Minute of Meeting held in the Council Offices, Stornoway, on Thursday 23 March 2006 at 9.00am.
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MINUTES
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Minute of
Meeting of 2 February 2006
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1
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The Minute of
Meeting of 2 February 2006 was approved.
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Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 10 February 2006
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2
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The Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 10 February 2006
was noted.
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Minute
of Meeting of Civic Government Licensing Panel of 10 February 2006
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3
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The Minute of Meeting of Civic Government
Licensing Panel of 10 February 2006 was noted.
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Declaration of Interest
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4
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The
Vice-Chairman and Mr Donald J Macsween declared an interest in Item 18 and
left the meeting during consideration of the matter.
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CONSTITUTION
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Planning Applications: Proposed Delegation to the Environmental
Services Committee
DS21.01
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5
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The Director
for Sustainable Communities and the Director of Corporate Services submitted
a joint Report inviting the Committee intimating that in light of the fact
that there may be a need to determine planning applications between the
meetings of the Comhairle on 30 March 2006 and 22 June 2006 that it would be
appropriate to give consideration to it being delegated to the Committee to
determine planning applications.
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It was further
stated that it was proposed to submit planning applications to the
Environmental Services Committee, during the period 31 March – 22 May 2006
taking into account the requirements placed on the Comhairle to meet
performance indicators in relation to the processing of planning applications
and also the statutory position, which allowed applicants to consider that
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 31 March 2006 to 22 May
2006.
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FINANCE
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Business Plans 2006/07 - 2008/09
PR33.01.04
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6
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The Chief
Executive submitted a Report seeking approval of the Business Plans for
2006/07 – 2008/09. It was stated in the Report that the Chartered Institute
of Public Finance (CIPFA)/Society of Local Authority Chief Executive’s
(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 suitable use of sources.
It was
agreed to recommend, insofar as the Committee’s interest were concerned, that
the Comhairle approve the Business Plans, as detailed in the Report by the
Chief Executive.
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POLICY
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Long-term Management of Solid Low Level
Radioactive Waste
CH03.08
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7
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The Director
for Sustainable Communities submitted a Report concerning a National
Consultation document on the Long-term Management of Solid Low Level
Radioactive Waste in the United Kingdom.
It was
intimated in the Report that the Consultation Document outlined the present
arrangements made to manage low-level radioactive waste and it was estimated
that about 2 million cubic metres of such waste could arise from existing nuclear
and non-nuclear activities before 2106. It was emphasised in the Report that
the remaining capacity for the current site authorised to receive low level
radioactive waste had been estimated in the order of .08 million cubic metres.
It was
suggested that as the deadline for the submission of responses in respect of
the Consultation Document was 31 March 2006 and given the need to consult
COSLA, KIMO and NLFA it would be appropriate to grant delegated to the
Director for Sustainable Communities to respond to the Consultation Document
on the Long-term Management of Solid Low Level Radioactive Waste in the
United Kingdom.
It was
agreed to recommend that it be delegated to the Director for Sustainable
Communities to respond to the consultation document on the long-term
management of solid low level radioactive waste in the United Kingdom, in
consultation with the Chairman of the Environmental Services Committee,
COSLA, KIMO and NLFA, as appropriate.
It was
further agreed to recommend:
(1)
that the Director for Sustainable
Communities be requested to circulate to all Members of the Comhairle a copy
of the response to the consultation document on the long-term management of
solid low level radioactive waste in the United Kingdom; and
(2)
that the Director for Sustainable
Communities be requested to submit a Report to a future meeting of the
Committee concerning the findings arising from the monitoring of radiation levels
in the Western Isles.
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PLANNING
APPLICATIONS
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28 Breanish, Isle of Lewis
DS21.01
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8
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a house at 28 Breanish, Isle of
Lewis. The Report gave background information and intimated that as the
applicant was the sister in law of a Planning Officer in the Department for
Sustainable Communities the matter had been referred to the Committee for
consideration.
It was
agreed to recommend that the Director for Sustainable Communities be
authorised to grant planning permission for the erection of a house at 28 Breanish, Isle of Lewis, subject to the conditions shown in
Appendix 1 to the Report.
