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COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 5 October 2006 at 9.00am

PRESENT	Mr Angus Nicolson (Chairman)
	Mr Ian M Macleod (Vice-Chairman)
	Mr Keith Dodson	Mr Donald Maclean
	Mr Angus McCormack	Mr Martin C Taylor
	Mr Donald J Macsween	Mr Peter Carlin
	Mrs Morag Munro	Mr Angus Macdonald

APOLOGIES	Mr Alex A MacDonald
	Mr George Lonie	Mr Angus Campbell
	Mr Norman A Macdonald	Mr Ronald J Mackinnon

MINUTES

Minute of Meeting of 24 August 2006

The Minute of Meeting of 24 August 2006 was approved.

Minute of Meeting of Civic Government Licensing Panel of 24 August 2006

The Minute of Meeting of the Civic Government Licensing Panel of 24 August 2006 was noted.

Declaration of Interest

The Chairman declared an interest in Items 12 and 13 and left the meeting during consideration of the matters.

Mr Angus McCormack declared a non – pecuniary interest in Item 10.

Mr Donald J Macsween declared an interest in Item 10 and left the meeting during consideration of the matter.

Mr Murdo Macleod declared an interest in Item 13 and left the meeting during consideration of the matter.

		CONSTITUTION
Appointment of Member to the Civic Government Licensing Panel CH04	4	The Director of Corporate Services submitted a Report inviting the Committee to appoint a Member to fill the vacancy on the Civic Government Licensing Panel following the resignation of Miss Samantha E L Hawkins. It was agreed to appoint Mrs Annie MacSween, Member for the Port of Ness Ward, to serve on the Civic Government Licensing Panel.
		POLICY
"Presentation by Scottish Water - Update on Investment for the Western Isles’.	5	The Chairman invited Mr Alan R Thomson, Head of Development at Scottish Water, to give a presentation to the Committee on Scottish Water’s proposals for investment in the Western Isles. Following Mr Thomson’s presentation an opportunity was afforded to Members to ask questions of Mr Thomson. The Chairman thanked Mr Thomson for his presentation. It was agreed to recommend that the presentation to the Committee by Mr Alan Thomson of Scottish Water on ‘Update on Investment for the Western Isles’ be noted.
		ENVIRONMENTAL HEALTH
Radiation Monitoring Results CH03.13	6	With reference to item 10 of the Minute of Meeting of 24 August 2006 the Director for Sustainable Communities submitted a Report giving information in relation to radiation sampling undertaken by the Comhairle and other organisations. Details of the annual sampling programme undertaken by the Comhairle were given at Appendix 1 to the Report and further detailed information on historical radioactivity monitoring in the UK was detailed at Appendix 2 to the Report. It was stated in the Report that following the major accident at the Chernobyl Nuclear Plant in 1986 a considerable amount of sampling was undertaken to gauge background radiation levels and to confirm that there was no serious contamination. The Report referred to the concern expressed in relation to the fact that no radiation monitoring was being undertaken in North Uist and further stated that once background levels had been established and in order to limit expenditure the radiation sampling programme had, on the advice of Glasgow Scientific Services and with the approval of the Comhairle, been rationalised. It was emphasised in the Report that the radiation sampling programme was only used to establish overall background levels and that the advice from Glasgow Scientific Services was that the location of the samples was not critical. It was agreed to recommend that the Report and its Appendices be noted.
		ENVIRONMENTAL IMPROVEMENT
Update on ACE Grants Programme 2004-2008 DS02	7	The Director for Sustainable Communities submitted a Report concerning the allocation of funds from the Action by Communities on their Environment (ACE) Grant Scheme for community led environmental and social amenity improvement projects. The Report summarised the allocation of grant funding from the ACE Grant Programme for the period 2004 – 2008 and stated that the value of projects assisted through the ACE Scheme since 2004 was approximately £6,780,000
		It was indicated in the Report that the public convenience buildings located at the Braighe, Isle of Lewis and Dalmor, Isle of Lewis, were in a state of extreme disrepair and that their poor condition required that they either be closed and removed, or replaced. It was suggested in the Report that as the local Member for the relevant areas had indicated that they would be willing to approve the use of £5,000 ACE Option Grant towards the costs involved in replacing both of the above-mentioned facilities, which was estimated in the sum of £40,000, it would be appropriate for the balance of the cost of purchasing and erecting two replacement facilities to be met by allocating £30,000 of the remaining ACE Challenge Scheme for this purpose to ensure that these important facilities would continue to be in place. It was agreed to recommend that the Comhairle: (1) note the allocation of ACE Grant Funding to date and the significant impact the Programme has made on communities throughout the Western Isles; (2) agree that there be no formal bidding round for 2007/08 ACE Challenge projects as there was now very little unallocated funding remaining in this Scheme; and (3) approve £30,000 of the remaining unallocated ACE Challenge funding towards the replacement of the public convenience facilities at the Braighe and Dal Mor, Isle of Lewis.
		PROGRAMME AND PROGRESS
Programme and Progress PR33.01.12	8	The Director of Technical Services submitted a programme and progress Report which gave details relating to the construction of the Tolstachaolais Sewerage Scheme. It was agreed to recommend that the Report be noted. It was agreed to recommend that the Director for Sustainable Communities would, following meetings with representatives of Scottish Water, advise all Members of the up-to-date position on the Comhairle’s agreed Priority List for ‘Development Constraints associated with Waste Water Treatment Works’.
		FLOODING AND COASTAL ZONE MANAGEMENTS
