lisburn castlereagh - dr theresa donaldson · 2017-09-06 · cherry room, island civic centre, the...
TRANSCRIPT
31 August 2017
Chairman: Alderman T Jeffers Vice-Chairman: Councillor J Gray MBE Aldermen: M Henderson MBE, S P Porter, J Tinsley Councillors: N. Anderson, J Baird, O Gawith, A Givan, B Hanvey, B Mallon,
T Mitchell, A McIntyre, L Poots Ex Officio The Right Worshipful the Mayor, Councillor T Morrow Deputy Mayor, Councillor H Legge The monthly meeting of the Environmental Services Committee will be held in the Cherry Room, Island Civic Centre, The Island, Lisburn, on Wednesday 6 September 2017, at 5.30 pm, for the transaction of business on the undernoted agenda. Please note that hot food will be available prior to the meeting from 5.00 pm. You are requested to attend. DR THERESA DONALDSON Chief Executive Lisburn & Castlereagh City Council
Agenda
1. Apologies
2. Declarations of Interest 3. Minutes of the Environmental Services Committee Meeting held on 7 June 2017
4. Confidential Business Members are requested to go to the Confidential folder on Sharepoint to access the Environmental Services Committee confidential report.
4.1 Report from the Director of Service Delivery (Regulated)
4.1.1 Preliminary Expenditure Application (PEA) and Financial Appraisal for the Proposed Erection of a Garden of Reflection – Princess Diana Memorial Park
(confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.2 Preliminary Expenditure Application (PEA) - Provision of a
Haulage Service for Residual and Green Waste from Council Household Recycling Centres
(confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.3 Review of Cemeteries – Sunday Burials (confidential due to information relating to the financial or
business affairs of any particular person [including the Council holding that information)
4.1.4 The Supply and Delivery of Wheeled Refuse Collection
Containers, Bottle Banks and Other Supplies Contract (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.5 Tender for the Recycling and Recovery of Residual & Bulky Waste from Council Household Recycling Centres/Civic Amenity Sites (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.6 Amenity/Bulky Collection Service (confidential due to information relating to the financial or business affairs of any particular person [including the Council
holding that information)
4.1.7 Geographical Information (GI) Officers (confidential due to information which is likely to reveal the identity of an individual)
4.1.8 WEE and Batteries Service Contracts (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.9 Update on the Use of Overt Cameras to Support the Investigation of Non-Compliance with Environmental Health Statute (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.10 Department for Communities (DfC) – Affordable Warmth Scheme (AWS), Funding & Targets for 2017/18 (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.11 WRAP Collaborative Partnership & Collections Options Modelling (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.12 arc21 Joint Committee Meeting – 29 June and 27 July 2017 (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.13 Britain in Bloom Awards 2018 (confidential due to information relating to the financial or business affairs of any particular person [including the Council holding that information)
4.1.14 Agency Staff
(confidential due to information which is likely to reveal the identity of an individual)
4.1.15 Rolling Year Absence Figures for Environmental Services (confidential due to information which is likely to reveal the identity of an individual)
5, Report from Director of Service Delivery (Regulated)
5.1 Environmental Services Trading Accounts – Period 4 5.2 Publication of Drinking Water Inspectorate’s Drinking Water Quality
Report 2016 5.3 Annual Planning Statistical Report Information 5.4 Letter from NI Housing Executive regarding Extinguishment of Public
Rights of Way at Gregg Street Mews, Lisburn, Order No 1, 2017 5.5 Report from Head of Service (Parks and Amenities)
5.5.1 Britain in Bloom - Hillsborough 5.5.2 Allotments 5.5.3 Green Flag Awards 5.5.4 Memorandum of Understanding – Cemetery Subsidy
5.6 Report from Head of Services (Technical and Estates) 5.6.1 Lisburn & Castlereagh City Council Draft NILAS Reconciliation 5.6.2 Northern Ireland Landfill Allowance Scheme 2016/17 5.6.3 Provisional Northern Ireland Local Authority Collected Municipal
Waste Management Statistics, January to March 2017 Publication 5.6.4 Northern Ireland Waste Compositional Analysis 2017 – Phase 1 5.6.5 Recycling Week 2017 5.6.6 DAERA ‘Social Web’ for Food Waste Project
5.7 Report from Head of Service (Environmental Health)
5.7.1 Consultation for Approval
5.7.1.1 Consultation on the Food Standards Agency Draft Food Hygiene (Amendment) Regulations (Northern Ireland) 2017
5.7.1.2 Consultation on Continuing Healthcare in Northern Ireland: Introducing a Transparent and Fair System
5.7.1.3 Consultation on the Dilapidated/Dangerous Buildings and Neglected Sites - Local Government Resource Costs
5.7.1.4 Consultation in relation to the Proposed Consolidated Public Drinking Water Regulations and the Proposed Consolidated Private Water Supplies Regulations
5.7.1.5 Consultation on the Draft Revised UK Air Quality Plan for Tackling Nitrogen Dioxide (Tackling Nitrogen Dioxide in our Towns and Cities)
5.7.2 Amendment to Council’s Scheme of Delegation 5.7.3 Food Control Service Plan 2017/2018 5.7.4 Car Parking – Traffic Attendants’ Daily Visits 5.7.5 Consultation for Noting
5.7.5.1 Consultation on Proposals for the Freight Containers (Safety Convention) Regulations (Northern Ireland) 2018
5.7.5.2 Consultation on Proposals for the Ionising Radiations Regulations (Northern Ireland) 2017
5.7.6 The Resurgam Trust South Eastern Zone Project 5.7.7 Health and Well-Being
5.7.7.1 Tobacco Control
5.7.7.2 Home Safety 5.7.8 The Local Government (Miscellaneous Provisions) (Northern
Ireland) Order 1985 – Article 3 Licensing of Places of Entertainment – Renewal of Licence
5.7.9 The Petroleum Consolidation (NI) Act 1929 – Petroleum Licences Issues
5.7.10 The Licensing (Northern Ireland) Order 1996 – Liquor Licence Applications
5.7.11 Betting and Gaming (Northern Ireland) Order 2005: Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985: Article 114 – Amusement Permits Issued
5.7.12 Fly-Tipping – Partnership Working – Belfast Hills, Hannahstown and Dundrod Areas
5.7.13 Abandoned Vehicles 5.7.14 The Litter (Northern Ireland) Order 1994
5.7.14.1 Fixed Penalty Notices 5.7.14.2 Prosecution Outcomes
5.7.15 The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 – Roads Closure
5.7.16 Noise Complaint Statistics – 2016/2017 5.7.17 Air Quality Progress Report 2017 5.7.18 The Safety Advisory Group Minutes
5.8 Report from Acting Head of Service (Operational Services)
5.8.1 Service Update: Refuse Collection 5.8.2 Cleansing Services: Illegal Dumping Update
5.9 Report from Head of Service (Building Control)
5.9.1 Street Naming off Old Dundonald Road, Dundonald 5.9.2 Street Naming off Hillsborough Road, Lisburn 5.9.3 Energy Performance of Buildings (Certificates and Inspections)
Regulations 5.9.4 Building Control Applications – Full Plan Applications and
Regularisation Certificates 5.9.5 Department of Finance – Completion Notice Ready Report to
Land & Property Services 5.9.6 Department for Communities (DfC) – Affordable Warmth Project 5.9.7 Update on Geographical Information (GI) Projects
6. Any Other Business
ooOOoo
To: Members of Lisburn & Castlereagh City Council
ES 07.06.2017
535
LISBURN & CASTLEREAGH CITY COUNCIL
Minutes of the Meeting of the Environmental Services Committee held in the Island Civic Centre, The Island, Lisburn, on Wednesday, 7 June, 2017 at 5:30 pm PRESENT:
Councillor J Baird (Chairman) Aldermen T Jeffers and J Tinsley Councillors N Anderson, A Givan, J Gray MBE, H Legge, B Mallon, T Morrow and L Poots,
IN ATTENDANCE:
Alderman D Drysdale Councillor O Gawith Director of Environmental Services Head of Service (Technical and Estates) Head of Service (Operational Services). Head of Service (Parks & Amenities) Head of Service (Environmental Health) Member Services Officer
Commencement of Meeting The Chairman, Councillor J Baird, welcomed everyone to the June meeting of the Environmental Services Committee. 1. Apologies It was agreed to accept apologies for non-attendance at the meeting on behalf of the Right Worshipful the Mayor, Councillor RB Bloomfield, Alderman M Henderson and Councillor A McIntyre. 2. Declarations of Interest The Chairman invited Members to declare any Conflicts of Interest they might have in relation to the business of the meeting and reminded them of the requirement to complete Declaration of Interest forms in this regard, which had been provided at the meeting. No Declarations of Interest were received. (Councillor T Morrow arrived at 5.33 pm)
ES 07.06.2017
536
3. Minutes of the Environmental Services Committee Meeting held on 3 May 2017
It was proposed by Councillor N Anderson, seconded by Councillor B Mallon, and agreed that the minutes of the meeting of the Environmental Services Committee held on 3 May 2017, as adopted at the meeting of Council held on 23 May 2017, be confirmed and signed. 4. Report from the Director of Environmental Services
4.1 Additional Verbal Report from the Director of Environmental Services
4.1.1 WRAP Seminar, Templepatrick, 22 June 2017 The Committee was advised that WRAP (Waste and Resources Action Programme) was organising a regional seminar on kerbside collection arrangements to take place in the Hilton Hotel, Templepatrick, on 22 June 2017. It was proposed by Councillor N Anderson, seconded by Councillor B Mallon, and agreed to recommend that seminar information be circulated to all Members of Council and that any interested Member be asked to contact Member Services before 15 June 2017, which was the deadline for registration.
Items for Noting
It was proposed by Councillor B Mallon, seconded by Councillor H Legge, and agreed that the following items (Item 4.2 to 4.5) be noted.
4.2 Environmental Services Trading Accounts – Period 1
Members were provided with copy and noted the Environmental Services Trading Accounts for Period 1.
4.3 Draft Information Sharing & Inspection Protocol
The Committee was provided with and noted copy of the Draft Information Sharing & Inspection Protocol from the NI Environment Agency. (Councillor L Poots arrived at 5.38 pm) 4.4 Keep Northern Ireland Beautiful - National Benchmarking Report
The Committee was provided with copy and noted the National Benchmarking Report issued by Keep Northern Ireland Beautiful entitled ‘Live Here Love Here. Northern Ireland’s Local Environmental Quality 2016-2017’. 4.5 2017 Balmoral Show The Committee was provided with copy and noted a letter from NILGA expressing sincere appreciation to the Council team for the excellent input to the Ulster in Bloom exhibition stand within the Healthy Horticulture area of this year’s Balmoral Show.
ES 07.06.2017
537
4.6 Report from Head of Service (Parks & Amenities)
Item for Decision
4.6.1 Review of Cemeteries – Rules & Regulations (Councillor A Givan arrived at 5.47 pm) Members considered the report as outlined detailing a number of operational and risk management needs that had been identified in relation to the following:
In-fill of sunken graves Memorial benches Astro-turf
It was proposed by Alderman T Jeffers, seconded by Councillor N Anderson and agreed to recommend that Council approve the review of the Cemeteries Rules and Regulations as recommended in the officer’s report. It was further agreed that plaques removed from memorial benches that had fallen into disrepair should be placed on display at the cemetery. Items for Noting It was proposed by Councillor J Gray, seconded by Councillor H Legge, and agreed that the following items (Item 4.6.2 to 4.6.3) be noted.
4.6.2 Sunday Burials The Committee noted an ongoing review of cemetery services and, in particular, an operational review of Sunday burial services. It was noted that, following consultation with local funeral directors, a further report outlining options for the service would be brought back to Committee for consideration. (Alderman D Drysdale arrived at 5.54 pm)
4.6.3 Britain in Bloom 2018 The Committee noted that the Council had been unsuccessful in its bid to
host the 2018 Britain in Bloom competition.
4.7 Report from Head of Service (Technical and Estates)
Item for Decision
4.7.1 Northern Ireland Recycling Performance: WRAP Collaborative Partnership
Members were reminded that the Council had agreed to enter into a collaborative partnership with WRAP (Waste and Resources Action Programme) and the Committee was provided with copy of the Collaboration Agreement.
ES 07.06.2017
538
4.7.1 Northern Ireland Recycling Performance: WRAP Collaborative
Partnership (Contd)
It was noted that the Committee had been granted delegated authority to deal with this matter.
It was proposed by Councillor N Anderson, seconded by Councillor T Morrow, and agreed to approve that the Collaboration Agreement between the Council and WRAP be signed under Seal of the Council. Items for Noting It was proposed by Alderman T Jeffers, seconded by Councillor B Mallon, and agreed that the following items (Item 4.7.2 to 4.7.4) be noted.
4.7.2 Waste Management Communications Plan 2017/18
The Committee was provided with copy and noted the Waste Management Communications Plan 2017/18.
4.7.3 Members’ Kerbside Collection Study Visit to Merthyr Tydfil and
Blaenau Gwent Councils
The Committee was provided with copy of the visit briefing paper in relation to the Kerbside Collection Study Visit to Merthyr Tydfil and Blaenau Gwent Councils that had taken place on 15-17 May 2017. (Alderman J Tinsley arrived at 6.00 pm) The Committee noted that there would be an opportunity to consider the information gathered during the visit along with a range of options available for kerbside collections at a Members’ workshop to be held in July. It was agreed that officers be asked to investigate 25 or 26 July as possible dates for the workshop and to finalise arrangements.