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Outline Application for Retail
Floorspace, Stornoway Airport, Isle of Lewis
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9
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The Director
of Corporate Services withdrew this Item.
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Erection of Agricultural Building at 10
Keose, Lochs, Isle of Lewis
DS21.01
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10
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of an agricultural building at 10 Keose,
Lochs, Isle of Lewis. The Report gave background information and intimated
that as the applicant was a Planning Officer in the Department for Sustainable
Communities the matter had been referred to the Committee for consideration.
It was
agreed to recommend that the Director for Sustainable Communities be
authorised to grant planning permission for the erection of an agricultural building at 10 Keose, Lochs, Isle of
Lewis, subject to the conditions shown in Appendix 1 to the Report.
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Erection of Palisade Fence to Create
Secure Compound on Land Opposite Maclennan's Garage, Balivanich, Benbecula
DS21.01
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11
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a palisade fence to create a secure
compound on land opposite Maclennan’s Garage, Balivanich, Benbecula. The
Report gave background information and intimated that as the manager of the
applicant company was the spouse of an Officer in the Development Control
Section in the Department for Sustainable Communities the matter had been
referred to the Committee for consideration.
It was
agreed to recommend that the Director for Sustainable Communities be
authorised to grant planning permission for the erection
of a palisade fence to create a secure compound on land opposite Maclennan’s
Garage, Balivanich, Benbecula, subject to the conditions shown in
Appendix 1 to the Report.
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The Chairman
ruled that, in accordance with the provision of Section 50(B) 4 of the Local
Government (Scotland) Act 1973 as amended, that the following Item be
considered as a matter of urgency in order to allow the Comhairle to take a
view on the matter.
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Erect House, 11
Steinish
DS21.01
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12
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a house at 11 Steinish, 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 house at 11 Steinish, Lochs, Isle of Lewis, subject
to the conditions shown in Appendix 1 to the Report.
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PUBLIC
CONVENIENCES
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Public Convenience Grant: Iochdar Hall,
South Uist
CH03.07
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13
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The Director
for Sustainable Communities submitted a Report concerning a proposed grant
for the provision of public convenience facilities at the Iochdar Hall, South
Uist. It was intimated in the report that the Public Convenience Strategy
included the provision of facilities in the North end of South Uist and that
several options had been considered, in relation to the provision of public
convenience facilities in the area between Benbecula and Kildonan. It was
stated that refurbished sanitary accommodation, including disabled
facilities, were now available at the recently modernised Iochdar Hall. It
was further stated that whilst the facilities at Iochdar Hall would be
accessible throughout the working day and for extended periods during the
summer months, no provision would be made for 24-hour access.
It was
agreed to recommend that the Comhairle:
(1)
authorise payment of a grant of £1,000
to the Iochdar Hall Committee as a contribution towards the day to day
running of public convenience facilities at the Hall for a period of 12
months for 1 April 2006; and
(2)
grant delegated authority to the Director
for Sustainable Communities to review arrangements thereafter and to take
appropriate action regarding any future funding.
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WASTE
STRATEGY
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Progress Update: Waste Plant
Construction Project
CH03.08
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14
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The Director
for Sustainable Cases submitted a Report giving information in relation to
the progress made in respect of the construction of the new Waste Plants at Creed Park, Isle of Lewis and Market Stance, Benbecula. It was stated in the Report that
in terms of construction the Creed Park Plant was nearing completion,
although elements of mechanical and electrical installation were still
underway. It was reported that Earth Tech, the main contractor, had
indicated that the project was on target and due for ‘cold commissioning’, in
May 2006. It was further intimated that insofar as the Market Stance Plant
was concerned it was anticipated that the facility would be handed over to
the Comhairle by 30 June 2006. It was further stated in the Report that, at
present, no additional costs had been identified and that a Waste Plant
Construction Project was progressing within Budget.
It was
agreed to recommend that the Report be noted.
