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MINUTES
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Minute of
Meeting of 3 February 2005
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1
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The Minute of
Meeting of 3 February 2005 was approved.
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Minute of
Meeting of 23 February 2005
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The Minute of
Meeting of 23 February 2005 was approved.
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Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 24 February 2005.
CH03.08.08
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The Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 24 February
2005 was noted.
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Declarations
of Interest
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The Chairman
declared an interest in Items 13 and 14.
Mr Norman A
Macdonald declared an interest in Items 8 and 9; and
Mr Murdo
Macleod declared an interest in Item 14.
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PLANNING APPLICATIONS
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Winning
and Working of Small Quantities of Materials at Knockaird, Ness
DS21
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5
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the extraction of small quantities of mineral from an
area of land some 200 metres south east of the bridge between the ancient monument of Dun Eisdean north of Knockaird, Ness, 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 extraction of small
quantities of mineral from an area of land some 200 metres south east of the
bridge between the ancient monument of Dun Eisdean north of Knockaird, Ness,
Isle of Lewis subject to the conditions shown
in Appendix 1 to the Report.
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Install
Webcam in Roof of Callanish Tearooms
DS21
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6
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The Director
for Sustainable Communities submitted a Report concerning an application for
listed building consent for the installation of a webcam in the roof of the
tea room at Callanish, Isle of Lewis which was a Category B Listed Building.
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 notify Historic Scotland of its intention to grant listed
building consent for the installation of a web cam in the roof of the tea
room at Callanish, Isle of Lewis which was a Category B listed building
subject to the conditions shown in Appendix 1 to the Report.
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Temporary
Wind Monitoring Mast, Kirkibost, Bernera
DS21
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7
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission to erect a 47.18 metre wind monitoring mast at the north
end of the croft at 24 Kirkibost, Bernera, 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 erect a 47.18 metre high wind monitoring mast at the north end
of the croft at 24 Kirkibost, Bernera, Isle of Lewis subject to the
conditions shown in Appendix 1 to the Report.
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Mr Norman A
Macdonald declared an interest in items 8 and 9 below and left the meeting
during consideration of these matters.
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Caravan
Site on Land at Ardroil Machair, Uig, Isle of Lewis
DS21
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8
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for a caravan site on land at Ardroil Machair, Uig, 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 a caravan site on land at Ardroil Machair, Uig, Isle of Lewis,
subject to the conditions shown in Appendix 1 to the Report.
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Modification of Fish Farming Site at Floday and Vuia
Beag, West Loch Roag.
DS21
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9
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The Director
for Sustainable Communities submitted a Report concerning a consultation
which had been received from the Crown Estate for the modification of an
existing salmon farm to the west of Vuia Beag in West Loch Roag, Isle of
Lewis. The Report gave background information, commented on the application
and indicated that representations had been received.
The Director
for Sustainable Communities reported that in light of the representations
received from Scottish Natural Heritage it was recommended that the
application be given a qualified favourable view, subject to the conditions
shown in Appendix 1.
It was agreed to recommend that the
application be given a qualified favourable view, subject to the conditions
shown in Appendix 1 to the Report.
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Erect
House, 1 Reef, Uig, Isle of Lewis
DS21
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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 a one and half storey house at 1
Reef, Uig, 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 one and half storey house at 1 Reef, Uig,
Isle of Lewis, subject to such conditions that may be considered necessary by
the Director for Sustainable Communities.
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Erect House off Old Tolsta Road, Isle of Lewis
DS21
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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 house and attached garage on an open
moor land site off the old Tolsta Road, Isle of Lewis. The Report gave
background information and commented on the application.
It was
recommended in the Report that the application for planning permission for
the erection of a house on open moor land at a site off the old Tolsta Road, Isle of Lewis be refused for the following reasons:
(1)
The proposed house would be on open moorland
outwith the definable settlement of Gress. The proposal has not been
justified on any of the following grounds:
(i)
a specific locational need has been
demonstrated; or
(ii)
it is for the sustainable development of a
natural resource; or
(iii)
it involves sympathetic renovation or
replacement of an existing building; or
(iv)
it avoids a significant detrimental effect on
natural and built heritage resources; and
(v)
it can be supported in exceptional
circumstance, because of the social and economic benefits arising.
accordingly it
would be contrary to Policy DM1 of the Western Isles Structure Plan and
Policy H9 of the Broadbay Local Plan.