4.7.4 Provisional Northern Ireland Local Authority Collected Municipal
Waste Management Statistics, October to December 2016
The Committee noted that the Provisional Northern Ireland Local Authority Collected Municipal Waste Management Statistics, October to December 2016 had been issued by the Department of Agriculture, Environment and Rural Affairs in April 2017. (Councillor N Anderson left briefly and returned at 6.07 pm) 4.8 Report by Head of Service (Environmental Health)
Items for Decision
ES 07.06.2017
539
4.8.1 Consultation for Approval 4.8.1.1 Consultation on Proposals for the Draft Food Hygiene Rating
(Online Display) Regulations (Northern Ireland) 2016
(Councillor O Gawith arrived at 6.13 pm) The Committee was provided with copy of comments drafted by officers in relation to secondary legislation required to implement the Statutory Hygiene Rating Scheme established by the Food Hygiene Rating Act (Northern Ireland) 2016.
It was proposed by Councillor B Mallon, seconded by Councillor T Morrow, and agreed to recommend that Council approve the submission of these comments to the Food Standards Agency in Northern Ireland by the closing date for response of 14 July 2017.
4.8.2 Emergency Planning - Mutual Aid Protocols
Members were advised that, prior to the Review of Public Administration, local government had agreed several Mutual Aid Protocols and Memorandums of Understanding to assist with responding to emergencies. The Committee was provided with copy of the protocols. It was proposed by Councillor T Morrow, seconded by Councillor B Mallon, and agreed to recommend that Council approve the following Emergency Planning Mutual Aid Protocols:
District Council Mutual Aid Protocol Memorandum of Understanding for Epizootic Disease Between Department
of Agriculture, Environment and Rural Affairs (DAERA) and Lisburn & Castlereagh City Council
Northern Ireland Housing Executive Call-Off Contract Protocol
Items for Noting
It was proposed by Councillor J Gray, seconded by Councillor B Mallon, and agreed that the following items (Item 4.8.3 to 4.8.11) be noted.
4.8.3 Houses of Multiple Occupation – Pending Transfer from the Department for Communities to Local Government
The Committee was provided with copy and noted a briefing report on current discussions with Environmental Health Northern Ireland (EHNI) regarding the pending transfer of responsibility for Houses of Multiple Occupation from the Department for Communities (DfC) to local government. (Councillor B Mallon left at 6.14 pm and returned at 6.16 pm; Alderman D Drysdale left at 6.17 pm)
ES 07.06.2017
540
4.8.4 Eastern Emergency Preparedness Group Plan Development Members were reminded that the Council participated in the Emergency Planning Multi-Agency Planning Forum, Eastern Emergency Preparedness Group (EEPG). The Committee was provided with copy report on the EEPG’s Emergency Response Framework and the Public Information Media Plan and noted that both plans had been included in the recent review of Lisburn & Castlereagh City Council’s Emergency Plan.
4.8.5 Animal Welfare – Annual Report
The Committee was provided with copy and noted the Annual Report documenting the activities of the Animal Welfare Service within the Council area during 2016–2017. (Alderman D Drysdale returned at 6.20 pm; Councillor T Morrow left at 6.21 pm)
4.8.6 Online Dog Licensing System The Committee noted an update report regarding the online dog licensing system and, in particular, that the Council had the highest uptake for online licensing with 49% of applications being processed online.
4.8.7 Local Authority Enforcement Monitoring System (LAEMS)
The Committee noted an update report in relation to the Food Hygiene and Food Standards data submitted to the Food Standards Agency via the Local Authority Enforcement Monitoring System (LAEMS).
4.8.8 Joint Health and Safety Executive for Northern Ireland/District Council Enforcement Initiative – Slips, Trips and Falls from Height
The Committee noted a joint enforcement initiative between the Health and Safety Executive for Northern Ireland and District Councils in relation to slips, trips and falls from height.
4.8.9 Health and Well-Being
4.8.9.1 Tobacco Control – Test Purchasing Exercise The Committee noted a report in relation to the test purchasing exercise for tobacco products carried out on 11 May 2017, in which 18 premises in the Council area had been tested with 5 failing the test.
4.8.10 The Safety Advisory Group Minutes The Committee was provided with copy and noted the minutes of the Safety Advisory Group meetings held on 26 April 2017 and 17 May 2017.
ES 07.06.2017
541
Additional Verbal Report by Head of Service (Environmental Health)
4.8.11 Litter Related Offences and Fly-Tipping
The Committee noted that officers were progressing the issue of press releases in respect of litter related offences and the use of overt surveillance in respect of fly-tipping and a further report on these matters would be brought to a future Committee meeting.
4.9 Report by Head of Service (Operational Services) Items for Noting
It was proposed by Councillor N Anderson, seconded by Councillor H Legge, and agreed that the following items (Item 4.9.1 to 4.9.3) be noted.
4.9.1 Service Update: Refuse Collection
The Committee was provided with copy of refuse collection data and noted the refuse collection service update.
4.9.2 Cleansing Services: Illegal Dumping Update The Committee was provided with copy and noted illegal dumping statistics for April 2017.
4.9.3 Department of Infrastructure (DoI): Service Level Agreement (SLA) Litter Collection Arrangements at Moira, Aghalee and Broadwater
The Committee noted the SLA arrangement with the Department of Infrastructure for the servicing of litter bins at Moira Train Station, Aghalee and Broadwater.
5. Confidential Business It was agreed that the report and recommendations of the Director of Environmental Services be adopted, subject to any decisions recorded below. The Chairman, Councillor J Baird, advised that the matters contained in the confidential report would be dealt with “In Committee” for the following reasons:
Item 5.1: Confidential due to information relating to financial or business affairs of the organisation concerned [including the Council holding that information Item 5.2: Confidential due to information relating to financial or business affairs of the organisation concerned (including the Council holding that information) Item 5.3: Confidential due to information in relation to which a claim to legal professional privilege could be maintained in legal proceedings Item 5.4: Confidential due to information relating to financial or business affairs of the organisation concerned [including the Council holding that information
ES 07.06.2017
542
Item 5.5: Confidential due to information which is likely to reveal the identity of an individual
Item 5.6: Confidential due to information which is likely to reveal the identity of an individual
“In Committee”
It was proposed by Councillor N Anderson, seconded by Councillor J Gray, and agreed that the following matters be considered “in committee”, in the absence of members of the press and public.
Items for Decision
5.1 Amenity/Bulky Collection Service (Alderman D Drysdale left the meeting at 6.57 pm and returned at 6.58 pm) The Committee was provided with copy a paper outlining options to address the current lead time in respect of the amenity/bulky collection service. Following discussion, officers were asked to bring back to Committee a more detailed report focussing on Options 2 and 3 and including the financial model to support each option. (Councillor O Gawith left at 7.03 pm; Alderman D Drysdale left at 7.05 pm and returned at 7.09 pm)
5.2 Replacement of Amenity and Fine Turf Equipment Members were reminded that the Committee had been given delegated authority to consider and approve this item.
It was proposed by Councillor L Poots, seconded by Councillor H Legge and agreed to approve the tenders for the replacement of Amenity and Fine Turf Equipment as set out in the officer’s tabled report and subsequent progression to procurement. Items for Noting
It was agreed that the following items (Items 5.3 to 5.6) be noted. 5.3 Legal Proceedings Update – Nutts Corner Motorsports Centre. The Committee noted a report in relation to the Nutt’s Corner Motorsports Centre legal case. (Alderman D Drysdale and Councillor A Givan left at 7.23 pm)
ES 07.06.2017
543
5.4 arc21 Joint Committee Meeting – Thursday 25 May
The Committee was provided with a copy email and noted the cancellation of the May Joint Committee meeting and that the next meeting would be on Thursday 29 June 5.5 Agency Staff The Committee noted that this information would form part of the overall report going to Corporate Services and for this reason would not be presented in June to Environmental Services. 5.6 Rolling Year Absence Figures for Environmental Services
The Committee was provided with and noted details of the rolling year absence figures for the period April 2015 to April 2017 together with the monthly absence figures for the period April 2016 to April 2017. (Councillor B Mallon left at 7.25 pm)
Resumption of Normal Business
It was proposed by Councillor N Anderson, seconded by Councillor H Legge, and agreed to come out of committee and normal business was resumed. 6. Any Other Business
6.1 Tree Planting Sponsorship – Head of Service (Parks & Amenities) The Committee was advised that, in a philanthropical act, a family from the Lisburn area had indicated their wish to fund tree planting within the Council area. It was noted that officers would liaise with the family to clarify issues such as scale, type and location of planting and a more detailed report on the matter would be brought back to Committee. 6.2 Chairman’s Farewell – Councillor J Baird
Councillor J Baird indicated that this was his final meeting as Chairman of the Committee and thanked both Members and officers for their support throughout the year. Members in turn thanked Councillor Baird for his effective chairmanship of meetings.
There being no further business, the meeting was terminated at 7.29 pm. Mayor/Chairman
1
LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY DIRECTOR OF SERVICE DELIVERY (REGULATED) PURPOSE AND BACKGROUND
The purpose of this report is to set out for Members’ consideration a number of recommendations relating to the operation of the Council. The following items are for noting: 1. It is recommended that Members note the Period 4 trading position.
2. It is recommended that Members note the email in relation to Publication of
Drinking Water Inspectorate's Drinking Water Quality Report 2016, which has been received from the DAERA
3. It is recommended that Members note the Annual Planning Statistical Report Information.
4. It is recommended that Members note the letter received from the NI Housing Executive in relation to the Extinguishment of Public Rights of Way at Gregg Street Mews, Lisburn, Order No 1, 2017.
5. It is recommended that Members consider the report from the Head of Service (Parks and Amenities).
6. It is recommended that Members consider the report from the Head of Service (Technical and Estates).
7. It is recommended that Members consider the report from the Head of Service (Environmental Health).
8. It is recommended that Members consider the report from the Acting Head of Service (Operational Services).
9. It is recommended that Members consider the report from the Head of Service (Building Control).
2
ITEMS FOR NOTING
1 ENVIRONMENTAL SERVICES TRADING ACCOUNTS – PERIOD 4 Attached in Appendix 1 for Members’ information is a copy of the Period 4 trading accounts. Members will be aware that monthly budget control meetings take place with Corporate Services where detailed analysis of committed budgets and variance is carried out. Each unit Head of Service attends the meetings with the Director. Recommendation It is recommended that Members note the Period 4 trading position.
2 PUBLICATION OF DRINKING WATER INSPECTORATE’S DRINKING WATER QUALITY REPORT 2016 Attached in Appendix 2 for Members’ information is an email from the DAERA in relation to the Publication of Drinking Water Inspectorate's Drinking Water Quality Report 2016 Recommendation It is recommended that Members note the email from DAERA.
3 ANNUAL PLANNING STATISTICAL REPORT INFORMATION Attached in Appendix 3a for Members information is a report on Planning Activity during 2016/2017 and attached in Appendix 3b is the Performance Tracker. Recommendation It is recommended that Members note the Annual Planning Statistical Report information.
4 LETTER FROM NI HOUSING EXECUTIVE REGARDING EXTINGUISHMENT OF PUBLIC RIGHTS OF WAY AT GREGG STREET MEWS, LISBURN, ORDER NO 1, 2017 Attached in Appendix 4 is a letter from NI Housing Executive regarding Extinguishment of Public Rights of Way at Gregg Street Mews, Lisburn, Order No 1, 2017.
3
The Operational Services Department have confirmed that residents that live in the bungalows beside the right of way would still need access to pull their bins out from the rear of their premises. If the residents have an assisted lift service (pull out of bin from rear of premises to presentation point and return to premises after collection) then Council staff would require access to the rear of the premises. Street cleansing staff would also require access to clean the footpath to the rear of the premises. Recommendation It is recommended that Members note the letter from NIHE and that the comments be returned in respect of operational needs.
5 REPORT FROM HEAD OF SERVICE (PARKS AND AMENITIES) Attached in Appendix 5 for Members’ information is the report from the Head of Service (Parks and Amenities) in respect of items under his remit. Recommendation It is recommended that Members consider the report from the Head of Service (Parks and Amenities).
6 REPORT FROM THE HEAD OF SERVICE (TECHNICAL AND ESTATES) Attached in Appendix 6 for Members’ information is the report from the Head of Service (Technical and Estates) in respect of items under his remit. Recommendation It is recommended that Members consider the report from the Head of Service (Technical and Estates).
7 REPORT FROM HEAD OF SERVICE (ENVIRONMENTAL HEALTH) Attached in Appendix 7 for Members’ information is the report from the Head of Service (Environmental Health) in respect of items under his remit.
Recommendation It is recommended that Members consider the report from the Head of Service (Environmental Health).
4
8 REPORT FROM ACTING HEAD OF SERVICE (OPERATIONAL SERVICES) Attached in Appendix 8 for Members’ information is the report from the Head of Service (Operational Services) in respect of items under his remit. Recommendation It is recommended that Members consider the report from the Head of Service (Operational Services).
9 REPORT FROM HEAD OF SERVICE (BUILDING CONTROL) Attached in Appendix 9 for Members’ information is a report from the Head of Services (Building Control) in respect of items under his remit.
