Northern Ireland Assembly Flax Flower Logo

COMMITTEE FOR THE ENVIRONMENT

MINUTES OF PROCEEDINGS

THURSDAY 29 NOVEMBER 2007,
ROOM 144, PARLIAMENT BUILDINGS

Present: Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr David Ford
Mr Tommy Gallagher
Mr Ian McCrea
Mr Peter Weir

In Attendance: Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)
Mr Philip Maguire (Clerical Officer)

Apologies: Mr Trevor Clarke
Mr Samuel Gardiner
Mr Datihi McKay

The meeting opened at 10.36 a.m. in public session.

Mr Armstrong joined the meeting at 10.40a.m.

1. Apologies

Apologies are detailed above

The Chairperson welcomed the new member of Committee staff, Philip Maguire who is replacing Pauline Devlin. The Chairperson also wished Pauline every success in her new post with DRD Committee.

2. Minutes

Agreed – the draft minutes were agreed subject to a minor amendment.

3. Matters Arising

Members were advised that the working lunch to discuss the forward work programme would commence at 1.00pm in Press Conference Suite.
Members were advised that the Committee responses on the draft Investment Strategy NI 2008 - 2018, Programme for Government 2008 – 2011 and Budget 2008 – 2011 documents were issued as agreed.

Members were advised that the proofing of the Taxis Report has produced a number of minor changes which members need to approve for the final draft of the report.

Agreed: That the Committee agree that Paragraph 63, in relation to clause 6, should read:

Clause 6 – compliance with a Departmental taxi sharing scheme

63. Members noted that clause 6 provides for the hiring of taxis at separate fares by way of a taxi sharing scheme. The Committee had concerns about the enforcement of a taxi sharing scheme and how taxi sharing zones would be defined. The Committee requested a sample fare table and more information on fare charging and taxi sharing schemes. The Committee was provided with this information at their meeting on 8 November and following consideration of this the Committee agreed to clause 6 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

However, one member, Mr Clarke was not content with the taxi sharing scheme, believed the sample fare table provided was totally unsatisfactory and asked that his opposition to the scheme be noted.

At the meeting on 22 November the Chairperson proposed that clause 6 subject to the amendment agreed between the Committee and the Department (the Committee having agreed the text of the amendment), be agreed.

The Committee divided: Ayes 5; Noes 1

AYES NOES
Patsy McGlone
David Ford
Ian McCrea
Tommy Gallagher
Peter Weir
Trevor Clarke

Agreed: That the clause, subject to the amendment agreed between the Department and the Committee, be agreed to.

Agreed: That the Committee agree that Paragraph 78, in relation to clause 21, should read:

Clause 21 – orders concerning taxis, taxi stands etc.

78. The Committee noted that there is currently an anomaly between the Department for Regional Development (DRD) and DOE with regard to taxi ranks. DRD sets the policy for taxi ranks, but the legislative function rests with DOE. Clause 21 places the legislative function with DRD. The Department proposed an amendment to Schedule 2 paragraph 12 to extend the powers of traffic attendants. The Committee requested further clarity on the roles of traffic attendants. Further information was provided at the meeting on 8 November. Members were content with this information. The Committee agreed to clause 21 as drafted.

Agreed: That the Committee agree that Paragraphs 92 and 93, in relation to clauses 35 and 35 (A), should read:

Clause 35 – effect of appeal on decision appealed against

92. Members noted that clause 35 stated that the decision of the Department will not take effect until the appeal has been heard, disposed of, or withdrawn. Therefore, the decision is in abeyance until the court hears the appeal. As a result of the Committee seeking an amendment to introduce an appeal mechanism to the Department, officials indicated that this will require an amendment to clause 35. The Committee agreed to clause 35 as drafted.
93. As a result of the Committee seeking an amendment to introduce an interim appeals mechanism the Department introduced a new clause, 35(A). This clause allows the Department by way of regulations to make such further provision in respect of appeals as it considers necessary or expedient. The Committee agreed to the new clause 35A as agreed between the Committee and the Department as drafted.

4. Teal Lough

Departmental officials briefed Members and answered questions on Lough Teal.

