Agenda and minutes

            Apologies for inability to attend were reported from Councillors Campbell, Hendron and McKenzie.

(minutes of the meeting of 18^th January)

            The minutes of the meeting of 18th January were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 1st February, subject to the amendment of the minute under the heading “Consultation on Proposals to Change Dog Control Legislation” to reflect that in answer to Question 10 the Council agrees that it should be an offence to allow a dog to attack another dog.

            The Committee considered the undernoted report:

“Relevant Background Information

      The figures presented in this report cover the third quarter of the financial year i.e. the period from October 2009 to December 2009.  Monitoring figures were measured by Cleansing Services Quality Officers.  Enforcement, and Education and Awareness information was supplied by the Customer Support Service and the Community Awareness Section within Cleansing Services, which were responsible for these functions over the period concerned.

      The monthly monitoring programme consists of a random 5% sample of streets throughout the city being inspected and graded.  From the grading, a Street Cleanliness Index is calculated and plotted for the various areas of the city and the city as a whole.

      The index range is from 1 to 100, with a Cleanliness Index of 67 being regarded as an acceptable standard by Tidy NI.  The results show the trends on a month to month basis.  To alleviate the influence of spurious results on the overall index, the results are averaged over the last 4 surveys.  Spurious results may occur for reasons such as adverse weather conditions, seasonal problems etc.

Key Issues

      The overall city wide cleanliness index for this quarter is 74.  This is a slight increase from the previous quarter’s cleanliness index of 73.  The index for the same period in the previous year was 72.

      The breakdown by individual area is as follows:

North

The North Cleanliness Indices for October 2009 to December 2009 were 69, 72 and 70 respectively.  This represents an increase for November (up 3), and decreases for October (down 3) and a small decrease for December (down 1), by comparison to those figures for the same period in the previous financial year viz. 72, 69 and 71 respectively. 

The area however is maintaining a good to very good level of cleanliness.

South

The South Cleanliness Indices for October 2009 to December 2009 were 78, 78 and 78 respectively.  This represents an increase for all months, with October (up 3), November (up 2) and December (up 5) by comparison to those figures for the same period in the previous financial year viz. 75, 76 and 73 respectively.

The area is maintaining a consistently very good level of cleanliness.

East

The East Cleanliness Indices for October 2009 to December 2009 were 77, 77 and 77 respectively.  This represents an increase for October (up 3) and November (up 2), and a similar score for December (77), by comparison to those figures for the same period in the previous financial year viz. 74, 75 and 77 respectively.

The area is maintaining a consistently very good level of cleanliness.

      West

The West Cleanliness Indices for October 2009 to December 2009 were 70, 72 and 74 respectively.  This represents a similar score for October (70), and increases for November (up 3) and December (up 5), by comparison to those figures for the same period in the previous financial year viz. 70, 69 and 69 respectively. 

The area is maintaining a good to very good  ...  view the full minutes text for item 3a

            The Director of Health and Environmental Services reminded the Committee that the Building Control Service was responsible for the issuing of inspection fee accounts under the Building (Prescribed Fees) Regulations (Northern Ireland) 1982.  He reported that a number of debtors who had submitted applications to undertake building works had failed to pay their accounts and, despite procedures for the recovery of outstanding debts having been implemented, they remain unpaid.  The accrued outstanding debts to date amounted to £17,578.75, which represented 0.81% of the Service’s estimated income for 2009/10, and he submitted for the information of the Members a schedule providing details of the accounts.

            He stated that these accounts fell within the provisions of the Council’s Financial Regulations regarding the writing-off of unrecoverable debts and he recommended, in accordance with Section K12 of the Regulations, that the amount of £17,578.75 be written off.

            The Committee adopted the recommendation.

            The Committee was informed that the Northern Ireland Building Regulation Advisory Committee, which was a statutory body established under the Building Regulations (Northern Ireland) Order, provided guidance to the Department of Finance and Personnel on all matters relating to the implementation of new and amended building regulations.  The Director of Health and Environmental Services reported that the Committee comprised seventeen persons, some of whom were drawn from specialists in the industry, in addition to Elected Members who represented the public’s interest.  He reported that Mr. D. Rogan, Building Control Manager, had been invited to become a member of the Advisory Committee for the next three years.  He explained that Mr. Rogan would be required to devote no more than six working days per year to Advisory Committee work and would receive no remuneration.

