COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

 

 

 

 

 

 

 

 

 

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 9 December 2004 at 9.00am.

PRESENT

Mr Angus Nicolson (Chairman)

 

 

Mr Ian M Macleod (Vice-Chairman)

 

 

Mr George Lonie

Mr Donald Maclean

 

Mr Norman A Macdonald

Mr Martin C Taylor

 

Mr Keith Dodson

Mr Peter Carlin

 

Mr Angus McCormack

Mr Ronald J Mackinnon

 

Mrs Morag Munro

Mr Angus Macdonald

 

 

 

APOLOGIES

Mr Alex A MacDonald

Mr Angus Campbell

 

 

 

 

MINUTES

 

Minute of Meeting of 4 November 2004

 

 

1

The Minute of Meeting of 4 November 2004 was approved.

Minute of Meeting of Waste Strategy Implementation Sub-Committee of 1 November 2004

 

 

2

The Minute of Meeting of the Waste Strategy Implementation Sub-Committee of 1 November 2004 was noted.

Declarations of Interest

 

 

3

There were no declarations of interest.

 

 

PLANNING APPLICATIONS

 

Erect House on Land East of 10b Arnol, Isle of Lewis

DS21.01

 

 

4

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house on land to the east of 10b Arnol, 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 on land to the east of 10b Arnol, Isle of Lewis subject to the conditions shown in Appendix 1 of the Report.

 

 

Renovate and Extend House at 24 Garenin, Isle of Lewis

DS21.01

5

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the renovation and extension of 24 Garenin, Carloway, Isle of Lewis.  The Report gave background information, commented on the application and indicated that representations had been received.  It was further intimated that the applicant Dr Mary Macleod, Regional Archaeologist, was an Officer of the Comhairle.

 

 

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission the renovation and extension of 24 Garenin, Carloway, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

 

 

Proposed House Adjacent to Lightcliffe, Swordale, Point

DS21.01

 

6

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the construction of a house adjacent to Lightcliffe, Swordale, Point, Isle of Lewis.  The Report gave background information and commented on the application.  It was further intimated that representations had been received in respect of this application.

 

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the construction of a house adjacent to Lighcliffe,  Swordale, Point, Isle of Lewis, subject to conditions to be determined by the Director for Sustainable Communities on completion of the consultations on the application.

 

 

Erect House at 15A Aird Tong, Isle of Lewis

DS21.01

7

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a new house in the grounds of the existing property Abbey House, 15A Tong, 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 new house in the grounds of the existing property Abbey House, 15A Tong, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

 

Arising out of consideration of the above item it was agreed to recommend that in future anonymous representations would not be considered.

 

 

Erect House to Rear of Grianan, Bakers Road, Isle of Lewis

DS21.01

 

 

8

The Director for Sustainable Communities submitted a Report concerning an application for planning permission to erect a house on open land to the rear of the property known as Grianan, Bakers Road, 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 on open land to the rear of the property known as Grianan, Bakers Road, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

 

 

Erect Holiday Cottage and New Byre at 2 Holm

DS21.01

 

 

9

The Director for Sustainable Communities submitted a Report concerning an application for the erection of a holiday cottage and new byre at 2 Holm, 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 consideration of the application for planning permission for the erection of a holiday cottage and new byre at 2 Holm, Isle of Lewis be deferred to allow discussions to take place with the applicant on means of access to the site.

 

 

Erect House at 10 Leurbost, Isle of Lewis

DS21.01

 

 

10

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the erection of a house with an access road and parking area at 10 Leurbost, Isle of Lewis.  The Report gave background information, commented on the application and indicated that consultee objections had been made against the proposals.

 

It was agreed to recommend that the Director for Sustainable Communities be authorised to grant planning permission for the erection of a house with an access road and parking area at 10 Leurbost, Isle of Lewis, subject to the conditions shown in Appendix 1 of the Report.

