Agenda and minutes

            An apology for inability to attend was reported from Councillor McCabe.

            The Chairman, on behalf of the Committee, welcomed Councillor McNamee to her first meeting.

            The minutes of the meetings of 4th and 23rd August 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 September, subject to the omission of the minute of the meeting of 23rd August under the heading “Residual Waste Treatment Contract – Guaranteed Minimum Tonnages” which was taken back to the Committee for further consideration.

To consider further the minute of the meeting of 23^rd August under the heading “Residual Waste Treatment Contract - Guaranteed Minimum Tonnages” which was referred back to the Committee by the Council at its meeting on 1^st September (extract of minutes and additional report of Head of Waste Management herewith)

            The Committee considered further the undernoted minute of the meeting of 23rd August:

            “The Committee considered the undernoted report:

‘Relevant Background Information

      Members will recall that the Council’s recent Northern Ireland Landfill Allowance Scheme (NILAS) and recycling rate performance was presented to the Health and Environmental Services Committee meeting on 4th August.  This showed that, in the target year 2009/2010, the Council exceeded its landfill allowance by 1,376 tonnes, an overshoot of 1.9%.  The primary reason for this exceedence was the step change in the level of allowances between 2008/2009 and 2009/2010.  This means the Council will need to transfer in NILAS allowances from each of the arc21 constituent councils and the Council is presently working with arc21 to implement the methodology for these transfers.

      In terms of recycling, the Council’s tonnage has continued to grow and reached 34,417 tonnes by the end of March, which is 0.3% greater than the equivalent tonnage last year.  The Council’s provisional recycling rate for the financial year 2009/2010 is now 26.6%, subject to Department of the Environment (DOE) ratification.

      As outlined earlier this month, Members will be aware that the Council continues to work with arc21 to identify initiatives to divert additional tonnages from landfill for recycling and composting purposes. This is in order to achieve the EU Waste Framework Directive (WFD) and the EU Landfill Directive (LFD) and to close the gap between the current recycling rate and the 2020 EU WFD target of 50%.  Depending upon the nature of these initiatives, they could have a considerable impact on the residual waste which the Council is predicted to produce.

      The Committee is aware that arc21 is currently procuring a suitable contractor to operate both Mechanical/Biological Treatment (MBT) and Energy from Waste/Incinerator (EfW) facilities to treat the remaining residual waste cannot to be sent for recycling or composting.  As part of this procurement process, the Council now will have to declare what its guaranteed minimum tonnages will be to be sent for treatment to these facilities in future years.  Following comprehensive modelling and consideration between arc21 and its constituent councils, it has been determined that, subject to the introduction of new recycling and composting initiatives, each council should be prepared to commit 80% of its forecasted residual waste.

      This report, therefore, sets out to determine the proposed guaranteed minimum tonnage which the Council will commit to the arc21 residual waste project.

Key Issues

Residual waste treatment tender and minimum guaranteed tonnage

      Members will be aware that, in line with the 2006 Waste Plan, arc21 is conducting a procurement exercise, using the EU’s Competitive Dialogue procedure, to appoint a contractor to develop and operate appropriate facilities to treat the remaining residual waste not being sent for recycling or composting. 

      The Competitive Dialogue procedure consists of a number of phases and, as part of the present ‘Invitation to Submit Detailed Solutions’ (ISDS) phase, arc21 has entered into discussion with both preferred contractors.  An integral part of the contract, and essential for the  ...  view the full minutes text for item 3.

            The Committee was reminded that, at its meeting on 2nd June, it had authorised the attendance of the Chairman, the Deputy Chairman, the Director of Health and Environmental Services and the Head of Building Control (or their nominees) at the Open Days of the European Parliament which were being held in Brussels from 4th till 7th October.  The Director of Health and Environmental Services explained that the event would coincide with the monthly meeting of the Health and Environmental Services Committee, which was scheduled to take place on 6th October.  She suggested that it would be beneficial if the meeting were to take place later in the month in order to enable the Chairman, the Deputy Chairman and the Head of Building Control, all of whom would be travelling to Brussels, an opportunity to attend.

            Accordingly, the Committee agreed that its next monthly meeting be held at 4.30 p.m. on Monday, 11th October.

            The Committee was advised that the above-mentioned Conference was being held on 30th September in the Stormont Hotel, Belfast.  The Director of Health and Environmental Services reported that the event, which was being organised by the Belfast Chamber of Trade and Commerce, would address a range of issues, such as retail forecasting, town centre shopping, the need for future planning and funding requirements.  She explained that the Chairman, in his capacity as a member of the Board of Belfast City Centre Management, had been invited to attend the Conference, the cost of which would be £129.

            The Committee approved the attendance at the Retail Northern Ireland Conference of the Chairman (or his nominee).

            The Director of Health and Environmental Services informed the Members that a Global Forum on Urbanisation and Health was being held in Kobe, Japan from 15th till 17th November.  She stated that this high profile event, which was being facilitated by the World Health Organisation, would bring together municipal leaders and key stakeholders from across a range of sectors who were working to promote intersectoral actions to achieve improved health and health equity in urban settings.  It would provide participating cities with an opportunity to showcase their work, highlight the challenges which they faced and outline the actions which they were undertaking to reduce urban health inequities.  She explained that Belfast was one of only fifteen designated healthy cities to have been invited to participate in the Forum.  She pointed out that this was in recognition of its contribution to the Healthy Cities Network over a period of twenty?two years and was particularly timely in view of the recent formation of the Belfast Health Development Unit, which had been established to progress health improvements and health inequalities in the City.

