Environmental Services Committee

526

THE MORAY COUNCIL

MINUTE OF MEETING OF THE ENVIRONMENTAL SERVICES COMMITTEE

WEDNESDAY 29 SEPTEMBER 2004

COUNCIL OFFICE, ELGIN

PRESENT

Councillors A.R. Wilson (Chairman), R.F. McIntosh (Vice-Chairman), J.C. Hogg (Vice-Chairman), A. Bisset, T.M. Bothwell, A.R. Burgess, R.J. Burns, A.E. Coutts, J.A. Divers, L. Gorn, J. Hamilton, R. Hossack, A. Keith, J.A. Leslie, S.D.I Longmore, G. McIntyre, J. MacKay, P.B. Paul, R. Sim, J. Stewart, A. Urquhart, W.P. Watt and I.R. Young

APOLOGIES

Apologies for absence were intimated on behalf of Councillors E. McGillivray and R.H. Shepherd.

IN ATTENDANCE

The Director of Environmental Services, the Head of Development Services, the Head of Direct Services, the Chief Finance Officer, the Acting Development Control Manager, the Planning and Development Manager, the Head of Estates Services, the Building Control Manager, A McEachan, Senior Solicitor (Commercial and Conveyancing) and the Senior Committee Services Officer, Clerk to the Meeting.

1. ORDER OF BUSINESS

In terms of Standing Order 25 the meeting noted Item 5 (a) “Building Control Section – Impact on Increased Applications Upon Staff Resources” and Planning Application 04/01065/OUT, pages 37 – 46 of the Director’s Report on Planning applications, had been withdrawn from the Agenda.

2. DECLARATION OF GROUP DECISIONS

In terms of Standing Order 20 the meeting noted that there were no declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the Agenda.

3. EXEMPT INFORMATION

The Meeting agreed, in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, that subject to taking Item 14 on the Agenda “Building Control and Development Control Sections : Impact of Increased Applications upon Staff Resources [Para 1] in the public section of the meeting as Item 10 (d) on the Agenda, the public and media representatives be excluded from the Meeting during consideration of the items of business appearing at the relevant paragraphs of this Minute as specified below so as to avoid disclosure of exempt information of the class described in the appropriate paragraph of Part I of Schedule 7A of the Act.

Para No. of Minute Para No. of Schedule 7A 15 1 16 9 17 1 18 1 & 6

4. CURRENT PLANNING APPLICATIONS

HELDON & LAICH – NO 12 WARD

(a) 04/00121/FUL Change of use from private stables to livery and equestrian training on site of Lyneside Croft, Rafford, Forres for Mrs Avril Johnston.

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Under reference to Paragraph 11(h) of the Minute of Meeting of this Committee dated 4 August 2004 there was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an application for the change of use from private stables to livery and equestrian training on site at Lyneside Croft, Rafford for Mrs Avril Johnston.

The meeting noted that the application had been deferred from the Committee on 4 August in order to give the applicant an opportunity to consider the relocation of the access to the north of the site for commercial use and restricting the use of the existing access to private use only. In her response dated 23 August 2004, a copy of which was appended to the report, the applicant intimated, that she wished the application to be determined as submitted.

Following discussion Councillor Urquhart, seconded by Councillor Burgess, moved that the application be approved as recommended, subject to the conditions detailed in the report.

The Local Member, Councillor Hogg advised the meeting that his sole concern regarding the application related to the existing access arrangements, which are now having to cope with additional usage arising from a commercial enterprise. He referred Members to the site plan accompanying the Director’s report and made reference to the location of the adjoining occupiers in relation to the site and the proposed access arrangements. He was of the view that, whilst existing site access was suitable for the applicant’s own use, it was not suitable for commercial enterprise in that the increased heavy vehicle and horse activity impinges upon the amenity of the adjoining occupiers and if approved would be contrary to policies S/IMP1, L/IMP1 and L/IMP2(ii) & (iii) in regard to amenity and for these reasons moved refusal of the application. The amendment was seconded by Councillor Hamilton.

