Document Pack

BELFAST CITY COUNCIL

SUMMONS TO ATTEND THE MONTHLY MEETING OF THE COUNCIL

TO; THE RIGHT HONOURABLE THE LORD MAYOR AND COUNCILLORS OF CITY COUNCIL

Notice is hereby given that the monthly meeting of the City Council will be held in the Council Chamber, City Hall, Belfast on Wednesday, 3rd April, 2013 at 6.00 pm, for the transaction of the following business:

1. Reading of Scriptures

2. Summons

3. Apologies

4. Minutes of the Council of 4th March (Pages 3 - 14)

5. To receive and adopt the minutes of the proceedings of the Committees as follows:

a) Strategic Policy and Resources Committee of 1st March (Pages 15 - 20)

b) Strategic Policy and Resources Committee of 8th March (Pages 21 - 32)

c) Strategic Policy and Resources Committee of 22nd March (Pages 33 - 84)

d) Voluntary Transition Committee of 8th March (Pages 85 - 108)

e) Parks and Leisure Committee 14th March (Pages 109 - 136)

f) Development Committee of 5th March (Pages 137 - 150)

g) Development Committee of 19th March (Pages 151 - 162)

h) Development Committee of 25th March (Pages 163 - 168)

i) Health and Environmental Services Committee 6th March (Pages 169 - 204)

j) Health and Environmental Services Committee 12th March (Pages 205 - 208)

k) Licensing Committee of 20th March (Pages 209 - 214)

l) Town Planning Committee of 7th March (Pages 215 - 220)

m) Town Planning Committee of 21st March (Pages 221 - 226)

6. Notices of Motion

a) Empty Purse Campaign - Councillor Kelly to Move (Pages 227 - 228)

b) C.S. Lewis - Councillor Newton to Move (Pages 229 - 230)

c) Hospice - Councillor Convery to Move (Pages 231 - 232)

d) Corporals Derek Woods and David Howes - Alderman Patterson to Move (Pages 233 - 234)

The Members of Belfast City Council are hereby summoned to attend.

PETER McNANEY Chief Executive

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Council

MONTHLY MEETING OF BELFAST CITY COUNCIL

Held in the City Hall on Monday, 4th March, 2013 at the hour of 6.00 o’clock p.m., pursuant to Notice.

Members present: The Right Honourable the Lord Mayor (Alderman Robinson) (Chairman); the Deputy Lord Mayor (Councillor Cunningham); the High Sheriff (Councillor Kingston); Aldermen Browne, Campbell, Ekin, Humphrey, McCoubrey, R. Newton, R. Patterson, Rodgers, Smyth, Stalford and Stoker; Councillors Attwood, Austin, M. E. Campbell, Convery, Corr, Curran, Garrett, Groves, Haire, Hanna, Hargey, Hartley, Hendron, Hussey, Jones, Keenan, Kelly, Kyle, Lavery, Mac Giolla Mhín, Mallon, Maskey, Mullan, McCabe, McCarthy, McKee, McNamee, McVeigh, A. Newton, Ó Donnghaile, Ó Muilleoir, O’Neill, L. Patterson, Reynolds, Spence and Thompson.

Reading of Scriptures

In accordance with Standing Order 9, the Lord Mayor read a passage from the Scriptures.

Summons

The Chief Executive submitted the summons convening the meeting.

Apology

An apology was reported on behalf of Councillor Webb.

Expression of Sympathy

The Lord Mayor, on behalf of the Council, expressed sympathy to Councillor Caoimhin Mac Giolla Mhín and to his wife and former Member of the Council, Mrs. Christine Mhic Giolla Mhin, on the recent death of her mother.

Her Majesty The Queen

At the request of the High Sheriff (Councillor Kingston), the Lord Mayor agreed to write to Her Majesty the Queen to convey best wishes for a speedy recovery after her recent illness.

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Councillor Spence

The Lord Mayor, on behalf of the Council, extended congratulations to Councillor Spence on the occasion of his twenty-first birthday.

Minutes

Moved by the Right Honourable the Lord Mayor (Alderman Robinson), Seconded by Councillor Hendron and

Resolved – That the minutes of the proceedings of the meeting of the Council of 4th February be taken as read and signed as correct.

Change of Membership

The Council was advised that notification had been received from the Democratic Unionist Party indicating that it wished to replace Councillor McKee with Councillor Spence on the North Belfast District Policing Community Safety Partnership; and that it wished Councillor McKee to replace Councillor Spence on the Belfast Policing and Community Safety Partnership.

The Council approved the aforementioned changes.

Deputation – Ovarian Cancer Awareness Month

The Chief Executive reported that correspondence had been received from Mrs. Una Crudden seeking permission to address the Council on the matter of Ovarian Cancer Awareness Month, which, he pointed out, would be the subject of a notice of motion later in the meeting. The Council acceded to the request and Mrs. Crudden was admitted to the meeting.

Mrs. Crudden advised the Council that she had been diagnosed with terminal ovarian cancer. She explained that there were a number of issues of concern which had been identified surrounding the disease, namely, the length of time it took for women to make initial visits to their doctors; the issue of misdiagnosis; and the availability of treatment in Northern Ireland. She indicated that five women, including herself, had been diagnosed with ovarian cancer at the same time and that she was the only one who was still alive. She pointed out that research had indicated that 37% of women in Northern Ireland lacked awareness in identifying the symptoms of ovarian cancer, a figure which was significantly higher than the United Kingdom average of 23%. She explained that she was campaigning to raise awareness of the symptoms of the disease and, to this end, had recorded a compact disc entitled ‘Angel of Hope’, the proceeds of which would be donated to the Northern Ireland Hospice. She concluded by requesting that the Council would agree to support unanimously the notice of motion which would be considered later in the meeting.

The Lord Mayor thanked Mrs. Crudden for her address to the Council and she retired from the meeting.

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Strategic Policy and Resources and Voluntary Transition Committees

Moved by Councillor Hargey, Seconded by Councillor Hendron,

That the minutes of the proceedings of the Strategic Policy and Resources Committee of 8th and 22nd February and the Voluntary Transition Committee of 8th February be approved and adopted.

Amendment

Application of d’Hondt Principles to the Allocation of Committee Places and Choices for Civic Dignitaries in June, 2013

Moved by Councillor Reynolds, Seconded by Alderman McCoubrey,

That the decision of the Strategic Policy and Resources Committee of 8th February under the heading “Application of d’Hondt Principles to the Allocation of Committee Places and Choices for Civic Dignitaries in June, 2013” be amended to provide that the procedure established in 2010 for the identification of the Lord Mayor and Deputy Lord Mayor be run twice during a Council term, that is, at the commencement of a Council term and again during the term if the party political strengths on the Council changed, taking account of any offices which a political party has held during the Council term.

On a recorded vote, twenty Members voted for the amendment and twenty-nine against and it was declared lost. A ‘no vote’ was recorded against Alderman Smyth

For 20 Against 29

The Lord Mayor (Alderman Robinson); The Deputy Lord Mayor (Councillor The High Sheriff (Councillor Kingston), Cunningham); Alderman Ekin; Aldermen Browne, Campbell, Humphrey, Councillors Attwood, Austin, McCoubrey, Newton, R .Patterson, M. E. Campbell, Convery, Corr, Curran, Rodgers, Stalford and Stoker; Garrett, Groves, Hanna, Hargey, Hartley, Councillors Haire, Hussey, Kyle, McKee, Hendron, Jones, Keenan, Kelly, Lavery, A. Newton, L. Patterson, Reynolds, Spence Mac Giolla Mhín, Mallon, Mullan, and Thompson. McCarthy, McNamee, Maskey, McCabe, McVeigh, Ó Donnghaile, Ó Muilleoir and O’ Neill.

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Amendment

Digital Hub

(Alderman Ekin declared an interest in this matter and left the Chamber whilst it was under discussion.)

Moved by Councillor Jones, Seconded by Councillor Hendron,

That the decision of the Strategic Policy and Resources Committee of 22 nd February under the heading “Digital Hub” be amended to provide that the project go ahead at the Cathedral Quarter location as recommended in the report to the Committee.

On a recorded vote, four Members voted for the amendment and forty-five against and it was declared lost.

For 4 Against 45

Councillors Curran, Hendron, Jones and The Lord Mayor (Alderman Robinson); McNamee. The Deputy Lord Mayor (Councillor Cunningham); The High Sheriff (Councillor Kingston), Aldermen Browne, Campbell, Humphrey, McCoubrey, R. Newton, R. Patterson, Rodgers, Smyth, Stalford and Stoker; Councillors Attwood, Austin, M. E. Campbell, Convery, Corr, Garrett, Groves, Haire, Hanna, Hargey, Hartley, Hussey, Keenan, Kelly, Kyle, Lavery, Mac Giolla Mhín, Mallon, Maskey, McCabe, McCarthy, McKee, McVeigh, Mullan, A. Newton, Ó Donnghaile, Ó Muilleoir, O’ Neill, L. Patterson, Reynolds, Spence and Thompson.

Amendment

ILLUMINATE – Project Completion and Governance Arrangements

Moved by Councillor Reynolds Seconded by Alderman Stalford

That the decision of the Strategic and Policy Resources Committee of 22nd February under the heading “ILLUMINATE – Project Completion and Governance Arrangements” be rejected and accordingly the Council agrees that the ILLUMINATE Project be combined with the issue of ‘other flags’ which were displayed at the City Hall, as recommended in the

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Equality Impact Assessment on the Flying of the Union Flag, and be included in a City Hall dressing policy to be equality screened.

On a recorded vote, twenty-one Members voted for the amendment and twenty- nine against and it was declared lost.

For 21 Against 29

The Lord Mayor (Alderman Robinson); The Deputy Lord Mayor (Councillor The High Sheriff (Councillor Kingston), Cunningham); Alderman Ekin; Aldermen Browne, Campbell, Humphrey, Councillors Attwood, Austin, M. E. McCoubrey, R. Newton, R .Patterson, Campbell, Convery, Corr, Curran, Garrett, Rodgers, Smyth, Stalford and Stoker; Groves, Hanna, Hargey, Hartley, Hendron, Councillors Haire, Hussey, Kingston, Jones, Keenan, Kelly, Lavery, McKee, A. Newton, L. Patterson, Reynolds, Mac Giolla Mhín, Mallon, Maskey, McCabe, Spence and Thompson. McCarthy, Mullan, McNamee, McVeigh, Ó Donnghaile, Ó Muilleoir and O’ Neill.

Further Amendment

ILLUMINATE – Project Completion and Governance Arrangements

Moved by Alderman Stoker, Seconded by Alderman Browne and

Resolved - That the decision of the Strategic and Policy Resources Committee of 22nd February under the heading “ILLUMINATE – Project Completion and Governance Arrangements” be amended to provide that the proposed lighting scheme to mark the ‘Orangefest’ celebrations would be in orange and purple rather than orange alone.

Further Amendment

ILLUMINATE – Project Completion and Governance Arrangements

Moved by Councillor Spence, Seconded by Councillor Hussey,

That the decision of the Strategic and Policy Resources Committee of 22nd February under the heading “ILLUMINATE – Project Completion and Governance Arrangements” be amended to provide that the City Hall be illuminated to celebrate the Queen’s Official Birthday by way of a red, white and blue colour scheme and be illuminated to commemorate Remembrance Day by way of a colour scheme of red and black.

On a vote by show of hands, twenty-one Members voted for the amendment and twenty-four against and it was declared lost.

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Amendment

Local Authority Members’ Association

Moved by Councillor Reynolds, Seconded by Councillor Hussey,

That the decision of the Strategic Policy and Resources Committee of 22nd February under the heading “Local Authority Members’ Association” be rejected and accordingly the Council be not represented at the seminar.

On a vote by show of hands twenty Members voted for the proposal and twenty- nine against and it was accordingly declared lost.

Adoption of Minutes

Subject to the forgoing amendment in relation to the proposed lighting scheme to mark Orangefest, the minutes of the proceedings of the Strategic Policy and Resources Committee of 8th and 22nd February and the Voluntary Transition Committee of 8th February were approved and adopted.

Parks and Leisure Committee

Moved by Councillor McCabe, Seconded by Councillor McNamee,

That the minutes of the proceedings of the Parks and Leisure Committee of 14th and 18th February be approved and adopted.

Amendment

High Hedges Act - Implementation Review

Moved by Councillor McKee, Seconded by Councillor Patterson and

Resolved - That the minutes of the Park and Leisure Committee of 14th February under the heading ‘High Hedges Act - Implementation Review’ be amended to provide that a letter be forwarded to the Minister with responsibility for the Department of the Environment enquiring as to the steps which could be taken within the legislation to address the problem of high hedges at properties at which no owner could be identified.

Adoption of Minutes

Subject to the foregoing amendment, the minutes of the proceedings of the Parks and Leisure Committee of 14th and 18th February were approved and adopted.

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Development Committee

Moved by Alderman Stalford, Seconded by Councillor Ó Muilleoir,

That the minutes of the proceedings of the Development Committee of 5th and 19th February be approved and adopted.

Amendment

Windsor Park Stadium Development

Moved by Alderman Rodgers, Seconded by Alderman Stalford and

Resolved - That the minute of the Development Committee of 19th February under the heading “Windsor Park Stadium Development” be amended to provide that a letter be forwarded by the Chief Executive to the President of the Irish Football Association expressing the Council’s concern that the Lord Mayor had not been invited to the official event to announce that the stadium development had been approved.

Northern Ireland Local Government Awards

Resolved - That the Lord Mayor would write to those Council staff who had been involved the Super-Connected Belfast and Belfast Enterprise Academy projects, which had been successful at the at the Northern Ireland Local Government Awards on 28th February.

Adoption of Minutes

Subject to the foregoing amendment, the minutes of the proceedings of the Parks and Leisure Committee of 14th and 18th February were approved and adopted.

Health and Environmental Services Committee

Moved by Councillor McCarthy Seconded by Councillor Keenan

That the minutes of the proceedings of the Health and Environmental Services Committee of 6th February be approved and adopted.

Request to Waive Building Regulation Fees for the Installation of Loft Insulation

At the request of Councillor Reynolds, the Council agreed to the amendment of the decision of the Committee of 6th February under the heading “Request to Waive Building Regulation Fees for the Installation of Loft Insulation” to provide that a letter be forwarded to the Minister for Enterprise, Trade and Investment in the same terms as that which would be forwarded to the Minister for Finance and Personnel in this regard.

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Adoption of Minutes

Subject to the foregoing amendment, the minutes of the proceedings of the Health and Environmental Services Committee of 6th February were approved and adopted.

Health and Environmental Services Committee - Bye-Laws

(i) Resolved – that the Council agrees to make an Order under the Dog Control Order in Belfast entitled The Dogs (Specified Maximum) (Belfast) Order 2012 to be effective from 1st April 2013, to limit the number of dogs that a person can be in control of at any one time to four; and

(ii) Resolved – that the Council agrees to make an Order entitled Free Printed Matter (Belfast) Designation Order 2012 to be effective from 1st May 2013 which will control the free distribution of printed matter in the areas set out within the report to Health and Environmental Services Committee of 6th February, 2013.

Licensing Committee

Moved by Alderman Ekin, Seconded by Councillor Hussey and

Resolved - That the minutes of the proceedings of the Licensing Committee of 20th February, omitting those matters in respect of which the Council had delegated its powers to the Committee, be approved and adopted.

Town Planning Committee

Moved by Councillor L. Patterson, Seconded by Councillor Lavery,

That the minutes of the proceedings of the Town Planning Committee of 7th and 21st February, omitting those matters in respect of which the Council had delegated its powers to the Committee, be approved and adopted.

46 Sicily Park Z/2011/0902/F

At the request of Councillor Hanna, and with the permission of the Council, the application in respect of the above-mentioned application was referred back to the Committee for further consideration.

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Amendment

Z/2012/1108/F 2 Oceanic Avenue

Moved by Alderman Reynolds, Seconded by Alderman Stalford,

That the decision of the Town Planning Committee of Thursday, 21st February, 2013 under the heading “Z/2012/1108/F 2 Oceanic Avenue” be rejected and accordingly the Council agrees not to accept the opinion of the Divisional Planning Manager to approve the application.

On a recorded vote, twenty-six Members voted for the amendment and twenty- one against and it was declared carried.

For 26 Against 21

The Lord Mayor (Alderman Robinson); The Deputy Lord Mayor (Councillor The High Sheriff (Councillor Kingston), Cunningham); Alderman Ekin and Aldermen Campbell, Humphrey, Councillors Austin, M. E. Campbell, Corr, McCoubrey, R. Newton, R. Patterson, Curran, Garrett, Groves, Hargey, Hartley, Rodgers and Stalford; Hendron, Jones, Lavery, Mac Giolla Mhín, Councillors Attwood, Convery, Haire, McNamee, Maskey, McCabe, McVeigh, Hanna, Hussey, Keenan, Kelly, Kyle, Ó Donnghaile, Ó Muilleoir and O’ Neill. Mallon, Mullan, McCarthy, McKee, A. Newton, L. Patterson, Reynolds, Spence and Thompson.

Adoption of Minutes

Subject to the foregoing amendments, the minutes of the proceedings Town Planning Committee of 7th and 21st February were approved and adopted.

Notices of Motion

Carl Frampton

Moved by Councillor Spence, Seconded by Councillor L. Patterson,

This Council congratulates Carl Frampton on becoming the European Boxing Union Champion and agrees to have a civic reception to recognise the achievements he has made to date.

In accordance with Standing Order 11(e), the Lord Mayor pointed out that the matter would be referred to the Strategic Policy and Resources Committee without debate.

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Ovarian Cancer Awareness Month

Moved by Councillor Mallon, Seconded by Councillor McNamee and

Resolved - This Council welcomes Ovarian Cancer Awareness Month in March; notes with concern that this type of cancer is the fourth most common in women; and agrees to write to the Minister for Health, Social Services and Public Safety urging that further efforts are made to raise awareness among health professionals and women alike of the symptoms of ovarian cancer, in order to increase the rate of early diagnosis of the disease and therefore improve survival rates.

Organ Donation

Moved by Councillor Mullan, Seconded by Alderman Humphrey and

Resolved - This Council welcomes the calls for consultation around the introduction of an opt-out organ donation scheme to increase the number of organ donors here; notes with concern the current serious shortage of organ donors; and agrees to write to the Minister for Health urging him to explore the introduction of such a scheme which would help save the lives of the many seriously ill people currently on long waiting lists dependent on the gift of organ donation.

Shared City Vision

Moved by Councillor Attwood, Seconded by Councillor Curran,

The Investment Programme, which the Council launched a year ago, was a strong and visible symbol of the Council’s leadership of the city and its desire to improve quality of life across Belfast. This Council now commits to underlining its city leadership role by engaging key city stakeholders, community partners and the people of the city in creating a longer-term, shared city vision, underpinned by a set of clear quality of life outcome indicators.

In taking this action, the Council will be well prepared for its new role in 2015 when it will be the planning and regeneration authority for Belfast with a duty to create a community plan for the area. This work will provide a clear statement of ambition for Belfast and act as a focus for partnership working. It will allow us to set the bar high for delivery for each and every community across Belfast. A city outcomes framework will help ensure the decisions the Council and its partners make about investment and service delivery are evidenced-based and have the

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greatest chance of improving competitiveness, reducing inequalities and tackling persistent disadvantage.” In accordance with Standing Order 11(e), the Lord Mayor indicated that the matter would be referred to the Strategic Policy and Resources Committee without debate.

City Centre Planning Policy

Moved by Councillor McCarthy, Seconded by Councillor Mallon,

This Council notes with interest the Department for Social Development’s publication of the ‘High Street Taskforce Report’ which highlights the adverse impact on city and town centres by what is perceived as an 'imbalanced spatial planning policy’ which high street retailers have stated entices shoppers away from the city and town centres to out-of-centre shopping centres;

It recognises that the Regional Development Strategy (2035), adopted by the NI Executive in 2012, states under SFG3 that Belfast City Centre should be enhanced and that the role of Belfast City Centre as the primary retail location in Northern Ireland should be supported and strengthened;

It notes the advice of the DoE Minister to the planned Public Inquiry into the planning application for a department store, nineteen other retail units and a number of restaurants at Sprucefield outside Lisburn, which would restrict future retail developments there to outlets selling only bulky goods; and endorses the integrated policy approach from DoE, DSD and DRD which will strengthen and protect the position of Belfast City Centre and town centres across the North.”

In accordance with Standing Order 11(e), the Lord Mayor indicated that the matter would be referred to the Development Committee without debate.

Lord Mayor Chairman

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Strategic Policy and Resources Committee

Friday, 1st March, 2013

SPECIAL MEETING OF STRATEGIC POLICY AND RESOURCES COMMITTEE

Members present: Councillor Hargey (Chairman); Alderman Campbell; and Councillors Attwood, Convery, Corr, Haire, Hendron, Hussey, McVeigh, Mac Giolla Mhín, Ó Muilleoir and Reynolds.

Also attended: Alderman Rodgers; and Councillors Garrett, Keenan, McCabe, Mullan and Spence.

In attendance: Mr. P. McNaney, Chief Executive; Mr. R. Cregan, Director of Finance and Resources; Mr G Millar, Director of Property and Projects; Mr A Hassard, Director of Parks and Leisure; and Mr. J. Hanna, Senior Democratic Services Officer.

Apologies

Apologies for inability to attend were reported from Alderman R. Newton and Councillors McCarthy and A. Newton.

Gaelic Athletic Association – Presentation on Casement Park

The Chief Executive reported that, due to the short notification, the representatives of the Gaelic Athletic Association would not be in attendance in relation to a presentation on Casement Park.

The Committee agreed that they be invited again to a future meeting.

Leisure Review

The Committee was reminded that, at its meeting on 25th January, it had agreed to hold a special meeting to receive a presentation from representatives of Deloitte MCS Limited in relation to its findings on the review of the Council’s Leisure Estate.

It was reported that Ms. J. Henry, Ms. A. Wilson and Mr. C. McStephens were in attendance and they were welcomed to the meeting by the Chairman.

With the assistance of visual aids, Ms. Henry outlined the rationale for the review. She explained that it had considered specifically the current status of the Leisure Estate and outlined options for future Council leisure provision across the City.

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A comprehensive research process, including comparator analysis, had been undertaken, as well as an examination of best practise elsewhere. In addition, a range of meetings with Party Leaders and strategic stakeholders had taken place. She indicated that it was evident from the review that the issues facing the Council were significant and the scale of transformation was unparalleled in Belfast. Given the challenges, matched by the ambition of the elected representatives of the Council and their partners, a step change was needed for a modern, sustainable and fit-for-purpose leisure provision in the 21st century.

Ms. Henry indicated that the research had revealed that there was a compelling case for change and had provided the following reasons:

• The majority of the Leisure Estate was old and costly to maintain; • Alongside significant ongoing Council investment, usage of the facilities had been falling; • There was a need to better utilise the public estate; • There were a number of strategic opportunities available to the Council to co-operate with other sectors and work across administrative boundaries; • The reform of local government had implications for the Leisure Estate; • There was an urgent need to re-focus services to positively impact health incomes; and • People’s expectations around leisure facilities had changed while the majority of the Belfast Leisure’s Estate had not.

Mr. McStephens explained that any decisions on the future Council Leisure provision should be underpinned by the following six principles: quality; focus on health and well-being outcomes; value for money; balanced investment and accessibility; partnership; and affordability. He stated that, whilst there was a preferred option, one size did not fit all and certain areas of the City had specific needs and issues in relation to leisure provision.

He indicated that were a range of options for both the delivery and the funding and management of the Leisure Estate, and reviewed each of these in turn and indicated that each of the options had been delivered elsewhere, including within Northern Ireland. In conclusion, he reviewed the way forward and stated that transformation would help the Council deliver on economic, social and environmental outcomes. However, taking no action or only partial action would mean that the Council would fall short on those.

The members of the deputation then answered a number of questions from the Members and, the Chairman, on behalf of the Committee, thanked them for attending and they left the meeting.

The Chief Executive then tabled for the information of the Members the undernoted report:

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“1.0 Relevant background information

Under the Investment Programme Implementation Plan, agreed by Strategic Policy and Resources Committee in June 2012, it was agreed that a project would be initiated to enable the re-development of the leisure estate and that research would be undertaken to develop options.

Deloitte MCS Limited was appointed to undertake this piece of work to provide an evidence base on Belfast’s leisure estate needs. The report has now been completed and the key findings will be presented at the meeting by Deloitte MCS Limited. A copy of the Executive Summary and the full report will be available for Members at Committee.

2. Key issues

2.1 It is recognised that Members require time to digest the issues raised by the report and its organisational implications. For the purposes of discussion, the report highlights four primary drivers for change:

- Financial: the subsidy for leisure services and average annual cost to the ratepayer is currently £8.01 million. The estate is aging, costly to maintain and energy-inefficient. The physical improvement of the leisure estate is dependent on the Council’s agreed medium term financial strategy, the success of service improvements (e.g. increased throughput) and the future business model. - Health outcomes: the worst nine wards in Northern Ireland in terms of health deprivation are in Belfast. There needs to be a sharpened focus on improving health outcomes – getting more people, more active, more often – and the re-development of the physical leisure estate will only partially achieve the Council’s ambitions in this regard. - Strategic opportunities: there are a number of imminent strategic opportunities for the Council to maximise its investment in the future provision of a fit-for-purpose leisure estate, including the stadia developments, Girdwood, health estate review, Social Investment Fund and greater collaborative working on asset sharing and service delivery. - Review of Public Administration: from 2015, Belfast will incorporate large areas of Castlereagh and Lisburn district councils. Plans need to be made now to ensure adequate leisure and recreational facilities are available, particularly with the

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likelihood that the rate burden in these areas will be increased to be brought into line with the rest of the city.

2.2 Emerging strands of work

The key challenge now for the Council is to develop a programme of work which will deliver the next generation of health and well-being provision in the city. The scale and scope of the solution is likely to require 3 major strands of work:

1. To deliver the physical transformation of the leisure estate 2. To enable service transformation to address health inequalities and deliver better health outcomes 3. To create a value for money service and the realisation of cash savings to support the part-financing of the physical transformation programme

Both the development and the implementation of these 3 strands will require a dedicated team and potentially the support of external expertise, particularly alongside major programmes of work in relation to the commitments in the Investment Programme as well as the Reform of Local Government.

It is proposed that a detailed report on the resource requirements will be prepared for presentation to Committee in April 2013.

2.3 Engagement

It is proposed that a detailed Transformation Programme would be presented to Committee in September. To achieve this target deadline, it is proposed that the Council now starts a sustained engagement process which will include:

1. Political: Committee, party groups, Area Working Groups and Member working group 2. Staff: staff improvement panels, trade union fora and advisors (e.g. finance; HR) 3. Stakeholders: strategic partners for capital and revenue programmes.

Given the constraints of Members availability and, at the same time, the scale of the work ahead, it is suggested that a small group of Members convene in order to facilitate in-depth dialogue on the critical issues. It is envisaged that this

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engagement will require a series of study visits to examine good practice elsewhere. It is suggested these should be undertaken at the earliest opportunity in April and May.

2.8 Finance and Resourcing Strategy

Depending on political agreement, there are substantial capital costs over a period of 5 - 10 years which will have to form part of the Council’s medium term financial plan.

In order to inform this, it is proposed that an initial high level affordability paper is presented to Committee in April. This will outline the potential options for finance which will include the likely borrowing requirements, the establishment of a Leisure Capital Fund, the realisation of cash savings of up to £2million from the leisure budget and the potential impact on other capital funding streams.

2.9 Legal advice and equality considerations

In order to ensure that the transformation programme is designed to enable the Council to not only meet its strategic objectives, it is also imperative that its legal and equality obligations are fulfilled. As part of this preparation period, updated legal and equality advice will be sought to inform Members’ decision-making.

The Council’s Equality consultative forum is also meeting during this period, and officers will present the Deloitte report for their feedback and comment. This will inform the development of an equality strategy for the transformation programme, which will identify the key stages at which the Council will screen the programme for equality and good relations impacts.

3.0 Decisions required

Strategic Policy and Resources Committee is asked to grant authority for officers to:

3.1 Initiate a sustained engagement process, and to seek nominees from political parties to establish a Members’ working group

3.2 Prepare further reports on a resourcing strategy (April 13), a high level affordability paper (April 13) and an agreed Transformation Programme (September 13), following in-depth Member, staff, trade union and external stakeholder consultation

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3.3 Organise a study visit for Members in April, accompanied by the Chief Executive, the Directors of Parks and Leisure and Finance and Resources, and/or their nominees. Allowance for travel, meals and accommodation, based on standard Council subsistence rates, has been made in current revenue budgets to cover this expenditure

3.4 Facilitate in-depth engagement with strategic stakeholders to explore co-investment opportunities under the leisure transformation programme

3.5 Obtain updated legal and equality advice for the purposes of the transformation programme.”

The Chief Executive reviewed the main aspects of the report and indicated that the review was about both leisure and health transformation and what the Council was trying to achieve in terms of outcomes and in terms of affordability. He indicated that the Council would require dedicated resources specifically allocated to the review and in this regard further proposals would be made establishing a health and leisure transformation team.

The Chief Executive and the Directors of Parks and Leisure and Finance and Resources then answered a number of questions from the Members.

After further discussion, the Committee adopted the recommendations contained in the report.

Chairman

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Strategic Policy and Resources Committee

Friday, 8th March, 2013

MEETING OF STRATEGIC POLICY AND RESOURCES COMMITTEE

Members present: Councillor Hargey (Chairman); Aldermen M. Campbell and R. Newton; and Councillors Attwood, Convery, Corr, Haire, Hanna, Hendron, Hussey, Jones, Lavery, Maskey, McCarthy, McVeigh, Mac Giolla Mhín, Ó Muilleoir and A.Newton.

Also Attended: Councillor Spence.

In attendance: Mr. C Quigley, Assistant Chief Executive\Town solicitor; Mr. R. Cregan, Director of Finance and Resources; Mr. G. Millar, Director of Property and Projects; Mr. S. McCrory, Democratic Services Manager; and Mr. J. Hanna, Senior Democratic Services Officer.

Apology

An apology for inability to attend was reported by Councillor Reynolds.

Minutes

The minutes of the meetings of 8th and 22nd February where taken as read and signed correct. It was reported that those minutes have been adopted by the Council at its meeting on 4th March, subject to the amendment of the minute under the heading “ILLUMINATE - Project Completion and Governance Arrangements” to provide that the proposed lighting scheme to mark the Orangefest celebrations would be in orange and purple rather that orange alone.

Investment Programme

Maximising the Regeneration Impact of the Stadia Developments The Director of Property and Projects submitted for consideration the undernoted report:

“1 Relevant Background Information

1.1 In receiving a presentation on the Leisure Estate Review at a special meeting on 1 March 2013 the Committee asked that a further detailed report was produced detailing progress and regeneration opportunities in relation to the stadia development.

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2 Progress to Date

2.1 In 2011 the Council commissioned and endorsed a report that set out potential regeneration opportunities in the broader areas adjacent to the two stadia and tasked Council officers to engage with the stadia developers to mutual advantage.

2.2 For most of 2012 engagement was limited due in large part to the sporting bodies ie IFA and GAA together with Sports NI, who were managing the process, being fully focussed on the stadium delivery. There is a tight timeline for delivery in that the public money allocated to the stadium must be spent within the Comprehensive Spending Review period which ends in 2015 or else it is at risk. As a result very limited attention was given to wider regeneration issues.

2.3 During 2012 the Department of Culture Arts and Leisure (DCAL) took a more hands on approach to the delivery process and began to seek evidence of community benefit from the stadium schemes given the level of public money being made available. DCAL retain a percentage of the overall funding for the stadia which it can make available for sustainable community benefit if it is satisfied with the proposals.

2.4 In November 2012 DCAL officials met Council staff to seek Council support in creating additional community benefit. While this was a welcome approach it is very tightly time bound as DCAL was seeking Council commitment in line with its stadium delivery schedule which had started and requires major Council decisions by April/May 2013.

2.5 Committee in December 2012 agreed that officials should continue to work on a strategy with DCAL, IFA and GAA to ensure the greatest mutual benefit in terms on community gain from these projects and to report back in January in the context of the Leisure Estate Review.

2.6 In January 2013 Committee agreed:

• to note the potential for comprehensive regeneration at both sites through collaborative development and the wider social, physical and economic benefits possible through maximising the major DCAL investment as a key element of Phase 1 of the Leisure Review.

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• to approve in principle the redevelopment of both the Olympia and Andersonstown Leisure Centres and associated assets to form Phase 1 of the Citywide Leisure Review to allow progression to stage 2 appraisal as part of the Capital Programme.

• to approve the proposed timetable and process for concurrent development of options for both sites

• to note the proposed public engagement focus on options

• to approve the progression of further analysis of options 1 and 2 emerging from the feasibility study on Windsor/Midgely Park/Olympia by Hamilton Architects

• to note the continuing development of initial concepts around Casement Park/Andersonstown by Consarc Design Group.

3 Key Issues – Windsor/Olympia

3.1 Option 2 which includes moving leisure provision into the new stadium; relocation of community centre provision into the Village area; redevelopment of the Olympia site to provide a new alignment and replacement for Midgely Park; a new pitch; play provision; some commercial development and new public realm and access to the stadium from Boucher Road was the Council preference.

3.2 Two community engagement sessions have taken place and during debate option 2 is closely aligned to public response although further consultation will be necessary on detail.

3.3 DCAL/Linfield and the IFA also favour this option as the Council use of stadium space for leisure in the widest sense meets the sustainable community benefit criteria and of course it provides a much better setting and access for the new stadium adding to its offer.

3.4 Currently an economic appraisal is underway to test the extent of leisure offer available in the stadium space, the cost of the overall option as opposed to replacing Olympia as is, including IFA rental agreements with Linfield on Midgely Park etc.

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3.5 If option 2 is viable it can really only happen in two phases:

i. to build the leisure element in the stadium and;

ii. when that is complete demolish Olympia and redevelop the site as Phase 2. Obviously this allows continuity in terms of leisure provision but will mean some temporary loss of pitch provision to both the Council and Linfield.

3.6 The big issue for DCAL/IFA in regard to this is timetable. Planning permission for Windsor has been granted including an extension to the West stand which could provide leisure space. DCAL/IFA intend to begin construction in September and would need a decision from Council in April/May as to whether or not option 2 Phase 1 and 2 is a consideration for the tendering process.

3.7 It is intended that worked up capital costs for the option(s) to redevelop Olympia will be available for Members in the April/May period. Obviously this will be a major decision in terms of capital spend as Phase 2 and Andersonstown Sites run in conjunction if approved.

4 Key Issues – Casement/Andersonstown

4.1 Options for collaborative leisure at Casement/Andersonstown essentially is one of three broad options:

i. development leisure space within the stadium equivalent in space terms to the existing leisure centre and redevelop the leisure site in some other way;

ii. Share leisure provision with between the stadium and a replacement of the Andersonstown Leisure Centre site.

iii. Provide all new leisure facilities at the Andersonstown Leisure Centre site and have a different form of community benefit associated with the stadium.

4.2 A number of meetings took place with the GAA integrated design team to test option (i) and after some difficulties about available space proposals were identified that could provide equivalent floor space within the stadium to include both wet and dry facilities.

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4.3 The option however had some obvious drawbacks in that it required additional basement development for a pool which besides construction cost increases had implications for the stadium timetable which is running behind the Windsor Park programme. Furthermore there may be operational and access restriction on major match days and it would take a further two months design work to get a real understanding of cost and facilities available.

4.4 A public meeting was also held in Andersonstown Leisure Centre which was very well attended in regard to the three options above and there was overwhelming support for option (iii) i.e replace the Andersonstown Leisure Centre on its existing site. Both DCAL and the GAA were at the public meeting.

4.5 Although one public meeting does not represent everyone the view from political representatives in the area is also that a replacement of Andersonstown on the existing site is preferable with a different form of community benefit to be derived from the stadium development.

4.6 Council officers view is that there is very limited scope in continuing with a leisure centre within the stadium option given the obvious difficulties. We have however continued engagement with DCAL officials as to how best to ensure community benefit for the public money associated with Casement.

4.7 As noted DCAL have constituted an interdepartmental group to develop comprehensive regeneration plans and have indicated to Council officers that community benefit could be extended outside the stadium boundary to potentially North Link pitches eg the Ravenhill stadium community benefit proposal is considering a pitch in a nearby school.

4.8 In terms of the Leisure Centre site initial planning assessment indicate that planning would be available for the replacement Leisure Centre on the same location or included behind the existing centre to allow continuity of provision during construction and then some commercial development on the road frontage. There will of course be some issues with neighbours and tenants ie Ulster Bank.

4.9 The planners were opposed to any car park provision on the site associated with the stadium development however it may be worthwhile for the Council to commission a wider traffic impact study in the effect of both stadiums and

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associated regeneration plans given the potential impact to the South West of the City and the Boucher Road area in particular which contains a number of Council assets.

4.10 Council officers have also been in contact with DSD who have a high level South West Gateway Masterplan which they are about to begin to operationalise particularly in regard to traffic issues and would be keen to work with Council.

5 Comprehensive Regeneration

5.1 DCAL have had one meeting of an interdepartmental group intended to create comprehensive regeneration plans which a Council officer attended. Rather than wait until this group again meets and as per the Committee’s decision on 1 March, Council officers have begun developing comprehensive regeneration plans, the first cut of which is attached as an appendix.

5.2 Various reports commissioned by the Council have identified the major physical, social and economic regenerative impacts of stadia development and the consequent economic multiplier effect. Consideration needs to be given to the benefits of greater construction spend, the use of social clauses, tourism, economic development, support etc.

5.3 Member’s views are sought on these over the next few weeks as Council officers engage with other departments in terms of making these plans reality.

6 Resource Implications

6.1 Financial

Not quantified at this stage but likely to involve significant financial investment in regard to the two leisure centres and associated assets required to fulfil regeneration opportunities.

6.2 Human Resources

There will be significant staff resource requirements from relevant departments in order to develop each project in line with DCAL’s tight timeframe.

6.3 Potential staffing issues will be examined as part of the overall review of the leisure estate. Any resultant HR issues will be managed in accordance with the Council’s processes,

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policies and procedures for dealing with HR matters and TU consultation.

6.4 Asset and Other Implications

Unknown at this stage, however comprehensive regeneration of the significant stadium developments should lead to improved services and benefits for the community and aesthetic improvements at Council sites.

7 Recommendations

7.1 The Committee is asked to:

1. To note progress to date.

2. To move both regeneration plans forward in tandem and in conjunction with government departments given the one off strategic opportunity and DCAL community benefit commitment.

3. To engage in whichever way suits Member best with officers and provide feedback on the appended draft regeneration plans.

4. To continue the in principle decision to move both the Olympia and Andersonstown Leisure Centres to stage 2 of the Capital Programme as the first phase of the Citywide Leisure Estate Review; and to develop both regeneration plans concurrently as far as possible working toward an investment decision in May with a completion date in 2016.

5. To refocus the economic appraisal at the Casement/Andersonstown development on the Andersonstown site and maximise regeneration benefits of both the Leisure Centre and Stadium.

6. To authorise officers to undertake a wider traffic impact study for South West Belfast in conjunction with DSD in the first instance.”

The Direct of Property and Projects provided details in relation to the work which had been undertaken in order to date and the work which was still required to be undertaken in order to progress the matter.

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After discussion, the Committee adopted the recommendations and agreed also that work be undertaken in order to draw up a consultation plan for leisure provision for the east and north of the city and that a report thereon be submitted to the Committee in due course.

Democratic Services and Governance

Appointments to the Belfast Education and Library Board

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Members will recall that, at the meeting on 18th May, 2012, the Committee was reminded that correspondence has been received from the Department of Education indicating that, following the selection process which had been carried out to appoint 4 Members to the Board from the 8 names submitted, which involved the completion of application forms by the nominees, an eligibility sift of applications against the criteria and, for those who met the eligibility criteria, a conversation with a purpose, the outcome was that three of the nominees did not progress beyond the eligibility sift stage and one candidate had withdrawn from the process.

1.2 This has resulted in only four eligible candidates remaining in the process and the Minister for Education has asked for the current pool of candidates to be augmented before he made his choice of candidates to be appointed. The Department had therefore requested the Council to submit an additional four nominations, who would be required to undergo the same selection process as that set out above. It was noted at that time that those Councillors who had previously been nominated and who did not progress beyond the eligibility sift would not be eligible for re-nomination.

1.3 The Committee agreed that the Minister be requested to make as many appointments as possible from those candidates who had already been deemed to be appointable, in line with the Council’s d’Hondt system of proportionality which provided that the four appointments should comprise two Sinn Féin Party representatives and one each from the Democratic Unionist and Social Democratic and Labour Parties, with any places remaining unfilled using this process to be selected from those Parties which had not been offered their

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entitlement. In addition, the Committee agreed that should the Minister not agree to make such appointments, then the undernoted process should be employed to select the additional four nominations:

Choice 11 – Democratic Unionist Choice 12 – Sinn Fein Choice 13 – Democratic Unionist Choice 14 – Alliance

1.4 However, if the Democratic Unionist Party maintained its previous position of only submitting one candidate (which it had already done as part of the process in October, 2011), then the nominations from the Parties willing to supply names would fall to:

Choice 12 – Sinn Fein Choice 14 – Alliance Choice 15 – Ulster Unionist Choice 16 – Sinn Fein

2 Key Issues

2.1 Correspondence has now been received from the Department indicating that the Minister is unwilling to make any appointments to the Board until he receives an additional 4 nominations from the Council and those persons have completed the selection process. Accordingly, in line with the Committee decision of 18th May, the Party Leaders concerned have been requested to provide the names of suitable candidates.

