COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
THURSDAY 10 FEBRUARY 2011,
ROOM 144, PARLIAMENT BUILDINGS
Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Willie Clarke
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)
Ms Eilis Haughey (Bill Office Clerk)
Apologies:
Mr John Dallat
The meeting began in public session at 10.07a.m.
1. Apologies
Apologies are listed above.
2. Minutes
The tabled minutes of the meeting on 10 February 2011 were agreed.
3. Chairperson’s Business
The Chairperson informed members that a conference call had been arranged with the Road Safety Authority for 2pm on Thursday 10 March in Room 54.
The Chairperson informed members that the proposed briefing by Mr McKay MLA on the Single Use Plastic Bags Bill had been cancelled as the sponsor was awaiting amendments to the Bill from the Department.
Mr McGlone left the meeting at 10.12a.m.
4. Matters Arising
Members noted a Departmental infraction schedule update and a comparison table from the last update from the Department in October 2010.
Members noted a Departmental reply to Committee queries on operational planning procedures.
Members noted a Departmental reply to Committee queries on the implementation of PPS21 across divisional offices.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on how it carries out rural proofing during consultations.
Agreed: That a copy of the reply is sent to DARD for comment.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on the Institution of Civil Engineers article on recycling.
Agreed: That a letter is sent to the Department asking for information on the specific targets and timescale for each initiative on recycling.
Members noted a Departmental reply to Committee queries on areas of work in the Departmental Work Programme from January to March 2011 which had been carried over from the previous Programme of Work.
The Chairperson informed members they had been provided with a DFP reply to Committee queries on the Carbon Reduction Commitment Scheme.
Agreed: That a breakdown of the cost of the scheme to NICS Departments is requested.
Members noted a Departmental reply to Committee queries on Planning Staff movement.
Mr Savage joined the meeting at 10.18a.m.
The Chairperson informed members they had been provided with an Assembly Research paper on the environmental impacts of PPS16.
Agreed: That a Departmental briefing on PPS16 is arranged for a future meeting.
Members noted a Departmental response on the procedures adhered to during the Cam Road planning application process.
Members noted a Departmental reply to Committee queries on planning and the economy.
Members noted a Departmental reply to Committee queries on SuDS.
The Chairperson informed members they had been provided with a Departmental reply to an NI Marine Task Force paper.
Agreed: That a timetable for marine legislation is requested from the Department.
The Chairperson informed members they had been provided with a Departmental reply to Committee queries on rural development issues.
Agreed: That a copy of the reply is sent to the Committee for Agriculture and Rural Development and DARD for comment and to ascertain how the issues in the reply will be linked to the rural white paper.
Members noted a Departmental reply to Committee queries on the local government reform consultation.
Members noted a Departmental update on post project evaluations.
The Chairperson informed members they had been providedwith a Ministerial letter and documents in relation to the Greenhouse Gas Emissions Action Plan.
Agreed: That a copy of the Plan is sent to other Assembly Committees for comment from them and their respective departments.
The Chairperson informed members they had been provided with a note of a meeting the Chairperson had held with the Minister.
Agreed: That a copy of the note of the meeting is forwarded to the Department for a reply on the Department’s position on the display of insurance certificates on car windscreens.
The Chairperson informed members that the Committee had agreed to take evidence from SOLACE and NILGA on the resources grant and this had been scheduled for 17 February. However in light of the amendment to the Finance Bill to prevent in-year cuts, timing of the Finance Bill through the Assembly and the current workload of the Committee the organisations are content to let the briefing fall.
Mr McGlone rejoined the meeting at 10.26a.m.
5. Planning Bill – Formal clause by clause consideration
The Committee continued formal clause by clause consideration of the Planning Bill.
The Chairperson informed that a number of documents relating to the Bill had been received since members’ papers were issued and these were tabled for members’ attention.
Letter from 5 MLAs requesting that the Committee takes evidence on the Planning Bill from the South Belfast Resident’s groups.
The Chairperson reminded members that they already discussed the possibility of the South Belfast Resident’s groups giving evidence on the Bill and that the Committee asked for further information in writing from the group due to lack of time.