            The Director pointed out that the appointment would provide an important opportunity for the Council to be viewed as playing a crucial role in advising the Minister of Finance and Personnel in the formulation of policy and legislation which would be of benefit to the public.

            The Committee granted authority for Mr. Rogan to become a member of the Northern Ireland Building Regulation Advisory Committee.

            The Head of Waste Management informed the Committee that the Northern Ireland Environment Agency was responsible for the implementation and enforcement of environmental regulations, many of which required operators and their activities to be authorised and monitored.  The Agency was required to achieve full cost recovery for such functions through the application of fees and charges upon the companies which they regulated.  He reported that three units within the Agency, namely, the Industrial Pollution and Radio Chemical Inspectorate, the Land and Resource Management Unit and the Water Management Unit operated on this basis and, collectively, they generated approximately £5 million pounds of income per year.  This figure had increased significantly with the recent introduction of new regulatory responsibilities and controls.

                              He explained that the Northern Ireland Environment Agency was required to establish charges for individual schemes and regulations and that it was acknowledged that the number and complexity of differing charging arrangements, together with the processes and timeframes associated with their application, could create challenges for businesses.  In order to address this, the Agency had undertaken an assessment of its own schemes and that of associated agencies and had issued a consultation document seeking the views of its main stakeholders on proposals relating to the setting and revision of fees and charges.  He pointed out that the Council was regarded as being a stakeholder, since it was required to comply with the provisions of the Waste Management Licensing Regulations (Northern Ireland) 2003 and the Water (Northern Ireland) Order 1999, both of which were enforced by the Northern Ireland Environment Agency.  In fact, the Council had, since 2008, paid to the Agency approximately £25,000 per annum in licensing fees.  He informed the Members that the Agency was proposing to limit annual increases in charges in line with the Gross Domestic Product price deflator for a three-year period from April, 2010 till March, 2013.  This would enable it to reflect increasing costs to some degree, while a more substantial assessment of individual charging arrangements was undertaken, where required.

            The Head of Waste Management explained that arc21 had formulated recently a response to the Northern Ireland Environment Agency’s consultation document.  He provided a brief overview of its response and suggested that, in light of the recent accreditations gained by the Council in relation to environmental management and health and safety management, the Council should provide additional comments, requesting that a discounted fee and charging structure be applied to those organisations which had gained the relevant accreditations.  He suggested also that the Council request that, as a minimum, a regular programme of inspections be delivered annually by the Agency.  Accordingly, he recommended that the Committee approve the undernoted response of arc21, together with those additional comments proposed by the Council:

“arc21’s Draft Response

Introduction

      Arc21 is a collaborative legal public sector entity embracing eleven Councils located along the Eastern Region of Northern Ireland which covers 25% of the land base, populated by 57% of the national population and accounts  ...  view the full minutes text for item 5a

            The Committee was reminded that, at its meeting on 18th January, it had been advised of proposals for the establishment between the Council and the Public Health Agency of a Joint Public Health Unit with a view to addressing health inequalities and reducing the gap in life expectancy between people residing in more affluent areas of the City and those living in the most deprived neighbourhoods.  This work linked directly to the Council’s overall objective of improving quality of life now and for future generations.  The Head of Environmental Health reported that the Review of Public Administration within the health and social care sector had recognised the contribution made by local government in improving health and wellbeing through, amongst other things, its joint planning with various partner organisations.  As a result, Elected Members had been appointed to both the Local Commissioning Group and the Board of the Public Health Agency.  Furthermore, the Review of Public Administration process within local government would introduce a new power of wellbeing for District Councils.  She reported further that the Council, at its meeting on 5th January, had referred to the Health and Environmental Services Committee a Notice of Motion directing the Committee to put in place a mechanism to ensure that all relevant Council policies were assessed to ascertain to what extent they contributed to achieving a reduction in health inequality.  A report in this regard would, in the near future, be submitted to the Committee.

            The Head of Environmental Health pointed out that, in view of the enhanced role for both Elected Members and officers in the field of health and wellbeing, Belfast Healthy Cities had undertaken recently, across a number of organisations, including the Council, an audit of training and development and capacity levels and skills available currently in this sector.  As part of the process, Elected Members and officers had been interviewed by the organisation and, as a result, a number of recommendations had been formulated which set out how the required capacity levels could be developed.  Belfast Healthy Cities had now begun to progress some of these recommendations and had put in place a capacity building programme centred around a series of seminars, to be led by experts in various aspects of health.  She provided an overview of the seminars, which would take place on several dates from February till November, and pointed out that there would be no cost for attendance at the events.