3 Resource Implications

3.1 None.

4 Equality and Good Relations Implications

4.1 None. The identification of those Parties entitled to nominate Members for consideration for appointment is based upon the Council’s accepted system of proportionality.

5 Recommendations

5.1 The Committee is requested to note the information.”

The Committee noted the information which had been provided.

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Request for the use of the Council Chamber

The Committee was advised that a request had been received from the Council’s Parks and Leisure Department for the use of the Council Chamber to facilitate a discussion between the Council’s Youth Forum and the Sligo Youth Parliament. The event would take place on Saturday, 13th April and would include thirty young people and leaders.

The Democratic Services Manager reminded the Committee that the Growing Respect Programme was funded as part of Belfast’s PEACE III Plan and was overseen by the Parks and Leisure Department. The Youth Parliament had been asked to participate in the Cross-Border element of the Programme. As part of its participation through exchange visits, the Department would like to host a facilitated discussion with Sligo Youth Parliament which would encourage them to explore common issues, such as young people’s possible involvement in local government decision making. The event would involve young people aged between thirteen and eighteen and there would be adequate staff and other leaders available to ensure the smooth running and safety of the event.

The Committee agreed to accede the request.

Notice of Motion Re: Carl Frampton

The Committee was reminded that at the Council meeting on 4th March the following Notice of Motion had been proposed by Councillor Spence:

“This Council congratulates Carl Frampton on becoming the European Boxing Union Champion and agrees to have a civic reception to recognise the achievements he has made to date.”

In accordance with Standing Order 11(e), the Motion stood referred without discussion to the Committee.

With the permission of the Chairman, Councillor Spence indicated that, in his opinion, there were two possible options which the Committee could consider for the hosting of an event to recognise the achievements to date of Carl Frampton. The first would be similar to the event which had been held in 2010 to recognise the achievement of Paddy Barnes in winning the Gold Medal in the European Amateur Boxing Championships or, secondly, the Committee might consider holding a larger event in the Banqueting Hall which would allow for a wider range of persons to be invited.

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After discussion, the Committee agreed to the hosting of an event, similar to that which had been held in 2010 for Paddy Barnes, to recognise the achievements to date of Carl Frampton.

Notice of Motion Re: Shared City Vision

The Committee was reminded that at the Council meeting on 4th March, the undernoted Notice of Motion had been proposed by Councillor Atwood:

“The Investment Programme, which the Council launched a year ago, was a strong and visible symbol of the Council’s leadership of the city and its desire to improve quality of life across Belfast. This Council now commits to underlining its city leadership role by engaging key city stakeholders, community partners and the people of the city in creating a longer-term, shared city vision, underpinned by a set of clear quality of life outcome indicators.

In taking this action, the Council will be well prepared for its new role in 2015 when it will be the planning and regeneration authority for Belfast with a duty to create a community plan for the area. This work will provide a clear statement of ambition for Belfast and act as a focus for partnership working. It will allow us to set the bar high for delivery for each and every community across Belfast.

A city outcomes framework will help ensure the decisions the Council and its partners make about investment and service delivery are evidenced-based and have the greatest chance of improving competitiveness, reducing inequalities and tackling persistent disadvantage.”

In accordance with Standing Order 11 (e), the Motion had stood referred to the Committee without debate.

The Committee agreed that a report and Action Plan be submitted to the Committee in due course encompassing the terms and issues as set out in the Motion.

Cross-Cutting Issues

Belfast Health and Social Care Board - Consultation on the Future of Emergency Services Departments in Belfast

The Committee was advised that the Belfast Health and Social Care Board was undertaking a consultation exercise on the Future Configuration of Emergency Department Services in Belfast and had offered to brief the Committee on the options in

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this regard. The consultation period would last for 13 weeks and the deadline for responses was 10th May, 2013.

The Committee agree to hold a briefing session, to which all Members of the Council would be invited, to receive a presentation in this regard.

Chairman

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Strategic Policy and Resources Committee

Friday, 22nd March, 2013

MEETING OF STRATEGIC POLICY AND RESOURCES COMMITTEE

Members present: Councillor Hargey (Chairman); Aldermen M. Campbell and R. Newton; and Councillors Attwood, Convery, Corr, Haire, Hussey, Jones, Lavery, Maskey, McCarthy, McVeigh, Mac Giolla Mhín, Ó Muilleoir, A. Newton and Reynolds.

In attendance: Mr. P. McNaney, Chief Executive; Mr. R. Cregan, Director of Finance and Resources; Mr. J. McGrillen, Director of Development; Mr. G. Millar, Director of Property and Projects; and Mr. J. Hanna, Senior Democratic Services Officer.

Apology

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

Declarations of Interest

No declarations of interest were reported.

Investment Programme

Draft Communications Plan Update

(Mr. E. Deeny, Head of Corporate Communications, attended in connection with this item.)

The Head of Corporate Communications submitted for the Committee’s consideration a report outlining a draft Communications Plan in relation to the Investment Programme. He reminded the Members that the Investment Programme had been launched in February, 2012 in the Belfast Waterfront Hall and at a number of smaller events throughout the community. A short-term communications plan had been approved by the Committee, at its meeting on 18th May, 2012. This had included recommendations for media coverage, website updates, internal communications and coverage in City Matters magazine for a range of projects and initiatives. It had also outlined designs for ‘branding’ Investment Programme projects, particularly on temporary signs at construction sites.

He explained that, one year into the Programme, it was important that communications around the Investment Programme were stepped up. To that end it was vital that the Council:

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• developed overarching key messages about the Council’s work overall, as well as second tier messages dealing specifically with the progress of the Investment Programme;

• developed a communications strategy and action plan of planned public relations activity and events;

• developed individual communications plans for each major project; and

• considered how the work of area working groups could be publicised.

He pointed out that the starting point had to be a review of the published aims of the Investment Programme, which should be used as a benchmark to compare progress to date, with a view of having up-to-date information and lines to take in areas that were likely to be of most interest to the media including:

• finances secured;

• job, training and education opportunities;

• projects completed/investment to date; and

• major projects and the next twelve months, particularly in the areas of jobs created, finances secured, level of investment, projects completed or underway and those that would be progressed in the coming year.

The Head of Corporate Communications reviewed the overarching key messages which needed to be continually highlighted in press material and in response to press queries, in major speeches, at the monthly Council meetings when the media were present, and in publications. He reviewed also the key facts and figures regarding the commitments which had been made in relation to the physical investment, the investment in local economic growth, investment in people, communities and neighbourhoods and value-for-money. In order to maintain interest and highlight the achievements of the Council, a draft Communications Plan had now been developed and he outlined the main points contained therein.

After discussion, the Committee approved the draft Communications Plan for the Investment Programme and the template for quarterly updates to the Strategic Policy and Resources Committee.

Social Investment Fund

The Director of Property and Projects submitted for the Committee’s consideration the undernoted report:

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“1 Purpose of report

1.1 To provide Members with an update on the Social Investment Fund, the draft area plans which were submitted to OFMDFM on 31st January and an initial overview of their implications for the Council.

2 Relevant Background Information

2.1 Members are aware the OFMdFM established an £80m Social Investment Fund (split between capital and revenue ) aimed at ‘reducing poverty, unemployment and physical deterioration through strategic areas based interventions of significant scale’. The Fund has 4 strategic objectives:

 Build Pathways to Employment  Tackling the systemic issues linked to deprivation  Increase community physical resources  Address dereliction

2.2 The Social Investment Fund is being delivered in partnership with communities across the 9 social investment zones. The 4 zones in the Greater Belfast area – North, South, East and West were based on Northern Ireland Assembly constituencies. A Steering Group made up of representative from the business, political, statutory and voluntary and community sectors was established for each area. The Council was represented at a Director level on each of the 4 zones. Members agreed previously that officers should work with their counterparts in Castlereagh and Newtownabbey Borough Councils to develop proposals to feed into the plans for the four zones. The key role of the Steering Groups was to develop and manage an area-based plans for their zone. An independent consultant, Copius consulting, was appointed to manage and co-ordinate each of the Belfast zones.

2.3 Members may be aware that the original timescale for SIF was extremely tight with all area plans due to be completed by December 2012 and all spend committed by 2015. This proved to be impractical given the magnitude of work to develop area plans given the need for extensive consultation and the impact of the 2015 timescale on the deliverability of capital projects. The timescales were subsequently revised with all area plans to be submitted by 31 st January and all spend committed by 2016.

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3.0 Key Issues

3.1 Each Steering Group meet intensively over the period from October when the Groups were established till the end of January in order to produce the draft area plans. Each Steering Group has now presented its agreed draft area plan to OFMDFM. The capital and revenue projects/cluster themes within these draft plans are now undergoing an economic appraisal by Copius Consulting before being passed to DFP.

3.2 Council officers are currently analysing the 4 draft area plans and identifying and scoping the implications of the various projects for the Council with regard the following issues:

• the capital projects where there is expectation that the Council will be the delivery agent to support procurement, design, etc. • those projects which are match-funded in principle by Local Investment Fund • those projects which have been awarded a % funding in principle by Local Investment Fund, but have not received the anticipated match-funding from SIF • match-funding expectations for the Belfast Investment Fund and potential priority projects • projects which fit within Council strategies (e.g. Pitches Strategy) and where there may be advantage to both the Council and groups for the Council to be the primary delivery agent • Revenue projects such as employability which do not currently have a neat strategic ‘fit’ with Council objectives • Revenue projects such as advice services where complementarity with Council objectives/current provision needs to be built in

A summary of the draft area plans and the projects contained within them has been circulated. Council officers are also currently mapping the proposed SIF projects.

3.3 Out of this initial analysis there are a number of key issues which Members are asked to note –

• The Council has been identified as the ‘preferred’ or ‘potential’ delivery agent for up to 96 capital projects under the draft SIF plans (outlined in the Table below). These range in magnitude from major capital builds, new pitch provision, pitch upgrades to smaller extensions/refurbishments of community facilities.

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There will be associated resource implications across the Council and resources costs in delivering these and the impact of delivering these also needs to be taken in the context of the Council’s other project delivery commitments under the Capital Programme, the Local Investment Fund and projects which may emerge through the Belfast Investment Fund. However the exact resource implications cannot be quantified until the outcome of the economic appraisal process on all plans is completed and there is a finalised definitive list of projects to be delivered. Members are asked to note that there is a management fee (potentially up to 20%) available for the delivery of projects. However the amount and how this will be processed needs further clarification. If the Council does become a delivery agent for any/all of the identified projects then a more in-depth resource analysis will need to be undertaken once the implementation of plans is more confirmed.

West Named as Preferred delivery agent for 36 projects 1 major capital projects (St Comgall’s) 2 clusters of capital projects – Increasing Community Services (18 projects in total) and Health and Well-Being (17 projects in total)

North Named as Potential delivery agent (named alongside DSD and a new Ethical Development Trust which will be established) for up to 24 projects 6 clusters of projects – Childcare (2 projects), Community Support –New Build (3 projects), Community Support – Extensions/Renovations (7 projects), Health and Well- being (3 projects), Addressing Dereliction (4 projects), Social Enterprise (5 projects) Also named as potential delivery agent for up to 30 projects under technical assistance

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South Named as Preferred delivery agent for 14 projects 2 clusters of capital projects – Increasing Community Services (10 projects in total) and Sports & Leisure (4 projects in total)

East Named as Preferred delivery agent for 22 projects 2 clusters of capital projects – Increasing Community Services (17 projects in total) and Addressing Dereliction (5 projects in total) Also named as potential delivery agent for up to 25 projects under technical assistance

• At least 10 of the proposed capital projects are on Council assets. Members are asked to

• note that this figure may change however as it is not immediately clear from the brief project descriptions contained within the draft plans where the exact locations of some proposed projects are and there may be further projects which might be on Council assets. It is also not clear at this stage if these proposals are premised on the basis that the Council will dispose of these assets (by lease or otherwise) or if the acquisition and/or lease costs have been factored into overall project costs. In addition, there are a number of proposed projects that involve other public sector owned land or property e.g. DRD. Initial discussions on some of these would indicate that these bodies may not be in a position to dispose of the asset to a third party but that they might dispose (by way of a lease or otherwise) to the Council who could in turn sub-lease to a third party. This again will have resource implications for the Council.

• There are queries over proposed project costs for many of the projects– particularly projects where Council is named as a preferred/potential delivery agent. At this stage many are ball park estimates only and have not been subjected to an independent analysis. The figures will be tested as part of the economic appraisal process.

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• Council may end up delivering projects (e.g. addressing dereliction/alley-gating activities) funded by SIF, in one area and not another, which may have political and/or community consequences, particularly in the context of the Investment Programme’s ‘balanced investment’ principle

3.4 Members are asked to note that as some of the projects proposed are on Council assets the Council is being approached through the economic appraisal process to provide either further information or provide support. Members are asked to approve officers to continue to facilitate the economic appraisal process as required.

3.5 Council officers also recently met with senior representatives from OFMDFM regarding the draft area plans. A number of general issues emerged during this discussion –

• The total fund is over-subscribed • Displacement has been identified as a significant issue in the capital stream. This is being further interrogated in the appraisal process • Differentiation/duplication with mainstream departmental revenue programmes such as advice services, health programmes, warm homes and employability are key concerns • In terms of employability, there appears to be a need for specific programme for over 25s (e.g. 40-50s). We have asked that the Council is involved in that discussion, particularly in relation to employability, given the work around developing a City Employability Strategy • A funders’ reference group is being established and the Council will be invited to join

3.6 Members are asked to note that there is no single point of co- ordination for the 4 plans in Belfast. There is perhaps a future role for the Council in developing synergies and connectivity between the plans, as per our original consultation response. It is therefore recommended that discussions regarding a central co-ordination role are progressed with OFMDFM.

Next steps

3.7 The next steps in relation to the draft Area Plans is outlined below for Members –

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March Ministers to agree notional allocation of funding March – Economic appraisal June process to be undertaken in order of priority allocated by the Zone Steering Groups Validation of appraisal information by SIB and DFP – during this process projects will be challenged and, if appropriate, may be streamlined and/or recommended for delivery on a city- wide basis. Risk appraisal to be undertaken May Projects/clusters to onwards the presented in batches to internal approvals panel for sign-off (no return to Ministers) Aug Issue of con tracts in onwards batches

4.0 Resource Implications

4.1 Resources and Assets - As outlined in 3.3 above

5 Equality and Good Relations Considerations

5.1 OFMDFM is responsible for the equality screening and impact assessment of SIF.

6 Recommendations

6.1 Members are asked to

• Note that the Council has been named as preferred or potential delivery agent for a substantial number of projects under the draft area plans and agree this in principle at this stage. This will be subject to

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o the outcome of the economic appraisal process, o further clarification around the management fee that will be available and the process around this o further analysis of the resources implications that this will require and the impact of this on the Council’s other project delivery commitments

A further update on this will be brought to Committee in due course as the economic appraisal process progresses and the resources implications become clearer

• Agree that officers continue to facilitate the economic appraisal process as required at this stage • Agree that officers continue discussions with OFMDFM re the draft area plans and the potential for the Council to play a central co-ordination role to ensure that synergies and connectivity between the plans are identified.”

After discussion, during which several Members made the point that there was a need for the delivery mechanisms to have a connection between Citywide projects and local programmes, the Committee adopted the recommendations.

North Foreshore Progress Update

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Members will be aware that the Council has previously agreed that the North Foreshore, the closed waste landfill site, should be developed for waste management, bio- economy and recreational uses. The regeneration bio- economy proposals comprise the development of an environmental resource park to create an innovative “Green Technology Business Cluster” for Belfast. This would have the benefit of diversifying the economy to encourage investment and job creation.

1.2 Progress Update

1.3 The development of a green technology business park at the North Foreshore is included within the Investment Programme 2012 – 2015. Members will be aware that the Council has submitted a £8 million European Regional Development Fund Application to develop the infrastructure to develop the environmental resource park. Invest NI and DETI are currently progressing the economic appraisal to

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assess the application to be completed by the end of May 2013. Letter of Offer expected late August early September. SP&R approval was granted to procure consultancy service in November 2012, and Tender Documents are being prepared to procure the service.

1.4 The Council has already commenced the regeneration of the North Foreshore with the completion of the waste transfer station; NIE Substation, and the landfill gas electricity generation power plant.

1.5 In February 2008, the Council approved the appointment of Renewable Power Systems Ltd as a joint venture partner for the generation of electricity from landfill gas at the North Foreshore. This led to the installation of five x 1 Megawatt generators which became operational in September 2009. Electricity is sold to NIE and exported to the local grid via a NIE sub-station sited at the North Foreshore. The net accrued income to the Council from project commencement in September 2009 to 28 th February 2013 is £4,033,646.

1.6 An agreement to lease with arc21 / NWP for an in-vessel composting facility has been agreed. They are finalising the pre planning application discussions with Planning Service to be able to submit a planning application in 2013.

1.7 In 2011 the Council approved the release of a development brief to dispose a 1.5 acre site suitable for Anaerobic Digester Facility. A financial due diligence has been undertaken to assess the development submissions.

1.8 The proposals for an environmental resource park and the creation of a cleantech cluster is generating a lot of interest from private companies and investors wishing to invest in new cleantech technologies, particularly in the production of renewable energy.

1.9 The Council approved the release of a Marketing Prospectus to dispose a 3 acre site for a cleantech biogas renewable energy generation facility in January 2013. The Marketing Prospectus is to be advertised on 22 March 2013 and the closing date is the end of May.

1.10 QUESTOR, of Queen’s University is proposing to develop a sustainable innovation R&D Centre with a focus on resource efficiency and renewable energy. They are finalising their Business Case which is to be submitted to INI/DETI. The North Foreshore site is has been identified as a potential location for the R&D Innovation Centre. There may be

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potential private developer interest in building a R&D Facility in the Environmental Resource Park.

1.11 Recently the Council has been approached by renewable energy companies interested in leasing sites to develop solar renewable energy projects. This has been due to the recent announcement in January by DETI that the financial incentives, known as Renewable Obligation Certificates, for Solar PV above 250 kw is to be revised for ground mounted solar PV from the 1 April 2013. They have established the Renewable Obligation Certificates incentives for the period between 2013 - 2017. DETI definition for Solar PV is:

1.12 ‘electricity generated from the direct conversion of sunlight into electricity by Solar PV equipment installed on the ground’

1.13 There is an opportunity to test this interest by way of a Marketing Prospectus offering to lease a potential site at the North Foreshore.

2 Key Issues

Solar Renewable Energy

2.1 The Council has been approached by renewable energy companies interested in leasing sites to develop solar renewable energy projects. There is an opportunity to capture this current market interest. It would appear that there is a window of opportunity to attract the private sector investment due to the attractiveness of the Renewable Obligation Certificates incentive to be introduced in April 2013. All of the interested companies have indicated that they are keen to deliver the projects quickly, as they want to be locked in to the proposed Renewable Obligation Certificates banding well before 2017.

2.2 The interest in the North Foreshore is largely due to the existing NIE substation on the site that has spare export capacity on to the local grid. This is critical because it is proving difficult to identify sites that have the capacity to export renewable electricity, because of limited grid network capacity.

2.3 Disposal of land (by way of lease) at the North Foreshore for a solar energy project would:

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i.i.i. Be a good fit for the sustainable cleantech environmental theme for North Foreshore and demonstrate the City’s low carbon green credentials. ii.ii.ii. Showcase an alternative form of renewable energy generation. iii.iii.iii. Attract Private Sector investment and job creation opportunities. iv.iv.iv. Form part of the proposed North Foreshore renewable energy hub to create a unique selling point for the development of the cleantech environmental technology cluster v.v.v. Provide Council with an income stream. vi. Demonstrate council leadership to strengthen the City’s resilience in an era of growing energy insecurity, increasing energy cost and fuel poverty.

2.4 At the northern portion of the North Foreshore there is approximately a c10 acres site with a south facing slope and a gentle gradient with minimal gas pipes and wells infrastructure constraints that has been identified as suitable. This northern portion has limited development potential due to the nature of the ground conditions but solar panels, for example, can be ground mounted on concrete slabs. This site is also relatively close to the NIE substation.

2.5 It is proposed to release a Marketing Prospectus for the disposal (by way of lease) of a site up 10 acres for a solar renewable energy project.

2.6 The Marketing Prospectus will require interested parties to submit detailed bids clearly outlining the proposed use; funding sources and financial details; a development programme; proposed lease terms and the financial return to the Council, by way of rent or otherwise. The submission bids will be subject to an evaluation and due diligence process which would include a financial evaluation to test the robustness of the bids and ascertain the ability to fund and deliver a sustainable development in this current economic climate

2.7 Following exposure to the market by way of Marketing Prospectus and the subsequent evaluation of bids a report will be brought back to Committee.

2.8 Decommissioning one LFG Electricity Generator

2.9 Each 1 mw generator requires a supply of 600 m³ of landfill gas per hour to operate at maximum efficiency. In September

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2009, the gas field was producing in excess of 3000 m³ of landfill gas per hour, sufficient to supply 5 x 1mw generators.

2.10 In 2011 gas levels had declined to 2400m³ per hour and council approved the decommissioning of one generator.

2.11 As expected, a gradual natural decline in the volume of gas has continued and output is now in the region of 1700 m³ per hour. It is anticipated that the volume of landfill gas will continue to decline over the foreseeable future but at a slower rate. It is not possible to give accurate predictions of gas volumes as this depends on the composition of waste, the rate of decomposition, temperature, rainfall, seasonal weather conditions and atmospheric pressure.

2.12 On the advice of Renewable Powers Systems Ltd, our joint venture partner, a second generator must now be removed to operate the facility at maximum efficiency.

2.13 The joint venture procurement process evaluated the set-up and operational costs associated with this facility. This included the cost of removing a second generator during the fourth year of operation. This cost is £62,377. The removal of one generator will reduce the council’s plant fee cost by £15,584.21p to £73,987.87p per annum.

3 Resource Implications

3.1 Financial

The Marketing Prospectus will require the bid submissions to specify the financial return to the Council for the lease of the land and this will be brought back to Committee for approval.

3.2 Assets

The development of this site represents a regeneration opportunity for Belfast and has the potential to create economic and social benefits

3.3 Resources

Staff resource, primarily from Property & Projects and Legal Services.

4 Equality and Good Relations Considerations

4.1 None

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5 Recommendations

5.1 It is recommended that Members give approval to the release of a Marketing Prospectus for the disposal (by way of lease) of a site up to 10 acres at the North Foreshore for a solar renewable energy use. A further report will be brought back to Committee following receipt and evaluation of any submissions.

5.2 To note the removal of a second generator.”

After discussion, the Committee adopted the recommendations and agreed further that a letter be forwarded to Invest NI requesting it to consider favourably the application for the development of a green technology business park at the North Foreshore, that the overall plan for the North Foreshore be considered on the agenda of the next meeting of the North Area Working Group, following which a meeting of the North Foreshore Steering Group be convened to consider the matter.

North Foreshore Commercial Cultural Leisure Development Opportunity

The Committee considered the following report:

“1 Relevant Background Information

1.1 On the 24 August, Members agreed to proceed with a revised Developers Brief for commercial leisure and cultural purposes for a 58 acre site at the North Foreshore on the basis of a clearly defined end date for the receipt of developers’ submissions containing all the due diligence information required to assess the commercial robustness and financial viability of the proposed scheme.

1.2 The Development Brief was advertised in the local papers on the 7 December 2012, the council website and in the European Official Journal. Developers were invited to submit development proposals to acquire up 58 acres for a Commercial Leisure / Cultural Scheme. The Developers Brief clearly highlighted the due diligence information that developers were required to submit to the Council by the closing date, or the development submission would be deemed to be non-compliant by the Council. The clearly defined end date for the Development Submissions was the 24 January 2013.

1.3 The Council received one development submission from James Schiavo of China Sun Asia Pacific Ltd by the closing date, 24 January 2013.

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1.4 An Evaluation Panel was established to assess the Development Submission. The Evaluation Panel comprised the Council’s Estates Manager, Divisional Solicitor, Financial Accounting Manager and North Foreshore Project Manager. The Panel used the evaluation criteria outlined in the Development Brief together with a scoring matrix as agreed by the Panel prior to the receipt of the Development Submissions.

1.5 The Evaluation Criteria

• Financial offer for the Development Site. • Track record of the Developer and project Development Team to deliver and operate similar Cultural Leisure Development Scheme. • Financial viability of the project and the economic capability of the operator to fund, deliver, and operate the development scheme. • Quality of the Development Proposal • Delivery of the project within a reasonable timescale.

1.6 China Sun Asia Pacific Ltd’s Development Proposal

China Sun Asia Pacific Ltd Development Submission outlined details of their proposed scheme for the site which comprises:-

Sports City • International Training Facility (indoor & outdoor pitches) • 7,200 / 8,000 seat Football Stadium & NI Sports Museum • Junior Stadium • 3,000 seat Indoor Sports Arena • 100 bed Hotel • Sports & Media Educational Campus

Media City • Sound Stage • Post Production & Distribution Facilities • Offices.

2 Key Issues

2.1 The Development Brief clearly outlined the information required from Developers / Consortium Members / Organisations involved in the Development Submission to

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ensure a compliant bid and to enable the Council to undertake a due diligence exercise.

2.2 The information requested included:

i. Detailed Company / Consortium information from all the Parties who will be entering into the legal Development Agreement.

ii. Detailed financial information and bank details to be provided from all parties who will be signing the Development Agreement with the Council. It stated that sufficient financial information must be provided to demonstrate that the company has the financial and economic standing to undertake and deliver the project.

iii. Detailed breakdown of development cost and the amounts and sources of funding for the capital and revenue cost of the scheme. The Developer had to provide evidence of ability to secure sufficient finance to deliver the project. A comprehensive business plan demonstrating the long term financial viability and to avoid the need for public funding support.

iv. Details about the Development Proposal, scheme content, the occupiers and end users.

v. Development Programme.

vi. A financial bid offer to the Council for the acquisition of the 58 acre site (envisaged to be by way of long lease).

vii. Details of the proposed tenure and development/legal framework required between the Council and the Developer/Consortium

viii. To provide evidence of market research undertaken to support proposal; and provide an outline of the economic & social benefits to the local area, to the city and to Northern Ireland.

ix. A risk analysis to assess the robustness of the development proposal.

x. Information on the environmental Impact in the context of the site and its environment, and to provide

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information about the proposed environmental mitigation measures/improvements.

xi. To provide a methodology for consultation with public, statutory, community and other relevant organisations to deliver the project.

xii. Details about the Delivery Team, their role in the project and previous experience of delivering similar leisure / cultural development schemes in the last ten years. Client references were required to demonstrate previous experience of delivering similar leisure / cultural schemes in the last ten years.

2.3 Development Evaluation

2.4 The China Sun Asia Pacific Ltd Development Submission was assessed by the Evaluation Panel as lacking in substantial detail to be able to demonstrate to the Council that the proposed Commercial Cultural Leisure scheme is commercially sustainable and financially viable.

2.5 It is not clear from the Development submission who China Sun Asia Pacific Ltd actually is because no company background or financial information was submitted to demonstrate that they have the financial and technical capacity or track record to fund and deliver large scale commercial culture leisure schemes.

2.6 It is proposed that a new company will be formed to enter into the Development Agreement. However it was vague on whether all the parties identified in the Development Submission are fully committed to the project, either as part of the development consortium, or as end users leasing the facilities. There was no evidence of commitment or detailed company information provided concerning the parties identified.

2.7 China Sun Asia Pacific Ltd has not complied with the requirement of the Development Brief, because no financial information has been provided by China Sun Asia Pacific Ltd or by any other Party to enable a robust company due diligence to be initiated and to confirm the financial and economic standing of the Company. The Council needs to be satisfied that the potential parties to the Development Agreement are financially and economically robust to undertake and deliver the project.

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2.8 An outline development appraisal showing a breakdown of capital cost and revenue income for the development scheme was provided. China Sun Asia Pacific Ltd is not proposing to fund the road infrastructure works, which was a requirement of the Brief. There was no evidence of available funding or commitment in principle from the potential funders of the amounts to be provided for each component of the scheme. A Business Plan was not submitted to be able to demonstrate the market analysis, the demand for the project or the long term financial viability of the project.

2.9 The Development Proposals comprises of a sports city and media city but there was no evidence of the potential end users commitment in principle to leasing or managing the proposed facilities. Parts of the development proposals extended beyond the 58 acre site on offer from the Council into areas that cannot be developed because of existing site constraints. It would appear that China Sun Asia Pacific Ltd is proposing a phased development approach which could be completed with five years. They are expecting the Council to fund and build the road infrastructure which is contrary to the Development Brief.

2.10 The Development Submission did not provide any detailed information concerning the potential social and economic benefits of the scheme. No figures were provided for the potential number of jobs created, number of visitors, and number of people trained or investment leverage.

2.11 China Sun Asia Pacific Ltd did not provide a robust risk analysis or possible mitigation measures. The information provided did not fully address all the potential risks of developing a difficult brown field site. In particular they provided very little detail about the environmental issues. China Sun Asia Pacific Ltd appears to have very little understanding of the potential environmental liabilities of a former waste landfill site, and the work required to mitigate this liability. It was unclear how they proposed to create a quality environment with attractive open spaces or how their design principles will deliver a good quality development scheme for the site. Council officers are also concerned that the consortia have made no requests for site visits or technical information about the site.

2.12 China Sun Asia Pacific Ltd indicated that they have carried out public consultations; however they did not provide a proposed methodology for how they intend to engage with the community, potential stakeholders and future users of the facilities during the delivery of the project.

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2.13 P Durnien is the Project Manager for the scheme, supported by local consultancy firms. No evidence was provided to demonstrate that they have the experience and technical capacity to design and deliver large scale cultural leisure schemes, and no client references were provided with the submission.

2.14 They made no financial bid, either in the form of a capital premium or proposed rent to the Council for this 58 acre site. China Sun Asia Pacific Ltd has requested a 200 year lease.

2.15 The China Sun Asia Pacific Ltd Development Submission was assessed by the Evaluation Panel as lacking in substantial detail to enable a robust due diligence exercise and to demonstrate that their proposed Commercial Cultural Leisure scheme is commercially sustainable and financially viable.

2.16 Conclusion

The Council and DCAL have been in discussions with Mr P Durnien and China Sun Asia Pacific Ltd for the last two years concerning a potential cultural leisure scheme for the North Foreshore. The Council has publicly issued calls for Expressions of Interest and two Developers Briefs requesting detailed Development Submissions. Mr Durnien and China Sun Asia Pacific have been provided several opportunities to provide detailed information which has not been forthcoming despite their assurances that they have worked up detailed proposals and have all the funding in place to finance the scheme.

2.17 The Council agreed to proceed with a Developers Brief for commercial leisure and cultural purposes for a 58 acre site at the North Foreshore on the basis of a clearly defined end date of the 24 January 2013 for the receipt of developers’ submissions, which would contain all the due diligence information required to assess the commercial robustness and financial viability of the proposed scheme.

2.18 China Sun Asia Pacific Ltd has not complied with the Council’s request. The detailed information has not been provided, and in the absence of such information the Evaluation Panel was unable to undertake a detailed assessment of the commercial cultural leisure proposal for the North Foreshore.

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2.19 In subsequent recent correspondence with Mr Durnien concerning the Development Submission, it was indicated by the Director of Property & Projects that there was insufficient information to enable a due diligence assessment and a report was to be submitted to the SP&R Committee to that effect. Mr Durnien subsequently provided further information concerning the potential funder and a process for the provision of further information on the basis of exclusivity. However, at present there are no grounds on which the Council could enter into an exclusivity agreement with this consortia and the evidence suggests that the Council should be sceptical about the deliverability of these proposals.

2.20 The Committee is requested to consider the following options for the next step for this development process.

2.21 Option One

To request clarification information concerning the China Sun Asia Pacific Ltd Development Submission, and to be given two months to provide all the information already requested in the Development Brief. A final deadline at the end of two months would be imposed i.e. 2 June 2013. The current development process would end if China Sun Asia Pacific do not supply all of the information requested by the Council by 2 June 2013 to enable a due diligence report to be completed to confirm the financial robustness of their Development Submission. This period would not however be on any exclusivity or preferred developer basis.

2.22 The site has been sterilised for the last two years due to discussions with Mr Durnien and China Sun Asia Pacific Ltd concerning their proposed interest in developing a Cultural Leisure Scheme. Despite best endeavours by the Council with ongoing dialogue, the issue of Expressions of Interest and two Development Briefs seeking detailed development proposals, there is still very little information to demonstrate the commercial robustness and financial viability of the project. There is a lost opportunity cost to the Council as there has been little progress in securing a viable project, and potential missed alternative development opportunities for this site.

2.23 Option Two

China Sun Asia Pacific Ltd is informed that the Council will not be proceeding with the commercial cultural leisure proposal for the North Foreshore because insufficient

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information was provided by the clearly defined end date of the 24 January 2013 to be able to comply with the requirements of the Development Brief and to be able to demonstrate the commercial viability and sustainability of the proposed development.

2.24 This option would enable the Council to potentially expand the development of the proposed Cleantech Environmental Technology Cluster proposed for the North Foreshore Bio Economy Environmental Resource Park, as contained in the Council’s Investment Programme. Currently the Council has an ERDF Funding application for £8 million for infrastructure works to create the environmental resource park. There is considerable market interest from the cleantech sector to invest at the North Foreshore and the potential to create jobs and leverage private investment.

3 Resource Implications

3.1 Human Resources

Staff Resource, primarily in Property & Projects, Financial Services, & Legal Services, to progress.

3.2 Asset & Other Implications

The development of this site represents a major regeneration opportunity for Belfast and has the potential to create significant economic and social benefits

3.3 Financial Implication

No financial bid was received

4 Equality and Good Relations Considerations

4.1 None at this time

5 Recommendations

5.1 It is recommended that the Committee considers which option should be adopted.

5.2 Option 1 – Grant a two month extension with a final deadline of 2 June 2013 for China Sun Asia Pacific Ltd to comply with the Council’s request for all of the information outlined in the Development Brief. This two month period would not be on an exclusivity or preferred developer basis.

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5.3 Option 2 - China Sun Asia Pacific Ltd is informed that the Council will not be proceeding with the commercial cultural leisure proposal for the North Foreshore due to the lack of due diligence information required to comply with the Development Brief.

Given that there were no other commercial cultural leisure submissions received on 24 January, it is also proposed that Council considers further expansion of the development of the proposed Cleantech Environmental Technology Cluster proposed for the North Foreshore Bio Economy Business Park.”

The Committee agreed to adopt Option 1.

Democratic Services and Governance

Use of the City Hall and the Provision of Hospitality

The Committee was advised that the undernoted requests for the use of the City Hall and the provision of hospitality had been received:

Organisation/ Event/Date - Request Comments Recommendation Body Number of Delegates/Guests

Queen's International The use of the Delegates will be staying The use of the City University Association for the City Hall and in accommodation in Hall and the Belfast Study of Irish the provision of Belfast and the conference provision of Literatures hospitality in will take place within the hospitality in the Conference the form of a city. form of wine and Reception drinks soft drinks reception This event would 24th July, 2013 contribute to the Council’s Approximate cost Key Theme of ‘City £500 Approximately 200 Leadership – Strong, Fair, attending Together’.

Peace People Nobel Laureates The use of the Delegates will be staying The use of the City and Nobel Conference City Hall and in accommodation in Hall and the Women’s Reception the provision of Belfast and the conference provision of Initiative hospitality in will take place within the hospitality in the 27th May, 2013 the form of tea, city. form of tea, coffee Approximately 400 coffee and and biscuits biscuits This event would attending contribute to the Council’s Approximate cost Key Theme of ‘City £1,000 Leadership – Strong, Fair, Together’.

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Royal Society Launch of ‘Belfast The use of the This launch aims to inspire The use of the City for the Swift City’ City Hall and and encourage the people Hall and the Protection of the provision of of Belfast to understand provision of Birds 11th June, 2013 hospitality in the importance of the hospitality in the Approximately 80 the form of tea, urban wildlife that lives form of tea, coffee attending coffee and amongst us. Children from and biscuits biscuits local schools will be involved in the event Approximate cost through a poetry and art £200 competition. The event will seek to highlight the proactive steps the City is taking to protect its wildlife. This event would contribute to the Council’s Key Themes of ‘City Leadership – Strong, Fair, Together’, ’Better care for Belfast’s environment’ and ‘Better support for people and communities’.

Wave Trauma Trauma Training The use of the This event seeks to The use of the City Centre Learning Pathway City Hall and promote the success of Hall and provision Awards provision of those who, due to their of hospitality in the hospitality in experiences during the form of tea/coffee 26th September, the form of troubles have returned to and biscuits 2013 tea/coffee and education and training biscuits through the support of Approximate Cost Approximately 150 £375 attending WAVE Trauma Centre. Accredited certificates will be awarded on the night to individuals who have successfully completed Open College Network courses through WAVE.

This event would contribute to the Council’s Key Theme of ‘Better opportunities for success across the city’, ‘Better support for people and communities’ and ‘Better services – listening and delivering’.

No More Traffik Performance of The use of the This event will launch a The use of the City ‘Diablo’ City Hall and week of events which will Hall and provision provision of raise awareness of the of hospitality in the 13th May, 2013 hospitality in problem of human form of tea/coffee Approximately 250 the form of trafficking within the City. and biscuits tea/coffee and The event will provide the attending Approximate Cost biscuits opportunity for various organisations to work £600

together to achieve an identity for Belfast as a

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‘City that Stands Against Slavery’.

This event would contribute to the Council’s Key Theme of ‘Better opportunities for success across the city’, ‘Better support for people and communities’ and ‘Better services – listening and delivering’.

The Committee adopted the recommendations.

Minutes of Meeting of Party Leaders’ Forum

The Committee noted the minutes of the meeting of the Belfast Party Leaders’ Forum held on 13th March.

Finance/Value-for-Money

Capital Programme Update and Proposed Reconfiguration

The Committee considered the undernoted report:

“1.0 Purpose of report

1.1 The Council’s Capital Programme is a rolling programme of investment which either improves existing Council facilities or provides new facilities. This report provides –

• an update on the planned 2012/13 capital expenditure (as reported in Quarter 3) which was presented to Committee on 22 nd June 2012 • update on the current status of capital projects • the proposed rolling Capital Programme from 2013/2014 onwards including proposed recommendations for movement between the Capital Programme stages and proposed new emerging projects • specific recommendations relating to cost increases • implications for future capital investment decisions

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2.0 Relevant Background Information

Capital Programme - Update on 2012/13 Planned Capital Expenditure

2.1 There has been significant movement on the Capital Programme since its approval by SP&R Committee in June 2012. Many projects have progressed both on the ground and also in the necessary preparatory work required to deliver them. Major capital projects including the £4million upgrades to Dunville and Woodvale Parks and the £3million upgrade to the Mary Peters Track are nearing completion. The Duncrue Fuel Station has been completed, the Mountain Bike Trail at Barnett Demesne has been completed and contracts have been awarded for the works on the John Luke Bridge and the Hammer pitch.

2.2 Preparatory work is also well advanced for a wide range of projects including new pitches and changing facilities under Phase 1 of the Pitches Strategy, the Girdwood Community Hub, the Connswater Community Greenway and and the relocation of the Belfast Welcome Centre which are both due to go on ground in April. In addition finalisation work is ongoing on a number of projects including the City Hall and the Ulster Hall which continue to take up officer time.

2.3 However as reported to Committee in February 2013, the forecast expenditure on capital schemes in 2012/13 is £9.6m against the planned expenditure of £19.4m. The major reasons for the expenditure variance (£9.8m) are outlined below.

2.4 Underspend Schemes 2012/13 Reason Waterfront Exhibition Dependent on external funding (ERDF) Centre £1,855,000 Commencement delayed Proposed No longer viable due to planning delays of Bayshore nearly 3years which culminated in the development at withdrawal of ASDA and the subsequent Loughside £1,750,000 refusal of planning permission DCMS required a revised business plan Super- due to State Aid issues. Starting in connected Cities £1,000,000 2013/14 Vehicles £700,000 Spend split over 3 years Skegoniel Site 590,000 Project not progressed Mercury Anticipated cost reduced and programme Abatement 550,561 extended to 2013/2014

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Roselawn Site Work delayed due to planning Development (Y) 460,000 considerations Welcome Centre 450,000 Project delays – now starting in 2013/14 Woodvale Park 423,520 Spend moved into 2013/14 Additional funding application stage Tropical Ravine 395,000 introduced ICT Projects 362,000 Reduced spend forecast Andersonstown/ Whiterock Project superseded due to work on the Handball Courts 295,000 wider leisure transformation programme Alleygates (Phase 3) 280,000 Commencement moved into 2013/14 Public Convenience Strategy 235,000 Project not progressed City Hall major works 156,920 Reduced spend forecast Community Gardens 150,000 Delayed Duncrue Fuel Station 148,976 Delayed Total £9,801,977

2.5 Members are asked to note that this underspend will not affect the overall capital expenditure budget which is programmed to be spent over a number of years and for which the Council has approved the necessary finance. This differs from revenue expenditure which is only available within a designated financial year and cannot be carried forward in the same way.

