Report on the Planning (Compensation, etc.) Bill (NIA 7/00)

COMMITTEE FOR THE ENVIRONMENT

Report on the Planning (Compensation, etc.)
Bill (NIA 7/00)

TOGETHER WITH THE MINUTES OF PROCEEDINGS RELATING TO THE REPORT

Table of Contents

COMMITTEE FOR THE ENVIRONMENT:
MEMBERSHIP AND POWERS

The Committee for the Environment is a Statutory Departmental Committee established in accordance with paragraphs eight and nine of the Belfast Agreement and under Assembly Standing Order 46. The Committee has a scrutiny, policy development and consultation role with respect to the Minister for the Environment and has a role in the initiation of legislation. The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of five.

The Committee has power to:

• Consider and advise on Departmental budgets and Annual Plans in the context of the overall budget allocation;
• Approve relevant secondary legislation and take the Committee Stage of primary legislation;
• Call for persons and papers;
• Initiate enquiries and make reports; and
• Consider and advise on any matters brought to the Committee by the Minister for the Environment.

The membership of the Committee since its establishment on 29 November 1999 has been as follows:

Dr William McCrea MP Chairman

Ms Carmel Hanna Deputy Chairperson

REPORT 1/00

COMMITTEE FOR THE ENVIRONMENT
REPORT ON THE PLANNING (COMPENSATION, ETC.) BILL (NIA 7/00)

1. The Planning (Compensation, etc.) Bill was referred to the Committee for consideration in accordance with Assembly Standing Order 31(1) on completion of Second Stage on 7 November 2000.

2. The Minister for the Environment made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Planning (Compensation, etc.) Bill would be within the legislative competence of the Northern Ireland Assembly."

3. The Committee had before it the Planning (Compensation, etc.) Bill (NIA 7/00) and the Explanatory and Financial Memorandum that accompanied the Bill.

4. The Committee met on 9, 16 and 23 November and discussed the Bill. The Committee agreed at the meeting on 16 November that it was not necessary to carry out any consultation on the Bill.

5. An official from the Department appeared before the Committee on 23 November and assisted the Committee with its scrutiny of the Bill. On that date the Committee carried out a detailed clause by clause, schedule by schedule, scrutiny of the Bill. (A transcript of this meeting will be printed separately).

6. The Committee considers that the provisions of the Bill, as introduced, are necessary to repeal what is now regarded as obsolete legislation and to bring the legislation into line with the requirements of a modern planning system. The Committee also notes that the legislation will correct a drafting error in the Planning (Northern Ireland) Order 1991 (NI 11) and the Committee welcomes that the opportunity is being taken to correct this error.

7. The Committee considers that no amendments are necessary to the Planning (Compensation, etc.) Bill.

Dr William McCrea MP MLA
Chairman

MINUTES OF PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

Thursday, 9 November 2000
in Room 144, Parliament Buildings.

Present were: Rev. Dr W McCrea MP (Chairman)
Ms C Hanna (Deputy Chairperson)
Mrs J Carson
Mr M McLaughlin
Mr E Poots

In Attendance: Mrs D Pritchard (Committee Clerk)
Mr J Beatty (Assistant Committee Clerk)
Mr N Currie (Executive Support)
Mr J Nulty (Administrative Support)

The meeting commenced in public at 10.34am

Planning (Compensation, etc.) Bill

The Committee discussed how they will deal with the Committee stage of the Bill.

Agreed: That members should notify the Clerk before next week's meeting, of issues they would like raised in connection with the Bill.

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MINUTES OF PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

Thursday, 16 November 2000
in Room 144, Parliament Buildings.

Present were: Rev. Dr W McCrea MP (Chairman)
Ms C Hanna (Deputy Chairperson)
Mrs J Carson
Mr A Doherty
Mr D Ford
Mr J Leslie
Mr M Murphy
Mr E Poots
Mr D Watson

In Attendance: Mrs D Pritchard (Committee Clerk)
Mr J Beatty (Assistant Committee Clerk)
Mr N Currie (Executive Support)
Mr J Nulty (Administrative Support)

The meeting commenced in public at 10.16 am.

Planning (Compensation, etc) Bill

The Committee discussed how it will deal with the Committee Stage of the Bill.

Agreed: (a) That an official from the Department will be asked to attend the meeting on 23 November 2000 to give a presentation on the Bill and to answer any questions from the members during the Clause by Clause consideration of the Bill;

(b) That the Committee does not consider that it is necessary to carry out any consultation on the Bill;

(c) That the meeting of 23 November 2000 will start at 10.00am in order to facilitate the Committee to meet the legislative timetable.

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MINUTES OF PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

Thursday, 23 November 2000
in Room 144, Parliament Buildings.

Present were: Rev. Dr W McCrea MP (Chairman)
Ms C Hanna (Deputy Chairperson)
Mrs J Carson
Mr A Doherty
Mr D Ford
Mr M McLaughlin
Mr M Murphy
Mr E Poots
Mr D Watson

In Attendance: Mrs D Pritchard (Committee Clerk)
Mr J Beatty (Assistant Committee Clerk)
Mr N Currie (Executive Support)
Mr J Nulty (Administrative Support)

The meeting commenced in public at 10.02 am.

Planning (Compensation, etc) Bill -

Presentation by an official from the Department and detailed reading of the Bill by the Committee.

Mr Damien Campbell, Principal Officer from the Planning Administration Branch of the Department gave a presentation on the Bill and answered the members' questions.

Mrs J Carson joined the meeting at 10.10 am.

Clause 1 was read and considered

Agreed: That Clause 1 stand part of the Bill.

Clause 2 was read and considered.

Agreed: That Clause 2 stand part of the Bill.

Clause 3 was read and considered.

Agreed: That Clause 3 stand part of the Bill.

Clause 4 was read and considered.

Agreed: That Clause 4 stand part of the Bill.

Mr D Ford left the meeting at 10.31 am.

Clause 5 was read and considered.

Agreed: That Clause 5 stand part of the Bill.

Clause 6 (1) and Schedule 1, paragraphs 1 - 8 were read and considered.

Agreed: (a) That paragraphs 1 - 8 of Schedule 1 stand part of the Bill;

(b) That Clause 6 (1) stand part of the Bill

Mrs J Carson left the meeting at 10.36 am.

Clause 6 (2) and Schedule 2, paragraphs 1 - 6 were read and considered.

Agreed: (a) That paragraphs 1 - 6 of Schedule 2 stand part of the Bill;

(b) That Clause 6 (2) stand part of the Bill.

Clause 6 (3) and Schedule 3 were read and considered.

Agreed: (a) That Schedule 3 stand part of the Bill;

b) That Clause 6 (3) stand part of the Bill.

Clause 7 was read and considered.

Agreed: That Clause 7 stand part of the Bill.

The Committee discussed the arrangements for reporting on the Bill.

Agreed: That a motion seeking a short extension to the Committee Stage of the Bill should be made.

The Chairman thanked Mr Damien Campbell for his presentation and he left the meeting at 10.40 am.

Mrs Carson returned at 10.41am

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