COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 22 April 2004 at 9.00am

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

		MINUTES
Minutes of Meeting of 4 February 2004	1	The Minute of Meeting of 4 February 2004 was approved.
Minute of Meeting of 11 February 2004	2	The Minute of Meeting of 11 February 2004 was approved.
Minute of Meeting of 24 March 2004	3	The Minute of Meeting of 24 March 2004 was approved.
Minute of Meeting of Civic Government Licensing Panel of 12 March 2004 CH04	4	The Minute of Meeting of the Civic Government Licensing Panel of 12 March 2004 was noted.
		CONSTITUTION
Public Entertainment Licences:  Amendment to the Scheme of Delegation CH04.13	5	With the reference to Item 1 of the Minute Of Meeting of the Civic Government Licensing Panel of 12 March 2004 the Director of Corporate Services submitted a Report inviting members to consider an amendment to the Scheme of Delegation, which would allow the Director of Corporate Services to determine applications for Public Entertainment Licences, following consultation with the Chairman of the Civic Government Licensing Panel, if the applications were not contentious, sensitive or complex.  It was stated in the Report that the result of the proposed amendment to the Scheme of Delegation would mean that community groups who applied for a Licence, having allowed a previous licence to lapse, would have their applications dealt with in a fairly short period of time and certainly more quickly than would be the case if meetings of the Civic Government Licensing Panel had to be arranged to consider the application.  It was emphasised in the Report that it was not the intention to restrict the role of the Civic Government Licensing Panel in determining those applications which where contentious and sensitive
		It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Scheme of Delegation be amended to permit the Director of Corporate Services to determine applications for licences in terms of the Civic Government (Scotland) Act 1982 (other then taxi and private hire car licences) and the determination of the conditions to be attached to particular licences, following consultation with the Chairman of the Civic Government Licensing Panel, in those cases where the application was not contentious, sensitive or complex.
		PRESENTATION
Foot and Mouth Disease – National Exercise CH03.01	6	The Director for Sustainable Communities submitted a Report indicating that representatives of the State Veterinary Service had been invited to give a presentation in connection with the national exercise to be undertaken in June 2004 to test the effectiveness of contingency arrangements for an outbreak of foot and mouth disease. The Chairman invited Mr  Alastair MacNab to give a presentation. An opportunity was afforded to members to ask questions of Mr MacNab The Chairman thanked Mr MacNab for his presentation. It was agreed to recommend that the Report be noted.
		FINANCE
Stornoway Town Scheme and Ports of Entry Enhancement Scheme of Administration and Project Evaluation Report CH01.01	7	The Director for Sustainable Communities submitted a Report appending: (1) A Draft Scheme of Administration for Ports of Entry and Enhancement; and (2)           Project Evaluation Report for Stornoway Town Scheme and Ports of Entry Enhancement. The Report stated that a Scheme of Administration was already in place for the Stornoway Town Scheme, which identified "eligible works" which were funded to 50% of their cost.  It was further stated that applications for grant assistance in excess of £5,000 were referred to Historic Scotland and the Comhairle, with grant applications of up to £5,000 being determined by the Director for Sustainable Communities. It was agreed to approval of: (1) the continuation of the Stornoway Town Scheme; (2) the draft Scheme of Administration for Enhancement of Ports of Entry; (3) an amendment to the Scheme of Delegation to allow the Director for Sustainable Communities to approve Ports of Entry Enhancement grant applications of up to £10,000; and (4) inclusion of the project “Stornoway Town Scheme & Ports of Entry Enhancement” in the Capital Programme 2004-2008 in line with the Project Evaluation Report at Appendix 2 of the Report.
Improving Disabled Access for the Community Scheme of Administration and Project Evaluation Report CH01.01	8	The Director for Sustainable Communities submitted a Report seeking approval for the Scheme of Administration and associated Project Evaluation Report regarding use of the Capital Programme to fund Improving Disabled Access for the Community.  It was stated in the Report that the Scheme was designed to maximise the spread of grant-aid across the Western Isles by limiting maximum Grants to £500 for commercial organisations, such as shops and restaurants and to £750 for non-commercial organisations, such as community halls or churches.  The Report stated that the relevant local Access Panel would vet applications and that their support would be required for all applications approved under delegation, which it was proposed to grant to the Director for Sustainable Communities to approve applications of up to £500 from commercial organisations and up to £750 from non-commercial organisations.  It was further intimated that if an Access Panel opposed an application it would be refused, with applicants having a right of appeal to the Comhairle, on the basis that any appeal would be referred to the Environmental Services Committee. It was agreed to recommend approval of: (1) the Scheme of Administration outlined in paragraphs 2.1 and 2.2 of this Report and at Appendix 1; (2) an amendment to the Scheme of Delegation to allow the Director for Sustainable Communities to approve grant applications of up to £500 for commercial organisations and up to £750 for non-commercial organisations; and (3) the inclusion of the project “Improving Disabled Access for The Community” in the Capital Programme 2004-9 in line with the Project Evaluation Report at Appendix 2 of the Report.