Rolling Capital Programme 2013/14 onwards

2.6 Members will acknowledge that there is increasing demand on the Council to deliver projects within increasingly scarce financial resources. The SP&R Committee is the Council’s investment decision maker. In order for the Council to ensure that it is able to monitor all capital spend, all capital related decisions must be taken to SP&R Committee.

2.7 Members are aware that they have already agreed a Stage process for capital programme projects at their meeting on 22 nd June and further agreed in November 2012 that all capital projects (capital programme, Belfast Investment Fund etc.) must go through this Stage process where decisions on which projects progress are taken by SP&R Committee.

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2.8 Members are asked to note that there are a number of projects currently on the Capital Programme which pre-dated this approval process which means that these projects do not have the required business cases. It is therefore proposed that all projects on the Capital Programme are regularised within the new approval process. This will enable Members to have better financial control of projects and will allow Members to properly consider the opportunity costs of approving one capital project over another capital project. Importantly it will also enable Members to focus on delivering the projects which can have maximum benefits and investment return for the city and local areas.

2.9 The Capital Programme (copies of which have been circulated for Members information) has therefore been reconfigured to reflect the 3 approval stages as agreed –

• Committed projects (Stage 3) - projects which have completed a Full Business Case (FBC) and where approval has already been obtained by SP&R to proceed to tender. These projects will be at the tender award, contract or construction stage. See Appendix A • Uncommitted projects (Stage 2) –projects where an SOC has been agreed by Committee and work on the project is being progressed through the development of an Outline Business Case (OBC), but they have not yet been developed to a stage where permission could be sought from SP&R to proceed to tender. See Appendix B • Emerging proposals (Stage 1) –proposals which require completion of a Strategic Outline Case (SOC) before they could be considered further by SP&R Committee. See Appendix C

2.10 As part of this reconfiguration it is proposed that some projects are dropped down a Stage or are removed from the Capital Programme. A summary of these movements is provided below.

Projects recommended to drop down a Stage

2.11 Members are asked to note that all these projects were previously at Stage 2- Uncommitted projects and it is recommended that they drop to Stage 1 – Emerging Projects. In keeping with the Stage approval process agreed by Members this will require that an SOC to then be completed for each project.

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Project Recommended New Stage

Project Recommended New Stage Floral Hall Stage 1 – Emerging project Skegoneil site Stage 1 – Emerging project MUGA Springfield Road Stage 1 – Emerging project New cemetery Stage 1 – Emerging project Public convenience strategy Stage 1 – Emerging project Roselawn extensions (SectionZ1- 2015, Stage 1 – Emerging project Section Z2 -2020, Section Z3 – 2025, Section Z4 -2030) Gasworks Northern Fringe Stage 1 – Emerging project Infrastructure Maysfield demolition/clearance Stage 1 – Emerging project North Foreshore site infrastructure Stage 1 – Emerging project Springvale recycling centre Stage 1 – Emerging project

Projects recommended to be removed from the Capital Programme

2.12 It is recommended that the following projects are removed from the Capital Programme as they are either no longer deliverable or have been superseded by other projects.

Project Comment Loughside (Bayshore No longer viable due to planning delays of development) nearly 3years which culminated in the withdrawal of ASDA and the subsequent refusal of planning permission. To be considered as part of the leisure transformation programme Andersontown/Whiterock To be considered as part of the wider leisure Handball Courts transformation programme Sliabh Dubh Playground Land contaminated and no external funding available Shore Road Pitches Project originally due to be funded under (Malachians/Old Grove) SportNI Community Capital but was application was turned down. Funding secured from other sources including LIF

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Projects recommended to be added to the Capital Programme

2.13 It is recommended that the following projects are added to the Capital Programme Stage 1 – Emerging Projects. These proposals have emerged through Area working Groups, other consultations or service requirements. • Connswater 3G pitch – emerged through Area Working Group discussions • Cathedral Gardens – alignment with Streets Ahead and part of the wider University of Ulster regeneration • ICT strategy - emerging ICT requirements • Accommodation strategy – to look at options for the Council’s future accommodation needs in light of current lease arrangements and impact of RPA etc • Commercial waste bin weighing system – to help meet EU recycling targets • Loughside Playing Fields – to look at the sports & leisure component of the previous Loughside proposal

2.14 Members will be aware that the Connswater Greenway Project was initially part funded by the Council through the then City Investment Fund. This has now been transferred to the Capital Programme with the agreement of all the funding partners. The effect of this project transferring significantly increases the gross capital expenditure planned within the Capital Programme but does not impact on overall council expenditure.

Updates on capital projects and increased project costs

Pitches Strategy

2.15 SP&R agreed in March 2011 that £10m was recommended to be allocated within the Capital Programme for the implementation of the pitches strategy for 2011-2014 for the delivery of the 10 pitches agreed under Phase 1. Within this estimate, £750,000 was ringfenced for capital enhancements to school pitches. It should be noted that this £10m was a notional estimate that was not subject to an economic appraisal or Gate review. Since this time there has been ongoing consultation in relation to the location, scope and specification of the pitch and pavilion provision. This has an impact on the overall costs and last June Members agreed that an additional ‘uncommitted’ £5million be allocated against this programme of works.

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2.16 Members are asked to note that discussions are ongoing with the GAA. As part of these discussions the GAA has committed in principle to contribute £1million however it should be noted that no written confirmation or letter of offer has been received as yet.

2.17 Members are asked to note that final decisions still have not been taken in relation to the following;

• location of the Falls pavilion • integrating rugby, soccer and Gaelic games at Cherryvale • location of pavilion at Ballysillan

There are also a number of technical issues at Ormeau Park which need to be resolved along with the linkages of this location and Cherryvale

2.18 The Playing Pitches Strategy is a key project under the Investment Programme. The average pitch takes about 6 months to construct and a pitch and pavilion will take about 12months from start on site. There is additional time to be taken into consideration in relation to procurement. However the ongoing delay in taking these decisions is having an impact on the overall delivery of the Pitches Strategy and any further delays will subject the Council to considerable reputational risk. This presents a number of options for Members –

• Agree a definitive gross capital expenditure allocation of £15million for the pitches strategy and agree that Officers continue to progress discussions with the GAA to secure £1million of funding. Members are asked to note that if this funding is not secured this will have am impact on the scope of work which can be delivered at • Agree a definitive cut-off date of end of April whereby all decisions on all pitches and pavilions will be taken and after which subsequent significant changes cannot be made to proposals.

At this stage if decisions are not taken by this cut-off date then it is recommended that the sites where agreement has been reached and which are ready to proceed are progressed. This may have an impact on the deliverability of those sites where agreement has not been reached as resources may no longer be available to deliver these

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Waterfront Exhibition and Conference Centre

2.19 Members will be aware that one of the major projects under the Investment Programme is a proposed extension to the Waterfront to provide dedicated exhibition and conference facilities. An options appraisal had identified the Waterfront as the preferred location.

2.20 The initial budget for this project was set at £20m. Discussions with NITB had identified £12m of external funding (£10m from the ERDF and £2m from the NITB’s Tourism Development Scheme) towards this with the balance of £8m being funded through the Council under the Capital Programme.

2.21 A subsequent capacity study has established that while this would permit a centre to be constructed (c9,000m2 floor area), it would not deliver the optimum space provision (c11,300m2 floor area) requirement, specification quality and technical standards which would fully meet the demands of the conference & exhibition market and enable Belfast to effectively challenge other competing facilities for business.

2.22 The budget to deliver a facility that will meet these demands is £30m. DETI have advised that there is an opportunity for additional external funding to be secured (subject to an article 55 state aid assessment) of an additional £5m from the ERDF and £4m from the NITB’s Tourism Development Scheme. This will require an additional £3million of Council capital funding in order to address the balance. The Council’s overall commitment to this project will then be £11million.

Innovation Centre

2.23 The gross capital estimate for this is project has been increased from £8m to £9.1m to reflect the increase in the lettable footprint of the project from 30,000s sq ft to 35,000 sq ft. The additional capital cost will be 75% funded.

2.24 Members will acknowledge that when projects are initially brought to Committee many of the figures cited are ‘ballpark/notional’ estimates only and that estimates are only ever as accurate as the information on which they are based. This reinforces the need to ensure that all capital projects go through the Stage approval process previously agreed by Members as this will bring a robustness to the process and will ensure that costs are challenged and assessed at each stage.

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Capital Financing –Capital Programme 2013/14

2.25 The Council incurs capital expenditure and capital financing costs in the delivery of its capital programme.

• Capital Expenditure is the expenditure incurred in the actual delivery of contracts e.g. the actual payments to the contractor for a construction contract. • Capital Financing is the method the council uses to fund the capital expenditure. The capital financing costs include loan repayments (principle and interest) and revenue contributions (cash payments to repay or avoid taking out loans).

2.26 At its meeting on 25 January 2013, the Strategic Policy and Resources Committee approved a capital financing budget of £10.14m for inclusion in the 2013/14 revenue estimates. The £10.14m budget was set at a level which would meet the financing costs arising from the capital programme in 2013/14 - 2015/16, as part of Investment Programme, without the requirement for an increase in the District Rate.

2.27 The delivery of the Capital Programme element of the Investment Programme will be matched by a phased increase in capital financing charges up to the £10.14m budget over the life of the programme as all schemes within the programme are financed. The phased impact of the capital programme on the capital financing budget provides the opportunity for the council to allocate an element of the 2013/14 capital financing budget to finance feasibility works and non recurring schemes.

Feasibility Fund 2013/2014

2.28 The incremental nature of the Investment Programme means that there is the opportunity for the Council to ring fence part of the capital financing budget to provide a Feasibility Fund. The Feasibility Fund enables initial feasibility work to be undertaken on proposed projects to bring them to a point where Members can decide if they should be progressed as Capital Schemes, or Belfast Investment Fund (BIF) schemes. It is recommended that the contribution to the feasibility fund for 2013/14 be capped at £500k.

Non-recurrent projects

2.29 In June 2012 Committee approved a programme of non recurring maintenance projects to be funded from the capital

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financing budget. The balance of these projects will be completed in 2013/14 requiring an allocation of £944,280.

2.30 Table 2 below summarises the outstanding loans and planned capital expenditure which will require financing up to 2015/16. The expenditure covers all schemes detailed in Appendices A and B with the exception of the Olympia and Andersonstown Regeneration projects.

2.31 Table 2 - Capital Expenditure to 2015/16

Outstanding Loans @ 31.03.13 £21,216,650 Capital Expenditure 2012/13 £9,530,000 Capital Expenditure 2013/14 £13,724,360 Capital Expenditure 2014/15 £20,613,280 Capital Expenditure 2015/16 £10,194,770 Total Capital Expenditure £75,279,060

2.32 Table 3 below provides a summary of the allocation of the capital financing budget for the above expenditure together with other non recurring schemes. From the table it can be seen that the total amount of the capital financing budget used to repay loans increases from £3m in 2013/14 to almost £6m in 2015/16. This means that by 2015/16 the Council will have just over £3.1m available to finance future borrowing to the amount of £33m. With the current capital financing budget of £10.4m, Members will have £33m available to finance the future leisure estate and the Emerging Projects detailed in Appendix C. This figure is clearly insufficient to cover future capital expenditure requirements. It is proposed that a detailed future capital financing report will be presented to the Committee in April. The report will consider various options available to Members including:

• Increasing the capital financing budget through: o efficiency savings in revenue budgets o increasing the district rate o diverting financing from the Belfast Investment Fund. • Restricting the number of projects being progressed the Emerging Projects list. • Sourcing alternative sources of financing

The report will also discuss the potential impact of the boundary changes which will lead to an enhanced ratebase

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but which will also result in increased borrowings associated with transferring assets.

2.33 Table 3 - Capital Financing to 2015/16

2013/14 2014/15 2015/16 Loan Repayments Existing Loan £2,004,360 £3,023,360 £4,588,360 Repayments New Loans: Committed £950,000 £1,100,000 £700,000 Schemes New Loans: £69,000 £465,000 £635,000 Uncommitted Schemes Total Loan Repayments £3,023,360 £4,588,360 £5,923,360 Revenue Funding Committed Schemes £3,094,611 £2,030,000 £500,000 Uncommitted Schemes £92,711 £92,400 £20,000 Non Recurring £944,280 £0 £0 Maintenance Feasibility £500,000 £500,000 £500,000 Total Revenue Funding £4,631,603 £2,622,400 £1,020,000 Less Capital Financing £10,140,000 £10,140,000 £10,140,000 Budget Available Financing £2,485,038 £2,929,240 £3,196,640 Budget

Next steps

2.34 As outlined in 2.6 above, Members will acknowledge the increasing demand which is being placed on the Council to deliver projects within increasingly scarce financial resources. Going forward, this will present a greater challenge to Members in terms of competing priorities both at a local area and a city level. As Members are aware there is an opportunity cost of approving one project which means that something else will fall down the list and will not proceed.

2.35 Members agreed last month at Committee that the role and remit of the Area Working Groups should be reviewed and that the AWGs should begin to address overall plans for their area. To this end further work is intended with Jon Huish to

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agree comprehensive area plans that link to an overall community plan and includes high level outcomes together with practical on the ground projects. This will ensure that Members can use their civic leadership role and continue to best facilitate the shared political ambition by delivering those projects which will have maximum benefit at a local level in line with the investment principles that were agreed by Members that underpin the Council’s Investment Programme and in turn the Capital Programme of –

- Balanced investment across the city - Good relations and equality - Partnership and integration - Value for money - Sustainability

The work on progressing the development of local area plans will be undertaken in parallel with, and link to, the ongoing work which is being taken forward on Member development, the review of the Council’s governance structures and work on the development of a community plan.

2.36 It is recognised that the Council has a number of different funding streams with their own separate processes each of which fund different types of project and that this can be a complex area to understand. It is therefore proposed to hold a workshop as part of the Member Development Programme, to which all Members will be invited, in order to update Members on the Council’s core funding streams including the Capital Programme, the Local Investment Fund, the Belfast Investment Fund and the Feasibility Fund.

3.0 Recommendations

3.1 Members are asked to note the contents of this report and

• agree the movements in the capital programme as outlined in 2.11 and 2.12 • agree the proposed new projects to be added as Stage 3 – Emerging projects as outlined in 2.13 • Pitches strategy - agree a definitive gross capital expenditure allocation of £15million for the pitches strategy and agree a definitive cut-off date of end of April whereby all decisions on all pitches and pavilions will be taken and after which subsequent significant changes cannot be made to proposals. It is recommended that if decisions are not taken by this cut-off date then the sites where agreement has

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already been reached and which are ready to proceed are progressed • Waterfront and Innovation Centre - approve the additional net capital expenditures of £3m for the Waterfront Conference and Exhibition Centre and £275,000 for the Innovation Centre • agree that £500,000 from the capital financing budget be ringfenced for Feasibility Fund • agree the allocation of £944,280 to be spent on the remaining non –recurrent maintenance projects which were agreed by Committee in June 2012 • note that a detailed future capital financing report will be brought to Committee in April • agree that officers work with Members to agree how the Stage approval process can be aligned with the work of the Area Working Groups and the development of local area plans • note that a workshop will be organised as part of the Member Development Programme, to which all Members will be invited, to update Members on the Council’s funding streams including the Capital Programme, the Local Investment Fund, the Belfast Investment Fund and the Feasibility Fund.”

During discussion, the Chief Executive and Chief Officers answered a number of questions in relation to the reasons for the proposed realignment for a number of projects within the Capital Programme. The conference centre at the Belfast Waterfront Hall was also discussed and the Chief Executive undertook to arrange for a fuller briefing to be provided on the Waterfront Hall proposals.

After further discussion, the Committee adopted the recommendations, subject to the Sliabh Dubh Playground project remaining on the Capital Programme as a Stage 1, Emerging Project.

Local Government Lobby – EU Structural Funds for Northern Ireland Post 2013

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Members will be aware, that a report was presented to this Committee in November 2011 regarding the shape of the next EU Programme Period (2014-2020). Following the publication of draft European regulations regarding the purpose and potential delivery mechanisms for the distribution of these funds, Belfast City Council has paved the local government

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lobby, not only for Belfast but also the 5 surrounding metropolitan Councils.

1.2 The above work resulted in a metropolitan position paper being agreed by each of the Councils of the Metropolitan Area (COMET) namely Belfast, Carrickfergus, Castlereagh, North Down, Newtownabbey and Lisburn. In summary, this document calls for the devolution of EU financial intervention, in a combined structure, to enable the strategic delivery of funding at the local level. It also encourages the Departments to give serious consideration of new models for delivery that are outlined within the draft EU legislation.

1.3 This metropolitan document was used as the basis for a Department of Finance and Personnel (DFP) workshop held in February 2013, to which all local authorities were invited to attend and included representation from all Executive Departments and the Special EU Programmes Body. Emerging from this recent event, DFP have requested local authorities to submit a collective position by 28 March 2013.

1.4 Following discussions by the Transfer of Functions Economic Development Sub-Group, it was agreed that Belfast City Council develop this original metropolitan paper further to present the Local Government position, ensuring clear connection to the opportunities presented by the Reform of Local Government, transfer of key functions and community planning. The end result is two new lobby papers- a generic one for all 26 Councils to endorse and a separate one highlighting the uniqueness and strengths of the metropolitan position.

1.5 The lobby paper for all 26 Councils was presented to SOLACE on 1 March 2013, and has since been issued to all local authorities by Liam Hannaway for comment.

2 Key Issues

2.1 Local government has an established role in forming partnerships to take forward various EU programmes, but there is now an opportunity for local government to maximise this role with a devolved responsibility to deliver European funds. This would directly support the delivery of integrated economic development, rural and urban regeneration and employability as part of the Community Plan that will be developed by the 11 councils from 2014/15.

2.2 The attached draft position papers propose that with the Reform of Local Government there is real potential for EU

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funds to contribute to the delivery of an effective ‘place based’ integrated development plan. In effect using the new 11 Council model and community planning process to enable the delivery of devolved and combined European funds as part of a cocktail of resources to deliver associated programmes and projects at a local level.

2.3 The community plan would therefore form the overarching framework to align central and local government plans. It also notes that while it would be advantageous for one central government department to have responsibility, work is also underway to engage consultants to examine good practice and put forward firm recommendations regarding the development of an integrated accountability and assurance framework which should underpin the future central and local government relationship within NI to ensure greater alignment of government priorities and council delivery plans within a wider community planning process

2.4 Local Government Reform provides a real opportunity to rethink how central and local government can work in a more integrated manner, aligning both policy and resources to address shared investment priorities for our cities, towns and neighbourhoods. There are several benefits to this more integrated approach to delivering key functions and integrating resources locally to shape an area whilst adding value and maximising outcomes in terms of European funding:

• Greater ability to align budgets and resources with other mainstream council activities/budgets to support a place-based approach for physical, social and economic regeneration • Further enhance the ability of local government to create the conditions to support economic growth and competitiveness locally • Increased ability to ensure that all areas are able to contribute to and benefit from economic growth and regeneration • Potential for increased investment / access to funding opportunities • Streamlining, integrating and aligning processes for the benefit of customers • Greater ability to adapt to local circumstances and priorities • Improved connectedness between the local, regional and European priorities • Enhanced involvement of individuals and communities in the design, delivery and evaluation of services through a community planning approach

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2.5 The paper requests the support of the NI Executive (principally through DFP, DETI, DEL and DARD) for:

 Local Government to have delegated authority for the delivery of European Structural Funds, using a Community Plan led approach in the period 2014- 2020;  Council areas to be designated ITI or CLLD status or a combination of these to enable local authorities to deliver European funding to support the delivery of community plans and area based investment

3 Resource Implications

3.1 Staff implications within European Unit to maintain the local government lobby relating to the 2014-2020 EU Programme period

4 Equality and Good Relations Considerations

4.1 There are no Equality and Good Relations considerations attached to this report.

5 Recommendations

5.1 Members note the content of the report and agree to the submission of the attached papers to DFP.”

The Committee adopted the recommendations and noted that the lobby papers referred to therein would be available on the Council’s website.

Minutes of Meeting of Budget and Transformation Panel

The Committee approved and adopted the minutes of the meeting of the Budget and Transformation Panel of 14th March.

Minutes of Meeting of Audit Panel

The Committee approved and adopted the minutes of the meeting of the Audit Panel of 12th March.

Human Resources

Pay Request from the Belfast City Council Trade Union Group

(Mrs. J. Minne, Head of Human Resources, attended in connection with this item.)

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The Head of Human Resources submitted for the Committee’s consideration the undernoted report:

“Relevant Background Information

Members will be aware of ongoing consideration of the request made by the Belfast City Council’s Trade Union group that the Council makes a payment of £250 to employees earning less than £21,000 per year. This request was linked to a June 2010 budget statement which announced “ a two-year pay freeze for public sector workforces, except for workers earning less than £21,000 a year who will receive an increase of at least £250 per year in these years. ”

The pay awards referred to in the June 2010 budget statement were not, however, made by local government, and the Government’s proposals in this regard were set aside by the Employers’ Side of the National Joint Council (NJC).

Senior Counsel advice, commissioned by the Council on this matter, stated that while the payment would understandably boost morale and assist employee relations in a time when no pay award has been made to staff for the past three years, it would be retrospective, would not be limited to existing salaries, and would amount in his view to a gratuity, and therefore be unlawful.

Committee was advised, in February, that given this legal advice the Council could not make a payment on the basis of the request from the TUs.

The matter was deferred by the Committee in order for the Head of Human Resources to examine whether or not legitimate alternative options exist to make a payment to the lower paid staff in the organisation as members are keen to seek to ensure that good employee relations are maintained and employees receive recognition for the services they provide.

Key Issues

Discussions have been ongoing with the TUs and The Head of HR and on the basis of these discussions it is proposed that the Council makes a one off payment of £250 to employees below Senior Officer grade who give their commitment to make themselves available to the Council for emergency response situations.

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Experience shows that emergencies often happen when least expected and in ways which cannot be anticipated. On many occasions the Council contributes to the response to an emergency, and the effectiveness of that response is often a reflection of the willingness of our staff.

It is understood that responding to emergency situations may require staff to work outside their normal working hours and also to carry out duties which may not normally be part of their own day to day work.

To achieve effective emergency planning, the Council needs the commitment of staff to respond to these potential situations.

Specifically, it is proposed that in consideration of the £250 payment, staff would commit to the following:

• Assist the Council in responding to emergency situations. This may include work during or outside of normal working hours (for which normal, agreed Council remuneration terms would apply) and also carrying out duties that are required as part of the emergency response, which may not be part of their normal day to day duties.

• Assist the Council in the recovery phase of an emergency. This may include work during or outside of normal working hours (for which normal, agreed Council normal remuneration terms would apply) and also carrying out duties that are required as part of the emergency recovery, which may not be part of their normal day to day duties.

The Council will require the relevant employees to provide their contact details and confirm their commitment before a £250 payment is made.

The Town Solicitor and Assistant Chief Executive has confirmed that such a payment would be legal in these circumstances.

Resource Implications

The cost of making such a one off payment to officers below Senior Officer grade would be approximately £469,150.

Equality Implications

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There are no equality implications with this proposal.

Recommendations

Members are asked to agree that the Council makes a one off payment of £250 to employees below Senior Officer grade who give their commitment to make themselves available to the Council for emergency response situations.”

The Committee adopted the recommendations.

Asset Management

Licences and Leases

Licence of the Ligoniel Community Centre

The Committee was advised that the Development Committee, at its meeting on 10th January, 2012, had approved the renewal of a Licence Agreement to Glenbrook Surestart for a further three years, up to 31st January, 2015, for the Ligoniel Community Centre. The Council had licensed the Centre to Glenbrook since February, 2009 to enable it to block book the minor hall and store from 9.00 a.m. till 1.00 p.m. Monday to Friday. Glenbrook Surestart was an initiative which ran a specific programme for two year old children and was funded by the Department of Education and led by the Belfast Health and Social Care Trust. The further term of three years had been agreed with the Trust, with the cost of use based on current charges in the region of £40 per week, with additional costs of £100 per annum for the use of the store.

The Committee agreed to a further 3 year Licence Agreement with the Belfast Health and Social Care Trust for the use of the Ligoniel Community Centre on the terms as outlined.

Surrender of Lease at Finlay Park

The Committee was advised that the former Client Services (Parks and Amenities) Sub-Committee, at its meeting on 8th August, 2000, had agreed that an area of ground at Finlay Park be leased to Greencastle Community Group on the basis that the Council continued with the general upkeep and responsibility of the area. The Group had taken a 15-year lease from the Council, with effect from 23rd July, 2001, the purpose of which was to enable the Group to obtain funds from the National Lottery Charities Board and the Belfast Regeneration Office, European Unit in order to improve the playground area. The lease provided that the Council would maintain responsibility for the maintenance and repair of the equipment in the play area. The equipment had reached the end of its economic life and had been removed by the Council some years ago.

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It was reported that the Greencastle Community Association now wished to surrender the lease from the Council for the land at Finlay Park as it no longer had the capacity to manage the facility and it would appear that it might no longer exist as a legal entity. The Council had received confirmation from the National Lottery Charities Board and the Belfast Regeneration Office indicating that they had released the Group from the original terms and conditions of the grant which it had received. Further to that, at its meeting on 10th February, 2011, the Parks and Leisure Committee had approved the development of community gardens at four locations across the City, including Finlay Park and had subsequently started construction.

The Committee granted approval to the surrender of the lease dated 23rd July, 2001, between Greencastle Community Association and the Council.

Lease of Land to Springfield Star-Blackmountain and Glor na Mona

The Committee was reminded that, at its meeting on 23rd November, 2012, it had endorsed the Greater Shankill Area Working Group’s recommendation to add a further £50,000 to the £100,000 of its Local Investment Fund to allow Springfield Star-Blackmountain to develop a mini soccer pitch at a site adjacent to Springmartin Play Area, with all funding subject to confirmation of costs, clarification of legal issues and sustainability.

In addition, the Committee, at its meeting on 24th August, 2012, had endorsed the recommendation of the West Area Working Group to provide £112,000 of Local Investment Funding to Glor na Mona in respect of a site at Whiterock Close, subject to match funding being obtained within 18 months and subject to confirmation of costs, clarification of legal issues and sustainability.

The Committee was advised that the lands which were required by Springfield Star and Glor na Mona were currently held by the Parks and Leisure Committee and, at its meeting on 14th February, 2013, that Committee had adopted recommendations in two reports on the Local Investment Fund Schemes relating to the provision of a site for a mini soccer pitch adjacent to the Springmartin play area and the provision of a site for a modular building for Glor na Mona at Whiterock Close.

The Committee authorised:

(i) the grant of a three year lease to Springfield Star-Blackmountain for an area of land adjacent to the Springmartin play area at a rent of £200 per annum, with an option to renew for a further three years and subject to meeting sustainability targets and subject to detailed terms and conditions being agreed by the Estate Management Unit and Legal Services; and

(ii) the grant of a seven year lease to Glor na Mona at a rent of £815 per annum for the site at Whiterock Close, with an option to extend the lease for a further seven years, subject to it meeting sustainability targets and subject to detailed terms and conditions to be agreed by the Estate Management Unit and Legal Services.

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Connswater Community Greenway – Update

The Committee was reminded that, as part of the City Investment Strategy, it had agreed to co-ordinate the acquisition of lands to allow the Connswater Community Greenway to proceed. It was reported that the Northern Ireland Housing Executive had, by way of a grant of wayleave and easement dated 29th August, 1989, acquired a portion of land from the Council, in order to construct a footbridge to permit access to the Flora Street Walkway, Avoniel Leisure Centre and Avoniel Primary School from the Executive’s new build scheme off Bloomfield Parade. The Council had now acquired land at Bloomfield Parade from the Executive and the footbridge would be replaced by the Council as part of the Connswater Community Greenway Scheme. Therefore, the Executive wished to surrender the wayleave and easement to allow the Council to replace the bridge.

The Committee granted approval to the surrender of the grant of easement and wayleave for the land as outlined.

Responses to Wilmont House Development Brief

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 The Council hold Wilmont House and Sir Thomas and Lady Dixon Park on title that requires the Council to use the premises for the greatest good of the citizens of Belfast.

1.2 At its meeting on 22 June 2012 the Committee approved the advertisement of Wilmont House for disposal on a 25 year lease by way of a Development Brief. This ratified the decision of the Parks and Leisure Committee of 14 June 2012.

1.3 Members are reminded that issue of the Development Brief followed a previous call for Expressions of Interest in developing the facility to which some six responses had been received.

1.4 Initial enquiries from a number of interested parties, following issue of the Development Brief, were encouraging, but unfortunately only one proposal was received by the closing date.

1.5 The proposal received envisages a seven year (minimum) refurbishment which would be carried out by trainees and apprentice labour in conjunction with a number of organisations who may be able to provide funding and supply trainees for the project. The project would be managed and operated by the responding Developer who would take a lease for the duration of the refurbishment and return the building

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back to the Council on conclusion of the works (the cost, if any, to be paid by the Council for return of the refurbished building is not stated). The Council would be invited to determine at the outset what sort of end use it envisaged and the refurbishment plans would be developed accordingly.

1.6 While the above concept may have merit in assisting with skills development in the construction sector, the submitted proposal lacks some key information, particularly in relation to the level of commitment of those organisations who may be able to provide trainees and apprentices. In addition there was insufficient evidence of a commitment by funders towards materials costs and an absence of any supported example costings.

1.7 In issuing the Development Brief the Council sought evidence of the financial sustainability of the proposal over a minimum of ten years. Because of the nature of the proposal it is unable to provide longer term sustainability and in any case, as mentioned above, the proposal lacked sufficient evidence of the availability of funding to support its ‘restoration’ objectives over the anticipated life of the project. In summary the submitted proposal does not provide officers with sufficient confidence that it can be carried through, although as mentioned above, the concept, or elements of it, may have some merit.

1.8 Further information on the proposal received is contained in Appendix 1 to this report.

2 Key Issues

2.1 Following the conclusion of the Development Brief process Committee is asked to consider a number of options.

Option 1. Proceed with the submitted proposal. Please see comments above and at Appendix 1 in relation to the submission and its evaluation.

Option 2. Retain the property and leave it to deteriorate i.e. maintain the status quo.

Option 3. Retain the property and carry out repairs at Council expense to stabilise and preserve the structural integrity of the building fabric and thereafter consider its longer term future.

Option 4. Enter discussions with the parties who previously expressed an interest in redevelopment of the property through the Expressions of Interest process (this includes the

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respondent to the Development Brief) and parties who have subsequently expressed interest, with a view to developing a fuller understanding of their present level of interest and if some form of co-operative joint scheme and working arrangements involving one or more of the parties, or another party or parties, might be feasible.

3 Resource Implications

3.1 Finance

i. The submitted proposal (Option 1) appears to show there may be no capital costs to the Council (although this is not entirely clear). The Council’s exposure to subsequent revenue costs would remain uncertain.

ii. Re (Option 2) maintaining the status quo. On account of the substantial repairs required to the property no planned maintenance resource is currently allocated to Wilmont House by Facilities Management. In 2011/12 Parks and Leisure Department incurred out of hours security costs in the region of £46,000 in relation of the building.

iii. Option 3 the cost of remedial works of this nature have not yet been estimated but could be substantial. In the absence of a proposed end use there would be no certainty around the cost effectiveness of such works. If remedial works were to be carried out the Council would necessarily start to incur on-going maintenance costs following their completion in order to ensure any investment in remedial repairs was not eroded.

iv. The financial implications resulting from potential collaborative working (Option 4) are not presently known.

3.2 Human Resources

Resources from Parks and Leisure Department and Estates Management Unit and Legal Services would be involved in implementing Options 1 and 4. Resources in Parks and Leisure and Facilities Management would be involved in Options 3 and to some extent in Option 2.

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3.3 Asset and Other Implications

The purpose of the Expressions of Interest and Development Brief processes was to alter the present situation in an effort to bring a sustainable use to this Listed Building which occupies a central position in this prestigious Park. The Brief sought to provide a use with some vibrancy rather than the more negative impact of long term vacancy and its associated consequences. Alternative uses remain desirable and further investigation of a potential joint scheme could be worth pursuing.

4 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues associated with this report.

5 Recommendations

5.1 Committee is recommended not to proceed with the proposal submitted in response to the Development Brief and to inform the Developer accordingly, Committee is further recommended to proceed with Option 4 above and authorise officers to engage with those parties who have previously expressed an interest in the development and restoration of Wilmont House, through the Expressions of Interest process (and subsequently) with a view to establishing if it would be feasible to marry-up any of their proposals (potentially to include third party proposals) in a joint scheme. A further report would be brought to Committee in the autumn (or sooner if a definitive position is quickly established) outlining the results of discussions and an appropriate way forward which would take account of relevant procurement practices. An update report will also be submitted to the Parks and Leisure Committee regarding the decision of this Committee.”

The Committee adopted the recommendations.

Disposal of Land at Colin Glen to Clanmil Housing Association

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 At its meeting of 14 th December 2012 the Strategic Policy & Resources Committee were made aware of difficult and protracted negotiations that are required to bring certain

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disposals to housing associations to a conclusion and were also advised that a report would be brought back in respect of a further Council site (Colin Glen site) where there continued to be very protracted negotiations between the Council and a housing association.

1.2 Originally developed as a traveller’s facility at Colin Glen by the Council the site was closed in September 2001 and following a decision of the Client Services (Community and Leisure Services) Sub-Committee at its meeting on 30 th June 2003 the site was appropriated to the Development Committee. The Amenity Units were subsequently demolished following a further Committee decision in October 2003.

1.3 At its meeting of 20 th April 2005 the Development Committee agreed to the proposed disposal of former traveller lands, including land at Colin Glen to the Northern Ireland Housing Executive (NIHE) for development of social housing subject to agreement on valuation. Committee were also asked to note that the NIHE current methodology for site acquisition involved appointing housing associations. Subsequently NIHE nominated Clanmil Housing Association for the Colin Glen lands.

1.4 The Strategic Policy & Resources Committee, at its meeting of 21 st September 2007, agreed in principle to disposal of the land at Colin Glen to Clanmil Housing Association subject to agreement on terms (including a price approved by LPS) and a further report being brought to Committee for approval.

1.5 Following protracted negotiations between Clanmil and the Council, LPS have now assessed the value of the site at £1,100,000, based on Clanmil’s proposed development of 67 social housing units. Clanmil have accepted this valuation assessment as the basis for transferring this site from the Council.

2 Key Issues

2.1 Clanmil secured an outline planning consent in respect of the Colin Glen site for a housing development to include 67 residential units in February 2012 upon which Land & Property Services (LPS) based their assessment of value at £1,100,000. Potential for this scale of housing development was subsequently confirmed in a planning assessment for the site commissioned by the Council. Clanmil also had their own valuation assessment undertaken which concluded that in the current market the site value lay in a speculative bid of only £50,000. This report also indicated that the site could deliver a

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reduced housing density of only 44 units. Given the divergence in these respective assessments there was little prospect of achieving a negotiated agreement with Clanmil.

2.2 Clanmil indicated that in order to comply with DSD funding requirements and from their own governance point of view that they required assurances around how the LPS valuation of £1,100,000 had been arrived at and confirmation that it took account of site development ‘abnormals’ they had identified in delivery of a housing development on this site.

2.3 Having expressed reservations regarding the basis of the LPS assessment and how the valuation had been arrived at there followed numerous exchanges of correspondence between Council and Clanmil in which Clanmil were provided with copies of both the LPS assessment and Council’s planning assessment in an attempt to provide Clanmil with the guarantees they sought.

2.4 Negotiations with Clanmil were only finally concluded following direct discussions with DSD who had been asked by Clanmil to confirm that the valuation provided by LPS had been undertaken in accordance with the RICS valuation standards: in their response to Clanmil, confirming the basis of the LPS valuation, the DSD had also urged them to reach a decision as a priority.

2.5 Clanmil submitted a reserved matters application for full planning permission based on the previsions outline approval for 67 units in December 2012 which replicates the initial scheme design in terms of layout and a decision from Planning Service is currently awaited.

2.6 Following Clanmil’s Board approval to proceed with this purchase at the figure of £1,100,000 Clanmil have indicated their requirement to be in contract as soon as possible. In order to facilitate as early completion as possible Council have permitted Clanmil to undertake a number of on-site investigations and have progressed necessary title searches.

2.7 Having submitted for full planning approval, on the same basis of an existing outline consent, the delivery of these social housing units at Council’s Colin Glen site should be achieved within the shortest possible timeframe

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3 Resource Implications

3.1 Financial

The sale of these lands will result in a capital return to the Council of £1,100, 000 which could be directed to the Councils Investment Programme or other priorities.

3.2 Human Resources

Staff Resource in Estates & Legal Services to progress.

3.3 Asset and Other Implications

The disposal of this vacant site and development as a social housing scheme should lead to improved social, economic and regeneration benefits for the area, as well as providing a capital return for the Council.

4 Equality and Good Relations Implications

4.1 There are no equality implications to this proposal

5 Recommendations

5.1 It is recommended that the Committee approves the disposal of these lands to Clanmil Housing Association for £1,100,000 subject to detailed terms and a contract to purchase being agreed with the Estates Management Unit and Legal Services. Should Clanmil seek to condition this agreement, over and above the usual contract terms, it is recommended that the Committee withdraws the offer to sell this land to Clanmil Housing Association.”

The Committee adopted the recommendation.

Belfast Education and Library Board Works at Flora Street Walkway

The Committee was informed that the Parks and Leisure Committee, at its meeting on 14th March, had agreed that an appropriate Licence Agreement be entered into with the Belfast Education and Library Board to enable work to be carried out by its contractor on the Council-owned land at the Flora Street Walkway. The Licence Agreement would be for a period of approximately ten weeks, subject to an agreed licence fee of £75 per week payable to the Council.

The Committee agreed to approve the grant of a Licence Agreement to allow access over the aforementioned land.

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Good Relations and Equality

(Mrs. H. Francey, Good Relations Manager, attended in connection with these items.)

Minutes of Meeting of Joint Group of Party Leaders Forum and Historic Centenaries Working Group

The Committee approved and adopted the minutes of the meeting of the Joint Group of Party Group Leaders Forum and Historic Centenaries Working Group of 1st March and agreed to proceed with the proposed designs for the modification of the UDR window and a granite bench for the Garden of Remembrance at the City Hall in relation to a memorial for Operation Banner.

Minutes of Meeting of Good Relations Partnership

The Committee approved and adopted the minutes of the meeting of the Good Relations Partnership of 11th March.

Cross-Cutting Issues

Request for Deputation – Northern Ireland Public Service Alliance re: Abolition of the Northern Ireland Housing Executive

The Committee was advised that correspondence had been received from the Deputy General Secretary of the Northern Ireland Public Service Alliance (NIPSA) seeking to address the Committee in relation to the abolition of the Northern Ireland Housing Executive.

The Committee was reminded that the Council, at its meeting on 4th February, had passed the following Notice of Motion:

“This Council recognises the need for reform of the Housing Executive; notes with concern the approach of the Minister for Social Development to this reform and urges Belfast City Council to write to the Minister to ensure that any proposed reforms are enshrined in the principles and values of equality and housing allocated on the basis of need.”

A response had been received from the Minister in which he had indicated his appreciation that the Council recognised the need for the reform of the current Housing Model. The Minister had also stated that, in relation to the allocation of housing, his Department’s recent consultation exercise on the Housing Strategy 2012/17 had invited comments on a review of the allocation policy and the responses showed strong support for continued housing allocation on the basis of need. The Minister also intended to consult further on the issue before the policy was revised to ensure that there was an agreed and consistent definition of what housing need meant in Northern Ireland. He pointed out that, fundamental to the review of allocations, were the principles of

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fairness and equity, the need to ensure that the most vulnerable in society were supported and that the necessary services and interventions were in place to allow the most vulnerable to access decent housing. Under the proposed new structures, the Regional Housing Body would be responsible for the allocation of housing on the basis of need.

The Committee agreed to receive at a future meeting a deputation from the Northern Ireland Public Service Alliance in relation to the abolition of the Northern Ireland Housing Executive.

Chairman

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Belfast Voluntary Transition Committee

Friday, 8th March, 2013

MEETING OF BELFAST VOLUNTARY TRANSITION COMMITTEE

Members present: Councillor Hargey (Chairman); Aldermen M. Campbell and R. Newton; and Councillors Convery, Corr, Haire, Hanna, Hendron, Hussey, Jones, Lavery, Maskey, McCarthy, McVeigh, Mac Giolla Mhín, Ó Muilleoir and A. Newton.

In attendance: Mr. C. Quigley, Assistant Chief Executive/Town Solicitor; Mr. R. Cregan, Director of Finance and Resources; Mr. G. Millar, Director of Property and Projects; Mr. S. McCrory, Democratic Services Manager; and Mr. J. Hanna, Senior Democratic Services Officer.

Apology

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

Minutes

The minutes of the meeting of 8th February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March.

Declarations of Interest

No declarations of interest were reported

Local Government Reform Update

The Committee considered the undernoted report:

“ 1.0 RELEVANT BACKGROUND INFORMATION

1.2 The purpose of this report is to provide Members with a shared understanding of the current position of the local government reform programme including an update on recent key announcements and setting out up incoming key milestones in the programme.

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2.0 KEY ISSUES

2.1 There is no doubt that the local government reform programme is starting to pick up real momentum with increased intensity and pressure on council resources, at all levels, to deliver on reform alongside other corporate priorities including the Investment Programme, local area working and business as usual. Notwithstanding, the potential impact and opportunities presented by reform for the Council in terms of the future operation/ governance arrangements and its leadership role within the city cannot be underestimated.

