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COMHAIRLE NAN EILEAN SIAR ENVIRONMENTAL SERVICES COMMITTEE |
Minute of Meeting held in the Council Offices, Stornoway, on Thursday 17 June 2004 at 9.00am.
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PRESENT |
Mr Angus Nicolson (Chairman) |
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Mr Ian M Macleod (Vice-Chairman) |
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Mr George Lonie |
Mr Donald Maclean |
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Mr Norman L Macdonald |
Mr Martin C Taylor |
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Mr Keith Dodson |
Mr Peter Carlin |
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Mr Angus Campbell |
Mr Ronald J Mackinnon |
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Mr Angus McCormack |
Mr Angus Macdonald |
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APOLOGIES |
Mr Alex A MacDonald |
Mrs Morag Munro |
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POLICY
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‘Third Party Rights of Appeal’: Scottish Executive Consultation Paper DS21.01
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4 |
The Director for Sustainable Communities submitted a Report apprising Members of the consultation undertaken by the Scottish Executive concerning ‘Third Party Rights of Appeal’. It was intimated in the Report that the consultation recognised that there was a difficult balance to be struck between the rights of those who could feel aggrieved at a decision to approve a development and on the other hand, the need to ensure that the planning system did not impede economic and community development, or the rights of any party to expect a timeous decision, on their application to develop. The Report stated that the Convention of Scottish Local Authorities and those professional organisations, with an interest in the planning process, had expressed concern that introducing rights of appeal for third parties could lead to unacceptable delays, increased costs and staffing pressures. The Report further intimated that on, on balance, it was considered that the introduction of "Third Party Rights of Appeal” would not be in the general public interest and that, by and large, the existing planning system provided sufficient checks and balances to safeguard Human Rights. The Report concluded that other options that made provision for influence and participation earlier in the decision-making process, associated with the consideration of planning applications, and which promoted rather than diluted local democracy should be given preference.
It was agreed to recommend that the comments contained in bold type together with the conclusions in the Report by the Director for Sustainable Communities, concerning “Third Party Rights of Appeal” should form the basis of the response of the Comhairle to the Scottish Executive.
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WATER AND SEWERAGE
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2004 Rural Sewerage Partnership Update DS65.01
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5 |
The Director for Sustainable Communities submitted a Report concerning the scoring system for the priority list for new rural sewerage schemes. The Report intimated that Scottish Water had agreed to provide £173,000 for the provision of first-time rural sewerage schemes and that it was also proposed to make an application to the Highlands and Islands Special Transitional Programme to increase the financial provision for such sewerage schemes. The Report further identified the need to apply a scoring matrix to the list of first-time rural sewerage schemes, previously approved by the Comhairle, on the basis that this scoring system would apply more weighting to public health and local pollution issues, than the scoring system used by the Scottish Environment Protection Agency.
It was agreed to recommend that:
(1) the Comhairle approve the proposed scoring matrix for the First Time Rural Sewer priority list, shown at Appendix 1 of the Report;
(2) the Comhairle approve progression of the scheme at Borve, Berneray, in the 2004/2005 financial year;
(3) the Comhairle should lobby the Scottish Executive to make changes to the method of scoring for its Quality and Standards III Programme for 2006 – 2014; and
(4) that a further Report on this matter be submitted to a future meeting of the Committee.
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DEVELOPMENT CONTROL
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Pairc Windfarm ‘Scoping Opinion’ DS61.19
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6 |
The Director for Sustainable Communities submitted a Report concerning a request from the Scottish Executive for the Comhairle’s views on an application by Scottish and Southern Energy Generation Limited for a “Scoping Opinion”, in relation to proposals to develop a 250 MW wind farm at Pairc, Isle of Lewis. It was intimated that the proposed scheme would involve the installation of nominally 125 wind turbines, the construction of ancillary development including transformers, access tracks, control building etc. and temporary construction compounds and borrow pits. |
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The Report stated that the application would be determined, in terms of the 1986 Energy Act, by the Scottish Ministers and that the relevant Environmental Impact Assessment Regulations allowed an applicant to seek a ‘Scoping Opinion’. The Report further outlined the role of the ‘Scoping Opinion’, in relation to the Environmental Impact Assessment. Appended to the Report was a copy of the outline contents page of the Pairc Wind Farm Environmental Statement and the terms of the Scottish Executive's request for the views of the Comhairle.
It was agreed to recommend that the views expressed in sections 5 to 11 of the Report, concerning the Pairc Windfarm ‘Scoping Opinion’, be homologated as the Comhairle's views on the request for a ‘Scoping Opinion’ on the development by Scottish and Southern Energy Generation Limited.
