COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 1 FEBRUARY 2011,
SENATE CHAMBER, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone
Mr Alastair Ross
Mr George Savage
Mr Peter Weir
Mr Brian Wilson
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
The meeting began in public session at 10.10a.m.
1. Apologies
There were no apologies.
2. Planning Bill – informal clause by clause consideration – Parts 1 - 4
The Committee commenced informal clause by clause consideration of the Planning Bill with discussion on Clauses 1 – 16.
Mr Wilson joined the meeting at 10.12 a.m.
Mr Kinahan joined the meeting at 10.16a.m.
Agreed: That the Department considers an amendment to Clause 1 to strengthen the wording on sustainable development.
Agreed: That a recommendation is made in the Committee report that the power of wellbeing is included in future local government legislation.
Mr Ross left the meeting at 10. 29a.m.
Mr Dallat joined the meeting at 10. 36a.m.
The Chairperson informed members they had been provided with a Departmental reply to Assembly Research papers on parts 2 and 3 of the Bill.
Agreed: That the response is incorporated into the final Committee report.
The Chairperson informed members they had been provided with an equality impact assessment and human rights assessment of the planning reform process.
Agreed: That the Committee receives a briefing on equality impact and human rights assessments on the Bill.
Mr Weir joined the meeting at 10. 48a.m.
Mr Savage joined the meeting at 10.50a.m.
The Chairperson informed members they had been provided with a paper from the Examiner of Statutory Rules on the delegated powers of the Bill, a further Assembly Research paper, a paper from the NI Federation of Housing Associations on developer contributions, a Ministerial Advisory Group paper on simplified planning zones and supplementary papers from Community Places and RSPB following their oral evidence sessions on the Bill.
Agreed: That the papers are incorporated into the final Committee report.
Agreed: That the Department changes the reference on sustainable development in Clause 1(2) from ‘contributing to’ to ‘securing’.
Mr Buchanan joined the meeting at 11. 27a.m.
The main areas of discussion were the criteria for sustainability, land use and spatial planning, wellbeing, the need for guidance, equality, joint council plans, resources, definition of community, neighbour notification, climate change, balanced communities, costs, fees, subordinate legislation, local policy plans, independent examination, the need for a review period and the Department’s power of intervention.
Agreed: That the Minister would write to the Committee in relation to the inclusion of a statutory link between local development plans and community strategies in Clause 2.
Agreed: That the Committee accepted on Clause 2 that, in the absence of a date for its implementation precise dates would be best avoided on the face of the Bill. the Committee requested that a time limitation linked to commencement of the Bill is included in Clause 2(1) for the Department’s to publish a statement of community involvement.
Agreed: That the Department considers incorporating climate change into Clause 3 of the Bill.
Mr Willie Clarke left the meeting at 11.37a.m.
Agreed: That the Department reports back to the Committee on neighbour notification in relation to Clause 4 and provides the Committee with examples of community involvement from other jurisdictions.
Agreed: That the Department provides the Committee with an example of a statement of community involvement from another jurisdiction.
Mr Ross rejoined the meeting at 11.47a.m.
Agreed: That the Department provides the Committee with details of the subordinate legislation that will follow from Clause 8 and provides members with an amendment to Clause 8(5)
Agreed: That the Department reports back to the Committee on consultation with the Planning Appeals Commission in relation to its role in Clause 16.
Mr Ross left the meeting at 12.30p.m.
The Chairperson suspended the meeting at 12.33p.m. for lunch.
The meeting resumed at 1.37p.m. with the following members present: Mr Boylan, Mr Kinahan, Mr Wilson, Mr Buchanan.
3. Planning Bill – informal clause by clause consideration – Parts 1 - 4
The Committee continuedinformal clause by clause consideration of the Planning Bill with discussion on Clauses 17 – 129.
Mr Weir rejoined the meeting at 1.58p.m.
Mr McGlone rejoined the meeting at 2.03p.m.
Mr Willie Clarke rejoined the meeting at 2.13p.m.
Mr Willie Clarke declared an interest as a member of Down District Council.
Mr Kinahan declared an interest as an owner of a Grade A listed building.
The main areas of discussion were areas of townscape character, simplified planning zones, subordinate legislation, guidance, the definition of regional significance, permitted development rights for minerals, local development plans, the Department’s reserved powers in the Bill
Agreed: That the Department provides the Committee with examples of monitoring reports in relation to Clause 21.
Agreed: That the Department reports back to the Committee with details of discussions with DSO regarding the wording of Clause 25. Officials also agreed to consider the inclusion of criteria for determining regional significance in subordinate legislation and ways in which cumulative impact will be taken into consideration for regionally significant developments.
Agreed: That, in relation to Clause 25, the Department considers the possibility of changing the wording form ‘community consultation’ to ‘community participation’ and to report back to the Committee with a definition of ‘consultation’ and ‘community’.
Agreed: That the Department provides the Committee with an example of a scheme of delegation.
Agreed: That the Department considers an amendment to Clause 53 to include landfill and to report back to the Committee on how aftercare conditions will be delivered in the event of insolvency.
Agreed: That the provides the Committee with further clarification on Clause 75 in relation to a Community Infrastructure Levy and how it would work in practice.
Mr McGlone left the meeting at 2.42p.m.
Mr Willie Clarke left the meeting at 2.50p.m.
The Chairperson suspended the meeting at 3.12p.m. due to loss of quorum.
The meeting resumed at 3.30p.m with the following members present: Mr Boylan, Mr Buchanan, Mr Weir, Mr Wilson, Mr Kinahan.
Agreed: That the Department reports back to the Committee on the need in Clause 97 for, and provision of, arbitration in relation to listed buildings and conservation.
The Chairperson suspended the meeting at 3.38p.m.due to a division in Plenary.
The meeting resumed at 3.55p.m with the following members present: Mr Boylan, Mr Weir, Mr Wilson, Mr Kinahan.
Mr McGlone rejoined the meeting at 4.02p.m.
Agreed: That the Department reports back to the Committee on the possibility of criminalisation being included in Clause 116.
Agreed: That the Department reports back to the Committee with further thoughts on the issues raised by the submissions on Clause 121, particularly the approach to dead or dying trees. Members also requested that the Department reports back on the need for arbitration on this issue.
Agreed: That the Department considers the possibility of codifying the two offences in Clause 125 in a way that would retain the flexibility but make the law applying to trees stronger.
Agreed: That the Department reports back to the Committee on the need for centralised expertise in this area in Clause 128 as there was a feeling that the expertise is not required on a frequent basis and may be costly for councils.
Agreed: That the Department will consider the points made in submissions to the Committee in relation to Clause 121 and report back to the Committee.
Agreed:That the Department will speak to its legal advisors in relation to Clause 125 and report back to the Committee.
4. Date, time and place of next meeting
The next meeting will be held on Thursday 3 February 2011 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 4.40 p.m.
Cathal Boylan
Chairperson, Committee for the Environment
3 February 2011
27 January 11 / Menu