It was
further agreed to recommend:
(1) that the Director for Sustainable
Communities be requested to submit a Report on the Pilot Scheme for Organic
Waste Collections; and
(2) that the Press Release concerning
the Organic Waste Collection Service be circulated to all Members of the
Comhairle.
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Cleansing Services – Delivery Mechanisms
CH03.08
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15
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The Director
for Sustainable Communities submitted a Report reviewing past methods of
delivering Value For Money in relation to the delivery of cleansing services
and inviting consideration of the options available to manage the transition
required to deliver the Waste Strategy Implementation Plan.
The Report set
out information in relation to:
(a)
maintaining Best Value in cleansing services;
(b)
the separated waste collection service;
(c)
other refuse collection services;
(d)
street cleansing and gully emptying;
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(e)
grave digging and burial ground maintenance;
(f)
the Stornoway Abattoir;
(g)
vehicle types and vehicle maintenance; and
(h)
the new services required, following a
successful application for funding under Phase 1 from the National Waste
Strategy Fund.
The Report
concluded that the flexibility, diversity and location of the Environmental
Services DSO had proved an invaluable mechanism for controlling costs as the
Comhairle moved to introduce new services and that for the reasons set out in
the Report it appeared that through negotiation and bench-marking the
Environmental Services DSO remained the best delivery mechanism for the core
cleansing services.
It was,
however, emphasised that in order to maintain Best Value along with
continuous improvement the Comhairle should continue to seek co-operation
with communities and the local private sector to develop their capacity for
co-delivering the services, which the Comhairle sought to improve.
It was
agreed to recommend that the Comhairle:
(1)
authorise the Director for Sustainable
Communities to determine new rates for the main Cleansing Services, provided
by the Environmental Services DSO, in respect of the service variations and
local fuel prices within the financial provision made in the Revenue
Estimates and the Scottish Executive Grant;
(2)
market test the waste transfer
operation; and
(3)
continue with “benchmarking” the
services referred to in this Report and subject the unit costs resulting from
recommendation (a) above to benchmarking with other Local Authorities after
one year of operation, which is expected to be not later than 30 September
2007, such benchmarking to be carried out by an external consultant.
It was
further noted that the Director for Sustainable Communities would submit a
Report on the operation of the Stornoway Abattoir to the next meeting of the
Committee.
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CIVIC
GOVERNMENT LICENSING
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Licensing of Skin Piercing and
Tattooing
CH04.18
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16
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The Director for Sustainable Communities
submitted a Report seeking an amendment to the Scheme of Delegation to allow
the Director for Sustainable Communities to determine licence applications
for skin piercing and tattooing and determine appropriate licence conditions
and fees. The Report commented on the statutory position concerning
the regulation of tattooing and skin piercing and intimated that in terms of
Civic Government (Scotland) Act 1982 (Licensing of Piercing and Tattooing)
Order 2006 the Council was required to licence and inspect cosmetic and skin
piercing businesses, whether fixed or mobile. It was further intimated that
the licensing regime introduced a requirement for written parental consent to
be given in person for skin and body piercing for children less than 16 years
old. It was stated that under the above-mentioned Order those businesses
carrying out tattooing, body piercing, acupuncture and electrolysis were
required to maintain the hygiene requirements set out in the Order. The
Report concluded that the licensing of skin piercing and tattooing should
increase protection for consumers whilst at the same time minimising the
burdens on those businesses concerned.
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It was
agreed to recommend that:
(1)
the Scheme of Delegation be amended to
permit the Director for Sustainable Communities to determine licence
applications under the Civic Government (Scotland) Act 1982 (Licensing and
Piercing and Tattooing) Order 2006; and
(2)
the fees and duration of such licences
be as detailed in Appendix 1 to the Report and on the basis that the
conditions attached to such licences be as determined by the Director for
Sustainable Communities.
