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MINUTES
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Minute of
Meeting of 21 April 2005
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1
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The Minute of
Meeting of 21 April 2005 was approved.
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Minutes of
Meetings of 23, 24, 25 and 26 May 2005
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2
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The Minutes of Meetings of 23, 24, 25 and 26 May 2005
were approved.
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Minute of Meeting of Waste Strategy
Implementation Sub- Committee of 12 May 2005
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3
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The Minute of
Meeting of the Waste Strategy Implementation Sub-Committee of 12 May 2005 was
noted.
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Declaration of Interest
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4
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Mr Angus
Campbell, Mr Norman A Macdonald and Mr Donald John Macsween declared an
interest in item 17 and left the meeting during consideration of the matter.
Mr Donald J
Macsween declared an interest in item 19 and left the meeting during
consideration of the matter.
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FINANCE
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General
Fund Revenue Monitoring: 1 April 2004 - 31 March 2005
PR110.08
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5
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With reference
to item 3 of the Minute of Meeting of 17 June 2004 the Director of Finance
submitted a Report detailing the revenue out-turn for 2004/2005 and seeking
approval of Departmental carry forward. A summary of the Comhairle’s
out-turn for 2004/2005 was appended to the Report.
It was agreed
to recommend that the Comhairle:
(1)
note the Report, insofar as the
Committee’s interests were concerned; and
(2) approve the carry forward of
budgets detailed in the Report, insofar as the Committee’s interests were
concerned.
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General
Fund Capital Monitoring: 1 April 2004 - 31 March 2005
PR110.01
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6
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The Director
of Finance submitted a Report detailing the final out-turn of the Capital
Programme for 2004/05 as at 31 March 2005. The Report also sought approval
for the revised capital programme for 2005/06 incorporating the slippage and
acceleration from 2004/05.
It was
agreed to recommend that the Comhairle:
(1)
note the Final Capital Expenditure
Report, insofar as the Committee’s interests were concerned; and
(2)
approve the revised Capital Programme
for 2005/06, insofar as the Committee’s interests were concerned.
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BUSINESS
PLANNING
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Departmental Business Plans 1 April 2004
- 31 March 2005
SS02.04
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7
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The Chief
Executive submitted a Report which sought approval of the Departmental
Business Plans Monitoring Reports for the period 1 April 2004 – 31 March
2005. Summaries highlighting the key performance issues for all Departments
were detailed in the appendices to the Report.
It was
agreed to recommend, insofar as the Committee’s interests were concerned,
that:
(1)
the performance of departments in
relation to their Departmental Business Plans be noted; and
(2)
where tasks are uncompleted, further
monitoring information would be provided as part of the 2005/06 process.
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DEVELOPMENT
CONTROL
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It was agreed that under the terms of
Section 50A (4) of the Local Government (Scotland) Act 1973 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
14 of Schedule 7A of the said Act would be disclosed, namely information
relating to any action taken or to be taken in connection with the
prevention, investigation or prosecution of crime.
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Unlawful Demolition of Listed Byres at 3
Kildonan, South Uist
DS21.01
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8
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The Director for Sustainable Communities
submitted a Report concerning the demolition of three listed byres (Category
B) and the erection of a house at 3 Kildonan, South Uist.
It was agreed to recommend that:
(1)
Listed Building Consent for the
demolition of three listed byres (Category B) at 3 Kildonan, South Uist, be
refused for the reasons shown in Appendix 1 to the Report;
(2)
a Report be submitted by the Director
for Sustainable Communities to the Procurator Fiscal with regard to the
unlawful demolition of three Listed Byres (Category B) at 3 Kildonan, South
Uist; and
(3)
planning permission for the erection of
a house at 3 Kildonan, South Uist, be refused for the reasons shown in
Appendix 1 to the Report.
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PLANNING
APPLICATIONS
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Erect House at 1C Tolsta Chaolais, Isle
of Lewis
DS21.01
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9
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of house at 1C Tolsta Chaolais, Isle of
Lewis. 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 house at 1C
Tolsta Chaolais, Isle of Lewis, subject to the conditions shown in Appendix 1
to the Report and subject to no development taking place until access was
legally granted to the satisfaction of the Director for Sustainable
Communities and subject to no adverse comments being received from the Crown
Estate Commission in relation to the proposed development.