Prior to moving to the vote clarification was sought, in the event of the amendment being carried, as what would be the Council’s position with regard to enforcing the access arrangements. The Director of Environmental Services advised the meeting that he would have concerns in regard to controlling a planning consent through a condition. He also advised the meeting that, in the event of the application being refused, the applicant could appeal the decision.

On a division there voted:-

For the Motion (16) - Councillors Urquhart, Burgess, Wilson, McIntosh, Bisset, Bothwell, Burns, Coutts, Hossack, Keith, Leslie, Longmore, McKay, Paul, Stewart and Young

For the Amendment (6) - Councillors Hogg, Hamilton, Divers, McIntyre, Sim and Watt

Abstentions (1) - Councillor Gorn

Accordingly the motion became the finding of the meeting and it was agreed that the application be approved, as recommended, subject to the following conditions:-

The development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission is granted.

2. Unless otherwise agreed with the Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions.

3. There shall be no floodlighting, public address system or amplified music associated with the use hereby approved.

4. No competitive events shall take place on the land.

5. There shall be no more than 8 horses kept and looked after on the land at any one time. This number shall include those owned and kept by the owner of the site.

6. The land shall be used for activities reasonably related to the training of horses and riding lessons only.

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Reasons:

1. The time limit condition is imposed in order to comply with the requirements of Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. In order to ensure that there are no unauthorised departures from the approved plans, which could adversely affect the development or character and amenity of the surrounding properties and area.

3. In order to minimise any potential impact on the amenity of nearby residential properties.

4. To control scale and impact of development on neighbouring residential properties.

5. To control the scale and impact of development on neighbouring residential properties.

6. For the avoidance of doubt.

(b) 04/01753/OUT Outline to erect dwellinghouse at Bancroft, Carsehill, Alves for Mr Richard Thompson.

There was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report, planning consent be granted in respect of an outline application to erect a dwellinghouse at Bancroft, Carsehill, Alves for Mr Richard Thomson.

The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, as a departure from the Development Plan, which was being recommended for approval, and given that no objections had been received, a Hearing was not required. The reasons for recommending approval of the departure were set out in the report on the application.

Following consideration the Committee agreed to approve the application, as an acceptable departure, subject to the following conditions:-

1. (a) That in the case of any reserved matter, application for approval must be made before:-

(i) that expiration of 3 years from the date of the grant of outline planning permission; or

(ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed; whichever is the latest: provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above.

(b) That the development to which the permission relates must be begun not later than whichever is the later of the following dates:-

(i) the expiration of 5 years from the date of the grant of outline planning permission; or

(ii) the expiration of 2 years from the final approval of the reserved matters or in the case of approval on different dates the final approval of the last such matter to be approved.

2. The approval hereby granted is in outline and prior to the commencement of the development approval of the details, including the siting, design and external appearances of the building(s) the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Council, as Planning Authority.

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3. The proposed development shall be carried out only in accordance with detailed drawings, which shall previously have been submitted to and approved by the Council, as Planning Authority. These drawings shall show the reserved matters numbered 4 - 7 below.

4. Plans, sections and elevations of all buildings proposed with details of the type and colour of all external materials and finishes shall be submitted in accordance with condition no. 3 above.

5. The proposed layout of the site showing the exact position of the site boundaries, the position of all buildings, the means of access, areas for vehicle parking and the arrangements for the disposal of foul and surface water shall be submitted in accordance with condition no. 3 above.

6. Details of the exact extent, type and finish of all other works including walls, fences and other means of enclosure and screening shall be submitted in accordance with condition no. 3 above.

7. Sections through the site showing the development on its finished levels in relation to existing levels shall be submitted in accordance with condition no. 3 above.

8. Landscaping proposals showing any existing trees/hedges/shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken and details of all surfacing materials shall be submitted in accordance with condition no. 3 above.

9. The design of the property shall comply with the requirements of L/HC5 of the Moray Local Plan 2000, including the interpretation of policy regarding proportions of gable width and roof pitches.