Agreed: That a letter is sent to the 5 MLAs stating that, due to lack of time, it would not be possible hear oral evidence from the South Belfast Resident’s Groups but that their concerns had been addressed during clause analysis.
Members noted the following papers and agreed to incorporate the papers into the final Committee report:
- Departmental response to QUB Research Briefing papers 1 and 4
- Research paper on Simplified Planning Zones
- Note of Chairperson’s meeting with Professor Gregg Lloyd
- Draft Committee amendments
- Departmental response to Committee queries relating to Clauses 160, 196-197 and 237 and issues raised by Belfast Residents’ Groups
- Departmental response to Committee queries relating to Clauses 130, 134-136, 149-150, 184, 186 and 237
- Departmental response to Committee queries relating to Clauses 1, 10, 33, 133, 148, 178, 202, 221, neighbourhood notification and awarding costs at papers and the listing process.
Clause 79 - Lists of buildings of special architectural or historic interest
Agreed: That the Committee is content with Clause 79 as drafted.
Clause 80 – Temporary listing: building preservation notices
Agreed: That the Committee is content with Clause 80 as drafted.
Clause 81 –Temporary listing in urgent cases
Agreed: That the Committee is content with Clause 81 as drafted.
Clause 82 - Lapse of building preservation notices
Agreed: That the Committee is content with Clause 82 as drafted.
Clause 83 - Issue of certificate that building is not intended to be listed
Agreed: That the Committee is content with Clause 83 as drafted.
Mr McGlone left the meeting at 10.38a.m.
Clause 84 - Control of works for demolition, alteration or extension of listed buildings
Agreed: That the Committee is content with Clause 84 subject to a Committee amendment to raise the level of fine.
Clause 85 - Applications for listed building consent
That the Committee is content with Clause 85 as amended by the Department.
Clause 86 - Notification of applications for listed building consent to certain persons
Agreed: That the Committee is content with Clause 86 as drafted.
Mr McGlone rejoined the meeting at 10.50a.m.
Clause 87 - Call in of certain applications for listed building consent to Department
Mr Kinahan declared an interest as an owner of a listed building
Agreed: That the Committee is content with Clause 87 as drafted.
Clause 88 - Duty to notify Department of applications for listed building consent
Agreed: That the Committee is content with Clause 88 as drafted.
Clause 89 - Directions concerning notification of applications, etc.
Agreed: That the Committee is content with Clause 89 as drafted.
Clause 90 – Decision on application for listed building consent
Agreed: That the Committee is content with Clause 90 as drafted.
Mr Wilson left the meeting at 10.52a.m.
Clause 91 – Power to decline to determine subsequent application for listed building consent
Agreed: That the Committee is content with Clause 91 as drafted.
Clause 92 – Power to decline to determine overlapping application for listed building consent
Agreed: That the Committee is content with Clause 92 as drafted.
Clause 93 - Duration of listed building consent
Agreed: That the Committee is content with Clause 93 as drafted.
Clause 94 - Consent to execute works without compliance with conditions previously attached
Agreed: That the Committee is content with Clause 94 as drafted.
Clause 95 - Appeal against decision
Agreed: That the Committee is content with Clause 95 as drafted.
Clause 96 - Appeal against failure to take decision
Agreed: That the Committee is content with Clause 96 as drafted.
Clause 97 - Revocation or modification of listed building consent by council
Mr Savage declared an interest as a member of Craigavon Borough Council
Mr Ross left the meeting at 10.55a.m.
Clause 98 - Procedure for section 97 orders: opposed cases
Agreed: That the Committee is content with Clause 98 as drafted.
Clause 99 - Procedure for section 97 orders: unopposed cases
Agreed: That the Committee is content with Clause 99 as drafted.
Clause 100 - Revocation or modification of listed building consent by the Department
Agreed: That the Committee is content with Clause 100 as drafted.
Clause 101 - Applications to determine whether listed building consent required
Agreed: That the Committee is content with Clause 101 as drafted.
Clause 102 - Acts causing or likely to result in damage to listed buildings
Agreed: That a decision on this clause is deferred until the meeting on 15 February 2011.