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Planning Application and New Road Construction DS21.01
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With reference to item 11 of the Minute of Meeting of the Transportation \committee of 15 June 2004 and item 17 of the Minute of Meeting of 22 April 2004 the Director of Technical Service submitted a Report concerning the development of policies to maintain a consistent approach, with a view to ensuring the provision of appropriate access to new developments. The Report stated that planning applications for new housing developments were not subject to general planning conditions, in relation to the provision of roads and /or footpaths. The Report further commented on the current expectation of developers in connection with the role of the Comhairle in the funding for both the surfacing of unadopted roads and the construction of footpaths and lights. The Report summarised the current policy position of 11 other Scottish Local Authorities in relation to their definitions for adoptable roads and levels of expenditure on unadopted roads. It was stated in the Report that none of the local authorities surveyed provided a budget for unadopted roads.
It was recommended in the Report that the Comhairle give consideration to the need for policies in relation to new developments, namely:
(a) that when 3 or more houses were served by an access then a requirement for the road to be made up to adoptable standards would normally be added as a planning condition; and
(b) that were existing "roads" were to be used to access new developments appropriate access, including footways, would be included as a condition of the development.
It was agreed to recommend that consideration of the Report be deferred until the next meeting of the Committee.
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PLANNING APPLICATIONS
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Erect Two Houses at 7 Sand Street, Stornoway, Isle of Lewis DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of two houses at 7 Sand 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 planning permission for the erection of two houses at 7 Sand Street, Stornoway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.
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The Chairman and Mr Norman L Macdonald declared an interest in the following item and left the Meeting during consideration of the matter.
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Change Shop to Office (Mortgage Shop) at 19 North Beach Street, Stornoway, Isle of Lewis DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for the change of use of 19 North Beach, Stornoway, Isle of Lewis from a retail outlet to an Independent Mortgage Shop (financial). The Report gave background information and commented on the application.
It was recommended in the Report that the Director for Sustainable Communities be authorised to refuse the application for the change of use of 19 North Beach, Stornoway, Isle of Lewis from retail outlet to Independent Mortgage Shop (financial) for the reasons detailed in Appendix 1 of the Report.
It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for change of use from retail outlet to Independent Mortgage Shop (financial) at 19 North Beach, Stornoway, Isle of Lewis, on the basis that the development did not represent a departure from the Broadbay Local Plan and that the Director for Sustainable Communities be authorised to attach such conditions as he may deem appropriate.
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Two Semi-detached Houses, Bennadrove Road, Stornoway, Isle of Lewis DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of two semi-detached houses on a site fronting Bennadrove Road, Stornoway, 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 two semi-detached houses on a site fronting Bennadrove Road, Stornoway, Isle of Lewis subject to the conditions shown in Appendix 1 of the Report.
It was agreed to defer consideration of this item to allow the Committee to visit the site.
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Outline for a House Near Linshader, Isle of Lewis DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for outline planning permission for the erection of a detached house on land at Cnoc Fada Breidhe, opposite Loch na Muilne, on the Linshader Township Road, Isle of Lewis. The Report gave background information, commented on the application and indicated that the proposals were not in accordance with the Development Plan.
It was agreed to recommend that the Director for Sustainable Communities be authorised to refuse planning permission for outline planning permission for the erection of a detached house on land at Cnoc Fada Breidhe, opposite Loch na Muilne, on the Linshader Township Road, Isle of Lewis, for the reasons shown in Appendix 1 of the Report.
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Extend Car Park, Church of Scotland, Clachan, North Uist DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the extension of the car park, at the Church of Scotand, Clachan, North Uist. The Report gave background information, commented on the application and indicated that as the Head of Development Services was on the Congregational Board 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 extension of the car park, Church of Scotland, Clachan, North Uist, subject to the conditions shown in Appendix 1 of the Report.
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Erect House at Bornish, South Uist DS21.01 |
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a dwelling house at Bornish, South Uist. The Report gave background information, commented on the application and indicated that representations had been received. |
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It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a dwelling house at Bornish, South Uist, subject to the conditions shown in Appendix 1 of the Report.
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Erect 50 metre High Meteorological Mast at Criribheinn, Easaval and Cruachan, South Uist DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of three 50m high meteorological masts to measure wind speed for a potential wind farm development at Criribheinn, Easaval 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 that the Director for Sustainable Communities be authorised to grant planning permission for the erection of 3 50 metre high masts at Criribheinn, Easaval and Cruachan, South Uist, subject to the conditions shown in Appendix 1 of the Report.
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ENVIRONMENTAL SERVICES
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Private Slaughter of Livestock DS40.02
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The Director for Sustainable Communities submitted a Report concerning revised guidance issued by the Food Standards Agency, Scotland and legislative changes regarding the private slaughter of livestock. It was intimated in the Report that the Food Standards Agency had declined to accept an invitation to give a presentation to the Committee, in relation to the private slaughter of livestock, on the basis that all relevant information was included in guidance issued by Agency. It was stated in the Report that the latest guidance, issued by the Agency, stated that the changes in the European regulations controlling transmissible spongiform encephalopathies might now allow the private slaughter of livestock, outwith the licensed premises, in certain limited circumstances. The Report emphasised that the guidance issued by the Agency should not be taken as an authoritative statement or interpretation of the law as this was a matter for the Courts. The Report also gave information on the proposed charges for the Stornoway Abattoir.
