18 January 2010 1 MINUTES of the Meeting of the Environmental ...

18 January 2010
MINUTES of the Meeting of the Environmental Services Committee
held in the Council Chamber, Town Hall, Carrickfergus, on
MONDAY, the EIGHTEENTH day of JANUARY 2010, at the hour of
7.35 o’clock pm pursuant to the Town Clerk’s summons calling the
Meeting, the following Members were present:
Councillor E Ferguson, Chairman Presiding
Aldermen:
W Ashe
P McKinney
M M Beattie
D W Hilditch
Councillors: R Beggs C J Brown I E Day
S C Dickson D Ferguson W Hamilton
J McClurg L McClurg L Marsden
J L Neeson
An apology for non-attendance was received on behalf of Councillor
Clements.
The following Officials were in attendance:-
Mr A Barkley
Miss A Beacom
Director of Environmental Services
Senior Committee Clerk
REPORT FROM DIRECTOR OF ENVIRONMENTAL SERVICES
Report from Director of Environmental Services for the month of
December 2009, read and considered.
ARISING OUT OF THE REPORT
ES.1/10
(ES.79/09)
Planning Consultation Returns
Members had been circulated with a breakdown of planning
consultations processed for period 16 December 2009 – 11 January
2010, for information purposes.
Noted.
Arising out of the foregoing, Alderman Hilditch referred to parking
and access difficulties for Council’s refuse collection vehicles at
Cloughlands Park and Davys Street. He therefore Proposed that in
terms of planning consultations, Council should ensure that such
issues were highlighted in Council responses in order to avoid such
difficulties in the future.
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18 January 2010
The Proposal was Seconded by Councillor Neeson, & AGREED to
recommend accordingly.
ES.2/10
DARD Proposals for Changes to Dog Control Legislation
(a) Consultation Workshops
Members had been circulated with copy letter dated 22 December
2009 from DARD, Animal Health & Welfare Policy Division, giving
details of consultation workshops on proposals for changes to dog
control legislation and how to respond.
It was noted that no Officer would be attending.
(b) Response to Proposals for Changes to Legislation
Members were informed that DARD was seeking views on proposals
for changes to the legislation governing dogs and dog control issues
in Northern Ireland. The proposals would amend the Dogs (Northern
Ireland) Order 1983 to enhance the system of dog licensing, make
micro chipping of dogs compulsory and make it an offence to allow a
dog to attack another dog.
The proposals would also increase the cost of a dog licence, with
concessions for older people and for those with neutered dogs, and
increase fines and penalties for certain offences under the Dogs (NI)
Order 1983.
In this connection, Members had been circulated with copy response
to the consultation document which had been drafted by the Dog
Wardens from the ten Councils in the Northern Group area.
The Officers had looked carefully at the proposals put forward and
suggested several changes which they felt would increase
responsible dog ownership and make enforcing the legislation
easier. They had also recommended larger increases to the dog
licence fee to improve the percentage of costs recovered by Councils
to provide a Dog Warden service.
Council was requested to endorse the consultation response to the
(NI) Order 2006.
Alderman Ashe, supported by Councillor Hamilton expressed
concern that the controls referred to under question 3 were not
animal friendly. The Director advised that these possible control
items were not compulsory and could be added to a licence and only
applied where the dog had a specific problem.
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18 January 2010
Councillor L McClurg queried if the response had been checked with
the Officer or Council before being forwarded to the Group meeting.
The Director clarified that the ten Dog Wardens from the Northern
Group along with the Chief Environmental Health Officer from
Ballymoney Borough Council had spent a considerable time in
preparing this collective view. The issues involved would have been
discussed with him.
COUNCILLOR DAY LEFT THE MEETING AT THIS STAGE.
Councillor Brown requested a copy of Council’s submission.
The Director clarified that the Dog Warden had attended a Group
Committee meeting which had considered the matter in the same
way as other issues. While this Council did not make a specific set
of proposals, there was an agreed submission from the Group which
had then been circulated to Members. The Director had discussed
the issues verbally with the Dog Warden and Legal Officer and the
points had then been made at the Group meeting. A composite
response from the Group had then been drawn up.
It was Proposed by Councillor Neeson, Seconded by Alderman
Hilditch, & AGREED to recommend that the consultation response
be adopted and forwarded to the Department.
