred to the Committee for consideration.

It was agreed to recommend that the application be approved, subject to the conditions shown in Appendix 1 to the Report and subject to access to be included in Condition 1 as part of the reserved matters.

Erection of 46 Residential Units (Mix of Flats and Semi-detached Houses) at Site of Former Macrae Hostel Grounds, Torquill Terrace, Stornoway, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the Erection of 46 Residential Units (Mix of Flats and Semi-detached Houses) at the Site of the Former Macrae Hostel Grounds, Torquill Terrace, Stornoway, Isle of Lewis. The Report gave background information, commented on the application and intimated that as the application was considered to be sensitive the matter had been referred to the Committee for consideration.

It was agreed to recommend that the application be approved subject to the conditions shown in Appendix 1 to the Report.

Mr Donald J Macsween declared an interest in the following item and left the meeting during consideration of this matters.

Mr Angus McCormack declared a Non-pecuniary interest in the following item and remained in the meeting.

Erection Three Wind Turbines and Associated Transformers and Access Trail, North Harris.

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of Three Wind Turbines and Associated Transformers and Access Trail, North Harris. The Report gave background information, commented on the application and indicated that representations had been received.

It was agreed to recommend that the:

(1) appropriate assessment at Appendix 2 to the Report be approved for the development;

(2) application be approved subject to:

(a) completion of an agreement under Section 75 of the Town and Country (Scotland) Act 1997 to include:

Land restoration during the development phase and land restoration and decommissioning after completion of and at any time when any part of the development was modified or became redundant and the taking out of a reinstatement bond to ensure acceptable restoration.

(b) the conditions shown in Appendix 3.

(3) Director of Corporate Services be given delegated authority, in consultation with the Head of Development Services, to complete the Section 75 Agreement referred to in (2) (a) above and to encourage the developers to include in this agreement contributions to community benefit; and

(4) application be notified to the Scottish Executive under the terms of The Town and Country Planning (Notification of Applications) (National Scenic Areas) (Scotland) Directions 1987.

The Committee agreed to determine this Item on behalf of the Comhairle in

accordance with paragraph 17 of the Scheme of Administration.

Erection of Sheiling for Agriculture and Forestry Purposes at Lingay Island, Sound of Harris

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a Sheiling for Agriculture and Forestry Purposes at Lingay Island, Sound 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 application be approved, subject to the conditions shown in Appendix 1 to the Report.

The Chairman declared an interest in the following item and left the meeting during consideration of these matters.

Erection of Supermarket, Form Access and Car Parking Area, Castlebay, Isle of Barra

DS21.01

The Director for Sustainable Communities submitted a Report concerning and application for planning permission for the erection of a Supermarket, Formation of an Access and Car Parking Area, 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 application be approved, subject to the conditions shown in Appendix 1 to the Report.