            The Director of Health and Environmental Services reported that the Director of the World Health Organisation’s Centre for Health Development had invited the Lord Mayor to participate in the Forum.  However, he was unable to be present and had, instead, nominated the Deputy Lord Mayor to attend on his behalf.  She explained that the Deputy Lord Mayor would be expected to participate in debates and to sign a declaration on behalf of Belfast pledging to work to reduce health inequalities and suggested that it would be beneficial for an officer who possessed a background knowledge of both health inequalities and the Council’s association with the Healthy Cities initiative to accompany him to the Forum.  She confirmed that the World Health Organisation would meet the costs associated with the Deputy Lord Mayor’s attendance at the Forum and that the cost of an officer attending the event was estimated at £2,000.

            The Committee approved the attendance at the Global Forum on Urbanisation and Health of the Director of Health and Environmental Services (or her nominee).

            (Mrs. J. Thompson, Director of Finance and Resources, attended in connection with this item.)

            The Committee considered the undernoted report:

“Relevant Background Information

      As part of the Council’s Efficiency Programme, the Health and Environmental Services Department has identified potential savings of £215,000 to be included within the Departmental revenue estimates for 2011/2012. This level of Departmental savings is considered necessary in order to achieve the total Council targeted savings of £1.7M in 2011/2012 and, as such, the Department has considered a number of possible options for making the savings.  

      The potential areas for savings are summarised in the table below and it is proposed to generate these from areas across the Department.  More detail on the proposals is given in the narrative below.

Departmental Efficiency Savings 2011/2012

      The budgetary challenge reductions of £20,000 could be generated from the realignment of supplies and services budgets in Cleansing Services and the training budget in the Environmental Health Service. This will have an impact, but it is felt that this can be managed so that it does not significantly affect service delivery.

      The £47,000 of additional income could potentially be generated from the proposed introduction of charges for the collection of bulky household waste, which is a service that the Council currently provides free of charge. Detailed information on this proposal is included in a separate report, as introducing such a change is dependent on a Committee decision taken with knowledge of the full facts.

      Improvements in procurement could generate an anticipated £30,000 of savings, including further reductions in kennelling costs through the collaborative contract arrangements with Carrickfergus Borough Council and reductions in the Waste Management communications programme and schools education contract. The Waste Management Service will work closely with Corporate Communications to limit the impact of the £15,000 reduction in the communications programme on the behavioural change message and the service will also utilise revised implementation arrangements during the contract extension period to negate the impact of the £5,000 reduction in the schools education contract.

      The anticipated £118,000 of service review savings could be generated through the following proposed actions:

·         Cleansing Services and Environmental Health Service reductions in overtime budgets by a total of £29,000. This will impact on the capacity of the Services to respond to specific requests from local communities or off-schedule action, however, it is considered necessary in this financial climate.

·         changes to shift patterns of staff at Recycling Centres could generate further savings in overtime costs of £74,000. A separate report is being presented on this proposal as it has implications in terms of opening hours.

·         the Environmental Health Service could reduce the current number of annual student placements from two to one, which would generate savings of £7,700. (This was reduced from four in 2008/09)

·         the Environmental Health Service could also cease payment of the annual contributions to ‘The Dogs Trust’ (£5,000) and ‘Bee Safe’ (£2,300) in 2011.

      In addition to the savings  ...  view the full minutes text for item 4d

            (Mrs. J. Thompson, Director of Finance and Resources, attended in connection with this item.)

            The Committee considered the undernoted report:

“Relevant Background Information

      It was agreed at the Strategic Policy and Resources Committee on 18th June, that financial reporting packs would be produced for the Strategic Policy and Resources Committee and each Standing Committee on a quarterly basis and following discussion, that the first reports for the quarter ended June 2010 would be available for Committees in September. Monthly financial updates were also agreed to be provided to the Budget and Transformation Panel, if there were any significant issues to report.

      The reporting pack contains a summary dashboard of the financial indicators and an executive summary explaining the financial performance of Health and Environmental Services Committee in the context of the financial performance of the overall Council.  A copy of the executive summary has been circulated to Members.  It also provides a more detailed explanation of each of the relevant indicators covering the year to date and forecast financial position.

      As was advised in the Strategic Policy and Resources Committee report of 18th June, 2010, the reporting pack should be viewed as still being under development and the style and information in the reports will continue to evolve, in liaison with Members.

      The information within these financial reporting packs has been developed through collaboration between central finance and departmental management teams. The information for Standing Committees has, therefore, been reviewed and endorsed by central finance. As was outlined in the Strategic Policy and Resources Committee report of 18th June, a number of practical issues have been resolved in the development of the reports. In particular, Members are asked to note the following:

(i)   the original 2010/2011 rates setting exercise included a budget for a pay rise of 1.5%. The pay position of the council is determined by national negotiations and currently no pay rise has been offered for 2010/11, which is causing significant trade union concern. The budget of £1.1m has, therefore, for reporting purposes, been removed from Departmental budgets, so that the true Departmental variances can be identified. The current unutilised pay rise budget underspend has been logged centrally;

(ii)  demand led internal charges have also been removed from the budgets and expenditure of service users and applied to the budgets of service providers (eg ISB, Facilities Management etc) for reporting purposes which keeps the budgetary treatment for 2010/2011 in line with that agreed by Members on 18 June for 2011/2012

(iii)capital charges are non-cash items which have been removed from Departmental budgets so that accurate variances can be identified.

Key Issues

(A)Current and Forecast Financial Position 2010/2011

      The current year to date financial position for the Health and Environmental Services Department is an underspend of some £0.4m (4%), with a forecast end?of-year underspend of some £0.2m (0%), which is within the acceptable limits. The reasons for this underspend relate mainly to underspends in the Environmental Health and Building Control Services. The  ...  view the full minutes text for item 4e

            The Committee considered the undernoted report:

“Relevant Background Information

      Community safety is one of the main concerns of the people of Belfast and hence is an issue of considerable importance to the Elected Representatives.  Consequently, it is a key element of the Supporting People and Communities theme of the new Corporate Plan.