(2)
The Western Isles Local Plan is being prepared
and is due to reach finalised stage in the summer of 2005. In accordance
with the terms of the Structure Plan Policy DN1 the Local Plan will show
settlements and address the scope for their future development. Approval of
a house on the proposed site without the special justifications given in
Policy DM1 would set an unwelcome precedent for sporadic housing development
in an open moor land and would be premature to and could prejudice the
Western Isles Local Plan;
(3)
The proposed house would occupy an elevated
position and would break the skyline when viewed from Gress to the south. It
would be prominent and would not be in line with the relevant Scottish
Executive or Comhairle design guidance and would, therefore, fail to comply
with the aspirations of Policy DM7 of the Western Isles Structure Plan.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a house on open moor land at a site off the
old Tolsta Road, Isle of Lewis subject to such conditions that may be
considered necessary by the Director for Sustainable Communities
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Erect House at 142 Newmarket, Isle of Lewis
DS21
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12
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The Director
for Sustainable Communities submitted a Report concerning an application for
outline planning permission for the erection of a house on open land to the
rear of 142 Newmarket, Isle of Lewis. The Report gave background
information, commented on the application and indicated that representations
had been received.
It was
recommended in the Report that the Director for Sustainable Communities be
authorised to grant planning permission for the erection of a house on open
land to the rear of 142 Newmarket, Isle of Lewis subject to the conditions
shown in Appendix 1to the Report.
It was agreed to recommend that the
Committee undertake a visit to the site.
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The Chairman
left the meeting during consideration of the following items 13 and 14 below
and left the meeting during consideration of these matters. The
Vice-Chairman took the Chair during consideration of items 13 and 14 below.
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Change of Use from Retail Shop to Offices for Charity
Volunteer Centre, 95 Cromwell Street, Stornoway
DS21
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13
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for change of use consent for the shop unit formerly
occupied by Delansa Computers to a Charity Volunteer Centre at 95 Cromwell Street, Stornoway, Isle of Lewis. The Report gave background information, commented
on the application and intimated that the application had been advertised as
a potential departure from the Local Plan as being potentially contrary to
Policy ST1.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for change of use consent for the shop unit formerly occupied by
Delansa Computers to a Charity Volunteer Centre at 95 Cromwell Street,
Stornoway, Isle of Lewis, subject to such conditions that may be considered
necessary by the Director for Sustainable Communities
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Mr Murdo
Macleod declared an interest in the following item and left the meeting
during consideration of the matter.
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Outline
Application for Housing Development, Former Haldane Site, Church Street,
Stornoway
DS21
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14
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for outline consent for a 24 flat development occupying
all but the southern most part of the former Haldane Site, Church Street, Stornoway. 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 outline planning
permission for a 24 flat development occupying all but the southern most part
of the former Haldane Site, Church Street, Stornoway, subject to the
conditions shown in Appendix 1 to the Report.
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Erect
House at 18 Aignish, Isle of Lewis
DS21
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The Director
for Sustainable Communities submitted a Report concerning an application for
outline planning permission for the erection of a house on croft land at 18
Aignish, Isle of Lewis. The Report gave background information, commented on
the application and indicated that representations had been received.
It was
recommended in the Report that the Director for Sustainable Communities be
authorised to grant outline planning permission for the erection of a house
on croft land at 18 Aignish, Isle of Lewis subject to the conditions shown in
Appendix 1 to the Report.
It was agreed to recommend that the
Committee undertake a visit to the site.
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Extend
House, 6 Ard Diracleit, Isle of Harris
DS21
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the extension of a house at 6 Ard Diracleit, Isle of
Harris. The Report commented on the application and indicated that the
application had been submitted to the Committee for consideration as the
applicant was the brother-in-law of Angus Lamont, an Officer of the
Comhairle, with the consequence that the application could not be dealt with
in terms of the delegation granted to the Director for Sustainable
Communities.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for an extension of the house at 6 Ard Diracleit, Isle of Harris
subject to such conditions that may be considered necessary by the Director
for Sustainable Communities
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Erect 6 Houses at Bunavoneader, Harris
DS21
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The Director
for Sustainable Communities submitted a Report concerning an application for
outline planning permission for the erection of 6 houses on land located
along the eastern side of the B887 at Bunavoneadar, Isle of Harris. The
Report gave background information, commented on the application and
indicated that representations had been received.
