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