Men0005a

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 31 May 2000 at 9.00 am

PRESENT

Mr Donald I Nicholson (Chairman)

Mr Angus Nicolson (Vice-Chairman)

Mrs Katie M Mackenzie

Mr Finlay Morrison

Mr Norman A Macdonald

Mr Donald M Mackay

Mr Ian M Macleod

Mrs Morag Munro

Mr George Lonie

Mr James L McArthur

Welcome: Lorraine Mann

The Chairman welcomed Mrs Lorraine Mann, Scotland Against Nuclear Dumping to the Meeting and indicated that Mrs Mann would give a presentation on the Dounreay Consultation Document.

MINUTES

Environmental Services

CH01.02

42

The Minute of Meeting of 17 May 2000 was approved.

Fourth Quarter Revenue Outturn

43

FINANCE

With reference to Item 46 of the Minute of Meeting of the Finance Sub-Committee of 29 May 2000, the Director of Finance submitted a Report detailing the income and revenue expenditure incurred for the Comhairle's services including the Housing Revenue Account, for the financial year 1 April 1999 to 31 March 2000 and comparing such income and expenditure with the revenue estimates of income and expenditure for the period. It was indicated that the out-turn figures showed a net overspend of £214,337 at 31 March 2000, representing 0.29% as compared with the total budget for the year.

It was agreed to note the Report.

Fourth Quarterly Capital Outturn

44*

With reference to Item 48 of the Minute of Meeting of the Finance Sub-Committee of 29 May 2000, the Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the period 1 April 1999 to 31 March 2000 for all services except the Housing Revenue Account. The Report detailed the approved expenditure and final out-turn expenditure for the financial year 1999/2000 for each Service. It was noted that the actual net expenditure for the year had been £11,703,000, which was £3,136,000 below the initial approved Programme. A summary of the variations was set out in the Report. Appended to the Report was the proposed Capital Programme from 1 April 2000 to 31 March 2003 taking account of the previously approved three year Programme of Capital Expenditure, ongoing commitments and the available resources within the Programme.

It was agreed to recommend, insofar as the Committee's interest was concerned, that the:

(1) Comhairle note the 1999/2000 final Capital Monitoring Schedule as detailed at Appendix 1 of the Report; and

(2) Comhairle approve the non-Housing Revenue Account Capital Programme 2000/01 - 2002/03 as detailed at Appendix 2 to the Report by the Director of Finance;

1999/2000 Underspend - Carry Forward

PR110.03.25

45*

The Acting Director of Environmental Services submitted a Report concerning an underspend of £38,990 in the Environmental Services Department's Budgets for 1999/2000. The underspend had arisen mainly from employee savings due to difficulties in attracting a suitably qualified Environmental Health Officer. The overall underspend was within the 2% tolerance and therefore available for carry forward into 2000/2001. The Report detailed proposals to utilise the underspend to reinstate a revenue budget for Environmental Grants and to undertake urgent office alterations.

It was agreed to recommend that the Acting Director of Environmental Services be authorised to use the underspend for the combined 1999/2000 budgets of the Environmental Services Department to:

(1) reinstate a revenue budget of £30,000 for Environmental Grants in 2000/2001; and

(2) use the balance of the underspend, currently indicated as £8,990 on the FMS, as a contribution to undertake urgent office alterations to meet Health and Safety and other storage demands.

TRADING STANDARDS

Amendment of the Scheme of Delegation for Butcher's Licensing

CH04

46*

The Acting Director of Environmental Services submitted a Report concerning regulations implementing the licensing of butcher's shops selling unwrapped raw meat together with any ready to eat food. The Report sought authorisation for the Director of Environmental Services to issue, revoke or suspend licences and to determine the conditions that should be applied to these licences once the guidance notes from the Food Standards Agency were issued. The Report further indicated that action to suspend or revoke licences would only be taken if there was a serious risk to health.

It was agreed to recommend that the Director of Corporate Services be authorised to amend the Scheme of Delegation to enable the Director of Environmental Services to:

(1) issue, suspend or revoke butcher's shop licences under the Food Safety (General Food Hygiene) Regulations 1995 as amended; and

(2) determine the conditions which should be applied to such licences.