Arising out of the foregoing, Councillor Hamilton referred to the
problem of cat fouling in the Sunnylands/Woodburn areas and he
was of the view that there should be some way of taking some action
in this regard.
COUNCILLOR NEESON LEFT THE MEETING AT THIS STAGE.
ES.3/10
Draft High Hedges Bill – Department of the Environment
Consultation Document
Members were informed that the Department of the Environment had
issued a consultation on a draft High Hedges Bill. The main aim of
the Bill was to provide a means of redress for owners or occupiers of
domestic property who allege an adverse effect on the enjoyment of
their property due to the height of a neighbouring high hedge.
The consultation, which closed on 1 March 2010, may be viewed and
downloaded at www.doeni.gov.uk/highhedges2.htm.
It was Proposed by Councillor Beggs, Seconded by Alderman
Hilditch, & AGREED to recommend that Members forward any
comments to the Officer; report to be submitted to the February
Committee meeting.
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18 January 2010
ES.4/10
Alcohol and the Night-Time Economy – Seminar
In response to growing concerns relative to the ‘night-time economy’,
a number of areas in Northern Ireland had introduced initiatives to
tackle the crime, disorder and anti-social behaviour associated with
excessive alcohol consumption.
This issue was also being addressed elsewhere in the United
Kingdom (and the Republic of Ireland) and was one which local
politicians were becoming increasingly aware of. This issue was
also acknowledged within the new strategic direction for alcohol and
drugs, Northern Ireland’s alcohol and drug strategy and its
underpinning Young People’s Drinking Action Plan.
In recognition of the key role of the ‘night-time economy’, a number
of organisations had joined together to host a regional Seminar to
look at building a safe and sustainable ‘night-time economy’ across
Northern Ireland.
In this connection, Members had been circulated with copy details
and an agenda for the Seminar to be held on 24 February 2010, at
the Tullyglass Hotel.
In response to a query, the Director confirmed that he would be
attending this Seminar and although there was no fee, there was a
mileage cost.
(ES.7/09)
Alderman Hilditch referred to recent meetings in relation to
anti-social activities facilitated by the DPP Manager/Director of
Building Services and he felt there should be a link up with other
Officers in different Departments.
Councillor Beggs was of the view that it was important for all
agencies to work with businesses to minimise anti-social behaviour
and Council had previously taken a decision to work in partnership
with such bodies. In this connection, he requested feedback on what
progress had been made and stated that there was a need for the
Director of Environmental Services to liaise closely with the licensing
function of Building Services to ensure that efforts were not being
duplicated. The Director undertook to report back to Members.
Councillor Dickson expressed support for details of the Seminar
being made available to other relevant Officers/Members.
It was Proposed by Councillor L McClurg, Seconded by Alderman
Hilditch, & Unanimously AGREED to recommend the attendance of
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18 January 2010
the Director together with other relevant Officers, for example
Community Safety Partnership, DPP, Building Services, etc.
ES.5/10
(ES.22/08)
Draft Clean Neighbourhoods and Environment Bill
Members had been circulated with copy letter dated 22 December
2009, from the Department of the Environment, forwarding a brief
outline of proposals for a consultation exercise on the draft Clean
Neighbourhoods and Environment Bill by the end of January 2010,
subject to Executive approval.
The Bill was based on corresponding provisions in the Clean
Neighbourhoods and Environment Act 2005, concerning gating
orders; vehicles; litter; graffiti and other defacement; controls on
dogs; noise; and various miscellaneous issues including Fixed
Penalty receipts, abandoned shopping and luggage trolleys,
statutory nuisances and offences relating to pollution. The
provisions concerning graffiti and other defacement and some
aspects of the provisions concerning noise are also based on
corresponding provisions in the Anti-Social Behaviour Act 2003,
as amended by the 2005 Act.
While welcoming the proposed Bill, Alderman Hilditch queried what
extra resources would be made available with the extra authority
granted to Councils.
In terms of fly posting and graffiti, Councillor Brown enquired as to
the impact on the Borough’s Bye-Laws. The Director clarified that fly
posting was not covered by Bye-Laws. Under current legislation,
Council could serve a notice to remove fly posting or Council can
remove the posters and charge. He confirmed that this had occurred
in the past.
