template for minutes

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on 24 August 2006 at 9.00am.

PRESENT	Mr Angus Nicolson (Chairman)
	Mr Alex A MacDonald
	Mr Norman A Macdonald	Mr Donald Maclean
	Mr Keith Dodson	Mr Martin C Taylor
	Mr Angus Campbell	Mr Peter Carlin
	Mr Donald J Macsween	Mr Ronald J Mackinnon
	Mrs Morag Munro	Mr Angus Macdonald

APOLOGIES	Mr Ian M Macleod (Vice-Chairman)	Mr Angus McCormack
	Mr George Lonie

		MINUTES
Minute of Meeting of 15 June 2006	1	The Minute of Meeting of 15 June 2006 was approved. Arising out of consideration of the Minute it was agreed that the Director for Sustainable Committees would report on the notification of the Pentland Road Windfarm Application, by the Scottish Ministers, to the next Meeting of the Committee.
Minute of Meeting of Civic Government Licensing Panel of 20 April 2006	2	The Minute of Meeting of the Civic Government Licensing Panel of 20 April 2006 was noted.
Minute of Meeting of Waste Strategy Implementation Sub-Committee of 29 June 2006	3	The Minute of Meeting of the Waste Strategy Implementation Sub-Committee of 29 June 2006 was noted.
Declaration of Interest	4	Mrs Morag Munro declared an interest in Item 19 and left the meeting during consideration of the matter. Mr Donald J Macsween declared an interest in Item 22 and left the meeting during consideration of the matter.

FINANCE

First Quarter Revenue Forecast Outturn 2006/07

PR110.05

A Report was submitted by the Director of Finance informing Members of the Comhairle's forecast revenue out-turn for 2006/07

The Report stated that at the end of 2005/06 the Comhairle was showing uncommitted balances of £4,067K, which were detailed in Appendix B to the Report. However, with budgeted deficits in the current and next financial years, forecast free balances at the end of 2007/08 would be reduced to £920K, which was significantly below the Comhairle’s target of £1,800k. It was recommended that the Directors of Social Work and Corporate Services reported back to the next series of meetings on options to bring their budgets back into balance within this financial year. Failure to achieve this would further reduce balances to £529K. A seminar, to consider the efficiency savings the Comhairle needed to make to address its budget deficit, had taken place on 29 August.

It was agreed to recommend that, in so far as the Committee’s interests were concerned, the Comhairle:

(1) note the report; and

(2) require the Director of Social Work and Corporate Services, in consultation with the Director of Finance, to report to the October series of meetings on options to bring their budgets back into balance during this financial year.

First Quarter Capital Forecast 2006/07

PR100.03

A Report was submitted by the Director of Finance to provide Members with an update on the progress of the 2006/07 Capital Programme at 30 June 2006.

The Report stated that Forecast Capital Expenditure in 2006/07 was expected to be £31.6m. This compared with £30m achieved in 2005/06. If this level of expenditure was achieved it would require the acceleration of resources from 2007/08, as it was £3.8m above available resources.

At 30 June 2006 19.46% of the forecast expenditure for the year had been achieved. The summary of expenditure was shown in Appendix 2, to the Report and the Report stated that the detail per Committee is available in the August Information Bulletin and on the Comhairle’s intranet.

It was agreed to recommend that, in so far as the Committee’s interests were concerned, the Comhairle approve the Forecast Out-turn as the Revised Approved Programme for 2006/07 and specifically approve:

(1) in the Education Capital Programme, slippage of £837k, including:

£209k in the Boiler Plant Replacement Programme

£50k in the Schools Accessibility Programme

£100k in the Water Services Improvement Programme

£53k in the Window Replacement Programme

£83k in the Toilet Improvement Programme

£67k for Energy Improvements in Sir E Scott School

£100k for Structural Improvements to Schools

£50k for Traffic Management

£60k for HORSA Replacement

£65k for Safer School Playgrounds;

(2) in the Environmental Services Capital Programme, acceleration of £22k in the ACE grant scheme;

(3) in the Transportation Capital Programme, acceleration of £263k in the Spinal Route project and £3k for Amenity lighting; slippage of £529k for work on the North Ford Causeway and £110k on Alternative Energy Projects;

(4) in the Arts and Leisure Capital Programme, slippage of £87k for work at Lews Castle and £60k for work to play areas;

(5) in the Policy and Resources Capital Programme, slippage of £61k in work to the Comhairle Offices.