Create 3 Serviced House Plots at Garrynamonie, South Uist

DS21.01

 

 

11

The Director for Sustainable Communities submitted a Report concerning an application for planning permission for the creation of an access road and three serviced house plots at the former Primary School at Garrynamonie, 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 creation of an access road and three serviced house plots at the former Primary School site at Garrynamonie, South Uist, subject to the conditions shown in Appendix 1 of the Report.

 

 

 

 

DEVELOPMENT CONTROL

 

Hearing for Large Windfarm Applications

DS21.07.75

 

12

With reference to item 17 of the Minute of Meeting of 4 November 2004 the Director for Sustainable Communities submitted a Report concerning proposed arrangements for hearing comments on windfarm applications submitted under Section 36 of the Electricity Act 1989.

 

It was intimated in the Report that it had been anticipated that in respect of the application by Lewis WindPower that hearings could be organised for March 2005 to enable a response to meet the Scottish Executive deadline for comments from the Comhairle, namely 17 March 2005.  It was further pointed out in the Report that Lewis WindPower had announced that it would not be able to submit its findings on fauna, river systems and fisheries until February 2005 and that this would require re-advertising and reopening of the consultation period.  The Report further stated that Lewis WindPower had also indicated that it expected to submit its “Section 37 application” for electricity transmission lines by mid - March 2005 and that the Scottish Executive had stated that the Comhairle would have two months to respond to its consultation on this application.

 

It was suggested in the Report that there was an argument for delaying the hearings until about May 2005, with Reports and a formulation and submission of the views of the Comhairle on both the Section 36 and Section 37 applications in June 2005.  It was further pointed out that the Scottish Executive had stated that it would expect to give an extension of time to June/July 2005 for the Comhairle to comment.  The Report further intimated that the Muaitheadhal Section 36 application was expected at the beginning of December 2004 although it was not clear, at the present time, whether it would be accompanied by a complete Environmental Statement or whether, as had happened with the Lewis WindPower application it would require a later supplementary submission.  It was further stated in the Report that it was intended to notify the agreed invitees of the likely timing of the hearings as soon as possible to reduce any sense of uncertainty, especially for Community Councils.

 

It was agreed to recommend that the Scottish Executive be asked to give the Comhairle an extension of time to the end of June 2005 for submission of its views on the applications from Lewis WindPower Ltd under Sections 36 and 37 of the Electricity Act 1989.

 

It was further agreed to recommend that a Report be submitted to the Policy and Resources Committee on the assessment process for large windfarm applications.

 

 

Erection of 6 Wind Turbines, Pentland Road, Isle of Lewis

DS21.01

 

13

The Director for Sustainable Communities submitted a Report concerning progress made in respect of the conclusion of a Section 75 Agreement in connection with the erection of six wind turbines at the Pentland Road, Isle of Lewis.  The Report intimated that an otter survey had been completed and it had been found that there were no otters on the site. 

 

 

 

 

The Director for Sustainable Communities submitted a supplementary Report intimating that a draft Section 75 Agreement had been prepared in respect of the erection of six wind turbines at the Pentland Road, Isle of Lewis.  It was, however, pointed out that in order to agree essential elements of the restoration costings it was necessary to determine which of the following two options should be followed, namely:

 

(a)                 complete removal of all equipment, concrete bases and tracks and restoration of land to its existing undeveloped condition or;

 

(b)                 removal of all equipment taking away all above ground structures and reinstating topsoil over foundation bases to a depth of 0.5 metres and retention of tracks.

 

It was intimated that the applicants had suggested that option (b) as detailed above was the most reasonable.

 

It was further intimated that the Acting Director of Finance was scrutinising figures submitted by the applicant for restoration of the Pentland site and taking the turbines to Arnish, Isle of Lewis for onward transport.

 

It was suggested in the Report that the Section 75 Agreement should require that the restoration bond should be subject to a review on a five - year basis throughout the life of the development to retain a bond that reflected relevant values pertaining at the time.