It was agreed to recommend:
(1) that the Report be noted;
(2) that the Killing Charges detailed in the Report, at Appendix 2 be approved; and
(3) the Director for Sustainable Communities be authorised to seek a derogation to allow the Comhairle to subsidise slaughterhouses throughout the Western Isles.
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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 Paragraphs 6 8 and 9 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, 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 and information relating to any terms proposed or to be proposed by or to the Comhairle in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.
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Perceval Square Public Convenience Cleaning Contract Renewal CH03.07
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The Director for Sustainable Communities submitted a Report concerning the cleaning of the Perceval Square Public Convenience, Stornoway. It was intimated in the Report that it would be appropriate to review the opening times for the Perceval Square Public Conveniences, Stornoway.
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It was agreed to recommend that the Comhairle accept the contract for the cleaning of the Perceval Square Public Convenience from Vacman Services Ltd, on the basis of the provision of a 7-Day service, with opening hours of 10.00 a.m. to 5:30 p.m., including Friday and Saturday evening opening until 9.30 p.m. during the summer months, with a review of opening times after six months.
It was further agreed to recommend that a notice be displayed on the Bayhead Public Convenience giving information on the opening hours of the Perceval Square Public Convenience.
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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 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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Waste Management Acquisition of 6 x 4 Kerb Side Recycling Vehicle CB0012
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The Director for Sustainable Communities Submitted a Report concerning the proposed purchase of a 6x4 multi-compartment vehicle, fitted with lifting equipment to facilitate kerbside sorted domestic and commercial refuse collection in the Stornoway Area. The Report gave information on the funding made available by the Scottish Executive to support the element of the ‘Integrated Waste Management System Bid’, which concerned "Kerbside Sort Collection".
It was agreed to recommend, insofar as the Committee's interests were concerned, that:
(1) the Comhairle approve the purchase of one 6 x 4 toploader, four compartment recycling vehicle for delivery as soon as practicable;
(2) the Comhairle agree to invite fixed price tenders from Terberg Matic UK Ltd. in Warrington and Logan Inglis Ltd in Glasgow for the supply of this equipment fitted on a low entry 6 x 4 chassis/cab configuration as supplied by Man ERF in Glasgow and Dennis Eagle in Falkirk.
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CONSUMER PROTECTION
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Fireworks Consultation CH04.12
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The Director for Sustainable Communities Submitted a Report concerning the joint consultation document issued by the Scottish Executive and the Department for Trade and Industry containing draft regulations aimed at tackling the anti-social use of fireworks. A summary of the proposals included in the joint consultation document was appended to the Report.
It was agreed to recommend that it be delegated to the Director for Sustainable Communities, in consultation with the Chairman, to respond to the Scottish Executive’s consultation paper on the Fireworks Regulations 2004, taking account of the views expressed by the Committee and on the basis that the Comhairle would wish to see a Pilot Project introduced in the Western Isles, whereby only licensed local community groups would be allowed to use fireworks during periods to be specified by the Comhairle.
It was further agreed to recommend that the Comhairle’s response be sent to the Scottish Accident Prevention Council.
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RELATED MATTERS
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Genetically Modified Crops DS40.02
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The Director for Sustainable Communities submitted a Report giving information on the current legislative position associated with the use of genetically modified crops. It was intimated in the Report that, at the present time, there were no genetically modified organisms licensed for release for marketing purposes in Scotland, but that there was consent for the release of genetically modified organisms for research and development purposes. The Report referred to the farm scale evaluations being undertaken using genetically modified crops, in particular beet and spring rape.
The Report stated that Highland Council had recently joined the European Union network of Genetically Modified (GM) free Regions and intimated that Highland Council had asked the Comhairle to support their view to make the Highlands and Islands a "GM-crop free Region’.
It was recommended in the Report that the Comhairle give consideration as to whether it wished to support Highland Council's view that the Highlands and Islands Area should be a “GM-crop free Region”.
It was agreed to recommend that the Comhairle:
(1) note the Report; and
(2) support Highland Council’s view that the Highlands and Islands area should be a “GM-crop free Region”.
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Presentation by Richard Durham, Chairman of the Land and Environment Committee, Highland Council
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The Chairman invited Mr Richard Durham, Chairman of the Land and Environment Committee, Highland Council to give a presentation to the Committee on Highland Council's policy in relation to GM crops.
An opportunity was afforded to Members to ask questions of Mr Durham.