It was
agreed to recommend that the Director for Sustainable Communities be
authorised to grant outline planning permission for the erection of six
houses on land located along the eastern side of the B887 at Bunavoneadar,
Isle of Harris subject to the conditions shown in Appendix 1 to the Report.
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Erect House at Claddach Kirkibost, North Uist
DS21
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18
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a single storey house at Claddach
Kirkibost, 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 erection of a single storey
house at Claddach Kirkibost, North Uist, subject to the conditions shown in
Appendix 1 to the Report.
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Erect House at 46 Balgarva, South Uist
DS21
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a single storey house at Balgarva,
South Uist. The Report gave background information, commented on the
application and indicated that since concerns had been raised regarding the
location of the proposed house and its proximity to the coast the application
was considered to be sensitive and 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 single storey house at Balgarva, South Uist,
subject to the conditions shown in Appendix 1 to the Report.
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Erect Mast at Ledaig, Isle of Barra
DS21
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a Tetra Mast 15 metres in height at
the former MOD Radio Station at Ledaig, Isle of Barra. The Report gave
background information, commented on the application and indicated that
representations had been received.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a Tetra Mast 15 metres in height at the
former MOD Radio Station at Ledaig, Isle of Barra subject to the conditions
shown in Appendix 1 to the Report.
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DEVELOPMENT
CONTROL
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of the following item on the grounds that exempt information as
defined in Paragraph 9 of Schedule 7A of the Local Government (Scotland) Act
1973 as amended would be disclosed, namely, information relating to any terms
proposed or to be proposed by or to the Comhairle under any particular
contract for the acquisition or disposal of property or the supply of goods
or services.
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Erection of 6 Wind Turbines, Pentland Road, Isle of
Lewis
DS21
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The Acting
Director of Finance, Director of Corporate Services and the Head of
Development Services submitted a Joint Report seeking approval of the terms
of a Section 75 Agreement to provide restoration bonds and community
contributions associated with the erection of 6 wind turbines, Pentland Road,
Isle of Lewis.
The Acting
Director of Finance, Director of Corporate Services and the Head of
Development Services submitted a Supplementary Report giving further
information on the community benefit and restoration elements of the proposed
Section 75 Agreement associated with the erection of 6 wind turbines, Pentland Road , Isle of Lewis.
It was agreed to recommend that:
(1)
the draft Section 75 Agreement be
agreed subject to the changes described in the Supplementary Report and to
independent verification of the level of the bond and that it be delegated to
the Director of Corporate Services to make such further amendments to the
Section 75 Agreement as she may determine;
(2)
prior to the issue of planning
permission for 6 wind turbines, Pentland Road, Isle of Lewis, a similar
Agreement be concluded in respect of restoration following the development of
wind turbines at Arnish Moor, Isle of Lewis, to the satisfaction of the Head
of Development Services, in consultation with the Director of Corporate
Services and the Acting Director of Finance; and
(3)
the conditions detailed at Appendix 2
of the Report be approved, on the basis that it be delegated to Head of
Development Services to make such further amendments to the conditions as he
may determine.
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CONSUMER
PROTECTION
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Restricting the Sale of Fireworks From Shops
CH04.11
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The Director
for Sustainable Communities submitted a Report outlining options in relation
to the restriction on the sale of fireworks from shop premises in the Western
Isles. The Report identified the following three options namely:
Option 1 seeking an exemption from the
Fireworks Act/Regulations;
Option 2 making of bye-laws
aimed at introducing greater restrictions on the sale of fireworks from shops
than was currently provided for under current regulation or legislation; and
Option 3 sponsoring a private Act of
Parliament.
The Report
referred to recent reviews undertaken by the United Kingdom and Scottish
Parliaments in respect of fireworks, particularly relating to their supply,
their make-up (i.e. size etc.) and their use at anti-social hours.
It was agreed to recommend that the
Report be noted and that no further action be taken on this matter at the
present time.
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Delivery Surcharges on Consumer Goods
CH02.04
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The Director
for Sustainable Communities submitted a Report giving information on research
undertaken in relation to the delivery charges levied on island consumers.
The Report indicated that following the placement of an advertisement in the
local press inviting comments on the abovementioned matter, responses had
been analysed and the following three main areas of concern identified;
(a)
misleading advertisements that did not make it
clear that additional charges would apply;
(b)
companies that charged extra for delivering to
island consumers; and
(c)
companies that restricted their offers to UK mainland consumers.