 

It was further stated that the submission made did not cover restoration of the Arnish Moor site and that the applicants had been asked to address this omission. It was further pointed out that details of community benefit contributions needed to be clarified before the Section 75 Agreement could be finalised and that it was considered unlikely that the Agreements would be ready for circulation for approval by the Comhairle before the next series of meetings.

 

It was agreed to recommend that the levels of restoration works that would be required and valued be based on the standards set out in paragraph 2.1 (b) of the supplementary Report and that these should form the basis of the terms of the Section 75 Agreement in respect to restoration and be made subject to a Report to the next scheduled meeting of the Committee, on the basis that the Acting Director of Finance be requested to undertake an assessment of the sufficiency of the restoration bond, and subject to the proposed restoration works, as detailed at paragraph 2.1 (b) of the supplementary Report, being assessed by an independent appropriately qualified professional party.

 

 

 

 

WASTE MANAGEMENT AND RECYCLING

 

Waste Aware Western Isles Campaign Strategy

CH03.01

14

The Director for Sustainable Communities submitted a Report concerning the Waste Aware Western Isles Campaign.

 

It was intimated that the Campaign formed an integral part of the Comhairle’s Waste Strategy Implementation Plan and had received funding as part of the Scottish Executive’s Strategic Waste Fund grant award.  Appended to the Report was a draft Waste Aware Campaign Strategy with details of the proposed campaign programme up until December 2005.  The Report commented on a number of elements included within the campaign strategy including:

 

(1)                 the Schools Competition;

(2)                 the Zero Waste Pilot Project;

(3)                 the Pilot Kerbside Project, Stornoway; and

(4)                 the official launch of rural ‘Bring Sites’.

 

 

 

It was emphasised in the Report that the success of any recycling programme was dependent on public support and that the Waste Aware Western Isles Campaign would work with the Scottish Waste Aware Group as part of a national Waste Aware Campaign to focus on raising public awareness of the need to reduce, reuse and recycle more of the domestic waste produced.

 

It was agreed to recommend that the Comhairle:

 

(1)                 approve the Waste Aware Western Isles Campaign Strategy for the next year as detailed in Appendix 1 and the work required to be undertaken to deliver the campaign;

 

(2)                 agree to delegate the selection of the areas in Stornoway to be used in the pilot study for the new kerbside recycling collection to the Director for Sustainable Communities in consultation with the local Members for Stornoway; and

 

(3)                 approve a schools competition to design a Waste Aware Western Isles Campaign Mascot as detailed in the body of the Report.

 

 

Funding for Comhairle Waste Audit

CH03.01

15

The Director of Corporate Services and the Director for Sustainable Communities submitted a Joint Report detailing an indicative allocation of up to £62,500 from the Scottish Executive to the Comhairle to undertake a comprehensive waste audit of its functions and services.  It was indicated in the Report that the grant would be subject to a bid, which would require to meet the conditions, set out in the letter appended to the Report.

 

It was agreed to recommend that the Comhairle request the Director of Corporate Services (supported by the Director for Sustainable Communities) to bid for the resources to undertake a comprehensive waste audit of its service and functions to be undertaken in 2005/06.

 

 

 

 

POLLUTION

 

Antisocial Behaviour Etc (Scotland) Act 2004 – Noise

PR11.42.01

 

16

The Director for Sustainable Communities submitted a Report concerning Part 5 of the Antisocial Behaviour Etc (Scotland) Act 2004 relating to noise nuisance.  The Report gave background information in respect of the Antisocial Behaviour Etc (Scotland) Act 2004, which provided the opportunity for police and local authorities to deal with anti-social behaviour through civil rather than criminal proceedings.  It was stated in the Report that the Comhairle already had noise control powers under other legislation and that taking account of the annual number and type of complaints received by the Comhairle it was agreed that the application of Part 5 of the Antisocial Behaviour Etc (Scotland) Act 2004 was not warranted, at the present time.  It was further intimated that the majority of relevant complaints were currently dealt with by the police.

 

It was agreed to recommend that the Comhairle agree not to apply Section 5 of the Antisocial Behaviour etc (Scotland) Act 2004, relating to noise nuisance.

