COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 8 FEBRUARY 2011,
SENATE CHAMBER, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone
Mr Alastair Ross
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)
Ms Sian Woodward (Bill Office Clerk)
Ms Eilis Haughey (Bill Office Clerk)
Mr Michael Potter (Assembly Research)
Apologies:
The meeting began in public session at 10.23 a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The minutes of the meeting on 27 January, 1 February and 3 February 2011 were agreed.
3. Chairperson’s Business
The Chairperson informed members that he had received a letter from Mr Pat Ramsey MLA indicating that he would be content for this Committee to request that the Business Committee transfers his Cyclists (Protective Headgear) Bill to another Committee so that it will have time to make some progress this mandate.
Agreed: That members were content that the Bill is transferred to another Committee.
The Chairperson informed members that he had met with Professor Greg Lloyd to discuss the Planning Bill and that a note of the meeting would be provided for members at the meeting on 10 February.
4. Assembly Research briefing on equality measures in the Planning Bill
Mr Dallat joined the meeting at10.30a.m.
An Assembly Research official briefed the Committee and answered members’ questions on the equality measures in the Planning Bill.
5. Planning Bill – Formal clause by clause consideration
Agreed: That an Assembly Research paper is requested on how vulnerable groups are represented in community planning in other UK jurisdictions.
Agreed: That the Committee requests that length of tenure is included in the review of the Historic Buildings Council.
Mr Kinahan joined the meeting at 11.12a.m.
Mr Trevor Clarke joined the meeting at 11.15a.m.
Mr Weir joined the meeting at 11.17a.m.
The Committee commenced formal clause by clause consideration of the Planning Bill.
Clause 1 - General functions of Department with respect to development of land
Agreed: That the Department considers the possibility of including ‘wellbeing’ at Clause 1 (4)(A).
Mr Weir left the meeting at 11.33a.m.
Clause 2 - Preparation of statement of community involvement by Department
Agreed: That the Committee is content with Clause 2 as amended by the Department to produce and publish its statement of community involvement within one year of the section coming into operation.
Clause 3 - Survey of district
Mr Weir rejoined the meeting at 11.37a.m.
Mr Wilson left the meeting at 11.37a.m.
Agreed: That a draft Committee amendment to Clause 3 is brought back for further consideration.
Mr Ross joined the meeting at 11.46a.m.
Clause 4 - Statement of community involvement
Agreed: That the Committee is content with Clause 4 as drafted.
Clause 5 - Sustainable development
Agreed: That a decision on Clause 5 is deferred until the Committee makes a decision on the obligation to sustainable development in Clause 1.
Clause 6 - Local development plan
Agreed: That the Committee is content with Clause 6 as drafted.
Clause 7 - Preparation of timetable
Mr Willie Clarke left the meeting at 12.06p.m.
Agreed: That the Committee is content with Clause 7 as drafted.
Clause 8 - Plan strategy
Agreed: That the Committee is content with Clause 6 as drafted.
Clause 9 - Local policies plan
Agreed: That the Committee is content with Clause 6 as drafted.
Mr Willie Clarke rejoined the meeting at 12.11p.m.
Mr Dallat left the meeting at 12.15p.m.
Agreed: That the Committee is content with Clause 9 as drafted.
Clause 10 - Independent examination
Agreed: That a decision on Clause 10 is deferred until The Departmental officials report back on who will pay the costs if an independent examiner is appointed.
Mr Kinahan left the meeting at 12.30p.m.
The Chairperson suspended the meeting at 12.33p.m. for lunch.
The meeting resumed at 1.45p.m. with the following members present: Mr Buchanan, Mr Boylan, Mr Wilson, Mr Trevor Clarke, Mr Weir.
Clause 11 - Withdrawal of development plan documents
Agreed: That the Committee is content with Clause 11 as drafted.
Clause 12 – Adoption
Agreed: That the Committee is content with Clause 12 as drafted.
Clause 13 - Review of local development plan
Agreed: That the Committee is content with Clause 13 as drafted.
Clause 14 - Revision of plan strategy or local policies plan
Agreed: That the Committee is content with Clause 14 as drafted.
Clause 15 - Intervention by Department
Agreed: That the Committee is content with Clause 15 as drafted.
Clause 16 - Department's default powers
Agreed: That the Committee is content with Clause 16 as drafted.