Clause 103 - Conservation areas
Agreed: That the Committee is content with Clause 103 as drafted.
Clause 104 - Control of demolition in conservation areas
Agreed: That the Committee is content with Clause 104 as amended by the Department.
Clause 105 - Grants in relation to conservation areas
Agreed: That the Committee is content with Clause 105 as drafted.
Mr Ross rejoined the meeting at 11.03a.m.
Clause 106 - Application of Chapter 1, etc., to land and works of councils
Agreed: That the Committee is content with Clause 106 as amended by the Department.
Clause 107 - Requirement of hazardous substances consent
Agreed: That the Committee is content with Clause 107 as drafted.
Agreed: That the Department provides the Committee with clarification of the roles of the Planning Authority and NIEA in relation to hazardous substances.
Clause 108 – Applications for hazardous substances consent
Agreed: That the Committee is content with Clause 108 as drafted.
Clause 109 – Determination of applications for hazardous substances consent
Agreed: That the Committee is content with Clause 109 as drafted.
Clause 110 – Grant of hazardous substances consent without compliance with conditions previously attached
Agreed: That the Committee is content with Clause 110 as drafted.
Clause 111 – Revocation or modification of hazardous substances consent
Agreed: That the Committee is content with Clause 111 as drafted.
Clause 112 – Confirmation by Department of section 111 orders
Agreed: That the Committee is content with Clause 112 as drafted.
Clause 113 - Call in of certain applications for hazardous substances consent to Department
Agreed: That the Committee is content with Clause 113 as amended by the Department.
Clause 114– Appeals and Effect of hazardous substances consent
Agreed: That the Committee is content with Clause 114 as drafted.
Clause 115 - Change of control of land
Agreed: That the Committee is content with Clause 115 as amended by the Department.
Clause 116 – Offences
Agreed: That a decision on this Clause is deferred until Departmental officials provide a list of the substances in the regulations, the level of fine in the Republic of Ireland, how often the fine has been used and clarification on who keeps the fines.
Clause 117 – Emergencies
Agreed: That the Committee is content with Clause 117 as drafted.
Clause 118 – Health and safety requirements
Agreed: That the Committee is content with Clause 118 as drafted.
Clause 119 – Applications by councils for hazardous substances consent
Agreed: That the Committee is content with Clause 119 as drafted.
Mr McGlone left the meeting at 11.22a.m.
Clause 120 - Planning permission to include appropriate provision for trees
Agreed: That the Committee is content with Clause 120 as drafted.
Clause 121 - Tree preservation orders: councils
Agreed: That the Committee is content with Clause 121 as drafted.
Clause 122 - Provisional tree preservation orders
Agreed: That the Committee is content with Clause 122 as drafted.
Clause 123 - Power for Department to make tree preservation orders
Agreed: That the Committee is content with Clause 123 as drafted.
Mr Trevor Clarke joined the meeting at 11.26a.m.
Mr Buchanan left the meeting at 11.28a.m.
Clause 124 - Replacement of trees
Agreed: That the Committee is content with Clause 124 as drafted.
Clause 125 - Penalties for contravention of tree preservation orders
Agreed: That the Committee is content with Clause 125 subject to a Committee amendment to raise the level of fine.
Clause 126 - Preservation of trees in conservation areas
Agreed: That the Committee is content with Clause 126 as drafted.
Clause 127 - Power to disapply section 126
Agreed: That the Committee is content with Clause 127 as drafted.
Clause 128 - Review of mineral planning permissions
Agreed: That the Committee is content with Clause 128 as drafted.
Clause 129 - Control of advertisements
Agreed: That the Committee is content with Clause 129 as drafted.
Clause 130 - Expressions used in connection with enforcement
Agreed: That a decision on this clause is deferred until Departmental officials provide information on how many closed breaches were brought to a conclusion or dropped and an indication of the types of open cases
Clause 131- Time limits
Agreed: That a decision on this clause is deferred until Departmental officials provide clarification on when a breach would occur, would this clause apply to open cases and an indication of the types of open cases.