 

 

A Strategy for Scotland’s Coast and Inshore Waters – Consultation

DS40.01.02

 

 

17

There was submitted a joint Report by the Director of Technical Services and the Director for Sustainable Communities concerning a consultation paper from the Scottish Executive entitled “A Strategy for Scotland’s Coast and Inshore Waters”.

 

It was agreed, insofar as the Committee’s interests were concerned, to recommend that Appendix 3 of the Report should form the basis of the Comhairle’s response to the Scottish Executive

 

 

Coastal Erosion at Lionacleit

DS60.01

 

18

The Director of Technical Services submitted a Report concerning the extent of coastal erosion along the coastline south and east of Lionacleit School.

 

It was intimated in the Report that a series of topographic land surveys had been undertaken to monitor coastal erosion at Lionacleit School.  The Report intimated that the most significant area of erosion during the period since 1965 remained that to the south and south east of the survey area and that a general trend had been identified whereby dunes have eroded by 1 – 2 metres along the beach.  It was intimated that coastal erosion at Lionacleit would continue to be monitored on a six monthly basis.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Report be noted.

 

 

 

 

FISH FARMING

 

Extending Planning Controls to Marine Fish Farming

DS21.01

19

The Director for Sustainable Communities submitted a Report referring to a consultation paper entitled “Extending Planning Controls to Marine Fish Farming” which had been issued by the Scottish Executive.  It was intimated in the Report that the consultation paper identified a number of broad planning policy and operational issues that required further consideration before regulations were issued to govern these new planning powers.  It was suggested that the comments as detailed at Appendix 1 of the Report should form that basis of the Comhairle’s response to the consultation document.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that Appendix 1 of the Report should form the basis of the Comhairle’s response to the Scottish Executive.

 

It was further agreed to recommend that the views of the local aquaculture industry on the proposals be taken into account and incorporated, as appropriate, in the Comhairle’s response, on the basis to be determined by the Director for Sustainable Communities in consultation with the Chairman.

 

 

 

 

RELATED MATTERS

 

Proposed Western Isles Connection:  400KV Overhead Transmission Line

DS21.26

 

20

The Chief Executive submitted a Report inviting comments on the draft Comhairle response to the Scottish Hydro Electric Transmission Ltd (SHETL) consultation on the proposed transmission corridors for a Western Isles grid connection.  It was intimated in the Report that in August 2003 the Comhairle had submitted its comments on a consultation on behalf of Scottish and Southern Energy Plc on a proposed 275KV pylon route to service renewable energy proposals in the Western Isles.  It was further stated in the Report that on 12 October 2004 a further “preliminary consultation” had been received from Scottish Hydro Electric Transmission Ltd which identified similar routes to those submitted in 2003.  It was pointed out that it was now proposed that the overhead lines should have a capacity of 400KV on 50 metre high pylons.  A draft response to the latest consultation received from Scottish Hydro Electric Transmission Ltd was detailed at Appendix 2 of the Report and it was intimated that the proposed response also considered some of the strategic and technical issues associated with a Western Isles grid connection.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Comhairle agree that the draft consultation response attached to the Report should form the basis of the Comhairle's formal response to SHETL’s consultation on the proposed Western Isles transmission connection.

 

 

 

 

PERFORMANCE MONITORING

 

Reports Outstanding:  Progress

PR33.01.12

21

The Director of Corporate Services submitted a Report detailing the Reports outstanding following decisions of the Committee.

 

It was agreed to recommend that the Report be noted.

 

 

It was agreed to delete item 3 of the Report from future Reports Outstanding: Progress.

 

 

 

 

ADDITIONAL ITEM

 

 

 

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 of urgency in order to allow the Committee to take a view on the matter.

 

Coastal Erosion at Seilebost

DS60.01

22

The Director of Technical Service submitted a Report concerning coastal erosion at Seilebost.

 

It was agreed to recommend, insofar as the Committee’s interests were concerned, that the Report be noted.