HEATHER M MOORE DIRECTOR OF SERVICE DELIVERY (REGULATED) 30 August 2017
Appendix 1
Environmental Services - April 2017 to March 2018Month:- Jul-17
Department Annual Budget Total Actual Total Budget to date & Committed Variance
Expenditure:
Director's Office 587,169 298,631 295,026 (3,605)
Environmental Health 3,595,375 1,347,165 1,227,320 (119,845)
Technical & Estates 9,498,863 3,131,299 3,104,327 (26,972)
Operational Services 6,986,934 2,380,154 2,421,917 41,763
Parks 3,251,828 1,014,105 1,051,171 37,066
Building Control 1,390,264 456,624 423,586 (33,038)
Planning 1,914,850 656,230 636,833 (19,397)
Total Expenditure: 27,225,283 9,284,208 9,160,180 (124,028)
Income:
Director's Office - - - -
Environmental Health (1,534,810) (339,461) (289,937) 49,524
Technical & Estates (635,850) (425,990) (435,361) (9,371)
Operational Services (3,400) (1,567) (3,026) (1,459)
Parks (298,000) (96,333) (97,976) (1,643)
Building Control (1,083,244) (359,039) (379,190) (20,151)
Planning (2,079,000) (751,165) (727,859) 23,306
Total Income: (5,634,304) (1,973,555) (1,933,349) 40,206
Overall Net Position:
Director's Office 587,169 298,631 295,026 (3,605)
Environmental Health 2,060,565 1,007,704 937,383 (70,321)
Technical & Estates 8,863,013 2,705,309 2,668,966 (36,343)
Operational Services 6,983,534 2,378,587 2,418,891 40,304
Parks 2,953,828 917,772 953,195 35,423
Building Control 307,020 97,585 44,396 (53,189)
Planning (164,150) (94,935) (91,026) 3,909
Net Overall Position 21,590,979 7,310,653 7,226,831 (83,822)
Single Status costs funded from reserves 162,083 162,083
Total Net Overall Position 21,590,979 7,310,653 7,388,914 78,261
Appendix 2 From: O'Neill, David [mailto:David.O'Neill@daera‐ni.gov.uk] Sent: 17 August 2017 15:02 To: [email protected]; [email protected]; [email protected]; [email protected]; Bryan Edgar; Seamus Donaghy; [email protected]; Heather Moore; [email protected]; [email protected]; [email protected]; [email protected] Subject: Publication of Drinking Water Inspectorate's Drinking Water Quality Report 2016 Hello Please find below a link to DWI’s Drinking Water Quality Report for 2016, which is published today. https://www.daera‐ni.gov.uk/publications/drinking‐water‐quality‐northern‐ireland There are no printed copies of the report being produced this year. This report provides an independent assessment of drinking water quality in Northern Ireland for both public and private supplies. You would have already received the Drinking Water Quality Report 2016 containing water quality data specifically relating your Council area directly from NI Water in July of this year. I would encourage you to report the findings of this report together with your specific area statistics to Council to provide a full picture of how the local area statistics relate to the overall drinking water quality in Northern Ireland. I would also encourage you to provide a link to the NI Water statistics on your Council website. Please contact myself or David O’Neill (tel: 028 9056 9243) for any further briefing, if required. Regards,
Chief Inspector Drinking Water Inspectorate for NI 028 90569294 Northern Ireland Environment Agency Klondyke Building Gasworks Business Park Lower Ormeau Road Belfast BT7 2JA
Report on Planning Activity during 2016/17 business year Appendix 3a
1
1.0 Purpose 1.1 The purpose of this report is to provide detail of year end planning statistics
relative to Lisburn & Castlereagh City Council.
1.2 The report relies upon data captured within the 2016/17 Annual Statistical
Bulletin produced by the Department of Infrastructure (DfI).
2.0 Background 2.1 The Department of Infrastructure (DfI) published its Northern Ireland Annual
Statistical Bulletin for 2016/17 on 29 June 2017.
2.2 The data provides an overall view of planning activity across the north of
Ireland. It also provides detail of Council performance in respect of the
Development Management statutory targets for major and local development
applications as laid out in the Local Government (Performance Indicators and
Standards) Order (Northern Ireland) 2015.
2.3 The DM statutory targets are as follows:
Major development applications will be processed from the date valid to
decision issued or withdrawal date within an average of 30 weeks.
Local development applications will be processed from the date valid to
decision issued or withdrawal date within an average of 15 weeks.
3.0 Detail 3.1 The Annual Statistical Bulletin produced by DfI provides detail on planning
activity associated with the following areas:
Overall Planning Activity
- Applications Received
- Applications Decided
- Approval Rates
- Live Applications
Major Development Planning Applications
Local Development Planning Applications
Development Type
Report on Planning Activity during 2016/17 business year Appendix 3a
2
4.0 Overall Planning Activity
4.1 The Annual Statistical Bulletin 2016/17 indicates that across the planning
network, the number of planning application received increased by 6.7% on last
year.
Applications Received
4.2 Within Lisburn & Castlereagh City Council, 1016 applications were received (10
of which fell within the major category of development). This represents a 3.7%
increase when compared with numbers received last year.
4.3 Applications received broken down by Quarter are reflected in the chart below.
4.4 141 applications were received for outline (O) planning permission and 734
received for full (F) planning permission. These applications were associated
with the following Types of development:
Development Type Received (O or F)
Residential 635
Commercial 34
Industrial 9
Mixed Use 18
Civic 72
Change of Use 43
Agricultural 13
Other 51
315
224225
252
Applications Received (2016/17) broken down by Quarter
Q1 Q2 Q3 Q4
Report on Planning Activity during 2016/17 business year Appendix 3a
3
Applications Decided
4.6 In the 2016/17 business year, 1038 decisions were issued. This compared with
842 decisions issued during the 2015/16 business year representing a 23.3 %
increase.
4.7 Figures captured within the 2016/17 Annual Statistical Bulletin indicate that 987
applications were approved compared with a figure of 788 for the last business
year. Decisions issued were associated with the following Development Types.
Development Type Decisions Issued
Residential 693
Commercial 37
Industrial 11
Mixed Use 18
Civic 86
Change of Use 44
Agricultural 15
Other 149
4.8 The Annual Statistical Bulletin indicates that four of the 11 Councils issued more
decisions that they received applications. Lisburn & Castlereagh City Council
issued 2.2% more decisions than applications received.
4.9 The report acknowledges that in additional to processing planning applications,
the Council dealt with a range of other planning related work. During 2016/17, it
processed to decision or withdrawal 37 certificates of lawfulness, 35 non material
change applications, 13 discharge of condition requests. Compared with figures
captured last year, numbers increased across all these work areas during the
reporting period.
Approval Rates
4.10 The Annual Statistical Bulletin indicates that the overall Northern Ireland approval
rate for all planning applications for 2016/17 was 94.0%, which was similar to the
rate last year.
Report on Planning Activity during 2016/17 business year Appendix 3a
4
4.11 Approval rates varied across Councils. The approval rate for Lisburn &
Castlereagh City Council year end was 95.1%. The trend over the 4 quarters is
reflected in the chart below.
Live Applications
4.12 At the end of March 2017, there were 6785 live applications in the planning
system which represents a 7.9% decrease compared with the 7366 figure
captured at the end of March 2016.
4.13 The report indicated that nearly 1 out of every 5 live applications fell was over 1
year old.
4.14 The total number of live applications within LCCC at the end of March 2017 was
653. Last year, the figure as of the end of March 2016 was 711. The breakdown
of live applications by length of time in the system is reflected in the chart below.
92.5
93
93.5
94
94.5
95
95.5
96
96.5
97
App
rova
l Rat
eLCCC Approval Rates - 2016/17
Q1 Q2 Q3 Q4 Year End
Report on Planning Activity during 2016/17 business year Appendix 3a
5
4.15 A legacy planning application has traditionally been referred to as an application
that is older than 12 months. Applications can move into the ‘legacy category’ for
a variety of reasons such as:
Quality of Applications submitted
Inadequate Surveys/Technical Reports
Change in Staff/Team Structures
Applications that have been deferred to allow for further information to be
submitted
Further information requests from statutory consultees
Requests by Applicants/Agents to hold applications
Strong third party representations
Legal implications (Judicial Reviews/Article 40 Agreements)
4.17 Legacy Applications in respect of those received prior to transfer have
significantly reduced during the reporting period from approximately 128 to 48.
5.0 Major Development Planning Applications
5.1 The Annual report acknowledged that Major developments have important
economic, social and environmental implications. The number of major
applications received across the planning network during 2016/17 was 142 which
was broadly similar to numbers received last year.
5.2 Across the network, the number of major decisions issued compared with last
year was down by some 31.7%.
0
50
100
150
200
250
300
350
400
450
Q2 Q3 Q4 Year End
Live Applications by length of time in the system
1yr+ 6‐12mths < 6 mths
Report on Planning Activity during 2016/17 business year Appendix 3a
6
5.3 LCCC received 10 major applications which was 6 less than the number received
last year. 14 decisions issued in respect of major applications during the
reporting period which was 11 less than last year.
5.4 Average processing times across the Council network was noted in the Annual
Bulletin to be 68.8 weeks as slight increase on the 46.2 figure reported for last
year. No Council met the major processing target in 2016/17.
5.5 Average processing times for processing major applications in LCCC year end
was 73.4. The report acknowledged that 60% of the major applications
processed to a decision by LCCC were legacy applications resulting in lengthy
processing times. The oldest application was one from 2009. The report
indicates that 1 Major application was withdrawn during the reporting period.
This application was in system from 2014.
5.6 Approval rates for Major applications within LCCC registered in the Annual report
as being low with 78.6% being recorded compared with a Council wide rate of
91.1%.
6.0 Local Development Planning Applications
6.1 Local applications are typically residential and minor commercial applications.
The number of local applications received across the planning network during
2016/17 was 12,893 which was 6.6% increase on the numbers received last
year.
6.2 Across the network, the number of local decisions issued was 12764 which when
compared with last year was an increase of some 18.7%.
6.3 LCCC received 1006 local applications which was 42 more than the number
received last year. 1024 decisions issued in respect of local applications during
the reporting period which was 207 more than the number issued last year. In
LCCC, there were more local decisions issued than local applications received.
6.4 Average processing times across the Council network was noted in the Annual
Bulletin to be 16.2 weeks an improvement of 3.2 weeks compared with the 19.4
figure reported for last year. The shortest average processing time for local
applications was 9.0 weeks.
Report on Planning Activity during 2016/17 business year Appendix 3a
7
6.5 Average processing times for processing local applications in LCCC year end
was 22.4 a slight improvement on the 23 week processing time captured for the
2015/16 business year.
6.6 Approximately 82 of the 1024 local decisions issued fell into the legacy category,
the oldest application being a 2009 application. In addition, some 199
recommendations in respect of local applications were included on the weekly
delegated list for consideration by Members and of these, 46 applications were
‘Called In’ to the Committee for determination. 36 Local applications were
withdrawn during the reporting period, the oldest one being a 2010 application.
6.7 Approval rates for local applications within LCCC registered in the Annual report
as 95.3%, marginally higher that the Council wide rate of 94%.
7.0 Development Type
7.1 The annual report noted that generally, the majority of applications received were
for residential developments. It also notes that nearly 7 out of every 10
applications (67.8%) received in Lisburn & Castlereagh were for residential
development.
7.2 Numbers received and decided with LCCC by Development Type are set out in
tables in section 4 above.
Appendix 3b
Development Management Performance Tracker For Internal Purposes only
Live Applications
Application Category 01-Apr-16 01-May-16 01-Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17
Major 39 31 30 30 27 28 29 30 30 29 28Local 666 731 766 760 752 690 681 679 669 664 630Total 705 766 803 800 789 725 711 710 700 692 658
* First Monday of the month
Applications Received and Decisions Issued
April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar TotalPlanning Applications Validated (Received) 97 103 127 89 93 73 73 86 82 96 72 100 1091
Local 97 102 126 88 91 73 71 86 80 96 72 98 1080Major 0 1 1 1 2 0 2 0 2 0 0 2 11
Planning Decisions Issued 79 132 76 56 82 102 118 114 81 87 93 115 1135Approval 75 129 72 51 80 100 110 105 72 79 88 111 1072Refusal 4 3 4 5 2 2 8 9 9 8 5 4 63Major 1 2 1 2 1 3 0 1 1 0 1 1 14Local 78 130 75 54 81 99 118 113 80 87 92 114 1121
Legacy Application April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar144 159 155 157 155 154 144 146 143 146 146 150
Post Transfer 16 34 41 54 59 67 66 76 83 90 95 102Pre Transfer 128 125 114 103 96 87 78 70 60 56 51 48
Listed Buildings April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar
Applications Received 2 1 0 0 1 2 0 0 0 2 2 3Notifications to Department 0 1 0 0 1 1 2 0 1 1 1 2
Development Management Performance Tracker For Internal Purposes onlyDecisions Issued 0 1 0 0 1 1 2 1 1 1 2
Conservations Consents April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar
Applications Received 0 0 1 1 0 0 0 0 1 0 1 4
Notifications to Department 1 1 1 1Decisions Issued 1 1 1 1
Proposal of Application Notices (PAN) April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Total
Total 0 1 1 3 0 2 0 0 0 2 3 2 14
PADs April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Total
Total 4 4 8 8 7 2 2 7 7 3 8 5 65
CLUDs (received) April May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Total
Received 0 3 6 2 2 5 5 0 1 3 2 2 31Decided 1 7 0 3 2 4 4 5 4 2 3 2 37
Source: Internal MIS Reports
1
Appendix 5 LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY HEAD OF SERVICE (PARKS & AMENITIES) ON PARKS & OPEN SPACES PURPOSE AND BACKGROUND
The purpose of this report is to set out for Members’ consideration a number of recommendations relating to the operation of the Council. The following items are for decision: 1. It is recommended that Members nominate Member attendance at the Britain in
Bloom awards ceremony 2017 in Llandudno in north Wales from 27-28 October.
2. It is recommended that Members approve the engagement of a suitably
qualified consultancy to engage with the plot holders; present costed design options for capital improvements and oversee delivery of the development of the allotments.
The following items are for noting: 3. It is recommended that Members note the update on the Green Flag Awards.
4. It is recommended that Members note the intention to table an update on the
Cemetery Subsidy at the September Committee. ITEMS FOR APPROVAL 1. BRITAIN IN BLOOM - HILLSBOROUGH
Members are aware that Hillsborough took part in the Britain in Bloom – Champion of Champions with judging on 3 August. The event was very successful with excellent cross community support on the day and in the lead up to the judging, to ensure the village was in peak condition, despite the atrocious weather in the days before. The results will be announced at the 2017 Awards ceremony in Llandudno in north Wales on 27 October. The Council has been allocated 5 places for the event which entails a debrief session for the horticultural staff with the judges the following day. Members are asked to nominate Member attendance at the awards ceremony which should be mindful of the need to send officers to the debrief session.