FUNDING REFORM

2.2 The Minister of the Environment has recently issued letters to all Councils and elected Members confirming that the NI Executive have now agreed a funding package of £47.8 million to support the implementation of the local government reform (LGR) programme has been circulated. In summary, the funding package covers the following areas:

- £13.8million over next two years towards supporting councils working in Shadow form including costs related to councillors severance scheme, capacity building, change management support, staff induction costs and the winding up of the current 26 councils;

- £4million over next two years to cover the cost of council borrowing in relation to ICT costs and systems convergence costs

- £30million towards rates convergence

LEGISLATION

2.3 Local Government (Reorganisation) Bill. This is the key piece of enabling legislation which will bring forward key elements of the LG reform process including e.g. introducing a new governance and ethical standards regime, bring effect to statutory duty for community planning for councils. At the NILGA Annual Conference on 28 February 2013, the Environment Minister stated his intention to introduce the Reorganisation Bill into the NI Assembly in March 2013.

2.4 Planning Bill – The Environment Minister has recently introduced a draft Planning Bill into the NI Assembly to fast- track some elements of planning reform in advance of, and to ensure fit-for-purpose the transfer of functions to local

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government. A separate report is on the Committee agenda for consideration.

2.5 Members’ Severance – At the NILGA Annual Conference on 28 February 2013, the Environment Minister stated his intention to issue for consultation firm proposals regarding Members severance scheme attached to LG reform.

TRANSFERING FUNCTIONS

2.6 Members will be aware that the NI Executive are still to reaffirm the final package of functions to transfer to local government. The Environment Minister has submitted a paper to the NI Executive regarding transferring functions and is expecting a decision to be taken by the NI Executive imminently.

2.7 Notwithstanding, work is continuing through the Transfer of Functions Working Group, Chaired by BCC Chief Executive, to undertake a detailed due diligence review of the scope of functions to transfer, the resources (both financial and people) attached to the functions and to identify the practical issues which need to be addressed in moving forward. In terms of specifics:

(i) PLANNING

An initial options paper is being prepared setting out the range of delivery models for planning when it transfers to local government (ranging from an 11 council model with internal integrated planning team through to regional delivery model). It is intended that the paper will be issued to all VTCs for consultation and seeks to confirm that the preferred delivery model (e.g. each of the 11 new council model) in advance of detailed financial, staffing and organisational design work being undertaken.

As previously stated by Members, Belfast wishes to have its own internal planning team integrated within the Council; further enhancing its ability to align functions, resources and energy to make a real and sustainable difference at the local level. Work is currently underway to develop a detailed work programme around planning which will ensure that the Council is in a state of readiness to deliver statutory planning functions and to work towards addressing the organisational, structural, governance and capacity implications attached to this. Proposals on a detailed implementation plan will be brought back to a future meeting of the Belfast VTC for Members consideration.

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(ii) REGENERATION

In terms of regeneration related functions, DSD intends to initiate a rolling programme of workshop sessions with local government representatives from each council cluster. DSD are to write to each VTC seeking authority for senior officials to participate in joint officer workshops to inform the development of draft delivery plans in relation to the transferring DSD related functions. It would be the intention that any emerging draft implementation plans would be then submitted for the future consideration of the Voluntary Transition Committees. DSD are suggesting that the first workshop session be arranged within BCC in March/April 2013.

COMMUNICATIONS

2.8 Effective communications will be an important aspect in moving forward with the LG reform programme and ensuring that all Members, staff and citizens are kept fully informed as the programme evolves. It will be equally as important the Council and Members are fully aware of the core benefits to be realised as a result of the reform programme and that key messages are build around this. A recent DOE circular setting out some of the high-level benefits attached to LG reform - informed by input from BCC officers has been circulated.

2.9 In recent months, intensive work has gone into communications related activity around LG reform and the Councils preparations for reform including new internal/interlink web content; new external web content - http://www.belfastcity.gov.uk/reform/; Member and Party briefing sessions; staff briefing sessions; updates through Intercom and City Matters etc.

3.0 Resource Implications

There will clearly be HR implications, in terms of required time commitments and available capacity of both Members and senior officers in relation to the Councils preparations for reform and transfer of functions. In order to effectively manage this, it will be important that the core programme of work is built into the forward work plan for the Committee.

4.0 Recommendations

Members are asked to:

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(i) note that a detailed implementation programme for planning is under development and will be submitted for the future consideration of the Committee; and

(ii) consider and authorise officers to hold a joint workshop session with DSD officials to inform the development of a similar delivery plan for regeneration which will be brought back to the Committee for consideration and direction.”

The Committee adopted the recommendations.

Engagement with Lisburn and Castlereagh

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 Members will be aware that as part of the local government reform programme, the new Belfast District Council boundary, scheduled to come into effect by 2015, will encompass parts of the adjacent Lisburn, Castlereagh and a small portion of North Down council areas.

2.0 Key Issues

2.1 As instructed by Committee, joint officer discussions are ongoing with Lisburn and Castlereagh to capture the necessary information to inform a due diligence assessment of potential assets (and any associated liabilities) and staff transferring to Belfast City Council. This process will ensure that appropriately informed options and recommendations can be put in front of Members In April/May 2013 for consideration and direction.

2.2 The following provides a summary update on discussions to date:

(i) Assets and Liabilities transfer

Lisburn/Castlereagh seeking agreement in principle that those assets, and associated liabilities, currently owned by both councils which are located within the new Belfast boundary, would transfer to Belfast City Council. An initial list provided by Lisburn/Castlereagh setting out those assets/buildings/land which is currently owned by both councils and which will be located within new BCC boundary has been circulated.

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In terms of due diligence process, officers are currently examining important considerations such as what is the book value of the assets, are there any loans attached to the assets, what is the running costs, what are the maintenance requirements etc..

2.3 (ii) Staff Transfer

Lisburn/Castlereagh seeking agreement in principle that appropriate levels of staff transfer to Belfast. Recommended that initial work be undertaken to review and identify possible staff numbers on the basis of the following three categories:

- Category 1 - staff directly employed & based in a facility transferring to Belfast

- Category 2 - staff who are not employed in a facility transferring, but who work all, or the majority of their time (in the areas transferring)

- Category 3 - staff who provide support to categories 1 & 2 (proportionate)

The initial proposals put forward by Lisburn/Castlereagh are estimating approximately 180 staff to transfer to Belfast City Council. On initial review by BCC officers, the staffing figure proposed appears to be disproportionate in terms of the assets and areas to transfer to Belfast and work is underway within HR to examine in detail the figures put forward and the associated categorisation process applied.

2.4 (iii) Investment Plans for Transitional Areas

Members have already highlighted the need for due consideration to be given to the investment requirements of those transitional areas moving into Belfast as a result of the changes to the Councils boundary, and that any such requirements are build into the councils future investment plans. Discussions are already underway with both Lisburn and Castlereagh regarding potential investment in these areas in the context of both the Social Investment Fund and the Leisure Review. It has been agreed also that Lisburn and Castlereagh would prepare a joint report detailing the various capital expenditure projects, and associated sources of finance, planned over the next three years for those areas transferring to Belfast City Council.

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2.5 The Committee agreed at its meeting in March 2013 that it would be important for the Council to get a fuller understanding of other key investment/regeneration schemes planned or underway within those areas transferring to the Council. The Committee agreed that key developments such as the Colin Glen Town Centre in Outer West and Hanwood Centre in Outer East be invited to a future meeting of the Voluntary Transition Committee to outline to Members the key elements of each scheme.

2.6 Members will note that representatives from the Colin Glen Town Centre development will be in attending the Committee meeting on 8 March 2013 to give a short presentation to Members on the development scheme (refer to Annex 2 for briefing paper). It is recommended that representatives from Hanwood Centre attend the Committee meeting in April to give a similar presentation. It would be the intention that a programme of awareness sessions on other key developments in those transitional areas be scheduled over the coming months to enable Members to gain an understanding of planned developments or opportunities in the wider Belfast boundary.

3.0 Resource Implications

There are no financial or HR implications contained within this report.

4.0 Recommendations

Members are asked to

(i) note the contents of this report;

(ii) note that a report on potential transfer of assets/liabilities and staff will be brought back to Committee in April/May 2013; and

(iii) note that representatives from Colin Glen Town Centre will be attending the Committee meeting to give a presentation on the scheme.”

The Committee was advised that Ms.Brenda Burns and Mrs Bronagh O’Kane, Strategic Investment Board, were in attendance and they were admitted to the meeting and welcomed by the Chairman.

The Committee was advised that Colin was a medium density, suburban area located on the periphery of West Belfast and within the Lisburn City Council local government area. However, that would change in 2015 under Review of Public

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Administration when the Colin area would move within Belfast City Council’s boundaries.

In 2003 the Department for Social Development had published the Colin Neighbourhood Strategy and soon after Colin had been designated a Neighbourhood Renewal Area. Since then, the Department had commissioned a number of specific studies on the Colin area. Those reports had collectively and consistently articulated the need for a new town centre for Colin, focussing on the Stewartstown Road. In March, 2012 a consultation process had been undertaken to explore public opinion around the draft Development Framework Plan for Colin town centre.

With the assistance of visual aids, Ms. Burns reviewed the public consultation process and outcomes. She indicated that the consultation had been in line with best practice, the Programme for Government Priorities and had incorporated the one public estate approach. She explained that the exercise had provided reliable feedback, with representation from a cross section of the Colin population. It had demonstrated the Strategic Investment Board’s independence and established what the Colin community wanted, needed and would use. That had brought about a significant change of emphasis, modifying the mainly retail-centred plan to one that instead focussed upon creating a social and physical hub.

The consultation had identified a desire for a new post primary school in the area and had highlighted transportation network issues. In conclusion, Ms. Burns reviewed the next steps which included, amongst other things, briefing Ministers via an Executive paper, the publication and updating of the consultation report, the commencement of planned acquisitions, developing transport solutions, undertaking discussions with the Council and pursuing all appropriate funding opportunities.

The members of the Deputation then answered a number of questions for the Members and thanked the Committee for receiving them and retired from the meeting.

The Committee noted the information which had been provided.

The Planning Bill (NI) 2013

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 The Department of the Environment (DOE) intends to transfer planning functions to councils in 2015 in line with the Executive's commitment to reform local government. The Planning Act (Northern Ireland) 2011 provides for the transfer of the majority of planning powers to councils and for the modernisation of the planning system.

1.2 The Department is seeking to deliver a major programme to reform the existing planning system in parallel with the process of statutory transfer to Councils under the Review of

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Public Administration. Key legislative elements of the reform programme are already in place including the Planning (Northern Ireland) Act 2011 (the 2011 Act) which received Royal Assent on 4 May 2011. Chief Officers will note that the Council previously submitted a detailed response to the consultation process leading up to the Planning Act.

1.3 On 14 January 2013, the DoE introduced to the Assembly a draft Planning Bill (NI) 2013. The Bill will make legislative changes to make provisions within the reform proposals available to the Department in advance of the transfer of planning functions to councils. It therefore brings forward amendments to The Planning (Northern Ireland) Order 1991 which mirror the provisions in the 2011 Act. The Bill provides for the opportunity to test some of the proposed reforms in advance of the full implementation of the Act at the point of transfer of functions to local government. It will also mean that the DOE will transfer a system which has begun to undergo the process reform. A copy of the detailed Planning Bill, with a high-level synopsis of proposals contained within the Bill has been circulated.

1.4 The primary objective of the Bill is to accelerate the implementation of reforms contained within the 2011 Act. It will legislate in 5 key areas which it states are intended to provide for:

• faster processing of planning applications by streamlining processes to speed up decision making and deliver development. This includes the appointment of persons other than the Planning Appeals Commission to conduct inquiries and hearings into major planning applications and a duty for statutory consultees to respond to consultation within a prescribed timeframe.

• faster and fairer planning appeals system through restricting the introduction of new material at appeal and allowing the Planning Appeal Commission to award costs where the unreasonable behaviour of one party has left another out of pocket. The time limit for submitting appeals is also reduced from six to four months.

• enhanced community involvement through a requirement on the Department to prepare and publish within one year of commencement a statement of its policy for involving the community in the delivery of planning functions. Developers will

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also be required to consult the community before submitting major planning applications and demonstrate they have done so.

• simpler and tougher enforcement through raising fines for a series of offences, introducing fixed penalty notices as an alternative to costly and lengthy prosecutions through the Courts, as well as multiple fees for retrospective planning applications.

• other measures to enhance the environment and to strengthen the planning system including:

- an amendment to the general functions of the Department and the Planning Appeals Commission to exercise certain functions with the objective of furthering sustainable development, promoting or improving well being and promoting economic development, paying particular attention to the desirability of achieving good design;

- provision that the Department’s consent must also be given to the felling of trees covered by a tree preservation order which are dying and the control of demolition in conservation areas will also be extended to include the partial demolition of buildings.

- The power of the Department to grant aid non- profit organisations has been extended to include furthering an understanding of planning policy.

1.5 The Committee for the Environment has called for written evidence from local government which must be submitted by Friday 15 March 2013 . The Environment Committee has scheduled has scheduled a stakeholder event on 18 April at Parliament Buildings to give respondents an opportunity to feedback to the Committee.

2.0 KEY ISSUES

2.1 Members will note that the Planning Bill includes 28 technical clauses. In cross-referencing the proposals set out within the Bill against previous corporate policy positions (responses to relevant consultation processes), it would appear that there are no key issues of material concern for the Council albeit further clarification is required regrind the practical implementation of some of the provisions set out. In fact, given the stated intention of the Bill to enable the Department

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to test elements of planning reform and ensuring fit-for- purpose, in advance of transfer to local government, it is suggested that Council welcomes the introduction of the Bill.

2.2 Attached at Annex 3, is a proposed draft Council response to the Planning Bill, setting out a number of strategic points, as outlined below for ease of reference by Members, in addition to specific comments on the 28 technical clauses. Members are asked to consider the following strategic issues

- Promotion of Economic Development - The Bill introduces new provisions regarding the promotion of economic development as a statutory material consideration within the planning decision-making process. This seeks to give similar equivalence to economic development as to environmental and sustainable development considerations. It is important to note that this in line with the key priority of the NI Executive and Programme for Government in relation to supporting economic growth and competitiveness within Northern Ireland.

- Local Development Plans – A key function to be undertaken by local government when they receive planning powers is the creation of local development plans. Planning Reform introduces a new local development plan system and associated obligations including a shorter 2-year development plan timetable, preparation of community statements etc. As this will be resource intensive should the Bill not seek to bring forward aspects of this process in advance to enable necessary testing to be undertaken and preparatory work progressed as appropriate

- Transition Arrangements – The Council may wish to commend to the Department that due consideration be given to maximising all opportunities to involve local government in the process of reforming the planning system through a programme of focused and meaningful pilot initiatives. This would provide a real opportunity to test new processes, governance arrangements and help develop joint institutional capacity for councils and the Department in lead up into 2015

- Capacity Building - The Council recognises that there is a critical need to ensure that there is sufficient capacity within both central and local

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government to ensure that the reformed planning service is delivered in an effective and efficient way both pre and post transfer of specific functions to councils. It taking forward the implementation of the Planning Bill, the Council would commend that there is a real opportunity to strengthen the relationship between the Planning Service and councils, enhancing the joint capacity of both and ensuring vital learning is gained in advance of the full transfer of the function to local government. Again, this is linked to the potential initiation of pilots referred to above.

- Resources to deliver – it will be important that appropriate resources are committed by the Department to bring forward the Planning Bill and the necessary subordinate legislation, in parallel with the detailed legislative programme required to bring effect to the wider reform and transfer of functions to local government.

3.0 Resource Implications

There are no financial or HR implications contained within this report.

4.0 Recommendations

Members are asked to:

(i) consider the contents of this report and the draft response set out at Annex 3; and

(ii) agree that the draft response, subject to any revisions made by Committee, be submitted to the Environment Committee

PLANNING BILL 2013 BELFAST CITY COUNCIL DRAFT WRITTEN EVIDENCE

INTRODUCTION

Belfast City Council recognises the need for a reformed Planning System within Northern Ireland and welcomes the opportunity to submit its views on the Planning Bill, seeing it as progressive and instrumental in supporting reform.

The Council considers that an effective local planning function offers the potential to bring to fruition the new community planning role to be given to councils, enabling a much more

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strategic and integrated approach to be taken to the social, economic and physical regeneration of local areas and in improving the quality of life of citizens.

The Committee will be aware that the Council had made a detailed response, in 2009, to the original Departmental consultation “Reform of the Planning System in Northern Ireland: Your chance to influence change” which set out proposals for planning reform. The Council also submitted a detailed response to the subsequent Planning Bill (issued for consultation in December 2010) which provided the legislative basis for planning reform and give effect to the transfer of the majority of functions and decision making responsibilities relating to local development planning, development management plus planning enforcement to district councils as a result of local government reform.

Strategic Comments

The Council would welcome the introduction of the Planning Bill and its stated ambition of enabling the Department to bring-forward and test elements of planning reform to ensure that the functions are fit-for-purpose at point of transfer to local government. The Council would highlight the following strategic issues for the consideration of the Environment Committee in reviewing the Planning Bill.

- Promotion of Economic Development - The Bill introduces new provisions regarding the promotion of economic development as a statutory material consideration within the planning decision-making process. This seeks to give similar equivalence to economic development as to environmental and sustainable development considerations. It is important to note that this in line with the key priority of the NI Executive and Programme for Government in relation to supporting economic growth and competitiveness within Northern Ireland.

- Local Development Plans – A key function to be undertaken by local government when they receive planning powers is the creation of local development plans. Planning Reform introduces a new local development plan system and associated obligations including a shorter 2-year development plan timetable, preparation of community statements etc. As this will be resource intensive should the Bill not seek to bring forward aspects of this process in advance to enable necessary testing

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to be undertaken and preparatory work progressed as appropriate

- Transition Arrangements – The Council may wish to commend to the Department that due consideration be given to maximising all opportunities to involve local government in the process of reforming the planning system through a programme of focused and meaningful pilot initiatives. This would provide a real opportunity to test new processes, governance arrangements and help develop joint institutional capacity for councils and the Department in lead up into 2015

- Capacity Building - The Council recognises that there is a critical need to ensure that there is sufficient capacity within both central and local government to ensure that the reformed planning service is delivered in an effective and efficient way both pre and post transfer of specific functions to councils. It taking forward the implementation of the Planning Bill, the Council would commend that there is a real opportunity to strengthen the relationship between the Planning Service and councils, enhancing the joint capacity of both and ensuring vital learning is gained in advance of the full transfer of the function to local government. Again, this is linked to the potential initiation of pilots referred to above.

- Resources to deliver – it will be important that appropriate resources are committed by the Department to bring forward the Planning Bill and the necessary subordinate legislation, in parallel with the detailed legislative programme required to bring effect to the wider reform and transfer of functions to local government.

COMMENTS ON SPECIFIC CLAUSES CONTAINED WITHIN THE BILL

CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 1 Statement of Community Involvement The Council has previously supported the This clause introduces the requirement for the introduction of a statement of community Department to produce a statement of its involvement but would again request policy for involving the community in its greater clarity in relation to the process development plan and planning management that will be undertaken by the department functions within one year of the clause coming and ultimately local Councils, in addition to into operation. the content of the statement itself.

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CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 2 General functions of the Department The Council notes that the latter two and the Planning Appeals Commission objectives (i.e. improving well-being and The Planning Bill (Clause 2 (1) a, b, c) promoting economic development) are introduces a new requirement for the new additions to the Planning Act 2011 and Department or the PAC must exercise their The 1991 Order. planning function with the objective of The Council recognises that the Bill promotion of economic development as a - Furthering sustainable development statutory material consideration within the planning decision-making process seeks to - Promoting or improving well- give similar equivalence to economic being; and development as to environmental and - Promoting economic development sustainable development considerations. Clause 2 also introduces a requirement to The Council recognises also that this is in “have regard to the desirability of promoting line with the key priority of the NI good design.” Executive and Programme for Government in relation to supporting economic growth Other provisions in the Planning Bill require the and competitiveness within Northern economic advantages or disadvantages of Ireland. granting or refusing planning permission to be considered. The Council would commend that any such material considerations should be given equal weighting as the other stated objectives in regards to ‘ furthering sustainable development’ and ‘improving well-being’ Clause 3 Meaning of development The Council would welcome this clause as it This clause amends Article 11 of the Planning is in line with recent environmental case (Northern Ireland) Order 1991 by expanding law and would appear to achieve the operations or uses of land to now include consistency with the requirements of the the structural alterations of buildings specified Planning (Environmental Impact in a direction where the alteration consists of Assessment) Regulations. It is also demolishing part of the building. welcomed as it means that developers, in certain circumstances, can no longer demolish without planning permission.

Clarification is sought, however, if the Department would intend to provide a separate direction exempting demolition in certain areas as was proposed in the Department’s recent consultation: Demolition and Development and what implications this will have for the Development Management process.

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CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 4 Publicity, etc., in relation to The Council previously welcomed the applications proposed approach whereby the This clause substitutes Article 21 of the Department will specify the publicity Planning (Northern Ireland) Order 1991 and requirement in subordinate legislation, in makes provision for a development order to set this case a Development Order. out the detailed publicity requirements for applications for planning permission. The The Council would request early Department must not consider an application if engagement in the formulation of any such the publicity requirements are not satisfied. Development Order and associated Article 25 as amended also makes provision subordinate legislation. that a development order may prescribe that the Department must not determine an application before the end of a certain period and must take any representations into account in that determination. Clause 5: Pre -application community The Council is supportive of the proposed consultation requirement for pre-application community consultation. Clause 5 does not Clause 5 inserts three articles into the Planning define the class of application to which this (Northern Ireland) Order 1991 to introduce pre- requirement applies. The Planning Act 2011 application community consultation. specifically refers to ‘applications for

Article 22A places an obligation on developers planning permission for a major to consult the community in advance of development’ and thus relates directly to submitting an application if the development the proposed hierarchy of developments falls within a class prescribed for the purposes (Regionally Significant, Major, Local). The of this Article. The prospective applicant must Bill should provide greater clarity in terms give 12 weeks’ notice that an application is to of what applications will be affected by this be submitted and provide details of the clause. application including a description of the development and address of the site. Clause 5 places the onus on regulation to Regulations will prescribe the minimum prescribe the persons to be involved in pre- consultation requirements placed on the application consultation. The Council applicant. Additional requirements may be would request early involvement in the placed on a particular development if the formulation of these regulations. Department considers it appropriate. The Council previously commented that pre-application consultation with Inserts Article 22B which requires the applicant communities should be a statutory to produce a report indicating what has been requirement in respect of regionally done to comply with the pre-application significant applications to ensure the community consultation requirements. The process is open and transparent and allow report must be submitted with the application. communities the opportunity to influence The form of the pre-application consultation proposal at an early stage. The applicant report may be set out in Regulations. should be responsible for the community

Inserts Article 25AB. If the pre-application consultation and further clarification of community consultation requirements have not

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CLAUSES BELFAST CITY CO UNCIL COMMENTS been complied with the Department must guidance in relation to the relationship decline to determine the application. The with the formal statutory process including Department can request additional information details on the statutory consultee is in order to decide whether to decline the required. application. Clarification is sought in relation to the Clause 5 also places a requirement upon the requirements and what is considered to Department to include notices of Pre- constitute both the process and the application community consultations and definition of communities for the purposes consultation reports in the planning register of applications potentially broad areas of prepared in accordance with Article 124 of the impact. Liaison with Councils in relation to Planning (Northern Ireland) Order 1991. the proposed arrangement may facilitate the development of effective consultation processes. Clause 6 Determination of planning This Clause amends the established applications approach in the planning system. Current legislation (the 1991 Order and the 2011 Clause 6 amends Article 25 of the Planning Act) both outline that the Department, in (Northern Ireland) Order 1991 and Section 45 dealing with a planning application, shall of the Planning Act (Northern Ireland) 2011 by have regard to the development plan in so including provision that material far as material to the application, and to considerations in the determination of planning any other material considerations. applications includes a reference to considerations relating to any economic Clause 6, ‘without prejudice to the advantages or disadvantages likely to result in generality of the existing provisions’, granting or refusing planning permission. introduces a specific requirement to consider any economic advantages or disadvantages likely to result from the planning decision.

Whilst the Council recognises the need for introducing such provisions, it would commend that there is no unbalanced weighting given to such considerations as to the other planning objectives in regards to ‘ furthering sustainable development’ and ‘improving well-being’

The Council would commend that clarification and Guidance is required in relation to the process of framework through which such provisions will be assessed e.g. a form of economic impact assessment, similar to the ‘environmental

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CLAUSES BELFAST CITY CO UNCIL COMMENTS impact assessment’ used to assess environmental implications. Clauses 7 and 8 : Power to decline to The Council has previously stated their determine subsequent and/or overlapping support for these clauses as they will application prevent developers from submitting repeat applications on the same site. These clauses extend the DOE’s power to decline subsequent and overlapping applications for planning permission or listed building consent. It includes the power to decline applications where the Department has refused more than one similar application and there has been an appeal to the Planning Appeals Commission which has been withdrawn. It also includes the power to decline to determine similar applications made on the same day, as well as the power to decline to determine a planning application where the Commission has refused a similar “deemed application” arising from an appeal against an Enforcement Notice within the last two years.

Clause 9 Aftercare conditions for ecological The Council has previously stated their purposes on grant of mineral permission support for these clauses.

Amends Article 27A of the Planning (Northern Ireland) Order 1991 by extending the list of land uses to be considered when the land is being restored to a required standard to include “use for ecological purposes”

Clause 10: Public inquiries: major planning The legislation states that persons other applications than the PAC can be appointed by the DOE to carry out public inquiries and conduct This clause amends Article 31 of the Planning appeals. However, the Planning Appeals (Northern Ireland) Order 1991 to allow the Commission currently falls under the remit Department to appoint a person other than the of OFMDFM. Should the power to appoint Planning Appeals Commission to hold a public “persons other than the PAC” should lie local inquiry [or hearing] to consider with OFMDFM rather than DOE to maintain representations made in respect of any the independence of these persons from application to which Article 31 (major planning the Department application) has been applied.

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CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 11: Appeals: time limits The Council has previously stated their support for this clause as it will ensure that Clause 11 reduces the period for making an planning decisions are not delayed appeal to the Planning Appeals Commission unnecessarily by lengthy timescales from six to four months or such other period as associated with appeal procedures. may be specified by development order.

Clause 12: Matters which may be raised in an The Council would support this clause. appeal

Clause 12 inserts “Article 32A” in the Planning (Northern Ireland) Order 1991 so that any party to the proceedings of an appeal under Article 32 will not be able to raise any matter that was not in front of the Department when it made its original decision. The only exceptions will be if the party can demonstrate, to the satisfaction of the Planning Appeals Commission, that the matter could not have been raised before that time or that it’s not being raised was due to exceptional circumstances. Clause 13: Power to make non -material The Council has previously stated their changes to planning permission support for this clause.

This clause inserts provision at Article 37A of the Planning (Northern Ireland) Order 1991 to allow the Department to may make a change to a planning permission already granted on application. The change must not have any material effect on the permission, and it includes the power to amend or remove conditions or impose new ones. Consultation and publicity arrangements may be set out in Regulations. Clause 14: Aftercare conditions imposed on The Council has previously stated their revocation or modification of mineral planning support for this clause. permission.

This clause inserts a provision at Article 38A of the Planning (Northern Ireland) Order 1991 which permits the Department to impose aftercare conditions where a mineral planning permission has been modified or revoked by an order served under Article 38, provided a

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CLAUSES BELFAST CITY CO UNCIL COMMENTS restoration condition is included or in place on the land.

Clause 15 relates to payments under Article Clause 15: Planning agreements: payments to 40 Agreements to be made to any departments Government Department not just the DoE. This clause amends Article 40 of the Planning This should be extended to Local Councils. (Northern Ireland) Order 1991 to enable any On a related issue it should be noted that sum payable under a planning agreement to be the Department receives £10,000 for every made to any Northern Ireland department and Environmental Statement (ES) requiring not solely the Department of the Environment. consideration as part of the application process. Whilst the Department receives the ES it is usually forwarded on to consultees, including the Council, for consideration without any consideration of the re-distribution of fees to reflect the additional work required. It may be appropriate to consider this matter as part of the payments by to departments in the context of the widened scope to include Local Councils.

The Council would have no comment on Clause 16: Increase in Certain Penalties this clause. Clause 16 increases penalties in relation to 7 articles in the Planning (Northern Ireland) Order 1991. For offences under Article 49 (acts causing or likely to result in damage to listed buildings) the maximum level of fine, on summary conviction, has been raised to the statutory maximum. Also the fine payable on summary conviction when a person fails to prevent damage or further damage resulting from the offence is raised from one tenth of a level 3 fine to one tenth of a level 5 fine on the standard scale for each day on which the failure continues. Offences may also be convicted on indictment. This Clause increases the level of fine that can be handed out by the courts for damage to listed buildings or failing to

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CLAUSES BELFAST CITY CO UNCIL COMMENTS prevent further damage to a listed building; hazardous substances offences; failure to comply with stop notices and other enforcement offences. Clause 16 increases the maximum level of fine, on summary conviction, for a range of offences relating to breaches of planning control or consents from £30,000 to £100,000. The Council would have no comment on Clause 17: Conservation areas this clause. Clause 17 amends Article 50 of the Planning (Northern Ireland) Order 1991 to include provision that the Department must pay special attention to (a) preserving the character or appearance of that area in cases where an opportunity for enhancing its character or appearance does not arise; or (b) enhancing the character or appearance of that area in cases where an opportunity to do so does arise.

The Council would have no comment on Clause 18: Control of demolition in this clause. conservation areas

Clause 18 amends Article 51 of the Planning (Northern Ireland) Order 1991 by adding additional provision that any structural alteration to a building in a conservation area, where the alteration consists of demolishing part of the building, shall be taken to be demolition for the purposes of Article 51. The Council would have no comment on Clause 19: Tree preservation orders: dying this clause. trees

Clause 19 amends Articles 65 and 65B of the Planning (Northern Ireland) Order 1991 and Section 125 of the Planning Act (Northern Ireland) 2011 by removing the reference to dying trees. Dying trees are no longer exempt from the provisions of a tree preservation order.

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CLAUSES BELFAST CITY CO UNCIL COMMENTS The Council would have no comment on Clause 20: Fixed Penalties this clause. This clause inserts 2 articles into the Planning (Northern Ireland) Order 1991. Articles 76C and 76D enable an authorised officer to issue a fixed penalty notice for the offences of failing to comply with an Enforcement Notice or Breach of Condition Notice, offering the offender an opportunity to discharge any liability for the offence without having to go to court. The amount of the penalty can be such amount as may be prescribed. The level of fixed penalty will be prescribed by Regulations and is reduced by 25% if paid within 14 days. The Council would have no comment on Clause 21: Power of planning appeals this clause. commission to award costs

Clause 21 inserts Article 111A into the Planning (Northern Ireland) Order 1991 . This power enables the Planning Appeals Commission to make an order requiring the costs of a party to an appeal to be paid. When the Commission makes an order, parties will normally come to an agreement amongst themselves, but in the event agreement cannot be reached between the parties, disputes can be referred to the Taxing Master of the High Court. Article 111B applies the provisions relating to award of costs, to circumstances where a hearing has been cancelled. The Council would have no comment on Clause 22: Grants this clause. Clause 22 amends Article 120 of the Planning (Northern Ireland) Order 1991 to extend the Department’s power to grant aid non profit organisations whose objectives include furthering an understanding of planning policy. The Department of Finance and Personnel’s approval to such grants is no longer required.

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CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 23: Duty to respond to consultation The Council requests early engagement in the formulation of future development Clause 23 inserts Article 126A which requires orders and subordinate legislation. This those persons or bodies which the Department clause will have initial implications for the is required to consult before determining Council’s current role as a statutory certain applications for planning permission or consultee and longer term impacts in terms consent to respond to consultation requests of decision times. The Council would want within a prescribed period or such other period to be closely involved in the formulation of as is agreed in writing between the consultee the Development Order outlined in Clause and the Department. The section also gives the 23 which will set-out consultation response Department power to require reports on the procedures. This will be a critical element performance of consultees in meeting their of the potential to improve performance response deadlines. the ability to enforce compliance with consultation requests or the ability to progress determination in the absence of responses from other Government Departments will be critical. It may be appropriate where no adequate responses are received by the agreed dates there is provision for this to be considered as a non-objection (at the risk of the consultee). Clause 24: Fees and Charges Previously the Council requested that consideration is given to the introduction Clause 24 amends Article 127 of the 1991 Order of a premium fee for retrospective to enable the Department to charge multiple planning applications to act as a deterrent fees for retrospective planning applications. that focuses on the obligation to seek approval for proposals of clarification prior to the commencement of development. The fee should be proportionate to the level of the development and the level of uncertainty surrounding the form of development and associated provision for permitted development Clause 25: Duration The Council would have no comment on this clause. This clause allows the Department to make subordinate legislation to repeal provisions in the Bill and to include transitional or transitory provisions and savings in connection with the coming into operation of any provisions. A draft of such an order must be laid before and be approved by resolution of the Assembly

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CLAUSES BELFAST CITY CO UNCIL COMMENTS Clause 26: Interpretation The Council would have no comment on this clause. This clause contains interpretation provisions and defines a number of terms used throughout the Bill. Clause 27: Commencement The Council recognises the be nefits of the Department retaining the capacity to This clause contains interpretation provisions commence selected elements of this and defines a number of terms used Planning Bill at suitable times. In this throughout the Bill. context the Council suggests including provision in this Planning Bill for strategic elements of the planning system to be carried out by Local Councils prior to full transfer of functions, for example, area planning functions prior to 2015.

Clause 28: Short title The Council would have no comment on This clause provides a short title for the Bill. this clause.

” The Committee approved the draft response as the Council’s submission to the Environment Committee.

Chairman

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Parks and Leisure Committee

Thursday, 14th March, 2013

MEETING OF PARKS AND LEISURE COMMITTEE

Members present: Councillor McCabe (Chairman); Aldermen Humphrey and Rodgers; Councillors Corr, Garrett, Haire, Hartley, Hendron, Kelly, Kyle, McKee, Mallon, Mullan, Newton, O’Neill, Spence and Thompson.

In attendance: Mr. A. Hassard, Director of Parks and Leisure; Mrs. R. Crozier, Assistant Director of Parks and Leisure; and Mr. B. Flynn, Democratic Services Officer.

Apologies

Apologies were reported on behalf of Councillors McNamee and O’ Donnghaile.

Minutes

The minutes of the meetings of 14th and 18th February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March, subject to the amendment of the decision of the meeting of 14th February under the heading “High Hedges Act - Implementation Review” to the effect that a letter be forwarded to the Minister with responsibility for the Department of the Environment enquiring as to the steps which could be taken within the legislation to address the issue of High Hedges at properties for which no owner could be identified.

Declaration of Interest

Regarding agenda item 16, viz., “Barnett Demesne – Request from County Grand Lodge of Belfast” Councillor Haire indicated that he was the Belfast County Grand Master of the Grand Orange Lodge of Ireland, but pointed out that there existed no associated pecuniary or material conflict.

Flooding at Orchardville

The Committee was reminded that serious flooding had occurred throughout Belfast on the evening of 27th June, 2012, particularly in the south of the City. The Director pointed out that the Orchardville area, which was adjacent to the Woodlands Playing Fields, had been affected adversely and that one contributory factor which had been identified by the local community was the run-off of water from the playing fields. The Director reported that, since the incident, remedial work had been carried out to improve the effectiveness of the drainage on the site.

The Director pointed out that the Council’s Emergency Planning Team had, in conjunction with a range of bodies and agencies, undertaken a review of the

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widespread flooding and a number of recommendations arising from that exercise had been adopted by the Strategic Policy and Resources Committee at its meeting on 23rd November, 2012, one of which had been to undertake a review of flooding ‘hotspots’. Accordingly, he reported that a request for assistance in the commissioning of a study of the Orchardville and Woodlands areas had been received from the Rivers Agency. This request had indicated that specialist consultants would be commissioned to oversee, in conjunction with the Council, the Rivers Agency and NI Water, a study which would identify sources of flooding and the steps which could be taken to manage such sources and to consider which organisation would be best placed to take action thereon. He added that it was anticipated that the report would be completed by September, 2013, and presented to the Committee in due course.

The Committee agreed to allocate £5,000 towards the undertaking of the study as outlined.

Amateur Boxing Strategy for Belfast – Update

The Committee considered the undernoted report:

“1. Relevant Background Information

Members will be aware that the Council has developed an amateur boxing strategy for the city in partnership with Co Antrim Boxing, Ulster Boxing Council (UBC), Sport Northern Ireland (SNI) and the Irish Amateur Boxing Association (IABA).

Following approval of the draft strategy by Committee at its meeting in October 2012, a period of public consultation opened on Monday 5 November 2012. A copy of the draft strategy and a response questionnaire were available to download from the website and the closing date for responses was Friday 8 February 2013.

In addition a meeting was organised on 17 January in Ormeau Bowling Pavilion to which all the boxing clubs on our mailing list were invited. Officers also presented the draft strategy to a special meeting of the youth forum and sought their views on it. The Council’s S75 Consultative Forum has also been kept informed of the development of the strategy and was notified of the consultation process.

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2. Key Issues

Consultation findings

A total of 16 written responses were received to the public consultation in addition to the meetings that were held with the boxing clubs and the Council’s youth forum:

• Increasing female participation

• There is agreement that this is an issue that needs to be addressed but there is a lack of facilities in the majority of clubs for females • Suggestion was made that additional money needed to be put into target/develop female participation • Suggestion was made that there is a need to have more female coaches as females may feel intimated going to classes with male coaches • Promote female boxers – e.g. use their photos on poster

• Increasing participation among people with a disability

• The majority of clubs do not have the facilities necessary to facilitate members with a disability • Suggestion was made that we should look at working with special needs schools – train coaches to work with kids with special needs

• Sport development officers/coaches

• There was mixed feelings from the governing bodies and boxing clubs for the appointment of 2 Sport Development Officers; unclear what their role would be and some feeling that they won’t come from boxing and won’t know about the sport • There was support for putting in additional boxing coaches or following the model • The possibility of the coaching training being run in Belfast rather than Dublin was raised

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• Suggestion made that if each club had a qualified coach they could train others in the club

• Volunteers

• Issue of getting and keeping volunteers was raised • Need for funding to help with volunteers expenses • Question was asked could Belfast City Council set up a volunteer list/bank that clubs could use

• Financing of clubs

• None of the proposed funding is to help clubs with running their clubs – issue of keeping clubs running and their doors open • Can we examine the use of council facilities for example free/reduced hire rates for boxing clubs?

• Events

• Need for funding to host events in Belfast but also need to have a balance between the money being available for the large scale and small events • Issue of getting funding for boxers going to events elsewhere • Need to work with all the partners to bring large scale international competitions to Belfast

• Schools programme

• Support from Youth Forum for the schools programme but questioned if enough money being put into it • Not clear understanding from clubs as to how it would work

Amendments to the draft strategy

The steering group met to discuss the consultation findings and any amendments to the draft strategy that were necessary

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as a result of the consultation. The following amendments (in bold) have been suggested to the action plans within the strategy:

Pathways (boxers, coaches and officials)

• Explore the potential of obtaining funding and sponsorship to support a programme of competitive fixtures, both local and international competitions, in Belfast • Begin discussions with the education sector in relation to the introduction of a non-contact boxing programme in schools including special need schools

Coach education and development

• Work with the governing body to attract and train more females as coaches • Work with the governing body to train coaches that can work with people with special needs

Club support and development

• Explore the introduction of one Sports Development Officer and 2 community based Coaches for Belfast, based in Belfast City Council with boxing as a priority target area

Appointment of Sport Development Officers and Coaches

Within the consultation process the action that prompted the greatest level of discussion and comment was the proposal that two SDOs be appointed to deliver the strategy. The view from across the boxing fraternity was that there was a danger that the two SDOs would not have sufficient links to boxing to be effective and that we should consider the programme that has been put in place in Dublin which aims to promote boxing and community activity and is targeted at ‘at risk’ young people in disadvantaged areas.

Based on the feedback and discussions with our partners we are now proposing that one SDO and two community based coaches are put in place. If Members agree to this proposal there will be a shortfall in the budget that has been allocated to staff and we will have to find additional resources for the appointment of a second coach. We are currently exploring other options such as the appointment of a coach through the Active Communities Programme. If the proposal is accepted

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we will work with our partners to define the role of the two community based coaches and the programme of activities they will undertake. We will also ensure that the SDO works with the regional Club Development Manger (funded by SNI and line managed by IABA) to ensure there is no duplication of resources.

Other issues raised through the consultation

Other issues raised through the consultation included:

• Funding for travel by Belfast based boxers to competitions elsewhere – the Council through the Support for Sport Scheme’s Individual Grant helps pay for personal expenses, such as travelling abroad to train, and for participation in governing body approved competitions outside Northern Ireland and this is open to boxers.

• Funding for running costs such as affiliation fees, insurance and utilities costs – whilst many clubs (across all sports) find it difficult to keep their doors open, officers believe that giving clubs funding for running costs is a short term measure and would not promote sustainability within the sport.

• Issue of sectarianism in the support – within the action plans one of the agreed actions is for the Council to work with Co Antrim Boxing to develop and deliver a good relations programme for Belfast based clubs.