ENVIRONMENTAL HEALTH

Consultation on Dounreay Fuels

CH03.13.01

47*

The Acting Director of Environmental Services submitted a Report concerning the public consultation exercise being undertaken by the Department of Trade and Industry on options proposed by UKAEA for the management of fuel from the prototype fast reactor at Dounreay. The Report further detailed an analysis of the options undertaken by the Northern European Nuclear Information Group on behalf of Shetland Islands Council.

It was agreed to recommend that the:

(1) Comhairle support the response being recommended to Shetland Islands Council as detailed in the Appendix to the Report;

(2) Acting Director of Environmental Services be authorised to respond to the Consultation by the Department of Trade and Industry recommending that the 24.7 tonnes of fuel be stored securely at Dounreay until a Government decision was taken on high and intermediate waste disposal of such materials in the terms set out in the draft response circulated at the Meeting; and

(3) Acting Director of Environmental Services be authorised to fund the Comhairle's affiliation to Scotland Against Nuclear Dumping out of Environmental Services Revenue Budgets.

It was unanimously agreed that, in accordance with provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to enable a response to be made prior to the Department of Trade and Industry's deadline on the basis that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.

Oil Pollution Protection Clean-up

PR11.20

48*

The Acting Director of Environmental Services and Director of Technical Services submitted a Joint Report concerning the Comhairle's Oil Pollution Protection and Clean-up Strategy. Oil exploration and possible development in the Atlantic Margin may increase the risk of an oil pollution incident in the Western Isles, but the greatest risk remained from the passage of oil tankers. The Report indicated that the Atlantic Frontier Environment Network had developed a Coastal Protection Strategy which could be included in the Comhairle's Oil Spill Plan. The Report further detailed the clean-up strategy which had been formulated by the Oil Pollution Working Group which comprised Comhairle Officers and other agencies including SEPA and SNH. The Working Group had examined the coastline of the Western Isles and developed a weighting system based on assessment of each area to indicate which areas would be cleaned or, if there were large polluted areas, which parts would take priority. The Report further indicated that three oil companies currently drilling to the Northwest of Lewis had gifted counter pollution measures worth £100k to the Comhairle.

It was agreed to recommend that the:

(1) information in the Atlantic Frontier Environment Networks Coastal Protection Strategy (Phase 1 & 2) be incorporated as background information to the Comhairle Oil Spill Plan;

(2) current clean-up strategy formula, developed by the Comhairle's Oil Pollution Working Group be adopted for consultation with Local Members and Community Councils; and

(3) Committee support a growth bid for £7k to be included in the budget setting process for 2001/2002.

Environmental Bodies Scheme of Administration

CH03.08

49

With reference to Item 21 of the Minute of Meeting of 29 March 2000 the Acting Director of Environmental Services submitted a Report detailing ENTRUST's Scheme of Administration for the award of financial contributions to environmental bodies. The Landfill Tax Credit Scheme encouraged Landfill Site operators to contribute money to enrolled environmental bodies to carry out projects which met the environmental objectives of the landfill tax regulations. As regulator of the Landfill Tax Credit Scheme, ENTRUST's primary aim was to make sure environmental bodies complied with landfill tax regulations.

It was agreed to note the Report.

Planning Procedures for Telecommunications Developments

DS21.01

50*

The Acting Director of Environmental Services submitted a Report setting out the Scottish Parliament and Transport and Environment Committee's findings and recommendations concerning proposals to introduce new planning procedures for telecommunications developments. The Report gave details of the specific recommendations made by the Committee to the Scottish Parliament and highlighted the Committee's recommendation that telecommunications operators should be required to produce an annual audit of their installations and that full planning control for telecommunications developments should be introduced.

The Report further set out the response by Scottish Ministers to the Committee's Report and, in particular, referred to the commitment given by Sarah Boyack, Transport and Environment Minister, that National Planning Policy Guidance and a Planning Advice Note concerning telecommunications developments would be produced as a matter of urgency.