Storm Damage Response Programme: Coastal Zone Issues DS60.01	9	The Director of Technical Services submitted a Report giving information on the progress made in relation to the coastal zone aspects of the post - January 2005 Storm Repair and Betterment Programme. The Report referred to the six schemes submitted for part funding via the Coast Protection Act 1949 and the Flood Prevention (Scotland) Act 1961 and intimated that the Scottish Executive had confirmed that it was content for the project proposed for Balivanich, which involved a rock armour structure of approximately 350 metres in length, to progress to the formal stage where advertisements were placed in connection with the invitation to tender for the works and licences obtained in accordance with the relevant statutory guidance. It was further stated in the Report that Officers of the Comhairle continued to negotiate with the Scottish Executive in relation to the five outstanding applications at: Craigston; Gualan Island; Ludaig Rock; Pol na Crann; and Stoneybridge.
		It was indicted in the Report that the four Coastal Zone Management Initiatives which formed part of the Comhairle's original storm damage submission to the Scottish Executive had not attracted funding. The Report further referred to the work being undertaken by the Scottish Environment Protection Agency in relation to the development of a National Coastal Flood Warning System in response to requests from the Comhairle. The Report gave further details in relation to preparations associated with the first meeting of the Outer Hebrides Coastal Marine Forum, which was scheduled to take place in Stornoway on 10 October 2006 and it was highlighted that at the three Coastal Change Seminars already held that it had been suggested that Community Action Groups could be established to address local coastal issues. 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.
		Mr Donald J Macsween declared an interest in the following Item and left the meeting during consideration of the matter.
		DEVELOPMENT CONTROL
Beinn Mhor Power – Supplementary Environmental Information, Conditions and Draft Section 75 Agreement DS61.19	10	The Chairman ruled that it was not necessary to suspend Standing Order 64 to enable the undernoted matter to be considered as there had been a material change of circumstances since the Comhairle last considered this issue namely: (1) information contained in the Supplementary Environmental Information; (2) the production of a draft Section 75 Agreement; and (3) comments from the developer. The Head of Development Services submitted a Report indicating that the Scottish Ministers had asked for the view of the Comhairle on an amended proposal by Beinn Mhor Power to construct 53 megawatt turbines on the Eishken Estate. It was stated in the Report that the Comhairle had in June 2006, following consideration of the amended proposals, decided that the Scottish Ministers be advised that the Comhairle was of the view that consent should be granted to the amended proposals submitted by Beinn Mhor Power, subject to terms and conditions submitted by the Comhairle to the Scottish Ministers on 13 July 2005. The Report intimated that subsequently Beinn Mhor Power had published a second Supplementary Environmental Information Report and submitted information and comments on the Comhairle's recommended conditions, together with a draft Section 75 Agreement. The Report intimated that the Supplementary Environmental Information addressed issues such as: (1) Scheme development and proposals for micro - siting of turbines; (2) Hydrology and the water environment; (3) Peat stability assessment; (4) Waste management; (5) Impacts on fisheries; and (6) Noise impacts.
		The Report provided an analysis on the information and comments submitted by Beinn Mhor Power in relation to terms and conditions and the draft Section 75 Planning Agreement and concluded that: (1) a significant amount of new information had been provided to the Comhairle since it had last considered the Beinn Mhor Wind Farm application; (2) a number of comments on the second Supplementary Environmental Information were worth emphasising to the Scottish Executive, as presented at Appendix 2 to the Report; (3) the range of new information was often interlinked and it had been considered necessary to review the Comhairle's proposed terms and conditions for any consent and that it was now proposed to recommend that, based on the new information, the terms and conditions be revised, as detailed at Appendix 7 to the Report; (4) the draft Section 75 Agreement, as detailed at Appendix 6 of the Report, represented a well advanced Agreement based on the Comhairle’s stated wishes for such an Agreement, although there were a small number of issues which could be addressed in the final conclusion and drafting of the Agreement; and (5) it was considered appropriate that it be delegated to the Chief Executive to conclude the Section 75 Agreement, in consultation with the Director of Corporate Services, the Head of Economic Development, the Head of Development Services and the Director of Technical Services. It was recommended in the Report that the Comhairle: (1) reaffirm its support to the development as expressed in June 2006; (2) authorise the Head of Development Services to advise the Scottish Executive of its view on the September Supplementary Environmental Information, on the basis of Appendix 2 to the Report; (3) authorise the Head of Development Services to advise the Scottish Executive that the Comhairle was of the view that consent should be granted, subject to amended terms and conditions as set out at Appendix 7 to the Report and, in particular, subject to the conclusion of a Section 75 Agreement; and (4) agree the Section 75 Agreement, detailed at Appendix 6 to the Report as a draft and, subject to the comments at Paragraph 7.3 of the Report agree that the Chief Executive be authorised to conclude the Agreement in consultation with the Director of Corporate Services, the Head of Economic Development, the Head of Development Services and the Director of Technical Services. It was agreed to recommend that the Comhairle: (1) reaffirm its support to the development as expressed in June 2006; (2) authorise the Head of Development Services to advise the Scottish Executive of its view on the September Supplementary Environmental Information, on the basis of Appendix 2 to the Report;
