Agenda and minutes

Apologies were reported on behalf of Councillors Bradshaw, Corr and Haire

            The minutes of the meeting of 22nd January were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Shadow Council at its meeting on 9th February.

            No declarations of interest were reported.

            The Committee was reminded that, at its meeting on the 22nd January, it had considered correspondence from the Northern Ireland Environment Agency (NIEA) in respect of proposals which had been formulated for the listing and de-listing of a number of buildings in Belfast. At that meeting, the Committee had deferred consideration of the following four specific buildings, which NIEA was proposing to de-list, to enable further information to be provided:

·        Arthur Chambers, 4 to 14 Arthur Street;

·        4 to 8 Church Lane (incorporating Miss Moran tobacconist) ;

·        10 Church Lane; and

·        Former Methodist Church facade, Donegall Square East.

            The Committee agreed unanimously that it would be opposed to the de-listing of the above-mentioned buildings and that a letter to that effect be forwarded to the NIEA.

            The Director outlined the contents of a report which gave an overview of the Council’s preparations for assuming responsibility for the planning function from 1st April onwards.  Specifically, he provided details of the work which had been undertaken to ensure a seamless transfer of business, particularly with regards to the processing of planning applications and enforcement matters.

            The Committee noted the information which had been provided.

            The Committee considered the following report:       

“1.0  Relevant background information

1.1    On 1st April 2015 a range of planning functions will transfer from Department of the Environment (DoE) to the council.  The more specialised functions in relation to environmental services were to be considered on the basis of a shared services approach due in part to the difficulty in maintaining service provision whilst disaggregating the functions across 11 council clusters. 

1.2    On transfer of the suite of local planning functions to local government the 11 councils will have responsibility for: Habitats Regulations Assessments (HRA) on planning applications; HRA for the preparation of Local Development Plans; and the consideration of the implications from development on European Sites (e.g. Special Areas of Conservation and Special Protection Areas).

1.3    The Shared Environmental Service (SES) model for was agreed by the Regional Transition Operational Board to be a suitable model to support local councils in carrying out these functions. The Mid & East Antrim Council offered to host the Service, on behalf of councils, subject to further consideration of service objectives and functions alongside the potential resourcing.

2.0    Key issues

2.1    The Mid and East Antrim Council has now confirmed that it is willing to host the Shared Environmental Service for local councils and has provided details of the proposed objectives and functions of the service (see Appendix 1).  It is proposed that the specialist SES team will provide expert advice and support to all the new councils from a base in County Hall Ballymena. 

2.2    The primary role of the SES team will be to carry out Habitats Regulations Assessments on planning applications and during the preparation of Local Development Plans to assess and advise on impacts on European Sites (e.g. Special Areas of Conservation and Special Protection Areas).  This function is essential to ensure that legal requirements in respect of these Habitats / Sites are fully met and to reduce the risk of challenge to planning decisions, development plans and policies.

2.3    The DoE have confirmed that the full costs for delivery of the Service will be transferred to Mid & East Antrim Council.  This means that there will be no ongoing cost to Belfast City Council in relation to the use of the shared services outlined in the appended letter.

2.4    In order to progress the preparations for the delivery of this service Mid & East Antrim Council are seeking agreement in principle that Belfast City Council will utilise the Service. The final agreement would be subject to the preparation of a Service Level Agreement to formalise the terms of delivery and governance arrangements for the service.

2.5    I would seek the agreement of your Council, in principle, to this Shared Service Model.  I would ask you identify a Liaison Officer from your Planning Service to work on a draft Service Level Agreement which will be presented to your Council in the next number of weeks.

2.6    As highlighted in the appended letter this is an important function in ensuring that risks are reduced  ...  view the full minutes text for item 4.

(Ms. N. Largey, Council Solicitor, attended in connection with this item.)

            The Committee considered the following report, together with the associated appendices as outlined:      

“1     Relevant Background Information

1.1    Members will recall that under Sections 7 and 19 of the Local Government (NI) Act 2014 the Council is required to put in place governance arrangements for the new Council as of 1st April 2015.

1.2    In addition, Section 31(1) of the Planning Act (NI) 2011 requires the Council to produce a scheme of delegation in relation to planning functions.   The overall objective of such a scheme is to ensure that arrangements for decision-making on applications for local developments are efficient whilst ensuring that proposals that raise strong local views or sensitive issues for the local environment can be dealt with by elected members.

1.3    Delegating determination of some planning applications to officers is also seen as a critical factor affecting the overall performance of the development management process as it helps ensure that decisions are taken at the most appropriate level, procedures are clear and transparent, costs are minimised and members have more time to concentrate on complex applications. 

1.4    At its meeting of 23rd October 2014, the Committee granted authority to officers to review the existing streamlining process and draft a Scheme of Delegation to include provision for safeguarding Members’ ability to have a decision brought before the Committee.

1.5    Party Group Briefings were undertaken in December 2014 in relation to the proposed scheme of delegation and operating protocol of the Committee. Since then extensive work has been undertaken by council officers and colleagues in the Planning Service to draft a Scheme of Delegation and Operating Protocol. 

2       Key Issues

         The main issues that emerged from the Party Group Briefings were:

·        Members should be able to determine those applications which they feel are important, including for example applications for dwellings of 5 or more;

·        Members should have the opportunity to fully consider those applications that are regarded to have the most significance and impact upon the city;

·        Sufficient safeguards should be built into the Scheme of Delegation for the Committee to consider applications that would otherwise normally be delegated.

2.2    A draft Scheme of Delegation is attached for member’s consideration at Appendix One.

2.3    Members will see that the Scheme does not apply to, amongst other things, the following:

·        All major applications;

·        Applications on Council land;

·        Applications for developments of 5 or more dwellings;

·        Demolition of listed buildings;

·        Change of use to purpose built student accommodation, houses of multiple occupation, amusement arcades and hot food bars.

2.4    Further safeguards have been included; namely:

·        Where a function is normally delegated but raises issues which the Director believes should be considered by the Committee, that application will be referred to the Committee; and

·        The Town Solicitor, in consultation with the Director, may refer a decision back to Committee for reconsideration.

2.5    Members are also referred to the draft Operating Protocol of the Committee which is attached at Appendix Two.

2.6  ...  view the full minutes text for item 5.