Clause 17 - Joint plans
Agreed: That the Committee is content with Clause 17 as drafted.
Clause 18 - Power of Department to direct councils to prepare joint plans
Agreed: That the Committee is content with Clause 18 as drafted.
Clause 19 - Exclusion of certain representations
Agreed: That the Committee is content with Clause 19 as drafted.
Clause 20 – Guidance
Agreed: That the Committee is content with Clause 20 as drafted.
Clause 21 - Annual monitoring report
Agreed: That the Committee is content with Clause 21 as drafted.
Clause 22 – Regulations
Agreed: That the Committee is content with Clause 22 as drafted.
Clause 23 - Meaning of “development”
Agreed: That the Committee is content with Clause 23 as drafted.
Clause 24 - Development requiring planning permission
Agreed: That the Committee is content with Clause 24 as drafted.
Clause 25 - Hierarchy of developments
Agreed: That the Committee is content with Clause 25 as drafted.
Clause 26 - Department’s jurisdiction in relation to developments of regional significance
Agreed: That the Committee is content with Clause 26 as drafted.
Clause 27 - Pre-application community consultation
Agreed: That the Committee is content with Clause 27 as drafted.
Mr Willie Clarke rejoined the meeting at 2.09p.m.
Clause 28 - Pre-application community consultation report
Agreed: That the Committee is content with Clause 28 as drafted.
Mr Weir left the meeting at 2.12p.m.
Clause 29 - Call in of applications, etc., to Department
Agreed: That the Committee is content with Clause 29 as drafted.
Clause 30 - Pre-determination hearings
Agreed: That the Committee is content with Clause 30 as drafted.
Mr McGlone rejoined the meeting at 2.15p.m.
The Bill Office Clerk briefed members on the Committee’s draft amendment to Clause 247 of the Bill.
Mr Weir rejoined the meeting at 2.17p.m.
Agreed: That the Bill Office explores the drafting of a Committee amendment to make certain sets of regulations within the Planning Bill subject to draft affirmative resolution.
Clause 31 - Local developments: schemes of delegation
Agreed: That the Committee is content with Clause 31 as drafted.
Clause 32 - Development orders
Agreed: That the Committee is content with Clause 32 as drafted.
Clauses 33 – 38 - Simplified planning zones; Making and alteration of simplified planning zone schemes; Simplified planning zone schemes: conditions and limitations on planning permission; Duration of simplified planning zone scheme; Alteration of simplified planning zone scheme; Exclusion of certain descriptions of land or development
Agreed: That decisions on these clauses are deferred until further discussion at the meeting on 10 February 2011.
Mr McGlone left the meeting at 2.35p.m.
Clause 39 - Grant of planning permission in enterprise zones
Agreed: That the Committee is content with Clause 39 as drafted.
Clause 40 - Form and content of applications
Agreed: That the Committee is content with Clause 40 as drafted.
Clause 41– Notice, etc., of applications for planning permission
Agreed: That a decision on Clause 41 is deferred until the Department clarifies if neighbour notification will be made compulsory.
Clause 42 - Notification of applications to certain persons
Agreed: That a decision on Clause 42 is deferred until the Department reports back on the number of occasions Planning Service has used the powers under this Clause.
Clause 43 - Notice requiring planning application to be made
Agreed: That the Committee is content with Clause 43 as drafted.
Mr McGlone rejoined the meeting at 2.38p.m.
Clause 44 - Appeal against notice under section 43
Agreed: That the Committee is content with Clause 44 as drafted.
Clause 45 - Determination of planning applications
Agreed: That the Committee is content with Clause 45 as drafted.
Clause 46 - Power of council to decline to determine subsequent application
Agreed: That the Committee is content with Clause 46 as drafted.
Clause 47 - Power of Department to decline to determine subsequent application
Mr Kinahan rejoined the meeting at 2.50p.m.
Mr Weir left the meeting at 2.52p.m.
Mr McGlone left the meeting at 2.59p.m.
Clause 48 - Power of council to decline to determine overlapping application
Agreed: That the Committee is content with Clause 48 as drafted.
Clause 49 - Power of Department to decline to determine overlapping application
Agreed: That the Committee is content with Clause 49 as amended by the Department.