Mr McGlone rejoined the meeting at 11.48a.m.
Clause 132 - Power to require information about activities on land
Agreed: That the Committee is content with Clause 132 as drafted.
Clause 133 - Penalties for non-compliance with planning contravention notice
Agreed: That the Committee is content with Clause 133 subject to amendments proposed by the Department to raise the level of fine from level 3 to level 5 and to ensure a consistent approach throughout the Bill.
Clause 134 - Temporary stop notice
Agreed: That the Committee is content with Clause 134 as drafted.
Clause 135 - Temporary stop notice
Agreed: That the Committee is content with Clause 135 as drafted.
Clause 136 - Temporary stop notice: restrictions
Agreed: That the Committee is content with Clause 136 as drafted.
Clause 137 - Temporary stop notice: offences
Agreed: That the Committee is content with Clause 137 as drafted.
Clause 138 - Issue of enforcement notice by councils
Agreed: That the Committee is content with Clause 138 as drafted.
Clause 139 - Issue of enforcement notice by Department
Agreed: That the Committee is content with Clause 139 as drafted.
Clause 140 - Contents and effect of enforcement notice
Agreed: That the Committee is content with Clause 140 as drafted.
Clause 141 - Variation and withdrawal of enforcement notices by councils
Agreed: That the Committee is content with Clause 141 as drafted.
Clause 142 - Variation and withdrawal of enforcement notices by Department
Agreed: That the Committee is content with Clause 142 as drafted.
Clause 143- Appeal against enforcement notice
Agreed: That the Committee is content with Clause 143 as drafted.
Clause 144 - Appeal against enforcement notice - general supplementary provisions
Agreed: That the Committee is content with Clause 144 as drafted.
Clause 145 - Appeal against enforcement notice - supplementary provisions relating to planning permission
Agreed: That the Committee is content with Clause 145 as drafted.
Clause 146 - Execution and cost of works required by enforcement notice
Agreed: That the Committee is content with Clause 146 as drafted.
Clause 147 - Offence where enforcement notice not complied with
Agreed: That the Committee is content with Clause 147 as drafted.
Clause 148 - Effect of planning permission, etc., on enforcement or breach of condition notice
Agreed: That the Committee is content with Clause 148 as amended by the Department.
Clause 149 - Enforcement notice to have effect against subsequent development
Agreed: That the Committee is content with Clause 149 as drafted.
Clause 150 - Service of stop notices by councils
Agreed: That the Committee is content with Clause 150 as drafted.
Clause 151 - Service of stop notices by Department
Agreed: That the Committee is content with Clause 151 as drafted.
Clause 152 - Enforcement of conditions
Agreed: That a decision on Clause 152 is deferred until the meeting on 15 February 2011.
Clause 153 - Fixed penalty notice where enforcement notice not complied with
Agreed: That a decision on Clause 153 is deferred until the meeting on 15 February 2011.
Clause 154 - Fixed penalty notice where breach of condition notice not complied with
Agreed: That a decision on Clause 154 is deferred until the meeting on 15 February 2011.
Clause 155 - Use of fixed penalty receipts
Agreed: That the Committee is content with Clause 155 as drafted.
Clause 156 – Injunctions
Agreed: That the Committee is content with Clause 156 as drafted.
Clause 157 - Issue of listed building enforcement notices by councils
Agreed: That the Committee is content with Clause 157 as drafted.
Clause 158 - Issue of listed buildings enforcement notices by Department
Agreed: That the Committee is content with Clause 158 as drafted.
Clause 159 - Appeal against listed building enforcement notice
Agreed: That the Committee is content with Clause 159 as drafted.
Clause 160 - Effect of listed building consent on listed building enforcement notice
Agreed: That the Committee is content with Clause 160 as amended by the Department.
Clause 161 - Urgent works to preserve building
Agreed: That the Committee is content with Clause 161 as drafted.
Clause 162 - Hazardous substances contravention notice
Agreed: That the Committee is content with Clause 162 as drafted.
Clause 163 - Variation of hazardous substances contravention notices
Agreed: That the Committee is content with Clause 163 as drafted.