It was agreed to recommend that:

(1) the Comhairle welcome the findings and recommendation of the Scottish Parliament's Transport and Environment Committee on telecommunications and developments;

(2) the Acting Chief Executive be authorised to advise the Scottish Parliament's Transport and Environment Committee and the Scottish Executive that the Comhairle considers that the questions of retrospective control over existing telecommunications developments merit further investigations;

(3) the Acting Chief Executive be authorised to submit his Report concerning planning procedures for telecommunications and developments to the Scottish Parliament, Alasdair Morrison MSP, and the Convention of Scottish Local Authorities, together with any supplementary views which Members of the Comhairle may wish to have considered; and

(4) the Acting Chief Executive be authorised to emphasise to the Scottish Executive that the legislative and advise changes required to implement the recommendations of the Scottish Parliament's Transport and Environment Committee, should be implemented as expeditiously as possible, in order to remove a period of uncertainty and disparity in the determination of proposals for new telecommunications equipment.

COAST PROTECTION

Coastal Protection

DS60.01

51

With reference to Item 95 of the Minute of Meeting of 18 November 1998 the Director of Technical Services submitted a Report detailing the extent of coastal erosion along the coastline south and east of Lionacleit School. The Report detailed surveys which had taken place in Spring 2000 and compared these with previous surveys between Spring 1997 - Autumn 1998 and the ordnance survey taken in 1965. The most significant areas of erosion during the period since 1965 had been to the south and south east of the survey area. Between the two most recent surveys the most notable effect had been the continued erosion of sand from An Corran Spit. Technical Services Consultancy would continue to monitor coastal erosion at Lionacleit and would report to the Committee on an annual basis.

It was agreed to note the Report.

PERFORMANCE REVIEW

Service Plan 2000/2001

CH03.01

52*

With reference to Item 27 of the Minute of Meeting of 10 March 1999 the Acting Director of Environmental Services submitted a Report detailing the Environmental Services Department's Business Plan for 2000/2001. The plan provided a basis for managing the demand led core workload for Environmental Services Department, for the implementation of policy decisions and for the achievement of core key tasks.

It was agreed to recommend approval of the draft service plan for the Environmental Services Department 2000/2001 as detailed in the appendix to the Report insofar as the Committee's interest was concerned.

PERFORMANCE MONITORING

Reports Outstanding: Progress

PR33.01.12

53

The Director of Corporate Services submitted a Report detailing the reports outstanding from decisions of the Committee.

It was agreed to note the Report.

___

PRESENT	Mr Donald I Nicholson (Chairman)
	Mr Angus Nicolson (Vice-Chairman)
	Mrs Katie M Mackenzie	Mr Finlay Morrison
	Mr Norman A Macdonald	Mr Donald M Mackay
	Mr Ian M Macleod	Mrs Morag Munro
	Mr George Lonie	Mr James L McArthur

Welcome: Lorraine Mann		The Chairman welcomed Mrs Lorraine Mann, Scotland Against Nuclear Dumping to the Meeting and indicated that Mrs Mann would give a presentation on the Dounreay Consultation Document.