		(3) authorise the Head of Development Services to advise the Scottish Executive that the Comhairle is of the view that consent should be granted, subject to amended terms and conditions set out at Appendix 7 to the Report, as may be amended further to the satisfaction of the Head of Development Services, and, in particular, subject to the conclusion of a Section 75 Agreement; and (4) agree the Section 75 Agreement, detailed in Appendix 6 to the Report, as a draft and, subject to: (a) the comments at paragraph 7.3 of the Report, (b) the necessary amendments to the Muaitheabhal Community Wind Farm Trust Deed of Trust, being made to the satisfaction of the Chief Executive; and agree that the Chief Executive be authorised to conclude the Agreement, in consultation with the Director of Corporate Services, the Head of Economic Development, the Head of Development Services and the Director of Technical Services.
		PLANNING APPLICATIONS
Erect 2 Semi Detached Houses, Adjacent to 16 and 17 New Sheilings, Isle of Lewis DS21.01	11	The Director for Sustainable Communities submitted a Report concerning an amendment to the planning application to erect a semi-detached block of houses with attached garages, at a site adjacent to 16 and 17 New Shielings, Marybank, 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 amendment to the planning permission granted in respect of the erection of a semi-detached block of houses with attached garages at a site adjacent to 16 and 17 New Shielings, Marybank, Isle of Lewis, subject to the conditions attached to planning consent reference 0300462/FUL. It was agreed that the Committee would undertake a visit to the site proposed for the erection of 2 Semi Detached Houses, Adjacent to 16 and 17 New Sheilings, Isle of Lewis, prior to the Meeting of the Comhairle on 12 October 2006.
		The Chairman declared an interest in the following two Items and left the meeting during consideration of these matters.
Change of Use and Alterations to Shop on the First and Second Floors of 9 and 11 Church Street and Change of Use and Alterations to Associated Shop Store at 5 and 7 Church Street All To Form 4 No. Flats DS21.01	12	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for change of use and alterations to shop on the first and second floors of 9 and 11 Church Street, Stornoway, Isle of Lewis and change of use and alterations to associated shop store at 5 and 7 Church Street, Stornoway, Isle of Lewis, all to form 4 flats. 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 change of use and alterations to shop on the first and second floors of 9 and 11 Church Street, Stornoway, Isle of Lewis and change of use and alterations to associated shop store at 5 and 7 Church Street, Stornoway, Isle of Lewis, all to form 4 flats, subject to the conditions detailed at Appendix 1 to the Report. It was agreed that the Committee would undertake a visit to the site proposed for the Change of Use and Alterations to Shop on the First and Second Floors of 9 and 11 Church Street, Stornoway, Isle of Lewis and Change of Use and Alterations to Associated Shop Store at 5 and 7 Church Street, Stornoway, Isle of Lewis, all to form 4 Flats, prior to the Meeting of the Comhairle on 12 October 2006.
		Mr Murdo Macleod declared an interest in the following Item and left the meeting during consideration of the matter.
Erect Smoking Shelter, Formation of Disabled Access and Installation of Metal Gate – Whalers Rest, Francis Street, Stornoway DS21.01	13	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a smoking shelter, the formation of a disabled access and installation of a metal gate at the Whalers Rest, Francis Street, 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 erection of a smoking shelter, formation of a disabled access and installation of a metal gate at the Whalers Rest, Francis Street, Stornoway, Isle of Lewis, subject to the conditions detailed at Appendix 1 to the Report.
Erect 3 Dwelling houses at 15 Portvoller, Point, Isle of Lewis DS21.01	14	The Director for Sustainable Communities submitted a Report concerning and application for planning permission for three houses 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 agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of three houses at 15 Portovller, Point, Isle of Lewis, subject to the conditions detailed at Appendix 1 to the Report and that the approval be subject to the Director for Sustainable Communities being satisfied that there were no outstanding issues with regard to any involvement of SEPA in the consultation process. .
Erect 8 Houses and Service 3 Sites for Housing at Bunavoneader, Isle of Harris DS21.01	15	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of 8 social housing units and the servicing of three plots for private housing development on land located along the eastern side of the B887 just north of its junction with the A859 Stornoway to Tarbert road and the old school house in Bunavoneadar. 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 8 social housing units and the servicing of three plots for private housing development on land located along the eastern side of the B887 just north of its junction with the A859 Stornoway to Tarbert road and the old school house in Bunavoneadar, Isle of Harris, subject to the conditions detailed at Appendix 1 to the Report and subject to an additional condition to ensure that development did not proceed until details of a wholesome water supply were provided to the satisfaction of the Comhairle.
Erect House 2 Minish, Lochmaddy, Isle of North Uist DS21.01	16	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 2 Minish, Lochmaddy, North Uist. The Report gave background information, commented on the application and indicated that representations had been received It was agreed to recommend the Director for Sustainable Communities be authorised to grant planning permission for the erection of a house at 2 Minish. Lochmaddy, North Uist, subject to the conditions detailed at Appendix 1 to the Report.
Erect 10 Houses, Garrynamonie, South Uist DS21.01	17	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of 10 houses at Garrynamonie, South Uist. 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 10 houses at Garrynamonie, South Uist subject to the conditions detailed at Appendix 1 to the Report.
		It was agreed to recommend that consideration of the application be deferred and to request the Director for Sustainable Communities to undertake negotiations with the Developer, with a view to the submission of an amended layout for the proposed development.
Erect House 20 Glen, Isle of Barra DS21.01	18	The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house at 20 Glen, 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 house at 20 Glen, Isle of Barra subject to the conditions detailed at Appendix 1 to the Report.