		The Vice-Chairman declared an interest in the following item and left the meeting during consideration of the matter.
ACE Option and ACE Challenge Grant Schemes – New Programme CH01.01	9	The Director for Sustainable Communities Submitted a Report concerning the continued development of the Action By The Community On Their Environment, ACE, Option and ACE Challenge Grant Schemes.  It was intimated in the Report that it would be appropriate to give consideration to amending the Schemes of Administration so as to permit the extension of the ACE Grant Scheme to allow applications from Stornoway Community Council Area.  The Report emphasised that ACE Grants had helped fund a wide range of projects including Village Entrance / Gateway Schemes, Play Areas, Amenity Planting Schemes, Community Gardens and the development of Community Information Points and that the excellent response from community groups indicated that the ACE Option and ACE Challenge Grants Schemes continued to enable communities to develop projects, that would provide long-term environmental and amenity improvements. In particular the Report gave background information on the level of ACE funding available in the Stornoway Community Council Area.  It was further intimated that it was proposed that future ACE Challenge Grant Funding could be used to assist roadside footpaths as this would assist Community Safety. It was agreed to recommend: (1) approval of the proposed change in the ACE Grants Scheme of Administration as set out in Appendices 1 and 2 of the Report; (2) approval of the extension of the ACE Grants Scheme to include roadside footpaths where there are no revenue cost implications, a clear community safety outcome and an environmental improvement; (3) that authority be delegated to the Director for Sustainable Communities to allow the intervention rate for ACE Challenge Grants to be increased if necessary to allow the project to proceed;
		(4) approval of the ACE Challenge Grant applications as detailed in para 7.2 ; (5) approval of the inclusion of the ACE project funding in the Capital Programme 2004/8 as set out in the project evaluation report at Appendix 4 of the Report; and (6) that the Director for Sustainable Communities be authorised to include, “Tong” as a Community Area at Appendix 3 of the Report.
		CORPORATE STRATEGY
Corporate Strategy 2001-3 Outstanding Key Tasks PR11.40	10	The Chief Executive submitted a Report seeking approval of the recommendations relating to the outstanding Key Tasks included in the Corporate Strategy 2001 – 2003.  The Report referred to the recommendation of the Audit and Scrutiny Committee that all service Committees should determine the future of those aims and tasks which were still outstanding using the following criteria; (1) the Key Aim was not one with a definite conclusion and was therefore superseded by the Corporate Strategy 2003 – 2007; (2) the Key Aim should be added to the list of Key Tasks for inclusion in Departmental Business Plans and subsequent Monitoring Reports; and (3)           the Key Aim was not one which the Committee now wished to pursue and should be deleted. It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Appendices containing recommendations on the future of those outstanding Key Aims be approved.
		PLANNING APPLICATIONS
		The Chairman and Mr Norman L Macdonald declared an interest in the following item and left the meeting during consideration of the matter.
Petrol Filling Station and Shop and Use of 64-68 Bayhead as Office/Store, Bayhead, Stornoway DS21.01	11	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the development of a new petrol filling Station and shop and the change of use of an existing building to office and store at the junction of Bayhead and Matheson Road, Stornoway, Isle of Lewis The Report gave background information, commented on the application and indicated that representations had been received. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the development of a new petrol filling station and shop and change of use of an existing building to office and store at the junction of Bayhead and Matheson Road, Stornoway, Isle of Lewis, subject to conditions to be determined by the Director for Sustainable Communities.
		The Chairman and Mr Norman L Macdonald declared an interest in the following item and left the meeting during consideration of the matter.
