COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 15 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 Peter Weir
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:
The meeting began in public session at 12.55p.m.
1. Apologies
There were no apologies.
2. Planning Bill – Formal clause by clause consideration
The Chairperson informed members that they had been provided with a tabled letter from the Minister in relation to mineral extraction fees.
Agreed: That a copy of the letter is forwarded to QPANI.
The Chairperson informed members that they now needed to consider the remaining Clauses of the Planning Bill which members had agreed to defer at the meeting on 10 February 2011.
Clause 1 - General functions of Department with respect to development of land
The Chairperson asked members if they were content to agree the Committee amendment to require the Department to promote or improve social wellbeing.
The Committee divided:
AYES
Mr Boylan
Mr Willie Clarke
Mr McGlone
Mr Kinahan
NOES
Mr Ross
Mr Buchanan
Agreed: That the Committee is content with Clause 1 subject to a Departmental amendment to further sustainable development and a Committee amendment to require the Department to promote or improve social wellbeing.
Mr Weir joined the meeting at 1.08p.m.
Mr Trevor Clarke joined the meeting at 1.09p.m.
Clauses 33 -38 – Simplified planning zones
Agreed: That the Committee is content with Clauses 33 – 38 as drafted.
Mr McGlone wished it to be noted that he did not agree with these clauses.
Clause 58 – Appeals
The Chairperson reminded members that they were content with Clause 58 as drafted at the meeting on 10 February 2011 but that during informal clause scrutiny of Clause 202 the Committee asked the Department to consider an amendment to stop the practice of new information being presented at appeals. The Department had replied to state that the amendment to bring about this requirement will be made with a new clause after Clause 58.
Agreed: That the Committee is content with a new clause after Clause 58 to prevent any new material being presented after an appeal has been lodged unless it could not have been presented at the time or there were exceptional circumstances for it not being presented.
Clauses 84 and 125 - Control of works for demolition, alteration or extension of listed buildings and Penalties for contravention of tree preservation orders
Agreed: That the Committee is content with Clauses 84 and 125 as drafted and that it should make a recommendation in its report for Tree Protection Orders to be put in place quickly to avoid trees being destroyed in the interim period before fines were raised.
Clause 102 - Acts causing or likely to result in damage to listed buildings
Agreed: That the Committee is content with Clause 102 subject to a Departmental amendment to raise the level of fine from level 3 to level 5 and subject to a Committee amendment to provide for an option of conviction on indictment.
Mr Willie Clarke left the meeting at 1.28p.m.
Clause 107 – Requirement of hazardous substances consent
The Chairperson informed members they were previously content with Clause 107 as drafted but had asked for further information from the Department clarifying the respective roles of the Planning Authority and NIEA in relation to its enforcement.
Agreed: That the Committee is content with the Department’s response.
Clause 116 – Offences
Agreed: That the Committee is content with Clause 116 subject to The Departmental amendment to raise the level of fine to £100,000.
Agreed: That although it has already agreed the clauses as drafted, the Committee is content with the Departmental amendments to raise the level of fine to £100,000 in Clauses 136, 146 and 149 if tabled as Consideration Stage by the Department.
Mr Willie Clarke rejoined the meeting at 1.33p.m.
Clauses 130 and 152 - 154 - Expressions used in connection with enforcement; Enforcement of conditions; Fixed penalty notice where enforcement notice not complied with; Fixed penalty notice where breach of condition notice not complied with
Agreed: That the Committee is content with Clauses 130, 152, 153 and 154 as drafted.
Clauses 131 and 44 - Time limits and Appeal against notice under section 43
The Chairperson asked members if they were content to agree a Committee amendment that would make both time limits 4 years for breaches of planning control.
The Committee divided:
AYES
Mr Boylan
Mr Willie Clarke
NOES
Mr Weir
Mr Ross
Mr McGlone
Mr Buchanan
Mr Kinahan
The Departmental officials stated that the Department would be prepared to introduce an amendment to make both time limits 5 years for breaches of planning control.
Agreed: That the Committee is content with Clauses 131 and 144 subject to a Departmental amendment to make both time limits 5 years for breaches of planning control.
Clause 202 - The Planning Appeals Commission
The Chairperson informed members that they deferred this clause pending an amendment from the Department that would allow costs to be awarded where a party has been put to unnecessary expense and where PAC has established that the other party has acted unreasonably.
The Chairperson further informed members that they had been provided with the Department’s response which indicated that two new clauses would be brought forward after clause 202 to allow for the awarding of costs.
Agreed: That the Committee is content with the Departmental amendment introducing new clauses to allow for the awarding of costs by the appeals commission where a party has been put to unnecessary expense.
Agreed: That the Committee is content with Clause 202 as drafted
Clause 215 - Correction of errors in decision documents
Agreed: That the Committee is content with Clause 215 as amended by the Department.
Clause 224 - Duty to respond to consultation
Agreed: That the Committee is content subject to a Committee amendment to insert a new Clause after Clause 187.
Agreed: That the Committee is content with Clause 224 as drafted.
Clause 229 - Directions: Department of Justice
Agreed: That the Committee is content with Clause 229 subject to a Departmental amendment to refer to the Attorney General.
Two Year Review of the implementation of the Bill:
The Chairperson informed members that the Committee had asked the Department to consider an amendment to introduce a mandatory review period of the new planning system once it has been devolved to local authorities.
The Minister had stated he would not be bringing forward an amendment on this issue.
The Chairperson informed members that they had been provided with a draft Committee amendment which suggested introducing a new clause which will require the Department to review the system within 3 years of the Bill commencement and at least once every 5 years thereafter.
The Chairperson asked members if they were content to agree the Committee amendment requiring the Department to conduct a review within 3 years of the Planning Bill being implemented and thereafter every 5 years.
The Committee divided:
AYES
Mr Boylan
Mr Willie Clarke
NOES
Mr Trevor Clarke
Mr Buchanan
Mr Ross
Mr Kinahan
Mr Weir
The amendment was not agreed.
Community Amenity Level:
The Chairperson asked members if they were content to agree an amendment to provide powers for the Department to introduce a Community Amenity Levy if and when it deems appropriate.
The Committee divided:
AYES
Mr Kinahan
Mr Boylan
Mr Willie Clarke
NOES
Mr Weir
Mr Ross
Mr Buchanan
Mr Trevor Clarke
The amendment was not agreed.
Agreed: That the Committee makes a recommendation in its report that the Department explores in more detail the opportunities that might be available through an infrastructure/amenity levy.
Mr Kinahan left the meeting at 2.28p.m.
The Committee considered the possibility of an amendment to require the Department to prepare a land use strategy to be used to provide a template and give consistency for major/regionally significant planning decisions made at the centre.
Agreed: The Committee agreed not to make an amendment or recommendation on this issue.
The Chairperson informed members they had been provided with a Departmental amendment to Schedule 2.
Agreed: That the Committee is content with Schedule 2 as amended by the Department.
The Chairperson informed members they had been provided with a submission on the Planning Bill form Belfast Civic Trust.
Agreed: That the submission is included in the final Committee report with a note that it arrived after the closing date for submissions.
3. Date, time and place of next meeting
The next meeting will be held on Thursday 17 February 2011 at 10.00a.m. in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 2.34p.m.
Cathal Boylan
Chairperson, Committee for the Environment
17 February 2011
10 February 11 / Menu