		WASTE MANAGEMENT
Landfill Allowance Scheme CH03.08	19	The Director for Sustainable Communities submitted a Report giving information on the recent guidance on weights of Biodegradable (organic) waste which could be deposited on landfills and of the progress made in relation to the reduction of these quantities. It was stated in the Report that, in terms of the Waste and Emissions Trading (WET) Act 2003, national targets had been set for Landfilling Biodegradable Municipal Waste and that in terms of the Scottish Landfill Allowance Scheme Regulations 2005 targets had been set for Local Authorities in Scotland. The Report stated that as from 1 April 2008 Local Authorities would be allowed to trade allowances across England and Scotland to allow the most appropriate, or cost effective solutions, in relation to their waste management plans. The Report also gave detailed information on the progress made in separating organic wastes, in the Western Isles, and intimated that the capability was now in place to process such waste in a way that should meet the required immediate targets placed on the Comhairle together with information on the work required to meet future targets. It was emphasised in the Report that it would be prudent to move towards a separated waste system at Community Civic Amenity points, as soon practicable, to allow for the separation and the reduction of commercial and industrial waste getting into the Municipal (collected) Solid Waste category. It was further stated in the Report that the collection systems and processes adopted by the Comhairle would provide not only for the reduction in the production of greenhouse gases by would also have the following benefits, namely: (1) fixing the carbon in waste in a stable form; (2) the production of soil enhancers where there were impoverished soils locally; (3) providing employment without raising local taxation; (4) the ability to complement initiatives for alternative energy production and energy use management; and
		(5) the promotion of the Western Isles as a beacon in environmental management and as a ‘greener’ economy and tourist destination. It was agreed to recommend that the Comhairle: (1) note the Report in respect of the progress towards meeting the landfill allowance for the Western Isles; and (2) consider further, at the budget setting process, for 2007/08, the development of Community Managed Civic Amenity sites as a replacement for the Community Skip Service.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	20	The Director of Corporate Services submitted a Report concerning the Reports outstanding arising from decisions of the Committee. It was agreed to recommend that the Report be noted and further recommend that Items 7, 8 and 10 be deleted from the ‘Reports Outstanding: Progress’.