Demolition of Derelict Ancillary Building (Listed Buildings Retained) Construction of 18 Flats, 5 Offices, and 3 Retail Units at and to rear of Lewis Hotel, North Beach, Stornoway DS21.01	12	The Director for Sustainable Communities submitted a Report concerning an application for planning permission and listed building consent for the demolition of Derelict Ancillary Buildings (Listed Buildings Retained) and the Construction of 18 Flats, 5 Offices and 3 Retail Units at the former Lewis Hotel, North Beach Stornoway Isle of Lewis. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for demolition of derelict ancillary buildings (listing buildings retained) construction of 18 flats, 5 offices and 3 retail units at the former Lewis Hotel site, North Beach, Stornoway, Isle of Lewis subject to conditions to be determined by the Director for Sustainable Communities and that Historic Scotland be advised of the intention of the Comhairle to grant listing building consent.
Extend Car Park, Church of Scotland, Clachan, North Uist DS21.01	13	The Director of Corporate Services, following consultation with the Chairman, withdrew this item.
		Mr Angus Macdonald declared an interest in the following item and left the meeting during consideration of the matter.
Use of Land for Car Sales at Liniclate, Benbecula DS21.01	14	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for use of land for car sales at Kia-ora, Benbecula.  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 use of land for car sales at Kia-ora, Benbecula, subject to the conditions detailed at Appendix 1 of the Report.
Erect 50m High Meteorological Masts at Criribheinn, Easaval and Cruachan, South Uist DS21.01	15	The Director for Sustainable Communities Submitted a Report concerning an application for planning permission for temporary consent for the erection of a 50 metre high meteorological mast at Criribheinn, Easabhal and Cruachan, South Uist.  The Report gave background information commented on the application and indicated that representations had been received. It was agreed to recommend deferral of consideration of this matter.
Remove Condition Requiring Demolition of Shed at New Co-op Store, Daliburgh, South Uist DS21.01	16	The Director for Sustainable Communities Submitted the Report concerning an application for planning permission for the removal of condition 10 from shop refurbishment and extension application reference 03/00041.  The Report gave background information and commented on the application. It was agreed to recommend that the Director for Sustainable Communities be authorised to refuse planning permission for removal of Condition 10 from shop refurbishment and extension application reference 03/00041 for the reasons shown at Appendix 1 of the Report.

		DEVELOPMENT CONTROL
Planning Applications and New Road Construction DS21.01	17	The Director of Technical Service submitted a Report concerning the development of policies to maintain a consistent approach to dealing with road related issues with new planning applications.  It was intimated in the Report that planning applications received by the Comhairle, particularly those for new houses or developments, were not currently subject to general planning conditions in relation to roads and/or footpaths. The Report further stated that the majority of current planning applications received for new houses did not include any provision for improvements to the road or footways and that houses served from inappropriate accesses, including all tracks and peat roads, did give rise to house owners subsequently seeking improvements through the Capital or Revenue Budgets. The Report gave details of the current policies of a number of other Scottish Local Authorities in relation to new housing construction and also indicated whether any financial resources were allocated to the upgrading of roads not on the List of Public Roads, that is unadopted/private roads. It was recommended in the Report that the Comhairle should consider the need for  policies in relation to new developments: (1) that when three or more houses were served by an access and then a requirement for the road to be made up to adoptable standards would normally be added as a planning conditions; and (2)           where developments were proposed on existing roads then all new development should have appropriate access, including footways as part of the conditions for development. It was agreed to recommend deferral of consideration of this matter and that the Director of Technical Services be requested to submit a more detailed Report to the June meeting of the Committee, on the basis that this Report would include information on that standards for adoptable roads and the types of footpaths which developers may be required to provide.