            After discussion, the Committee agreed that any Member of the Committee who so wished be authorised to attend the Belfast Healthy Cities Capacity Building Programme.

            The Committee considered the undernoted report:

“Relevant Background Information

      The Draft Local Air Quality Management Policy Guidance LAQM  PGNI (09) Document represents major aspects of policy in respect of ambient air quality management. It includes policy guidelines on air quality reviews and assessments, air quality action planning, transport planning and land use planning. It is designed to replace the Local Air Quality Management Policy Guidance which was issued in 2003 and which has been used to date by Council officers engaged in the Local Air Quality management process.

      The United Kingdom is required legally to achieve European Union Limit Values for a range of ambient air pollutants.  Local measures, such as air quality action planning, are one of the most important means by which the UK Government can meet these limit values. The Draft Guidance recognises that improved air quality has significant health benefits and determines that district councils, together with relevant authorities, are best placed to improve air quality at localised hot spots and deliver both health benefits and improved quality of life.

      In August 2004, Belfast City Council declared the following four Air Quality Management areas across the city:

1)   the M1 Motorway and Westlink corridor;

2)   Cromac Street to the junction of the Short Strand, Woodstock Link and the Albertbridge Road;

3)   the Upper Newtownards Road; and

4)   the Ormeau Road.

      The Air Quality Management Areas were declared because of a combination of exceedances of the UK Nitrogen Dioxide (NO₂) and Particulate Matter (PM₁₀) air quality objectives and EC limit values.

      In May 2006, the Belfast City Air Quality Action Plan was issued. It proposed a series of measures and actions designed to deliver reductions in pollution levels by 2010.  An Updating and Screening Assessment (USA) carried out in 2009 indicated that there had been some improvements. A Detailed Assessment is to be carried out in 2010 to establish what steps may need to be taken to ensure that the Council continues to meet its responsibilities under the Environment (NI) Order 2002.

Key Issues

      After 7 years of engagement in the Local Air Quality Management process, considerable experience and knowledge has been built up by Council staff with regard to how best to achieve improvements in local air quality. The review of the existing Local Air Quality Management Policy Guidance is timely and necessary.

      It is considered that significant aspects of the draft policy document will have a positive input and will support the Council in working towards the improvement of air quality within Belfast. This is especially the case in relation to Section 2. – Measures to Improve Air Quality, where a series of Annexes provide useful information and guidance.

      There are however some concerns relating to Section 1. – Local Air Quality Management – Overview of Processes and Principles.

      The 2003 Guidance Document states that ‘This guidance is designed to help relevant authorities, which may be a Northern Ireland Department, a district council and  ...  view the full minutes text for item 6b

            The Committee considered the undernoted report:

“Relevant Background Information

      In May 2009, the Department for Social Development (DSD) published a consultation document entitled ‘Building Sound Foundations: A Strategy for the Private Rented Sector’.  The Council provided a detailed response to this consultation at that time and the Department has indicated that, subject to the results of that consultation, the proposals in the strategy will be included in a proposed Housing Bill.

      On 7th December, the Department published a further consultation in relation to the Housing Bill with additional proposals for the regulation of Houses in Multiple Occupation (HMO), different approaches to tackle fuel poverty and a range of suggestions to build upon existing powers to deal with homelessness and community safety with regard to tenants.  The consultation period ends on 26th February, 2010.

      The key issues are set out below, however, the Department has included a list of questions at the end of each chapter of its consultation document.  A completed draft response to this consultation is attached.

Key Issues

·         A new definition of HMO is already included in the Housing (amendment) Bill which will require clarification of familial relationships.  The Department is therefore seeking views on the best way to implement the proposals on the evidence of family relationships.  The Council has previously written to the Department expressing concerns about the lack of consultation on the change to HMO definition and the difficulties of establishing the veracity of family relationships.

·         Landlords will be required to notify the appropriate authority of any of their properties that appear to fall within the definition of an HMO.

·         Fines for non-compliance with the registration process for HMOs will increase to a maximum £20,000.