      Members will be aware that the Council takes the lead role in supporting the Belfast Community Safety Partnership (BCSP) which brings together representatives from various agencies and sectors to work collectively on programmes and strategies to improve safety in the City.

      The Belfast CSP has produced a Safer Belfast Plan for 2009?2011, which prioritises four main themes, namely, tackling anti?social behaviour, reducing alcohol-fuelled violent crime, dealing with hate crime and helping Belfast feel safer. These four priority areas were identified following consultation and a review of recorded data and input from Elected Members. The Safer Belfast Plan priorities were also informed by the Council’s public consultation and research, which was commissioned jointly by Belfast CSP and Belfast District Policing Partnership (DPP). 

      The landscape for the public sector is changing and preparation for community planning is challenging us to develop a more holistic and sustainable approach to developing a Safer Belfast. Therefore the approach adopted in developing the Safer Belfast Plan (2009-2011) was more ambitious than in previous years, the intention being that it should represent an overarching plan for a Safer Belfast which reflects the strategic priorities of participating partners. 

      Members will also be aware that, in parallel to the Safer Belfast Plan, the Council’s community safety team has also been working internally to build the capacity of the Council to better coordinate its activities in this field, in line with the broader interagency Safer Belfast Plan.  As such, the Council has recently approved its second internal plan for co-ordinating and raising the profile of activities to deal with anti-social behaviour, etc. across all council Departments.

Key Issues

      As part of the interagency Safer Belfast Plan (2009-2011) participating organisations established a series of performance criteria which were to be reviewed on a quarterly basis using the services of a ‘Safer Belfast Analyst’.

      Therefore, in February 2008, the Committee agreed to support the services of a dedicated Police Service of Northern Ireland (PSNI) analyst, via a secondment arrangement, (to the value of £30,000 per annum) to support information sharing between key organisations and undertake evaluation of performance of the CSP’s initiatives against the four Safer Belfast priorities.  Importantly, the analyst, when in post, developed vital information sharing processes which informed the Council’s and other partners’ service delivery, such as on-street drinking operations, warden deployment and alleygating. 

      At this time, it was proposed that this arrangement be put in place for one year from April, 2008 until March, 2009, subject to the arrangement being reviewed at the end of this period. The post holder was to be jointly managed by the Council’s Community Safety Team and the PSNI and took up the position in late  ...  view the full minutes text for item 5a

            The Committee was reminded that, at its meeting on 4th August, it had approved a list of additional streets throughout the City for inclusion within the Bye?laws prohibiting the consumption of alcohol in designated places.  The Head of Environmental Health reported that, since that meeting, intensive work had been undertaken by several agencies to address problems arising in the Lower Falls and Divis areas of West Belfast.  However, the enforcement of on?street drinking legislation had been hindered by the fact that streets therein had not been designated as places prohibiting the consumption of alcohol.

            As a result, the Police Service of Northern Ireland had submitted a number of additional streets which it wished to be considered for designation in order to assist in ongoing work with the Council and other partner organisations to address anti-social behaviour.  She stated that, if approved, the streets would be included within the draft Bye-laws, prior to them being forwarded to the Department for Social Development for initial approval.  These would, subsequently, be presented to the Committee for final approval, as required by the statutory process.  Accordingly, she recommended that the Committee approve the undernoted list of streets for inclusion within the Bye?laws prohibiting the consumption of alcohol in designated places, which included a number of streets which a Member had pointed out had been omitted from both the current list and that which had been agreed by the Committee at its meeting on 4th August:

“Additional Streets to be Considered for Designation

      East

      My Lady’s Road

      West

      Abercorn Walk

      Abyssinia Street

      Abyssinia Walk

      Ardmoulin Terrace

      Ardmoulin Place

      Balkan Court

      Bread Street

      Clonfadden Crescent

      Devonshire Close

      Devonshire Place

      Gibson Street

      Grove Tree North and South

      Jude Street

      Lady Street

      Ladymar Walk

      Ladymar Court

      LadymarPark

      Ladymar Grove

      Lincoln Square

      Lisfadden Way

      Lisfadden Place

      Lisfadden Drive

      Marchioness Green

      Milford Place

      Milford Close

      McDonnell Court

      Oak Villa

      PlevnaPark

      Quadrant Place

      Ross Court

      Ross Rise

      Sliabh Dubh Glen

      Sliabh Dubh Manor

      Sliabh Dubh Path

      Sliabh Dubh Walk

      St. Peter’s Court

      St. Peter’s Close

      St. Peter’s Square East

      St. Peter’s Place

      Spinner Square

      Sultan Way

      Sultan Square

      Ward Street.”

            The Committee adopted the recommendation.

            The Committee was advised that the Department for Social Development had invited comments in respect of its new Fuel Poverty Strategy for Northern Ireland.  The Head of Environmental Health reported that the draft strategy had confirmed that Northern Ireland suffered disproportionately from fuel poverty and that annual household fuel bills were considerably higher than elsewhere in the United Kingdom.  She explained that fuel poverty was affected by three factors, namely, income, fuel prices and energy efficiency and pointed out that energy inefficiency in houses was recognised as being the main area in which the Government could make the greatest impact.  The new strategy focused on removing energy inefficiency as a cause of fuel poverty, whilst exerting influence on other Departments and agencies to address high fuel prices and low incomes.