Next steps

Subject to Members agreeing the final strategy it is proposed that the Council should formally launch the strategy at an event with our partners. The details of the launch have yet to be worked out but it is likely that we would look at using the Ulster Hall because of its links with boxing and that it would be an evening event to facilitate the attendance of members of the boxing clubs.

3. Resource Implications

Financial

£200,000 per year for 3 years has been agreed for the implementation of the strategy

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4. Equality and good relations implications

The strategy has been equality screened in line with the Council’s equality process. The screening showed that there were potential adverse impacts on a number of groups including females and people with a disability and mitigating actions have been added to the strategy.

5. Recommendations

The Committee is asked to:

i. agree the final strategy subject to any comments, amendments or inputs from Members; ii. agree to a formal launch of the strategy with our partners; and iii. subject to Committee approval, agree that the Council’s vetting and selection process is followed to explore the creation and recruitment of one Sports Development Officer and two community based Coaches.”

The Committee adopted the recommendations.

Growing Communities – Update

The Committee considered a report which provided an update on the programme of activities which had been formulated to oversee the Council’s Growing Communities Strategy. The Members were reminded that a public consultation exercise in this regard had concluded in October, 2012, and that a report on its findings would be incorporated within the Strategy which would be submitted for consideration at a future meeting. In addition, a tendering exercise, which had sought to identify a suitable partner or consortium to deliver growing activities in community gardens, had concluded and an evaluation of the tenders submitted would be carried out in due course and the contract awarded thereafter.

Noted.

Ash Dieback Disease - Update

The Committee considered the undernoted report:

“1. Relevant Background Information

1.1 On the 26 October 2012 the Department of Agriculture and Rural Development (DARD) wrote to the Council informing us of recent confirmed outbreaks of Ash Dieback in England, Scotland and in the Republic of Ireland. The purpose of this

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report is to update the Committee on the current situation with regards to Ash Dieback in terms of how this relates to the Council’s and city’s tree population.

1.2 Ash Dieback is a serious disease affecting ash trees and is caused by a fungus called Chalara fraxinea . The disease can manifest itself through leaf wilting, shoot, twig and branch dieback and bark lesions which ultimately lead to the death of the tree. It is particularly destructive of young ash plants, killing them within one growing season of symptoms becoming visible. Older trees can survive initial attacks, but tend to succumb eventually after several seasons of infection.

1.3 This disease can spread from plant to plant, from fallen leaves via leaf mould and through wind borne spores which can move up to 30 kilometres in one year spreading the disease.

1.4 Ash dieback has already caused widespread damage to the ash tree populations in continental Europe and is particularly prevalent in Denmark where up to 90% of trees have been infected. If the disease became established it has the capacity to inflict on common ash what Dutch elm disease did to our elm tree population in the late 70’s early 80’s - that is to essentially wipe out the species as a forest, woodland, amenity and landscape tree.

2. Key Issues

2.1 DARD has taken the lead role in co coordinating and mapping any outbreaks throughout the province and has set up a protocol for reporting any suspicious symptoms on ash trees.

2.2 To date there has been 26 Chalara fraxinea confirmed infections in Northern Ireland, all of which that have been linked to recently planted young ash trees and there has been no confirmed cases of a wider infection of the environment

2.3 Due to the real threat to our natural environment, DARD has introduced two new pieces of emergency legislation to prevent the introduction and spread of Ash Dieback within Northern Ireland through the movement of ash plants and seeds for planting and from the movement of ash wood and bark:

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• The Plant Health (Amendment No3) Order (Northern Ireland) 2012 • The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2012.

2.4 An internal working group has been set up within the Parks and Leisure Department and to date we are in the process of: • Identifying any young ash tree planted over the past five years and inspecting these for any stem/shoot lesions, leaf necrosis and fruiting bodies associated with Ash Dieback when symptoms are most likely to be observed • Identifying the number and location of our ash tree population from existing and ongoing tree survey data throughout our parks • Installing information posters throughout our parks • Running toolbox talks for key staff, user groups, contractors etc on biochemical measures and good working practices if and when these are required

2.5 We have also banned the import and planting of all ash trees within our parks and open spaces.

2.6 Ash Dieback is potentially a very serious threat and we have no reason to believe that the consequences of its entering the natural environment here would be any less serious to our ash tree population as is the case in Denmark and throughout continental Europe. It is important to stress that all the reported outbreaks here are associated with young plants linked by trade imports and DARD are dealing with these infections.

2.7 At present we do not have any Chalara fraxinea Ash Dieback infections within any of our sites and it will not be until spring/summer that we will know if this disease has reached any of our ash trees. The advice received from our colleagues in DARD is to be very vigilant and if we observe symptoms of Ash Dieback, we should inform DARD immediately.

2.8 To enable us to report any suspect ash trees the internal working group which is made up of Parks Managers, the Council’s Biodiversity Officer and Arboriculturalists, is in the process of setting up a reporting mechanism which will be managed directly by the Arboriculturalists within the Landscape, Planning and Development unit and they will be liaising directly with the DARD team in relation to any suspected outbreaks.

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2.3 DARD have confirmed that if any infections brought to their attention by the Council are confirmed through their laboratory analysis, DARD would then issue a ‘statutory notice’ on the Council and would work closely with officers of the Council offering guidance and advice on how best to manage an outbreak.

2.10 DARD are satisfied with the proactive approach the Council is taking and have suggested working closely with their own surveyors which we recommend doing once we have all the necessary tree data compiled which will identify where our ash trees are located.

3. Resource Implications

3.1 If an outbreak of Chalara fraxinea Ash Dieback is confirmed by DARD, there will be costs associated to deal with the management of affected trees and their disposal however we cannot predict what these might be at this time.

5. Recommendations

Members are asked to note the content of this report and;

• Note that Council is in the process of taking all necessary steps to inform staff, user groups and the public of the possible threat of Chalara fraxinea Ash Dieback infection and will continue to work closely with DARD. • Agree to resource any remedial work necessary to deal with an outbreak of Ash Dieback • Note that Officers will undertake inspections of our ash tree stock when symptoms are most likely to be observed and will report back to DARD.”

The Committee adopted the recommendations.

Mary Peters Track

The Committee was reminded that, at its meeting on 15th September, 2011, it had requested that progress reports be submitted in relation to the refurbishment of the Mary Peters Track. Accordingly, the Director submitted the undernoted update for the Committee’s notation:

Opening of the Facility

The Director pointed out that athletic clubs and individuals were anxious to commence usage of the facility. However, he reported that, in order to complete the work and to obtain the necessary approvals from

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the governing bodies, it had been necessary to keep the track and in-field areas closed to avoid any potential damage. He indicated that signs would be erected to dissuade the use of the track and field areas until the end of April.

Official Opening

The Director pointed out that the facility would be opened on a date to be determined in the week commencing 25th March, provisionally Thursday, 28th at 10:30 p.m. Since this would be the first project completed under the Investment Programme, it was proposed that the Lord Mayor and the Chairman of the Strategic Policy and Resources Committee would open the facility. It was reported that Dame Mary Peters would be in attendance and invited to make a short speech. Invitations would be extended to all Members and staff who had been involved in the project and also to representatives of Northern Ireland Athletics and a number of the clubs which would be using the facility.

Launch Event

The Director reported that an athletics event had been scheduled to launch the facility and that this would take place on 25th June. He proposed that this event would go ahead as scheduled and it would be the first major event at the track and would act as a test event for the World Police and Fire Games. He indicated that, at the time of the meeting, it was proposed that a series of track and field events would be held starting from approximately six p.m. ad ending at nine p.m. The events would be wide-ranging and include athletes at all levels including schools, elite athletics and paralympians. It was intended also that the statue of Dame Mary Peters would be unveiled at this event.

Future Management Arrangements

It was reported that a tendering exercise had been undertaken in this regard and an evaluation process was ongoing with a view to awarding the contract by the end of March, 2013.

Noted.

Waterworks Park – Erection of Container

The Committee considered the undernoted report:

“1. Relevant Background Information

The Committee will be aware that there is a well established and vibrant fishermen’s group operating within the

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Waterworks Park. This grouping has been in existence for several years and has cross community membership. The group has recently approached Council Officers and some elected members requesting the installation of a container at the site adjacent to the upper pond. The purpose of this container would be to provide a storage facility for the equipment used by the group and also to provide a dry area. The proposal excludes the inclusion of heating, water, power and sewage.

The proposal is for a 12m long container. To keep within the constraints under permitted development the height of the container, which will have a pitched roof, must not exceed 4m. In addition the group has asked that the container be masqued as a log cabin to provide a more sympathetic structure to the surrounding environment and in keeping with a more traditional view of fishing. The estimated cost of this would be in the region of £30,000.

The Department of Culture Arts and Leisure has intimated that it may be in a position to provide the necessary funding for this within the current financial year. A proposal has been sent to the Department and is currently under consideration.

2. Key Issues

1. The fishermen’s group is well established within the park and this proposal will help sustain the group in the future; 2. There is the possibility that other interest groups in the future may approach the Council for similar accommodation; 3. The container and associated security fencing will increase the maintenance responsibility, it is anticipated that routine maintenance will be minimal; however, vandalism to the fencing and / or the container would have a more significant impact, the value of the container is estimated to be in the region of £15,000 and the fencing £7,000, the other £8,000 is the cost of preparation and installation; 4. The estimated time scale for the project to be delivered in approximately four months to allow for procurement, construction and installation; 5. The Committee is being asked to give consent to the installation of the container and fencing and accept the associated maintenance and public liability responsibility associated with it.

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3. Resource Implications

Financial Implication

The cost of the container, fencing and installation will be in the region of £30,000 and will be met by the Department of Culture Arts and Leisure. The ongoing maintenance will be absorbed within existing budgets.

5. Recommendations

It is recommended that the Committee consent to the request to provide and locate a container that the cost be met by the Department of Culture Arts and Leisure; and agree to accept the associated maintenance and it public liability responsibilities.

The Committee adopted the recommendations.

Flora Street Walkway

The Committee was reminded that the boundary wall of Avoniel Primary and Nursery Schools abutted on to the Council-owned land at the Flora Street Walkway. It was reported that a section of the existing wall had been deemed unstable by the Belfast Education and Library Board and, accordingly, the Board was proposing to replace the unstable part of the wall with a similar-type structure. To enable this work to be carried out, the Board had sought the Council’s permission to close-off an area measuring approximately 6 by 70 metres in length, for a period of ten weeks, on the Council-owned side of the Walkway. The Director reported that, if approved, the Council would enter into a licence agreement with the Board which would oversee access, insurance and re-instatement work at the site.

The Committee acceded to the request and agreed that an appropriate licence agreement be entered into with the Belfast Education and Library Board to enable the work to be carried out by its contractor and that an appropriate weekly charge would be levied for the use of the land.

Zoo Playground – Update

The Committee was reminded that, at its meeting on 9th August, 2012, it had been advised that an application for assistance to re-develop the playground at the Belfast Zoo had received initial approval under the Northern Ireland Tourist Board’s Tourism Development Scheme. Accordingly, the Council had prepared a full business case for the project prior to it undergoing a full economic appraisal. At its meeting on 24th August, 2012, the Strategic Policy and Resources Committee had agreed to include £215,000 of match funding within its capital programme to assist in the delivery of the project.

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The Assistant Director advised the Committee that it had been anticipated that work on the project would have commenced by early 2013. However, the Tourist Board had received recently the draft economic appraisal for the project and it, viz., the Tourist Board, had indicated that it would require additional time to review the report. Accordingly, she reported that the commencement of the work at the Zoo had been delayed slightly and it was likely that it would not begin until September, 2013, with an anticipated completion date of springtime, 2014.

The Committee noted the information which had been provided.

Holiday Closures 2013/2014

The Committee considered the undernoted report in respect of the above- mentioned matter:

“1 Key Issues

The following holiday arrangements are proposed for the period April 2013 – March 2014 for sites as follows:

Cemeteries and Crematorium Administration

Date City Hall / site offices opening hours Sunday 31 March 2013 Closed Monday 1 April 2013 Closed Tuesday 2 April 2013 * 8.30am – 12.30 pm Monday 6 May 2013 Closed Monday 27 May 2013 Closed Thursday 11 July 2013 Open normal hours Friday 12 July 2013 Closed Monday 15 July 2013 * 8.30am – 12.30pm Monday 26 August 2013 Closed Tuesday 24 December 2013 # 8.30am – 3pm Christmas Day 2013 Closed Thursday 26 December 2013 * 8.30am – 12.30pm Wednesday 1 January 2014 Closed Thursday 2 January 2014* 8.30am – 12.30pm Monday 17 March 2014 Closed

(*Dundonald 10am - 12.30pm #Dundonald 10am – 2pm)

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Roselawn Crematorium and Cemeteries Operations

Date Crematorium Cemetery burials Sunday 31 March 2013 Closed Closed Monday 1 April 2013 Closed Closed Tuesday 2 April 2013 8.00 am – 12pm 9.00am - 11.00am Monday 6 May 2013 Closed Closed Monday 27 May 2013 Closed Closed Friday 12 July 2013 Closed Closed Monday 15 July 2013 8.00 am – 12pm 9.00am - 11.00am Monday 26 August 2013 Closed Closed Tuesday 24 December 2013 8am – 2pm 9am – 2pm Christmas Day 2013 Closed Closed Thursday 26 December 2013 8.00 am – 12pm 9.00am - 11.00am Wednesday 1 January 2014 Closed Closed Thursday 2 January 2014 8.30am – 1.30pm 8.00am – 12.00pm Monday 17 March 2014 Closed Closed

*96 Additional cremations slots have been available since November 2012. Members are reminded that cemeteries are open to the public as open spaces 365 days a year.

Belfast Zoo:

The zoo will close on Christmas and Boxing Day only.

Leisure Services

As per the January 2012 report the majority of centres close on bank holidays however some centres remain open to facilitate the smaller customer throughput and these are chosen on a geographical basis and rotated each year. This practise will continue for 2013/14. As discussed at last month’s committee specific events or programmes will be developed where appropriate to try and improve the usage of our sites at these times and this will be kept under review.

Staff training has also proven difficult operationally for mandatory training or briefing sessions on operational issues. Members are asked during December to allow a training day to be allocated per Leisure centre. Any other short closures will be delegated to the director to facilitate operational reviews and improvements.”

The Committee approved the proposed closure arrangements for 2013/2014.

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Bereavement Administration

The Director reminded the Committee that, at its meeting on 14th February, it had considered an update report which provided an overview of the operational reviews which had been carried out as part of the Parks and Leisure Improvement Programme. At that meeting, a Member had expressed concern in relation to the administrative arrangements which had been put in place at the Council’s cemeteries and requested that a report, particularly with regard to the public office at the City Cemetery, be submitted to a future meeting. Accordingly, the Committee considered a report in this regard.

The Director pointed out that the Committee, at its meeting on 11th October, 2012, had approved the implementation of revised shift patterns to oversee the administrative management of both the Dundonald and City Cemeteries. He reported that those arrangements were still in the process of being implemented and that recruitment exercises had been completed recently in relation to the appointment of Cemetery Administrators. The Director explained that it would be somewhat premature to review the effectiveness of the revised arrangements until the amended staffing arrangements had been implemented fully.

After further discussion, it was

Moved by Councillor Hartley, Seconded by Councillor Garrett and

Resolved – That the Committee notes the progress achieved to date in respect of the revised administrative arrangements at the Council’s cemeteries and requests that a review on the effectiveness of the changes be undertaken six months after their full implementation.

Apprenticeships in Parks Scheme

The Committee was reminded that one of the aims of the Council’s Investment Programme had been to develop opportunities for employment and skills development, one of which was the development and implementation of an Apprenticeship in Parks Scheme. The Assistant Director outlined the aims and objectives of the Scheme and indicated that steps had been taken to recruit three horticultural apprentices and it was anticipated that the successful applicants would commence their three-year placement with the Council at the beginning of July, 2013. She outlined the scope of the programme which the apprentices would undertake and pointed out that the Scheme would be reviewed half-way through its initial three-year period and, if deemed appropriate, a report would be presented to the Committee in due course.

The Committee welcomed the introduction of the Scheme and noted the information which had been provided.

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Memorial Safety Process – Update

The Committee considered the undernoted report:

“1. Relevant Background Information

In 2008, the Parks and Leisure Committee agreed to the implementation of a pilot programme of work on memorial safety and inspection in the City Cemetery and an interim policy framework for improving memorial safety. The implementation of the pilot programme was carried out for approximately nine months and relied on the use of existing staffing levels at the City Cemetery.

The implementation of the pilot programme coincided with the introduction of a Departmental improvement programme. During this time an operational efficiency review of the Parks and Cemeteries Service was carried out which resulted in the restructuring and movement of some of the key staff associated with the roll out of the pilot programme. The emphasis of the initial pilot programme related to the inspection, management and maintenance stages of the memorial safety process. Data and evidence gathered as part of the pilot programme revealed the need to update and review the memorial safety process and concentrate on the installation stage as well. This report recommends the introduction of an all-encompassing dual management approach and procedures around the memorial safety process (installation, inspection, management and maintenance).

2. Key Issues

The Council as the City’s burial authority has a duty under the Health and Safety at Work Northern Ireland Order (1978) to ensure, so far as reasonably practicable, the health, safety and welfare at work of their employees and responsibilities towards members of the public and other contractors who visit our cemeteries.

City Cemetery pilot programme results

A basic evaluation and review of the evidence and data gathered as part of the pilot programme reveals the following results, limitation and issues;

••• Detailed inspection reports were captured for eight grave sections within the City Cemetery – Grave sections L, M, N, P, Q, R, F2 and G2.

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••• There is the need to focus on the memorial headstone installation stage as there is currently a lack of awareness of and adherence to installation procedures by monumental masons, including the following: O The cemetery office not informed when headstones are being erected O Headstones being erected with no permission O The fixing method used to erect some of the ‘newer’ headstones does not adhere to the National Associated of Memorial Masons (NAMM) Code of Practice. ••• There is a greater risk of injury to staff and the general public from the memorial headstones erected within the last 15-20 years. ••• There is a requirement to allocate adequate financial and human resources to successfully carry out all the duties associated with the various stages of the memorial safety process (installation, inspection, management and maintenance of memorials).

Current position

The Council is responsible for eight cemeteries in the greater Belfast area with burials mainly carried out at three locations (City, Roselawn and Dundonald). There are currently over 358,140 burials within these sites. To date a total of 5,676 graves have already been inspected at the City Cemetery as part of the pilot programme.

Roselawn Cemetery is currently the only cemetery operating by the Council that has new burial ground available. Section W is the current new section which has just over 3,000 graves in it. With the recent development of Section Y (2,800 graves approximately) the imminent development of Section Z (1,500 graves approximately) and 28 acres of undeveloped future burial ground, the life span of the cemetery in relation to the current number of new burials per year is 30-35 years.

In 2012 there were a total of 254 new graves sold at Roselawn. This figure shows the large number of current and future memorial headstones at Roselawn Cemetery based on the assumption that 80% of all graves have a headstone erected. In addition to this Roselawn, Dundonald and the City cemeteries continue to have new and/ or replacement headstones erected on existing graves on an ongoing basis.

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3. Proposed approach and next steps

Based on the current position outlined above, the Department is proposing to develop and introduce a dual management approach and procedures around the memorial safety process which will include some of the following key priority areas of work:

Approach to carrying out memorial inspection, management and maintenance

• Review and update the interim policy framework of memorial safety and inspection; • Roll out staff training across the three main cemeteries (Roselawn, City and Dundonald) in memorial safety inspection. This will be carried out by an accredited trainer who works to the National Association of Memorial Masons (NAMM) and the British Register of Accredited Memorial Masons (BRAMM) Code of Practise. • Introduce and roll out the reviewed memorial safety and inspection programme over a nine month period to a section within Roselawn and Dondonald cemeteries in order to determine financial and human resources implications. This feedback will combine with the existing data and information gathered at the City Cemetery to help inform the extent and the actual costs of a long term programme of work around the safety and inspection of memorials. • Review the growing problem of the appearance of unauthorised memorials within the three cemeteries and to try and recover lost income either from the sculptor if known and/or the grave owner.

Approach and procedures for the installation of memorials

••• In conjunction with the Policy and Business Development Unit (PBDU) and Legal Services develop a robust set of Rules and Regulations for monumental masons, which defines clearly a set of procedures right from the initial application process for monumental masons and families’ right through to the compliance and monitoring stage of the erected memorial. ••• Introduce a central approved list of NAMM and/ or BRAMM accredited sculptors and masons who will be permitted to carry out work around the memorial

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safety process within cemeteries. All associated cemetery partners including customers, sculptors, masons and grave owners will be contacted and informed of the new procedures, outlining the subsequent implications and given the option of contacting the Council for further assistance in relation to meeting the procedural requirements. ••• Sculptors and/ or masons who are unable to produce adequate evidence of being a preferred supplier will be refused entry onto Council Cemeteries to carry out any work. ••• Introduce a simple sign in and sign out process for sculptors and masons within the cemeteries, which will also prompt a monitoring and compliance check on the installation of memorial headstones.

It is envisaged that a detailed plan of work around the development and introduction of the dual management approach and procedures for the memorial safety process will be developed over the next couple of months. This will realistically outline a phased approach to carrying out priority areas of work and explore any associated financial and human resources implications.

4. Resource Implications

The extent of the human resources implications will be examined in detail in order to introduce and roll out the reviewed memorial safety inspection for a nine month period within Roselawn and Dundonald cemeteries. Some of the options to be explored include the following:

••• Use of Cemetery Operatives; or ••• Recruit additional staff which may include seasonal staff.

There will be a financial cost attached to staff training across the three main cemeteries which will be examined over the next couple of months. Provision for the financial and human resource costs associated with the development and implementation of this approach will be reflected in site estimates for 2013/14. At this time the full extent and actual costs associated with the long term programme of work is unknown: hence the need for an additional nine months inspection regime within Roselawn and Dondonald. Financial and human resource implications for the approach and procedures for the installation of memorials

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Work on the development of the approach and procedures for the installation of memorials can begin straight away by the City Park Manager, Cemeteries and Crematorium Manager, Policy and Business Development Unit, Legal Services and the Corporate Occupational Health and Safety Unit. The financial implications in relation to IT support systems will need to be reviewed. Existing staff will be used to develop and introduce the approach and procedure but the following human resource issues would need to be more fully explored:

••• Responsibility for monitoring and reviewing procedures; ••• Responsibility for ensuring compliance ••• Cemetery office, management and business support implications

5. Recommendations

••• Agree to the development and introduction of a dual management approach and procedures around the memorial safety process including installation, inspection, management and maintenance. ••• Note that an update report will be brought to Committee in May 2013 detailing an annual programme of work (April 2013 – March 2014) and exploring associated financial and human resource implications. ••• Agree that a rigorous evaluation is carried out in January 2014 to ascertain the long term actual costs and programme of work associated with the sustainable implementation of a rigorous Memorial Safety process.”

The Committee adopted the recommendations.

‘Type C’ Graves in Roselawn Cemetery

The Committee considered the undernoted report:

“1. Relevant Background Information

Currently at Roselawn Cemetery there are two Grave types available, viz., Type A - full depth grave for up to four earth burials and/or cremated remains; or Type B – suitable for two earth burials and/or cremated remains.

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2. Key Issues

Within a few of the existing sections of the cemetery there are areas of ground that cannot accommodate any earth burials. This is due either to the presence of a seam of ground rock three ft below (Section D) or close proximity to the water table four ft down (Section W). This ground is currently lying unused although as it is incorporated into the layout of the adjoining graves they do have concrete raft foundations laid.

The Memorial Tree scheme is no longer available at Roselawn Cemetery and the Manager has received requests from bereaved families for an alternative disposal option on site for cremated remains. One option is a grave to hold cremated remains only. Indications from some recently bereaved families are that they would purchase this type of disposal option.

As this unused ground is already laid out within the existing burial sections it could immediately form without any expense incurred by the Department a new type of grave that would hold cremated remains only - to be called Type C – and because the concrete raft foundation is already in place headstones can be erected immediately after purchase.

When cremated remains are buried in a traditional grave the opening is dug down to 2 ft and the urn interred. Each traditional grave is 7 feet long x 4 feet 6inches wide. The potential Type C graves are also this size and could accommodate up to 12 sets of cremated remains. This is a good utilization of the grave and ensures sustainably and continuity for families as a family grave for generations.

3. Resource Implications

There are currently 25 graves identified in Section D and to date 34 graves have been identified in Section W with potentially more as the next part of Section W opens on the far side of Lake Two – the last laid out rows are close to the underlying water table and therefore unsuitable for earth burials.

The ground is already laid out in grass and is maintained to the same high grounds maintenance standard as the surrounding area. To establish a Type C grave would provide additional income for the Department in the selling of each grave, from the interment of each set of cremated remains

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and from the erection and foundation fees for a headstone and would also utilise areas of unused ground.

Currently the existing 2012/13 Scale of Charges are:

Type Belfast Resident Non -Belfast Resident Type A grave £515 £1625 Type B grave £250 £788 Fee for grant £36 £75 Burial of cremated £71 £225 remains in a grave Fee to erect a £58 £115 memorial Type 111 foundation £169 £337 Type V1 foundation £338 £676

It is proposed to charge £150.00 for a Type C grave for Belfast Residents and £472.50 for Non-Belfast Residents - the current charging structure is treble charge plus 5% for the Non-Belfast Residents. These prices would then increase for the 2013/14 Scale of Charges effective from 1 April 2013.

5 . Recommendations

Members are asked to approve the content of this report namely:-

• To agree the introduction of a Type C grave at Roselawn Cemetery which would be for the interment of cremated remains only

• To agree the proposed cost of £150.00 for Belfast Residents for 2012/13 and £472.50 for Non-Belfast Residents. These prices would increase in line with the scale of charges increase for 2013/14.”

The Committee adopted the recommendations.

Dog Control Orders – Update

The Committee considered the undernoted report:

“1. Relevant Background Information

1.1 The Clean Neighbourhoods and Environment Act (NI) 2011 strengthens the legislative powers available to district

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councils to help them deal more effectively with a range of local environmental quality problems, including dog control.

1.2 Members are reminded that under Part 5 of the Act, Council’s may create up to four separate orders to help manage issues associated with dogs in their area. Dog Control Orders can be made in respect of any land in the district council area, subject to certain exemptions, and can relate to the following four matters:

(a) Dog Fouling; (b) Requiring dogs to be kept on a lead in designated areas; (c) Excluding dogs from designated areas; and (d) Limiting the number of dogs a person can be in control of at any one time.

1.3 A Dog Control Officer Group was established to consider guidance and develop proposals to implement Dog Control Orders in Belfast. The group is made up of officers from Health & Environmental Services Department, Parks and Leisure Department and Legal Services. As the enacting of dog control orders requires changes to existing practices and procedure, the development of staff capacity and effective communication with the public on the implications of the orders,it was decided to implement the orders in stages.

1.4 In February 2012 the Committee further agreed that implementation of the procedures for making new dog control orders would be undertaken on a phased basis and that the initial order would relate to section 40 (3)(a) of the Act (Fouling of land by dogs and removal of dog faeces).

1.5 At its August 2012 meeting therefore, the Parks and Leisure Committee adopted a recommendation that a Dog Control Order be made in respect of dog fouling. The Dogs (Fouling of Land by Dogs) (Belfast) Order 2012 became operative on 1 October 2012, replacing the dog fouling provisions contained in the Litter (NI) Order 1994.

1.6 The Order limiting the number of dogs which a person may take on to land was considered at the Health and Environmental Services Committee of 7 November 2012. The recommendation to limit the number of dogs to four was subjected to public consultation and agreement to make the order was confirmed by the Health and Environmental Services February 2013 committee. It received full Council approval on 4 March 2013 and is due to become operative on 1 April 2013.

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1.7 At its November 2012 meeting, the Parks and Leisure Committee agreed the recommended approach to deciding whether or not to make a dog control order excluding dogs from cemeteries, children’s playgrounds and playing fields or pitches in the city. This order was subjected to public consultation at the same time as the order limiting the number of dogs a person can take on to land.

2. Key Issues

2.1 Consultation on the proposed Dogs (Exclusion of dogs from land) Order raised a number of concerns from the public. The draft Order was widely interpreted as suggesting that dogs would be excluded from whole sites when it actually only referred to playing surfaces within sites. This was particularly an issue with park users who generally use local playing fields to exercise their dogs.

2.2 The Council therefore provided clarification on the meaning of “exclusions” within the draft Order and stressed that the exclusion from land Order was, in effect, repeating the terms of existing bye-laws whilst giving the Council stronger enforcement powers.

2.3 Issues were raised about the need for facilities to allow dogs off lead. This refers to the order requiring dogs to be kept on a lead in designated areas which was still under consideration by the Dog Control group and proposals had not been brought forward at this stage. It would appear that some confusion had arisen from this order being implemented in adjoining Councils and the perception of many people that this was also being applied to Belfast City Council sites.

2.4 Due to the public response the consultation on the exclusion from lands order was suspended to allow further clarification and consideration of the issues raised.

2.5 The Dog Control Group has considered the issues raised and recognises that clear communication on the meaning and application of the orders is essential going forward. Also, given the issues raised about designated areas for dogs on lead, consideration has been given to trialling areas for allowing dogs off lead.

2.6 To help inform the implementation of further dog control orders it is therefore proposed that a pilot project is undertaken to trial this approach in the North of the city. It is

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proposed that the pilot would be in operation from June 2013 and would be monitored for a period of six months.

2.7 Findings and recommendations from the pilot and recommendations on the further implementation of dog control orders would be brought back to Committee in January 2014.

3. Resource Implications

The estimated cost of providing a designated area for dogs to run off lead is in the region of £8,000 - £10,000. This can be accommodated with existing budgets.

5. Recommendations

Committee are asked to note the updated position regarding the implementation of Dog Control Orders and the recommendation to pilot areas for dogs off lead.”

The Committee adopted the recommendation.

Barnett Demesne

Request from County Grand Lodge of Belfast

The Director reported that the County Grand Lodge of Belfast had written to the Council regarding the use of the Barnett Demesne for its Belfast demonstrations on 12th July, 2013. He advised the Committee that the Council had granted the use of the site to the County Grand Lodge for the 12th July demonstrations in previous years and there had been no significant difficulties or problems reported. Accordingly, he recommended that the Committee agree to accede to the request, subject to the County Grand Lodge adhering to the Council’s conditions and to the completion of an appropriate legal agreement to be prepared by the Director of Legal Services.

The Committee adopted the recommendation.

World Police and Fire Games

The Committee was advised that the organisers of the World Police and Fire Games had requested permission to use Barnett Demesne for their holding of a middle distance orienteering race on Thursday, 8th August, 2013. It was reported that The Queen’s University Playing Fields would be used for registration and changing facilities and that the race would take place within the woodland and pathways of the park.

The Committee acceded to the request, subject to the drawing-up of an appropriate legal agreement and to the payment of the appropriate hire charge.

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Charity Football Match

The Director advised the Committee that an officer from within the Department had requested permission to host a charity football game at the Danny Blanchflower Stadium to raise funds for an orphanage in The Ukraine. He explained that it was anticipated that a game between teams representing Belfast and Dublin City Councils would be staged on a date to be determined, subject to Council approval and to the obtaining of appropriate sponsorship. The Director reported that the officer had requested, given that the match would raise money for charity, that the Committee would agree to waive the costs associated with hiring the Stadium for the game and permit also the use of the Council’s name and, if necessary, its logo on the occasion of the game.

The Committee agreed, in this instance, to waive the fee for the hire of the Stadium and agreed further that the Council’s name and logo could be used on promotional material, sponsorship forms and shirts for the event, subject to the requirements of the Corporate Communications Section.

Chairman

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Development Committee

Tuesday, 5th March, 2013

MEETING OF DEVELOPMENT COMMITTEE

Members present: Alderman Stalford (Chairman); The High Sheriff (Councillor Kingston); Aldermen Ekin and Stoker; Councillors Austin, Hendron, Hussey, Keenan, Kelly, Kyle, Mac Giolla Mhin, Mallon, Maskey, McKee, McVeigh, O’ Donnghaile, Ó Muilleoir, Reynolds and Spence.

In attendance: Ms. S. McCay, Head of Economic Initiatives and International Development; Ms. C. Taggart, Community Services Manager; and Mr. B. Flynn, Democratic Services Officer.

(The Deputy Chairman, Councillor Ó Muilleoir, in the Chair)

Apology

An apology was reported on behalf of Councillor Webb.

Minutes

The minutes of the meetings of 5th and 19th February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March.

(The Chairman, Alderman Stalford, in the Chair,)

Declarations of Interest

No declarations were reported.

Support for Independent Traders

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 ‘Backin’ Belfast’ Campaign Members will be aware that the Council and DETI have co- invested in a promotional marketing campaign called ‘Backin’ Belfast’. BCC has contributed £400k towards a £1m campaign with the balance of funding from DETI delivered via BVCB and NITB. The campaign is open to engagement from businesses all across Belfast. The campaign has been

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funded through to end of March 2013 and is coordinated by Belfast Visitor and Convention Bureau (BVCB) with the animation programme being led and delivered by Council.

1.2 To date, some traders beyond the city centre have taken part in the campaign by forwarding offers and engaging in the social media activities linked to the Backin’ Belfast initiative. However there are still opportunities for further engagement within the programme timeframe. Belfast City Council has been directly encouraging businesses and local trader groups to engage in the campaign.

1.3 BCC also agreed last month to allocate the sum of £25k for East Belfast to participate in a complementary campaign to Backin’ Belfast. Work has been completed with the local trader groups in East Belfast on developing a ‘Spend Local’ promotion which will take place on 23 March. This will comprise a leaflet drop to local homes in East Belfast promoting the 23 March as a key date for special offers and on-street entertainment.

1.4 Members also asked that a further report be submitted to a future meeting of the Committee outlining the options available to the Council to address requests which might be submitted from traders affected by disruption in other parts of the city, outside of east Belfast.

1.5 Officers were asked to engage with businesses to understand the challenges that they were facing. Given the timescales, it has not been possible to have a comprehensive engagement programme with all business group representatives. However officers did manage to meet with a range of groups and/or their representatives, including:

- West Belfast Traders’ Forum - Lisburn Road Business Association - Sandy Row Business Forum - Traders from Ardoyne area

1.6 In addition, officers were in attendance at a breakfast hosted by the Lord Mayor at which representatives of 9 traders’ groups were in attendance. Discussions focused on the impact of the downturn on business as well as possible solutions.

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2 Key Issues

2.1 Quantifying the impact of disturbances Members will be aware of the concerns of many traders – both city centre-based and across the city’s neighbourhoods – at the impact of the recent protests and associated disruptions on their businesses. A number of requests for additional support have been received by the Council. Officers and Members have met with a range of groups to gain an understanding of the key challenges and to consider what types of support may be required to help the businesses at this difficult time.

2.2 Key issues raised during those meetings include: - Reduced footfall especially in late afternoons resulting in shops closing early - Businesses unable to provide deliveries and answer call-outs - Cancelled bookings (restaurants, professional service providers) - Staffing issues – employees not being able to get to work or having to send staff home, with the associated loss of wages for those staff - Travel difficulties due to lack of public transport - Reduction in shoppers from outside Belfast - Request to consider financial support (hardship fund)

2.3 Retailers have also acknowledged that the disruptions are not the only contributing factor to the difficult economic trading conditions and that their business is under pressure because of the wider downturn.

2.4 Traders have raised these concerns through a range of groupings and organised events and have met directly with support agencies and politicians. The Lord Mayor of Belfast recently hosted a meeting for local trader groups at which he took the opportunity to discuss the current support provided by the Council and to ascertain what particular issues the traders were facing and how they could be supported in addressing these. Representatives from nine traders’ groups attended the meeting and they covered a range of potential support issues. They also suggested that they would welcome the opportunity to have a regular engagement with politicians and senior officers from Council on support for independent retail development in Belfast.

2.5 Members will be aware that, outside of existing funding allocations (outlined below) there has not been any specific provision set aside to provide financial support to the

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business groups. All trader groups and businesses met in recent weeks have asked for financial support also including some direct support for individual businesses as well as other support for any initiatives which would help drive footfall back to their areas. However, one trader group has submitted a specific request. The West Belfast traders are seeking £6,000 to contribute towards a localised Backin’ West Belfast campaign to coincide with an upcoming festival event in early March. The funding would contribute to building wraps on vacant properties, t-shirts for traders, street bunting, taxi wraps and street animation.

2.6 Similarly, the Lisburn Road Business Association has requested additional financial support for promotional events that are being planned for the end of March. They have also asked that consideration be given to supporting a member of staff for the organisation in the future (no specific financial allocation requested).

2.7 Members will be aware that there have been no further funds allocated for these purposes at this stage beyond the Council’s commitment to the Backin’ Belfast campaign of £400k and a specific allocation of £25k for East Belfast to deliver a complementary campaign in association with Backin’ Belfast. Members are asked to consider how they want to respond to such requests from trader groups and local businesses which have made contact with Council as outlined above.

2.8 Retail Action Plan – current support available Members will be aware that the retail action plan for the current year was approved by the Development Committee on 17 April 2012. This included a range of business support, marketing and promotion and networking initiatives to support local independent traders. A funding allocation of £210,000 was set aside for this work. The majority of this was set aside for development support to help traders’ groups to become operational and to engage in targeted promotional activity. It was intended that the Council’s resources would help lever other funding and that it would be used to create sustainable business associations that would not be wholly reliant on public support.

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2.9 Belfast City Council is currently supporting six existing constituted traders groups (against a baseline of three in the previous year) through Area Campaigns Support as detailed below:

Trader Group Awarded Amount paid to date

Lisburn Road Business Association £40,000 £25,000 Ballyhackamore Business Association £28,705.00 £24,399.25 Strandtown Traders Group £29,565.00 £14,782.50 Ormeau Road Business Association £14,742.00 £8,845.20 Antrim Road Business Association £4,500 plus advisory support £3,825.00 West Belfast Traders £25,170.00 plus advisory support £10,068.00

2.10 All activity and expenditure on the letters of offer to the groups above expire on 31 March 2013. Groups have been encouraged to undertake all elements of their approved projects promptly to ensure full delivery of outputs and maximisation of the full budget.

2.11 Belfast City Council has also supported the establishment of six new groups (against a target of three) as below:

Trader Group Cliftonville Circus Traders. These new groups have Stranmillis Business Association all recently become Castlereagh Business Association constituted. Newtownards Road Traders They are all currently Holywood Arches working with an advisor Finaghy Traders Group (provided by Council) to develop action plans and series of marketing initiatives.

2.12 In addition to the trader group activity, Belfast City Council also supports a range of business development activities – both bespoke activities focused on the independent retail sector and wider support initiatives that independent retailers can avail of. These include flexible mentoring support (2 days’ targeted support to address a specific development need). To date, 20 traders have availed of this support.

2.13 Members are advised that work is now due to commence on developing a new retail plan for 2013/14. A full review of the

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results of the current year’s plan along with a stakeholder engagement and consultation process is required to re-shape the plan in line with current needs. Many of the issues raised by trader groups to date and outlined above will need to be taken into account and it may be that an enhanced budget is required for this work in 2013/14. Members are asked to note that a further report on the new retail plan and process for its completion will be submitted to Committee next month.

3 Resource Implications

3.1 Financial

The Retail Action Plan was approved by the Development Committee 17 April 2012. A funding allocation of £210,000 was set aside at this time.

4 Recommendations

4.1 It is recommended that Members:

- Encourage ongoing engagement by businesses and business groups in the Backin’ Belfast campaign - Consider whether Council wishes to provide any additional financial support to affected groups across the City in advance of the new support plan - Consider how to respond to the two specific requests (from West Belfast Traders’ Forum and Lisburn Road Business Association) - Note that a further report on a new retail support plan for the coming year will be presented to Committee in April.”

The Committee considered the contents of the report, particularly the two specific requests for assistance which had been submitted by the Lisburn Road Business Association and the West Belfast Traders’ Forum. The point was made that, whilst the Council had, at its meeting on 29th January, agreed to accede to a request for assistance from traders in the east of the City, that decision had been taken on an ad hoc basis in recognition of the disproportionate impact which the ‘flags’ protest had had on that part of the City. It was suggested that the further requests for assistance submitted should be considered only within the context of the future Retail Support Plan. Further Members suggested that, in light of the precedent which had been set by the Committee in agreeing to support retail initiatives in East Belfast, it might be prudent, as a one-off gesture, to meet the requests as submitted.

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After further discussion, it was

Moved by The High Sheriff (Councillor Kingston), Seconded by Councillor Hussey,

That the Committee notes the engagement which has been ongoing with the business community as part of the “Backin’ Belfast” campaign. However, it agrees not to provide any additional financial support to affected groups and notes that all further requests will be considered as part of the Council’s new Retail Support Plan, which will be submitted for consideration by the Committee in April.

On a vote by show of hand, ten Members voted for the proposal and nine against and it was declared carried.

Global India Conference

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 At Development Committee of 8 May 2012, Members agreed to support the hosting of the Global India Business Meeting (GIBM) on 23-24 June 2013.

1.2 GIBM is a major international networking event that brings together over 350 chief executives from major Indian companies with their European counterparts to examine the potential for trade and investment between the two regions.

1.3 The GlBM is the foremost annual gathering of Indian business leaders and their global counterparts. The event is to open to CEO’s of the world’s leading companies.

1.4 Horasis the event organiser has a partnership with leading Indian firms and uses this network to connect with other leading companies across the globe. The 2012 Global India event took place in Antwerp, Belgium on 24-25 June. Other cities which have recently hosted the event include Munich, Madrid and Naples.