Clause 164 - Enforcement of duties as to replacement of trees
Agreed: That the Committee is content with Clause 164 as drafted.
Clause 165 - Appeals against section 163 notices
Agreed: That the Committee is content with Clause 165 as drafted.
Clause 166 - Execution and cost of works required by section 163 notice
Agreed: That the Committee is content with Clause 166 as drafted.
Clause 167 - Enforcement of controls as respects trees in conservation areas
Agreed: That the Committee is content with Clause 167 as amended by the Department.
Clause 168 - Enforcement of orders under section 72
Agreed: That the Committee is content with Clause 168 as drafted.
Clause 169 - Certificate of lawfulness of existing use or development
Agreed: That the Committee is content with Clause 169 as drafted.
Clause 170 - Certificate of lawfulness of proposed use or development
Agreed: That the Committee is content with Clause 170 as drafted.
Clause 171 - Certificates under sections 168 and 169: supplementary provisions
Agreed: That the Committee is content with Clause 171 as drafted.
Clause 172 - Offences
Agreed: That the Committee is content with Clause 172 as drafted.
Clause 173 - Appeals against refusal or failure to give decision on application
Agreed: That the Committee is content with Clause 173 as drafted.
Clause 174 - Further provisions as to appeals under section 172
Agreed: That the Committee is content with Clause 174 as amended by the Department.
Clause 175 - Enforcement of advertisement control
Agreed: That the Committee is content with Clause 175 as drafted.
Clause 176 - Rights to enter without warrant
Agreed: That the Committee is content with Clause 176 as drafted.
Clause 177 - Right to enter under warrant
Agreed: That the Committee is content with Clause 177 as drafted.
Mr Buchanan rejoined the meeting at 12.27p.m.
Clause 178 - Rights of entry: supplementary provisions
Agreed: That the Committee is content with Clause 178 as drafted.
Clause 179 - Compensation where planning permission is revoked or modified
Agreed: That the Committee is content with Clause 179 as drafted.
Clause 180 - Modification of the Act of 1965 in relation to minerals
Agreed: That the Committee is content with Clause 180 as drafted.
Clause 181 - Compensation where listed building consent revoked or modified
Agreed: That the Committee is content with Clause 181 as drafted.
Clause 182 - Compensation in respect of orders under section 72, 74 or 111
Agreed: That the Committee is content with Clause 182 as drafted.
Clause 183 - Compensation in respect of tree preservation orders
Agreed: That the Committee is content with Clause 183 as drafted.
Clause 184 - Compensation where hazardous substances consent modified or revoked under section 115
Agreed: That the Committee is content with Clause 184 as drafted.
Clause 185 - Compensation for loss due to stop notice
Agreed: That the Committee is content with Clause 185 as drafted.
Clause 186 - Compensation for loss or damage caused by service of building preservation notice
Agreed: That the Committee is content with Clause 186 as drafted.
Mr Ross left the meeting at 12.33p.m.
Clause 187 - Compensation for loss due to temporary stop notice
Agreed: That the Committee is content with Clause 187 as drafted.
Clause 188 - Compensation where planning permission assumed for other development
Agreed: That the Committee is content with Clause 188 as drafted.
Clause 189 - Interpretation of Part 6
Agreed: That the Committee is content with Clause 189 as drafted.
Clause 190 - Service of purchase notice
Agreed: That the Committee is content with Clause 190 as drafted.
Clause 191 - Purchase notices: Crown land
Agreed: That the Committee is content with Clause 191 as drafted.
Clause 192 - Action by council following service of purchase notice
Agreed: That the Committee is content with Clause 192 as drafted.
Clause 193 - Further ground of objection to purchase notice
Agreed: That the Committee is content with Clause 193 as drafted.
Clause 194 - Reference of counter-notices to Lands Tribunal
Agreed: That the Committee is content with Clause 194 as drafted.
Clause 195 - Effect of valid purchase notice
Agreed: That the Committee is content with Clause 195 as drafted.
Mr McGlone left the meeting at 12.34p.m.
Clause 196 - Special provision as to compensation under this Part
Agreed: That the Committee is content with Clause 196 as drafted.
