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Appendix 1 MINUTES OF PROCEEDINGS THURSDAY, 14 JUNE 2001 Present: Rev Dr Wm McCrea MP (Chairperson) Apologies: Mr M McLaughlin In attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.31am. 8 Planning (Amendment) Bill Mr E Poots left the meeting at 1.10pm. The Committee discussed the Department's request to give an initial presentation on its proposals. Agreed: To receive a presentation from the Department on 28 June 2001. REV DR WILLIAM McCREA [Extract] THURSDAY, 28 JUNE 2001 Present: Rev Dr Wm McCrea (Chairperson) Apologies: Mr A Doherty In attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.18am. 4. Presentation on proposals for a draft Planning Amendment Bill Mr D Small, Mr J Lambe and Mr N McKillen, Officials from the Department joined the meeting at 11.57. They gave a presentation on the proposed draft Bill. Mr E Poots joined the meeting at 12.01pm. After their presentation, the Officials answered questions of concern from the Members. Mr M McLaughlin left the meeting at 12.35pm. The Chairperson thanked the Officials and they left the meeting at 12.47pm. Mr D Watson left the meeting at 12.47pm. Agreed: That the Officials would return in September to update the Committee on progress and how the Committee's concerns will be addressed. REV DR WILLIAM McCREA [Extract] THURSDAY, 20 SEPTEMBER 2001 Present: Rev Dr Wm McCrea (Chairperson) Apologies: Mr J Leslie In attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.03am. 7. Proposals for the Planning Amendment Bill Mr J McConnell, Mr J McClelland, Mr Ian Maye and Mr David Small, Officials from the Department, joined the meeting at 12.35am. Mr D Ford rejoined the meeting at 12.40am. The Officials gave a presentation on the current proposals for the forthcoming Planning Amendment Bill and responded to some of the queries raised at their previous attendance on 28 June 2001. Mrs J Carson left the meeting at 1.02pm. Mr E Poots left the meeting at 1.11pm. The Chairperson thanked the Officials for their attendance and they left the meeting at 1.17pm. Mr D Ford left the meeting at 1.17pm. Agreed: To ask the Department for a copy of the QUB research. REV DR WILLIAM McCREA [Extract] THURSDAY, 6 DECEMBER 2001 Present: Rev Dr Wm. McCrea (Chairperson) Apologies: Mr A Doherty In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.31 a.m. 7. Any other Business (ii) The Committee briefly discussed the presentation by Departmental Officials at its 20 September 2001 meeting on the Planning (Amendment) Bill. Agreed: To clarify any outstanding questions the Committee might have on this issue. REV DR WILLIAM McCREA [Extract] THURSDAY, 10 JANUARY 2002 Present: Rev Dr Wm. McCrea (Chairperson) Apologies: Ms C Hanna In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.34 a.m. 7. Planning (Amendment) Bill The Committee considered a letter from the Minister of the Environment on the above Bill including the Department's decision not to proceed with the Committee's proposals for this Bill to deal with third Party Appeals or to create a new offence where development has taken place without planning permission. The letter advised the Committee that a Policy Memorandum on the draft Bill is being presented to the Executive Committee. Agreed: To write to the Department seeking a copy of the agreed Policy Memorandum and highlighting that it is likely that the Committee will invite the Minister and Officials to discuss the Memorandum. REV DR WILLIAM McCREA [Extract] THURSDAY, 7 FEBRUARY 2002 Present: Rev Dr Wm. McCrea (Chairperson) Apologies: Mrs J Carson In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 11.37 a.m. 2. Matters Arising (ii) The Committee considered a letter from the Department of the Environment in which the Department agreed to provide a summary of the Planning (Amendment) Bill Policy Memorandum when it has been agreed by the Executive Committee. Agreed: To write to the Department of the Environment requesting an immediate copy of the Policy Memorandum. To invite Departmental Officials to give a presentation on the progress of the Planning (Amendment) Bill at next week's meeting. REV DR WILLIAM McCREA [Extract] THURSDAY, 21 FEBRUARY 2002 Present: Rev Dr Wm. McCrea (Chairperson) Apologies: Mrs J Carson In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.32 a.m. 4. Planning Issues Ms Cynthia Smith, Mr Ian Maye, Mr David Small and Mr John McClelland, Officials of the Department, joined the meeting at 10.38am. Mr D McClarty joined the meeting at 10.49am. After a presentation on proposals within the forthcoming Planning (Amendment) Bill, the Officials answered questions from the Members. Mr D McClarty left the meeting at 11.38 a.m. The Officials then gave a presentation on Modernising