1.5 As part of the GIBM, Belfast City Council is leading on the development of a wider India week to entice Indian visitors to stay longer as well as engage local communities in Indian culture and business opportunities locally.

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2 Key Issues

2.1 GIBM Whilst Horasis is the organiser of the conference, BCC along with Invest NI (INI) are co hosts. Horasis organises the programme and secures delegates. BCC is in the lead in producing the event locally through event management and directing logistics. BCC is also heavily engaged in inputting to the conference programme, securing local delegates, marketing and communications and organising the opening and closing headline events.

2.2 Additionally BCC is in the lead in developing opportunities for local companies to benefit from the GIBM meeting and in creating tourism and hospitality packages to maximise economic return to Belfast. Along with INI, BCC is also paying attention to potential invite lists and confirmed delegates in order to identify key contacts for bi-lateral programmes to be put in place where appropriate. Through INI’s offices in India, advance contact is being made with a number of companies for lead generation which will be followed up directly during the conference itself to pursue trade and investment opportunities.

2.3 On 12 February, Frank Richter, chairman of Horasis visited Belfast once again for an update with the co hosts (INI and BCC). Since the last update in November 2012, the Europa Hotel has been confirmed for the conference, with the opening ceremony and dinner in the City Hall and the closing dinner in Titanic Belfast.

2.4 In the last 2 months, the programme for GIBM has been revised, sections changed and Belfast has secured a stronger presence on the panels. INI have been working with BCC as co host to identify key businesses that need to be invited to ensure maximum market exposure to India as well as investment from Indian companies. More than 250 CEO’s (mostly from India) have confirmed their attendance. They are from organisations such as Mahindra Satyam (ICT), Wal Mar and Hero Motocorp. The main programme consists of plenary and dialogue sessions addressing a range of topics from India and World Economic Outlook; to ‘India’s Finance Sector – Riding the Next Wave’.

2.5 Indian Union Minister of Commerce and Industry, Mr Anand Sharma has confirmed his attendance. Mr Vijay Bahuguna, Chief Minister of Uttarakhand has also confirmed his attendance. Contact has been made with OFM/DFM to

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secure the attendance of the First and Deputy First Minister at the opening ceremony.

2.6 Horasis have invited Mr Gregory Barker, MP, Minister of State for Energy and Climate Change and Vince Cable Secretary of State for Business, Innovation and Skills to attend and are exploring participation from ROI. BCC officers are exploring the possibility of a European Commissioner attending.

2.7 Wider India Week In addition to the main Global India conference, Belfast has secured a number of additional events which are linked to the GIBM. Organisations such as, the UK Indian Business Council, the Young Presidents Association, European India Chamber of Commerce, and Eurochambers are holding separate meetings in Belfast to tie in with delegates attending the GIBM. This provides BCC with the opportunity to create additional links with important umbrella associations focused on trade and investment in India. BCC is offering event management and organisational support along with identifying ‘open’ sessions where local companies and business groupings can be connected in with their Indian counterparts to promote business opportunities.

2.8 Due to active engagement by BCC, Queen’s University Belfast (QUB) are hosting a seminar entitled ‘A Partnership to promote the Knowledge Economy’ which will take place immediately following the main conference. Its aim is to profile the R&D expertise of QUB and the types of industry support available to International Companies.

2.9 BCC is also leading on developing a wider cultural programme. Officers are engaging with Arts Council, Artseka and Lord Rana, to develop cultural linkages as well as Tourism Ireland and Northern Ireland Tourist Board to develop tourism packages for visitors. Events such as food tasting at St Georges Market, a mini Mela, Bollywood films and a culinary tour of India are being developed.

2.10 Members will be aware that G8 will be held the week before (17-18 June.) Officers are investigating the potential to connect Global India with G8 to maximise profile and further embed international linkages.

2.11 Wider Belfast/India International Strategy As part of developing a wider India Strategy, Officers have been reviewing the Indian market. An Indian Stakeholders Group meeting, was held on 13 February to discuss where

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they engage in India, their experiences and how they see the Council working with them in the Indian Market. The Indian Stakeholders Group comprises, Andras House, Arts Council, Belfast Metropolitan College, Belfast City Airport, Belfast City Centre Management, Belfast Harbour Commissioners, Belfast Visitor and Convention Bureau, Bombardier, British Council NI, European Commission NI, Ministry of Defence, INI Chamber of Commerce, NI Connections, NI Tourist Board, Office of First and Deputy First Minister, Queens University Belfast, Titanic Quarter, Tourism Ireland and the University of Ulster.

2.12 As part of this stakeholder review, officers have been examining where BCC would be best place to maximise investment potential both to Belfast and for Belfast companies exporting to India. Future opportunities include joint outward missions, stronger connections with the local Indian community as well as new sister cities to strengthen Belfast’s profile in market.

2.13 Belfast City Council-potential civic/destination partners INI have offices in Mumbai and New Delhi and are working with officers to identify where Belfast City Council should engage in the market. Officers have also been working with UK Trade and Investment to seek advice.

2.14 To date INI are suggesting Belfast should consider a potential civic linkage with Madhya Pradesh. Madhya Pradesh is India’s growth centre with an emphasis on pharmaceuticals, IT, manufacturing (cars), tourism and food processing. It is located in central India and has a highly skilled workforce.

2.15 Additionally BCC are also being asked to engage with Chennai by QUB as a potential civic linkage. Chennai is host to the world’s largest mobile phone factory (Nokia), Xerox’s Global Innovation/Tech, SYSTIME’s Global Delivery Centre and is a global manufacturing hub for Samsung, LG.

2.16 INI is organising a trade mission to India on 14-19 April. The mission includes Mumbai and New Delhi. They have invited BCC to accompany them to see firsthand, where Belfast should engage in India. Barry Clarke, Regional Director INI for Asia will assist in developing a separate programme for Belfast as will Dr Satish Kumar from Queens University should BCC wish to participate.

2.17 The purpose of the INI mission is to support 25 SMEs secure potential trade deals with Indian businesses in their sector.

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BCC are invited to learn from INI’s in-market experience on how Indian Business Culture operates and also Council will be offering civic support to local entrepreneurs seeking to deliver additional economic return for Belfast. Should BCC decide to participate on this mission it would also provide a key opportunity to promote the GIBM Conference in Belfast and attract more delegates as well as provide a platform to visibly start showcasing Belfast as a destination to the international marketplace of India.

3 Resource Implications

3.1 Since the last update in November 2012, managing the GIBM, the India week and developing intelligence on the Indian market is being developed with staff resource in the European Unit.

3.2 Budget of GIBM The budget of GIBM was agreed at the Committee meeting on 6 November 2012. The total is approximately £160,000 including £30,000 from INI. This includes venue hire/catering, transport and marketing.

3.3 Cost of BCC participation in INI’s trade mission to India for three participants is approximately £6,000. This includes flights, accommodation and subsistence.

5 Recommendations

5.1 Members are asked to;

1. Note the update on GIBM and wider India events and strategy. 2. Consider whether BCC wish to participate in the INI Trade Mission in April 2013. 3. Agree that a further report on potential civic links or sister cities be brought back to Committee at a future date.”

The Committee agreed to partake in the Trade Mission to India and agreed further that it be represented thereat by the Chairman, the Deputy Chairman and the Director, Head of Economic Initiative and International Development (or their nominees).

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Belfast Technical Trade Mission 2013

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Members will be aware that Belfast City Council has been playing a key role in supporting the development of the Creative, Digital and Technology sectors in Belfast, since 2004, through the work of the Economic Development Unit and more recently through the Council’s Super Connected Cities project and the IBM Smarter Cities Initiative.

1.2 Members will also be aware that, at the meeting of the Development Committee, 21 February 2012, a draft Memorandum of Understanding to advance the relationship with the Irish Technology Leadership Group on a permanent basis, was approved.

1.3 The Irish Technology Leadership Group (ITLG) is a group of Irish and Irish American senior executives based in Silicon Valley, California who are active in the global technology industry. They work to promote industry linkages between USA and Ireland through a range of collaborative initiatives including trade visits, award ceremonies and events in both USA and Ireland.

1.4 Members have had initial conversations with INI representatives of some local companies and with Queens University, the University of Ulster, Northern Ireland Science Park and Digital Circle on the possibility of the Council leading a Belfast specific trade mission to the United States. The focus of the mission would be on the digital / technology sector to further support the development of the initiatives outlined above and to help raise the profile of Belfast as an investment location. It is clear from these discussions that an opportunity exists to support Belfast based technology companies in the international marketplace, through participation on a trade mission to the west coast of America in particular.

2 Key Issues

2.1 It is now recommended to Members that Belfast City Council take the lead in scoping out and implementing a trade mission to Silicon Valley and the west coast of America in October 2013 and to gain the support of Invest Northern Ireland and Northern Irish Connections in the delivery of the project.

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2.2 It is proposed that a total of 20 Belfast-based digital and technology companies participate on the mission and will be selected through an open and competitive application process.

2.3 It is proposed that financial support for company participation will be through existing Invest Northern Ireland channels or will be paid directly by the participating company.

2.4 Belfast City Council will help in generating contacts and business leads through our existing networks and those provided through the partner organisations. A showcase and a series of one to one meetings will be organised, in turn providing a unique platform from which local companies can target key businesses and potential clients based in the United States, with the aim of securing new business.

2.5 It is proposed Belfast City Council’s contribution to the trade mission will be up to a maximum of £20,000. It is envisaged these costs will contribute to travel, accommodation, Showcase and meeting facilitation.

2.6 The proposed trade mission will also provide Belfast City Council the opportunity to ‘sell’ the City and a series of civic visits and meetings will be organised to explore future collaborative opportunities. To date, visits to Berkeley, San Francisco and Portland, Oregon have been suggested.

2.7 In order to progress initial discussions and to explore the potential of this project further, it is recommended that Members approve the development of the trade mission to the west coast of America and agree in principle to supporting the mission on the provision of a more detailed plan and itinerary.

5 Recommendations

−−− Note the proposal to develop and implement a trade mission to the west coast of America in partnership with Invest Northern Ireland and Northern Irish Connections, in October 2013. −−− To approve a total budget of £14,750 to support the trade mission.”

The Committee adopted the recommendations and noted that further update reports on the Trade Mission would be submitted in due course.

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Belfast Restaurant Week

The Committee was reminded that the inaugural Belfast Restaurant Week, which had been supported by the Council, the Department of Regional Development, the Northern Ireland Tourist Board and the Northern Ireland Regional Food Programme, had been deemed to be a significant success which had raised the profile of the City. It was reported that the initiative had been nominated for a range of tourism and industry showcase awards in 2013, and that attendance at the ceremonies would afford a valuable opportunity for the Council to promote Belfast Restaurant Week 2013. The events for which the project had been nominated to are set out hereunder:

• The Northern Ireland Food and Drink Awards Ramada Hotel – Friday, 15th March; • The Northern Ireland Tourism Awards - Belfast Waterfront Hall - Thursday 30th May; and • The Licensed and Catering News Awards - Europa Hotel - Friday 7 June.

The Committee agreed that, if shortlisted, the Council would authorise the attendance at the ceremonies of the Chairman and the Deputy Chairman (or their nominees), together with three Members of the Committee who had been instrumental in promoting the event, as well as the Director (or his nominee). It was noted that the cost of attending each event would be in the region of £450.00.

Chairman

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Development Committee

Tuesday, 19th March, 2013

MEETING OF DEVELOPMENT COMMITTEE

Members present: Alderman C. Stalford (Chairman); The High Sheriff (Councillor Kingston); Aldermen Ekin and Stoker; Councillors Austin, Hussey, Keenan, Kelly, Kyle, Mac Giolla Mhin, Mallon, Maskey, McKee, McVeigh, Ó Donnghaile, Ó Muilleoir, Reynolds, Spence and Webb.

In attendance: Mr. J. McGrillen, Director of Development; Ms. S. McCay, Head of Economic Initiatives and International Development; Ms. C. Taggart, Community Services Manager; and Mr. B. Flynn, Democratic Services Officer.

Apology

An apology was reported on behalf of Councillor Hendron.

Declarations of Interest

No declarations of interest were reported.

Council Representation on the West Belfast Partnership Board

The Democratic Services Officer reminded the Committee that, at its meeting on 15th June, 2011, it had agreed to appoint eight Members to represent the Council on the West Belfast Partnership Board, viz., six from Sinn Fein and two from the Social Democratic and Labour Party. Those appointments had reflected the proportional strengths of the parties in the Upper and Lower Falls District Electoral Areas at the Local Government Elections in May, 2011.

It was reported that correspondence had since been received from the Chief Executive of the West Belfast Partnership Board indicating that it had undertaken a review of its governance arrangements. The letter pointed out that the representation on the Board from the Council should have been made up of six Council Members, rather than eight. The Board had therefore requested that the Council amend its representation accordingly.

The Committee agreed to reduce the Council’s representation on the Board from eight to six and, in accordance with the proportional strengths of the parties in the Upper and Lower Falls areas following the Local Government Elections in 2011, agreed that it would be represented by five Members from Sinn Fein and one from the Social Democratic and Labour Party.

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Notice of Motion – City Centre Planning Policy

The Committee was reminded that, at the Council meeting on 4th March, the undernoted notice of motion, which had been moved by Councillor McCarthy and seconded by Councillor Mallon, had been referred to the Committee for consideration:

“This Council notes with interest the Department for Social Development’s publication of the ‘High Street Taskforce Report’ which highlights the adverse impact on city and town centres by what is perceived as an 'imbalanced spatial planning policy’ which high street retailers have stated entices shoppers away from the city and town centres to out-of-centre shopping centres;

It recognises that the Regional Development Strategy (2035), adopted by the NI Executive in 2012, states under SFG3 that Belfast City Centre should be enhanced and that the role of Belfast City Centre as the primary retail location in Northern Ireland should be supported and strengthened;

It notes the advice of the DoE Minister to the planned Public Inquiry into the planning application for a department store, nineteen other retail units and a number of restaurants at Sprucefield outside Lisburn, which would restrict future retail developments there to outlets selling only bulky goods; and endorses the integrated policy approach from DoE, DSD and DRD which will strengthen and protect the position of Belfast City Centre and town centres across the North.”

In the absence of Councillor McCarthy, Councillor Keenan provided an overview of the aims and objectives of the notice of motion. He emphasised the relevance of the motion in light of the Review of Public Administration and the prime opportunity it would present to enhance Belfast’s position as the economic driver for the region.

After discussion, the Committee endorsed the notice of motion as set out.

Outstanding Accounts

In accordance with the Council’s Financial Regulations, the Director sought the Committee’s authority to have a number of outstanding accounts amounting to £5,761.14 written-off, a schedule of which had been submitted for the Committee’s information. He pointed out that all reasonable measures had been undertaken to recover the debts.

The Committee granted the authority sought.

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Belfast Public Bike Hire Scheme

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 The Council secured £698,700 funding in August 2011, towards the provision of a Belfast Public Bike Hire Scheme as part of the Department for Regional Development (DRD) Active Travel Demonstration Projects fund. The development of a Public Bike Hire scheme is identified as a partnership project in Belfast City Council’s Investment Programme 2012-2015. The Council proposes to work in partnership to develop a public bike hire scheme that encourages increased use and facilitates active travel in Belfast.

1.2 An Outline Business Case (OBC) for a Belfast Public Bike Hire scheme was commissioned by the Strategic Investment Board in conjunction with the Department for Regional Development and Belfast City Council and completed in July 2011. The OBC suggests that a public bike hire scheme would be viable for Belfast based on experiences and evidence from other cities. The Outline Business Case estimated the funding will cover the costs of the physical infrastructure for a midsized scheme providing up to 300 bikes and up to 30 docking stations in city centre locations.

1.3 The Council aims to develop a 3 rd generation public bike hire scheme characterised by:

−−− public access bikes situated on public spaces with a standard robust design; −−− a network of docking stations and bikes throughout city centre locations; −−− a self service model; −−− flexible rental periods with tariffs to encourage short term rentals; and −−− a scheme with the potential to expand to other parts of the city.

2 Key Issues

2.1 Geographical coverage of the Public Bike Hire Scheme

Based on the approved funding bid, the first phase of the Belfast Public bike hire scheme will give priority to the core city centre area as designated in the Draft Belfast Metropolitan Area Plan. Based on experience elsewhere docking stations

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should be located no more than 300-500 metres apart at key strategic locations. Belfast City Centre boundary covers 3.611 km 2 and one docking station should cover a buffer area just over 0.1 km 2. It is recommended that consideration is given to extending the coverage to include parts of Titanic Quarter and up to the Queens Quarter area if it can be accommodated within the current funding arrangement. The Council wish to develop a scheme which has the potential to expand to other parts of the city and to cater for city events.

2.2 Siting of Docking stations

Bike Hire Docking Stations need to be located at frequent intervals and placed at strategic locations. It is essential the docking stations are visible, easy to find and should not impede pedestrian or vehicular movements.

2.3 The process to identify suitable sites in Belfast City Centre for the bike hire docking stations is currently underway. A number of criteria have been identified in order to select the most appropriate sites considering the following elements:

−−− Employment clusters / high footfall areas −−− Cultural / tourism destinations −−− Educational destinations −−− Inner city residential areas −−− Public transport nodes / existing cycle infrastructure −−− Available space and ability to meet infrastructure requirements −−− Visibility and accessibility −−− Compliance with disability legislation requirements −−− Aesthetics – ability to fit into the built heritage and public realm.

2.4 The Council will work with the statutory bodies and other land owners to obtain public and private commitment and secure agreements and statutory approvals for use of the land for docking stations and other service requirements. A site locations workshop was held on the 24 th January 2013 with government departments who own land in the city centre such as DRD Roads Service, DSD, NIHE and also involved Planning Service and the universities.

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2.5 Consultation

A stakeholder forum will be set up for the duration of the project and community consultation is also planned. The Council aims to meet the needs of the local communities when delivering the public bike hire scheme in Belfast. The Council will promote opportunities such as training schemes and city events to encourage use of the scheme by local communities particularly in disadvantages areas or with disadvantaged groups.

2.6 Procurement

The OBC recommends an integrated Design, Build, Operate and Maintain (DBOM) contracting approach as the preferred form of delivery for bike hire schemes and is likely to deliver the greatest level of risk transfer; generate the greatest level of interest across experienced scheme operators and deliver greatest value for money. Expressions of Interest are currently being drafted to scope the level of interest for the Design, Build, Operate and Maintain element of the scheme. A further Expression of Interest will be issued to seek the level of interest of companies seeking sponsorship/branding associated with the scheme. In line with Council attributes certain products/services will be excluded such as alcohol and tobacco branding The income generated from sponsorship will contribute to the annual running cost of the scheme.

2.7 Delegated Authority

It is recommended that the Planning and Transport Unit work in liaison with the Project Management Unit of the Property and Project Department who will manage the procurement of design, build, operate and maintain services required to implement the public bike hire scheme and the procurement of potential sponsorship/branding associated with the scheme and the subsequent administration of the contracts..

2.8 The award of funding for the physical infrastructure of the project is time bound and must be drawn down before March 2015. The Council should proceed with the procurement process and appoint the most appropriate operator in Autumn 2013. The Council would envisage that the construction process should proceed in 2014 in order for the scheme to go live by March 2015.

2.9 Committee is therefore requested to approve, from a service perspective, the invitation of tenders, the award of contracts and the implementation of the Belfast Public Bike Scheme.

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2.10 As this project is included in the capital programme and the Investment Programme the decision of the Development Committee will be commended to the SP&R Committee for their consideration and decision from a corporate financial perspective.

3 Resource Implications

3.1 There are resource implications in relation to the future operation and maintenance of the implemented Bike Hire scheme.

4 Recommendations

4.1 It is recommended that Members:

−−− note the update of progress for the Belfast Public Bike Hire Scheme and the proposed coverage of Phase 1; and −−− approve the advancement of the project to tender, award of contracts and implementation and to commend this decision to the SP&R Committee for their consideration and decision from a corporate financial perspective.”

A prolonged discussion ensued in respect of the report. In response to a Member’s question, the Director indicated that the revenue costs associated with the project had, as yet, to be determined. He indicated that a report in this regard would be submitted for consideration in due course once a business model for the had been agreed.

A further Member expressed concern that Phase I of the Scheme had indicated that, in addition to the City Centre, the Queen’s and Titanic Quarters would be incorporated within the initial operating model. He pointed out that such a proposal would be to the detriment of other Quarters of the City, especially those within areas of disadvantage and social need, such as the Gaeltacht Quarter and the North Belfast Cultural Corridor. He suggested that the proposals should have been considered within context of creating connectivity across the City. He added that areas of major employment, such as the Royal Group of Hospitals and the Mater Hospital, should have been incorporated within any plan to extend the Scheme beyond the City Centre.

The Director pointed out that there were limited resources available to oversee the implementation of Phase I of the Scheme and that any proposals to extend its scope beyond what had been suggested would need to be considered as part of the Council’s future Capital Programme. He indicated that the recommendation to extend the Scheme to the Queen’s and Titanic Quarters had been based on an appraisal of the viability of incorporating those two areas and added that this assessment had indicated that there would be sufficient demand to sustain the project. He emphasised that, given that there

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existed an urgency to utilise the funding allocated to establish the Scheme, it would be prudent for the Committee to endorse the proposals, as submitted, and that the matter of extending the Scheme to other areas of the City could be addressed in due course.

After further discussion, it was

Moved by Alderman Ekin, Seconded by Councillor Webb and

Resolved – That the Committee agrees to adopt the recommendation and agrees that a further report be submitted to the Committee’s meeting on 9th April which would outline the potential capital costs associated in extending the scope of the Scheme to include the Gaeltacht Quarter, the North Belfast Cultural Quarter and the Lower Newtownards Roads.

On a vote by show of hands, twelve Members voted for the proposal and six against and it was declared carried.

Transport Issues – Update

The Committee considered a report which provided an update on the proposed road works at the Dee Street Bridge, the Boyne Bridge and further works as part of ‘Belfast on the Move’ project. In addition, the report outlined a range of changes which had been proposed in respect of urban clearway restrictions on the Lisburn, Stranmillis and Malone Roads.

The Committee noted the information provided and agreed that a letter be forwarded to the Department of the Environment’s Road’s Service indicating that, in order to assist in the promotion of the retail sector, it was of the Committee view that urban clearway restrictions should be eased specifically on the Lisburn Road.

Use of Bus Lanes by Taxis

The Committee was advised that the Department for Regional Development had carried out a consultation in 2012 which had explored the viability of all public and private hire taxis being permitted to use designated bus lanes. It was reported that, arising from the exercise, the Department was proposing that all public and private hire taxis would be permitted to utilise bus lanes and that this amendment would be implemented in due course.

The Committee noted the information provided.

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Festivals Forum Action Plan

The Committee considered the contents of a Festivals Forum Action Plan and was advised that the aim of the Action Plan would be to influence and increase the awareness of the contribution which festivals could make to the City.

The Committee endorsed the Action Plan, a copy of which was available on the Council’s Modern.gov website.

European Social Fund - Match Funding Requests

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Members may be aware that European Social Fund (ESF) Priority One provides financial support to promote training and other activities to assist long term unemployed people obtain sustainable employment. Funding is awarded through an open call for projects. Successful applicants are allocated funding on condition that they can provide 35% match funding from another public sector source.

1.2 At the February 2012 meeting of the Development Committee, Members agreed to provide match funding for four European Social Fund projects. Three projects were managed by community-based training providers, namely Stepping Stones; Upper Springfield Development Trust (USDT) and Time Associates while the fourth project was led by Belfast City Council, with Lisburn City Council as a project partner.

1.3 The ESF projects are funded through Department of Employment and Learning (DEL). Match funding must be secured on an annual basis. Requests for match funding for these projects in the financial year 2013-2014 have now been received by Belfast City Council.

1.4 Although the original letters of offer from DEL were issued on the basis of a three year programme, DEL have now written to all project promoters to confirm that they can offer funding to the approved projects for an additional year (2014-2015) should the project promoters wish to take this offer up. Equally, they have confirmed that they are in a position to offer an uplift of 25% in the funding available to interested projects. In both instances, these offers are based on the project being able to draw in the appropriate levels of match funding.

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2 Key Issues

2.1 HARTE

To date, 88 participants have completed the programme gaining a total of 625 Level 2 qualifications in industry recognised fields such as customer care, health and safety, food hygiene, World Host and team leadership. This equates to more than 7 vocational qualifications per participant. In addition, some participants have gone on to ‘next steps’ training on topics such as ‘service of food at a table’ and ‘preparing and serving wines’. These participants have gained a total of 273 additional qualifications in these areas.

2.2 34 participants have obtained employment and 12 are awaiting further interviews or are going through selection process.

2.3 In the coming year, it is planned that there will be 4 HARTE programmes, involving 60 long term unemployed people. Participants will be provided with accredited training and will be given dedicated pre-employment support and mentoring to help them find a job within the relevant field. The project has a target of 24 people into employment in the 2013-2014 financial year.

2.4 In the application made to DEL the estimated total project expenditure for the coming year will be £142,000. European Social Fund (ESF) and the Department for Employment and Learning (DEL) will provide £92,000 of the costs and Lisburn City Council will contribute £15,000. To continue the HARTE programme it is therefore anticipated that a match funding contribution of £25,000 will be required from Belfast City Council. This represents a cost per job to Council of around £1000 per person. In addition, 90% of participants in the programme will acquire a range of transferable skills as a result of their engagement. Given the target group (long-term unemployed, voluntary referrals) this achievement cannot be under-estimated, given that over 60% of participants on current programmes have low or no skills.

2.5 Jobs on the Move

The progress report received from USDT indicates that the project is on course to achieve its targets in terms of engaging with individuals and placing them into employment. 245 individuals engaged with the project to date this year with 23 obtaining employment against targets of 300 individuals engaged with the project and 30 to gain employment.

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2.6 In the coming year, it is planned that the project will work with 300 participants, helping 10% of those find employment. Upper Springfield Development Trust (USDT) also manages the LEMIS contract for west Belfast and an additional 34 clients will be helped into employment through that programme. USDT are also coordinating the work on behalf of the LEMIS providers across the city to place long-term unemployed in vacancies created by Belfast City Council. At present, a number of participants are undertaking work placement and training with the Council as part of a pre- employment programme and five posts have been ring-fenced for individuals from that group (to be recruited following a competitive interview process).

2.7 Other training being undertaken by USDT clients includes SIA training (for security/door staff) as well as tour guiding and forklift licence.

2.8 In addition to provision on-site, USDT also engage in a wide range of outreach activities with hard-to-reach groups. This coming year, they plan to operate outreach clinics in locations such as Upper Andersonstown Community Forum; Glen Community Centre; Conway Education Centre; Suffolk Library and Cloverhill Hostel.

2.9 The total project costs for the USDT programme are £264,170 for the coming year. The organisation is requesting match- funding support of £30,000 from Belfast City Council. The other funding sources are DEL/ESF (£171,704); other DEL match (£17,000) and Job Assist Centre (£45,456).

2.10 East Belfast Mission (EBM) - Jobs4u Project

The progress report received from EBM shows that the project engaged with 152 out of an annual target of 170 (to end January 2013) and the Mission has confirmed that they are likely to reach their target within the current year. The employment outcomes for the year were very positive – 78 full and part-time jobs were supported against a target of 40. Some of this can be attributed to East Belfast Mission’s targeted programmes around the opening of the Skainos Centre and a number of programme participants were able to find employment opportunities within the new development. 25 of the participants gained a total of 62 qualifications from the programme.

2.11 In the coming year, the Jobs4u project will increase its activity levels, with a target of 212 participants registering for support and at least 53 finding employment.

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2.12 The total project costs for the Jobs4u programme are £190,253 for the coming year. The organisation is requesting match- funding support of £12,485 from Belfast City Council. The other funding sources are DEL/ESF (£123,665); other DEL match (£15,312) and East Belfast Mission (£38,791).

2.13 Time Associates/Belfast Metropolitan College – Learn to Earn

The progress report received from the Learn to Earn project shows that the project engaged with 26 participants (annual target 24). Of these, 8 found employment or went into self- employment and the participants amassed a total of 96 qualifications as part of their engagement in the programme. These include exploring enterprise; ILM management and food hygiene certification.

2.14 In the coming year, the project has a target of recruiting 32 participants, 14 of whom will progress into employment or self employment. It is also anticipated that participants will gain a total of 150 additional qualifications as part of the programme.

2.15 The total project costs for the Learn to Earn programme are £85,518 for the coming year. The organisation is requesting match-funding support of £6,000 from Belfast City Council. The other funding sources are DEL/ESF (£55,587); Time Associates (£11,966) and Belfast Metropolitan College (11,966).

2.16 Members will recall that, at the 29 January meeting of Development Committee, the need for strategic-level engagement of statutory partners to gain consensus on the key employability challenges for the city was recognised in order to prioritise and develop activity which will support the city’s economic growth and target those furthest from the labour market. They also acknowledged that one of the most significant challenges was the range of employability-related activity that was under way in the city but that was not necessarily aligned to the key challenges of the current labour market.

2.17 It is anticipated that, as a result of the city-wide engagement, we will work to encourage DEL to take a more targeted approach to the new ESF programmes (from 2014). However, in the interim, it is not possible to move away from their letters of offer with existing projects and therefore the challenge is to avoid duplication where possible and to encourage projects to align to agreed targets.

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2.18 For each of the ESF projects listed above, we are working with partners to ensure that delivery is focusing on the areas of need as identified in our research and to encourage collaboration where possible in order to maximise the impact of the intervention.

2.19 Although DEL has encouraged the projects to seek funding for a further year’s extension (i.e. 2014-2015), we have advised projects that we would not be able to make any commitments for that timeframe, given our annual budgeting cycle. Therefore the existing requests are for financial year 2013/14 only.

3 Resource Implications

3.1 The total match funding requirements for the four projects in the coming financial year are £73,485.

4 Recommendations

4.1 Members are asked to consider the match-funding as set out:

HARTE: £25,000 Jobs on the move: £30,000 Jobs4u: £12,485 Learn2earn: £6,000.”

The Committee adopted the recommendations.

Eurocities Social Affairs Forum

The Director informed the Committee that the annual Eurocities Social Affairs Forum would take place in Katowice, Poland, on a date to be confirmed in April, 2013. He explained that the theme for the event would be ‘Neighbourhood Approaches to Promoting Social Inclusion, Local Activation and Local Initiatives.’ He provided an overview of the keynote speakers, together with the range of topics which would be explored at the various sessions and workshops. He indicated that the conference would provide valuable opportunities for the Council’s representatives to discuss key issues relating to social affairs and emerging European Union funding opportunities.

The Committee agreed, given the content of the forum, that a representative of the Council’s European Working Group (or their nominee) be authorised to attend the event.

Chairman

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Development Committee

Monday, 25th March, 2013

SPECIAL MEETING OF DEVELOPMENT COMMITTEE

Members present: Alderman Stalford (Chairman); The High Sheriff (Councillor Kingston); Aldermen Ekin and Stoker; Councillors Austin, Hendron, Hussey, Keenan, Kelly, Kyle, Mac Giolla Mhin, Maskey, Ó Donnghaile, Ó Muilleoir, Reynolds, Spence and Webb.

Also attended: Councillors Haire and Jones.

In attendance: Mr. J. McGrillen, Director of Development; Ms. C. Taggart, Community Services Manager; and Mr. B. Flynn, Democratic Services Officer.

Apology

Apologies were reported on behalf of Aldermen Humphrey and Rodgers and Councillor Thompson.

Declarations of Interest

No declarations were reported.

Public Consultation on Proposals for the Belfast Community Investment Programme (BCIP)

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 The ‘ Building Better Communities - Belfast Community Investment Programme’ (BCIP) is a joint project between the Council and DSD to create a single £5.4 million strategic community development fund for Belfast. The programme will be directly managed by the council.

1.2 It is expected that BCIP will open for applications from community organisations across the entire city in October 2013 and initially will offer contracts for one year (2014/2015). During this first ‘pilot’ year the approach to the programme will be evaluated and enhanced prior to a new call for funding from 2015 onwards. A number of the contracts from 2015 are likely to be multi-annual.

1.3 The funding pot for BCIP will draw on the budget that will become available when DSD and the Council’s current

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community development grant schemes come to an end in March 2014. These existing schemes include Community Service’s Advice and Information Grant, Capacity Support Grant, Revenue and other small community grants; the Belfast Regeneration Office’s Neighbourhood Renewal funding for community development; and the Voluntary and Community Unit’s Community Investment Fund in Belfast.

1.4 While each of these existing funds broadly support community development activity, they all operate with different approaches, catchment areas, allocation weightings, criteria, application processes, etc. BCIP aims to replace this complexity with a simplified Belfast-wide strategic programme that has new criteria designed to specifically focus on support for community development outcomes for residents and communities.

1.5 Both the Council, through its Community Development strategy, and DSD, through its draft Urban Regeneration and Community Development Framework (which will form the basis of the transfer of urban regeneration and community development responsibilities to councils) recognise the importance of a strong community infrastructure in enabling community, social and economic objectives to be achieved in more sustainable and efficient ways. BCIP is about providing effective grant and developmental support to make sure this infrastructure is in place.

1.6 Members will recall that, at its meeting on 14 January 2013, Development Committee adopted an ‘outcomes framework’ for BCIP that defines the impact that the programme is expected to have in the city. This framework proposes two ‘strategic’ outcomes for community development work: 1. Residents are active and involved; 2. Communities are engaged and influential. And three ‘programme’ outcomes: 3. Community groups are more resilient and thriving; 4. People have access to welcoming and inclusive community space; 5. People have access to services and support.

1.7 With these agreed outcomes in place, officers have been working since February to design new grant streams which can directly support these outcomes. This paper presents the grant programme for Members’ consideration and outlines plans for both a public consultation and an Equality Impact Assessment on the proposals.

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1.8 Members should note that both the Council and DSD committed from the outset of BCIP to engaging fully on the design and implementation of the programme. A ‘pre- consultation’ phase from August 2012 to February 2013 included a series of workshops and other ongoing engagement activities with staff, councillors and the community and voluntary sectors on designing both an outcomes framework and the grant streams for BCIP.

1.9 A large scale engagement event was held for the sector at City Hall on 6 February which attracted over 150 representatives. This was an opportunity to share with the sector the outcomes framework (which Council had endorsed the previous week) and to share initial ideas on grant streams. The event attracted substantial feedback which has greatly informed the draft proposal.

1.10 This commitment to engagement has been time-consuming but has greatly informed the nature of the resulting proposal and has ensured that stakeholders have been involved in all stages to date.

1.11 The draft BCIP proposal is shaped by a number of assumptions and policy considerations:

- It would be based on the council’s definition of community development as described in our new Community Development strategy; - That it would be designed from the outset to contribute to shared community development outcomes; - That we would engage with the sector during each stage of its design; - That it would operate across the entire city Council area and would align with the range of other investments being made in the city; - The programme would be designed and implemented in a fashion that meets the commitments outlined in the ‘Concordat for Relationships between Government and the Voluntary and Community Sector’, particularly in relation to outcomes-based planning and reducing unnecessary bureaucracy; - That it draws on the budget that will become available when DSD and council’s previous community development grant schemes come to an end in Belfast in March 2014 (approx. £5.4 million) and that this existing budget will be maintained under the new programme - As with other transfers under Local Government Reform, the Government will commit adequate resources to ensure that it is cost neutral to the council

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- The programme will begin in April 2014 as a ‘pilot’ for one year until the full implementation of Local Government Reform in 2015 - It would be directly managed by the Council under contract from DSD.

1.12 The resulting proposal document has been shaped by these considerations. It has also been greatly influenced by our engagement with Members and with the community and voluntary sector. It has also been shaped by examining best practice both here in Belfast and in other cities.

1.13 Rather than provide a range of options, the proposal presented today represents what officers have determined to be the ‘best-fit’ design for BCIP based on the pre-consultation work described above. However, this is very much a draft and will be adapted to address any relevant issues or challenges that may be raised during the consultation and EQIA processes.

3 Resource Implications

3.1 Project costs for the development of BCIP are being jointly supported by Development Department and the Department for Social Development. Staff resources in Community Services and in Development Department’s Business Research and Development unit have been realigned to support the new central ‘project office’ and a Council project co-ordinator has been appointed.

3.2 The Council has also provided office space to co-locate this team (which now includes staff from VCU and BRO). Council is also contributing staff support to task and finish groups assigned to deliver aspects of the BCIP project plan.

4 Recommendations

4.1 Members are asked to:

i. Agree the wording of the draft proposal as a suitable basis for consultation with public on BCIP. ii. Agree to officers developing a draft EQIA on the basis of the agreed draft. iii. Agree that a draft EQIA and programme document will be presented at April Development Committee prior to the planned public consultation in May.”

The Community Services Manager provided an overview of the draft proposals and outlined the steps which would be taken as part of the equality impact assessment

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process. She clarified a range of issues arising from the proposals and pointed out that a draft programme document, together with a draft of the proposed Equality Impact Assessment paper, would be submitted for the Committee’s consideration prior to the commencement of the formal consultation process.

The Committee adopted the recommendations.

Chairman

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Health and Environmental Services Committee

Wednesday, 6th March, 2013

MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE

Members present: Councillor McCarthy (Chairman); the High Sheriff (Councillor Kingston); Alderman M. Campbell; and Councillors Austin, M. E. Campbell, Corr, Curran, Garrett, Haire, Hartley, Jones, Keenan, Kyle, McKee, Mullan, O’Neill, Reynolds and Thompson.

In attendance: Mrs. S. Wylie, Director of Health and Environmental Services; Mr. T. Martin, Head of Building Control; Mrs. S. Toland, Head of Environmental Health; Mr. T. Walker, Head of Waste Management; and Mrs. P. Scarborough, Democratic Services Section.

Minutes

The minutes of the meeting of 6th February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March, subject to the amendment of the minute under the heading “Request to Waive Building Regulation Fees for the Installation of Loft Insulation” to provide that a letter be forwarded to the Minister for Enterprise, Trade and Investment in the same terms as that to be forwarded to the Minister for Finance and Personnel.

Declarations of Interest

No declarations of interest were reported.

Directorate

Presentation by arc 21

The Committee was reminded that, at its meeting on 7th November, 2012, it had agreed to receive at a future meeting, to which all Members of Council would be invited, an update from representatives of arc21 on the ongoing process for the procurement of the infrastructure required for the treatment of residual waste. Accordingly, the Chairman welcomed to the meeting Mr. R. Burnett and Mr. C. Shanks, representing arc21, together with Mr. R. Hart and Mr. A. Buroni from Becon Consortium.

Mr. Burnett provided a brief introduction on the forthcoming process in relation to the proposed Mechanical and Biological Treatment and Energy from Waste plants at the

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Hightown Quarry and informed the Committee that the purpose of the presentation was to give prior notification to Members of the proposals in advance of the public consultation exercise which would be carried out over the coming weeks.

Mr. Shanks provided details on the Hightown Project; the planning process to date; the consultation exercise and launch which would take place, together with an exhibition which would be on display in a number of locations in the Antrim, Belfast and Newtownabbey areas, and next steps. It was anticipated that the proposal would be submitted by September to the Planning Service to be considered under Article 31 of the Planning (Northern Ireland) Order 1991, which related to the handling of major planning applications, and would, thereafter, be presented to the Town Planning Committee for consideration. The Council was a statutory consultee in the process, as the proposed facilities would be situated within the Antrim Borough Council area, which bordered on Belfast.

Mr. Burnett and Mr. Shanks then answered a number of questions which had been put to them by the Members in relation to the location of the proposed site; traffic issues and the road and utility infrastructure; actions which had been taken to limit the possibility of air quality impacts and emissions; potential income which might be generated from the process; and measures which had been taken to protect the water table and any impact upon the surrounding hills.

The Chairman thanked the deputation for their presentation and they retired from the meeting.

The Director of Health and Environmental Services reminded the Committee of the Council’s role in relation to the planning process and advised that the environmental statement would be assessed and any comments thereon would be presented to the Committee in advance of being submitted to the Department of the Environment. She confirmed that the public consultation event would be held in the Ramada Encore Hotel on 27th and 28th March and that an email would be issued to Members providing further details in that regard.

The Committee noted the information which had been provided and agreed that a site visit to the proposed site for the facilities, to which Members of the Town Planning Committee would be invited to attend, would be held on a date to be agreed by the Chairman.

Quarterly Financial Report

The Committee considered a report outlining the financial performance of the Health and Environmental Services Department during the third quarter of the year 2012/2013. The Director of Health and Environmental Services Department reported that there had, during that time, been an underspend of £436,000, which had arisen primarily as a result of the receipt of additional income, reduced waste tonnages, reduced fuel costs, vacancies and unfilled posts and delays in the commencement of agreed programmes of work due to the length of time taken for the Police and Community Safety Partnership to be established. In terms of the year-end forecast, she

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stated that an underspend of £650,000 had been predicted for the Department, the main reasons for which were similar to those outlined previously.

She drew the Members’ attention to the two performance indicators which had been included within the report. The first indicator related to procurement compliance which measured the number of times which a valid purchase order had been completed prior to goods or services being ordered. The target which had been set for this indicator was 85%. The Department had achieved a 77% compliance which was an improvement of 2% on the previous quarter. However, the Director explained that, following improved communications and training to relevant staff, the Department had realised an improvement over the previous two months, beyond Quarter 3, during which it had achieved an 86% compliance rate.