Mr McGlone rejoined the meeting at 12.40p.m.
Clause 197 - Historic Buildings Council
Agreed: That the Committee is content with Clause 197 as drafted.
Clause 198 - Grants and loans for preservation or acquisition of listed buildings
Agreed: That the Committee is content with Clause 198 as drafted.
Clause 199 - Acquisition of listed buildings by agreement
Agreed: That the Committee is content with Clause 199 as drafted.
Clause 200 - Acceptance by Department of endowments in respect of listed buildings
Agreed: That the Committee is content with Clause 200 as drafted.
Clause 201 - Compulsory acquisition of listed buildings
Agreed: That the Committee is content with Clause 201 as drafted.
Clause 202 - The Planning Appeals Commission
Agreed: That a decision on Clause 202 is deferred until the meeting on 15 February 2011.
Mr Kinahan left the meeting at 12.50p.m.
Mr Willie Clarke left the meeting at 12.52p.m.
Clause 203 - Procedure of appeals commission
Agreed: That the Committee is content with Clause 203 as drafted.
Clause 204 - Assessment of council’s performance
Agreed: That the Committee is content with Clause 204 as drafted.
Clause 205 - Assessment of council’s decision making
Agreed: That the Committee is content with Clause 205 as drafted.
Clause 206 - Further provision as respects assessment of performance or decision making
Agreed: That the Committee is content with Clause 206 as drafted.
Clause 207 - Report of assessment
Agreed: That the Committee is content with Clause 207 as drafted.
Clause 208 - Application to the Crown
Agreed: That the Committee is content with Clause 208 as amended by the Department.
Clause 209 - Urgent Crown development
Agreed: That the Committee is content with Clause 209 as drafted.
Clause 210 - Urgent works relating to listed buildings on Crown land
Agreed: That the Committee is content with Clause 210 as drafted.
Clause 211 - Enforcement in relation to the Crown
Agreed: That the Committee is content with Clause 211 as drafted.
Clause 212 - References to an estate in land
Agreed: That the Committee is content with Clause 212 as drafted.
Clause 213 - Applications for planning permission, etc. by Crown
Agreed: That the Committee is content with Clause 213 as drafted.
Clause 214 - Service of notices on the Crown
Agreed: That the Committee is content with Clause 214 as drafted.
Clause 215 - Correction of errors in decision documents
Agreed: That a decision on Clause 215 is deferred until the meeting on 15 February for the Department to consider a possible amendment to the wording.
Clause 216 - Correction notice
Agreed: That the Committee is content with Clause 216 as drafted.
Clause 217 - Effect of correction
Agreed: That the Committee is content with Clause 217 as drafted.
Clause 218 – Supplementary
Agreed: That the Committee is content with Clause 218 as drafted.
Clause 219 - Fees and charges
Agreed: That the Committee is content with Clause 219 as drafted.
Clause 220 - Grants for research and bursaries
Agreed: That the Committee is content with Clause 220 as drafted.
Clause 221 - Grants to bodies providing assistance in relation to certain development proposals
Agreed: That the Committee is content with Clause 221 as amended by the Department.
Clause 222 - Contributions by councils and statutory undertakers
Agreed: That the Committee is content with Clause 222 as amended by the Department.
Clause 223 - Contributions by departments towards compensation paid by councils
Agreed: That the Committee is content with Clause 223 as amended by the Department.
Clause 224 - Duty to respond to consultation
Agreed: That a decision on Clause 224 is deferred until the meeting on 15 February 2011 to allow the Department to consider an amendment that a non reply from a statutory consultee is deemed as an approval.
Clause 225 – Minerals
Agreed: That the Committee is content with Clause 225 as drafted.
Clause 226 - Local inquiries
Agreed: That the Committee is content with Clause 226 as drafted.
Clause 227 - Inquiries to be held in public subject to certain exceptions
Agreed: That the Committee is content with Clause 227 as drafted.
Clause 228 - Directions: Secretary of State
Agreed: That the Committee is content with Clause 228 as drafted.