		PROGRAMME AND PROGRESS
Programme and Progress PR33.01.12	19	The Director of Technical Services submitted a Programme And Progress Report in respect of Schemes at Balivanich, Craigston, Gualan Island, Ludaig Road, Pol nan Crann, Stoneybridge and Tolstachaolais Sewerage. It was agreed to recommend that the Comhairle note the Report.
		FLOODING AND COASTAL ZONE MANAGEMENT
NPP Preparatory Project Climate Change Impacts on Coastal Communities and Habitats DS60	20	The Director of Technical Services submitted a Report giving an overview of the proposed Northern Periphery Programme Project provisionally entitled Climate Change Impacts on Coastal Communities and Habitats. It was stated in the Report that the European Union through INTERREG IV was likely to fund the Northern Periphery Programme during the period 2007 to 2013 and was expected to have the undernoted to thematic priorities: (a) promoting innovation and competitiveness in remote and peripheral areas; and (b) sustainable development of natural and community resource. It was intimated in the Report that the project provisionally entitled Climate Change Impacts on Coastal Communities and Habitats was likely to meet the criteria of the Northern Periphery Programme. The Report outlined the benefits which could arise for communities throughout the Western Isles in terms of the Project, detailed in the Report, with one of the main benefits being an enhanced understanding of the effects of projected climate change of the physical and biological resources of the coast and how these could effect the social, economic and cultural values of those living in coastal communities. It was agreed to recommend that: (1) the Comhairle comment on and endorse the work undertaken to develop the potential Northern Periphery Programme Preparatory Project outlined in the Report; and (2) progress updates be provided to the Comhairle at regular intervals.
		RESERVOIRS
Loch Steisevat – Comhairle Responsibilities Under the Reservoirs Act DS65	21	The Director of Technical Services submitted a Report giving information on the legal responsibilities of Undertakers in terms of the Resevoirs Act 1975. It was intimated in the Report that in terms of the Reservoirs Act 1975 the Comhairle was the Enforcement Authority for reservoirs in the Outer Hebrides and had to ensure that any Undertaker complied with the requirements of the Act and that further where it was unclear as to who the Undertaker was for a particular reservoir, or where the Undertaker had failed to appoint an Inspecting or Supervising Engineer, in terms of the Reservoirs Act 1975, the Comhairle was required to appoint both a Supervising Engineer and an Inspecting Engineer and also for arranging the requisite inspections and supervisory visits. It was further stated in the Report that it had not yet been possible to determine who the Undertaker was for the Loch Steisevat Reservoir and that consequently both Inspecting and Supervising Engineers had been appointed in respect of this reservoir. It was further intimated that the Inspecting Engineer had recommended that emergency works be undertaken in relation to the rim of the reservoir at Loch Steisevat and that estimated cost of the works was £5,000.
		It was agreed to recommend, insofar as the Committee’s interests were concerned, that: (1) the Director of Corporate Services be authorised to investigate the ownership of Loch Steisevat and to ascertain who was the Undertaker, under the Reservoirs Act 1975; (2) the Director of Technical Services be authorised to commission the emergency works, detailed in the Report, to comply with the Inspecting Engineer’s recommendation, with the cost of these works being allocated to the Undertaker; (3) progress of the two actions listed above be reported at Environmental Services Committee via the Programme and Progress Report until a satisfactory solution has been achieved; and (4) the appointment of W.A. Fairhurt and Partners by the Director of Technical Services to undertake the Supervising and Inspecting Engineer’s duties under the Reservoirs Act 1975 be homologated.
		RELATED MATTERS
Ports of Entry Scheme CH01.01	22	The Director for Sustainable Communities submitted a Report concerning the Ports of Entry Capital Scheme. It was stated in the Report that the financial provision made for the Scheme was in the sum of £480,000 and that of this sum £236,000 had been committed to a range of specific projects with a number of these projects making a significant contribution to the quality of local environments at Ports of Entry. The Report referred to current Scottish Executive Policy in relation to capital grants to communities, which suggested that continuing to commit to projects of under £10,000 was not acceptable in terms of the criteria now used to determine Capital Expenditure and that this change of circumstance, coupled with a decline in community led interest in the Scheme made it appropriate to review the Ports of Entry Programme, with a view to recommending a range of spend proposals including the following: (a) Lochmaddy Ferry Terminal Artwork; (b) Leverburgh Ferry Terminal Environmental Improvement; (c) Castlebay Parking and Amenity Works; (d) Contribution towards Stornoway Town Centre Paving and Street Furniture Replacement; (e) Allowance for Future Port of Entry Grant Applications from Community Groups throughout the Western Isles in line with Scottish Executive Regulations relating to Capital Expenditure; and (f) The Transfer of Provision to the Community Disabled Access Capital Fund. It was further intimated that a number of programmes were no longer implementable including the “Trees in Stornoway Project”. It was agreed to recommend that the Comhairle approve : (1) the future spend strategy for the Ports of Entry Capital Scheme as presented at paragraph 6.1 and Appendix 2 of the Report; and (2) that the Ports of Entry capital programme be reprofiled accordingly. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report on Trees in the Stornoway Conservation Area, in light of Scottish Executive Guidance on Capital Grants.
Roads and Planning: Standards for Development DS21.01	23	There was submitted joint Report by the Director for Sustainable Communities and the Director of Technical Services giving information on the work undertaken by the Roads and Planning Members/Officer Working Group. The Report gave background information in relation to the formation of the Member/Officer Working Group and indicated that the Group had undertaken visited sites where particular issues, relating to the development of houses adjacent to and taking access from an adopted road, and houses adjacent to and taking access from an unadopted roads and private roads had arisen. The Report gave further background information in relation to: Scottish Planning Policy 3 “Planning and Housing”; The Comhairle's Development Plan’ and Other Comhairle Policy and Related matters, concerning the remit of the Member/Officer Working Group; The Report further suggested that the guidance for developers be as follows; (a) Developments should be required to comply with the Comhairle's statutory Development Plan guidance and other related road standards, unless material considerations dictated otherwise. In the latter context the circumstances would be considered and agreed by the Comhairle as Planning Authority;
		(b) Developers should initially budget for the cost of the provision of such Comhairle standards; (c) In line with Scottish Planning Policy 7, developers, or indeed the Comhairle through planning briefs, could put forward a case for the relaxation of or deviation from these standards for particular sites. Each case would be different and should be treated on its own merits. In terms of car parking, relaxation should be based on the criteria laid out in Appendix 3 of the Finalised Western Isles Local Plan e.g. in conjunction with affordable housing provision; (d) Footway provision along the frontage of a single house plot, or larger housing developments, would be dealt with on a case by case basis and based on the planning related merits and circumstances of the site in each case; and (e) For larger scale developments a developer could be required to contribute fully, or in part, to roads infrastructure (e.g. mini - roundabouts, lighting or pavements) outwith the application site by means of a Section 75 Planning Agreement in order that the overall development would be acceptable. This would depend upon the individual circumstances and implications of each development. The Report concluded that as a result of the work undertaken by the Roads and Planning Member/Officer Working Group the Comhairle was now in a much stronger position with regard to the approach applied to new developments in the planning process in respect of roads, access and parking. It was, however, emphasised that individual sites were different and that a “one size fits all” approach was not appropriate, indeed a degree of flexibility was encouraged by Scottish Planning Policy. It was further intimated that developers must be made aware of the current guidance on road infrastructure standards and that the Comhairle, as Roads and Planning Authority, should review its adoptable standards in light of changes at both the local and national levels.
		It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle: (1) note the Comhairle's existing policy and standards for roads contained in the Report; (2) approve the guidance for developers at paragraph 8.1 and that the key housing developers and agencies be made aware of the guidance; (3) agree to a full review of the Comhairle's standards for road infrastructure; and (4) note that the work of the Roads and Planning Member/Officer Working Group had been concluded.
Marine Planning DS22.01	24	The Director for Sustainable Communities submitted a Report giving information in relation to progress being made towards extending planning controls to marine fish farming. The Report gave background information and referred to the decision of the Scottish Parliament that local authorities would assume planning control of new fish farm applications (both Fin fish and Shell Fish) from 1 April 2007 and that from this date the Comhairle would be responsible for the receipt and determination of applications for development of fish farms and would also be responsible for monitoring and enforcement activity, as with any other land based planning application. The Report intimated that as part of the process all fish farms with existing Crown Estate consent would be part of a review or audit and that a non-statutory Panel would be established to review and audit existing consents. The framework for the above - mentioned review process formed Appendix 1 to the Report and set out the remit of Panels, the process for decision making, right of appeal, the composition of Panels, frequency of meetings, information relating to how assessments would be undertaken, the procedure for informing farmers of the process, criteria for assessing farms, the potential role of screening and scoping opinions, and the basis for consultation/advertising.
		It was further stated that the Scottish Executive had decided that Planning Authorities would be represented on Panels at Officer Level. The Report suggested that where the national panel was minded to refuse an application of an existing consent (pre 1 April 2007) in the Western Isles the Director for Sustainable Communities should report the matter to the Comhairle, in order that the Officer representing the Comhairle could take the Comhairle's considered view to the review panel. It was agreed to recommend that the Comhairle: (1) note the transfer of Marine Planning powers to the Comhairle for new fish farms as from 1 April 2007; (2) approve that where the National Review Panel is minded to refuse a planning consent for an existing fish farm (pre 1 April 2007) in the Western Isles the Director for Sustainable Communities should report the matter to the Comhairle for its view before Scottish Ministers make a final decision; and (3) request that the Director for Sustainable Communities monitor the impact of the transfer of powers in terms of the delivery of planning services and reports on any additional pressures created.