Alderman McKinney drew attention to the ongoing problem of fly
posting by one individual. The Director confirmed that he had
already written to the individual concerned and would now be
seeking to meet with him regarding the next stage.
In response to a query from Councillor J McClurg, the Director
advised that Council did not have Bye-Laws for dog control.
In reply to Councillor Marsden, the Director understood that fines on
summary conviction would be enforced by the Northern Ireland
Environment Agency through the Magistrate’s Court.
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18 January 2010
ES.6/10
(ES.45/09)
Fish Culture Licence
The feeling of the meeting was that there was no reason why this
item could not be discussed in the public domain.
Members had been circulated with copy report and recommendation
on the re-submission of a proposal from Mr Kevin Steele, trading as
Kragshell of Langford Close, Carrickfergus, regarding gaining a Fish
Culture Licence covering part of the shoreline in Carrickfergus. As a
result of some queries raised when the application was previously
before the Committee, additional information had now been
provided.
It was recommended that Council grant consent in principle for the
use of three designated areas between Carrickfergus Castle and
Fisherman’s Quay in which to relay periwinkles.
Given that the beach belonged to the people of the town, Councillor
Hamilton expressed opposition to issuing any licences for the areas
as this would restrict others from collecting shellfish. He drew
attention to the infrequency of the operation (several times a year)
and was concerned that if Council granted a licence, all periwinkles
would become the property of the leaseholder and others using the
beach could be disturbing the product. He opposed anyone being
given an exclusive right to the beach.
Councillor Marsden queried whether Council granting a licence
carried any liability, given similar cases of litigation. The Director
stated that the licence would be granted by Department of
Agriculture and Regional Development and Council was only
granting consent to use the foreshore.
Councillor Dickson drew attention to the fact that the proposed
licensee would seed the area so this would increase the harvesting
opportunities and he would be entitled to gain some of the benefits.
It was Proposed by Alderman Hilditch, Seconded by Councillor
Dickson, & AGREED to recommend that an invitation be extended to
the applicant to attend a meeting of the Committee to further discuss
the matter.
COUNCILLOR MARSDEN LEFT THE MEETING AT THIS STAGE.
Councillor Brown requested that the applicant be advised to contact
Crown Estates who owned all land between high and low water.
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18 January 2010
IT WAS PROPOSED BY COUNCILLOR L McCLURG, SECONDED
BY ALDERMAN McKINNEY, & AGREED THAT THE FOLLOWING
ITEM BE DISCUSSED ‘IN COMMITTEE’.
IT WAS PROPOSED BY COUNCILLOR BROWN, SECONDED BY
ALDERMAN McKINNEY, & AGREED THAT THE MEETING DO
NOW RESUME.
ES.8/10
(ES.84/09)
Arc21 Presentation
Members were advised that Mr Richard Burnett of Arc21 had
contacted the Director of Environmental Services with regard to
conducting a briefing for each political party on the Mechanical
Biological Treatment and Energy from Waste proposals. If this met
with Members’ approval, the Officer would arrange suitable dates
and times to enable this to occur.
It was Proposed by Councillor D Ferguson, Seconded by Alderman
McKinney, & AGREED to recommend accordingly.
ES.9/10
(C.23/10)
Waste Sub-Committee – Minutes
Members had been circulated with copy minutes of the Waste
Sub-Committee meetings held on 9 September, 12 November and
22 December 2009 for adoption.
It was Proposed by Councillor D Ferguson, Seconded by Alderman
McKinney, & AGREED to recommend adoption of the minutes.
(ES.1/10)
Arising out of the foregoing, Alderman Hilditch referred to the
ongoing difficulties for refuse collection vehicles gaining access to
Cloughlands Park and Davys Street because of parked vehicles.
He enquired if there was further action which could be taken to
alleviate the situation as residents may have to bring their bins to the
Larne Road if the problems continued.
The Director advised that he had already written to residents and
would deal with the matter on an individual basis.
CONCLUSION OF MEETING
The meeting terminated at 8.25 pm, when those Members present
were as listed on page 1, with the exception of Councillor Day who
left at 7.40pm, Councillor Neeson who left at 7.45pm and Councillor
Marsden who left at 8.05 pm.
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18 January 2010
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