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Erect House and Garage at 4 Croir,
Bernera, Isle of Lewis
DS21.01
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10
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a house and garage at 4 Croir,
Bernera, Isle of Lewis. The Report gave background information, commented on
the application and indicated that representations had been received.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a house and garage at 4 Croir, Bernera, Isle
of Lewis subject to the conditions shown in Appendix 1 to the Report.
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Erect House at 142 Newmarket, Isle of
Lewis
DS21.01
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11
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a house at 142 Newmarket, Isle of
Lewis. The Report gave background information, commented on the application
and indicated that representations had been received.
It was agreed to recommend that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a house at 142 Newmarket, Isle of Lewis,
subject to the conditions shown in Appendix 1 to the Report and to a
landscaping scheme being submitted prior to the commencement of any
development to the satisfaction of the Director for Sustainable Communities.
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Residential Development, Dormitory,
Marybank, Isle of Lewis
DS21.01
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12
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The Director
for Sustainable Communities submitted a Report concerning an application for
the “renewal” of outline consent for the development of the Dormitory Site,
Marybank, Isle of Lewis. The Report gave background information and
indicated that as the proposals were considered to be a potential departure
from the Broadbay Local Plan 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 residential development of the Dormitory Site, Marybank, Isle of
Lewis subject to the conditions shown in Appendix 1 to the Report.
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Proposed Development of Hotel (40 Bed),
Retail, Residential, Light Industrial, Freight Storage, Warehousing and all
Associated Infrastructure: Stornoway Airport, Isle of Lewis
DS21.01
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13
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The Director
for Sustainable Communities submitted a Report concerning an application for
outline planning permission for a total of 22 private housing plots, along
the perimeter of the site referred to in the Report, with possible
warehousing, freight storage, light industrial/commercial use, including
retail, towards the terminal area, at Stornoway Airport, and a new hotel
adjacent to the car park of the new terminal building, at Stornoway Airport.
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 proposed development of a Hotel (40 Bed), Retail, Residential, Light
Industrial, Freight Storage, Warehousing and all Associated Infrastructure at
Stornoway Airport, subject to the conditions shown in Appendix 1 to the
Report.
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Erect House at 18 Aignish, Isle of Lewis
DS21.01
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14
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the erection of a house on croftland at 18 Aignish,
Isle of Lewis. The Report gave background information commented on
application and indicated that representations had been received.
Mr Donald Maclean seconded by Mr Donald John
Macsween moved that the Director for Sustainable Communities be authorised to
refuse planning permission for the erection of a house at 18 Aignish, Isle of
Lewis for the reason that the development, as proposed would adversely impact
on locally important agricultural land.
The
Vice-Chairman seconded by Mrs Morag Munro moved as an amendment that the
Director for Sustainable Communities be authorised to grant planning
permission for the erection of a house at 18 Aignish, Isle of Lewis subject
to the conditions shown in Appendix 1 to the Report.
On the
matter being put to the vote the motion received the majority of votes cast
and it was agreed to recommend accordingly.
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Partial Demolition, Refurbishment,
Remodelling and Extension of School and Associated Site Works, Bayble, Isle
of Lewis
DS21.01
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15
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The Director
for Sustainable Communities submitted a Report concerning an application for
planning permission for the partial demolition, refurbishment, remodelling
and extension of Bayble School. 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 partial demolition, refurbishment, remodelling and
extension of Bayble School and associated site works subject to the
conditions shown in Appendix 1 to the Report.
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Erect House at 3 Lackalee, Isle of Harris
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16
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The Principal
Administrative Officer sought and obtained the Chairman’s permission to
withdraw this item.
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CONSUMER PROTECTION
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Mr Angus
Campbell, Mr Norman A Macdonald and Mr Donald John Macsween declared an
interest in item 17 and left the meeting during consideration of the matter.
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Sale of Age
Restricted Products
CH02
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17
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The Director
for Sustainable Communities submitted a Report intimating that the Lord
Advocate had announced the review of the prosecution policy that prevented
the use of young people in making test purchases of age restricted products.