Clause 229 - Directions: Department of Justice
Agreed: That a decision on Clause 229 is deferred until the meeting on 15 February 2011 in anticipation of a response from the Department.
Clause 230 - National security
Agreed: That the Committee is content with Clause 230 as drafted.
Clause 231 - Rights of entry
Agreed: That the Committee is content with Clause 231 as amended by the Department.
Clause 232 - Supplementary provisions as to powers of entry
Agreed: That the Committee is content with Clause 232 as drafted.
Clause 233 - Supplementary provisions as to powers of entry: Crown land
Agreed: That the Committee is content with Clause 233 as drafted.
Clause 234 - Service of notices and documents
Agreed: That the Committee is content with Clause 234 as drafted.
Clause 235 - Information as to estates in land
Agreed: That the Committee is content with Clause 235 as drafted.
Clause 236 - Information as to estates in Crown land
Agreed: That the Committee is content with Clause 236 as drafted.
Clause 237 - Planning register
Agreed: That the Committee is content with Clause 237 as drafted.
Clause 238 - Power to appoint advisory bodies or committees
Agreed: That the Committee is content with Clause 238 as drafted.
Clause 239 - Time limit for certain summary offences under this Act
Agreed: That the Committee is content with Clause 239 as amended by the Department.
Clause 240 - Registration of matters in Statutory Charges Register
Agreed: That the Committee is content with Clause 240 as amended by the Department.
Clause 241 – Directions
Agreed: That the Committee is content with Clause 241 as drafted.
Clause 242 - Regulations and orders
Agreed: That the Committee is content with Clause 242 as drafted.
Clause 243 – Interpretation
Agreed: That the Committee is content with Clause 243 as drafted.
Clause 244 - Further provision
Agreed: That the Committee is content with Clause 244 as drafted.
Clause 245 - Minor and consequential amendments
Agreed: That the Committee is content with Clause 245 as drafted.
Clause 246 – Repeals
Agreed: That the Committee is content with Clause 246 as drafted.
Clause 247 – Commencement
Agreed: That the Committee is content with Clause 247 subject to a draft Committee amendment.
Clause 248 - Short title
Agreed: That the Committee is content with Clause 248 as drafted.
Schedule 1 - Simplified planning zones
Agreed: That the Committee is content with Schedule 1 as drafted.
Schedule 2 - Review of old mineral planning permission
Agreed: That the Committee is content with Schedule 2 as drafted.
Schedule 3 - Periodic review of mineral planning permissions
Agreed: That the Committee is content with Schedule 3 as drafted.
Schedule 4 - Amendments to the Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)
Agreed: That the Committee is content with Schedule 4 as drafted.
Schedule 5 - The Historic Buildings Council
Agreed: That the Committee is content with Schedule 5 as drafted.
Schedule 6 - Minor and consequential amendments
Agreed: That the Committee is content with Schedule 6 as drafted.
Schedule 7 – Repeals
Agreed: That the Committee is content with Schedule 7 as drafted.
The Chairperson suspended the meeting at 1.35p.m. for lunch.
Mr Weir joined the meeting at 2.25p.m.
The meeting resumed at 2.25p.m. with the following members present: Mr Boylan, Mr Savage, Mr Willie Clarke, Mr Buchanan, Mr Weir.
The Chairperson informed members they now needed to consider Clauses that had been deferred from the meeting on 8 February 2011.
Mr Wilson rejoined the meeting at 2.29p.m.
Clause 1 - General functions of Department with respect to development of land
Agreed: That a decision on Clause 1 is deferred until the meeting on 15 February 2011 to allow the Department to consider amendments.
Clause 3 – Survey of district
The Chairperson informed members that they had been provided with a copy of a draft Committee amendment to Clause 3 to put climate change on the face of the Bill.
The Committee divided:
AYES
Mr McGlone
Mr Boylan
Mr Willie Clarke
Mr Wilson
NOES
Mr Buchanan
Mr Weir
Mr Savage
The Committee amendment was therefore agreed.
Clause 5 - Sustainable development
Agreed: That the Committee is content with Clause 5 subject to a Committee amendment.
Clause 10
Agreed: That the Committee is content with Clause 10 as amended by the Department.