		MINUTES
Environmental Services CH01.02	42	The Minute of Meeting of 17 May 2000 was approved.
Fourth Quarter Revenue Outturn	43	FINANCE With reference to Item 46 of the Minute of Meeting of the Finance Sub-Committee of 29 May 2000, the Director of Finance submitted a Report detailing the income and revenue expenditure incurred for the Comhairle's services including the Housing Revenue Account, for the financial year 1 April 1999 to 31 March 2000 and comparing such income and expenditure with the revenue estimates of income and expenditure for the period. It was indicated that the out-turn figures showed a net overspend of £214,337 at 31 March 2000, representing 0.29% as compared with the total budget for the year.
		It was agreed to note the Report.
Fourth Quarterly Capital Outturn	44*	With reference to Item 48 of the Minute of Meeting of the Finance Sub-Committee of 29 May 2000, the Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the period 1 April 1999 to 31 March 2000 for all services except the Housing Revenue Account. The Report detailed the approved expenditure and final out-turn expenditure for the financial year 1999/2000 for each Service. It was noted that the actual net expenditure for the year had been £11,703,000, which was £3,136,000 below the initial approved Programme. A summary of the variations was set out in the Report. Appended to the Report was the proposed Capital Programme from 1 April 2000 to 31 March 2003 taking account of the previously approved three year Programme of Capital Expenditure, ongoing commitments and the available resources within the Programme.
		It was agreed to recommend, insofar as the Committee's interest was concerned, that the: (1) Comhairle note the 1999/2000 final Capital Monitoring Schedule as detailed at Appendix 1 of the Report; and (2) Comhairle approve the non-Housing Revenue Account Capital Programme 2000/01 - 2002/03 as detailed at Appendix 2 to the Report by the Director of Finance;
1999/2000 Underspend - Carry Forward PR110.03.25	45*	The Acting Director of Environmental Services submitted a Report concerning an underspend of £38,990 in the Environmental Services Department's Budgets for 1999/2000. The underspend had arisen mainly from employee savings due to difficulties in attracting a suitably qualified Environmental Health Officer. The overall underspend was within the 2% tolerance and therefore available for carry forward into 2000/2001. The Report detailed proposals to utilise the underspend to reinstate a revenue budget for Environmental Grants and to undertake urgent office alterations.
		It was agreed to recommend that the Acting Director of Environmental Services be authorised to use the underspend for the combined 1999/2000 budgets of the Environmental Services Department to: (1) reinstate a revenue budget of £30,000 for Environmental Grants in 2000/2001; and (2) use the balance of the underspend, currently indicated as £8,990 on the FMS, as a contribution to undertake urgent office alterations to meet Health and Safety and other storage demands.
		TRADING STANDARDS
Amendment of the Scheme of Delegation for Butcher's Licensing CH04	46*	The Acting Director of Environmental Services submitted a Report concerning regulations implementing the licensing of butcher's shops selling unwrapped raw meat together with any ready to eat food. The Report sought authorisation for the Director of Environmental Services to issue, revoke or suspend licences and to determine the conditions that should be applied to these licences once the guidance notes from the Food Standards Agency were issued. The Report further indicated that action to suspend or revoke licences would only be taken if there was a serious risk to health.
		It was agreed to recommend that the Director of Corporate Services be authorised to amend the Scheme of Delegation to enable the Director of Environmental Services to: (1) issue, suspend or revoke butcher's shop licences under the Food Safety (General Food Hygiene) Regulations 1995 as amended; and (2) determine the conditions which should be applied to such licences.
		ENVIRONMENTAL HEALTH
Consultation on Dounreay Fuels CH03.13.01	47*	The Acting Director of Environmental Services submitted a Report concerning the public consultation exercise being undertaken by the Department of Trade and Industry on options proposed by UKAEA for the management of fuel from the prototype fast reactor at Dounreay. The Report further detailed an analysis of the options undertaken by the Northern European Nuclear Information Group on behalf of Shetland Islands Council.
		It was agreed to recommend that the: (1) Comhairle support the response being recommended to Shetland Islands Council as detailed in the Appendix to the Report; (2) Acting Director of Environmental Services be authorised to respond to the Consultation by the Department of Trade and Industry recommending that the 24.7 tonnes of fuel be stored securely at Dounreay until a Government decision was taken on high and intermediate waste disposal of such materials in the terms set out in the draft response circulated at the Meeting; and (3) Acting Director of Environmental Services be authorised to fund the Comhairle's affiliation to Scotland Against Nuclear Dumping out of Environmental Services Revenue Budgets.
		It was unanimously agreed that, in accordance with provisions of paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to enable a response to be made prior to the Department of Trade and Industry's deadline on the basis that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.