It was further stated in the Report that following a pilot scheme using
children to attempt the purchase of age restricted products the Lord Advocate
had announced that young people would be allowed to make test purchases, in
accordance with the strict protocol designed by those Local Authorities
participating in the pilot scheme namely South Ayrshire, Edinburgh, Moray and
Stirling. It was emphasised in the Report that the main focus of enforcement
procedures designed to achieve compliance with the relevant legislation
restricting the sale of products would continue to be advice, education and
training the use of test purchasers was an important enforcement
development. It was further intimated in the Report that the use of young
volunteers, in appropriate circumstances, would support the community safety
aims of the Comhairle and protect the health of young people.
It was agreed to recommend that, where
appropriate, the use of young volunteers to conduct the test purchase of
age-restricted products be approved.
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Illegal Moneylenders
CH02
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18
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The Director for Sustainable Communities
submitted a Report concerning a Scottish wide project to tackle illegal money
lending.
The Report
referred to funding made available by the Department of Trade and Industry
for a 2 year project, based in Glasgow City Council, to tackle illegal money
lending activities throughout Scotland. It was stated in the Report that the
Department of Trade and Industry project required the co-operation of all
Local Authorities in Scotland to allow the sharing of intelligence and
agreement for the project team to investigate alleged illegal moneylending activity,
outwith the area covered by Glasgow City Council. It was emphasised in the
Report that the project officers involved would conduct their activities in
accordance with the protocol agreed by the Society of Chief Officers of
Trading Standards in Scotland, which covered the following issues:
(1)
working practices of the Project Team
Officers, when outside the Glasgow City Council area;
(2)
the mechanisms whereby Scottish Authorities
were updated on the progress of the project; and
(3)
the exchange of intelligence and information
between the Project Team and other trading standards staff throughout Scotland.
It was
agreed to recommend that the Comhairle issue the necessary statutory
authorisation to the Glasgow City Council Officers involved in the Department
of Trade and Industry illegal money lending project to allow them to operate
within na h’Eileanan an Iar, in accordance with the protocol agreed by the
Society of Chief Officers of Trading Standards in Scotland.
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TRADING
STANDARDS
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Mr Donald J
Macsween declared an interest in item 19 and left the meeting during
consideration of the matter.
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Trading Standards Service Plan
CH02.01.12
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19
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The Director
for Sustainable Communities submitted a Report seeking approval for the
Trading Standards Service Plan for 2005/06. It was stated in the Report that
there was a requirement to develop a Trading Standards Service Plan in line
with the Department of Trade and Industry’s “National Performance Framework
for Trading Standards Service”.
It was
agreed to recommend that The Trading Standards Service Plan for 2005/2006
tabled at the meeting, be approved.
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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 as amended the following item be considered as a matter or urgency in
order to allow the Committee to take a view on the matter.
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Nirex: Disposal of Nuclear Waste
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The Chairman
referred to recent Reports concerning the identification of sites within the
Western Isles for the disposal of nuclear waste and stated that whilst the
sites had been identified some time ago Nirex, who were concerned with
radioactive waste management in the United Kingdom, had reserved the right to
re-open this issue.
It was agreed that the Director for
Sustainable Communities, in consultation with the Chairman be authorised to
make representations to the MP, MSP and any other individuals or
organisations as may be determined by the Director for Sustainable
Communities expressing the Comhairle's total opposition to any site in the
Western Isles being used for the disposal of nuclear waste.
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WASTE
MANAGEMENT
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It was agreed that the public, including the
press, be excluded from the meeting during consideration of item 20 below on
the grounds that exempt information as defined in Paragraphs 6 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, and information relating
to any terms proposed or to be proposed by or to the Comhairle under any
particular contract for acquisition of property or the supply of goods or
services.
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Waste Management Infrastructure
Construction Project :Project Risk Register
CH03.08
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20
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With reference to Item 3 of the Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 12 May 2005 the
Director for Sustainable Communities submitted the Risk Register prepared for
the finalised contract documentation for the Waste Management Infrastructure
Construction Project.