ENVIRONMENTAL HEALTH

Asbestos Water Mains

CH03.01

The Director for Sustainable Communities submitted a Report intimating that Scottish Water and NHS Western Isles had agreed to give presentations to the Committee concerning the Programme proposed by Scottish Water for replacing asbestos water mains and to address concerns about health risks from such pipes.

The Chairman invited Mr Calum Mackenzie, Scottish Water, to give a presentation to the Committee.

The Chairman invited Dr Sheila Scott, NHS Western Isles, to give a presentation to the Committee.

An opportunity was afforded to Members to ask questions of Mr Mackenzie and Dr Scott.

The Chairman thanked Mr Mackenzie and Dr Scott for their presentations.

It was agreed to recommend that the presentations to the Committee by Scottish Water and NHS Western Isles be noted.

Scottish Water: Presentation on Investment Programme

The Director of Corporate Services withdrew this Item.

Private Water Supplies

CH03.01

The Director for Sustainable Communities submitted a Report intimating that new regulations relating to private water supplies had been introduced from 3 July 2006. It was intimated that the new legislation was intended to;

(1) introduce higher quality standards for private supplies to ensure the protection of public health;

(2) simplify the systems of categorising private supplies;

(3) provide the power to require improvements in supplies, particularly in commercial premises; and

(4) provide grants to relevant persons to enable domestic and commercial private supplies to be improved.

The Report stated that there were approximately forty Private Water Supplies in the Western Isles ranging from those supplying one dwelling to the largest, at Loch Portain supplying thirty properties. It was further intimated in the Report that the Scottish Executive had stated that guidance would be issued in connection with the operation of the Grant Scheme, including details of the systems to be introduced which would allow the Comhairle to reclaim expenditure.

It was agreed to recommend that the Comhairle grant delegation to the Director for Sustainable Communities to exercise the powers in the following Regulations;

(1) the Private Water Supplies (Scotland) Regulations 2006;

(2) the Private Water Supplies (Notices) (Scotland) Regulations 2006; and

(3) the Private Water Supplies (Grants) (Scotland) Regulations 2006.

It was further agreed to recommend that the Director for Sustainable Communities be requested to take such steps as he may determine to publicise that the public should not use water from wells.

Radiation Monitoring

CH03.03.04

The Director for Sustainable Communities submitted a Report concerning the results of the radiation monitoring programme for 2005/06 and for the period since 1988. It was intimated in the Report that following the “Chernobyl Accident,” in 1986, radiation monitoring undertaken in the Western Isles had been designed to provide information on the background levels of radiation in the environment of the Western Isles. It was stated in the Report that the results of the radiation monitoring showed fluctuations in levels from year to year, but that the overall levels were so small that they were more likely to be due to variations in sampling and analysis procedures, rather than changes in radiation levels in the environment. It was further intimated that the levels of radiation detected in the Western Isles were well below the Generalised Derived Limits (GDL’s) and in many cases below the limits of detection. The Report further stated that any significant issues, for example, those relating to the levels of Technetium 99 were the subject of separate Reports to the Comhairle.

It was agreed to recommend that the radiation results and the information provided by Glasgow Scientific Services be noted.

It was further agreed to recommend that the Director for Sustainable Communities be requested to submit a Report to the next meeting of the Committee on sampling undertaken by the Comhairle and other organisations.

ENVIRONMENTAL IMPROVEMENT

Allocation of Grant Funding to Clan MacQuarrie Community Centre

DS02

The Director for Sustainable Communities submitted a Report concerning an application for financial assistance from the Clan MacQuarrie Community Centre Group towards the costs involved in constructing a new multi-purpose venue which would serve the Airidhantuim Area, Isle of Lewis. Details of the project, together with estimated costs were given in the Report.

The Report concluded that the provision of a community centre designed for a modern rural community would allow a range of ages and users groups to meet and take part in activities and would assist the community to become more sustainable by adding to the infrastructure of the area and thereby making it a more attractive place to live particularly through:

(1) reducing social isolation in all age groups;

(2) enhancing physical and mental wellbeing;

(3) increasing access to training and learning opportunities; and

(4) increasing community spirit and inter-generational understanding.

It was emphasised that the project met the criteria of the Community Initiated Projects and the ACE Challenge Schemes, which sought to impact upon social and geographical exclusion through the provision of social and environmental and recreational facilities that enhanced community infrastructure and local resources.