10. No boundary fences, hedges, walls or any obstruction whatsoever over 1.0 m in height and fronting onto the public road shall be within 2.1 m of the edge of the carriageway.

11. The width of vehicular access shall be 2.4 - 3.0m and have a maximum gradient of 1:20 measured for the first 5.0 m from the edge of the public carriageway. Section of access over the public footpath/verge shall be to The Moray Council specification and surfaced in bitmac.

12. No water shall be permitted to drain onto the public footpath/carriageway.

13. A parking layby 8.0 m long x 2.5 m wide with 30 degrees splayed ends shall be provided at the edge of the public road to allow visiting and service vehicles to park clear of the public road. The vehicular access(es) should lead off the layby(s). Layby to be to The Moray Council specification and be surfaced in bitmac.

14. Two private car parking spaces for up to a 3 bedroomed dwelling and three private car parking spaces for a 4 or more bedroomed dwelling shall be provided.

15. A turning area shall be provided within the curtilage of the site to enable vehicles to enter/exit in a forward gear.

16. A visibility splay of 2.4 metres x 60 metres shall be provided at the access.

Reasons:

1. The time limit condition is imposed in order to comply with the requirements of Section 59 of the Town and Country Planning (Scotland) Act 1997.

2. In order to ensure that the matters specified can be fully considered prior to the commencement of development.

3. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

4. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

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5. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

6. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

7. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

8. As the consent is in outline only and in order that detailed consideration can be given to the matters specified.

9. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

10. In the interests of road safety.

11. In the interests of road safety.

12. In the interests of road safety.

13. In the interests of road safety.

14. In the interests of road safety.

15. In the interests of road safety.

16. In the interests of road safety.

LOSSIEMOUTH WEST - NO. 14 WARD

There was submitted a report by the Director of Environmental Services recommending that, for reasons detailed in the report, planning consent be refused in respect of an application to form a house building plot at Silverhills Farm, Lossiemouth for Mr and Mrs Stuart.

The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, at the request of the Local Member, Chairman and Vice-Chairman and that the application had been advertised as a departure from the Development Plan to which no objections had been received.

The meeting also noted that Members of the Committee had visited the site of the application on Monday 27 September 2004.

The Local Member, Councillor Stewart advised the meeting that she had requested referral of the application to Committee and for a site visit to be undertaken so that Members could see for themselves the proposed development in context, as she did not consider the proposed development as being contrary to policy as recommended in the report.

Clarification was sought as to the major strategic importance of the application being referred to Committee in terms of the guidance issued to Members in relation to requests for site visits and referral of applications to Committee.

Following discussion it was agreed to proceed with the application referred to Committee and that, prior to the next meeting of the Committee, clarification be issued to Members as to the definition of “major strategic importance” in so far as it relates to requests for site visits.

Thereafter Councillor Stewart expressed the view that in her opinion, with the exception of the plot size exceeding 1,400 square metres for which, in her opinion, there were justifiable reasons, the proposed

h:\planning\minutesEN20040929M0 531 development complied with all other aspects of policy. She expressed the view that rather than adversely affecting the character of the area the proposed development would enhance the area and that a number of the trees to be felled to make space for the dwellinghouse were ready to fall of their own accord and it would not, in her opinion, contribute to an unacceptable build up of residential development in the area. In regard to the proposed plot size she advised Members that the rear boundary line was a continuation of what currently existed and that these reasons were, in her opinion, material considerations to justify a departure and moved approval of the application as an acceptable departure, subject to standard conditions. The motion was seconded by Councillor Burns.

As an amendment Councillor Wilson, seconded by Councillor Burgess, moved refusal of the application as recommended.

On a division there voted:-

For the Motion (13) - Councillors Stewart, Burns, Bisset, Bothwell, Divers, Hamilton, Hossack, Longmore, McIntyre, McKay, Paul, Watt and Young

For the Amendment (9) - Councillors Wilson, Burgess, McIntosh, Hogg, Coutts, Keith, Leslie, Sim and Urquhart

Abstentions (1) - Councillor Gorn

Accordingly the motion became the finding of the meeting and it was agreed that the application be approved as an acceptable departure, subject to standard conditions.