            The Head of Environmental Health outlined the main elements of the Council’s response, which included a focus on energy efficiency and the benefit of adopting a co?ordinated and area?based approach, which was of particular relevance to Belfast.  The response took into account also specific work being undertaken by the Council in relation to health development, older people, energy efficiency and building regulations, in addition to its overall policy on sustainable development and poverty.  Accordingly, she recommended that the Committee approve the undernoted response:

“Warmer Healthier Homes – A consultation paper

on a new Fuel Poverty strategy for N.I.

      Thank you for the invitation to comment on the above strategy.  BelfastCity Council wishes to express its support for the need to continue measures to tackle the issue of Fuel Poverty as a matter of urgency. 

      We have reviewed the document and have completed the response pro forma as requested.  Belfast City Council would, however, wish to emphasise what it regards as key issues.

1.   Section 4 – Consolidating Partnerships

      Belfast City Council agrees fully that no one government department or organisation can tackle Fuel Poverty single?handedly.   The document refers to the Inter-departmental Group on Fuel Poverty and the need for closer working between government departments and the private and voluntary sectors. 

We would suggest that the means to realise a co-ordinated, strategic approach to address Fuel Poverty should be presented in much greater detail, with leadership and delivery responsibilities clearly identified.  It is accepted that the Department for Social Development (DSD) can contribute to part of the solution only.  Ownership of a revised Fuel Poverty strategy must however be established to ensure proper management and monitoring of actions agreed.

      It is the Council’s view that Local Government has an important role to play in such a strategic partnership and we would welcome further discussion as to how optimum arrangements might be brought about. It is only by adopting such a cross-cutting approach that the separate but inter-related factors contributing to Fuel Poverty can be addressed meaningfully.

2.   Section 2.16 – Powers to enable local authorities to produce action plans to improve energy efficiency within their local area

      The Council welcomes new powers  ...  view the full minutes text for item 5c

            The Committee was advised that the Cleansing Services Section had attained a Green Apple Environmental Award under a scheme which was organised annually by the Green Organisation.  The Head of Cleansing Services reported that the award had been achieved in recognition of the Service’s “Partners Against Grime Challenge” education programme.  He outlined the main elements of the programme, which had taken the form of a competition in which Key Stage 1 and 2 pupils had been encouraged to develop an interactive workshop highlighting ways in which Belfast could be kept clean and litter-free.  All of the participating schools which had been evaluated had indicated that the project had been both creative and effective.

            The Head of Cleansing Services informed the Members that the Green Apple awards ceremony would take place in the House of Commons on 15th November and that the Council would receive one free invitation to the event.  Additional places could be reserved at a cost of £110 per person.  He recommended that, in addition to the Chairman, the Community Awareness Manager, who had a detailed knowledge of the “Partners Against Grime Challenge” education programme, be authorised to attend.  The total cost per attendee in terms of travel and subsistence would be approximately £255.

            The Committee adopted the recommendation.

            The Committee considered the undernoted report:

“Relevant Background Information

      As outlined in the Directorate report on the efficiency programme for the Department a proposal was put forward to review the potential for recovering a proportion of the costs of providing the bulky waste service through the introduction of a charge to the public for the service.  The purpose in doing this is to generate a level of money which will assist in keeping the 2011/2012 Departmental budgets within the targets set by the Council.

Key Issues

      To assess the feasibility of introducing such a charge, Cleansing Services has been enquiring as to the level of service provided by other local councils.  Charges for collection range from £5 to £16.  The number of items covered by the charge range from 1 to 10 items.  Items for collection include very bulky items such as fridges and white goods, furniture etc. but normally exclude builders waste, garden waste and DIY waste.

      The proposal for Belfast would be that a £5 charge would be made for up to 5 items and a further £5 for each additional batch of up to 5 items.  The size of an item would be restricted to a standard black bag or equivalent, for most loose items, or an item of white goods, furniture or electrical equipment.  Very large items or excessive amounts would be assessed individually and an appropriate charge applied for that particular request.  This would be applied to the 47,000 (approximate) bulky waste collections we complete each year.  Collections would continue to exclude builders’ waste. 

      In considering this proposal there are some issues which the Committee should take into account, i.e:

·         The number of requests for bulky waste collections may fall off sharply due to a charge being levied.

·         There may be an increase in dumping in the city necessitating extra resources being applied to remove dumped items and to follow up with effective enforcement.  This may have an adverse effect on the cleanliness of the city.

·         There will be additional administrative workload to process payments etc.

      Taking account of any additional income less the extra resources applied to dealing with increased dumping, the cost of introducing electronic and other payment systems and additional clerical support to process payments, the service has estimated the potential for a net increase in income to the Council of approximately £47,000 in the first year of operation.  This may increase in future years.

      There are, however, a number of uncertainties in terms of what effect this will have on peoples’ waste disposal habits so the actual outcome can only be properly determined after the scheme has been in operation for some time and a full operational assessment can be completed.  Therefore it is recommended that the introduction of charging is carried out as a pilot in 2010/2011.

Resource Implications

      Financial

      Financial implications are difficult to quantify in the absence of what effect the charge will have on demand for the service and subsequent waste disposal habits.  The estimated  ...  view the full minutes text for item 6b

            The Head of Building Control informed the Committee that the 2010 Building Control Annual Convention would be held on 12th and 13th October in Newcastle, CountyDown.  He reported that the theme of this year’s Convention would be “Global Impacts – Addressing the Risks” and that it would focus on topics such as climate change and flood damage.  It would consider also systems of regulatory control in place in Europe and the United States and how shared knowledge and standards could be adapted to meet the challenges which lay ahead.  The cost of attending the full conference would be in the region of £265 and a daily rate for delegates would be charged at £80.