Muaitheabhal (Eisgein) Windfarm Scoping Opinion DS21.01	18	The Director for Sustainable Communities submitted a Report concerning a request from the Scottish Executive for views on an application by Beinn Mhor Power for a Scoping Opinion.  It was intimated in the Report that Benin Mhor Power proposed to develop a windfarm on the Eisgein Estate, Lochs, Isle of Lewis, with the proposed scheme involving the installation of up 125 wind turbines of approximately 3 megawatts (MW) output each; the construction of ancillary development including transformers; access tracks, control buildings etc; and temporary construction compounds and borrow pits.  The Report stated that as the output total would be above 50 MW the proposal had to be determined, in terms of the 1986 Energy Act, by the Scottish Ministers and that given the size of the proposed windfarm, any application to the Scottish Ministers had to be accompanied by an Environmental Impact Assessment.  It was further intimated that the relevant Environmental Impact Assessment Regulations allowed an applicant to seek a Scoping Opinion.  The Report further explained that the applicant would submit an outline of what would be covered in the Environmental Impact Assessment and that the Scoping Opinion would then inform the applicant whether there were any omissions or matters that needed to be addressed differently.  Appended to the Report was a copy of the outline contents page of Muaitheabhal Wind Farm Environmental Statement, together with the terms of the Scottish Executive's request for the views of the Comhairle. It was agreed that the views expressed in sections 5 to 11 of this Report be submitted to the Scottish Executive as the Comhairle's views on the request for scoping opinion on the development by Beinn Mhor Power and that the Director for Sustainable Communities be instructed to advise the Scottish Executive that the Comhairle would wish to see “socio-economic factors” and the potential impact of the proposed jetty at Loch Seaforth be included in the Environmental Assessment.
History of Quarrying Proposals at Lingerbay DS21.19.02	19	The Director for Sustainable Communities submitted a Report outlining the planning history of quarrying proposals at Lingerbay, Isle of Harris.  The Report referred to the announcement by Lafarge Ltd on 2 April 2004 that it was withdrawing from the proposed coastal quarry at Lingerbay, Isle of Harris It was agreed to recommend that the Report be noted.
		ENVIRONMENTAL SERVICES
Sheep Scab CH03.03	20	The Director for Sustainable Communities Submitted a Report concerning progress made on the control and eradication of sheep scab within the Western Isles.  The Report referred to the decision of the Comhairle to establish a dedicated Animal Health service and that the first priority of the service should be the control of Sheep Scab, principally through co-ordinated dipping.  The Report gave background information in connection with Government Policy on Sheep Scab between 1972 and 1992 and indicated that in 1992 the Government had concluded that the eradication campaign had failed and that control measures were prohibitively expensive to Enforcement Agencies.  The Report referred to the Sheep Scab Order 1997 which had given primary responsibility for controlling sheep scab to the owner or keeper of sheep, with Local Authorities being given wide powers designed to target those few farmers who had failed in their responsibility to treat their sheep.  The Report gave further details of the treatment strategy adopted in the Western Isles and emphasised that to be effective any strategy had to be based on a co-ordinated approach, which required the co-operation of Grazings Committees, the Crofters Commission, Local Vets, SEERAD and the Scottish Agricultural College.  The Report concluded that there had been significant decrease in the number of flocks affected by sheep scab in the Western Isles during the period from 2000 to 2003 and that enforcement action had proved to be effective in a number of cases, with a total of 24 notices under that the Sheep Scab Order 1997 having been issued. It was agreed to recommend that the Report be noted.
		POLICY
Licensing of Dog Breeders and Sellers CH03.03	21	The Director for Sustainable Communities Submitted a Report concerning a proposal to amend the Scheme of Delegation in respect of the licensing of Dog Breeding Establishments under that the Breeding of Dogs Act 1973. The Report indicated that the Breeding of Dogs Act 1973 empowered the Comhairle to issue a license under the conditions stipulated in the Act.  The Report concluded that it would be appropriate to amend the Scheme of Delegation to allow applications for a license to breed dogs to be determined as quickly as possible and further intimated that all premises used for the breeding of dogs had to be inspected by an officer of the Comhairle and a vet. It was agreed: (1) the Scheme of Delegation be amended to permit the Director for Sustainable Communities to determine licence applications under the Breeding Dogs Act 1973, amend conditions attached to licences and increase licence fees annually in line with inflation; (2) the initial fee for a licence be £64; and (3) the licence conditions be as detailed in Appendix 1 to this Report.
Food Safety Enforcement Plan CH03.01.29	22	The Director for Sustainable Communities a Report seeking approval for the Food Safety Enforcement Service Plan for 2004-2005. It was agreed to recommend approval of the Food Safety Enforcement Service Plan for 2004-2005, tabled at the meeting. Arising out consideration of this matter it was agreed to recommend that: (1) the Director for Sustainable Communities be requested to include any available information on the quality of the water supply in Ness in the Information Bulletin; and (2) the Director for Sustainable Communities be requested to submit a Report on ‘GM crops’.