2
Recommendation It is recommended that Members nominate Member attendance at the Britain in Bloom awards ceremony 2017 in Llandudno in north Wales from 27-28 October.
2. ALLOTMENTS
The Council's allotments beside Aberdelgy Golf Club have immense potential for development but sadly have lacked attention in recent years. The allotments are administered by Service Support (Corporate Services) but maintained by Grounds Maintenance. The allotments not only provide plot holders with a sustainable food source but play a crucial role in addressing physical and mental health issues, social and community engagement and present intergenerational opportunities.
Simple improvements are required such as toilet facilities, path and fence upgrades, a dedicated DDA accessible plot for use by CSAW programmes, additional water points and perhaps a shared space to shelter during inclement weather. With some imagination and resources, the allotments could easily be transformed into a much improved facility which in turn could be considered for Green Flag status. The allotment project is exactly the type of project which would attract funding from the likes of Alpha or PHA.
To ensure timely delivery of the project, Members are asked to approve the engagement of a suitably qualified consultancy to engage with the plot holders; present costed design options for capital improvements and oversee delivery of the project. Final approval of the business case will be sought from the Members before any capital is committed.
Recommendation
It is recommended that Members approve the engagement of a suitably qualified consultancy to engage with the plot holders; present costed design options for capital improvements and oversee delivery of the development of the allotments.
ITEMS FOR NOTING 3. GREEN FLAG AWARDS
Members are asked to note that the Council was successful in being awarded Green Flag status for both Wallace Park and Castle Gardens. The awards were presented at a ceremony to the Chairmen of Leisure & Community
3
Development Committee and the Environmental Services Committee and Deputy Mayor on 27 July in Bangor.
Next year, it is hoped to submit additional applications for Moat Park and Moira Demensne with the Allotments being considered in 2019. These will be pursued through the Leisure & Community Development Committee in due course.
Recommendation It is recommended that Members note the update on the Green Flag Awards.
4. MEMORANDUM OF UNDERSTANDING – CEMETERY SUBSIDY
Members will recall approving an MOU with Belfast City Council to implement an agreed subsidy for grave purchases and interments for residents of LCCC area wishing to use the cemetery services at Dundonald, Knockbreda or Roselawn Cemeteries.
Officers have met with their counterparts in BCC to review the administration and the financial impact to the Council of the MOU based on actual figures over the first quarter. Further meetings are planned before the Committee is due to meet in September and it is hoped to table a further update at that time.
Recommendation It is recommended that Members note the intention to table an update on the Cemetery Subsidy at the September Committee.
R J R GILLANDERS MBE HEAD OF SERVICE (PARKS & AMENITIES) 25 AUGUST 2017
Appendix 6
LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY HEAD OF SERVICE (TECHNICAL AND ESTATES) PURPOSE AND BACKGROUND The purpose of this report is to set out for Members’ consideration a number of recommendations relating to the operation of the Council. The following items are for noting: 1. It is recommended that Members note the draft NILAS reconciliation. 2. It is recommended that Members note the NI Landfill Allowance Scheme
2016/17 as detailed in the report. 3. It is recommended that Members note the publication of the provisional
Northern Ireland local authority collected municipal waste management statistics report for January to March 2017.
4. It is recommended that Members note the update on results of Phase 1
of the Northern Ireland Waste Compositional Analysis 2017 and implementation of the Council Contamination policy.
5. It is recommended that Members note activities planned for Recycling
Week. 6. It is recommended that Members note the information provided on the
DAERA ‘Social Web’ for food waste project.
FOR NOTING
1. LISBURN & CASTLEREAGH CITY COUNCIL DRAFT NILAS
RECONCILIATION
Attached under APPENDIX 1 TE is correspondence from NIEA providing details on the Draft Northern Ireland Landfill Allowances Scheme Reconciliation for Lisburn & Castlereagh City Council for 2016/17.
Members are advised that Lisburn & Castlereagh City Council landfilled 19,687 tonnes of biodegradable local authority collected municipal waste (BLACMW) equating to 100.2% utilisation of the 19,648 tonne allowance available for the scheme year. On this occasion, Lisburn & Castlereagh City Council has exceeded it allowance and will avail of the arc21
Transfer protocol. I attach under Appendix 2 TE letter from Director of Service Delivery - Regulated to the Northern Ireland Environment Agency, initiating the transfer protocol.
As part of the monitoring of the Regulations NIEA will be continuing with its audit schedule relating to the scheme year 2016/17, and therefore the draft reconciliation figures may be subject to change.
Recommendation
It is recommended that Members note the draft NILAS reconciliation.
2. NORTHERN IRELAND LANDFILL ALLOWANCE SCHEME 2016/17
Members will be aware that the Joint Committee has endorsed a NILAS Transfer Protocol and this has been agreed by all Councils within the arc 21 group.
The terms of the arc21 Transfer Protocol comprises:
Excess annual allowances to be collated and totalled at Group level (known as GEA - Group Excess Allowance);
GEA distributed amongst those constituent councils requiring additional allowances to meet their annual NILAS allocation;
Each council’s allocation from GEA shall be calculated in proportion to the population or utilising an alternative method duly agreed. Where applicable, the total amount to be transferred shall not exceed the total required to meet that council’s annual NILAS allocation. This step shall be repeated until either all constituent councils meet their annual NILAS allocation or the GEA has been exhausted; and
Thereafter, the formal transfer procedure outlined in Regulation 7 of the Landfill Allowance Scheme (NI) Regulations 2004 shall be complied with.
As previously mentioned in Item 1 for the 2016/17 scheme year Lisburn & Castlereagh City Council exceeded their annual allocation. The formal transfer procedure requires that any transfer request must be made to the NIEA before 30th September 2017.
In view of this information the NILAS Transfer Protocol was initiated whereby each of the other arc21 Councils which did not exceed their allowances contribute a proportion of their excess allowance to Lisburn & Castlereagh City Council. This process is administered by arc21.
I attach under APPENDIX 3 TE details of the transfer of allowances to the Council to enable it to meet 2016/17 NILAS requirements.
Recommendation
It is recommended that Members note NI Landfill Allowance Scheme 2016/2017 as detailed in the report.
3. PROVISIONAL NORTHERN IRELAND LOCAL AUTHORITY
COLLECTED MUNICIPAL WASTE MANAGEMENT STATISTICS, JANUARY TO MARCH 2017 PUBLICATION
The provisional Northern Ireland local authority collected municipal waste management statistics report for January to March 2017 was published on 27 July 2017 by the Department of Agriculture, Environment and Rural Affairs. This publication provides information on local authority collected municipal waste from household and non household sources and recycling and landfill rates in Northern Ireland. I attach a link to the Department of Agriculture, Environment and Rural Affairs website should Members wish to refer to the report.
https://www.daera-ni.gov.uk/publications/northern-ireland-local-authority-
collected-municipal-waste-management-statistics-january-march-2017
Recommendation
It is recommended that Members note the publication of the provisional Northern Ireland local authority collected municipal waste management statistics report for January to March 2017.
4. NORTHERN IRELAND WASTE COMPOSITIONAL ANALYSIS 2017 –
PHASE 1
Members are advised that a waste composition analysis project has been funded by the Department of Agriculture, Environment and Rural Affairs (DAERA) with the primary aim being to characterise the typical composition of household kerbside collected waste in Northern Ireland. In light of the Food Waste Regulations (Northern Ireland) 2015, the study will also allow DAERA and local authorities to gather information on household food waste generation in Northern Ireland.
RPS, working on behalf of WRAP, recently conducted analysis of various waste streams arising from the Lisburn & Castlereagh City Council area. This was Phase 1 of a two-phase study with initial findings as per the report attached at APPENDIX 4 TE.
Headline figures indicate that residual waste collected in landfill bins was composed of 24.8% (comingled recyclate collection do not accept glass) and 41.5% (source segregated recyclates collection, accepts glass) and 11.7% food waste.
Councils have been provided with primary level composition category data now. Secondary level composition category data, which is more detailed, will be provided after completion of the Phase 2 study which is scheduled to commence on Monday 4th September and run until the end of November 2017.
Initial results will be used in communications going forward as evidence of the need for a robust approach to contamination across bins. Landfill bins should not contain recyclable or compostable materials that a kerbside collection is provided for.
Members are further reminded that in line with the zero tolerance approach to contamination agreed by Council in January 2017 all bins containing unsuitable materials will receive a non collection/zero tolerance sticker. Implementation will commence from November onwards and is likely to be a phased approach. The sticker will provide contact details for the householder to use to contact the Waste Management Team for further advice and information, but will clearly state that in order for the bin to be emptied they will be required to remove the unsuitable materials and present the bin for collection on the next scheduled collection day. In cases where genuine mistakes have been made and were the householder cannot wait until their next scheduled collection day a one off ‘mop up’ collection service will be offered.
Recommendation
It is recommended that Members note the update on results of Phase 1 of the Northern Ireland Waste Compositional Analysis 2017 and implementation of the Council Contamination policy.
5. RECYCLING WEEK 2017
Members are advised that the following events and activities have been planned for Recycling Week which takes place between 25th September & 1st October 2017.
Council has partnered with W5 Belfast and organised six ‘Waste Watchers’ interactive shows at the Island Arts Centre Lisburn, on Tuesday 26th & Wednesday 27th September 2017. This free event will be offered to students at local schools within the Council area and follows on from the hugely successful ‘Waste Watchers’ event held during Compost Week on 9th May, which 200 students attended.
Waste recycling information will be communicated to the public via social media daily, from Monday to Friday during Recycling Week. Prizes will be on offer for tickets to council owned facilities such as the Lisburn
Leisureplex and Ice Bowl. Entry conditions for these prizes will include sharing Council Recycling posts via Facebook.
A new household recycling centre leaflet which includes details of what can be recycled at the three household recycling centres, a list of bring sites and details of the new Binformation App will be distributed from the household recycling centres during recycling week.
Officers have also been engaging with Central Government and WRAP regarding Phase 2 of food waste recycling communications. The main aim and objectives of phase 2 at present are:
Aim
To maintain the increase in engagement and participation achieved through the interventions of the communications campaign delivered during phase 1.
Objectives
To deliver a regional, single message food recycling campaign across Northern Ireland between September – December 2017
To encourage householders ongoing engagement and participation with local food recycling services through the provision of information between September – December 2017.
Officers will continue to engage and avail of opportunities to deliver a regional food waste recycling message. Billboard messages and other communications opportunities including the November publication of Citywide will also be used to communicate a message aimed at sustaining the use and presentation of brown bins for food waste recycling over the winter months, thus building on success of the initial ‘no food waste’ message.
Recommendation
It is recommended that Members note activities planned for Recycling Week.
6. DAERA ‘SOCIAL WEB’ FOR FOOD WASTE PROJECT
Members are advised that the Department of Agriculture, Environment & Rural Affairs (DAERA), in continuing their ongoing support to local councils regarding food waste recycling, are launching a social web platform that proactively promotes food waste information to citizens, using social media and digital marketing data, insights, tools and techniques. Its primary purpose is to inform, engage and influence the behaviour of citizens.
The goals of this project are:
to increase the amount of food that is properly recycled to inform and educate about the reasons for recycling to measure results on the ground to capture data for future communications and marketing to create engaging content that is relevant and results in behavioural
change to encourage participation by the citizen online
There will be a ‘social web’ website which will host and target citizens with its content, such as short articles, videos, polls and image galleries on food waste recycling as well as links to individual Council websites. The potential benefits for Councils include better targeting of messages, increasing the uptake of Council services, increasing engagement and contributing to meeting recycling targets.
Lisburn & Castlereagh City Council Officers have attended meetings with DAERA in relation to the Social Web, and have offered advice in the development of the project. Social web shall be operated by a digital marketing team. There will be no cost to the Council.
Recommendation
It is recommended that Members note the information provided on the DAERA ‘Social Web’ for food waste project.
A REYNOLDS HEAD OF TECHNICAL AND ESTATES 24 August 2017
APPENDIX 3 TE Northern Ireland Landfill Allowance Scheme 2016/17 NILAS Utilisation
Council 2016/17
Allocation (tonnes)
Actual BMW Landfilled
(tonnes)
Actual Amount as
% of Allocation
(%)
Antrim and
Newtownabbey BC
20,058 17,469
87.2%
Ards and North Down
BC
22,722 20,402 89.8%
Belfast CC 48,137 47,408 98.5%
Lisburn & Castlereagh
CC
19,648 19,687 100.2%
Mid and East Antrim
BC
19,579 19,167 97.5%
Newry, Mourne and
Down DC
25,036 5,389 21.5%
arc21 Total 155,180 129,582 83.5%
Population Proportions
Council Proportion by Population to be Transferred
(%)
Antrim and Newtownabbey BC 14.8%
Ards and North Down BC 16.7%
Belfast CC 35.6%
Mid and East Antrim BC 14.4%
Newry Mourne and Down DC 18.5%
Total 100%
Allowance Transfer
Council Amount of Excess Allowance
to be Transferred to Ards (tonnes)
Antrim and Newtownabbey BC 16
Ards and North Down BC 17
Belfast CC 24
Mid and East Antrim BC 16
Newry Mourne and Down DC 18
The final definitive amount required may slightly vary from the indicative amounts required and therefore a small tolerance has been built into each amount to be transferred to allow for any such slight variations.
Appendix 7 LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY HEAD OF SERVICE (ENVIRONMENTAL HEALTH) PURPOSE AND BACKGROUND The purpose of this report is to set out for Members’ consideration a number of recommendations relating to the operation of the Council. The following items are for decision: 1.1 It is recommended that Members grant approval in relation to the comments on the
Food Standards Agency Consultation on the draft Food Hygiene (Amendment) Regulations (Northern Ireland) 2017.