Agreed: Departmental officials were invited to visit the Lough Teal site. Members to advise Committee staff if they are available to attend.

5. Marine Current Turbine

Departmental officials briefed Members and answered questions on Marine Current Turbine.

Agreed: Mr Ford to report back to Committee on the outcome of meeting between Developer, Department and other interested parties.

Mr Gallagher joined the meeting at 10.14 a.m.

6. UK Climate Change Bill

Departmental officials briefed Members and answered questions on the UK Climate Change Bill.

Agreed: Committee staff to seek clarification on the position, with its Scottish and Welsh counterparts, on the need for specific representation on the Independent Climate Change Committee and the need for an independent sub-committee structure in an independent Climate Change Committee.

Mr Armstrong left the meeting at 11.55 a.m.
Mr Gallagher left the meeting at 11.51 a.m.

7. Draft Addendum to PPS 7

Departmental officials briefed Members and answered questions on the draft Addendum to PPS 7.

8. Correspondence

  1. Members noted an Email from Construction Employers Federation thanking the Committee for supporting their campaign for review of the planning system, and offering a further briefing if required.
  2. Memo from the Clerk to the Committee on Procedures and enclosed letter to be forwarded to the DOE re: an inquiry being conducted into private legislation.
    Agreed: Members agreed to forward this piece of correspondence to the Department.
  3. Letter from the Royal Society of Ulster Architects requesting a meeting with the Committee to discuss planning and environmental issues.
    Agreed: Members agreed to add the Royal Society of Ulster Architects to the list of organisations to be invited to brief Committee.
  4. Email from Prehen Historical and Environmental Society requesting a meeting with the Committee, and attached copy of their submission to the Minister of the Environment re: planning application A/2005/1166/F.
    Agreed: Members agreed to add the Prehen Historic and Environmental Society to the list of organisations to be invited. Members also agreed to forward this piece of correspondence to the Department for their comments.
  5. Members noted a response from the Department to a letter from a concerned (Taxi) driver.
  6. Response from the Department to the letter from Social Development Committee requesting any views on Town Centre Regeneration for their inquiry.
    Agreed: Members agreed to forward a copy of this response to the Committee for Social Development.
  7. Copy of a presentation from the Prehen Historical and Environmental Society, regarding the objection to Planning Application at Prehen Ancient Woodland.
    Agreed: Members agreed to forward this piece of correspondence to the Department for their comments.
  8. Copy of e-mail from Maria Herron to Arlene Foster, Minister for the Environment, regarding the proposed destruction of part of Prehen Ancient Woodland (copies of this e-mail have also been received from Karen Hagan, Jennie Shiels and the staff and pupils of Ashlea Primary Nursery School, Londonderry).
    Agreed: Members agreed to forward this piece of correspondence to the Department for their comments.
  9. Copy of planning application A/2005/1166/F, A proposal to build 4 dwellings on site H33 and access to them through Prehen Wood Derry/Londonderry.
    Agreed: Members agreed to forward this piece of correspondence to the Department for their comments.
  10. Copy of e-mail from Jacqueline McNutt, (Northern Ireland Newpin) to the Minister for the Environment re Prehen Wood.
    Agreed: Members agreed to forward this piece of correspondence to the Department for their comments.
  11. Members noted a copy of a letter from the Minister for the Environment to the Speaker of the Assembly regarding carrying out a review of the planning system.
    Members noted the following press releases: -
    ‘Fermanagh District Council Fined for Environmental offences’
    Members noted a publication entitled ‘Radioactivity in Food and the Environment (R.I.F.E.) 2006’.

9. Any other business

Members were advised that the Committee had ordered 50 Christmas cards for issue to the Department and other relevant organisations/people. Members were invited to provide Committee staff with details of any particular organisations/individuals that they wish to include when cards are issued.

10. Date, time and place of next meeting

The next meeting will be held on Thursday, 06 December 2007 at 10.00am in room 144 Parliament Buildings

The Chairperson adjourned the meeting at 12.12pm

Patsy McGlone
Chairperson, Committee for the Environment.
6 December 2007

22 November 07 / Menu