It was agreed to recommend that the
Report be noted.
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ENVIRONMENT
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Integral Toilets Disposal Points
CH03.07
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21
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The Director
for Sustainable Communities submitted a Report concerning difficulties which
had arisen associated with the disposal of waste from integral toilets from
the increased number of caravans, camper vans and motor homes visiting the
Western Isles. It was stated that, at the present time, there were three
disposal units located at Private Caravan sites in Lewis and Benbecula and a
further four were being installed in Barra and in sites throughout Uist. It
was intimated in the Report that following discussions between Officers of
the Comhairle, the Scottish Environment Protection Agency, and the Caravan
Association of Great Britain four pre-formed disposal units were given to the
Comhairle by the Caravan Association of Great Britain with the suggestion
that they be trialed at some of the ports in the Western Isles with existing
septic tank facilities. It was intimated in the Report that it was proposed
to install two of these units at caravan sites in Eoligarry, Barra and
Berneray, North Uist with the remaining two units being located at Ceann a
Garraidh, Eriskay and at another location in South Uist. Details of the
financial implications associated with the installation of the pre-formed
disposal units throughout the Western Isles were outlined. The Report
referred to the significant contribution made to the Western Isles economy by
tourism and the need for sufficient local amenities to be provided for those
visiting the Western Isles in Camper Vans, Motor Homes and Caravans.
It was
agreed to recommend that:
(1)
a list of appropriate locations for the
siting of disposal units be drawn up;
(2)
funding for the installation,
maintenance and upkeep of these facilities be taken from the unallocated
carry forward for Sustainable Communities for 2004/05; and
(3)
publicity materials identifying the
location of these and other tourism facilities and amenities be produced and
distributed as appropriate.
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Additional Funding for Derelict Vehicles
CH03.05
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22
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The Director
for Sustainable Communities submitted a Report indicating that the Scottish
Executive had allocated additional funding to the Comhairle to improve the
Comhairle’s collection and processing service for end of life vehicles. It
was intimated in the Report that at present the Comhairle's Derelict Vehicle
Collection and Processing Service dealt with over 1000 abandoned vehicles
each year and that as a result of recent changes in legislation it was no
longer lawful to take any “undepolluted” vehicles, namely vehicles containing
oils, fuels and batteries etc, into either landfill site process area. It
was suggested in the Report that the additional funding allocated by the
Scottish Executive be used to undertake work associated with improving the
Comhairle’s reception facilities for derelict vehicles up to the new
legislative standard and dealing with the backlog of vehicles which currently
existed.
The Report
further intimated that there was a need for further consideration to be given
to improving the co-ordination of the Comhairle’s derelict vehicle collection
and processing service with other community based Comhairle initiatives such
as recycling and the community skip service.
It was
agreed to recommend that the Comhairle agree:
(1)
to use the funding allocated by the
Scottish Executive to deal with abandoned vehicles in the current year to
enhance the Comhairle's collection and processing service; and
(2)
to consider the potential for a future
community support role to assist communities to deal with abandoned cars,
recycling and community skips.
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RELATED
MATTERS
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Environmental Monitoring – Transportation
of Samples
CH03.01
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23
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The Director
for Sustainable Communities submitted a Report concerning difficulties which
had arisen in transporting urgent samples by air from Uist to Glasgow. The Report intimated at present the airport terminal at Balivanich could not
accept unaccompanied freight for onward transmission to Glasgow and that this
made it impossible for the Officers of the Comhairle to follow the sampling
procedures and protocols associated with submitting food and other
environmental samples to the Public Analyst in Glasgow.
It was
agreed to recommend that the Comhairle:
(1)
note the absence of a satisfactory
means of dispatching food and radiation monitoring samples for analysis and
consequent impact on the Food Safety Enforcement Plan and statutory duties;
and
(2)
raise the issue concerning the air
freight service formally with the airport operators and the air service
providers.
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PERFORMANCE REVIEW
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Reports Outstanding: Progress
PR33.01.12
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24
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The Director of Corporate Services submitted
a Report concerning Reports Outstanding arising from decisions of the
Committee.
It was agreed to recommend that the
Report be noted.
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