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COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 9 DECEMBER 2010,
RADISSON BLU ROE HOTEL, LIMAVADY

Present:
Mr Cathal Boylan (Chairperson)
Mr Trevor Clarke
Mr Willie Clarke
Mr John Dallat
Mr Peter Weir

In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)

Apologies:
Mr Thomas Buchanan
Mr Danny Kinahan
Mr Patsy McGlone
Mr Alastair Ross
Mr George Savage
Mr Brian Wilson

The meeting began in public session at 10.52a.m.

1. Apologies

Apologies are listed above.

2. Minutes

The minutes of the meeting on 02 December 2010 were agreed.

3. Chairperson’s business

The Chairperson informed members that they had been provided with a note of a meeting held with the North West Region Waste Management Group.

Agreed: That a copy of the note of the meeting is forwarded to the Department for comment.

4. Matters Arising

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on concerns raised by the European Commission in relation to implementation of the Wild Birds Directive.

Agreed: That a Departmental briefing is arranged for a Committee meeting in January 2011 and that, in the interim, the Department provides the Committee with a timetable of the actions it is proposing to address this issue.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on SuDS.

Agreed: That a copy of the original letter from the Department containing the phrase ‘operational difficulties’ is forwarded to the Department for comment.

The Chairperson informed members that they had been provided with a Departmental reply to an Assembly Research paper on NO2 levels in the Short Strand area of Belfast.

Agreed: That a copy of the paper is forwarded to Belfast City Council for comment.

Members noted a Departmental reply to Committee queries on amendments to PPS4.

Members noted a Departmental reply to Committee queries on the impact of the review of PPS11 on PSA 22.

The Chairperson informed members that they had been provided with a Departmental reply to Committee queries on legislative timetables.

Agreed: That the timetable for the Goods Vehicles Act is forwarded to the Road Haulage Association and the Freight Transport Association for information.

Members noted a Departmental reply to Committee queries on the Hunting Bill.

The Chairperson informed members that they had been provided with a Ministerial letter on operational planning procedures.

Agreed: That a letter is sent to the Department asking if the changes will be put into statute or if they are discretionary.

The Chairperson informed members that they had been provided with copies of e mails to Mr McGlone MLA in relation to taxi plates.

Agreed: That a letter is sent to the Department expressing the Committee’s disappointment at the lack of progress in addressing the issuing of taxi plates and asking what actions are currently ongoing to resolve the situation.

The Chairperson informed members that they had been provided with a Tabled letter from the Minister informing the Chairperson that the Minister has decided to lift the ‘seats for sale’ restriction on George Best Belfast City Airport.

Agreed: That a letter is sent to the Minister indicating the Committee’s disappointment at the decision and the procedure adopted for informing the Committee of the decision.

Mr Weir left the meeting at 11.08a.m.

The Chairperson informed members that they had been provided with a tabledindication of policy proposals from the Department in relation to Solvent Emissions Regulations.

Due to a lack of quorum a decision could not be made on the proposal and it was deferred for consideration at the meeting on 16 December 2010.

5. High Hedges Bill – continuation of formal clause by clause scrutiny – Clauses 5-20

The Chairperson informed members that, due to a lack of quorum, the Committee could not make final decisions on the Clauses of the Bill but that a discussion with the Departmental officials could take place and that the Bill would be discussed at the end of the meeting when a quorum was in place.

Departmental officials briefed the Committee and answered members’ questions on Clause 5 – 20.

6. Clean Neighbourhoods and Environment Bill – informal clause by clause consideration – Parts 4, 5, 6, 7, 8 and schedules

The Committee continued informal consideration of the Clean Neighbourhoods and Environment Bill.

Mr Weir rejoined the meeting at 12.31p.m.

The Departmental officials agreed to provide the Committee with further information on the following:

Clause 28 –Departmental officials agreed to provide the Committee with an example of the guidance on how the Bill will deal with the issuing of notices to juveniles.

Clause 36 – Department officials agreed to provide the Committee with the age limit on sale of aerosols in Scotland and also agreed to consider amending the Bill to raise the age limit to 18.

Clause 53 - Department officials agreed to clarify the situation in regards to damage to alarms caused by Council officials.

Clause 60 - Department officials agreed to consider an amendment in relation to noise from illegal motor sports tracks.

In relation to Clause 60(1) (l), Departmental officials agreed to reconsider this Clause and provide the Committee with NIEA’s views on it.

Clause 61 - Department officials agreed to consider an amendment in relation to pigeons.