		ENVIRONMENT
The Restoration of Rueval Landfill Site CH03.08.15	25	The Director for Sustainable Communities submitted a Report giving information in relation to the Rueval Landfill site. It was intimated in the Report that work on the restoration of the Rueval Landfill site was currently at the design stage and that it was anticipated that it would be necessary to take decisions concerning the delivery of the project prior to the June meeting of the Comhairle. It was stated in the Report that funding in the sum of £400,000 for this work, which was required by statute, had been included in the current Capital Programme and that in order to facilitate the smooth progression of the project it was being suggested that it be delegated to the Director for Sustainable Communities, in conjunction with the Director of Finance, to make any necessary arrangements to secure materials and specialist contractors from provision within the overall budget for the project. It was agreed to recommend that authority to make any necessary arrangements to secure materials and specialist contractors for the next stage of statutory works at Rueval Landfill site be delegated to the Director for Sustainable Communities, in conjunction with the Director of Finance.
Bayhead Park Re-Development AL02.12	26	The Director for Sustainable Communities submitted a Report concerning the future development of the Bayhead Play Park. The Report referred to a public meeting held to discuss a range of options in relation to the future of the Bayhead Play Park and stated that the view to emerge from the meeting was that the most effective method of undertaking the remedial work at the Play Park would be to create two new tennis courts, on the site of the existing Play Park, which would allow the existing tennis court areas to be converted in a children’s play area and possibly a ball playing area for older children. It was intimated in the Report that the estimated cost of undertaking the proposed works, on a like for like basis, would be in the region of £85,000. The Report further intimated that discussions were ongoing with the Bayhead Community Association and other interested parties, with a view to the Association making a contribution to enhance the play area.
		It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle: (1) remediate the Bayhead Park as outlined in the plan at Appendix 1 to the Report at a cost in the region of £62k from Scottish Executive remediation funding; and (2) redevelop the children’s play area on a like for like basis at a cost in the region of £85k, with any further enhancements undertaken in conjunction with the local Community Association.
		PERFORMANCE MONITORING
Reports Out