The second indicator measured whether goods received into the Council were recorded on the appropriate system immediately upon their receipt, as opposed to waiting until an invoice had been obtained. The target which had been set for that indicator was 65% and the Department had achieved 44% which was an improvement of 7% on the previous quarter. During the past two months, the Department had improved upon that indicator and had achieved a 65% compliance rate .

The Director reminded the Committee that, at its meeting on 5 th December, 2012, it had agreed that the Department would work with Audit, Governance and Risk Services in order to identify ways in which the procurement compliance performance indicators could be improved. That work had now been completed and the Audit, Governance and Risk Services had acknowledged that the Health and Environmental Services Department had taken steps to address non-compliance with the accounts payable procedures and had noted that compliance levels were increasing steadily. She pointed out that the Department would continue to monitor compliance at a Service level, identify any further training needs and ensure that any issues, either system or procedural, arising from the ongoing review of compliance within each Service would be raised with the Corporate Improvement Group. The Strategic Policy and Resources Committee would continue to consider the forecast underspends and the potential use of such under spends, taking into account the overall financial position of the Council.

The Committee noted the information which had been provided and agreed that consideration should be given to prioritising Departmental projects for any under spending arising within the Department and that the matter be raised with the Strategic Policy and Resources Committee.

Outstanding Accounts

(Mr. T. Wallace, Financial Accounting Manager, attended in connection with this item.)

The Director of Health and Environmental Services reminded the Committee that the Department was responsible for the collection of approximately £5,000,000 of fees and charges income, through services provided primarily by the Building Control, Commercial Waste Collection and Waste Disposal services. It was inevitable, therefore, that a small number of customers who had received services should fail to pay for them,

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despite the organisation having implemented rigorously the procedures which were in place for the recovery of such outstanding debt.

She reported that the total amount of irrecoverable debt up to 31st December, 2012, had amounted to £57,843.70, which had been accrued by companies identified as ‘gone away’, that is, moved and no longer traceable; ‘gone into liquidation/administration’ and for which papers had been served upon them; or had been referred to the small claims court and had been issued with a default decree which had affected the customer’s creditworthiness. A schedule of information relating to the debts had been submitted for the Committee’s information.

The Central Transactions Unit had advised the Department that all reasonable steps had been taken to recover the debt and that the Department should now make the necessary arrangements for the debt to be written off. The Legal Services Section was of the view also that it was no longer economically viable to pursue the outstanding amounts. Therefore, in accordance with the Council’s Financial Regulations, the Director recommended that the total outstanding amount of £57,843.70 be written off.

The Director and the Financial Accounting Manager then answered a range of Members’ questions in relation to how vigorously those debtors had been pursued; the checks and balances which were in place in advance of providing credit to customers; the sophistication of the procedures which were in place in terms of credit rating checks; and the provision of credit to companies which had closed down and, subsequently, re- opened. Members requested additional information around the threshold amounts, the situations where debts could or could not be pursued, instances when it would be appropriate to withdraw services from outstanding debtors and guidance around the feasibility of pursuing those debtors.

In response, the Director of Health and Environmental Services undertook to raise those issues with the Director of Finance and Resources with a view to submitting to a future meeting a report providing clarification on the procedures, legislation, parameters and decision-making processes in relation to the management of debt.

The Committee adopted the recommendation and noted the comments of the Director of Health and Environmental Services thereon.

Realignment of the Pest Control, Dog Control, Animal Welfare and Public Health and Housing Sections

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 The Public Health Unit is one of five units within the Department’s Environmental Health Service. It comprises several front line Environmental Health functions including Housing, Pest Control, Dog Control and Animal Welfare. It also delivers the Council’s Home Safety Check scheme and manages the Council’s city wide fuel stamps project.

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1.2 In January of this year the Unit’s Manager indicated he would be retiring at the end of May 2013. This forthcoming change provided an opportunity to review the current structure and reporting lines and the Director therefore tasked the Head of Environmental Health to consider the optimal service delivery model going forward for these functions.

1.3 There are currently several drivers for rationalising elements of front line service delivery. These include the continuing development of a more joined up neighbourhood working approach to align with the needs of area working to improve service delivery, the need to make operational improvements around the customer interface processes within the department and, on a more strategic note, the advent of Local Government Reform, along with the introduction of additional powers such as Community Planning, as well as the transfer of functions.

1.4 Housing, Home Safety and Environmental Protection

It is clear that there are many synergies between the operational work of the Service’s Housing Section and its Environmental Protection Unit (EPU). The Head of Environmental Health has therefore proposed that the Housing and Home Safety functions should be realigned with those functions currently performed by the EPU, such as noise and environmental (for example, air and contaminated land complaints) requests for service. Already a close working relationship exists between and across the Housing and EPU Sections and this proposal will therefore bring many of the core residential focused Environmental Health functions within a single unit.

1.5 Due to the existing service structure this transition would only require a minor change in reporting lines and it is therefore anticipated that the alignment of the Housing unit with EPU would be a relatively smooth operational transition and should be effective from 1 April 2013.

1.6 Pest Control, Dog Control, Animal Welfare and Street Cleansing

Members are already committed to a greater emphasis on Customer Focus and a desire for a more co-ordinated and joined up service delivery on the ground. Already a close working relationship exists between Cleansing Services and the Dog Control Section and many Elected Members associate the two together.

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1.7 The Heads of Environmental Health and Cleansing Services therefore met to discuss the potential transfer, to Cleansing Services, of Dog Control, Pest Control and Animal Welfare and agreed, in principal, a way forward. As there is no increase in cost or head count associated with these changes, Committee approval is not required. However, it is important that the Committee is kept abreast of the impending changes.

1.8 The Heads of Cleansing Services and Environmental Health have briefed the managers, officers and Trade Unions on the proposed changes and a small team of officers from both services has been convened and is taking forward the practical implementation of the changeover. There is an expectation that the new reporting lines will be operational on 1 April 2013 with the relocation of the relevant back office and administrative staff to be completed before the end of May 2013.

1.9 The Director believes that these changes will be a significant step in the continuing review and rationalisation of the work of the department around the priority of providing customer focused services to the community and better area delivery.

2 Key Issues

2.1 The manager of the Environmental Health Service’s Public Health Unit is leaving the Council on 31 May 2013. This provides an opportunity to review the functions of this Unit with a view to rationalising service delivery and aligning services in a more co-ordinated way.

2.2 It is proposed to align the Housing and Home Safety functions along with those functions delivered by the EPU. In practical terms this will involve little more than a change in reporting lines but should assist in the delivery of a more joined up approach.

2.3 The Heads of Cleansing Services and Environmental Health Services have agreed that Dog Control and Pest Control, including Animal Welfare, should transfer to Cleansing Services. Agreed processes have been followed to bring about these changes. A small officer working group has been established to take forward the practical implications of the transition.

2.4 It is proposed to have the reporting lines in place by 1 April 2013 with the relocation of relevant administrative staff completed before the end of May. The relevant staff and Trade

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Unions have been briefed on the changes and will continue to be consulted with as the transfer progresses.

2.5 It is anticipated that the changes will provide a more customer focused approach to service delivery and will be consistent with the aspiration of Local Government Reform.

3 Resource Implications

3.1 There are minimal costs associated with this alignment such as some office associated equipment costs with the move of some staff to Lanyon.

4 Equality and Good Relations Implications

None

5 Recommendation

The Committee is requested to note the contents of the report.”

The Committee adopted the recommendation.

EU Energy Cascade Project

The Director submitted for the Committee’s consideration the undernoted report:

“1 Purpose of Report

1.1 The purpose of this report is to inform the Committee of Belfast City Council’s involvement in the EU CASCADE programme.

2 Background

2.1 Today, 75% of Europe’s population lives in cities and accounts for 80% of our energy consumption. By 2050, 83% of Europeans will be living in cities, according to forecasts by the United Nations. The energy challenges in Europe will, therefore, continue to be located mainly in cities. However, cities – particularly big cities - also offer large energy opportunities for example, potential to increase the energy efficiency of heating and cooling in buildings, the construction of renewable energy installations and district heating systems as well as sustainable transport initiatives.

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3 Key Issues

3.1 CASCADE is an EU-funded project coordinated by EUROCITIES which aims to design and deliver large scale networking and mutual learning actions on local energy leadership among members of the EUROCITIES network. Belfast City Council has been a member of Eurocities since 2002. This project is financed under the Intelligent Energy Europe funding stream and attracts 100% funding.

3.2 The Cascade programme focuses on three thematic areas:

 energy efficiency in buildings & districts;  renewable energy sources & distributed energy generation;  energy in urban transport.

The programme supports cities in delivering the European Union 2020 targets for energy and climate change. The objectives of the project are:

a) To improve and accelerate the implementation of Sustainable Energy Action Plans (SEAPs ) with City Councils; b) To ensure meaningful and sustained learning and sharing of good practices between cities; and c) To promote the position of cities as crucial actors for knowledge transfer within their country.

3.3 The first phase of the project, which involved 18 cities, started in 2011 and was completed in 2012. UK cities involved in the first phase of work included , Birmingham and Gateshead and all have completed successful projects. A call for involvement in the second phase of the project was launched in May 2012 and the Department applied through this competitive programme and was successful and accepted as a learning partner.

3.4 In the partnering process the Council has been twinned with Hamburg, Germany for peer learning but will also have access to the ongoing studies of another 18 European cities participating in the programme. The first stage in the process of learning involves developing a self assessment report, assessing that report against the Cascade benchmark and prioritising those areas for action.

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3.5 The programme aligns to the Council’s corporate objective regarding climate change. Information gained will assist in the development of the corporate commitment to draft a new energy plan and to explore energy funding opportunities for the city. The programme is also aligned with the EU Declaration on Climate Change which Belfast City Council signed in 2009, the EU Green Digital Charter, the EU Reference Framework toolkit and the recent TSB financed Future Cities report. The Council has benefitted from involvement in all of these initiatives at little or no cost to the ratepayer.

It is intended to directly involve Councillors in the peer learning and exchange exercise. The knowledge and experience gained should inform the Council’s energy plans and also influence delivery of the Investment programme. The direct financial value of the involvement in the Cascade programme is likely to be in excess of £10,000. Involvement in the programme will also open up the possibility of and exposure to other funding and learning opportunities.

4 Resource Implications

4.1 Financial

There are no financial costs to the Council associated with involvement in the project. All costs including travel and accommodation will be met by the CASCADE programme. The budget allocated by the EU for the initial partnership visit is 2000 euros.

4.2 Human Resources

There are no Human Resource implications apart from Officer time.

4.3 Asset and Other Implications

Information obtained on technical solutions particularly on renewable energy applications could increase the asset value of buildings on the Council estate.

5 Equality Implications

5.1 There are no equality implications.

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6 Recommendation

6.1 The Committee is requested to:

i. note the Council’s involvement in projects listed at paragraph 3.5 and to agree to further participation of the Council in the CASCADE programme; and

ii. agree that the Chairman and the Director of Health and Environmental Services, or their nominees, participate in an initial EU funded study visit to Hamburg (provisionally late May).”

The Committee adopted the recommendation.

Collective Switching

The Committee considered the undernoted report:

“1 Background

1.1 At its meeting on 3 December 2012, the Council agreed a Notice of Motion that an investigation be conducted exploring possibilities for the introduction of a “collective switching” scheme in Belfast. The Motion was referred to the Health and Environmental Services committee.

1.2 While the motion seeks to stimulate competition to bring down the cost of energy locally, this report also looks briefly at other practical interventions aimed to address fuel poverty. The committee will be aware that the price of energy is only one component of the problem. A range of other factors have to be taken into account alongside the cost of fuel including:

• The income of the household

• The energy efficiency of the building and heating system used and

• The ability of the customer to respond to price and other signals

1.3 In Northern Ireland, DSD has lead responsibility for tackling fuel poverty. It is recognised however that there is need for a more collaborative approach. The current fuel poverty strategy published by DSD in 2011 states:

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‘There are clear links to other government strategies including the Northern Ireland Strategic Energy Framework, the Green New Deal, the Sustainable Energy Initiative, and the forthcoming new Child Poverty Strategy. Closer working, not only between government departments, but between government and the private and voluntary sectors is vital. There is a strong body of evidence that partnership working is the best way to tackle fuel poverty’

1.4 The Council is already involved in various activities to address factors contributing to fuel poverty in Belfast, for example, the Affordable Warmth project. Options to expand such practical interventions are considered within recommendations proposed in this report.

1.5 Finally, the Council received a further Notice of Motion at its meeting on 4 February 2013 proposing that it agrees to establish and lead an anti-poverty task force and an anti- poverty forum. This has been passed to the Development Committee for consideration. There may be opportunity to include a specific strand on Fuel Poverty within the work of such groups should the Council agree to the proposal.

2 Key Issues

2.1 It is estimated that household energy bills in the UK have increased by almost 90% over the past six years. Increased energy costs contribute disproportionately to the level of households in Northern Ireland deemed to suffer from fuel poverty and the more extreme nature of the problem here has been recognised for some time. In 2008 the then Minister for Social Development established a Fuel Poverty Task Force to examine ways of alleviating the problem. Following a recommendation emerging from the Task Force, the Consumer Council, Housing Executive and Bryson Charitable Group initiated a scoping study into the feasibility of an energy brokering scheme in Northern Ireland, whereby social housing landlords would attempt to secure cheaper energy for their tenants (June 2010)

2.2 The UK government has placed a high priority on helping consumers get a better deal on energy bills. The Secretary of State at the Dept. of Energy and Climate Change wrote to local authorities in England last year encouraging them to facilitate energy switching and bulk buying schemes. It is appropriate therefore that the Council explores if similar schemes might operate locally

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2.3 What is collective switching ?

Collective switching is a general description whereby groups of consumers use combined buying power to negotiate discounts for energy supplies such as electricity, oil or gas. A number of alternative switching schemes exist but there are three main approaches.

2.4 Preferred Supplier/Affinity Deals

This is where a council or a housing provider lends public support to a specific energy supply company after an evaluation and tendering process. The council/housing body then works with the identified supplier to promote an agreed energy supply service to its residents or tenants. The residents/tenants are not obliged to switch to the recommended supplier. As part of this arrangement the supply company offers residents special services or benefits and may pay scheme organisers a commission for every household who signs up.

2.5 Brokerage

There are two forms of brokerage arrangements. First, is to broker a deal directly with a utility company on behalf of residents or tenants. Second, is to use the services of a professional broker who negotiates on behalf of an organisation. The success of energy brokering is largely dependent on the amount of energy to be supplied. The greater the volume the better the chance of negotiating a better tariff deal. This type of approach has been used by large housing authorities in Europe and is the arrangement referred to in the Council Notice of Motion

2.6 Bulk or Aggregated Energy Buying groups –

Bulk buying is when a large single purchaser buys energy from the market place in high volumes for a reduced cost. This amounts to the creation of new energy suppliers within the market who either purchase directly from energy producers; or the creation of new companies who use the services of an existing energy supply company.

2.7 Other interventions

There are a number of other means to assist individuals switch energy suppliers in search of better deals. These vary from simple price comparison websites to more

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sophisticated methods to make households aware of the best tariffs available. In GB there are a number of “energy clubs” whereby consumers are facilitated to get better energy deals. One example of such a service, which is free to consumers, is www.moneysavingexpert.com . Energy clubs scan the marketplace for best tariffs and match these against consumer requirements on an ongoing basis, encouraging householders to switch suppliers if better rates become available. Given the limited number of energy providers in Northern Ireland, web based energy savings clubs such as ‘money saving expert’ do not apply here.

2.8 Discussion – Electricity and Gas

Collective switching models have been successfully implemented in Britain and other countries, but there are currently severe constraints to the development of such schemes locally. The main issue concerns the limited number of suppliers here. There are presently only two mains gas domestic suppliers where services are restricted to urban areas, resulting in uptake by some 15% of total households. Electricity supply is shared between four main providers with one company supplying over 90% of the domestic market (2011 figures). There are also specific licensing conditions applied to suppliers which may have to be revised if a competitive switching scheme were to be operated locally.

2.9 As well the different market circumstances in Northern Ireland, it is the view of Legal Services Department that Councils here would not have authority to set up brokering schemes. While Councils have powers to promote efficient use of energy in residential accommodation the Housing Executive is the body empowered to make energy brokering arrangements.

2.10 Options

Preferred Supplier Option

This option has been progressed by some local authorities in GB where the situation is very different to that in NI. Firstly, they are responsible for large housing stocks and public estates including schools etc and can therefore exert a high degree of consumer influence. Secondly, there is a larger number of and hence greater competition amongst energy suppliers who are therefore more willing to engage. Thirdly, Powers of Wellbeing delegated to GB Local Authorities provide a legal basis for direct Council involvement.

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2.11 The Housing Executive, which has responsibility for some 90,000 dwellings, tendered last year for expressions of interest amongst local electricity suppliers with a view to negotiating a preferred tariff for their tenants. This exercise did not attract any interest from suppliers. The tender however coincided with a decision by Power NI (the main electricity supplier) to reduce its domestic tariffs significantly. As the dominant supplier, the decision by Power NI has exerted pressure on other companies to remain competitive and may have reduced margins and price differences between local suppliers.

2.12 The Housing Executive proposes to repeat its tender exercise this year as a means of stimulating competition amongst electricity suppliers. It is important to note that the local licensing arrangement with Power NI does not permit preferential rates to be offered to discreet domestic client groups.

It is not therefore considered feasible for the Council to become directly involved in seeking preferred suppliers to offer discounted rates for Belfast residents. The Council may wish to encourage the Housing Executive to continue to seek better tariff for social housing tenants via further potential tendering exercises.

2.13 Brokerage Option

In view of the experience of market intervention attempts by the Housing Executive it is unlikely that either directly administered or out-sourced energy brokering for Belfast households would succeed.

2.14 Bulk Buying option

This option requires huge economies of scale and could only be progressed on a regional basis. It is not considered a practical option for Belfast.

2.15 Home Heating Oil

Oil is the dominant domestic heating fuel in Northern Ireland used in 70% of dwellings, reflecting the current restricted availability of natural gas outside urban areas. The supply of home heating oil is not regulated and there are an estimated 300 heating oil distributors. Although heating oil prices vary regionally, the competition between distributors is intense.

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2.16 The high outlay involved when re-filling domestic oil tanks is recognised as a major problem for low income households for whom a single oil purchase may amount to more than a month’s disposable income. It is estimated that less than 25% of companies offer any form of budget plan. Families experiencing fuel poverty may, therefore, be reliant on purchases of small quantities of fuel at inflated prices, which further increases expenditure relative to income. In spring 2011, fuel oil bought in 20 litre containers cost 75p per litre, as compared to 60p per litre paid for a bulk purchase, a difference of 25%

2.17 The Council has sought to provide help in these circumstances and has operated an oil savings stamps scheme since 2009 as a means to help households budget for heating oil purchase. 34 Oil companies in Belfast participate in the scheme and the value of stamps purchased currently amounts to, on average, around £24k per month

2.18 The Community and Voluntary sector has recently become involved in providing additional locally organised initiatives such as Buying Groups which seek to negotiate discounts from suppliers. In practice, this involves checking oil requirements amongst their members on a monthly basis and then offering this ‘collective order’ to the supplier who offers most discount

3.0 Conclusion.

It is concluded that the Council does not currently have legal authority to instigate a collective switching scheme for Belfast residents. Moreover, any such intervention is unlikely to succeed given current local market circumstances.

3.2 The Council does however continue to provide other practical measures to address Fuel Poverty from the distribution of winter warmer packs to the administration of the Fuel Stamps savings scheme. The committee has been kept informed of Council participation in the DSD funded Fuel Poverty pilot scheme and most recently (Feb 13) has sought to stimulate improved energy efficiency by agreeing to write to DFP recommending that the requirement for Building Control approval to install roof-space insulation be removed.

3.3 There may however be further practical interventions which the Council could apply locally. Proposals within the NI Fuel Poverty Strategy seek to combine a primary focus on energy

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efficiency and vulnerable households, with an ambition to building partnerships at cross-departmental, voluntary sector and Council levels. The strategy identifies 4 key areas for action to tackle fuel poverty:

i. Targeting of Resources

ii. Improving Energy Efficiency

iii. Achieving Affordable Energy

iv. Building Strong Partnerships

3.4 The strategy was endorsed by the Council although it did question the practicality of suggestions regarding brokering or switching schemes in NI. While energy switching schemes may contribute towards achieving Affordable Energy, Council intervention may be better directed towards the other 3 key areas. Concentration on these elements would reflect current “joined up” approaches taken by the Council such as the Belfast Strategic Partnership, the Investment Programme, and emerging Area Based/Community planning activities.

Potential for further Council interventions

3.5 (i) Enhanced home heating oil scheme

There is recent evidence of successful schemes run by local Community and Voluntary sector groups to negotiate with heating oil suppliers on behalf of members. The council may wish to investigate exploitation of its oil stamps savings scheme along similar lines. Although the oil stamps scheme provides flexibility, permitting savers to purchase from over 30 local oil suppliers, the Council may wish to explore if a company would be willing to offer discount for purchases made by those who use the Council’s scheme. It is emphasised that a legal position on this option would require to be established

3.6 (ii) Raising Awareness

There are challenges related to the reluctance of some households (often those most vulnerable) to investigate better tariffs or to apply for assistance aimed to alleviate fuel poverty. Consumers may be able to find better tariffs as competition within electricity and gas markets intensify and Belfast householders should be encouraged to “shop around”. The council has a range of audiences and

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communications mechanisms which could be used to channel information on

• Comparative energy prices

• Benefits entitlement

• Grants available

• Budgeting schemes (savings stamps

• General energy efficiency advice

3.7 (iii) Area based interventions

There is increasing interest in area-based approaches to tackling fuel poverty, founded on successful interventions by Councils in GB. Pilot exercises carried out in NI, including the Belfast Warm Homes zones project, have also provided useful learning. Measures to improve energy efficiency in homes are considered a tangible and effective way of addressing fuel poverty while also contributing to government targets to reduce CO2 emissions. Such exercises have also the potential to link to local community plans where partnerships could be used to help determine priorities and shape scheme delivery. The Council may wish to explore expanding delivery of area based projects assuming support from responsible government departments.

3.8 (iv) Co-operative working

There may be opportunities to enhance Council activity to address fuel poverty through greater integration of approach, both internally and externally. Internally, Environmental Health and Building Control staff have been most closely involved with fuel poverty activities and consideration might be given to more direct and integrated intervention with other departments. For example, using the learning from the Affordable Homes pilot and reflecting best practice in area based approaches such as the Kirklees model, the Council may wish to explore home visits in selected areas. The Kirklees initiative involved the provision of a “one stop” service covering more than energy efficiency advice and included help with benefits entitlement and links to other Council provided services such as luncheon clubs, home safety checks, support schemes for the elderly etc

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3.9 Externally, there are a large number of organisations whose remit, directly or indirectly, impacts on fuel poverty. The Council already co-operates in statutory and community based partnerships but there may be opportunity to explore enhanced joint working or service delivery. The Housing Executive, Consumer Council, Bryson Charitable Group and the National Energy Agency are but some of the organisations currently working in Belfast in this field. There is also a host of local initiatives aimed at improving energy efficiency, for example, there are 15 current measures administered as part of the NI Sustainable Energy policy available to certain domestic households.

3.10 It is considered extremely important that the Council explores opportunities to lever external funding through collaborative work allied to government priorities for energy efficiency and Climate Change – which will have an important contribution to alleviating fuel poverty in the city. Work to install new energy technologies in public sector housing is currently being piloted by the Housing Executive. Similar pilot work on an area basis and co-ordinated by the Council may attract public and private sector funding.

3.11 (v) Lobbying

BCC is a signatory of the Fuel Poverty Charter (2011) created by the Fuel Poverty Coalition which aims to engage action by the NI Executive. The Council will wish to continue to avail of opportunities to meet with relevant Ministers to ensure that every practical measure to alleviate fuel poverty in the city is taken.

3 Resource Implications

3.1 Financial – None.

3.2 Human Resources - Officer time for a limited period if further work agreed.

3.3 Asset and Other Implications – None.

4 Equality and Good Relations Implications

4.1 Equality and Good Relations implications associated with this paper will be concluded if appropriate.

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5 Recommendations

5.1 The Committee is asked to agree that a Council initiated collective switching scheme is not feasible locally and is not progressed at this time

5.2 The Committee is also asked to consider whether it would wish to establish a short term (6 months) officer led task and finish group to develop an appropriate Council fuel poverty work plan based on further exploration of the suggestions contained within this report.”

The Committee adopted the recommendations and agreed that an officer-led task and finish group be established in order to develop an appropriate Council fuel poverty work plan.

Building Control

Land and Property Services and Belfast City Council Vacant Rating Project

The Head of Building Control reminded the Committee of the work which was ongoing with the Land and Property Services Agency in relation to the provision of information to that organisation regarding the rating of vacant premises. He reported that the purpose of the project had been to verify the occupational status of a property and to collect information to enable an appropriate rate bill to be issued against the premises and to ensure that the Agency was in possession of accurate and timely data. However, whilst efforts had been made by the Service to provide sufficient information to enable the issue of accurate bills, it was unable to inform Members fully of the actual figures in terms of benefits to the Council associated with this project as the necessary information in relation to the amounts of additional funds which were credited to the Council, the accurate percentage of those monies collected and percentage of those credited monies not paid and therefore clawed back from Council rates dividends had not been forthcoming from the Agency.

After discussion, the Committee granted approval for the Building Control Service to continue with the project; for the continued engagement with the Land and Property Services Agency in relation to quality and performance issues; and agreed that letters be forwarded to that Agency and to the Minister for Finance and Personnel seeking clarification on the financial success of the project including, where possible, the monies which had been realised over the period of the vacant rating exercise.

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Provision of Building Control Archives On-line Search Engine

The Head of Building Control submitted for the Committee’s consideration the undernoted report:

“1 Relevant Background Information

1.1 At the Committee meeting on 3rd October, Councillor Hartley requested that a report be brought to a future Committee outlining the potential of placing the current Building Control Plan Archives online and detailing the associated costs.

1.2 The Building Control Archive is a unique reference facility holding detailed drawings and information of buildings constructed in the Belfast City Council area dating from 1861 to the present day. There are currently nearly 500,000 plans and associated documents which were previously held in the basement of the City Hall but are now located in a private storage facility in the city. Additionally we have the drawings from 1979 on microfiche and digitised in computer interface from 2004.

1.3 The records are accessed by geographers, social historians and genealogists in addition to practising architects who are impressed by the wealth of information. Some have also expressed the view that the archive itself should be better publicised. It is accessed by approximately 125-150 people a year with other 100 written requests for information.

1.4 The system currently operates in the following way :

 a person contacts the Service wishing to view drawings,  if the drawings are of an existing property we ask for written consent from the current owner that they will permit access,  the archivist checks we have the drawings in storage  they are contacted with a time to view the drawings with the archivist, and  they can get copies of the drawings for a charge.

1.5 The request from Cllr Hartley is to see if this facility can be put online to attract a wider audience and possibly generate income.

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1.6 The Service engaged with aetopis, a company based in the Titanic Quarter who prepare digital media architecture, to see how we might put the archives online. This company works with a variety of organisations across Northern Ireland and in fact archives the Council’s Communication photo records.

1.7 The preferable method of delivering this facility is to place the actual drawings into the system so they could be viewed on- line. Whilst this is the most user-friendly, the cost of this, due to the number of drawings, would be immense. We also have no way of ascertaining which drawings, other than major buildings such as churches, schools, assembly buildings etc. used for research purposes, would be likely to be accessed. To attempt to put the full drawing archive online would be an expensive and time consuming task and it would be doubtful if the usage would offset any significant level of costs.

1.8 It was decided after research into the costings that the best way to approach this would be by putting the Search engine online and accessing the drawings manually as described above.

1.9 aetopis has developed a report that sets out the mechanism and associated costs for such an online project.

2 Key Issues

2.1 The Building Control Plan archive, whilst it is by definition a public archive, remains under the Council’s control as we require it for our administrave purposes.

2.2 Whilst it is used by the public, putting the archive online and publicising it would increase its use.

2.3 If the Council were to do this, it would need to ensure there are no Data Protection Act or any other legal impediments

2.4 There is currently no budget for this project so it would need factored into a subsequent budget, be part of a bid if there were underspends in 13/14, or a bid would need to be made to organisations such as the Hertitage and Lottery Fund

2.5 There would be cost implications for the Council in carrying out this process, although a small amount of revenue might be generated. The costs would also have to be considered against the Council’s statutory obligations under the Freedom of Information Act and Environmental Information Regulations.

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2.6 The costs of offering paper copies, either colour or black & white would be as agreed at the Council’s schedule of rates as determined at the October 2012 Committee.

2.7 In dealing with this project we would have to fully engage the Council’s Records Manager and Legal Services Manager as the provision and supply of information to the public is governed by complex, diverse and sometimes conflicting legislation.

2.8 If this is to proceed, the Department would, of course, liaise with the Parks and Leisure Department which carried out a similar, although less complicated, exercise.

3 Resource Implications

3.1 Financial

The cost of putting the Search Engine online is £30,000 installation cost with a £5,000 per annum support cost. In addition there would be a host and storage cost of £200 per month.

3.2 As the cost is likely to be in excess of £30,000, it is highly probable that a tendering exercise would be required to be undertaken for the procurement of this service.

3.3 There is currently no provision for this service within the 2013/14 Revenue Estimates which have been agreed by the Council. As such, if this project is to proceed, consideration will need to be given to how it will be funded.

3.4 Human Resources

None.

3.5 Asset and Other Implications

None.

4 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues.

5 Recommendation

5.1 The Committee is requested to note the report on the issues involved in putting the Building Control Archive online, and to

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decide whether the Service should progress work on such a scheme given there is no financial provision for this project.”

After discussion, the Committee noted the information which had been provided and agreed that the Building Control Service would undertake further work in relation to the development of the scheme.

Waste Management

Proposed Residual Waste Treatment Options from 2013/2014 Onwards

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 Reducing Landfill -Targets

The EC Landfill Directive (1999/31/EU) requires Member States to reduce the amount of biodegradable waste sent to landfill within target limits up to 2020. These requirements are reflected in the Northern Ireland Landfill Allowance Scheme (NILAS) regulations introduced by the DOE. This sets annually decreasing NILAS allowances available to councils each year. For Belfast, the allowances reduce from 48,123 tonnes in 2012/13 to 45,652 tonnes in 2013/14. Belfast is likely to exceed this allowance next year unless further action is taken to divert more away from landfill.

1.2 There is also a provision within the scheme to fine councils up to £150/tonne for exceeding allowances, however there is also provision for sharing allowances among the arc21 Group.

1.3 Increasing Recycling – Targets

The EU has also set targets for Member States to increase recycling levels. The Council has agreed a plan to achieve 50% recycling by 2015. The Council’s current recycling rate is 34%. Therefore radical measures, as reflected in the Zero Waste Action Plan, need to be taken over the next two years.

1.4 Temporary Landfill Diversion/ Material Recovery Measures

The Committee previously agreed to a short term contract being put in place for the last three months of this current financial year (Jan, Feb, Mar) to divert residual waste from black bins to a processing facility operated by NWP Recycling Ltd. In this process material from the black bins

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are sorted to recover those that can be recycled and much of the remaining material is converted into a fuel.

1.5 This short-term diversion contract was let on the basis of a three month contract with an option to extend on a six monthly basis thereafter.

1.6 Over the course of a year, this short term contract is likely to be successful in:

• Increasing the city’s recycling rate by around 5% per year is possible • meeting legislative obligations relating to landfill restrictions, • protecting the Council’s reputation, • reducing the prospect of fines being levied, • demonstrating ‘best endeavours ’ and • applying the waste hierarchy.

1.7 Notwithstanding this contract, the Council is still sending a small proportion of waste to the existing arc21-procured landfill site.

1.8 Residual Waste Treatment Procurement Process

The Committee has been kept appraised of the arc21 driven procurement process in respect of the delivery of a Mechanical Biological Treatment Plant (MBT) and an energy form Waste Plant, designed to deal with residual waste. This project was originally due to start with an interim short term waste treatment arrangement in April 2013. However there have been a series of delays in the process which has then meant that Belfast and a number of other arc21 councils are in the position that they individually will be exceeding landfill allowances and falling down on recycling targets.

1.9 At this stage, the arc21 Residual Waste Treatment Project (RWTP) has not yet been awarded and this is not now expected to be completed before autumn 2013.

1.10 Landfill Contract

As arc21 recognised that they were not going to be in a position to provide short-term measures under the RWTP contract from April 2013 onwards, they commenced a tender exercise for municipal waste landfill disposal contracts for a 12 month period, extendable by a further 6 months on a lot- by-lot basis coinciding with relevant constituent councils.

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1.11 Given the value of these contracts, this exercise was completed in accordance with European Union (EU) procurement rules. It is worth noting that the relative gate fee for each Council will reduce from that currently being paid. The contracts were approved by the arc21 Joint Committee at their regular February meeting. In Belfast’s case, Alpha Resources Ltd submitted the best price with a new gate fee for 2013/14 for the Council’s residual waste of £9.90 per tonne (current cost £16.31 per tonne (including haulage). However it should also be noted that landfill tax will also increase by £8 tonne up to £72.

1.12 Should the Committee agree to extend the current short term diversion contract, the costs are set at the same overall cost of landfill (including gate fee and haulage). Therefore, there would be no additional cost to the Councils and it could significantly increase its recycling rate and obviate the need to rely on NILAs transfers.

2 Key Issues

2.1 2013/2014

The case for the Council choosing a way forward is similar to last year’s; the Council again has two options – it can extend the existing arrangement with NWP for the treatment and disposal of LACMW or it can draw upon the arc21-procured landfill solution for 2013/14.

2.2 If Belfast should select to extend the contract, it will achieve NILAS and contribute 5% or more towards the recycling target of 45% set within the Council’s ‘Towards Zero Waste ’ Action Plan for 2013/14. This is in line with the Department of the Environment, Food & Rural Affairs (DEFRA) ‘Guidance on Applying the Waste Hierarchy ’, which was issued in 2011 and states that waste solutions should be progressively moving waste up the hierarchy away from landfill.

2.3 Should the Council select the landfill option only, the Action Plan recycling target for 2013/14 and beyond will not be met and Belfast will have to rely upon unused NILAS allowances from other arc21 councils being transferred to it in order for the Council to meet NILAS. As stated in last year’s report, there may be a reputational issue associated with this option. Also, as the availability of NILAS allowances decreases each year there is a prospect that there may not be sufficient allowances available within the region to

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transfer to Belfast, thereby leaving both Belfast and the region at risk of missing the NILAS target for 2013/14.

2.4 Longer Term

Longer-term, should there be any unforeseen issues with the arc21 RWTP or it is delayed further, the Council may be exposed if it does not consider some further contingency arrangements.

2.5 The Service is therefore also requesting approval from the Committee to commence a further EU procurement exercise to put in place a contract for the treatment and disposal of the Council’s residual waste from 2014/15 for a one-year period, extendable on a rolling six-monthly basis thereafter for up to a further three years in order to provide some additional contingency. This tender exercise would only be awarded if there were further delays with the award of the RWTP. This procurement will be based on the premise that it will only be implemented in the event of the arc21 RWTP contract being delayed.

2.6 The contract will be awarded to the most economically advantageous tender. As this tendering exercise will be above EU thresholds, a report will be presented to Committee, should it be concluded that it is required as a contingency in the event of the arc21 RWTP tender being further delayed.

2.7 Under the present conditions, the Committee is recommended to (i) extend the existing NWP contract for 2013/14 (ii) accept the arc21-procured landfill contract and (iii) commence a further EU procurement exercise to treat and dispose of the Council’s residual waste from 2014/15 for a one-year period, extendable on a rolling six-monthly basis thereafter for up to a further three years.

3 Resource Implications

3.1 Financial

The proposed extension of the NWP contract to treat the Council’s black bin residual waste in 2013/14 will not exceed the cost of landfill and is therefore within the current residual waste budget.

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3.2 Human Resources

There are no Human Resource implications associated with this report.

3.3 Asset and Other Implications

Within the arc21 landfill contract there is no Minimum Guaranteed Tonnage (MGT) clause.

4 Equality and Good Relations Considerations

4.1 There are no Equality or Good Relations issues associated with this report.

5 Recommendations

The Committee is requested to:

1. approve the extension of the existing NWP contract for 2013/2014;

2. accept the arc21-procured landfill contract for Belfast’s lot which was won by Alpha Resources Ltd; and

3. commence a further EU procurement exercise to treat and dispose of the Council’s residual waste from 2014/15 for a one-year period, extendable on a rolling six-monthly basis thereafter for up to a further three years as a contingency should the arc21 RWTP tender be further delayed.”

The Committee adopted the recommendations.

Tender for the Provision of a Haulage Contract for the Collection of Skips and Hook-Lift Waste Containers

The Committee granted approval for the commencement of a European Union tendering exercise and delegated authority to the Director of Health and Environmental Services, in accordance with the Scheme of Delegation, to accept the most economically advantageous tender received in respect of the provision of a haulage contract, in two separate lots, for the collection of skips and hook-lift waste containers from the Household Recycling Centres, the Civic Amenity Site, the Waste Transfer Station and the Parks and Cleansing Services depots.

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The Committee noted that the contract period would be for an initial three years, with an option for the renewal, on a yearly basis thereafter, for a further two years, subject to satisfactory performance.

WRAP Hospitality and Food Service Agreement

The Head of Waste Management submitted for the Committee’s consideration the undernoted report:

“1 Relevant Background Information

1.1 Members may recall that in November, as part of the European Week of Waste Reduction (EWWR), the Council launched the ‘Bring Home ’ Box as a means of reducing food waste to landfill. This complements both Section 4 of the ‘Towards Zero Waste ’ Action Plan – to develop new recycling campaigns and community based initiatives and Section 8 to extend business recycling services. To date, twenty-two businesses in Belfast are taking part in the scheme.

1.2 Following the emphasis of reducing food waste during EWWR, WRAP (UK) have launched the Hospitality and Food Service Agreement, a voluntary agreement to support the sector in working together to reduce food waste and packaging waste and also to increase recycling rates. The Agreement is flexible to allow any size of organisation to sign up, from multi- nationals to small businesses to wholesalers to trade bodies.

1.3 Essential to the success of the Agreement will be the establishment of a UK-wide supporters group giving organisations the opportunity to demonstrate their support through a public commitment to help deliver the targets

1.4 There is great synergy between the Council’s ‘Bring Home ’ Box scheme and WRAP’s Hospitality and Food Waste Agreement. The opportunity exists to pool resources, working in partnership to promote both schemes and, ultimately, to increase recycling rates and reduce food waste to landfill in Belfast.

2 Key Issues

2.1 Having reviewed the work which WRAP is doing with the Hospitality and Food Service’s Sector, the Waste Management Service would like to propose officially supporting this initiative. This will involve actively encouraging staff, partner organisations, members, suppliers and residents to waste less

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food and associated packaging; and reusing and recycling packaging and food waste more frequently.

2.2 The way this support would be demonstrated is by the Council

• making a public pledge to support restaurants in their effort to reduce food waste to landfill through provision of our ‘Bring Home ’ Boxes and the supporting resources, • measuring progress against the pledge by recording the number of restaurants signed up to and participating in the initiative and • reporting this annually to WRAP.

2.3 The Council is also rolling out and promoting its commercial food waste collection service over the next few months.

2.4 WRAP will then use this information to identify good practice within the hospitality and food service sector and then share this across the UK. WRAP have produced a number of fact sheets and support documents for the sector.

2.5 In return, WRAP will showcase our ‘Bring Home ’ Box as an example of good practice and will promote the initiative to the Belfast food sector.

3 Resource Implications

3.1 Financial

A commitment to supporting the work of WRAP for this initiative for the Hospitality and Food Service Sector does not require a financial contribution.

3.2 Human Resources

None.

3.3 Asset and Other Implications

None

4 Recommendation

4.1 The Committee is requested to agree that the Council should be registered as an official supporter of WRAP’s Hospitality and Food Sector Agreement.”

After discussion, the Committee adopted the recommendation.

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Chartered Institute of Wastes Management National Conference

The Head of Waste Management informed the Committee that the Chartered Institution of Wastes Management, in association with the Environmental Services Association, would be holding its annual Conference and Exhibition in the Royal College of Surgeons in from 11th until 12th June. He indicated that the Conference fee for Affiliate Members was £274.45, although there would be a discount applicable for early bookings.

Accordingly, he recommended that the Chairman, the Deputy Chairman, the Director of Health and Environmental Services and the Head of Waste Management (or their nominees) be authorised to attend the Conference.

The Committee adopted the recommendation.

Environmental Health

Dog Kennelling Arrangements

The Head of Environmental Health submitted, for the Committee’s consideration, the undernoted report:

“1 Relevant Background Information

1.1 The Council’s Dog Wardens are responsible for the delivery of most of the Council’s statutory obligations as they relate to Dog Control. They seize upwards of 1,000 stray dogs per year and, although they always seek to return the dog to its owner, it is still necessary for the majority of them to be kennelled pending them being reclaimed.

1.2 Under the Dogs (NI) Order 1983, as amended, the Council is required to provide dog pounds or make arrangements for the use of kennels by the Council as may be agreed. In compliance with this requirement, the Council currently has a Service Level Agreement (SLA) with Carrickfergus Borough Council (CBC) in relation to the provision of dog kennelling facilities and related services at CBC’s facility at Marshallstown Road, Carrickfergus.

