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MINUTES
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Minute of
Meeting of 4 November 2004
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1
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The Minute of
Meeting of 4 November 2004 was approved.
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Minute of
Meeting of Waste Strategy Implementation Sub-Committee of 1 November 2004
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2
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The Minute of
Meeting of the Waste Strategy Implementation Sub-Committee of 1 November 2004
was noted.
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Declarations
of Interest
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3
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There were no
declarations of interest.
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PLANNING
APPLICATIONS
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Erect
House on Land East of 10b Arnol, Isle of Lewis
DS21.01
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4
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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 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.
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Renovate and Extend House at 24 Garenin, Isle of
Lewis
DS21.01
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5
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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.
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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.
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Proposed House Adjacent to Lightcliffe, Swordale,
Point
DS21.01
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6
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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.
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Erect House at 15A Aird Tong, Isle of Lewis
DS21.01
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7
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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.
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Erect House to Rear of Grianan, Bakers Road, Isle of
Lewis
DS21.01
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8
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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.
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Erect Holiday Cottage and New Byre at 2 Holm
DS21.01
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9
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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.
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Erect House at 10 Leurbost, 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 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.
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Create 3 Serviced House Plots at Garrynamonie, South
Uist
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 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.
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DEVELOPMENT
CONTROL
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Hearing for Large Windfarm Applications
DS21.07.75
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12
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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.
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Erection of 6 Wind Turbines, Pentland Road, Isle of
Lewis
DS21.01
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13
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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.
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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.
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WASTE
MANAGEMENT AND RECYCLING
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Waste Aware Western Isles Campaign Strategy
CH03.01
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14
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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’.
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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.
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Funding for Comhairle Waste Audit
CH03.01
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15
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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.
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POLLUTION
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Antisocial Behaviour Etc (Scotland) Act 2004 – Noise
PR11.42.01
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16
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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.
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A Strategy for Scotland’s Coast and Inshore Waters –
Consultation
DS40.01.02
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17
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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
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Coastal Erosion at Lionacleit
DS60.01
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18
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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.
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FISH
FARMING
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Extending Planning Controls to Marine Fish Farming
DS21.01
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19
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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.
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RELATED
MATTERS
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Proposed Western Isles Connection: 400KV Overhead
Transmission Line
DS21.26
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20
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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.
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PERFORMANCE
MONITORING
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Reports Outstanding: Progress
PR33.01.12
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21
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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.
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It was
agreed to delete item 3 of the Report from future Reports Outstanding:
Progress.
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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 of urgency in order to allow the Committee to take a view on the
matter.
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Coastal Erosion at Seilebost
DS60.01
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22
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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.
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