·         It is proposed that the Housing Executive will have powers to discharge its homelessness duties by securing accommodation in the private rented sector.

·         The Housing Executive and registered housing associations will have powers to broker energy / fuel at discounted prices for their tenants.

·         The Bill intends to extend the scope of injunctions against anti-social behaviour for social landlords.

·         The Bill proposes powers to enable the Housing Executive and registered housing associations to extend the trial period for an introductory tenancy for up to 6 months.

·         It is proposed to enable courts to grant ‘demotion orders’ in respect of Housing Executive and housing association secure tenancies where there is evidence of anti-social behaviour.

·         There will be clear guidelines for judges in possession cases which should ensure that decisions are more consistent.

·         The Housing Executive and registered housing associations will be enabled to withhold consent to an exchange of tenancies in certain specified cases and will be permitted to disclose information about possession orders, demotion orders, injunctions, etc. where such information is required.

·         The Housing Executive will be given power to take part in crime prevention initiatives.

·         The Department is seeking views on the most appropriate way to treat individuals who have been found to be unintentionally homeless and in priority need but are not considered suitable tenants for  ...  view the full minutes text for item 6c

            The Committee considered the undernoted report:

“Relevant Background Information

      On 14th December, 2009, the Department of Health, Social Services and Public Safety launched a public consultation to seek views on proposals for strengthening sanctions against retailers who sell tobacco products to children and young people under 18 years of age.  The public consultation paper and completed response questionnaire are attached. The consultation closes on 12th March 2010.

      Children and Smoking

      Smoking is the single greatest cause of preventable illness and premature death in Northern Ireland, killing around 2,300 people each year.  Recent research in Northern Ireland indicates that 77% of adult smokers started to smoke in their teens and that almost 9% of children aged 11-16 are now regular smokers.   More work needs to be done to prevent children and young people from starting to smoke and reducing the availability of tobacco products to under 18s is key to this.

      Studies done with children who smoke in England and Scotland show that their primary source for purchasing tobacco is shops (England – 57% of children; Scotland – 82% of 15 year olds & 47% of 13 year olds).

      Current Controls

      On 30th April 2007, the Smoking (Northern Ireland) Order 2006 came into effect to protect people from second hand smoke by preventing smoking in most workplaces and public places. 

      On 1st September, 2009 the minimum age to purchase tobacco products was increased from 16 to 18 years old by the introduction of the Children and Young Persons (Sale of Tobacco etc) Regulations (Northern Ireland) 2008.  Following this, BelfastCity Council has provided advice to all retailers to inform them of this and have been monitoring compliance by carrying out test purchases with children.   Since April 2009, Council officers have carried out 30 test purchasing exercises in Belfast and 16 premises have sold cigarettes to the 13 and 14 year old volunteers.  To date, 14 of these have been successfully prosecuted.

      England introduced a negative licensing scheme for retailers on 1st April 2009.  A negative licensing scheme is where a shop does not need an official licence to sell tobacco but when they are found to be selling tobacco to persons under 18 years of age, their right to sell tobacco could be suspended or withdrawn for a period of time.  The Scottish Government is also proposing a registration scheme that would create a national database administered by the Scottish Government along with negative licensing.

Key Issues

      There are six options put forward for consideration in the consultation by the Department of Health, Social Services and Public Safety.  These are:-

Option 1   –   Do nothing;

Option 2   –   Require registration of retailers;

Option 3   –   Introduce accreditation for retailers

                      (a non mandatory licence);

Option 4   –   Introduce a negative licensing system;

Option 5   –   Introduce a positive licensing system administered by either the Northern Ireland Courts Service or District Councils; and

Option 6   –   Combining a registration scheme with a negative licensing system.  ...  view the full minutes text for item 6d

            The Committee considered the undernoted report:

“Relevant Background Information

      In December 2009, the Minister for the Department of the Environment (DOE) launched a public consultation seeking views on the draft High Hedges Bill.

      In England and Wales, the introduction of the Anti-Social Behaviour Act 2003 gave local Councils powers to deal with high hedges, however, there is currently no legislation in Northern Ireland governing the height or maintenance of a hedge.