(d) 03/02521/FUL Erect a dwellinghouse and garage on Site 2 at Cairnhill, Grange, Keith for Mr Ian McWilliam

There was submitted a report by the Director of Environmental Services recommending that for reasons detailed in the report, planning consent be refused in respect of an application to erect a dwellinghouse and garage on Site 2 at Cairnhill, Grange, Keith for Mr Ian McWilliam.

The meeting noted that the application had been referred to Committee, in terms of the Scheme of Delegation, at the request of the Local Member, Chairman and Vice-Chairman and that the application had been advertised as a departure to which objections had been received and therefore were the Committee “minded to approve” the application, a Hearing was recommended.

The meeting also noted that Members of the Committee visited the site of the application on Monday 27 September 2004.

The Local Member, Councillor Watt advised the meeting that he requested referral of the application to Committee and for a site visit to be undertaken so that Members could see for themselves the proposed development in context, particularly given that he did not consider the proposal would result in ribbon development as in his opinion this was the infilling of a gap site.

For this reason he moved that the Committee be “minded to approve” the application as an acceptable departure subject to referral to a Hearing on a date to be agreed in consultation with the Chairman to which the applicant and objectors be invited to attend and be offered the opportunity of being heard. The motion was seconded by Councillor Bothwell.

As an amendment Councillor Wilson, seconded by Councillor Burgess, moved refusal of the application as recommended.

On a division there voted:-

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For the Motion (17) - Councillors Watt, Bothwell, Bisset, Burns, Coutts, Divers, Gorn, Hamilton, Hossack, Leslie, Longmore, McIntyre, McKay, Paul, Stewart, Urquhart and Young

For the Amendment (6) - Councillors Wilson, Burgess, McIntosh, Hogg, Keith and Sim

Abstentions (0)

Accordingly the motion became the finding of the meeting and it was agreed that the Committee were “minded to approve” the application as an acceptable departure subject to referral to a Hearing on a date to be agreed in consultation with the Chairman to which the applicant and objectors be invited to attend and be offered the opportunity of being heard.

RURAL KEITH & ROTHES - NO. 24 WARD

(e) 04/01325/OUT Outline planning application to build a new dwellinghouse with septic tank and soakaway on site at Balnellan, Craigellachie for Mr James Milne.

There was submitted a report by the Director of Environmental Services recommending that, for reasons detailed in the report, planning consent be refused in respect of an application for outline planning consent to build a new dwellinghouse with septic tank and soakaway on a site at Balnellan, Craigellachie for Mr James Milne.

The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, at the request of the Local Member, Chairman and Vice-Chairman.

The meeting also noted that objections had been received in respect of the advertisement of the application as a departure from the Development Plan then, were the Committee “minded to approve” the application, a Hearing was recommended followed by referral to the Scottish Executive given the recommendation of refusal from the Trunk Roads Authority.

The Local Member, Councillor Paul advised the meeting that she had requested referral of the application to Committee and for a site visit to be undertaken so that Members could see for themselves the proposed development in context given that she did not agree with the recommendation. She was also of the view that, in light of a recent recommendation of the Trunk Roads Authority in regard to an application with access off the A96 which was contrary to it’s recommendations relating to the A95, this was of major strategic importance in terms of the guidance.

The meeting also noted that Members of the Committee had visited the site of the application on Monday 27 September 2004.

The Local Member, Councillor Paul expressed the view that, in her opinion, the proposed development would be bounded by mature trees it would integrate sensitively with the existing landform and blend in with the surrounding area and would not therefore detract from the rural character of this part of the countryside. She was also of the view that there were three clearly defined boundaries and that the policy for this area of Moray only required two established boundaries. In regard to the recommendation from the Trunk Roads Authority she advised the meeting that, as those Members who attended the site visit would have noted, this particular stretch of the A95 was not busy and not a problem with speeding traffic particularly given double bend signs and go slow signs for approximately five miles and it would therefore appear that the recommendation was based purely on a paper assessment. For these reasons she moved approval of the application as complying with policy subject to standard conditions and referral to the Scottish Executive given the recommendation of refusal from the Trunk Roads Authority. The motion was seconded by Councillor Burns.