It was agreed to recommend that, subject to production of evidence of matching funding and firm quotations that were satisfactory to the Director for Sustainable Communities and the Director of Finance, and obtaining all necessary statutory consents where appropriate;

(1) the Sustainable Development Committee approve funding of £20,000 from the Community Initiated Projects Budget; and

(2) the Environmental Services Committee approve funding of £50,000 accelerated from the ACE Challenge budget for 2007/08.

PROGRAMME AND PROGRESS

Programme and Progress

PR33.01.12

The Director of Technical Services submitted a Programme and Progress Report which gave details relating to the construction of the Tolsta Chaolais sewerage scheme.

It was agreed to recommend that the Report be noted.

FLOODING AND COASTAL ZONE MANAGEMENT

Storm Damage Response Programme - Coastal Zone Issues

DS60

The Director of Technical Services submitted a Report giving information in relation to the coastal zone aspects of the post - January 2005 storm repair and betterment programme.

It was intimated in the Report that:

(1) a formal decision was awaited from the Scottish Executive on the undernoted six schemes submitted for part funding via the Coast Protection Act 1949, namely :

Balivanich – rock armour structure; length 350m;

Craigston – composite rock armour, seawall and anti - erosion mattress;

Gualan Island – beach management;

Ludaig Road – rock armour structures to five locations, total length – 1,150m

Pol na Crann – beach management; and

Stoneybridge – rock barrier structure.

(2) the Comhairle had supported a pilot dune management project in conjunction with Barra and Vatersay Community Ltd, which related to the construction of sand blow fencing at Vatersay and at Eoligarry, Barra;

(3) four coastal zone management initiatives, which formed part of the Comhairle’s original storm damage submission to the Scottish Executive and at present remained without funding, the initiatives related to:

(a) Follow - up of the HR Wallingford Report;

(b) Additional Remote Sensing of ‘Soft Coasts’ ;

(d) Impact Studies – Existing Fixed Links.

(4) the Comhairle, working in conjunction with the Scottish Environment Protection Agency, was helping to instigate a coastal flood warning system.

It was agreed to recommend that the Comhairle note the progress of the coastal zone aspects of the post January 2005 storm repair and betterment programme.

Outer Hebrides Coastal Marine Partnership

DS60

A Report was submitted by the Director of Technical Services requesting nominations from the Comhairle for membership of the Outer Hebrides Coastal Marine Partnership Forum

The Report stated that nominations were being sought for the appointment of four Comhairle Members to the Forum with representation from each of Transportation, Sustainable Development, Environmental Services and Policy and Resources Committees. To cover the possibility of the nominated members being unable to attend meetings of the Forum, it was requested that consideration be given to the nomination of substitutes from each Committee.

It was agreed to recommend that the Comhairle nominate the Chairman as a representative on the Outer Hebrides Coastal Marine Partnership Forum and that the Vice-Chairman be nominated as a substitute for the Chairman.

PLANNING APPLICATIONS

Outline for Dwelling, Land between 66 and 39b Lower Bayble, Point, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a dwelling house on land between 66 and 39b Lower Bayble, 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 a dwelling house on land between 66 and 39b Lower Bayble, Point, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

Proposed Play Area, Knock Dubh, Garrabost, Point, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a play area at Knock Dubh, Garrabost, 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 a play area at Knock Dubh, Garrabost Point, Isle of Lewis, subject to the conditions shown in Appendix 1 to the Report.

Erection of Dwellinghouse, Knock, Point, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a dwelling house with garden area at a site which would be accessed from the short cul de sac which ran alongside Cnoc cottages, which joined the main Stornoway – Point 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 dwellinghouse and garden area at a site which would be accessed from the short cul de sac which ran along Cnoc Cottages, which joined the main Stornoway – Point Road, Isle of Lewis be refused for the following reason:

By virtue of its location the proposed development is considered to be unduly prominent and poorly related to the predominant pattern of development in the township and is therefore contrary to policies DM 7 of the Western Isles Structure Plan, LP/HCL1 and LP/DM1 of the Finalised Western Isles Local Plan and DC1 of the Broadbay Local Plan.

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a dwelling house with garden area at a site which was accessed from the short cul de sac which ran along Cnoc Cottages, which joined the main Stornoway – Point Road, Isle of Lewis, subject to conditions, in particular to mitigate the visual impact of the development, to be determined by the Director for Sustainable Communities.

Erect 3 Dwelling Houses, 15 Portvoller, Point, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of 3 dwellinghouses at 15 Portvoller, Point, 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 3 dwellinghouses at 15 Portvoller, Point, Isle of Lewis, subject to the conditions detailed in Appendix 1 to the Report and subject to no objections being received in relation to the revised plans.