1.2 It is recommended that Members approve the response in relation to the
Consultation on Continuing Healthcare in Northern Ireland: Introducing a Transparent and Fair System.
1.3 It is recommended that Members approve the comments for submission to the
Department of Agriculture, Environment and Rural Affairs in relation to the Consultation on Dilapidated/Dangerous Buildings & Neglected Sites – Local Government Resource Costs.
1.4 It is recommended that Members grant retrospective approval in relation to the
comments on the Consultations from the Department of Agriculture, Environment and Rural Affairs in relation to the Proposed Consolidated Public Drinking Water Supplies Regulations and the Proposed Consolidated Private Water Supplies Regulations.
1.5 It is recommended that Members grant retrospective approval in relation to the
comments on the Consultation from the Department of Agriculture, Environmental and Rural Affairs in relation to the Draft Revised UK Air Quality Plan for Tackling Nitrogen Dioxide (Tackling Nitrogen Dioxide in our Towns and Cities).
2 It is recommended that Members approve the addition of the Consumer Rights Act
2015 and The Criminal Justice and Police Act 2001 to Appendix B of the Council’s Scheme of Delegation.
3 It is recommended that Members approve the content of the Food Control Service
Plan for 2017/2018 in terms of the service to be provided. 4 It is recommended that Members approve the introduction of a pilot scheme to
reduce the number of visits to the 6 named car parks within the Lisburn & Castlereagh City Council area to 3 visits per day for a 6 month period to be reviewed at the end of this time to determine overall effectiveness.
The following items are for noting: 5.1 It is recommended that Members note the report in relation to the Consultation on
Proposals for the Freight Containers (Safety Convention) Regulations (Northern Ireland) 2018.
5.2 It is recommended that Members note the report in relation to the Consultation on Proposals for the Ionising Radiations Regulations (Northern Ireland) 2017.
6 It is recommended that Members note the report in relation to The Resurgam Trust
South Eastern Zone Project. 7.1 It is recommended that Members note the report in relation to work activities
carried out by the Tobacco Control Officer for year 2016/2017. 7.2 It is recommended that Members note the report in relation to key initiatives
undertaken by the Home Accident Prevention Group and Home Safety Team during 2016-2017.
8 It is recommended that Members note the list of premises issued with an
Entertainment Licence under The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 – Article 3 Licensing of Places of Entertainment between 1 April 2017 to 30 June 2017.
9 It is recommended that Members note the list of premises issued with a
Petroleum Licence under the Petroleum Consolidation Act (Northern Ireland) 1929 between 1 April 2017 to 30 June 2017.
10 It is recommended that Members note the report in relation to liquor licensing consultations responded to by the Environmental Health Service Unit between
1 April 2017 to 30 June 2017. 11 It is recommended that Members note the list of premises issued with an
Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 - Article 114 between 1 April 2017 to 30 June 2017.
12 It is recommended that Members note the report in relation to Partnership Working
to address issues regarding fly-tipping within the Council area. 13 It is recommended that Members note the report in relation to how the
Environmental Health Service Unit progress the removal and disposal of abandoned vehicles.
14.1 It is recommended that Members note the report in relation to Fixed Penalty
Notices issued for littering and illegal dumping related offences. 14.2 It is recommended that Members note the report in relation to recent prosecutions
progressed by the Environmental Health Service Unit in relation to litter and illegal dumping related offences.
15 It is recommended that Members note the report in relation to the Roads
(Miscellaneous Provisions) Act (NI) 2010 – Prohibition or Restriction of Use of Public Roads: Special Events.
16 It is recommended that Members note the report in relation to the Noise Complaint Statistics for 2016-2017 for Lisburn & Castlereagh City Council which have been submitted to the Air and Environmental Quality Unit of the Department of Agriculture, Environment and Rural Affairs.
17 It is recommended that Members note the report in relation to the Air Quality
Progress Report for 2017 and in particular the intention to continue monitoring within the Air Quality Management Area (AQMA) until such times as pollution levels fall consistently below the objective level.
18 It is recommended that Members note the Minutes of the Safety Advisory Group
meeting held on Wednesday, 19 July 2017. ITEMS FOR DECISION 1 CONSULTATIONS FOR APPROVAL
1.1 CONSULTATION ON THE FOOD STANDARDS AGENCY DRAFT FOOD
HYGIENE (AMENDMENT) REGULATIONS (NORTHERN IRELAND) 2017
Members are advised that the Environmental Health Service Unit has received the above Consultation on the Labelling of Raw (Unpasteurised Milk) which has a closing date for response of 19 September 2017. Attached as Appendix 1 EH are comments relating to the proposed enhanced labelling for raw drinking milk. The Environmental Health Service Unit welcomes the opportunity to comment on the proposed Regulations and agrees with the proposed wording and the manner in which it is to be displayed. Recommendation It is recommended that Members grant approval in relation to the comments on the Food Standards Agency Consultation on the draft Food Hygiene (Amendment) Regulations (Northern Ireland) 2017.
1.2 CONSULTATION ON CONTINUING HEALTHCARE IN NORTHERN IRELAND: INTRODUCING A TRANSPARENT AND FAIR SYSTEM
Members are advised that the Environmental Health Service Unit has received the above Consultation from the Department of Health which has a response date of 15 September 2017.
The purpose of this Consultation is to seek views from Councils on the review of continuing healthcare in Northern Ireland. The Consultation document outlines 4 options of how the Department of Health see changes for continuing healthcare. The proposed response from the Council to the options is attached as Appendix 2 EH for Members’ information.
Recommendation It is recommended that Members approve the response in relation to the Consultation on Continuing Healthcare in Northern Ireland: Introducing a Transparent and Fair System.
1.3 CONSULTATION ON THE DILAPIDATED/DANGEROUS BUILDINGS AND NEGLECTED SITES – LOCAL GOVERNMENT RESOURCE COSTS
Members are advised that the Council is in receipt of a Public Sector Consultation, Dilapidated/Dangerous Buildings and Neglected Sites – Local Government Resource Costs. The Consultation requests information with regard to number of staff involved in monitoring and enforcing dilapidation and dangerous buildings at present and forecasting of staff resources required to carry out this function having regard to changes to the legislative regime. The Consultation sets out 2 Options for Councils to consider. Attached as Appendix 3a EH and Appendix 3b EH is further information relating to Option 1 and 2 and also details of costings for both Options with caveats. Recommendation It is recommended that Members approve the comments for submission to the Department of Agriculture, Environment and Rural Affairs in relation to the Consultation on Dilapidated/Dangerous Buildings & Neglected Sites – Local Government Resource Costs.
1.4 CONSULTATIONS IN RELATION TO THE PROPOSED CONSOLIDATED PUBLIC DRINKING WATER REGULATIONS AND THE PROPOSED CONSOLIDATED PRIVATE WATER SUPPLIES REGULATIONS
The Environmental Health Service Unit has received 2 Consultations:
The Proposed Consolidated Public Drinking Water Supplies Regulations
to Implement European Commission Directive (EU) 2015/1787 Amending Annexes II and III to Council Directive 98/83/EC on the Quality of Water Intended for Human Consumption and
The Proposed Consolidated Private Water Supplies Regulations to
Implement European Commission Directive (EU) 2015/1787 Amending Annexes II and III to Council Directive 98/83/EC on the Quality of Water Intended for Human Consumption.
The above mentioned Consultations have response dates of 21 August 2017 and 10 August 2017 respectively.
Attached as Appendix 4 EH are comments relating to the above Consultations which have been forwarded to the Department of Agriculture, Environment and Rural Affairs.
Recommendation
It is recommended that Members grant retrospective approval in relation to the comments on the Consultations from the Department of Agriculture, Environment and Rural Affairs in relation to the Proposed Consolidated Public Drinking Water Supplies Regulations and the Proposed Consolidated Private Water Supplies Regulations.
1.5 CONSULTATION ON THE DRAFT REVISED UK AIR QUALITY PLAN FOR TACKLING NITROGEN DIOXIDE (TACKLING NITROGEN DIOXIDE IN OUR TOWNS AND CITIES) Members are advised that the Environmental Health Service Unit has received a Consultation on The Draft Revised Air Quality Plan for Tackling Nitrogen Dioxide (Tackling Nitrogen Dioxide in our Towns and Cities). The UK has now completed a Draft Revised Air Quality Plan for tackling Nitrogen Dioxide to be submitted to the European Commission and the Department for Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland have written to relevant organisations inviting their views on the draft document. This Consultation seeks views on the key elements from this Plan and the UK’s approach for meeting NO2 limit values. For Members’ information, further information is attached as Appendix 5 EH along with the Council’s response to the Consultation.
Recommendation It is recommended that Members grant retrospective approval in relation to the comments on the Consultation from the Department of Agriculture, Environmental and Rural Affairs in relation to the Draft Revised UK Air Quality Plan for Tackling Nitrogen Dioxide (Tackling Nitrogen Dioxide in our Towns and Cities).
2 AMENDMENT TO COUNCIL’S SCHEME OF DELEGATION
Members may be aware that Part 2, Annex 1 of the Council’s Constitution details a Scheme of Delegation pursuant to Sections 7 and 19 of the Local Government Act (Northern Ireland) 2014. The Scheme of Delegation delegates a series of functions associated with performing the Council’s statutory role under specific legislation, as listed in Section 3 Appendix B to the Scheme of Delegation, to the Director of Service Delivery (Regulated). New legislation is required to be added to the Appendix to enable the authorised officers to legally enforce the provisions therein. The Consumer Rights Act 2015 consolidates the investigatory powers of consumer law which regulates a diverse range of business sectors and enables local authority product safety enforcers to more effectively and efficiently work across local authority boundaries.
The investigatory powers have been consolidated, modernised and radically simplified to improve their transparency and accessibility for businesses and enforcers. In addition, stronger safeguards have been added to powers of entry in accordance with the Protection of Freedoms Act 2012. The powers and safeguards
strike a balance between enabling effective and proportionate investigation of breaches of consumer law, whilst protecting civil liberties and not disproportionately burdening compliant businesses.
The Criminal Justice and Police Act 2001 provides enforcement officers with additional powers of seizure and retention of material, including the power to retain inextricably linked material. Recommendation
It is recommended that Members approve the addition of the Consumer Rights Act 2015 and The Criminal Justice & Police Act 2001 to Appendix B of the Council’s Scheme of Delegation.
3 FOOD CONTROL SERVICE PLAN 2017/2018
Attached as Appendix 6 EH for Members’ information is a copy of the Food Service Plan for the Environmental Health Service Unit for 2017/2018. This Plan reviews the performance of the food control function over the year 2016/2017 and also presents the proposed service delivery for 2017/2018. This Plan is the Council’s commitment to delivering a food control service in accordance with all the relevant legislation and associated guidance and to ensure the priorities from the Food Standards Agency, who part fund this activity, are delivered.
I wish to advise Members that the Plan confirms that there are a greater number of tasks required than this Service Unit has resources to deliver.
Recommendation
It is recommended that Members approve the content of the Food Control Service Plan for 2017/2018 in terms of the service to be provided.
4 CAR PARKING – TRAFFIC ATTENDANTS DAILY VISITS
The Environmental Health Unit has received a request from Transport NI in relation to reducing the number of visits by Traffic Attendants in 6 of our 7 paid car parks in Lisburn City Centre. The existing regime was continued when car parking transferred to Council in April 2015. Under this regime Traffic Attendants visit the Council car parks (in Antrim Street, Barrack Street, Governors Road, Laganbank, Longstone Roundabout and Smithfield Square) 4 times each day, Monday to Saturday. This high level of enforcement visits was already highlighted in our review of the present Contract with Transport NI. It is also the highest frequency of visits in all of the 11 Council areas. The proposal from Transport NI is to reduce the frequency to 3 visits per day, which will obviously result in a saving in payment for visits to our sites. The effect of this reduction in hours will also see a potential reduction in Penalty Charge Notices (PCNs) which will have a 2-fold effect. We will be charged less for PCNs, but we will also have less income due to this smaller number of parking tickets being issued.
The request from Transport NI is that we should run a pilot scheme for a period of 6 months which will then be reviewed to determine the level of savings to the Council, but also to assess the effect on overall enforcement and income from car parking generally. Recommendation It is recommended that Members approve the introduction of a pilot scheme to reduce the number of visits to the 6 named car parks within the Lisburn & Castlereagh City Council area to 3 visits per day for a 6 month period to be reviewed at the end of this time to determine overall effectiveness.
ITEMS FOR NOTING 5 CONSULTATION FOR NOTING
5.1 CONSULTATION ON PROPOSALS FOR THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS (NORTHERN IRELAND) 2018
Members are advised that the Environmental Health Service Unit has received the above Consultation from the Health and Safety Executive Northern Ireland (HSENI) which has a response date of 29 September 2017. The purpose of this Consultation document is to seek views from Councils on the Proposals for the Freight Containers (Safety Convention) Regulations (Northern Ireland) 2018. The Consultation document outlines key changes to the legislation. Members may be aware that Health and Safety has dual enforcement through both district Councils and the HSENI. This legislation is primarily enforced by the HSENI. This Consultation document has no implications for the Council therefore, no comments are required. Recommendation It is recommended that Members note the report in relation to the Consultation on Proposals for the Freight Containers (Safety Convention) Regulations (Northern Ireland) 2018.
5.2 CONSULTATION ON PROPOSALS FOR THE IONISING RADIATIONS REGULATIONS (NORTHERN IRELAND) 2017
Members are advised that the Environmental Health Service Unit has received the above Consultation document from the Health and Safety Executive Northern Ireland (HSENI) which has a response date of 5 October 2017. The purpose of this Consultation document is to seek views from Councils on the Proposals for the Ionising Radiation Regulations (Northern Ireland) 2017 and relates to the implementation of Directive 2013/59/EURATOM, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.