		COAST PROTECTION
Coastal Erosion at Lionacleit DS60.01	23	With reference to Item 10 of the Minute of Meeting of the Education and Children’s Committee of 21 April 2004 the Director of Technical Services submitted a Report, which gave an update on the extent of coastal erosion along the coastline south and east of Lionacleit School. It was agreed to recommend that the Report be noted, insofar as the Committee’s interests were concerned.
		PERFORMANCE REVIEW
Reports Outstanding – Progress PR33.01.01	24	The Director of Corporate Services submitted a Report detailing Reports outstanding following decisions of the Committee. It was agreed to recommend that the Report be noted. It was further agreed to recommend that: (1) the Director for Sustainable Communities be requested to submit a Report concerning the practice of “special offers” being introduced, excluding Scottish Islands;and (2) the Report concerning litter bins be removed from the Reports Outstanding: Progress, together with all Reports referring to “Lingerbay”.
		ADDITIONAL ITEMS
		The Chairman ruled that in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973 the following two items be considered as a matter of urgency in order to allow the Committee to take a view on these matters prior to its next meeting.
Erect Housing and Garage with Ancillary Accommodation DS21.01	25	The Director for Sustainable Communities submitted a Report concerning an application for a planning permission for the construction of a house at Laxdale, Isle of Lewis by Mr John Cunningham, Policy Development Officer, and a relative of the Convener and the Head of Policy Management in the Department for Sustainable Communities.  The Report indicated that the proposals were in conformity with planning legislation and had not been the subject of any objection and would otherwise have been approved in terms of the Scheme of Delegation. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a house and garage with ancillary accommodation at Laxdale, Isle of Lewis.
		Mr Alastair Banks, Head of Development Services, left the meeting during consideration of the following matter.
For Sale Sign at Carinish, North Uist DS21.01	26	The Director for Sustainable Communities Submitted in Report concerning an application for Advertisement Consent from Mr Alastair Banks, Head of Development Services in the Department for Sustainable Communities for the display of a standard "For Sale" sign at the junction of the A865 and the Carinish Township Road. The Report indicated that the proposals were in conformity with planning legislation and had not been the subject of any objection and would otherwise have been approved in terms of the Scheme of Delegation. It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for advertisement consent for the display of and estate agent standard ‘for sale’ sign at the junction of the A865 on the Carinish township road.
Private Slaughter of Livestock DS40.02	27	The Director for Sustainable Communities Submitted a Report appending revised guidance issued by the Food Standards Agency Scotland concerning the private Slaughter of livestock.  The Report stated that the Comhairle, in 2002, had obtained Counsel's Opinion, which confirmed that the private Slaughter of cattle, sheep and goats for human consumption was unlawful.  It was further intimated that the Food Standards Agency Scotland had later issued advice which concurred with Counsel's opinion, but that the Agency had now issued revised guidance, which stated that it may now be lawful for a farmer to slaughter on farm for his/her own consumption, or that of his/her immediate family living in the same household.  The Report intimated that Officers of the Comhairle were considering the revised guidance from the Food Standards Agency Scotland. It was agreed to recommend that the Report be noted. It was further agreed to recommend that the Food Standards Agency be invited to give a presentation preferably at the next meeting of the Committee. It was agreed to recommend that the Director for Sustainable Communities be requested to submit a further Report on this matter, which would include details of the legislative position concerning the private slaughter of livestock. It was also noted that a Report on proposed charges at Stornoway Abattoir would be submitted to the Committee.
Possible Radioactive Contamination of MOD Land CH03.06	28	The Director for Sustainable Communities submitted a Report inviting the Committee to consider whether any action should be taken in respect of recent reports of possible radioactive contamination of the Rocket Range, South Uist. It was intimated that a Ministry of Defence report had revealed that there might have been radioactive contamination at the former missile firing range on South Uist and that this contamination may have involved Cobalt 60.  The Report stated that enforcement responsibility in respect of radioactive contamination lay with the Scottish Environment Protection Agency,SEPA, whilst the Comhairle retained a locus in respect of general contaminated land issues for other contaminants.  It was further intimated that the likely level of contamination, if any, would only be determined by an environmental survey. It was agreed to recommend that the Ministry of Defence be requested to undertake an environmental audit of land at the Rocket Range in South Uist and that SEPA be also requested to undertake a study at the Rocket Range in South Uist, to establish the amount of any possible radioactive contamination. It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a further Report on the possible radioactive contamination of MOD land, at the Rocket Range in South Uist.