            He explained that this year’s Convention was particularly significant insofar as it would be held in conjunction with the main meeting of the Consortium of European Building Control.  He pointed out that this was the first time that that meeting had been held in Northern Ireland and that it would bring together chief Government officers with responsibility for the administration of building regulations in countries across Europe.

            The Committee agreed that it be represented at the Convention by the Chairman, the Deputy Chairman, the Director of Health and Environmental Services and a Building Control Officer (or their nominees).

            The Committee considered the undernoted report and agreed that the attached comments be forwarded to the Department of Finance and Personnel as the Council’s response to the consultation document:

“Relevant Background Information

      Building Regulations set down the standards to be achieved when undertaking building work and are designed for ‘securing the health, safety, welfare and convenience of persons in or about buildings’.  They are concerned with issues such as structures, fire safety, disabled access, drainage, furthering the conservation of fuel and power etc.  The regulations are made by the Department of Finance and Personnel (the Department) under the primary legislation and are reviewed and updated periodically and in line with the powers contained in the accompanying Order.

      In March 2009, the Building Regulations (Amendment) Act (Northern Ireland) 2009 received Royal Assent.  A significant feature of this act was to allow for increased flexibility within the regulations by introducing a guidance based approach as opposed to the current deemed-to-satisfy provisions.

      This current consultation is phase one in a three phase consultation process to completely replace the current Building Regulations (Northern Ireland) 2000 with more up-to-date standards.

      Phase one deals with updating technical matters in areas such as site preparation and sound insulation.  It will also look at the transfer of issues under fire safety, drainage, glazing, stairs and ramps, etc. from a ‘deemed to satisfy’ legal position to a more open guidance based system.

      Phase two will further update the remainder of the technical provisions such as energy conservation and the associated regulations such as ventilation and also align the remainder of the regulations into the guidance based system.

      Finally phase three will be a review of the PrescribedBuilding Regulations Fees.

Key Issues

      The following changes are proposed within the consultation document.

      Move from ‘Deemed to Satisfy’ to Guidance Documents

      Presently with ‘deemed to satisfy’ documents if the Department wish to adopt solution methodologies into the Building Regulations they must go through the formalities of consultation and the associated process of forming legislation.  This is because the ‘deemed to satisfy’ documents have a specific legal status.  By removing that specific legal status and making them guidance notes, the process for amending or including new documents is simpler and quicker.  As proposed in the Building Regulations (Amendment) Act 2009, the new format of regulations allows for the transfer from ‘deemed-to-satisfy’ to a 'guidance' based system. This will allow greater flexibility in changing regulations in order to keep a pace with construction technology and design features.

      An example of where this may be utilised is the Waste Management Guide recently developed by the Waste Management Groups including arc21, which in future could be adopted as best practice guidance.

      The Department is proposing to introduce, through this consultation, guidance for:

·         Fire safety

·         Stairs ramps, guarding and protection from impact

·         Drainage and

·         Glazing

      These guidance booklets will also contain the provisions of the actual building regulations followed by the associated guidance which is designed to make it easier for  ...  view the full minutes text for item 7b

            The Committee was reminded that, at its meeting on 6th May, 2009, it had agreed a response to the Department of Health, Social Services and Public Safety’s consultation on the draft Fire Safety Regulations (Northern Ireland) 2009.  The Head of Building Control explained that the Regulations sought to simplify the existing fire safety legislation and to reinforce the modern risk-based approach to fire prevention.  He stated that the Council’s response to the consultation document had emphasised that self-regulation, which was essentially being introduced, would not deliver the required fire safety compliance and could lead to increased problems in non-domestic buildings.

            He informed the Committee that, in order to introduce these Regulations, the Department of Health, Social Services and Public Safety would be required to enact Part 3 of the Fire and Rescue Services (Northern Ireland) Order 2006, which related to the enforcement of fire safety matters and which effectively removed Councils’ powers to enforce the terms and conditions governing fire safety under Amusement Permit, Cinema and Entertainments Licensing legislation.  In future, fire safety would be regulated through the undertaking of fire risk assessments which would be audited and inspected by the Northern Ireland Fire and Rescue Service.  This would affect the ability of Licensing officers to ensure the safety of persons on licensed premises and, thereby, undermine the Council’s statutory duty.

            The Head of Building Control reported that Licensing officers had, through the Institute of Licensing, the Northern Ireland Licensing Forum and Building Control (Northern Ireland), been in discussions with the Department of Health, Social Services and Public Safety and the Northern Ireland Fire and Rescue Service regarding the aforementioned changes.  As a result, the enactment of Part 3 of the Fire and Rescue Services (Northern Ireland) Order 2006 had been delayed by the Northern Ireland Assembly’s Health Committee until the issue had been resolved.

            He explained that, following these discussions, the Board of the Northern Ireland Fire and Rescue Service had written to the Northern Ireland Local Government Association regarding the devolving of powers to Councils under Article 33 (5) of the Fire and Rescue Services (Northern Ireland) Order 2006 in respect of licensed premises.  Accordingly, Councils’ Licensing officers would, under the provisions of the Order, be authorised to enforce fire safety matters in licensed premises which would, in effect, permit them to continue to discharge the full range of duties which they undertook currently, such as ensuring that establishments were not overcrowded and that escape routes were available in the event of an emergency.  In response, the Northern Ireland Local Government Association Executive had agreed, in principle, that the Association would support the proposal.  However, it was noted that further work would be required to ensure that an agreed protocol or Memorandum of Understanding was drafted in order to facilitate effective working with the Board of the Northern Ireland Fire and Rescue Service.  The Northern Ireland Local Government Association had written also to the Chief Executives of all  ...  view the full minutes text for item 7c

(oral report of Town Solicitor)

            (Mr. C. Quigley, Town Solicitor, and Mr. C. Campbell, Solicitor, attended in connection with this item.)