Mr Weir left the meeting at 3.07p.m.
Clauses 33 – 38 – Simplified Planning Zones
Agreed: That a decision on Clauses 33 – 38 is deferred until the meeting on 15 February 2011 to allow the Department to consider an amendment to include thresholds, business cases and time periods with simplified planning zones.
Mr McGlone left the meeting at 3.10p.m.
Clauses 41 – 42 - Notice, etc., of applications for planning permission; Notification of applications to certain persons
Agreed: That the Committee is content with Clauses 41 – 42 as drafted.
Clause 44 - Appeal against notice under section 43
Agreed: That a decision on Clause 44 is deferred until the meeting on 15 February 2011.
Mr McGlone rejoined the meeting at 3.20p.m.
Mr Weir rejoined the meeting at 3.20p.m.
Agreed: That the Departmental officials report back to the Committee on the possibility of including a two year review on the face of the Bill.
Mr Savage left the meeting at 3.53p.m.
Agreed: That information on planning agreements is forwarded to the Committee.
Agreed: That the Departmental officials report back to the Committee with further information on the Department’s arrangements for paying for legal advice.
Mr Weir left the meeting at 4.15p.m.
6. Proposal for secondary legislation
SL1 - Proposed amendments to bus and coach construction regulations
Agreed: That the Committee is content for the Department to proceed with the policy.
7. Statutory Rules
Carbon Reduction Efficiency Scheme (Amendment) Order 2011
Agreed: That the Committee considered the Carbon Reduction Efficiency Scheme (Amendment) Order 2011 and is content with the Order
SR 2011/18 – The Motor Vehicle Testing (Electronic Communications) Order (NI) 2011
Question put and agreed:
‘That the Committee for the Environment has considered SR 2011/18 – The Motor Vehicle Testing (Electronic Communications) Order (NI) 2011 and has no objection to this rule subject to the Examiner of Statutory Rules report’.
SR 2011/20 – The Motor Vehicles (Construction and Use) (Amendment) Regulations (NI) 2011
Question put and agreed:
‘That the Committee for the Environment has considered SR 2011/20 – The Motor Vehicles (Construction and Use) (Amendment) Regulations (NI) 2011 and has no objection to this rule subject to the Examiner of Statutory Rules report’.
SR 2011/21 – The Motor Vehicles (Driving Licences) (Amendment) Regulations (NI)
Question put and agreed:
‘That the Committee for the Environment has considered SR 2011/21 – The Motor Vehicles (Driving Licences) (Amendment) Regulations (NI) and has no objection to this rule subject to the Examiner of Statutory Rules report’.
8. Consultations
Consultation on changes resulting from Commission Directives 2009/112/EC and 2009/113/EC
Agreed: That a synopsis of responses to the consultation is requested.
UK wide consultation on powers to stop commercial vehicles – synopsis of responses
Agreed: That the Committee is content for the Department to proceed with the policy.
The Road Traffic (Financial Penalty Deposit) (Interest) Order (Northern Ireland) – synopsis of responses, press release and timetable
Agreed: That the Committee is content for the Department to proceed with the policy.
9. Correspondence
Request from Culture, Arts and Leisure Committee to forward a letter to the Minister of the Environment re the possible impact of the 2011 – 2015 Budget in relation to Inland Fisheries.
Agreed: That the letter is forwarded to the Minister of the Environment.
Request from Culture, Arts and Leisure Committee to forward a letter to the Minister of the Environment re zebra mussel population.
Agreed: That the letter is forwarded to the Minister of the Environment.
Members noted the following items of correspondence:
Departmental update regarding the sale agreement between the NIEA and Dr McCutcheon.
E-mail detailing the link to IRMG’s latest report ‘The Emergence of Risks: Contributing Factors’.
E-mail regarding WWF launch of The Energy Report: 100% Renewable Energy be 2050.
10. Date, time and place of next meeting
The next meeting will be held on Tuesday 15 February 2011 at 12.45p.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 4.30p.m.
Cathal Boylan
Chairperson, Committee for the Environment
17 February 2011
3 February 11 / Menu