Oil Pollution Protection Clean-up PR11.20	48*	The Acting Director of Environmental Services and Director of Technical Services submitted a Joint Report concerning the Comhairle's Oil Pollution Protection and Clean-up Strategy. Oil exploration and possible development in the Atlantic Margin may increase the risk of an oil pollution incident in the Western Isles, but the greatest risk remained from the passage of oil tankers. The Report indicated that the Atlantic Frontier Environment Network had developed a Coastal Protection Strategy which could be included in the Comhairle's Oil Spill Plan. The Report further detailed the clean-up strategy which had been formulated by the Oil Pollution Working Group which comprised Comhairle Officers and other agencies including SEPA and SNH. The Working Group had examined the coastline of the Western Isles and developed a weighting system based on assessment of each area to indicate which areas would be cleaned or, if there were large polluted areas, which parts would take priority. The Report further indicated that three oil companies currently drilling to the Northwest of Lewis had gifted counter pollution measures worth £100k to the Comhairle.
		It was agreed to recommend that the: (1) information in the Atlantic Frontier Environment Networks Coastal Protection Strategy (Phase 1 & 2) be incorporated as background information to the Comhairle Oil Spill Plan; (2) current clean-up strategy formula, developed by the Comhairle's Oil Pollution Working Group be adopted for consultation with Local Members and Community Councils; and (3) Committee support a growth bid for £7k to be included in the budget setting process for 2001/2002.
Environmental Bodies Scheme of Administration CH03.08	49	With reference to Item 21 of the Minute of Meeting of 29 March 2000 the Acting Director of Environmental Services submitted a Report detailing ENTRUST's Scheme of Administration for the award of financial contributions to environmental bodies. The Landfill Tax Credit Scheme encouraged Landfill Site operators to contribute money to enrolled environmental bodies to carry out projects which met the environmental objectives of the landfill tax regulations. As regulator of the Landfill Tax Credit Scheme, ENTRUST's primary aim was to make sure environmental bodies complied with landfill tax regulations.
		It was agreed to note the Report.
Planning Procedures for Telecommunications Developments DS21.01	50*	The Acting Director of Environmental Services submitted a Report setting out the Scottish Parliament and Transport and Environment Committee's findings and recommendations concerning proposals to introduce new planning procedures for telecommunications developments. The Report gave details of the specific recommendations made by the Committee to the Scottish Parliament and highlighted the Committee's recommendation that telecommunications operators should be required to produce an annual audit of their installations and that full planning control for telecommunications developments should be introduced. The Report further set out the response by Scottish Ministers to the Committee's Report and, in particular, referred to the commitment given by Sarah Boyack, Transport and Environment Minister, that National Planning Policy Guidance and a Planning Advice Note concerning telecommunications developments would be produced as a matter of urgency.
		It was agreed to recommend that: (1) the Comhairle welcome the findings and recommendation of the Scottish Parliament's Transport and Environment Committee on telecommunications and developments; (2) the Acting Chief Executive be authorised to advise the Scottish Parliament's Transport and Environment Committee and the Scottish Executive that the Comhairle considers that the questions of retrospective control over existing telecommunications developments merit further investigations;
		(3) the Acting Chief Executive be authorised to submit his Report concerning planning procedures for telecommunications and developments to the Scottish Parliament, Alasdair Morrison MSP, and the Convention of Scottish Local Authorities, together with any supplementary views which Members of the Comhairle may wish to have considered; and
		(4) the Acting Chief Executive be authorised to emphasise to the Scottish Executive that the legislative and advise changes required to implement the recommendations of the Scottish Parliament's Transport and Environment Committee, should be implemented as expeditiously as possible, in order to remove a period of uncertainty and disparity in the determination of proposals for new telecommunications equipment.
		COAST PROTECTION
Coastal Protection DS60.01	51	With reference to Item 95 of the Minute of Meeting of 18 November 1998 the Director of Technical Services submitted a Report detailing the extent of coastal erosion along the coastline south and east of Lionacleit School. The Report detailed surveys which had taken place in Spring 2000 and compared these with previous surveys between Spring 1997 - Autumn 1998 and the ordnance survey taken in 1965. The most significant areas of erosion during the period since 1965 had been to the south and south east of the survey area. Between the two most recent surveys the most notable effect had been the continued erosion of sand from An Corran Spit. Technical Services Consultancy would continue to monitor coastal erosion at Lionacleit and would report to the Committee on an annual basis.
		It was agreed to note the Report.

		PERFORMANCE REVIEW
Service Plan 2000/2001 CH03.01	52*	With reference to Item 27 of the Minute of Meeting of 10 March 1999 the Acting Director of Environmental Services submitted a Report detailing the Environmental Services Department's Business Plan for 2000/2001. The plan provided a basis for managing the demand led core workload for Environmental Services Department, for the implementation of policy decisions and for the achievement of core key tasks.
		It was agreed to recommend approval of the draft service plan for the Environmental Services Department 2000/2001 as detailed in the appendix to the Report insofar as the Committee's interest was concerned.
		PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	53	The Director of Corporate Services submitted a Report detailing the reports outstanding from decisions of the Committee.
		It was agreed to note the Report.