As an amendment Councillor Burgess, seconded by Councillor Keith, moved refusal of the application as recommended.

On a division there voted:-

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For the Motion (18) - Councillors Paul, Burns, Wilson, Hogg, Bisset, Bothwell, Coutts, Divers, Gorn, Hamilton, Hossack, Leslie, McIntyre, McKay, Stewart, Urquhart, Watt and Young

For the Amendment (4) - Councillors Burgess, Keith, McIntosh and Sim

Abstentions (1) - Councillor Longmore

Accordingly the motion became the finding of the meeting and it was agreed that the application be approved as complying with policy, subject to standard conditions and referral to the Scottish Executive given the recommendation for refusal by the Trunk Roads Authority.

SPEYSIDE - NO. 25 WARD

(f) 04/01026/FUL Convert alter and extend existing steading to form dwellinghouse at Site to rear of Ellengowan, Main Street, Dallas for Mr Gordon Sutherland.

There was submitted a report by the Director of Environmental Services recommending that, subject to conditions detailed in the report planning consent be granted in respect of an application to convert, alter and extend existing steading to form a dwellinghouse on a site to the rear of Ellengowan, Main Street, Dallas for Mr Gordon Sutherland.

The meeting noted that the application was being referred to Committee, in terms of the Scheme of Delegation, in the absence of the Local Member.

Councillor Wilson, seconded by Councillor Watt, moved approval of the application, as recommended. There being no-one otherwise minded the motion became the finding of the meeting and it was agreed that the application be approved subject to the following conditions:-

1. The development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission is granted.

2. Unless otherwise agreed with the Council, as Planning Authority, the development hereby approved shall be carried out strictly in accordance with the approved plans and conditions.

3. If significant unsuspected contamination is found then all work shall cease until an appropriate investigation to determine the nature, extent and potential impacts of the contamination has been undertaken and a remediation method statement agreed with The Council as Planning Authority.

4. That the roof shall be finished with slate.

Reasons:

1. The time limit condition is imposed in order to comply with the requirements of Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. In order to ensure that there are no unauthorised departures from the approved plans, which could adversely affect the development or character and amenity of the surrounding properties and area.

3. In order to safeguard the health and safety of the occupants of the property from the effects of harmful ground contamination.

4. In order to ensure that the development harmonises with the appearance and character of the surrounding properties and area.

5. MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION: SEMINAR ON REVISED GUIDANCE FOR LICENSING AUTHORITIES

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There was submitted a report by the Director of Environmental Services inviting the Committee to consider an invitation from the Scottish Executive for up to two elected members to attend a seminar on the revised guidance on HMO Licensing to be held in Aberdeen on Tuesday 5 October 2004.

The meeting noted that due to prior commitments neither the Chairman or Vice-Chairman would be able to represent the Council at the seminar.

Following consideration the Committee agreed that Members interested in attending the seminar to advise Members Support.

6. SPECIAL COLLECTION SERVICES: REVIEW

There was submitted a report by the Director of Environmental Services inviting the Committee to consider proposals for the Special Collection Service following a review of the service.

It was agreed, as recommended:-

(i) that the Special Collection Service be re-named ‘Bulky Waste Collection Service’;

(ii) to approve the free deposit of waste by ‘jobbing’ contractors arising from home improvements at its disposal facilities;

(iii) to approve the criteria for the provision of a bulky waste collection as detailed in Appendix I to the report; and

(iv) to note that information relating to the service including items referred to in Appendix 1 and contact numbers be included in the waste handbook being produced and at the Councils Access Points.