The aim of the Directive is to update and simplify existing arrangements for radiological protection by bringing 5 Directives and an EU Commission recommendation into one Directive. The above Regulations primarily relate to medical practice which is enforced by the HSENI. This Consultation document has no implications for the Council therefore, no comments are required. Recommendation It is recommended that Members note the report in relation to the Consultation on Proposals for the Ionising Radiations Regulations (Northern Ireland) 2017.
6 THE RESURGAM TRUST SOUTH EASTERN ZONE PROJECT
Members may be aware that the Environmental Health Service Unit is a member of the Resurgam Trust Safe Food/Community Food Initiative (CFI) Steering Group. The aim of this project is to positively influence the food choices of families within Resurgam Communities through testing, implementing and sharing good practice in community food programmes. This project will have a particular focus on developing community food initiatives to promote healthy, nutritious diets whilst also addressing issues relating to food insecurity (food poverty). Actions include promoting information on healthy eating, cooking skills, food budgeting and meal planning within communities through delivery of “Cook It,” information sessions on a range of topics relating to healthy eating, shopping and cooking. On the 3 June 2017, the Environmental Health Service Unit participated at an event hosted by Old Warren Primary School to promote International Children’s Day. The focus was based on Home Safety, Care in the Sun, healthier food choices and the importance of food hygiene. In addition to the above initiative, the Environmental Health Service Unit supported the Resurgam Trust at their summer scheme events. The Scheme provided lunches to children attending the summer scheme at Hillhall Community Club and Laganview Enterprise Centre over a 2 week period. At these lunch clubs the Environmental Health Service Unit demonstrated the proper hand washing technique to the children to help prevent foodborne illness. Recommendation It is recommended that Members note the report in relation to The Resurgam Trust South Eastern Zone Project.
7 HEALTH AND WELLBEING 7.1 TOBACCO CONTROL
Members may be aware of the continued work by Environmental Health in relation to ensuring compliance with Smoke Free legislation and underage sales of tobacco products.
Initiatives undertaken by the Tobacco Control Officer include assessment of smoking in vehicles, inspecting businesses with a number of work vehicles, carrying out surveys of smoking areas in licensed premises and checking compliance with tobacco retailers relating to the Tobacco Register. Attached as Appendix 7 EH is a Progress Report which identifies the work activities carried out by the Tobacco Control Officer for year 2016/2017. The attachment also includes work completed in Ards & North Down Borough Council and Down District, as this is a shared service. Recommendation It is recommended that Members note the report in relation to work activities carried out by the Tobacco Control Officer for year 2016/2017.
7.2 HOME SAFETY
Members may be aware of the Home Accident Prevention Lisburn & Castlereagh (HAPLC) Group. The key initiatives undertaken during 2016-2017 by the Home Accident Prevention Group and Home Safety Team in Environmental Health come under the 4 broad areas of Falls Prevention, Carbon Monoxide Poisoning, Emerging Poisons and Blind Cord Safety. Attached as Appendix 8 EH is a Progress Monitoring Report showing the activities carried out throughout the year, including Home Safety Checks, Events and Information Sessions. Alderman Jeffers and Councillor Givan continue to represent the Council on this Home Accident Prevention Lisburn & Castlereagh Group. Recommendation It is recommended that Members note the report in relation to key initiatives undertaken by the Home Accident Prevention Group and Home Safety Team during 2016-2017.
8 THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1985 – ARTICLE 3 LICENSING OF PLACES OF ENTERTAINMENT – RENEWAL OF LICENCE
Members may be aware that under the Scheme of Delegation the licensing of premises for the provision of Entertainment sits under the Head of Service (Environmental Health). Having provided the Licensing Officer with all the relevant documentation and following no objections from the Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service, the premises listed in Appendix 9 EH have been issued with an Entertainment Licence between 1 April 2017 and 30 June 2017.
Recommendation
It is recommended that Members note the list of premises issued with an Entertainment Licence under The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 – Article 3 Licensing of Places of Entertainment between 1 April 2017 to 30 June 2017.
9 THE PETROLEUM CONSOLIDATION (NI) ACT 1929 – PETROLEUM LICENCES ISSUED
Members may be aware that under the Scheme of Delegation the licensing of premises for the purpose of storage and discharge of petroleum sits under the Head of Service (Environmental Health).
Having provided the Licensing Officer with all the relevant documentation, the premises detailed in Appendix 10 EH have been issued with a Petroleum Licence between 1 April 2017 to 30 June 2017.
Recommendation
It is recommended that Members note the list of premises issued with a Petroleum Licence under the Petroleum Consolidation Act (Northern Ireland) 1929 between 1 April 2017 to 30 June 2017.
10 THE LICENSING (NORTHERN IRELAND) ORDER 1996 – LIQUOR LICENCE APPLICATIONS
Members may recall the agreed process for dealing with liquor licensing consultations.
As means of an update, Members are advised that between 1 April 2017 to 30 June 2017 the Environmental Health Service Unit has received 21 requests under The Licensing (Northern Ireland) Order 1996 (Appendix 11 EH refers). These have all been responded to the relevant Court as satisfactory with no objection. Recommendation It is recommended that Members note the report in relation to liquor licensing consultations responded to by the Environmental Health Service Unit between 1 April 2017 to 30 June 2017.
11 BETTING AND GAMING (NORTHERN IRELAND) ORDER 2005; BETTING,
GAMING, LOTTERIES AND AMUSEMENTS (NORTHERN IRELAND) ORDER 1985: ARTICLE 114 - AMUSEMENT PERMITS ISSUED
Members may be aware that under the Scheme of Delegation the issue of
permits authorising premises for the provision of Gaming by means of Gaming machines sits under the Head of Service (Environmental Health).
Having provided the Licensing Officer with all the relevant documentation and
following no objections from the Police Service of Northern Ireland, the premises detailed in Appendix 12 EH have been issued with an Amusement Permit between 1 April 2017 to 30 June 2017.
Recommendation
It is recommended that Members note the list of premises issued with an
Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 - Article 114 between 1 April 2017 to
30 June 2017. 12 FLY-TIPPING: PARTNERSHIP WORKING - BELFAST HILLS,
HANNAHSTOWN AND DUNDROD AREAS
Members may be aware of the issues regarding fly-tipping within the Council area, and in particular in the Belfast Hills, Hannahstown and Dundrod areas. Members may further recall the recent events where large deposits of fly-tipped tyres, etc. were reported in the Hannahstown area. The Council’s Enforcement Section has been working in partnership with stakeholders in the area to try to alleviate the problem. Officers have met with and are in constant contact with local businesses and organisations in the areas to obtain information which may help combat fly-tipping. In addition, Council Enforcement Officers held a meeting on 1 August 2017 at the Belfast Hills Office where representatives from the Belfast Hills, Ulster Wildlife, McQuillans, Natural Waste Products and Belfast City Council were invited in order to update them with regard to the progress made by the Council in tackling fly-tipping in the area. Furthermore, it is hoped that in the near future a litter pick of the area will take place with Council officers, volunteers and local residents. A similar initiative has already taken place with the Stoneyford Residents Association and an additional report will be tabled to the next meeting of the Environmental Services Committee for Members’ information.
Recommendation
It is recommended that Members note the report in relation to Partnership Working to address issues regarding fly-tipping within the Council area.
13 ABANDONED VEHICLES
Members may be aware of the duties that the Environmental Health Service Unit have in relation to the enforcement of The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 in relation to Abandoned Vehicles. Previously, when a vehicle was identified as abandoned, a Notice would be placed on the vehicle to request an owner to contact the Council. Subsequently if no owner came forward to claim the vehicle within 7 days of the Notice being served, the vehicle would then be removed by the Council contractor, at a cost to the Council, and the vehicle would then be destroyed. From 1 April 2015 to 31 March 2016 the Council received 43 service requests in relation to abandoned vehicles. From 1 April 2016 to 31 March 2017 the Council received 83 service requests, an increase of 40 service requests from the previous year.
As requests for service in relation to abandoned vehicles are on the increase, the Environmental Health Service Unit has investigated other methods of dealing with those vehicles which are not claimed in an effort to reduce the cost implications to the Council. The Environmental Health Service Unit has engaged the services of a company who will remove an abandoned vehicle from the reported location. The vehicle will be stored free of charge and then sold. Any proceeds from the sale of the vehicle will be forwarded to the Council. This new process has resulted in a historic cost now being converted to a potential income.
Recommendation It is recommended that Members note the report in relation to how the Environmental Health Service Unit progress the removal and disposal of abandoned vehicles.
14 THE LITTER (NORTHERN IRELAND) ORDER 1994
14.1 FIXED PENALTY NOTICES
Members may be aware that the Environmental Health Service Unit presents quarterly statistics for Members’ information.
During the period April 2017 to June 2017, 18 persons were issued with Fixed Penalty Notices under the Litter Order. A total of 12 Notices were issued for the depositing of litter and 6 Notices issued for illegal dumping within the Lisburn & Castlereagh City Council area. In line with the Council’s Enforcement Policy, a Formal Written Warning was also issued to a juvenile (17 years of age) for littering from a vehicle. Out of the 18 Fixed Penalty Notices issued, 14 have been paid. The other 4 Fixed Penalty Notices remain outstanding and are being progressed in accordance with the Council’s Enforcement Policy. The outcome of these Fixed Penalty Notices will be tabled at a future meeting of the Environmental Services Committee for Members’ information.
Recommendation
It is recommended that Members note the report in relation to Fixed Penalty Notices issued for littering and illegal dumping related offences.
14.2 PROSECUTION OUTCOMES
Members are advised of the outcomes of some recent prosecutions progressed by the Environmental Health Service Unit in relation to litter and illegal dumping related offences. These outcomes are attached as Appendix 13 EH for Members’ information. Recommendation It is recommended that Members note the report in relation to recent prosecutions progressed by the Environmental Health Service Unit in relation to litter and illegal dumping related offences.
15 THE ROADS (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND)
2010 – ROADS CLOSURE
Members may recall that this matter was tabled previously at December, January and March Environmental Services Committee meetings. At the last meeting Members were informed that the Department for Infrastructure had written to the Council advising that the Order was made on 25 January 2017 and shall be commenced on 4 September 2017 with regard to the implementation of the powers relating to Restriction of Use of Public Roads: Special Events, (transferring the function to local government). Members may further recall that a proposed fee structure has already been considered and approved. It was agreed that the Environmental Health Service Unit will then develop guidance and procedures in line with the other 10 councils through Environmental Health Northern Ireland (EHNI). Recommendation It is recommended that Members note the report in relation to the Roads (Miscellaneous Provisions) Act (NI) 2010 – Prohibition or Restriction of Use of Public Roads: Special Events.
16 NOISE COMPLAINT STATISTICS – 2016/2017 Members may be aware that Northern Ireland Councils are required to report their Noise Complaint Statistics to the Air and Environmental Quality Unit of the Department of Agriculture, Environment and Rural Affairs (DAERA) on an annual basis. Attached as Appendix 14 EH are the annual statistics for 2016-2017 for Lisburn & Castlereagh City Council. It is worth noting that the total number of noise complaints received by the Council has remained relatively constant with dog barking, music and parties still causing the majority of the complaints to Environmental Health. There was a sharp increase in the number of noise complaints due to industrial noise and construction and complaints were received about road vehicles which have not been previously received. Recommendation It is recommended that Members note the report in relation to the Noise Complaint Statistics for 2016-2017 for Lisburn & Castlereagh City Council which have been submitted to the Air and Environmental Quality Unit of the Department of Agriculture, Environment and Rural Affairs.
17 AIR QUALITY PROGRESS REPORT 2017
Members may be aware that the Air Quality Progress Report sets out information on air quality obtained by Lisburn & Castlereagh City Council as part of the Review and Assessment process required under the Environment Order (Northern Ireland) 2002 and subsequent Regulations.
Attached as Appendix 15 EH for Members’ information is an update in relation to the Air Quality Progress Report 2017. Recommendation
It is recommended that Members note the report in relation to the Air Quality Progress Report for 2017 and in particular the intention to continue monitoring within the Air Quality Management Area (AQMA) until such times as pollution levels fall consistently below the objective level.
18 THE SAFETY ADVISORY GROUP MINUTES
Members may be aware of the establishment of the Lisburn & Castlereagh City Council Safety Advisory Group in August 2014. A meeting of the Group was held on Wednesday, 19 July 2017 and a copy of the Minutes is attached as Appendix 16 EH for Members’ reference. Recommendation It is recommended that Members note the Minutes of the Safety Advisory Group meeting held on Wednesday, 19 July 2017.
RICHARD W HARVEY HEAD OF SERVICE (ENVIRONMENTAL HEALTH) 25 August 2017
APPENDIX 1 EH
CONSULTATIONS FOR APPROVAL
CONSULTATION ON THE FOOD STANDARDS AGENCY DRAFT FOOD HYGIENE (AMENDMENT) REGULATIONS (NORTHERN IRELAND) 2017 Closing date for response – 19 September 2017 Members may be aware that the Environmental Health Service Unit as a regulator enforces the food labelling legislation which includes labelling associated with milk. The Food Standards Agency are proposing to amend the current labelling provisions for Northern Ireland to protect vulnerable consumers against risks associated with consumption of raw drinking milk and introduce consistent labelling requirements for all species. Currently raw drinking milk (except buffalo) is required to be labelled with the warning: “This milk has not been heat-treated and may therefore contain organisms harmful to health.” It is proposed that in Northern Ireland and England enhanced labelling is introduced for raw drinking milk from all species which includes the following wording: “The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people and those who are unwell or have chronic illness” The Environmental Health Service Unit welcomes the opportunity to comment on the proposed Food Hygiene (Amendment) Regulations (Northern Ireland) 2017 and agrees with the proposed wording as detailed across all species and the manner in which it is to be displayed and welcomes the harmonising of the Regulations across Northern Ireland, England and Wales.