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POLLUTION
CONTROL
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17
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With reference
to Item 21 of the Minute of Meeting of the Transportation Committee the
Director of Technical Services submitted a Report in relation to the recent
announcement by the Secretary of State for Transport which would establish 32
Marine High Risk Areas located around the UK coast. It was stated that 14
MEHRA’s had been established in Scotland, of which 3 were sited around the
Western Isles, namely at, North St Kilda, South St Kilda and Gallan Head. It
was further stated that a primary purpose of a MEHRA was to inform shipping
that an area was environmentally sensitive and that Ship Masters should take
the MEHRA designation into account when passage planning. MEHRA’s would not
be exempt as areas of safe refuge, if there was a risk to life, or if the
potential for pollution was minimal. It was concluded that whilst the
designation of the three MEHRA sites around the Western Isles was to be welcomed
it was a matter of disappointment that the Minches had been omitted from the
list of those sites designated as MEHRA’s, on the basis that sufficient
protective measures, such as the Particularly Sensitive Sea Area
designation, already existed, and that the introduction of recommended
routes, adopted by the International Maritime Organisation, traffic
separation schemes at Neist Point, additional reporting and an improved AIS
network, would all contribute to protecting the diverse marine environment of
the Minches.
It was
agreed to recommend that the Report be noted.
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RELATED
MATTERS
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The
Vice-Chairman and Mr Donald J Macsween declared an interest in the following
item and left the meeting during consideration of the matter.
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18
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The Director
for Sustainable Communities submitted a Report recommending the allocation of
the remaining ACE Option funding for 2005/06 to the Tuimpanhead Community
Association, Newmarket Gateway Trust and Iomairt Nis. The Report gave
details of the projects which it was proposed to grant aid as follows:
(a)
Tuimpanhead Community Association – funding
was sought towards the cost of landscaping and installing security lighting
around the new Tuimpanhead Community Centre;
(b)
The Newmarket Gateway Trust - funding was
sought towards the costs of signage and car park surfacing at the Newmarket Gateway Community Garden; and
(c)
Iomairt Nis Ltd – funding was sought towards
the costs involved in purchasing the equipment necessary for the development
of the Ness Recycling Initiative.
It was further
stated in the Report that financial provision existed in the estimated sum of
£26,400 for the ACE Option Fund in 2005/06.
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It was
agreed to recommend that the Comhairle approve capital grants, from the
Comhairle's 2004-08 Capital Programme for ACE, of:
(1)
£10,000 to Tiumpanhead Community
Association;
(2)
£10,000 to Newmarket Gateway Trust; and
(3)
£5,000 to Iomairt Nis Ltd.
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PERFORMANCE
MONITORING
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19
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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.
Arising out
of consideration of the above matter it was agreed to recommend that the
Director for Sustainable Communities be requested to press the Office of Fair
Trading to take action in relation to the ‘Delivery Surcharges on Consumer
Goods’ so as to ensure that those living in the Western Isles were not
unfairly treated.
Arising out
of consideration of the above matter it was further noted that the Chairman
would arrange for documentation, prepared by COSLA, concerning Avian Flu to
be circulated to all Members of the Comhairle.
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The Chairman
ruled that, in accordance with the provision of Section 50(B) 4 of the Local
Government (Scotland) Act 1973 as amended, that the following matters be
considered as a matter of urgency in order to allow the Comhairle to take a
view on the matter.
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DISABILITY ACCESS
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20
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The Chairman
ruled that, in accordance with the provision of Section 50(B) 4 of the Local
Government (Scotland) Act 1973 as amended, that the following Item be
considered as a matter of urgency in order to allow the Comhairle to take a
view on the matter.
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Dell Taigh Ceilidh
DS02
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19
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The Director
for Sustainable Communities Submitted a Report concerning an application for
financial assistance towards the costs involved in funding disabled access
improvements at the Dell Taigh Ceilidh, Isle of Lewis. The Report gave
background information and intimated that as the applicant was the Member for
the Port of Ness Ward and that the level of grant sought was higher than that
which could be approved in terms of the delegation granted to the Director
for Sustainable Communities the matter had been referred to the Committee for
consideration.
It was
agreed to recommend that the application from Iomairt Nis Limited for funding
to help fund access improvements to Dell Taigh Ceilidh be approved up to a
maximum of £2,500, on the basis that payment would only be made upon
submission of detailed invoices and a satisfactory inspection.
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