It was agreed that the Committee would undertake a visit to the site proposed for the erection of 3 houses at 15 Portvoller, Point, Isle of Lewis, prior to the Committee considering the abovementioned matter further at its meeting in October 2006.

Mrs Morag Munro declared an interest in the following Item and left the meeting during consideration of the matter.

Application for Planning Permission for the Erection of a Single Storey House at 18 Branahuie, Isle of Lewis

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a single storey house at 18 Branahuie, 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 refuse planning permission for the erection of a single storey house at 18 Branahuie, Isle of Lewis for the following reasons:

It is considered that the development, as proposed, would be unable to secure reasonable amenities as the relationship between the proposed house and neighbouring houses would be unacceptable due to the potential for overlooking and loss of privacy; and

The development would be out of character with the settlement pattern of the area and the proposed development would be contrary to policy DM7 of the Western Isles Structure Plan; H5 and H18 of the Broadbay Local Plan; and LP/DM1 and LP/HCL1 of the Finalised Western Isles Local Plan.

Extension of Operating Area at Grosebay Pier, Isle of Harris

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for an extension of the operating area at Grosebay Pier, 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 planning permission for an extension of the operating area at Grosebay Pier, Isle of Harris, subject to the conditions shown in Appendix 1 to the Report.

Change of Use of Byre to Workshop at Creagan, Drinishader, Isle of Harris

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for a change of use of byre to workshop at Creagan, Drinishader, 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 planning permission for the change of use of byre to workshop at Creagan, Drinisher, Isle of Harris, subject to the conditions shown in Appendix 1 to the Report.

Mr Donald J Macsween declared an interest in the following Item and left the meeting during consideration of the matter.

Erect 2.5 KW Wind Turbines at 9 Backhill, Berneray, North Uist

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a 2.5 KW wind turbine at 9 Backhill, Berneray, Isle of 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 2.5 KW wind turbine at 9 Backhill, Berneray, Isle of North Uist, subject to the conditions shown in Appendix 1 to the Report.

Restoration of 18 Hole Golf Course, Askernish Machair, South Uist

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the restoration of the 18 hole golf course at Askernish Machair, 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 restoration of the 18 hole golf course at Askernish Machair, South Uist, subject to the conditions shown in Appendix 1 to the Report, on the basis that conditions 2 and 4 be replaced by those conditions submitted at the meeting by the Director for Sustainable Communities, namely:

Condition 2 – The development to which this planning permission relates shall comply with the terms contained in the letters from Storas Uibhist dated 27 July and 7 August 2006 and the “Report of visit to Askernish Golf Club - - 16 and 17 March 2006” by MacKenzie and Ebert Limited attached to and forming part of this permission.

Reason- In order to define the permission and avoid doubt.

Condition 4 – Prior to the commencement of the development to which this planning permission relates a Habitat and Species Management Plan for the site shall be submitted for approval to the Comhairle as planning authority. The Management Plan shall incorporate points 3 to 6 of the conclusion in SNHs letter dated 18 August 2006 attached to and forming part of this consent. No part of the development will commence until the Comhairle has issued approval of the Management Plan in writing. The development shall then be carried out and retained throughout the life of the development in compliance with the approved details unless agreed otherwise in writing with the Comhairle as planning authority.

Reason – In the interest of protecting the Biodiversity of the machair environment.

Temporary Retention of Mast at Ledaig, Isle of Barra

DS21.01

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the temporary retention of a mast 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 temporary retention of a mast at Ledaig, Isle of Barra, subject to the conditions shown in Appendix 1 to the Report.

Beinn Mhor Power - Conditions and Section 75

The Director of Corporate Services withdrew this Item.

WASTE MANAGEMENT

Bennadrove Landfill – Waste Disposal Cell

The Director of Corporate Services withdrew this Item.

		OUTSIDE BODIES
Scottish Liaison Group on Radioactive Waste Management CH03.13	27	The Director for Sustainable Communities submitted a Report concerning the Scottish Liaison Group on Radioactive Waste Management. It was intimated in the Report that at the COSLA Leaders Meeting in March 2006 it had been agreed to encourage participation in the newly formed Scottish Liaison Group on Radioactive Waste Management. Details of the terms of reference and aims of the Group were detailed at Appendix 1 to the Report. It was agreed to recommend that: (1) the Comhairle participate in the Scottish Liaison Group on Radioactive Waste Management; and (2) the Comhairle be represented by the Chairman on the Group.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	28	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.