7. LOCAL AND NATIONAL MODS

There was submitted a report by the Director of Environmental Services informing the Committee of the introduction of a Royal National Mod circuit return to Local Authority areas post 2007 and inviting the Committee to consider the possibility of the Council hosting the Mod at some future date.

Following discussion the Committee agreed to:-

(i) note the report;

(ii) invite the Secretary from An Comunn Gaidhealach to a future meeting of the Committee to outline the position with local Mods, together with the organisation and planning arrangements required to Local Authority areas intending to host the Royal National Mod ; and

(iii) a report being submitted to a future meeting of the Committee on the feasibility of Moray hosting the Royal National Mod at some future date.

8. SCOTTISH HIGHLANDS AND ISLANDS FILM COMMISSION

There was submitted a report by the Director of Environmental Services seeking Committee approval to contribute to the Film Liaison Network for the years 2004 to 2006 inclusive and, if so disposed, to recommend to the Policy and Resources Committee that the Council’s contribution be met from the Corporate Economic Development Activities (CEDA) Budget.

The Committee agreed, as recommended, to:-

(i) approve a sum of £3,000, per annum for three financial years, 2004/05, 2005/06 and 2006/07 inclusive, as the Council’s contribution towards the Film Liaison Network; and

(ii) recommend to the Policy and Resources Committee that the Council’s contribution be met from the CEDA budget.

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9. MORAY "QUALITY OF LIFE" PATHS PROJECT

During consideration of this item Councillor Urquhart left the meeting.

Under reference to paragraph 19 of the Minute of this Committee dated 1 September 2004 and paragraph 35 of the Minute of the Policy and Resources Committee dated 1 September 2004 there was submitted a report by the Director of Environmental Services informing the Committee of the outcome of a Fresh Futures Lottery bid for the Moray "Quality of Life" Paths Project and, given a relevant and material change in circumstances, invited the Committee to consider suspending Standing Order 69 and approve of a proposed increase in Council Funding towards the project.

The meeting noted that subsequent to the meeting on 1 September 2004 the Department had been advised that the funding bid to Fresh Futures had been unsuccessful as it did not detail how the project would transform space and tackle social, economic or environmental disadvantage. However, Fresh Futures had invited a re- submission of the bid if the Council expand on the issues raised and reconsider the Council's financial allocation to the project.

Following discussion the Committee agreed:-

(i) that given a relevant and material change in circumstances, as intimated above, to suspend Standing Order 69;

(ii) the Council’s contribution to the Moray 'Quality of Life' Paths Project be increased to £120,000 (£40,000 per annum over the financial years 2005/06, 2006/07 & 2007/08); and

(iii) to recommend to the Policy and Resources Committee that, given the relevant and material change in circumstances, the Committee agree to suspend Standing Order 69 and endorse the recommendation of the Environmental Services Committee and agree that the Council’s contribution be met from the Corporate Match Funding Capital Budget, subject to approval of funding from the Fresh Futures Lottery Bid.

10. LIST OF REPORTS ISSUED FOR INFORMATION

In terms of the Council's decision of 14 July 1999 (Paragraph 6(a) of the Minute refers) in regard to the issuing of reports for information the Meeting noted that the undernoted report had been issued under separate cover, copies of which had also been made available at the Council's Access Points and Public Libraries:-

• List of Leases, Rent Reviews and Assignations Submitted for Noting - Report by the Head of Estate Services.

11. CONSULTATION PAPERS INVESTING IN WATER SERVICES (2006-2014) AND PAYING FOR WATER SERVICES (2006-2010)

There was submitted a report by the Director of Environmental Services outlining the scope of two consultation documents on water services received from the Scottish Executive in regard to “Investing in Water Services 2006 – 2014 (Quality and Standards III Project) and “Paying for Water Services 2006 – 2010 to which responses required to be submitted by 12 October 2004. The report also set out on appendices A and B respectively draft responses to the consultative documents. The meeting noted that the first of the consultation papers in regard to the Quality and Standards III Project sought the views on the scale and content in investment in water and sewerage services in the period stated and will inform Ministers decisions on the establishment of an affordable and deliverable investment programme for the industry over the period 2006 – 2014. The second paper relating to paying for water services invited views on the principles that might be applied in setting water and sewerage charges during 2006 – 2010 and sets out opinions for how the cost of delivering Scottish Water objectives should be shared out amongst different customer groups. During discussion it was noted that Members were due to receive a presentation from representatives of Scottish Water on Wednesday 13 October 2004 and that it may be prudent to defer the submission of the Council’s response until after the discussions with the representatives of Scottish Water.