The Report
emphasised that Royal Mail was required to provide a universal service for
some of its postal services to all addresses in the UK at an affordable and uniform tariff.
The Report
further intimated that unless the advertisement for goods was misleading as
to the costs of carriage the practice of companies operating a differential
pricing policy was not illegal. The Report stated that the following options
could be pursued:
(1)
Trading Standards and other regulatory bodies
could take the appropriate legal action against companies that produced
misleading advertisements;
(2)
initial approaches had been made to the Office
of Fair Trading to persuade them to conduct an appropriate market study;
(3)
Trading Standards could make representations
to the companies involved with a view to persuading them that spreading the
total delivery costs across all their customers irrespective of the location
in the UK would not significantly impact on the unit price of their goods;
and
(4)
Officers of the Comhairle could continue to
liaise with colleagues in other Island Authorities to determine if a
co-ordinated approach would have more impact on both the Office of Fair
Trading and the companies involved.
It was agreed to recommend that:
(1)
the Director for Sustainable
Communities continue with the actions outlined in paragraph 6.2-6.5 of the
Report and
(2)
a progress Report be brought before the
Committee in September 2005.
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Presentation by Earth Tech Engineering Ltd.
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The Chairman
welcomed Mr Tony Lewis and Mr Stewart Samson, Earth Tech Engineering Ltd., to
the meeting and invited them to address the Committee in relation to the
Waste Strategy Implementation Plan.
An opportunity
was afforded to Members to ask questions of Mr Lewis and Mr Samson.
The Chairman
thanked Mr Lewis and Mr Samson for their presentations.
The Committee noted the presentation
by Earth Tech Engineering Ltd.
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WASTE
MANAGEMENT
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Bennadrove Landfill Site Upgrade
CH03.08.05
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25
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The Director
for Sustainable Communities submitted a Report seeking approval for the
project to upgrade the Bennadrove Landfill Site. It was stated in the Report
that following changes in Legislation Bennadrove Landfill Site would not meet
the future standards set out in the European Unit Landfill Directive and
required to be re-engineered to meet the new standards in order to continue
to accept waste. It was further intimated in the Report that the works
required at the site included additional lining of the tipping cell,
upgrading of leachate treatment works, new pumping arrangements, vehicle
wheel wash, gas management measures and the upgrade of various process
areas. The Report stated that the estimated total costs of works involved
was £1.05 million over three years. The Report emphasised that the
Comhairle’s Waste Strategy Implementation Plan had highlighted that the
Bennadrove Landfill Site was an integral part of the future of Waste
Management infrastructure in the Western Isles and that without it the whole
Strategy would not succeed.
It was agreed to recommend, insofar as
the Committee’s interests were concerned, that the Comhairle approve the
project to upgrade the Bennadrove Landfill Site for inclusion in the Capital
Programme in line with the Project Evaluation Report at Appendix 1 to the
Report.
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Closure and Restoration of Rueval Landfill Site
CH03.08
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26
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The Director for Sustainable
Communities submitted a Report seeking approval for the project to close and
restore the Rueval landfill site. The Report stated that as a result of
changes in legislation following from the European Landfill Directive the
Rueval Landfill Site could not meet the future standards required and could
not be re-engineered to meet these new standards. It was intimated in the
Report that a closure notice had been issued by the Scottish Environmental
Protection Agency to the Comhairle to close the site and restore it by 2007.
The Report gave information on the range of works, which it was proposed to
undertake at the site to close and restore it by the required date.
It was agreed to recommend, insofar
as the Committee’s interests were concerned, that the Comhairle approve the
project to close and restore the Rueval Landfill Site for inclusion in the
Capital Programme in line with the Project Evaluation Report at Appendix 1 to
the Report.
It was agreed that the public,
including the press, be excluded from the meeting during consideration of the
following item on the grounds that exempt information as defined in Paragraph
6 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended would
be disclosed, namely, information relating to the financial or business
affairs of any particular person, other than the Comhairle.
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Pollution Prevention and Control (PPC) Permit
Application for Bennadrove Landfill Site
CH03.08.05
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27
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The Director
for Sustainable Communities submitted a Report concerning the engagements of
consultants for the preparation and submission of a Pollution Prevention and
Control (PPC) Permit application for the Bennadrove Landfill Site.
It was agreed to recommend, insofar as
the Committee’s interests were concerned, that the Comhairle, having had
regard to the Tender Report, as detailed in the Report, agree to appoint SLR
Consulting Ltd., to prepare and submit the PPC Permit Application for the
Bennadrove Landfill Site.