      Disputes between neighbours regarding high hedges are common but there is currently little which can be done under statute to resolve the matter. Problems of this type may have increased in recent years due to greater urban density and also due to the availability of low-cost and often very fast-growing hedges which need to be regularly trimmed to prevent them becoming a nuisance. Currently, the only legal redress a householder can seek regarding a neighbour’s high hedge is through civil action, the costs of which can often be prohibitive.  It is, therefore, appropriate that the Department of the Environment is seeking to address this anomaly through the introduction of High Hedges legislation.

      The Department has indicated that responses to the consultation should be received by them by 1st March, 2010.   A draft response is attached.

Key Issues

·         The Department’s document seeks views on the draft Bill to enable District Councils to deal with nuisance high hedges.

·         The Council welcomes legislation that would assist householders who are adversely affected by high hedges.

·         A high hedge is defined in the Bill as a hedge which must:

·         Be formed wholly or predominantly by evergreen or semi-evergreen

·         trees or shrubs;

·         Consist of a line of two or more trees or shrubs;

·         Measure more than 2 metres from ground level (measured on the

·         hedge-owner’s side);

·         Act as a barrier to light or access;

·         Be affecting residential property; and

·         Be growing on land owned by someone other than the person making the complaint

·         The Council would have the discretion to charge a fee from the complainant to recover administration and investigation costs and to deter malicious or frivolous complaints.

·         Councils in England and Wales have set fees for processing a complaint averaging between £350 to £650.

·         The complainant must be able to demonstrate that they have attempted to communicate or mediate with the hedge owner in advance of the Council agreeing to take action. In England and Wales complainants have experienced difficulty in obtaining mediation services so care needs to be taken that similar problems don’t arise here.

·         The Department will need to provide District Councils with clear guidance on the evidence required for demonstrating that initial communication and mediation has taken place.

·         The Department would need to resource awareness raising campaigns for the public and guidance on the legislation including advice on planting hedges, maintaining them and ensuring that nesting birds are protected.

·         The Department needs to clarify the issue of liability where a high hedge subsequently dies after it is cut back by order of the Council.

·         The Council would be  ...  view the full minutes text for item 6e

            The Committee considered the undernoted report:

“Relevant Background Information

      Introduction

      At its meeting on 18th January, the Committee was advised that funding had still not been secured for the capital costs of rolling out an alleygating scheme across the City but that, to ensure that gates could be erected as quickly as possible after the receipt of funding, the Community Safety Team intended to carry out house-to-house surveys and to make applications to the Roads Service for Road Traffic Orders to be made. However, the Committee requested more detailed information on the areas that would be included in this exercise and the rationale for such prioritisation.

      Committee Decisions on a Citywide Scheme

      Since the pilot scheme was completed in 2008, the Council has continued to receive requests for further gates and has maintained a register of interest covering over 200 locations.  The Committee has previously received reports on proposals for the phased roll out of a citywide scheme which would be implemented once funding becomes available.

      At an early stage it was recognised that demand would be likely to outstrip available resources.  Therefore it was agreed that a robust selection process should be developed to help prioritise potential areas for gating.  Deloitte was then engaged to develop prioritisation criteria and, at its meeting on 6 May 2009, the Committee agreed to distribute the potential Council capital funding package of £500,000 (not yet approved) equally across the city (north, south, east and west) using the prioritisation process recommended by Deloitte.  This process recommended that, given the limited resources available, the criteria should be applied to those streets noted on the register of interest at that time, as to go out to open call would unrealistically raise community expectations.  These decisions were taken following party group briefings and a number of Committee meetings after it was referred back from Council.  However, after a number of minor adjustments, the decision was ratified by the Council on 1 June 2009.

      The Committee also supported the development of a proposal to the Council’s Capital Programme for £500,000 and wrote to the Ministers responsible for Criminal Justice, Roads and Social Development regarding the necessity for a regional funding package(s).   Unfortunately significant funding has not yet been agreed, however a report on the capital project is to be presented to the Strategic Policy and Resources Committee in March and it is hoped that the Minister for Criminal Justice will announce a Northern Ireland Wide Scheme in the near future.

      The Strategic Policy and Resources Committee of 5th May, 2009 agreed the term contract for the provision and installation of alleygates for a three year period. This was to enable expedient erection of gates once funding is made available.

      In addition, to offer communities the alternative of installing privately financed gates, until such time as funding is in place, the Committee agreed to cover insurance, liability and maintenance costs for gates that meet Council standards (most recent decision: 4 November 2009).  At its meeting on 2  ...  view the full minutes text for item 6f