APPENDIX 2 EH
CONTINUING HEALTHCARE IN NORTHERN IRELAND:
INTRODUCING A TRANSPARENT AND FAIR SYSTEM
Consultation Questionnaire
19 June 2017
Prepared by:
Elderly & Community Care Unit
Department of Health
Room D1
Castle Buildings
Stormont Estate
Belfast BT4 3SQ
Phone: (028) 9052 0776
Email: [email protected]
Website: https://www.health-ni.gov.uk/consultations or
https://consultations.nidirect.gov.uk/
1
RESPONDING TO THE CONSULTATION
You can let us know your views by completing our Consultation Questionnaire online
via https://consultations.nidirect.gov.uk/
You can also complete our Consultation Questionnaire and submit the completed
document to the Department by email or by returning a completed hard copy to the
address below.
If this document is not in a format that suits your needs, please contact us and we
can discuss alternative arrangements. Before you submit your response, please
read Annex A about the effect of the Freedom of Information Act 2000 on the
confidentiality of responses to public consultation exercises.
Responses should be sent to:
Written: Elderly & Community Care Unit Department of Health Room D2.20 Castle Buildings Stormont Estate Belfast BT4 3SQ
Email: [email protected]
Responses must be received no later than 5pm on Friday 15th September 2017.
2
Section 1 – About You
I am responding: as an individual
on behalf of an organisation
(please tick a box)
Name: Richard Harvey
Job Title: (if applicable)
Head of Service Environmental Health
Organisation: (if applicable)
Lisburn & Castlereagh City Council
Address: Lagan Valley Island Lisburn Co. Antrim
City/Town:
Lisburn
Postcode: BT27 4RL
Email Address: [email protected]
3
Section 2 – Questions relating to the proposed amendment to the continuing
healthcare policy in Northern Ireland
These questions should be read in conjunction with the proposals set out in the
accompanying consultation document.
Q1: The Department’s preferred option is Option 3. This would involve introducing a Single Eligibility Criteria Question which is: ‘Can your care needs be met properly in any other setting other than a hospital?’ If the answer is yes, then the individual would be discharged to the appropriate care setting and the relevant charging policy would apply. This is similar to the model which currently operates in Scotland. Having read the consultation document, do you agree with the Department’s view that Option 3 is the most suitable approach to ensure that there is a transparent and fair system for all individuals who require nursing or residential home care in Northern Ireland?
Yes
Please explain why you have given this answer: The current system requires reviewing to meet the demands of the healthcare needs in Northern Ireland. Especially, as the population of older people is increasing year on year. The requirement for a more transparent, clear and concise process for evaluating an individual’s needs are key to delivering Healthcare needs. Also the need for a consistent approach across all HSC Trusts, to ensure all needs in NI are being assessed equally.
4
Q2. If your answer to Question 1 above was No, do you have a preferred choice from the alternative options listed in the consultation document?
Yes
No
If you answered Yes, please indicate which option you would prefer and why you have chosen this option. Option 1: Do Nothing Please explain why you have chosen this option: N/A
Option 2: Introduce a Continuing Healthcare Decision Tool Checklist Model (as is currently implemented in England and Wales) Please explain why you have chosen this option: N/A
Option 4: Develop standalone continuing healthcare guidance and an assessment checklist specific to the Health and Social Care (HSC) system in Northern Ireland Please explain why you have chosen this option: Timeframe to deliver such system could take years to develop.
No
5
Q3. If you do not agree with any of the options listed in the consultation document, do you have an alternative option which you would like the Department to consider?
No
Please provide details of your alternative approach below and why you believe it is a better option: No comment
6
Q4. The Department is proposing that individuals already in receipt of continuing healthcare will continue to receive it for as long as they remain eligible to do so. This means that irrespective of the Option implemented, those individuals will not be disadvantaged by the new arrangements. Do you agree with the Department’s proposal regarding the plan for existing continuing healthcare recipients?
Yes
If you answered No, please explain why you have given this answer and explain how you think individuals currently receiving continuing healthcare should be treated:
7
Q5. The Department has outlined two possible approaches for dealing with applications for continuing healthcare which have already been submitted to Health and Social Care (HSC) Trusts. The first approach would require HSC Trusts to assess these applications for continuing healthcare in line with the existing guidance. The second approach would require HSC Trusts to retain applications for continuing healthcare until the outcome of the public consultation exercise is known. Following this, HSC Trusts would then arrange to assess these applications in line with the new arrangements introduced. Please indicate your preferred approach.
Assess under new arrangements
Please explain the reasons for choosing your preferred approach. If you do not agree with either of the approaches outlined above, please indicate how you think existing continuing healthcare applications should be assessed by HSC Trusts: However, it depends on how quickly a decision will be made on which option is preferred and the time frame for the option to be implemented. It’s important that individuals’ applications for assessments are not left unduly for prolonged time periods due to pending implementation of a new system.
8
Q6. Do you have any other comments you want to offer or are there any particular points which you think the Department should consider when making any policy decision about continuing healthcare in Northern Ireland? Please provide any further comments below: No comment
9
Section 3 – Equality and Human Rights
Section 75 of the NI Act 1998 requires departments in carrying out their functions
relating to NI to have due regard to the need to promote equality of opportunity:
between persons of different religious belief, political opinion, racial group,
age, marital status or sexual orientation;
between men and women generally;
between person with a disability and persons without; and
between persons with dependants and persons without.
You may wish to refer to the Equality Screening, Disability Duties and Human Rights
Assessment Template at https://www.health-ni.gov.uk/consultations
Q7. Is the preferred option set out in the consultation document likely to have an adverse impact on any of the nine equality groups identified under Section 75 of the 1998 Act?
No
If yes, please state the group(s) and provide comment on how these adverse impacts could be reduced or alleviated in the proposals:
Q8. Are you aware of any indication or evidence – qualitative or quantitative – that the preferred option set out in the consultation document may have an adverse impact on equality of opportunity or on good relations?
No
If yes, please give details and comment on what you think should be added or removed to alleviate the adverse impact:
10
Q9. Is there an opportunity to better promote equality of opportunity or good relations?
No
If yes, please give details as to how:
Q10. Are there any aspects of the proposals in the consultation where potential human rights violations may occur?
No
If yes, please give details as to how:
Responses must be received no later than 5pm on Friday 15th September 2017.
Thank you for your comments.
11
Annex A
Freedom of Information Act 2000 – Confidentiality of Consultations
The Department will publish a summary of responses following completion of the
consultation process. Your response and all other responses to the consultation
may be disclosed on request. The Department can only refuse to disclose
information in exceptional circumstances. Before you submit your response please
read the following below on the confidentiality of consultations and they will give
you guidance on the legal position about any information given by you in response
to this consultation.
The Freedom of Information Act gives the public a right of access to any
information held by a public authority, namely the Department of Health (DoH)
in this case. This right of access to information includes information provided
in response to a consultation. The Department cannot automatically consider
as confidential information supplied to it in response to a consultation.
However it does have the responsibility to decide whether any information
provided by you in response to this consultation, including information about
your identity, should be made public or be treated as confidential. If you do not
wish information about your identity to be made public please include an
explanation in your response.
This means that information provided by you in response to the consultation is
unlikely to be treated as confidential, except in very particular circumstances. The
Secretary of State for Constitutional Affairs’ Code of Practice on the Freedom of
Information Act provides that:
• the Department should only accept information from third parties in
confidence if it is necessary to obtain that information in connection with the
exercise of any of the Department’s functions and it would not otherwise be
provided;
• the Department should not agree to hold information received from third
parties “in confidence” which is not confidential in nature; and
• acceptance by the Department of confidentiality provisions must be for good
reasons, capable of being justified to the Information Commissioner.
For further information about confidentiality of responses please contact the
12
Information Commissioner’s Office (or see web site at: https://ico.org.uk/).
APPENDIX 3a EH
CONSULTATIONS FOR APPROVAL CONSULTATION ON THE DILAPIDATED/DANGEROUS BUILDINGS AND NEGLECTED SITES – LOCAL GOVERNMENT RESOURCE COSTS Members are advised that the Council is in receipt of a Public Sector Consultation, Dilapidated/Dangerous Buildings and Neglected Sites – Local Government Resource Costs.
The Department of Agriculture, Environment and Rural Affairs (DAERA) is currently progressing policy development work in respect of proposals to deliver a modern and fit-for-purpose regime to tackle the blight of dilapidated/dangerous buildings and neglected sites. As part of this work the Department is required to produce a costed business case setting out the key benefits and costs associated with the new regime options.
The Consultation requests information with regard to number of staff involved in monitoring and enforcing dilapidation and dangerous buildings at present and forecasting of staff resources required to carry out this function with changes to the legislative regime in Option 1 and Option 2.
Option 1: Consolidate and Amend Current Legislation + Enhanced Cost Recovery
This Option involves a tidy-up of existing legislation, with minor amendment of powers and procedures to improve the effectiveness of the regime. The Option includes:
Introducing appropriate provisions to enhance cost recovery provisions – in
particular reference to powers in Conveyancing Act 1881 for charges on land.
Option 2: New Broader Regime + Enhanced Cost Recovery
This Option involves a completely new regime to encompass all of the relevant elements of the existing legislation in a single new Act which would include the introduction of new provisions broadly equivalent to Chapter II of the England and Wales Town and Country Planning Act 1990 (visual amenity – tackling “low level” dilapidation) and the Building Act 1984 (dangerous structures emergency provisions).
The Option includes:
Appropriate provisions to deal with cost recovery – including reference to
powers in Conveyancing Act 1881 for charges on land; Appropriate criminal offences – failure to comply with notices, failure to provide
information, obstruction etc.; Appropriate penalties – criminal and administrative; Powers of entry and inspection provisions.
To assist the Department in costing these 2 Options, Councils have been asked to complete the table attached. Officers within Services Delivery (Regulated) have provided costings for both Options with the following caveats:
OPTION 1: Council’s increased ability to recover costs is difficult to ascertain and understand how this will affect future costings as requested in Option 1. However, it may be that there is little additional resource costs as, even with enhanced powers of cost recovery to deal with dilapidation, this will only be pursued if there is a clear chance those being pursued actually have the means to pay. OPTION 2: Option 2 is much broader involving new legislation and enforcement interaction not currently regulated by Councils. Therefore existing records to allow a meaningful response are limited. It must also consider that the enforcement discussed is discretionary and will therefore again be dictated by the Councils overall approach to the legislation including the smaller scale matters. Recommendation It is recommended that Members approve the comments for submission to the Department of Agriculture, Environment and Rural Affairs in relation to the Consultation on Dilapidated/Dangerous Buildings & Neglected Sites – Local Government Resource Costs.
APPENDIX 3b EH
Consolidation(Option 1)
(See Notes)
New Regime (Option 2)
(See Notes)
"EXAMPLE ONE" 0.5 0.8 1.4 £50,000 £40,000 £70,000
Officer costs 0.1 0.15 0.4 £45,000 £6,750 £18,000
Officer costs 0.1 0.2 0.25 £28,831 £5,766 £7,208
Officer costs 0.05 0.1 0.2 £56,118 £5,612 £11,224
Officer costs 0.3 0.5 0.7 £45,000 £22,500 £31,500
Officer costs 0.05 0.1 0.15 £56,118 £5,612 £8,418
Officer costs 0.1 0.2 0.2 £28,831 £5,766 £5,766
[ADD GRADE] (Note 3) £0 £0
[ADD GRADE] (Note 3) £0 £0
[ADD GRADE] (Note 3) £0 £0
[ADD GRADE] (Note 3) £0 £0
TOTALS £52,006 £82,116
*FTE = Full Time Equivalent
0.4 0.65 1.1Current Costs
(£000s)Option 1 Costs
(£000s)Option 2 Costs
(£000s)
Estimate of Specialist Advice Costs e.g. legal, structural, quantity surveying, etc. [as appropriate] £500 £1,000 £4,000
Estimate of Contractor Mobilisation to 'make safe' dangerous sites eg 1st aid response £500 £750 £2000
Cannot provide
Cannot provide
Total CostOption 2
Estimated number of FTE* staff under:
Dilapidated / Dangerous Buildings - Council Resource Costs
Current number of FTE* staff working
on dilapidated / dangerous
buildings
Annual cost of 1 FTE* post
including overheads
Total CostOption 1
Average no. of annual serious injuries relating to dilapidated/dangerous buildings (average over last 3 years)
None knownAverage no. of annual fatalities relating to dilapidated/dangerous buildings (average over last 3 years)
Note 3
Option 2: New Broader Regime + Enhanced Cost Recovery
Option 2 involves a completely new regime to encompass all of the relevant elements of the existing legislation (as listed in Option 1) in a single new Act which would includethe introduction of new provisions broadly equivalent to Chapter II of the England & Wales Town & Country Planning Act 1990 (visual amenity – tackling “low level” dilapidation) and the Building Act 1984 (dangerous structures emergency provisions).
The new single Act would include:• Re-enactment of Art. 65 (requiring abatement of statutory nuisance) and Art. 66 (requiring repair/restoration/demolition by owner) of Pollution Control & Local Government (NI) Order 1978 (with modifications);• Appropriate provision(s) to ensure proper protection of heritage buildings by preventing “inadvertent” demolition;• Range of provisions based on ss. 116–124 of Belfast Improvement Act 1878 (with reference to similar provisions of Towns Improvement Clauses Act 1847 and Londonderry Corporation Act 1918) to require removal/repair/securing of ruinous/dilapidated structures;• Provisions similar to Ch. II of E&W Town and Country Planning Act 1990 to deal with lower level dilapidation and neglected sites;• Provisions similar to ss. 77 and 78 of the Building Act 1984 to enhance ability to deal with dangerous structures, particularly in emergency;• Appropriate provisions to deal with cost recovery – including reference to powers in Conveyancing Act 1881 for charges on land;• Appropriate criminal offences – failure to comply with notices, failure to provide information; obstruction etc;• Appropriate penalties – criminal and administrative;• Powers of entry and inspection provisions.