1.3 The SLA was signed by the Director of Health and Environmental Services on 28 September 2010. It agreed that the Council would pay an annual fee of £65,000, and all additional charges in relation to impounded dogs. In September 2012 officers from the Council met with officers from CBC who indicated that they would probably need to employ additional staff at their kennelling facility due to the number of dogs being kennelled by Belfast City Council and, as such, a total of £80,000 was put in to BCC’s estimates for

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stray dog kennelling at Carrickfergus dog pound for 2013- 2014.

1.4 On 6 February 2013 the Director of Health and Environmental Services received a letter from the Chief Executive of CBC, Ms Sheila McClelland. Ms McClelland confirmed that they would require an additional 2 part-time staff for their Dog Pound and that this would lead to a substantial increase in the expected running costs in 2013-2014.

1.5 She indicated that the running costs for the facility were anticipated to be in the region of £178,000 in the next financial year and that BCC’s strays made up around 85% of the dogs occupying the facility. She estimated therefore that the Council would need to make a contribution of around £148,000 in order for the Dog Pound to remain viable. Ms McClelland also indicated that she would appreciate an indication of the Council’s intention in this regard by the end of February.

1.6 The Director of Health and Environmental Services replied to Ms McClelland on 11 February 2013, and expressed surprise at the proposed increase and pointed out that the estimates had already been set for 2013/14. The Director indicated that, going forward, the Council would probably need to tender for this service but, ultimately, it was a matter for the Council’s Health and Environmental Services Committee. She therefore confirmed that she would bring a report to the March Committee with an expectation that there would be a formal Council position after its meeting on 3 April 2013.

1.7 The Director also muted the possibility of discussions with CBC with regard to a joint approach if they were also likely to tender for their own kennelling service.

2 Key Issues

2.1 The Council has a SLA with CBC for the kennelling of stray dogs. The SLA currently requires the Council to pay an annual fee of £65,000 and this has been effective since September 2010.

2.2 CBC has now indicated that the Council’s charges will need to increase to approximately £148,000 per annum. However, following discussions with CBC staff in September 2012, only £80,000 was put into the Council’s estimates for 2013-2014 for the kennelling of stray dogs.

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2.3 In light of the proposed additional charge it is likely that the Council will need to tender for the provision of kennelling facilities which would require Committee approval.

2.4 A tendering exercise, either as a single council or in association with CBC, would allow the Council the opportunity to test the market for delivery of this type of service and also determine the availability of facilities capable of meeting the Council’s requirements in this regard.

2.5 The SLA with CBC can be terminated by mutual agreement or by either party giving at least six months’ written notice.

3 Resource Implications

3.1 If the Committee were to continue with the current arrangements with CBC for the kennelling of stray dogs, it will involve an annual increase of £83,000. The estimates for 2013- 2014 had allowed for a £15,000 increase thus leaving a shortfall of £68,000.

4 Equality and Good Relations Implications

None

5 Recommendation

5.1 It is recommended that the Committee:

• agrees to the initiation of a tendering exercise for the delivery of a kennelling service for the Council’s stray dogs (either on its own or with CBC) and

• authorises the Director of Health and Environmental Services to exercise her authority under the Scheme of Delegation to award the contract to the most economically advantageous tender.”

After discussion, the Committee adopted the recommendations and requested that consideration be given, in future arrangements, for a stipulation to be included which encouraged the provider to support re-homing for dogs. The Committee noted that discussions would take place with the Council’s Corporate Communications Section regarding the possibility of promoting within the City Matters publication the re-homing of stray dogs and highlighting online the importance of animal charity re-homing websites.

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Tenancy Deposit Scheme Regulations (Northern Ireland) 2012

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 The Department for Social Development has introduced the Tenancy Deposit Scheme Regulations (NI) 2012 which will become operational on 1 April 2013.

1.2 The introduction of tenancy deposit schemes for the first time in Northern Ireland is seen as a positive step in the regulation of the private rental sector. It will provide benefits for both landlords and tenants by encouraging a more professional approach to tenancy deposit practice, minimise disputes and will go some way towards improving the sector’s reputation.

1.3 The Department has appointed four scheme administrators to establish and maintain two types of approved schemes, custodial and insurance, with effect from 1 April 2013. They are currently updating their websites and putting measures in place to publicise their Northern Ireland schemes, their organisation details and their role.

1.4 The four organisations are : -

1. My Deposits http://www.mydeposits.co.uk

2. The Dispute Service (TDS) http://www.tds.gb.com

3. Letting Protection Service (LPS) http://www.computershare.com/uk or http://www.lettingprotection.com

4. Capita http://www.capita.co.uk

1.5 Each of the four organisations will operate both a custodial scheme (where the landlord hands over all the tenant’s deposit to the scheme administrator to protect until the deposit becomes due at the end of the tenancy) and an insurance scheme (where the landlord can hold the deposit on the condition that he pays a fee and/or an insurance premium to the scheme administrator to protect the deposit until it becomes due at the end of the tenancy).

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1.6 A deposit taken by a landlord or agent in connection with a private tenancy on or after 1 April 2013 will, by law, have to be protected in one of the approved tenancy deposit schemes. Failure to protect the deposit or abide by the requirements of the Scheme may lead to the local council imposing a fixed penalty or possibly taking court action.

1.7 The maximum fine on conviction for someone who contravenes the requirement is £20,000. However, payment of a fixed penalty, which will be 3 times the amount of the Tenancy Deposit, will discharge any liability for prosecution.

1.8 The district council may also issue a fixed penalty for taking a deposit other than money or for the non-securing of a deposit. The fixed penalty for taking a deposit other than money will be determined by the Council and cannot exceed £500.

1.9 Further details including FAQ’s are being finalised by DSD and will be available on their website at a later date.

1.10 The Tenancy Deposit Regulations can be found at the following link:- http://www.legislation.gov.uk/nisr/2012/373/contents/made

2 Key Issues

2.1 Any tenancy deposit paid to a person in connection with a private tenancy must be dealt with in accordance with an approved scheme. Also, any tenancy deposit must be in the form of money; a deposit other than money cannot be taken.

2.2 A deposit must be secured in an approved scheme within 14 days and a tenant must be informed that their deposit has been secured within 28 days.

2.3 The fixed penalty for not securing a deposit will be an amount three times that of the deposit taken. The fixed penalty for taking a deposit other than money will be determined by the Council and cannot exceed £500.

2.4 The income from the fixed penalties may only be used for the purposes of the Council’s functions under the Private Tenancies (NI) Order 2006 or such other of its functions as may be prescribed.

2.5 It is anticipated that the enforcing Council will be the Council within which the tenancy is located.

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3 Resource Implications

3.1 The enforcement of the provisions of the Tenancy Deposit Scheme Regulations (NI) 2012 will be accommodated within existing resources.

3.2 The level of potential income from fixed penalty notices cannot readily be determined in advance but its use will be restricted to the Council’s functions under the Private Tenancies (NI) Order 2006.

4 Equality and Good Relations Implications

None

5 Recommendations

5.1 The Committee is requested to:-

note the requirements of the Tenancy Deposit Scheme Regulations (NI) 2012; and

agree that the fixed penalty for taking a deposit, other than money, be set at £500.”

After discussion, the Committee adopted the recommendations.

Neighbourhood Services in the Wider University Area

The Committee noted the contents of a report providing an update on the ongoing work on services within the Holylands and wider university area and noted also that a visit to the area would take place on 14th March for those Members who wished to attend.

Flood Forum

The Director of Health and Environmental Services informed the Committee that the Rivers Agency, through the Northern Ireland Local Government Association, had issued an invitation for a Member of the Council to sit on one of the three Flood Fora, which were aligned to river basin management areas, with Belfast being included in the North East Area. A total of three Councillors for each river basin were to be nominated. It was intended that the Fora would include also representatives from various central and local government departments and agencies. An inaugural meeting of the Flood Forum would take place in Craigavon on 20th March. That meeting would begin the next stage of the implementation of the Floods Directive in Northern Ireland and it was intended to establish, by December, 2013, three Flood Forums, the purpose of which would be to develop Flood Risk Management Plans covering the whole of Northern Ireland.

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Accordingly, she recommended that the Chairman be authorised to represent the Council at the inaugural meeting on 20th March and at subsequent meetings of the Flood Forum which would be responsible for developing the flood risk management plan for the North East area.

The Committee adopted the recommendation.

Dilapidated Buildings

The Committee noted the contents of a report providing an update on the process for dealing with dilapidated buildings and that contact would be made with Members regarding buildings within their areas.

Chairman

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Page 205 Agenda Item 5j

Health and Environmental Services Committee

Tuesday, 12th March, 2013

SPECIAL MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE

Members present: Councillor McCarthy (Chairman); the High Sheriff (Councillor. Kingston); Alderman M. Campbell; and Councillors Austin, Garrett, Haire, Hartley, Jones, Reynolds and Thompson.

Also Attended: Councillor Hussey.

In attendance: Mrs. S. Wylie, Director of Health and Environmental Services; Mrs. S. Toland, Head of Environmental Health; Mr. J. Walsh, Legal Services Manager; Mr J. Corkey, Environmental Health Manager; and Mr. J Hanna, Senior Democratic Services Officer.

Apologies

Apologies for inability to attend where reported from Councillors Curran and O’Neill.

Declarations of Interest

No declarations of interest where reported.

Sewer Baiting Programme

The Head of Environmental Health reminded the Committee that, in December, 2011, NI Water had reduced its funding to the Council’s Pest Control Service for the city’s sewer baiting contract from approximately £60,000 per anum to £25,000 in year one and £10,000 in year 2, with the intentions of phasing it out after November, 2013. The Council had acknowledged that sewer baiting was an important service when controlling the rat population in the city and that it had had a direct impact in protecting public health. The Committee had therefore considered the sewer baiting issue on a number of occasions and had taking advice from the Council’s Legal Services Department regarding possible options in relation to NI Water’s statutory obligation to control rats in sewers.

On 3rd August, 2012, the Council had indicated, in a letter to the Chairman of the Board of NI Water, that the phasing out of sewer baiting would have a detrimental impact on the rat population and consequently on the quality of life on those living, working in or visiting the city. The Board was therefore asked to reconsider its decision to reduce and phase out sewer baiting. A response had been received on 28th August,

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2012 from NI Water’s Senior Lawyer on behalf of the Board Chairman who had advised that NI Water would be carrying out a full review and assessment of the sewer baiting service and claimed that it was not in breach of its obligations as it had made funding available for a reactive service albeit that that funding was to be phased out after November, 2013.

The Head of Environmental Health reported that a further letter had been forwarded to the Chairman of NI Water on 5th November, 2012 seeking information on its review of sewer baiting and its plans for controlling rat populations in sewers. A response had been received from the Customer Service Delivery Director who had indicated that monitoring of the contract was continuing and the progress could be discussed at a planned officer meeting on 9th January. Further to that, at its meeting on 5th December, the Committee had agreed that the Minister for Regional Development be invited to attend a future meeting of the Committee in order to discuss ongoing issues relating to the future funding by NI Water of a sewer baiting programme. The Minister’s office replied on 15th February indicating that the senior representatives from NI Water were the appropriate persons to attend such a meeting.

The Head of Environmental Health reported that at the aforementioned officer meeting held on 9th January it was clear that NI Water was now willing to discuss a way forward and had informally discussed a new proposal. Consequently, Ms. Sara Venning and Mr. Des Nevin were in attendance to discuss with the Committee the future options and, accordingly, they were admitted to the meeting and welcomed by the Chairman.

Ms. Venning advised the Members that NI Water had a long standing relationship with the Council regarding the provision of a sewer baiting service. As Members were aware for the second year of the current contract it was proposed to reduce the funding to £10,000. However, NI Water had realised that the reduction could cause difficulties and were willing to consider a review of the contract. From a NI Water perspective, a reactive programme was the type of service which the organisation had the funding to support and wished to discuss with the Council the potential future funding of a sewer baiting service but within the confines of public procurement guidelines.

During discussion, the Members made the following points:

• Parts of the City had outdated sewerage systems which were not designed to cope with the current volumes of waste and that, together with the problem of dumping items into a system for which it was not built, combined to present a health hazard, particularly in relation to rat infestation;

• Given those conditions, there was a need to improve the sewerage system in order to prevent and control rats in sewers;

• There were concerns that a diminished service would lead to the creation of a greater problem of rat infestation;

• Clarification was sought in relation to what was provided by a reactive service; and

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• An indication was also sought in relation to increased funding which might be provided in the second year of the contract; and

• Concern was expressed that the extent of the sewerage system in Belfast was larger than that of any other city or town in Northern Ireland and we also had a high population density, all of which impacted on rat populations and that infrastructure would increase following the Review of Public Administration, thus putting a further strain on the funding available for sewer baiting in the Belfast area.

In response, the members of the deputation made the following comments:

• NI Water currently provided a reactive service, as opposed to a planned or proactive service, which meant that it responded to any complaints received associated with infestation of the sewer system;

• The main expenditure by NI Water in recent years had been on water supply and quality, together with improvements to waste water treatment works. As that work was now mainly completed, it was expected that more funding would now be directed towards the sewer network services;

• The service needed a communication programme to educate the public as to the types of materials which should not be put into the sewerage system and in this regard it was a particular problem with oils, fats and greases, all of which were likely to attract rats; and

• For the previous twelve months NI Water had provided a proactive service and still felt that that was a good service. However, it was recognised that £10,000 funding in the second year of the contract might not be enough to maintain the service and the company was willing to revisit that. Ms Venning indicated that she proposed to go back to the organisation to seek a commitment from NI Water to make available the same level of funding of £25,000, which had been made in the first year, for the second year of the contract and to look also at what was needed to be put in place in future years.

The Chairman on behalf of the Committee, thanked the members of the deputation for attending and they left the meeting.

After discussion, the Committee agreed:

(i) to accept, without prejudice, the proposal by NI Water to consider providing the same level of funding of £25,000 as it had provided in the first year of the contract, for the period 1st December 2012 till 30th November 2013;

(ii) that officers continue to monitor and gather empirical evidence in relation to the level of sewer rat infestations across the city; and

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(iii) to reiterate its previously stated position regarding the need for NI Water to provide the necessary funding for a proactive and planned sewer baiting service for the City.

Chairman

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Page 209 Agenda Item 5k

Licensing Committee

Wednesday, 20th March, 2013

MEETING OF LICENSING COMMITTEE

Members present: Alderman Ekin (Chairman); Councillors Attwood, M. E. Campbell, Convery, Groves, Hussey, Keenan, Lavery, Ó Donnghaile, O’Neill, Spence and Webb.

In attendance: Mr. T. Martin, Head of Building Control; Mr. S. Hewitt, Building Control Manager; Ms. N. Largey, Solicitor; and Mr. H. Downey, Democratic Services Officer.

Apologies

Apologies for inability to attend were reported from the Deputy Lord Mayor (Councillor Cunningham), Alderman Rodgers and Councillors Jones and L. Patterson.

Minutes

The minutes of the meeting of 20th February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

Declarations of Interest

No declarations of interest were reported.

Expression of Sympathy

The Chairman, on behalf of the Committee, expressed sympathy to Councillor Lavery on the recent death of his sister.

Roads (Miscellaneous Provisions) Act 2010 – Road Closures for Special Events

The Committee was reminded that, at its meeting on 21st March, 2012, it had been advised that the introduction of the Roads (Miscellaneous Provisions) Act 2010 would provide councils with the power to temporarily prohibit or restrict, with the consent of the Department for Regional Development, the use of public roads in connection with special events, with a special event being defined as any sporting event, social event, entertainment or film-making on a public road.

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The Head of Building Control reported that the Department for Regional Development was in the process of finalising a Commencement Order which was due to come into effect in April and lead to the implementation of the Roads (Miscellaneous Provisions) Act 2010. As a result, the Council would assume statutory responsibility for processing applications, consulting with the relevant agencies, publishing notices in newspapers, considering resulting representations, preparing road closure orders and ensuring that the appropriate signage was in place. A joint Department for Regional Development and Local Government team had been established, under the direction of the Society of Local Authority Chief Executives, to examine the operational issues for local councils arising from the introduction of the Act. Council officers had worked with Department for Regional Development representatives to produce guidance notes for councils and applicants on the legislation and had contributed to three awareness raising sessions which that Department had facilitated primarily for councils.

He informed the Members that, due to the regulatory nature of the legislation and the fact that associated applications could be subject to challenge and public representations, the Council now needed to ensure that the necessary governance arrangements, processes and policies were put in place. He pointed out that the Council, at its meeting on 1st May, 2007, had delegated to the Licensing Committee authority to determine applications on various matters, including Entertainments Licensing, and he recommended that, since the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 was similar in nature to those, the Committee assume responsibility also for determining applications under the Act. The Legal Services Section had advised that there would be no requirement to amend the Council’s Standing Orders to make specific reference to the Act, as that could be accommodated therein under the definition of “such other matters of a licensing nature”. He recommended also that, in order to deal as expediently as possible with applications, the Council’s Scheme of Delegation be amended, in line with other licensing applications, to enable the Director of Health and Environmental Services to make Orders relating to special events, except in circumstances where representations were received. In such cases, or in others as the Director deemed appropriate, the relevant application would be submitted to the Committee for its consideration.

After discussion, the Committee agreed that:

(i) the Council be recommended to delegate authority to the Licensing Committee to determine all applications, under the provisions of the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010, for an Order to temporarily prohibit or restrict the use of public roads in connection with special events; and

(ii) the need for the Committee to consider all applications would be reviewed one year after the commencement of the Order.

The Committee noted that the provisions contained within the aforementioned Act would come into operation upon the publication by the Department for Regional Development of the Commencement Order.

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Proposed Charging of Fees for Road Closures for Special Events

The Committee considered a report in relation to proposed charging of fees for road closures and special events.

During discussion, several Members highlighted a number of issues contained within the report, including the fact that organisers of community based/small scale events often received only small levels of funding to assist with the holding of events. As such, they could have difficulty meeting the costs associated with the placing of a mandatory notice in a local community newspaper, as proposed. It was suggested that it would be more economical for those organisations whose events were taking place in and around the same date to place joint advertisements in newspapers.

Accordingly, the Committee agreed to defer until its next monthly meeting consideration of the report to enable further information to be obtained in relation to fees to be charged, potential costs to the Council and advertising for event organisers.

Revision of Petroleum Licensing Conditions

The Head of Building Control informed the Members that the Council was designated, under the provisions of the Petroleum (Consolidation) Act (Northern Ireland) 1929, as a Petroleum Licensing Authority and that it granted annually licences to persons wishing to store petroleum spirit. The Council had authority under the Act to impose certain conditions on licensees in order to ensure the safe operation of licensed sites. He explained that the Regional Petroleum Licensing Working Group, which had been established under the direction of the Society of Local Authority Chief Executives to ensure a consistency of approach across all councils on all matters relating to petroleum licensing, had now drafted a set of revised licensing conditions.

He explained that the revision had been necessary to reflect the significant changes which had arisen from the introduction of the Dangerous Substances and Explosive Regulations (Northern Ireland) 2003, which had removed from the aforementioned Act much of the responsibility for controlling the routine operation of petrol filling stations and, therefore, the need to retain many of the prescriptive control measures which had been contained previously within the licensing conditions. The revision was intended also to remove any duplication which might exist from the application of other health and safety legislation and, accordingly, placed no additional burden on licensees. The proposed reduction in the number of conditions did not mean that the responsibilities of licensees and petrol station operators had, in any way, diminished. He pointed out that the Dangerous Substances and Explosive Regulations (Northern Ireland) 2003 did not, however, apply to non-workplace situations and that petroleum licensing was still the primary mechanism by which non-workplace petroleum storage was controlled. He added that the revised conditions were intended at this stage to address only the licensing of retail and non-retail petrol filling stations where a work activity was undertaken.

After discussion, the Committee approved the adoption of the revised Petroleum Licensing Conditions, a copy of which was available on the Modern.gov website.

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Consultation on Proposals to Repeal the Pedlars Acts and Amend Street Trading Legislation

The Committee was reminded that, at its meeting on 23rd January, it had approved a response to the Department for Business Innovation and Skills and the Department for Social Development’s joint consultation on the above-mentioned proposals. During that meeting, Members had highlighted the problems which had existed within the City prior to the introduction of the Street Trading Act (Northern Ireland) 2001 and had expressed concern that the proposals, if implemented, would be a retrograde move and create significant difficulties in terms of the future management of street trading. Accordingly, the Committee had agreed that a letter be forwarded to the Minister for Social Development advising of its concerns and to the Northern Ireland Local Government Association seeking its full endorsement of the Council’s response.

The Head of Building Control reported that responses to those letters had now been received. He explained that Minister McCausland had confirmed that he was aware of the problems associated with illegal street trading prior to the introduction of the aforementioned Act and had noted the Committee’s concerns around the implementation of the proposals set out within the consultation. Importantly, the Minister had provided an assurance that the Council’s response would be afforded careful consideration in advance of any decision reached on the way forward.

The response from the Northern Ireland Local Government Association had stated that the Association had formulated, in consultation with officers from a number of councils, including Belfast, a draft response to the consultation document. That had been forwarded subsequently to councils and would form the basis for their response to the consultation. The Association had asserted that the proposals set out within the consultation would have serious consequences for retailers in Belfast and other urban councils, had commended the Licensing Committee on its decision to work with the Association to address the issue and had stressed that it would continue to lobby to ensure that the views of councils were taken into consideration as part of the review process.

The Committee noted the information which had been provided and agreed that a report be submitted to a future meeting on potential means of identification which could be displayed by traders operating under temporary Street Trading Licences.

THE COMMITTEE DEALT WITH THE FOLLOWING ITEMS IN PURSUANCE OF THE POWERS DELEGATED TO IT BY THE COUNCIL AT ITS MEETING ON 1st MAY, 2007 IN ACCORDANCE WITH STANDING ORDER 46

Licences Issued under Delegated Authority

The Committee noted a list of licensing applications which had been granted under the delegated authority of the Director of Health and Environmental Services.

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Application for the Renewal of a Seven-day Annual Entertainments Licence – Mono Bar, 96 – 100 Ann Street

The Head of Building Control informed the Committee that an application had been received for the renewal of a Seven-day Annual Entertainments Licence in respect of the Mono Bar, 96-100 Ann Street. He reported that the Police Service of Northern Ireland had, as part of the 2012 application process, objected to the renewal of the Licence, due to the high levels of anti-social behaviour and liquor licensing offences associated with the premises. However, following a number of meetings between the applicant and the Police Service, which had been facilitated by officers from the Building Control Service, agreement had been reached on the development of a detailed action plan for the future operation of the Mono Bar. That had led to the Police Service withdrawing its objection to that application. Accordingly, the Committee, at its meeting on 15th February, 2012, had renewed the Entertainments Licence, subject to the licensee adhering to the agreed action plan, which had included a stipulation that he meet on a monthly basis with the Building Control Service and the Police Service.

The Head of Building Control reported further that those meetings had proven to be very successful and that the licensee had since adopted a proactive approach regarding the management of the premises. Officers from the Building Control Service had, over the course of the past year, undertaken four inspections whilst entertainment was taking place, one of which had revealed some minor issues, which had been resolved immediately. As a result, the Building Control Service and the Police Service of Northern Ireland no longer had concerns regarding the overall operation of the Mono Bar. He suggested that, should the Committee be minded to renew the Licence, it might wish to amend the existing action plan to reflect that, in future, meetings between the two Services and the licensee should take place only when issues of concern arose. He added that no written representation had been received in relation to the renewal of the Entertainments Licence.

Accordingly, it was

Resolved – That the Committee, in its capacity as Licensing Authority, grants a renewal of a Seven-day Annual Entertainments Licence in respect of the Mono Bar, 96-100 Ann Street, subject to the licensee adhering to the action plan, which would be amended to reflect that meetings between him, the Building Control Service and the Police Service of Northern Ireland would, henceforth, be held only when required.

Application for the Grant of a Fourteen-day Occasional Entertainments Licence - El Divino, May’s Meadow

The Committee was advised that an application had been received seeking the grant of a Fourteen-day Occasional Entertainments Licence in respect of the above- mentioned premises. The Head of Building Control reported that the applicant was proposing to provide entertainment, in the form of a DJ, on 5th May and 25th August within a marquee which would be situated in the car park at the side of the premises.

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The marquee would accommodate up to a maximum of 500 patrons and both events would cease by 2.00 a.m., in line with the current indoor Entertainments Licence. He explained that, whilst no objections to the grant of the Licence had been received within the twenty-eight day statutory period, one had been submitted outside that timeframe. The objector had highlighted unacceptable noise levels from a previous outdoor event and had pointed out that, although both of the events would be taking place on the eve of a Bank Holiday, he was required to work on those days and was concerned that his sleep could be affected.

The Head of Building Control pointed out that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, when considering an application, must have regard to any representation which had been received within the statutory period. Where objections had been received outside that time, the Committee could exercise its discretion and agree to receive the objectors, but did not have a duty to do so.

After discussion, the Committee agreed, in view of the relevance of the objection which had been received and the proximity of the objector to El Divino, to exercise its discretion and consider the objection at its monthly meeting in April, to which the objector and the applicant would be invited.

Chairman

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Town Planning Committee

Thursday, 7th March, 2013

MEETING OF TOWN PLANNING COMMITTEE

Members present: Councillor L. Patterson (Chairman); The High Sheriff (Councillor Kingston); Aldermen R. Patterson, Rodgers and Smyth; and Councillors Austin, Curran, Garrett, Hanna, Lavery, McCabe, McCarthy, Mullan, A. Newton, O’Neill and Spence.

In attendance: Mrs. P. Scarborough, Democratic Services Section; Mrs. S. Wylie, Director of Health and Environmental Services; and Mrs. S. Wilkin ) Divisional Mr. T. McCoey ) Planning Office.

Also attended: Councillors Keenan and Maskey.

Apologies

Apologies for inability to attend were reported from Councillors M. E. Campbell and McNamee.

Minutes

The minutes of the meetings of 7th and 21st February were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 4th March, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee and to the omission of the minute under the heading “46 Sicily Park - Z/2011/0902/F” to note that the application had been referred back to the Committee; and to the amendment of the minute under the heading “2 Oceanic Avenue- Z/2012/1108/F” to provide that the decision be rejected and accordingly the Council agreed not to accept the opinion of the Divisional Planning Manager to approve the application.

Declarations of Interest

No declarations were reported.

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Z/2011/0902/F – 46 Sicily Park

At the request of Councillor Hanna, and with the permission of the Council, the Committee requested that the Planning Service agree to reconsider the above- mentioned application, based on additional information which had been provided, and to inform the Members of its decision in due course.

Requests for Deputation

It was noted that no requests had been received.

Northern Ireland Housing Executive – District Housing Plan

The Committee agreed that a special meeting be held on Monday, 24th June, to which all Members of the Council would be invited, in order to receive a presentation from representatives of the Northern Ireland Housing Executive in relation to its District Housing Plan.

Reports and Correspondence Northern Ireland Housing Council - Conference

The Committee was informed that the Northern Ireland Housing Council would be holding an event entitled ‘Facing an Uncertain Future’ in the Grosvenor House, Glengall Street, on Thursday 21st March, from 9.00 am until 1.30 pm. It was indicated that the Conference fee would be £175 + VAT per person.

Accordingly, it was recommended that the Chairman, the Deputy Chairman (or their nominees) and one Member from each of the other Political Parties be authorised to attend the Conference and that the Strategic Policy and Resources Committee be requested to approve the associated expenditure.

The Committee adopted the recommendation.

New Planning Applications

The Committee noted a list of new planning applications which had been received by the Planning Service from 12th until 25th February.

Deferred Items Still Under Consideration

The Committee noted a list of deferred items which were still under consideration by the Planning Office.

Streamlined Planning Applications – Decisions Issued

The Committee noted a list of decisions on streamlined planning applications which had been issued by the Planning Service between 13th and 27th February.

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THE COMMITTEE DEALT WITH THE FOLLOWING ITEMS IN PURSUANCE OF THE POWERS DELEGATED TO IT BY THE COUNCIL

University of Ulster – Major Planning Application

(Mrs. S. Wylie, Director of Health and Environmental Services, was in attendance in connection with this item.)

In advance of the Committee’s consideration of the Schedule of Planning Applications, the Director of Health and Environmental Services drew the Members’ attention to three items which had been included thereon in connection with the above- mentioned planning application.

She reminded the Committee that the University of Ulster’s proposed development at York Street had been highlighted in the Belfast Investment Programme as one of the key projects and that the Council had committed to work with the University and government departments to maximise the wider City regeneration and community benefits of that investment. The Director informed the Members that the Development Committee had considered a pre-application presentation by the University of Ulster’s project team in March, 2012 and had welcomed the opportunities presented by the ambitious proposal in the context of the Investment Programme.

The Members of that Committee had encouraged the University to engage in an active partnership with the Council and others to address any concerns which had been raised, particularly by communities, in relation to community engagement, infrastructure, accommodation, transport, parking, anti-social behaviour and the associated requirements for shops, services and amenities.

Subsequently, the University had engaged proactively with the Council and government departments and a multi-agency group had been established to ensure that the wider regeneration benefits were realised and maximised. In addition, she reported that a benefits’ realisation framework had been developed and that this process would continue beyond the formal planning stages into the operational and delivery phases. That framework would ensure that there would be optimal delivery of the social, economic and environmental benefits of the scheme which would include also mitigating actions to address the issues of concern which had been expressed by Members in relation to community engagement and the impacts on local neighbourhoods.

A Member drew the attention of the Committee to an email, which had been circulated earlier in the day, from the Campus Development Group, an organisation which had previously been received by the Committee in relation to its concerns about the University of Ulster’s proposed development. After discussion, the Committee agreed to write to the Minister for the Environment and to the University of Ulster requesting that the concerns of that Group be taken into consideration in future deliberations and community engagement activities.

A further Member expressed concern at the manner in which the Minister for the Environment had announced his decision in connection with the University of Ulster’s Planning Application and it was agreed that a letter be issued to the Minister outlining

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the Committee’s concern that the normal procedures for dealing with such applications had not been followed in this instance.

Accordingly, the Committee agreed to adopt the opinion of the Divisional Planning Manager in respect of the three applications; viz., Z/2012/0353/DCA – Playboard Building and York House, consent; Z/2012/0361/F – Metropole, Orpheus, Interpoint, York House, Playboard and Block 82 York Street/Frederick Street/Great Patrick Street, approval; and Z/2012/1034/F – Land at existing Department for Regional Development surface car park at Frederick Street, refusal.

Furthermore, the Committee adopted the recommendation to encourage ongoing engagement between the Council and the University of Ulster and that a positive and meaningful partnership with statutory agencies and local community organisations would be sustained in order to deliver the maximum community and City benefits to be articulated and agreed in the forthcoming campus master plan.

Reconsidered Items

The Committee considered further the undernoted planning applications and adopted the recommendations of the Divisional Planning Manager thereon:

Site and Applicant Proposal Divisional Planning Manager’s Opinion

804 Shore Road, Demolition of redundant police Approval Donnelly O’Neill Architects station and erection of two Limited business/retail units and twenty-three, two bedroom apartments and parking.

162 Barnetts Road, Erection of carport to side of Refusal Mr. J. Hunsdale house.

27 The Boulevard, Change of use from dwelling to Approval Ms. B. McAllister house of multiple occupancy.

Cregagh Congregational Mesh wire framed banner with Consent Church, printed digital image. Richmond Reproductions Limited

Schedule of Planning Applications

The Committee considered the remaining items on the schedule of planning applications which had been submitted by the Divisional Planning Manager in respect of the Council area and agreed to adopt the recommendations contained therein with the exception of that referred to below:

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Site and Applicant Proposal Divisional Planning Manager’s Opinion

4a Newforge Lane, Demolition of existing dwelling Approval Mr. J. Green and proposed four detached dwellings. [Deferred at the request of Councillor Hanna to enable an office meeting to take place.]

Mr. T. McCoey

The Chairman advised the Members that this would be the last meeting of the Committee at which Mr. T. McCoey, Senior Professional and Technical Officer, would be in attendance before retiring from the Belfast Divisional Planning Office. She thanked Mr. McCoey for the contribution which he had made to the work of the Committee. A number of Members paid tribute to Mr. McCoey for the exemplary manner in which he had fulfilled his duties.

Mr. McCoey thanked the Members for their kind remarks.

Chairman

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Town Planning Committee

Thursday, 21st March, 2013

MEETING OF TOWN PLANNING COMMITTEE

Members present: Councillor L. Patterson (Chairman); The High Sherriff (Councillor Kingston); Aldermen McCoubrey, Patterson and Smyth; Councillors Austin, M. E. Campbell, Curran, Garrett, Hanna, Hussey, Mullan, McCarthy, McNamee, Lavery, A. Newton, O’Neill and Spence.

In attendance: Mr. B. Flynn, Democratic Services Officer; and Mr. P. Montgomery ) Belfast Divisional Ms. E. Hanratty ) Planning Office.

Apologies

Apologies for inability to attend were reported from Alderman Rodgers and Councillor McCabe.

Declarations of Interest

No declarations of interest were reported.

Routine Correspondence

It was reported that correspondence had been received in respect of the following matters:

Department for Regional Development - Roads Service

• A Stopping-up Order at Brucevale Park; and • An Abandonment Order at Frome Street.

The Committee noted the correspondence received.

Requests for Deputations

The Committee agreed to receive, at its meeting on 18th April, a deputation representing The Queen’s University of Belfast in respect of its proposals to develop student accommodation in the Lennoxvale/Sans Souci Park area.

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Major Planning Application – Windsor Park

The Democratic Services Officer reminded the Committee that, at its meeting on 7th February, it had considered correspondence from the Strategic Planning Division of the Department of the Environment which sought to obtain the Council’s views on the proposed redevelopment of Windsor Park, specifically whether the size and scale of the development would merit it being subject to a public inquiry under Article 31 of the Planning (Northern Ireland) Order 1991. He pointed out that the Committee had been unanimous in its view that the development would enhance Belfast’s status as an international sporting venue and had agreed that the Department would be urged to avoid any unnecessary delay by holding a public inquiry and, therefore, determine the application by the issuing of a Decision Notice.

The Committee was advised that correspondence had since been received from the Department indicating that it had issued a Notice of Opinion to Approve the development and, accordingly, the matter would not be subject to a public inquiry.

After discussion, the Committee noted the information which had been provided.

‘To Let’ and ‘For Sale’ Boards

With the permission of the Committee, Councillor Curran expressed concern in relation to the proliferation of ‘To Let’ and ‘For Sale’ signs which were displayed at properties throughout Belfast, especially within the south of the City. She pointed out that existing legislation required that such signs be removed within fourteen days of contracts or leases for properties being agreed. However, it was evident, she pointed out, that landlords and agents were failing in their duty to address this matter and in some cases the signs remained on properties for a period of six to eight months after contracts had been signed.

She explained that residents’ associations had expressed concern regarding the impact which such signs had had on the visual amenity of their areas. In many cities, such as Leeds, Nottingham and Newcastle, schemes had been implemented to address the issue, such as the designation of certain streets as ‘Areas of Advertisement Control’. Under this scheme, houses of multiple occupation would be permitted only to display one sign and, in certain cases, signage would not be permitted externally, but allowed only to be displayed in windows. She concluded by requesting that the Committee would agree to address the issue and that a letter be forwarded to the relevant authority seeking information on the steps which could be taken to limit the display of such signs.

After discussion, the Committee agreed that a letter outlining its concerns be forwarded to the Department of the Environment seeking clarification on the legislative powers which exist to control the display of such signs and the steps which could be taken to enforce the legislation.

New Applications

The Committee noted a list of planning applications which had been deemed valid by the Divisional Planning Manager for the period from 26th February till 11th March.

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Appeal Dates Notified

The Committee noted information which had been received regarding the dates for the holding of future appeals.

Appeal Decisions Notified

The Committee noted the outcome of a planning appeal in respect of a proposed change of use from offices to apartments at 2b Dudley Street.

Streamlined Planning Applications

The Committee noted a list of decisions which had been issued in respect of streamlined planning applications which had been issued by the Planning Service between 27th February and 12th March, 2013.

Deferred Items Still Under Consideration

The Committee noted a list of deferred items which were still under consideration by the Belfast Planning Office.

Schedule of Planning Applications

Reconsidered Item – Application Rejected

The Committee considered further an application for the change of use of a dwelling at 32 Brookvale Avenue, in respect of which the Divisional Planning Manager had offered an opinion to approve.

Accordingly, it was

Moved by Councillor Lavery, Seconded by Councillor M.E. Campbell and

Resolved – That the Committee agrees to reject the application on the grounds that such a development would be out of character with the vicinity and set an unacceptable precedent for future development in the area.

THE COMMITTEE DEALT WITH THE FOLLOWING ITEMS IN PURSUANCE OF THE POWERS DELEGATED TO IT BY THE COUNCIL

Schedule of Applications

The Committee considered the Schedule of Planning Applications which had been submitted by the Belfast Divisional Planning Manger in respect of the Council area and agreed to adopt the recommendations contained therein, with the exception of those referred to below:

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Site and Applicant Proposal Divisional Planning Manager’s Opinion

14 College Heights, Retention of change of use Approval Wellington Square, from dwelling to House in Mr. W. Chan Multiple Occupancy. [Deferred at the request of Councillor Mullan to enable an office meeting to take place.]

66 Kings Road, Approved site for garage Refusal Mr. C. Jones. Z/2007/1256/F. [Deferred at the request of Councillor McNamee to enable an office meeting to take place.]

Lands between 1-8 and Erection of dwelling house, Refusal 9 Notting Hill Gate detached garage and (formerly 33 Notting Hill), associated ancillary works. Mr. K. Brown. [Deferred at the request of Councillor Curran to enable and office meeting to take place.]

Wellington Park Hotel, Partial demolition, Approval 21 Malone Road, refurbishment and Mooney Hotel Group extensions to existing hotel; providing additional 92 bedrooms, apart-hotel accommodation (38 apartments) additional function room, syndicate rooms, cafe and restaurant space, office extension to 14 Wellington Park, 2 levels of basement car parking, alterations to existing surface car parking and circulation and landscaping. (Amended drawings and additional information). [Deferred at the request of Councillor Curran to enable an office meeting to take place.]

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Site and Applicant Proposal Divisional Planning Manager’s Opinion

48 University Street, Change of use of ground Refusal Life N.I. floor into charity shop (class A1). [Deferred at the request of Councillor Hanna to enable an office meeting to take place.]

220 Belmont Road, Change of house type Refusal J. Walkington c/o Agent previously approved under Z/2012/0080/F from 1 No. detached dwelling to 2 No. semi-detached dwellings with parking spaces and gardens using approved access and private lane. [Deferred at the request of Councillor McNamee to enable an office meeting to take place.]

Chairman

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“This Council:

• recognises the negative impact which welfare reform will have on some vulnerable individuals and groups in the City and particularly on women and children; • notes the proposal to pay the new ‘Super Benefit’ universal credit to one nominated person in the household on a monthly basis; • acknowledges that this will result in a significant transfer of resources from ‘the purse to the wallet’ and lead to some women having no direct access to financial resources; • notes that women and children living in situations where there is domestic violence and abuse are particularly vulnerable in this context; and, accordingly • supports the recently-launched Women’s Sector Initiative - the ‘Empty Purse Campaign’ and calls on the Minister for Social Development to mitigate these unnecessary and harmful impacts by ensuring that universal credit is paid to the second earner/main carer in the household and in workless households to provide that the payment should be split. This should be the default payment position rather than being considered as ‘exceptional’ as is currently proposed.”

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“This November will mark the 50th anniversary of the death of C.S. Lewis. Clive Staples Lewis was born in East Belfast on 29th November, 1898; his family home was on the Circular Road in the east of the City. He attended Campbell College before enrolling in Malvern College in 1913 and went on to receive a scholarship at University College, Oxford.

After the outbreak of World War I, he enlisted in the Army in 1917. He was wounded at the Battle of Arras on 15th April, 1918 and was subsequently discharged from the Army in 1919.

C.S. Lewis is rightly considered to be one of the intellectual giants of the 20th Century and, arguably, the most influential Christian writer of his day. He is world-renowned for his writings and in particular the Chronicles of Narnia which have charmed generations of children across the globe.

This Council acknowledges the fitting tribute to be paid to C.S. Lewis by the erection of a memorial stone at Westminster Abbey’s Poets’ Corner and agrees that we, as the elected representatives of the City in which he was born, should not allow the landmark 50th anniversary of his death to pass without marking it in a fitting way. This Council is proud to claim C.S. Lewis as one of our most famous sons and, accordingly, agrees to give early consideration as to how this noteworthy event should best be marked. ”

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“This Council recognises the significance of the work of the Northern Ireland Hospice and its contribution to healthcare in our City and beyond.

The Northern Ireland Hospice has contributed significantly to the welfare of the seriously ill by providing palliative care within the Hospice and by providing a service in the community throughout Northern Ireland. It also helps and assist families who at these times are under extreme emotional pressure.

Accordingly, the Council agrees to allocate payments of £250,000 in each of the next two financial years to the Northern Ireland Hospice Redevelopment Fund using its special expenditure powers under Section 37 of the Local Government Finance Act (Northern Ireland) 2011.”

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“This Council acknowledges that 2013 represents the 25th anniversary of the Provisional IRA murders of Corporals Derek Woods and David Howes in West Belfast; an event often described as providing the "most dramatic and harrowing images" to emerge from the Northern Ireland troubles.

This Council wishes to extend to the families of these victims the assurance that the bravery, restraint and sacrifice of their beloved sons on that day will never be forgotten.”

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