            The Committee was reminded that, at its meeting on 23rd August, it had been advised that a proposal had been received from one of the potential contractors for the arc21 residual waste treatment facilities to enter into an interim arrangement with the Council to use its Dargan Road Waste Transfer Station.  The company had requested that the Council draft a Heads of Agreement document governing the use of the facility for the transfer from 2012 onwards of approximately 75,000 tonnes per annum of residual waste.  It had requested also that the existing staff within the facility be retained and that it be operated in line with the arrangements in place currently.  Accordingly, the Committee had authorised the Head of Waste Management, in conjunction with the Town Solicitor, to draft a suitable Heads of Agreement document for the use of the Waste Transfer Station, which would be subject to the company being appointed as the successful contractor.

            The Town Solicitor outlined the main elements of the document, which would include the duration of the contract, the use of rights governing the facility, the licence fee which would be payable to the Council, and the Council’s right to enter into similar conditional arrangements with other parties.  He reported that the proposal had been reviewed also by the commercial solicitors acting on behalf of arc21 in the procurement of the Residual Waste Treatment Contract.  They had confirmed that they could see no difficulty with the proposed arrangement and had indicated that, should the other company which was still in the selection process approach the Council with a similar request, it would be open to the Council to agree also to grant the facility to that company on similar terms.

            During a lengthy discussion, several Members enquired if the company which had approached the Council for the use of the Dargan Road Waste Transfer Station could be seen to be receiving preferential treatment in relation to the award of the Residual Waste Treatment Contract.  In response, the Town Solicitor indicated that this would not be the case and pointed out that, if the other company were to make a request for the use of the facility, then the Council would facilitate that request on the same terms, in order to ensure that there would be equality of treatment.  Nevertheless, he undertook to bring this matter to the attention of the Chief Executive of arc21.

Noted.

            The Committee considered the undernoted report:

“Relevant Background Information

      In June, as one of a number of consultation papers, the Department of Environment (DOE) issued a ‘Consultation Paper on Meeting EU Landfill Diversion Targets’ which outlined proposals to change Northern Ireland’s approach to meeting the landfill diversion targets, as outlined in the EU Landfill Directive (1999/31/EC) – the LFD.

      The Consultation, which is available on the DOE’s website at www.doeni.gov.uk/waste.html, addresses the changes necessary to enable the United Kingdom to report to the EC on a revised approach to the landfill diversion targets.  This includes

·         Setting out the new interpretation of the definition of the landfill diversion targets;

·         Revisions to the 1995 baseline and targets;

·         The reporting and monitoring obligations necessary to enable robust reporting against the LFD targets; and

·         The future of Northern Ireland Landfill Allowances Scheme (NILAS) in addressing both the council and private sector elements of municipal waste

      Members may care to note that, for some time, the definition of municipal waste has differed in the United Kingdom from that provided within the EU Waste Framework Directive.  Following discussions between the UK and European officials last year, the Government has agreed to amend the UK definition.  This process has occurred within England and Wales and, similarly, this consultation is seeking to bring Northern Ireland in line with the new definition. 

      The proposed change in the definition of municipal waste would see commercial and industrial waste classified as municipal following the transposition of this legislation.  The DOE recognises that such a change may introduce difficulties for councils regarding how waste was reported and monitored and has stated that landfill targets for councils would be amended to ensure harmony with existing targets.

      The closing date for responses is 8th October 2010.

Key Issues

      As Members are aware, the LFD has set challenging targets for Member States to divert the amount of Biodegradable Municipal Waste (BMW) they sent to landfill – the “landfill diversion targets”.  The Council, working with ac21 and the other constituent councils, has introduced or is in the process of letting a number of contracts to divert waste from landfill. 

      To inform a suitable response to this consultation paper, arc21 met with the other Waste Management Groups, the NI Local Government Association (NILGA), the Local Government Technical Advisers Group (TAG) and the Local Authorities Recycling Advisory Council (LARAC) to discuss the content.  The key points within the attached arc21 response are that:

1.      we agree with the DOE that returns on the amount of BMW disposed of should be made by landfill operators;

2.      with other amendments from the transposition of legislation arising from the EU Waste Framework Directive (WFD), the DOE should carefully consider the role of NILAS in any future reporting regime;

3.      in terms of additional policy tools, the DOE should make a case for accessing landfill tax monies to support waste diversion projects;

4.      extended producer responsibility should be introduced and

5.      the term ‘Council Waste’ or  ...  view the full minutes text for item 8b

            The Committee considered the undernoted report:

“Relevant Background Information

      In June, as one of a number of consultation papers, the Department of Environment (DOE) issued a ‘Consultation Paper on the Introduction of Restrictions on the Landfilling of Certain Wastes’ proposing the possible introduction of further restrictions on the landfilling of certain wastes.

      This consultation considers the principle of introducing landfill restrictions, and is available to view on the DOE website at www.doeni.gov.uk/waste.html.  It sets out the policy drivers behind the DOE’s aims to divert recyclable and biodegradable waste from landfill.  This consultation paper also includes evidence from recent research on banning such wastes from landfill.  A list of candidate waste types for which the evidence suggests the benefits of diversion from landfill in terms of greenhouse gases and resource efficiency gains could outweigh the costs of diversion are included.  Again, as per the other consultation response on meeting EU Landfill Diversion Targets submitted to the Committee this month, this exercise is being conducted to ensure that the Government correctly addresses the requirements of the EU Waste Framework Directive (2008/98/EC) – WFD, and has already concluded in England and Wales.

      Responses from this consultation will inform the DOE’s decision of whether it is desirable, practical and affordable to introduce restrictions.  Should the DOE conclude this to be the case, the specific proposals would be the subject of a second consultation exercise on the preferred options.