	The Committee adjourned and agreed to reconvene at 4.30pm on 11 October 2006 when the following Members were found to be present.
PRESENT	Mr Angus Nicolson (Chairman)
	Mr Alex A MacDonald	Mr Donald Maclean
	Mr Keith Dodson	Mr Martin C Taylor
	Mr Angus Campbell	Mr Peter Carlin
	Mr Angus McCormack	Mr Ronald J Mackinnon
	Mrs Morag Munro	Mr Angus Macdonald

Erect 2 Semi-Detached Houses Adjacent to 16 and 17 New Sheilings, Isle of Lewis DS21.01	An opportunity was afforded to Members to visit the site proposed for the erection of two semi-detached houses adjacent to 16 and 17 New Sheilings, Isle of Lewis. With reference to Item 11 above the Director for Sustainable Communities submitted a Report concerning an amendment to the planning application to erect a semi-detached block of houses with attached garages, at a site adjacent to 16 and 17 New Shielings, Marybank, 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 an amendment to planning consent 03/00462/FUL, as detailed in the Report, subject to the conditions attached to planning consent reference 03/00462/FUL The Chairman declared an interest in the following item and left the meeting during consideration of the matter. It was agreed to appoint Mr Donald Maclean as Chairman of the meeting.
Change of Use and Alterations to Shop on the First and Second Floors of 9 and 11 Church Street and Change of Use and Alterations to Associated Shop Store at 5 and 7 Church Street All To Form 4 No. Flats