Rev Dr William McCrea (Chairperson)
Ms Lewsley (Deputy Chairperson)
Mr Armstrong
Mrs Carson
Mr Coyle
Mr Ford
Mr McClarty
Mr Molloy
Mrs Nelis
Mr Poots
Mr Watson

Mr I Maye )
Mr W Reavie ) Department of the Environment
Mr J Lambe )

The Chairperson: Welcome Mr Ian Maye, Mr Wilfred Reavie and Mr Jackie Lambe from the Department of the Environment.

Mr Lambe: I will begin with the Minister’s letter to the Secretary of State, which we said he would be writing to seek approval on two issues. First, that the maximum fine that can be imposed in the Magistrate’s Court should be increased from £20,000 to £30,000. That will apply to several clauses in the Bill, about which members had expressed concerns, and to two clauses in the Planning (Northern Ireland) Order 1991 which outline similar offences. Secondly, as I reported last week, the Minister had agreed to the creation of the new offence, and he is seeking the Secretary of State’s permission for the Assembly to consider inserting that as an amendment to the Bill.

The Chairperson: The Committee requested that, so we are satisfied.

Mr Maye: The Minister felt that it was important to write to the Secretary of State as quickly as possible and we will be pressing for an early response. Given the current political uncertainty, the Minister felt it necessary that the record should state that it was agreed.

The Chairperson: When was the matter supposed to go to the Executive?

Mr Maye: It went to the Executive last week and was agreed then. It was then forwarded to the Secretary of State.

The Chairperson: When you say that that went before the Executive Committee, were the increasing of the fine from £1,000 to £5,000 and the custodial sentence agreed?

Mr Maye: No. Those matters have yet to go before the Executive Committee. They are dealt with in the letter that the Minister sent to the Committee last week. We have booked a slot for that, and have prepared a draft paper to present to the Executive Committee. As normal, we will share that with the Committee as soon as it goes before the Executive.

The Chairperson: When did you send this letter to the Secretary of State? There is no date on the letter.

Mr Maye: We sent it yesterday.

The Chairperson: So it has been dated?

Mr Maye: Yes.

Mr Lambe: The Minister’s letter to the Committee deals primarily with three issues that we discussed at last week’s meeting and on 19 September. The first issue relates to stop notices. The Committee felt that stop notices should take effect immediately except when there is a specific reason for that not to be the case. The Minister has agreed to the Committee’s request, and we will propose amendments to reflect that in due course.

The second issue concerns the article 40 agreements. The Committee saw merit in a suggestion from Lisburn Borough Council that not only should councils be consulted when an application is submitted to the Department to modify, vary or discharge an article 40 agreement, but that councils should be involved in a consultative role when an article 40 agreement is being drawn up. Again, the Minister has accepted the Committee’s view on that, and we will propose amendments to the Bill.

The third issue concerns what the Department can do to protect trees, above what is provided by the Bill. The Department sought legal advice on that. Unfortunately, we have not received the advice. However, as soon as we have something more positive to report we will consult the Committee again.

The Chairperson: As you know, the Committee has stong views on this matter. We require legislation that does protect. When do you expect to have the advice?

Mr Maye: We are pressing for it, and we hope to have it within the next week or so. Mr Ford raised points on several occasions concerning what can be done to protect the underbrush.

Mr Ford: I took that to be part of your continuing trees consultation.

Mr Maye: It is, but I just wanted to confirm that.

Mr Ford: Do not worry, we will be back after suspension to ask you.

The Chairperson: Last week, the letter from Friends of the Earth was forwarded to you. We have not yet had a response.

Mr Maye: We are not yet in a position to respond. There is a submission going to the Minister on that matter.

The Chairperson: However, can I take it that you considering the letter and will answer it?

Mr Maye: Yes.

The Chairman: This morning, the Committee received a letter from the under-secretary of the Belfast metropolitan residents group on the Planning (Amendment) Bill. We will hand that to the Department. We would not like you to go away empty-handed feeling that the Committee had not given you something to chew on and digest.

The Committee has gathered substantial evidence on the Planning (Amendment) Bill. This is an appropriate time to get it published. The factual evidence gathered so far is making for a weighty document. Do Members agree that this is an appropriate time to publish the evidence?

The Chairperson: Factual evidence has also been given to the Committee on the Local Air Quality Management Bill. Do Members agree to publish the factual evidence?

Mrs Nelis: It appears that Roads Service and the developer will not have to consult with councils. I appreciate that we are dealing with a separate Department. However, I have drawn the Minister’s attention to a situation in Derry where a developer built houses on a road before it was abandoned.

Mr Maye: I am aware of that.

Mrs Nelis: People purchased houses in good faith but now cannot sell them as the developer has not constructed the road that he had promised when the other road was abandoned. This protracted case has been going on for months and there seems to be no resolution.

Mr Maye: I called a meeting with officials from Roads Service and planning officials from that area to see if we can find some way around that. I am sympathetic to the plight of those people. However, their solicitors did not provide them with a very good service, because the property certificates they received drew attention to that issue. The solicitors should have acted on that at the time of the purchase of those houses. I want to look closely at the issue because those people are in a very awkward position.

Mrs Nelis: How can we prevent such things from happening again? The developer was obviously aware that the abandonment notices had not been served, and he was also acutely aware of the legislation, but he went ahead and built the houses and sold them on.

Mr Maye: It comes down to more stringent enforcement and Planning Service having the resources to check developments, rather than waiting until the problems are drawn to the Department’s attention. That is a crucial element. In this case, the problems did not come to our attention until the purchasers had completed the sale of their houses, and then it was too late as the houses had already been built. The Department was faced with the choice of taking legal action, which could have resulted in those houses being demolished and taken from the property owners. We are trying to find some other way to address the problem. The way to tackle this situation is through stronger and more proactive enforcement.

The Department could tighten up the way in which it puts together the conditions that it applies to planning permissions. However, stronger and more proactive enforcement is the principal way of avoiding this sort of situation in the future.

The Chairperson: What was the position on advertisements — clause 21? You recommended a review of enforcement. However, is it acceptable that we should just wait for a review?

Mr Maye: At our last meeting I agreed to present the Committee with the review report when it is finalised and at that time I would listen to the Committee’s comments and determine how best to progress the issue.

The Chairperson: When will that be?

Mr Maye: It is to be hoped that that will happen in the next few months.

The Chairperson: You were to come back to the Committee on the compensation issue.

Mr Maye: We have not been able to pull together the information as yet, but we will do.

The Chairperson: It concerns clause 22, which is very important. When do you expect to receive a response?

Mr Maye: We hope to have a response in the next week.

The Chairperson: It is an urgent matter. Thank you for coming. The Committee appreciates your help. Major issues are still to be finalised and Members trust that they will be finalised to the satisfaction of all. Thank you very much.

3 October 2002  (iii) / Menu / 10 October 2002 (ii)