The Chairman thanked Mr Durham for his presentation |
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Sponsored Student Scheme Proposal DS01
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The Director for Sustainable Committees submitted a Report outlining proposals to offer sponsorship to a student wishing to study for a degree in environmental health. Details of the proposed sponsorship scheme were outlined in the Report and it was intimated that it was proposed to offer an annual grant of £1000 and the guarantee of summer employment to any student offered a place on the scheme. The Report identified the need for a sponsorship scheme, which would encourage young people to follow degree courses in those professional disciplines where the Comhairle had experienced difficulty in recruitment.
It was agreed to recommend, insofar as the Committee’s interests were concerned that the Comhairle;
(1) agree, in principle, that the Apprenticeship & Enterprise Scheme would support University study and other non-SVQ industry approved apprenticeship/professional routes in addition to Modern Apprenticeships & SVQ Level III’s; and
(2) approve to pilot a University Sponsorship Scheme for a young person studying to become an Environmental Health Officer; and
(3) agree, in principle, to support the private sector, in partnership with Western Isles Enterprise, in providing non-SVQ industry approved apprenticeships.
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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 Paragraphs 6 and 8 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, and 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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Consumer Direct Scotland: Progress Report CH02.01.12
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The Director for Sustainable Communities submitted a Report giving information on the implementation phase of the Consumer Direct Project. The Report intimated that the set-up and operational costs, to March 2006, associated with the Project would be met in full by the Department for Trade and Industry.
It was agreed to recommend insofar as the Committee’s interest were concerned, that the Comhairle:
(1) note the current progress of the implementation of the Consumer Direct Scotland Project;
(2) note the actions taken under delegation by the Director for Sustainable Communities, as detailed in the Report; and
(3) approve the continued involvement of the Head of Health and Consumer Services, in supporting the role of Consumer Direct Champion, subject to a further Report to the next Environmental Services Committee, on the impact this will have on his other responsibilities.
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Derelict Building Removal Scheme CH03.05.06
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The Director for Sustainable Communities submitted a Report seeking approval for a Project Evaluation Report concerning the use of the Capital Programme to fund community sponsored dereliction removal, which would allow for the removal of non-residential derelict buildings. The Report highlighted the clear demand for a service, which would target derelict outhouses and other non- residential buildings and structures, which were currently having a negative effect on the visual amenity of communities throughout the Western Isles. The Report referred to the funding available under the Action by Communities on their Environment (ACE) programme for environmental improvements and intimated that the ACE Programme’s potential had been limited, as its focus was on formerly residential buildings. Details of the proposed funding for a programme aimed at the removal of non-residential derelict buildings was outlined in the Report.
It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle approve the inclusion of the project “Derelict Buildings Removal” in the Capital Programme 2004-08 in line with the Project Evaluation Report at Appendix 1, on the basis that it be delegated to the Director for Sustainable Communities to determine the administrative details for the implementation of the “Derelict Buildings Removal” Scheme.
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Windfarm Applications: Resource Implications DS61.19
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The Director for Sustainable Communities Submitted a Report identifying the resource implications arising from a range of proposals for windfarms in the Western Isles. It was stated in the Report that, notwithstanding the amount of staff time which had been and would be devoted to applications for ‘Scoping Opinions’ and applications for the development of wind farms no planning fees were currently payable to the Comhairle. The Report further referred to a statement by Mr Lewis Macdonald, Deputy Enterprise and Lifelong Learning Minister, that consideration was being given to paying fees to local planning authorities, in recognition of the work undertaken by them associated with wind farm developments in excess of 50 MW. The Report highlighted the need for additional staff resources in order to enable full and proper professional consideration and assessment of the large wind farm applications, which were likely to be submitted to the Comhairle.
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It was agreed to recommend that insofar as the Committee’s interest were concerned:
(1) the Scottish Executive be advised of the support of the Comhairle for measures to pass on fees for >50MW applications that recognised and helped to resource the levels of planning assessment work required to be undertaken by local authorities; and
(2) a Report be submitted to the next Series that recommended ways to resource full and proper professional consideration and assessment of proposed renewable energy projects in the Western Isles.
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PERFORMANCE REVIEW
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Reports Outstanding: Progress PR33.01.12
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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.
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ADDITIONAL ITEM
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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, the following item be considered as a matter of urgency in order to allow the Committee to take a view on the matter.
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Plant Storage Yard at Spring Corrie, Garynahine DS21.01
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The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the use of common grazings land at Spring Corrie, Garynahine, Isle of Lewis for the storage of plant, lorries and materials. The Report gave background information and commented on the application.
It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the use of common grazings land at Spring Corrie, Garynahine for the storage of plant, lorries and materials used in connection with the applicant’s business as a haulage contractor, subject to the conditions shown in Appendix 1 of the Report.
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