      The closing date for responses is 8th October, 2010.

Key Issues

      The DOE has identified the following options for introducing new policies to restrict biodegradable and recyclable wastes being sent to landfill:

(a)   do nothing;

(b)   introduce landfill bans i) on their own or ii) accompanied by a requirement to sort;

(c)   introduce a sorting or tougher pre-treatment requirement (no landfill ban); and

(d)   introduce producer responsibility linked to recycling targets.

      The DOE considers Option b (i) as its preferred position as this would send out a clear signal to promote maximum diversion from landfill.  The consultation identifies a number of candidate waste types which could be suitable for banning from landfill, as follows:

·         Metals

·         Glass

·         Food

·         Wood

·         Textiles

·         Paper/Card

·         Plastics

·         Green (garden) waste

·         WEEE

      The DOE recognises that the manner in which any landfill ban will be regulated will also have to be considered, as will the potential for dealing with any fly-tipping which may arise.  It anticipates, however, that such issues will be considered in a subsequent consultation.  Research within the consultation paper, which was undertaken by Eunomia, a Bristol-based consultancy which specialises in waste management, recommends a lead-in period of at least 5 years for the introduction of any restrictions or landfill bans.

      As with the earlier consultation paper, in order to inform a suitable response to this paper, arc21 met with the other Waste Management Groups, the NI Local Government Association (NILGA), the Local Government Technical Advisers Group (TAG) and the Local Authorities Recycling Advisory Council (LARAC) to discuss the content.  The key  ...  view the full minutes text for item 8c

            The Committee was advised that the Waste Management Service, together with the Development Department’s Economic Initiatives Service, had, since 2007, worked in partnership to develop and deliver the Business Improvement through Environmental Solutions (BITES) Programme.  The Head of Waste Management stated that the Programme had been formulated to assist participating companies to promote business sustainability and improve their competitiveness by helping them to introduce environmental management policies, reduce environmental liabilities and enhance compliance with environmental regulations.  The Economic Initiatives Section was the lead contributor to the Programme, with officers from the Waste Management Service providing management support and expertise, as required.  In the first year of the Programme, participating businesses had on average realised cost savings of 1% of their turnover, with one company having identified £22,000 of savings.

            He explained that the aforementioned Services had undertaken jointly a tendering exercise seeking support for the delivery of the BITES Programme in 2009/2010 and provided details in relation to the environmental consultancy company which had been awarded the contract.  In all, twelve small and larger businesses had completed the initial phase of the programme, which had comprised a series of workshop-based training exercises supported by site visits to consider issues such as energy management, environmental management systems, purchasing and transport management, solid waste management and water management.  Participating companies had received also one-to-one mentoring in order to help them to address particular challenges within their own business.  Upon completion of the programme, in addition to having conducted an environmental assessment of their company, candidates had gained accreditation with the Institute of Environmental Management and Assessment.  The contract which had been awarded for the delivery of the 2009/2010 Programme had included an option to extend for an additional two phases, subject to satisfactory performance.

            The Head of Waste Management reported that there had been a number of enquiries regarding the next phase of the programme.  It was proposed that, following an evaluation of the initiative and subject to satisfactory performance, a further phase be undertaken.  He explained that the cost per year of the programme was £40,000, with the Economic Initiative Service contributing £27,000, which had been agreed by the Development Committee at its meeting on 9th June, the Waste Management Service contributing £10,000 and participating companies contributing in total £3,000.  An application had been submitted to the Department for Enterprise, Trade and Investment’s European Programmes Unit to receive up to 50% match-funding for the Programme.  Accordingly, he recommended that, subject to all conditions being met in relation to the contractor, the Committee grant approval to contribute to the Business Improvement through Environmental Solutions programme for a further twelve months.

            The Committee adopted the recommendation.

            The Committee considered the undernoted report:

“Relevant Background Information

      Prior to 1995, the Council had 13 civic amenity sites which were used primarily as mustering stations for the street cleaning and refuse collection squads.  Each of these sites had several open-top skips where the public could deposit household waste free of charge for disposal.

      The EU Landfill (LFD) and Waste Framework Directives (WFD) have set targets for the Council in terms of diverting biodegradable waste from landfill and increasing the recycling rate for the city.  As a result, since 2005 new kerbside collection services for recyclable materials have been introduced to all householders in Belfast and this continues in the inner city with consideration of kitchen waste.  A programme to refurbish and expand the civic amenity (CA) sites, or acquire new sites, was undertaken concurrently to develop modern household recycling centres with a much stronger emphasis on waste diversion and recycling.  These new centres largely replaced the older smaller CA sites, located in residential areas which were subsequently closed.

      To date, four recycling centres have been developed at Palmerston Road – off Holywood Road, Ormeau – off Park Road, Blackstaff Way – off Kennedy Way and Alexandra Park Avenue – off Antrim Road.

      As part of the review of CA sites, the Service identified the benefits of developing a fifth household recycling centre between the north and west of the city which would facilitate a review of the need for the two remaining CA sites at Springfield Avenue and Agnes Street. 

      The Service worked closely with the Council’s Estates Unit, now located in the Property and Projects Department, to identify suitable locations which could serve both communities.  Following protracted investigations, the potential of the former Mackie’s site at Springvale was identified. 

      In late 2004/05, officers from the Waste Management Service and the Estates Unit commissioned some preliminary investigations into the suitability of the site as a recycling centre and identified two possible options for a proportion of the site.  These proposals were forwarded to the Department for Social Development (DSD), along with a request for confirmation that they would be prepared to release part of the land for use as a recycling centre to serve north and west Belfast, subject to agreement on price, Council approval, title and resolution of contamination and planning issues.  At that time, DSD were commissioning site investigation reports to identify the scale of some contamination issues which were identified for the site.  DSD advised that they were committed in principle to accommodating the Council’s request and transferring lands for the purposes of a recycling centre.