Planning Processes, a Consultation Document from the Department. After this, they answered questions from the Members. The Officials left the meeting at 12.07pm. Agreed: To forward some further questions on the Planning (Amendment) Bill to the Department. REV DR WILLIAM McCREA [Extract] THURSDAY, 2 MAY 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Ms P Lewsley (Deputy Chairperson) In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.31 a.m. 6. Planning (Amendment) Bill Ms Cynthia Smith, Mr Ian Maye, Mr David Small and Mr Jackie Lamb, Departmental Officials, joined the meeting at 10.44am to discuss the Bill. Key issues discussed included the Department's response to the Committee concerns regarding unauthorised development before planning permission, Third Party Appeals, enforcement measures and level of fines. Departmental Officials agreed to copy the draft Bill to the Committee as soon as possible, together with the Department's proposals to the NIO for new offences and higher fines. The Chairman thanked the Officials for the presentation and Mr Lamb left the meeting at 11.46am. The remaining the Officials were then joined by Mr John Linden for the next item. Mr McClarty left the meeting at 11.46am Mr Ford left the meeting at 11.46am REV DR WILLIAM McCREA [Extract] THURSDAY, 30 MAY 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Mrs J Carson In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.30 a.m. 5. Planning (Amendment) Bill Mr David Small and Mr Ian Maye, Departmental Officials, joined the meeting at 11.34am. Officials answered Members' questions on the proposed Bill. Key issues discussed included the timescale for the introduction of the proposed Bill, the case for higher levels of fines and new offences in the proposed legislation and the need for a proper analysis of the consultation exercise on the proposed Bill. Ms Lewsley left the meeting at 12.05pm The Chair thanked the Officials and they left the meeting at 12.19pm. Agreed: The Department to provide further information to the Committee, including a draft of the case for higher fines or new offences and an analysis of responses to the Department's consultation. REV DR WILLIAM McCREA [Extract] THURSDAY, 13 JUNE 2002 Present: Dr Wm McCrea (Chairperson) Apologies: Mr B Armstrong In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.30 am. 6. Planning (Amendment) Bill The Committee considered the way forward on the Bill, which was introduced to the Assembly on 10 May 2002. Agreed: The Committee agreed to write a number of key interested parties about the Bill. Members also agreed to consider appointing a Specialist Advisor to assist the Committee with the technical aspects/implications of the Bill. REV DR WILLIAM McCREA [Extract] THURSDAY, 27 JUNE 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Mrs J Carson In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.31 a.m. 4. Planning (Amendment) Bill Mr David Small and Mr Hugh McKay, Departmental Officials, joined the meeting at 11.42am. They gave a presentation and answered Members' questions on the three policy papers prepared by the Department in light of recent research commissioned from Queens University Belfast. Mr Watson left the meeting at 11.54am Key issues discussed included Third Party Appeals, Unauthorised Development and Levels of Fines. The Chair thanked the Officials and they left the meeting at 12.31pm. Agreed: The Committee to await the draft cases being prepared by the Department for the creation of a new offence re unauthorised development and for a further increase the level of fines. REV DR WILLIAM McCREA [Extract] THURSDAY, 4 JULY 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Mrs J Carson In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.30 a.m. 4. Planning (Amendment) Bill Ms Marlene Hempton, Mr Jackie Lambe and Mr Hugh McKay, Departmental Officials, joined the meeting at 11.25am. They gave a structured clause-by-clause presentation on the Bill and answered Members' questions. Mr Molloy left the meeting at 11.32am Mr Poots left the meeting at 11.46am Mr Poots rejoined the meeting at 11.50am Ms Lewsley left the meeting at 11.55am Key issues discussed included Stop Notices, Enforcement of the legislation, Unauthorised Development, Tree Preservation Orders and Third Party Appeals. The Chair thanked the Officials and they left the meeting at 12.15pm. Agreed: The Committee to await papers on draft cases being prepared by the Department for the creation of a new offence re Unauthorised Development and for further increases to the level of fines. A paper on Third Party Appeals is also awaited. REV DR WILLIAM McCREA [Extract] THURSDAY, 5 SEPTEMBER 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Mr F Molloy