Following consideration the Committee agreed:-

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(i) to approve the draft response set out in Appendices A and B on the report subject to the inclusion of Members comments to be submitted to the Head of Direct Services by 8 October 2004 and the outcome of discussions to take place with the Chief Executive of Scottish Water on 13 October 2004;

(ii) that a copy of the final response be issued to all Members of the Council; and

(iii) that wherever possible significant consultation documents be issued at the earliest opportunity prior to a Committee meeting in order to give Members as much opportunity as possible to consider any possible implications/comments on the documents.

12. DIRECT SERVICES – ROADS : PROGRESS REPORT

Under reference to Paragraph 21 of the Minute of this Committee dated 28 April 2004 there was submitted a report by the Director of Environmental Services advising the Committee of progress being made within Direct Services, Roads Services towards staff recruitment, roads maintenance and other budget spending and identifying the consequential effects of problems associated with limited recruitment success.

During discussion Members expressed concerns in regard to the problems associated in recruiting qualified individuals and sought clarification as to the difficulties being encountered in regard to recruitment and the Convener advised the meeting that he had raised this matter with the Chief Executive with a view to a report being submitted to a future meeting of the Policy and Resources Committee. Clarification was also sought in regard to a report being submitted to Committee in regard to the idea for pedestrian crossings and future budgetary provision for unlit hamlets.

Thereafter the Committee agreed to note:-

(i) the extent of the recruitment to date and that a further round of advertisements is imminent;

(ii) the progress which has been achieved to date in delivering the corporate plan objectives.

(iii) the difficulties being experienced in certain areas of the Service as a consequence of difficulties in recruitment, particularly in the area of traffic/transportation and agree to the proposal to limit further work in certain areas, namely:-

¾ Traffic Orders ¾ Traffic enquiries and requests ¾ Input into the Review of the Development Plan ¾ Future Local Plan input ¾ Traffic modelling ¾ Response to Traffic Assessments in respect of proposed developments.

(iv) that a report would be submitted to a future meeting of the Committee on the criteria for pedestrian crossings and that future budgetary provision for unlit hamlets would be considered during the budget setting process; and

(v) that a report on difficulties being encountered in recruiting staff would be submitted to a future meeting of the Policy and Resources Committee.

13. MORAY FLOOD ALLEVIATION SCHEMES : WORKS PROGRESS

Under reference to Paragraph 24 of the Minute of this Committee dated 15 November 2000 there was submitted a report by the Director of Environmental Services advising the Committee on the progress of Moray Flood Alleviation Schemes and other Flood Alleviation works to date and invited the Committee to consider a proposed revised programme of flood prevention revenue works 2004/05 and minor flood alleviation schemes in the Capital Plan 2004/05 to 2005/07.

Following consideration the Committee agreed, as recommended, that the funding and programme of Flood Prevention Revenue Works 2004/05 and Capital Plan 2004/05 to 2006/07 – Minor Flood Alleviation Schemes be amended, as detailed in this report, to enable funding of works to be carried out following the flood event on 24 June 2004.

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14. BUILDING CONTROL AND DEVELOPMENT CONTROL SECTIONS : IMPACT OF INCREASED APPLICATIONS UPON STAFF RESOURCES

There was submitted a report by the Director of Environmental Services advising the Committee of the high and increasing number of applications presently being processed by the Building Control and Development Control sections and the corresponding drop in performance and level of service taken place as a direct result of these increases and that in view of these circumstances sought approval for additional staff in order to improve the level of service in both sections.