The Chairperson suspended the meeting at 3.06p.m.
The meeting resumed at 3.30p.m. with the following members present: Mr Boylan, Mr Kinahan, Mr Trevor Clarke, Mr Willie Clarke, Mr Wilson.
Clause 50 - Duty to decline to determine application where section 27 not complied with
Agreed: That the Committee is content with Clause 50 as drafted.
Clause 51 - Assessment of environmental effects
Agreed: That the Committee is content with Clause 51 as drafted.
Clause 52 - Conditional grant of planning permission
Agreed: That the Committee is content with Clause 52 as drafted.
Mr Willie Clarke left the meeting at 3.35p.m.
The Chairperson suspended the meeting at 3.35p.m. due to lack of quorum.
The meeting resumed at 3.55p.m. with the following members present: Mr Boylan, Mr Willie Clarke, Mr Kinahan, Mr Wilson, Mr McGlone.
Clause 53 - Power to impose aftercare conditions on grant of mineral planning permission
Agreed: That the Committee is content with Clause 53 as drafted.
Mr Trevor Clarke rejoined the meeting at 3.57p.m.
Clause 54 - Permission to develop land without compliance with conditions previously attached
Agreed: That the Committee is content with Clause 54 as drafted.
Clause 55 - Planning permission for development already carried out
Agreed: That the Committee is content with Clause 55 as drafted.
Clause 56 - Directions etc. as to method of dealing with applications
Agreed: That the Committee is content with Clause 56 as drafted.
Clause 57 - Effect of planning permission
Agreed: That the Committee is content with Clause 57 as drafted.
Clause 58 – Appeals
Agreed: That the Committee is content with Clause 58 as drafted.
Clause 59 - Appeal against failure to take planning decision
Agreed: That the Committee is content with Clause 59 as drafted.
Clause 60 - Duration of planning permission
Agreed: That the Committee is content with Clause 60 as drafted.
Clause 61 - Duration of outline planning permission
Agreed: That the Committee is content with Clause 61 as drafted.
Clause 62 - Provisions supplementary to sections 60 and 61
Agreed: That the Committee is content with Clause 62 as drafted.
Mr Buchanan rejoined the meeting at 4.03p.m.
Clause 63 - Termination of planning permission by reference to time limit
Agreed: That the Committee is content with Clause 63 as drafted.
Clause 64 - Effect of completion notice
Agreed: That the Committee is content with Clause 64 as drafted.
Clause 65 - Power of Department to serve completion notices
Agreed: That the Committee is content with Clause 65 as drafted.
Clause 66 - Power to make non-material changes to planning permission
Agreed: That the Committee is content with Clause 66 as drafted.
Clause 67 - Revocation or modification of planning permission by council
Agreed: That the Committee is content with Clause 67 as drafted.
Clause 68 - Aftercare conditions imposed on revocation or modification of mineral planning permission
Agreed: That the Committee is content with Clause 68 as drafted.
Clause 69 - Procedure for section 67 orders: opposed cases
Agreed: That the Committee is content with Clause 69 as drafted.
Clause 70 - Procedure for section 67 orders: unopposed cases
Agreed: That the Committee is content with Clause 70 as amended by the Department.
Clause 71 - Revocation or modification of planning permission by the Department
Agreed: That the Committee is content with Clause 71 as drafted.
Clause 72 - Orders requiring discontinuance of use or alteration or removal of buildings or works
Agreed: That the Committee is content with Clause 72 as drafted.
Clause 73 - Confirmation by Department of section 72 orders
Agreed: That the Committee is content with Clause 73 as drafted.
Clause 74 –and Power of Department to make section 72 orders
Agreed: That the Committee is content with Clause 74 as drafted.
Clause 75 - Planning agreements
Agreed: That the Committee is content with Clause 75 as drafted.
Clause 76 - Modification and discharge of planning agreements
Clause 77 –Appeals
Agreed: That the Committee is content with Clause 77 as drafted.
Clause 78 - Land belonging to councils and development by councils
Agreed: That the Committee is content with Clause 78 as amended by the Department.
6. Date, time and place of next meeting
The next meeting will be held on Thursday 10 February 2011 at 10.00a.m in the Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 4.15p.m.
Cathal Boylan
Chairperson, Committee for the Environment
10 February 2011
3 February 11 / Menu