      In 2006, the DSD and the Belfast Regeneration Office (BRO) undertook a Masterplanning exercise for the Springvale site to assess its development potential and produce a series of options.  The Masterplanning process consulted widely with stakeholders including adjacent landowners, Belfast Institute for Further & Higher Education (BIFHE – now Belfast Metropolitan College), Invest NI, NI Housing Executive (NIHE), the Northern Ireland Office (NIO), Planning Service, Strategic Investment  ...  view the full minutes text for item 8e

            The Committee considered the undernoted report:

“Relevant Background Information

      Members will be aware that in May 2010 a review of charges for wheeled bin containers was approved. The charges were based on a tender exercise conducted by arc21 for the provision of wheeled refuse containers.

      Following the tendering exercise, the contractor for the 240 litre residual waste bins informed arc21 that they were unable to meet their contract obligations and, as a result, the contract was terminated and a new tender exercise conducted.

      This report outlines the new supplier for the provision of 240 litre wheeled refuse containers and the impact on the Council’s charging mechanism.

Key Issues

      Following the termination of the contract for the provision of 240 litre residual bins, arc21 has recently carried out a new tender exercise for these containers.  The tender was for the supply and delivery of 240 litre wheeled refuse containers and the main terms and conditions are as follows:

·         Contract duration is 7 months in order to tie in with the expiry date of the concurrent arc21 refuse containers contract.

·         Prices are fixed for the duration of the contract.

·         No minimum guaranteed quantities

·         No exclusivity of supply.

      The tenders were evaluated on a cost (90%) and quality (10%) basis.  The most economically advantageous tender was received from Tank Engineering Ltd.

      The Service recommends that its requirement of 240 litre residual bins is sourced from the above company and in line with the terms and conditions of the arc21 contract.

      Taking into consideration this new product price, the Service proposes a revised charge for 240 litre and 140 litre residual bins to householders, passing on the savings arising from the arc21 re?tendering exercise.

* Dependent upon availability

      As members are aware that charges are levied per bin sale to cover the price of the container, delivery to the customer’s home and associated administration charges.  The prices outlined above are for the provision of wheeled bin containers for domestic use, which do not attract VAT.  Wheeled bin containers for use in commercial premises will attract VAT at the prevailing rate.

      The Council’s current bin charging policy requires residents to pay for their bin and any replacements, unless their bin has been destroyed by the Council during the waste collection process.  Residents are therefore currently responsible for meeting the cost of replacement bins where the original bin has been destroyed as the result of anti social behaviour, such as bin burning, as to provide a new bin free of charge would cost the Council at least £12,000 per annum given that it is estimated that currently 25% of bin replacements arise from anti social behaviour incidents.

      Residents who do require a replacement bin as the result of a confirmed anti social behaviour incident will be offered a refurbished bin, which costs at least 50% less than the new  ...  view the full minutes text for item 8f

            The Committee considered the undernoted report:

“Relevant Background Information

      In 2001, new legislation was introduced within the United Kingdom to transpose the EU Landfill Directive (LFD).  The diversion of Biodegradable Municipal Waste (BMW) from landfill is a key objective of the LFD and a series of progressingly reducing targets were set to reduce the amount of BMW sent to landfill

·         to 75% of 1995 levels by 2010,

·         to 50% of 1995 levels by 2013 and

·         to 35% of 1995 levels by 2020

      The Waste Management Service has been working with arc21 to implement a Waste Plan to meet the LFD and its challenging targets.

      In 2009/2010, the household recycling and composting rate for Belfast was 26.7%.  Beyond the LFD, the EU Waste Framework Directive (WFD), which is currently being transposed locally, is seeking to introduce further targets to aid in meeting a recycling and composting rate of 50% by 2020.

      As part of the Council’s corporate objectives, values and strategic themes, the Waste Management Service is developing new proposals to increase the amounts of waste which is diverted from landfill for recycling and composting.  The Service is seeking to do this through (i) the provision of appropriate receptacles to every household in the city (ii) the development of improved Household Recycling Centres (HRCs) and (iii) greater engagement with householders and businesses in Belfast.  The Service is taking these steps to deliver upon the Council commitments to ‘taking better care of Belfast’s environment’, and to ‘provide a cleaner, greener, healthier city now and for the future’ as outlined in the corporate Value Creation Map.

      Reflecting these commitments, Members may recall that at its November meeting last year approval was granted to permanently close the Clara Street civic amenity (CA) site.  At this meeting, Members also granted approval to the Head of Service to commission the Council’s Business Improvement Service (BIS) to undertake a review of staffing levels and shift patterns at the HRCs.  BIS commenced this review in early 2010 to examine the potential for the re-deployment of existing staff (two Recycling Supervisors and four Recycling Operatives) from Clara Street CA site on its closure to the other HRC’s to avoid redundancies if possible, to review staffing levels at the HRCs and to review the shift patterns at the HRC’s and CA sites.

      As Members will be aware, there are four HRC’s in Belfast at (i) Alexandra Park Avenue – North (ii) Blackstaff Way – West (iii­) Palmerston Road – East and (iv) Ormeau (Park Road) – South.  At the time of the review, there were also three CA sites operating at Clara Street – east, Agnes Street – north and Springfield Avenue – west.  As planned, Clara Street ceased operating as a CA site on 31st March, 2010.  There were two Recycling Supervisors and four Recycling Operatives based at the Clara StreetCA site. 

      As part of the consideration for future options for staff, Members  ...  view the full minutes text for item 8g