Following discussion the Committee agreed to recommend to the Policy and Resources Committee, that:-

(i) the temporary post of Building Control Officer be made permanent;

(ii) two additional Building Control Officers be appointed on a permanent basis;

(iii) three additional Planning Officers be appointed in the Development Control Section on a permanent basis; and

(iv) the temporary post of Principal Planning Officer (Development Control) be extended by one year to September 2006.

15. ADDITIONAL STAFFING: GROUNDS MAINTENANCE SERVICES [PARA 1]

There was submitted a report by the Director of Environmental Services inviting the Committee to consider recommending to the Policy and Resources Committee the creation of three arboricultural posts within the Grounds Maintenance Service.

During discussion reference was made to the current grass cutting provision and in particular to uplifting of grass cuttings and the potential cost implications of extending the service to include the uplifting of cuttings.

Following consideration the Committee agreed:

(i) to recommend to the Policy and Resources Committee approval of the creation of three arboricultural posts within the Grounds Maintenance STO; and

(ii) that a report be submitted to a future meeting of the Committee on the cost implications of providing an alternative grass cutting service, in regard to high amenity areas, with cuttings lifted.

On the determination of this item Councillor Keith left the meeting.

16. ACQUISITION OF LAND FOR ROAD IMPROVEMENT SCHEMES [PARA 9]

There was submitted a report by the Director of Environmental Services asking the Committee to approve the terms provisionally agreed with the landowners for the acquisition of the land required for the road improvement schemes relating to the Forres-Findhorn Cycleway, as detailed in Appendix A of the report.

The Committee agreed to approve the terms provisionally agreed for the acquisition of the land required in connection with the road improvement schemes set out in Appendix A to the report and to remit it to the Principal Solicitor (Commercial and Conveyancing) to conclude the transactions.

17. REDESIGNATION OF SENIOR TRADING STANDARDS OFFICER POST AND AMENDMENT OF THE TRADING STANDARDS STRUCTURE [PARA 1]

There was submitted a report by the Director of Environmental Services requesting that the Committee consider in view of the difficulties recruiting staff with necessary qualifications and experience for the discharge of trading standards functions to consider recommending to the Policy and Resources Committee the regrading of the Senior Trading Standards Officer Post to Principal Trading Standards Officer and to extend the current contract of employment of a part-time temporary Trading Standards Officer post until 31 December 2004.

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The Committee agreed to recommend to the Policy and Resources Committee:-

(i) the redesignation of the Senior Trading Standards Officer post as a Principal Trading Standards Officer post and to increase the Trading Standards salaries budget by £2200 a year to accommodate the change.

(ii) approval the Trading Standards structure as detailed in Appendix 2 to the report; and

(iii) the extension of the temporary part time Trading Standards Officer post until 31 December 2004.

18. LHANBRYDE FLOOD ALLEVIATION SCHEME : REVISION OF COST ESTIMATE [PARAS 1 & 6]

There was submitted a report by the Director of Environmental Services advising the Committee of the financial implications of a delayed start to the works and design changes requested by the independent reservoir Panel Engineer.

The meeting noted that subsequent to the approval of the contract for the construction services at the meeting of this Committee on 26 November 2003 (para. 11 of the Minute refers) the Council had amended the contract which required an increase to the target cost of the scheme by £97,500 in respect of changes to the dam foundation and drainage design required to satisfy the independent panel engineer and £241,000 as a result of a delayed start which had resulted from delays in reaching agreement with land owners and subsequent delayed confirmation of the Flood Prevention Order by Scottish Ministers.

Following discussion, during which Officers responded to Members questions, the Committee agreed to note:-

(i) the increase in target cost resulting from the delayed works start, design changes and a number of minor issues; and

(ii) that a report on the issues relating to the increase in target costs will be included in a report currently being undertaken by the Council’s Internal Audit Section and would be submitted to a future meeting of the Audit & Performance Committee.

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