In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.31 am. 5. Planning (Amendment) Bill Mr David Small and Mr Jackie Lambe, Departmental Officials, joined the meeting at 11.42am. They gave a presentation on the Department's analysis of the sixteen responses received to the Committee's consultation on the Bill and how these have been addressed (or not) in the Bill. They also answered Members' questions on the Bill. Mr Armstrong left the meeting at 11.50am. Mr McClarty left the meeting at 12.26pm. Mrs Carson left the meeting at 12.32pm. Key issues discussed included Planning Contravention Notices, Enforcement of Conditions, and Time Limits on Enforcement Action, Enforcement Notices and Appeals against these, Offence where Enforcement Notice is not complied with, Execution of works required by Enforcement Notice and Stop Notices. The Chair thanked the Officials and they left the meeting at 12.34pm. Agreed: Officials to return to the Committee next week to respond to points raised and to continue their presentation and discussion with the Committee. REV DR WILLIAM McCREA [Extract] THURSDAY, 12 SEPTEMBER 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Ms P Lewsley (Deputy Chairperson) In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.01 am. 2. Planning (Amendment) Bill The Minister of the Environment, together with Mr Ian Maye, Mr Jackie Lambe and Mrs Marlene Hempton: Departmental Officials, joined the meeting at 10.02 am. The Minister spoke to and discussed with Members two papers submitted to the Committee on major policy issues and then answered Members' questions. Key issues discussed included Third Party Appeals, increasing the level of fines within the Bill and the introduction of a new offence to commence development without planning permission. The Minister agreed that his Department would issue a full public consultation on the issue of the introduction of Third Party Appeals into the planning system in Northern Ireland and the consultation would commence before Christmas 2002. The Chair thanked the Minister and Officials and the discussion ended at 10.25 am. REV DR WILLIAM McCREA [Extract] THURSDAY, 3 OCTOBER 2002 Present: Dr Wm. McCrea (Chairperson) In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.30am. 3. Planning (Amendment) Bill Mr Ian Maye, Mr David Small and Mr Jackie Lambe, Departmental Officials joined the meeting at 10.35am. They spoke to and answered Members' questions on a letter from the Minister of the Environment and on concerns with specific Clauses of the Bill, that Members had raised during the Committee meeting of 19 September 2002. Mr Ford joined the meeting at 10.37am. Key issues discussed included levels of fines for breaches of planning law, custodial sentences, Stop Notices and protection of trees. Officials also addressed Members' concerns over the power to dismiss appeals in the case of undue delay, the statutory definition of 'curtilage', Building Preservation Notices and compensation. Mr McClarty left the meeting at 11.23am. The Chair thanked the Officials and they left the meeting at 11.24am Agreed: To invite Officials back to next week's meeting to address Members' outstanding concerns. REV DR WILLIAM McCREA [Extract] THURSDAY, 10 OCTOBER 2002 Present: Dr Wm. McCrea (Chairperson) Apologies: Mr F Molloy In Attendance: Mr J Simmons (Committee Clerk) The meeting commenced at 10.30am. 3. Planning (Amendment) Bill Mr Ian Maye, Mr Wilfred Reavie and Mr Jackie Lambe, Departmental Officials joined the meeting at 10.37am. They gave a presentation and answered Members' questions on a letter from the Minister of the Environment to the Secretary of State proposing to increase the maximum level of fine in a Magistrate's Court for breaches of planning control to £30,000 and to make it an offence to commence development without planning permission. Members also considered a letter from the Minister of the Environment to the Committee regarding Stop Notices and Article 40 agreements. Mr Armstrong joined the meeting at 10.39am Mr McClarty left the meeting at 10.46am The Committee also considered a written submission on the Bill from the Belfast Metropolitan Residents' Group. Officials agreed to urgently return to the Committee on this and a number of other issues raised by the Committee. The Chair thanked the Officials and they left the meeting at 10.52am. Members considered a draft Interim Report on the Bill containing an account of the factual evidence received up to and including today by the Committee. Agreed: To invite Officials back to next week's meeting to address the Committee's outstanding concerns. That the Interim Report on the Bill is ordered to be printed. REV DR WILLIAM McCREA [Extract] |
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