7. Planning Bill

The Chairperson informed members they had been provided with a draft public notice on the Planning Bill.

Agreed: That the Public Notice is issued following Second Stage of the Bill.

8. High Hedges Bill – continuation of formal clause by clause scrutiny – Clauses 5-20

The Chairperson informed a member that, as quorum was in place, he would now ask members to make a formal decision on each Clause.

Clause 6 - Appeals against remedial notices and other decisions of councils

Agreed: That the Committee was content with the Clause as drafted.

Clause 7 - Determination or withdrawal of appeals

Agreed: That the Committee was content with the Clause as drafted.

Clause 8 - Powers of entry

Agreed: That the Committee was content with the Clause as drafted.

Clause 9 – Offences

Agreed: That the Committee was content with the Clause as drafted.

Clause 10 - Power to require occupier to permit action to be taken by owner

Agreed: That the Committee was content with the Clause as drafted.

Clause 11 - Action by council

Agreed: That the Committee was content with the Clause as drafted.

Clause 12 - Offences committed by a body corporate

Agreed: That the Committee was content with the Clause as drafted.

Clause 13 - Service of documents in electronic form

Agreed: That the Committee was content with the Clause as drafted.

Clause 14 - Statutory charges

Agreed: That the Committee was content with the Clause as drafted.

Clause 15 – Interpretation

Agreed: That the Committee was content with the Clause as drafted.

Clause 16 - Power to amend sections 1 and 2

Agreed: That the Committee was content with the Clause as drafted.

Clause 17 - Application to the Crown

Agreed: That the Committee was content with the Clause as drafted.

Clause 18 - Regulations and orders

Agreed: That the Committee was content with the Clause as drafted.

Clause 19 – Commencement

Agreed: That the Committee was content with the Clause as drafted.

Clause 20 - Short title

Agreed: That the Committee was content with the Clause as drafted.

The Chairperson asked members to ratify all previous decisions of the Committee at the meeting.

Agreed: That all previous decisions of the Committee are ratified.

8. Consultations

Final revised NIEA Enforcement Policy and Summary of Responses

Agreed: That the Committee is content for the Department to proceed with the policy but members would like a progress report on its implementation in 6 months time.

Consultation on Local Government Reform policy proposals

Agreed: That the Committee requests a Departmental briefing on the proposals at its meeting on 16 December.

Consultation With The Local Government Sector On The Development Of A Flytipping Protocol

Agreed: That a synopsis of responses to the consultation is requested.

Marine Licensing: Proposals for legislation introducing a new marine licensing system for Northern Ireland – synopsis of responses

Agreed: That a copy of the proposed amendment on exemptions is requested.

Consultation on proposed regulations giving effect to European Commission Regulations to enable installation of digital tachographs on certain types of light vehicles

Agreed: That a synopsis of responses to the consultation is requested.

Proposals for new taxi operator licensing regulations

Agreed: That a Departmental briefing on the consultation is requested.

Consultation on Local Government Pension Scheme – Councillors’ Pensions

Agreed: That a synopsis of responses to the consultation is requested.

Proposed amendment to the Landfill Regulations (Northern Ireland) 2003 – synopsis of responses

Agreed: That the Committee seeks the views of NILGA on this issue before coming to a decision.

9. Correspondence

Memo from Finance and Personnel Committee Clerk re proposal for Stakeholder Engagement on the Spending Review and draft Budget 2011-15.

Agreed: That the Committee Secretariat forwards any papers from the DOE in relation to budget and efficiency savings to the Finance and Personnel Committee and that the Finance and Personnel Committee is informed of the possible attendance of the Chairperson at their event.

Email response from Belfast City Airport Watch to the Assembly Research paper on NO2 levels and Belfast City Airport.

Agreed: That a copy of the paper is forwarded to Belfast City Council for comment.

Email from Murray Bell Architects responding to the Departments comments to Mr Bell’s previous email re the Code for Sustainable Homes and Planning Legislation.

Agreed: That a copy of the reply is forwarded to the Department for comment and that the Committee is copied into the Department’s reply.

Members noted the following items of correspondence:

Follow-up letter from Sustrans re Road Safety Strategy and Review of Cycle Training.

Copy of the Air Quality Summary Report for Northern Ireland in 2009.

10. Date, time and place of next meeting

The next meeting will be held on Thursday 16 December 2010 at 10.00a.m in room 144, Parliament Buildings.

The Chairperson adjourned the meeting at 1.23p.m.

Cathal Boylan
Chairperson, Committee for the Environment
16 December 2010

7 December 10 / Menu

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