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PROTECTIVE
SERVICES
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Changes to Health and Safety Enforcement
CH03.10
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28
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The Director for
Sustainable Communities submitted a Report seeking approval for changes
proposed in relation to the discharge of duties in respect of the enforcement
of Health and Safety at Work Legislation. It was intimated in the Report
that the Health and Safety Commission had issued guidance on how local
authorities should carry out their Health and Safety enforcement duties and
that the Commission’s approach had been based on the Hampton Report entitled
“Reducing Administrative Burdens: Effective Inspection and Enforcement”. The
Report concluded that in order to comply with the guidance from the Health
and Safety Commission it was necessary for the Comhairle to adapt and change
its working practices and that it was proposed that the changes to be
introduced would be aimed at maximising the impact of resources available
with the intention of providing more targeted information to employers
resulting in greater protection to workers in the Western Isles.
It was agreed to recommend that the
Comhairle approve the changes in the Health and Safety Enforcement Practices
and Procedures in accordance with the amended guidance from the Health and
Safety Commission and that the Comhairle approve the tabled Service Plan for
2005/06.
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Food Safety Enforcement Plan
CH03.01.29
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29
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The Director
for Sustainable Communities submitted a Report seeking approval of the Food
Safety Enforcement Service Plan for 2005/06. The Report stated that the
Comhairle was required to develop a Food Safety Enforcement Service Plan in
accordance with the Food Standards Agency Framework Agreement on Local
Authority Food Law enforcement and that the current Food Safety Enforcement
Plan for 2004/05 had been revised for 2005/06. It was stated in the Report
that the revisions to the Plan took into account the new Food Standards
Agency guidance including modified risk assessment schemes for the inspection
of premises and other changes to food enforcement and the introduction of a
new code of practice.
It was
agreed to recommend that the Food Safety Enforcement Plan for 2005/2006,
tabled at the Meeting, be approved.
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PERFORMANCE
MONITORING
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Reports Outstanding Progress:
PR33.01.12
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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.
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ADDITIONAL ITEMS
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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 the following 2 items be considered as a matter of urgency in
order to allow the Committee to take a view on the matter.
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Erect
House at 3 Broker, Point Isle of Lewis
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31
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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 3 Broker, Point, 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 3 Broker, Point, Isle of Lewis
subject to the conditions shown in Appendix 1 of the Report.
It was agreed that the public, including the
press, be excluded from the meeting during consideration of the following
item on the grounds that exempt information as defined in Paragraph 8 of
Schedule 7A of the Local Government (Scotland) Act 1973, as amended, would be
disclosed, namely, information relating to the amount of any expenditure
proposed to be incurred by the Comhairle under any particular contract for
the acquisition of property or the supply of goods or services.
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Acquisition
of Two 6x4 Refuse Collection Vehicles
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32
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The Director
for Sustainable Communities submitted a Report concerning acquisition of two
6x4 Refuse Collection Vehicles. It was stated in the Report that the
vehicles were required to implement separated waste collection by February
2006.
It was
agreed to recommend, insofar as the Committee’s interests were concerned, that
the Comhairle:
(1)
approve the purchase of two 6x4 split
body refuse collection vehicles during the financial year 2005/ 2006;
(2)
accept the list of Approved Suppliers
detailed in Appendix 1 to the Report;
(3)
agree to invite Approved Suppliers to
submit fixed price quotations for the vehicles; and
(4)
agree to proceed with the acquisition
of the first vehicle, as soon as practicable and the second vehicle before
November 2005.
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Community Initiated Projects
AL03.01.11
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33
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The Director
for Sustainable Communities submitted a Report recommending the allocation of
grant funding under the Comhairle’s Community Initiated Projects Scheme.
The Report
stated that an application had been received from Back Football and
Recreation Club for £20,000 towards the upgrading and development costs of
Back Community Centre and its environs. The Report stated that the project
fitted well with the aims of the Community Initiated Projects Scheme which
sought to impact upon social and geographical exclusion and provision of social
and recreational facilities by enhancing community infrastructure and local
resources. The financial package was detailed in the Report.
It was
agreed to recommend that the Comhairle approve funding of £20,000 to Back
Football and Recreation Club from the Community Initiated Project Scheme
subject to evidence of all necessary match funding being confirmed.
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