Option 2 Notes
Option 1: Consolidate & Amend Current Legislation + Enhanced Cost Recovery
This option involves a tidy up of existing legislation, with minor amendment of powers and procedures to improve the effectiveness of the regime.
Existing legislation refers to:• Art. 65 (requiring abatement of statutory nuisance) and Art. 66 (requiring repair/restoration/demolition by owner) of Pollution Control & Local Government (NI) Order 1978;• Belfast Improvement Act 1878 and similar provisions of Towns Improvement Clauses Act 1847 and Londonderry Corporation Act 1918 to require removal/repair/securing of ruinous/dilapidated structures;• Town Improvement (Ireland) Act 1854;• Public Health Acts Amendment Act 1907;• Belfast Corporation Act 1911.
The option includes:• Introducing appropriate provisions to enhance cost recovery provisions – in particular reference to powers in Conveyancing Act 1881 for charges on land.
Option 1 Notes
Please list any additional staff grades working with dangerous and dilapidated buildings on separate rows if they do not fall within the two grades already listed and provide the relevant information for these additional grades.
NOTES TO ACCOMPANY SPREADHEET COMPLETION:
OPTION 1: Councils increased ability to recover costs is difficult to ascertain and understand how this will affect future costings as requested in Option 1. However, it may be that there is little additional resource costs as, even with enhanced powers of cost recovery to deal with dilapidation, this will only be pursued if there is a clear chance those being pursued actually have the means to pay. OPTION 2: Option 2 is much broader involving new legislation and enforcement interaction not currently regulated nor responsibility of Councils. Therefore existing records to allow a meaningful response are limited. We must also consider that the enforcement discussed is discretionary and will therefore again be dictated by the Councils overall approach to the legislation including the smaller scale matters. Option 2 will be difficult to attribute a meaningful/ reliable cost.
Simple 'subjective' multiplication factors have been used to try and give potential indicative costs for options1 and 2
EH investigates and monitors derelict buildings and sites. This may also involve intervention under Rats & Mice Destruction Act 1919 & High Hedges Act 2011 particularily in overgrown sites. Our noise team would also investigate activity on derelict sites where impromptu raves may occur. We also work with NIHE under Art 63 of 81 Housing Order . Derelict sites periodically provide issues around illegal dumping
APPENDIX 4 EH CONSULTATIONS FOR APPROVAL CONSULTATIONS IN RELATION TO THE PROPOSED CONSOLIDATED PUBLIC DRINKING WATER REGULATIONS AND THE PROPOSED CONSOLIDATED PRIVATE WATER SUPPLIES REGULATIONS
The Environmental Health Service Unit has received 2 Consultations:
The Proposed Consolidated Public Drinking Water Supplies Regulations to
Implement European Commission Directive (EU) 2015/1787 Amending Annexes II and III to Council Directive 98/83/EC on the Quality of Water Intended for Human Consumption and
The Proposed Consolidated Private Water Supplies Regulations to Implement
European Commission Directive (EU) 2015/1787 Amending Annexes II and III to Council Directive 98/83/EC on the Quality of Water Intended for Human Consumption.
The above mentioned Consultations have response dates of 21 August 2017 and 10 August 2017 respectively. Drinking water supplies in Northern Ireland are either provided through the public water supply by Northern Ireland Water Limited (Northern Ireland’s Statutory Water undertaker) or by private water supplies such as boreholes. The objective of the Drinking Water Directive is to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome. This Directive applies to all drinking water supplies intended for drinking, cooking, food preparation and other domestic purposes. The Department of Agriculture, Environment and Rural Affairs (DAERA) is seeking comments on proposals to introduce new consolidated Water Quality Regulations by 27 October 2017 relating to the public drinking water supply in order to transpose Directive (EU) 2015/1787 where the main purpose is to revise the monitoring and analysis requirements. DAERA is also seeking comments on proposals to introduce new consolidated Private Water Supplies Regulations by 27 October 2017 in order to transpose Directive (EU) 2015/1787 where the main purpose is also to revise the monitoring and analysis requirements. The amended 2015 Directives require monitoring programmes to be established for both public drinking water supplies and private drinking water supplies. Monitoring programmes are to verify measures applied which control risks to human health throughout both water supply chains from the catchment area through abstraction, treatment and storage to distribution to ensure they are working effectively and that drinking water at the point of compliance is wholesome.
In the case of private supplies, the Department monitors substances or organisms known as parameters in order to provide information on the quality of the water supplied for human consumption and to assess compliance with standards (parametric values) set by the Drinking Water Directive. The Department currently meets these monitoring requirements through the establishment of monitoring programmes which are subject to regular review. The Department assesses the results from monitoring in order to verify any measures in place to control risks to human health from private water supplies and to identify any mitigation required to address risk to human health. All 11 councils are closely involved in this monitoring programme for public supplies through an agreed Service Level Agreement, with the cost being met by the Department. For public supplies within the Lisburn & Castlereagh City Council area, the water undertaker carries out this monitoring and currently meets these monitoring requirements through the establishment of monitoring programmes which are subject to regular review. The Environmental Health Service Unit are satisfied that both Northern Ireland Water and the Drinking Water Inspectorate are implementing the Directive with a very clear and sensible approach through their respective monitoring programmes. The new Regulations will implement the Directive as required and will satisfactorily control risks to human health throughout both water supply chains. Furthermore, the Council’s Environmental Health Service Unit will continue to be very closely involved directly as an agent of the Drinking Water Inspectorate for the risk assessment and monitoring of private water supplies as part of the agreed Service Level Agreement recently signed by the Council (Minute 4.7.4 - ES 08.03.2017 refers). Recommendation It is recommended that Members grant retrospective approval in relation to the comments on the Consultations from the Department of Agriculture, Environment and Rural Affairs in relation to the Proposed Consolidated Public Drinking Water Supplies Regulations and the Proposed Consolidated Private Water Supplies Regulations.
APPENDIX 5 EH
CONSULTATION ON THE DRAFT REVISED UK AIR QUALITY PLAN FOR TACKLING NITROGEN DIOXIDE (TACKLING NITROGEN DIOXIDE IN OUR TOWNS AND CITIES) Members may recall my report tabled to the Environmental Services Committee in December 2016 in relation to The Air Quality Report 2016 for Lisburn & Castlereagh City Council. In the report Members were advised that although there were no local exceedances with relevant exposure of the Air Quality Strategy objectives for 2015 for any of the pollutants assessed, Nitrogen Dioxide (NO2) is still the main source of concern within the Lisburn & Castlereagh City Council area as it is one of the main commuter belts of Greater Belfast. The Sprucefield Court monitoring site situated next to the M1 motorway had elevated levels in 2014, however, levels were reduced in 2015 at this location and generally across the whole Lisburn & Castlereagh City Council area; however, this was more likely to be due to the mild blustery winter, rather than a reduction in vehicle emissions. This is also true for the levels monitored from the automatic site and the diffusion tubes within our Air Quality Management Area (AQMA) in Dundonald, although the opening of a new Park and Ride situated to the West of the AQMA may also have been a contributing factor. On 20 February 2014, the European Commission launched legal proceedings against the UK for its failure to meet Air Quality Limit Values for NO2. The UK High Court Judge ruled that DEFRA had taken ‘minimum’ steps to achieve compliance with EU-set limits on NO2 by 2020. The UK has now completed a Draft Revised Air Quality Plan for tackling Nitrogen Dioxide to be submitted to the European Commission and the Department for Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland have written to relevant organisations inviting their views on the draft document. This Consultation seeks views on the key elements from this Plan and the UK’s approach for meeting NO2 limit values. The Draft UK Plan acknowledges that the problem of NO2 is specific to local areas and that key actions need to be developed and implemented locally. The UK Government will also take steps at national level to enable and support local progress. Specific to Northern Ireland, it is proposed that the Northern Ireland Executive will improve air quality and increase sustainable transport through revising Northern Ireland’s air quality policy and legislation and devising an Air Quality Action Plan with a range of actions. The Council’s draft Consultation response is detailed below and includes the following main points to be considered for Northern Ireland and the Lisburn & Castlereagh City Council area. We would recommend that an Air Quality Strategy specific to Northern Ireland
(update to air quality policy and legislation) and Action Plan documents are developed and brought forward as soon as practicable by the Department of Agriculture, Environment and Rural Affairs (DAERA). Full engagement with councils and other relevant organisations should be sought throughout the process. Future documents should have a clear focus on both regional and local issues.
From 2015, the Department has imposed cuts on councils to the overall budget allocated to air quality management. The draft response highlights the need to ensure funding allocated to councils remains sufficient to allow them to plan for and carry out all current and future legislative duties placed upon them.
Emphasis on the need for continuation of good quality monitoring data rather than
relying solely upon modelling for predictions. Monitoring confirms actual ambient concentrations allowing measures to be prioritised and to have quantifiable direct air quality benefits.
We recommend that any future Northern Ireland Air Quality Strategy should consider
not only actions to meet legal limits but also the link between air quality improvements and long term wider benefits to the health and wellbeing of our population. While legal limits (EU Limits and UK Objectives) are in place to protect human health, continued reductions in background concentrations of air quality should be an important target for any future strategy. A Northern Ireland Air Quality Strategy should consider not only actions to meet legal limits, but also include assessment and quantification of how wider air quality improvements can benefit public health. This should include research in the relationship between air quality and public health, to establish if a reduction in air pollution will have long-term health benefits and potential savings to the Northern Ireland Health Service.
Recommendation It is recommended that Members grant retrospective approval in relation to the comments to the Consultation on the Draft Revised UK Air Quality Plan for Tackling Nitrogen Dioxide (Tackling Nitrogen Dioxide in our Towns and Cities).
Lisburn & Castlereagh City Council Consultation Response Consultation on a draft revised UK Air Quality Plan for tackling nitrogen dioxide, June 2017 The deadline for receipt of this consultation to Defra is 15 June 2017. This response has been submitted to Defra subject to retrospective approval from the Council.
Questions for consultation 1. How satisfied are you that the proposed measures set out in this consultation will address the problem of nitrogen dioxide as quickly as possible? Lisburn & Castlereagh City Council considers that the focus of proposed measures as set out within the May 2017 Draft UK Air Quality Plan for tackling nitrogen dioxide is primarily targeted towards Local Authorities in England. It is noted however, that the actions focussed on Northern Ireland include:
Revising Northern Ireland’s air quality policy and legislation and devise an Air Quality Action Plan.
Ensuring Local Development Plans and planning decisions take account of existing regional strategic planning and transport policies and guidelines to encourage the use of walking, cycling and public transport.
We would recommend that these actions in particular are brought forward as soon as practicable by the Department of Agriculture, Environment and Rural Affairs (DAERA), including for example, Northern Ireland specific Air Quality Strategy and Action Plan documents and an update to the various supporting policy guidance documents including Local Air Quality Management Policy Guidance LAQM PGNI (09) as Part III of the Environment (Northern Ireland) Order 2002 continues to place a duty upon councils to review and assess air quality in their districts, to designate Air Quality Management Areas and to develop actions plans in pursuit of the achievement of the health-based air quality objectives. The Council believes that the development of policies and documents should be in partnership with all NI competent authorities and such bodies or persons representative of the interests of industry. Future
documents should have a clear focus on both regional and local issues. Until there is clarity regarding the content of these documents, the specific actions and a quantification of the benefits that they will provide, Lisburn & Castlereagh City Council is unable to comment on their propensity, coupled with national measures, to address the problems caused by high nitrogen dioxide concentrations within parts of Northern Ireland. 2. What do you consider to be the most appropriate way for local authorities in England to determine the arrangements for a Clean Air Zone, and the measures that should apply within it?
What factors should local authorities consider when assessing impacts on businesses?
These questions relate only to local authorities within England and so Lisburn & Castlereagh City Council has not provided a response. Lisburn & Castlereagh City Council would however, want to be consulted and involved as soon as practicable on the development of a Northern Ireland Air Quality Strategy and Action Plan. 3. How can Government best target any funding to support local communities to cut air pollution? What options should the Government consider further, and what criteria should it use to assess them? Are there other measures which could be implemented at a local level, represent value for money, and that could have a direct and rapid impact on air quality? Examples could include targeted investment in local infrastructure projects. How can Government best target any funding to mitigate the impact of certain measures to improve air quality, on local businesses, residents and those travelling into towns and cities to work? Examples could include targeted scrappage schemes, for both cars and vans, as well as support for retrofitting initiatives. How could mitigation schemes be designed in order to maximise value for money, target support where it is most needed, reduce complexity and minimise scope for fraud? Lisburn & Castlereagh City Council would welcome government funding support for prioritised and integrated policies and actions to improve ambient air quality across Northern Ireland as a whole. We are aware that the Department of Infrastructure has developed a small grants programme for the development of greenway schemes and we have identified a number of options for developing strategic greenways in our Local Development Plan (Proposed Options Paper). It is considered however, that significant investment must be prioritised towards connecting rural and urban locations across Northern Ireland, with an emphasis reducing the need for the use of the private car. Over 100,000 commuters travel into Belfast from other areas to work every day. Workers travelling into and out of Belfast through Lisburn & Castlereagh City Council boundaries are a significant contributor to road traffic congestion and to air pollution within this Council area. There is a need to focus on the regional transport network (bus and rail) in order to better connect commuters living in the surrounding conurbations, without the need for reliance on single occupancy vehicles. Incentives must be introduced to make public transport the preferred option for the majority of commuters, in terms of cost, journey time and capacity. Presently, in many cases, it is cheaper for people to commute using their car than by train. 4. How best can governments work with local communities to monitor local interventions and evaluate their impact? The Government and the devolved administrations are committed to an evidence-based approach to policy delivery and will closely monitor the implementation of the plan and
evaluate the progress on delivering its objective. We note that ‘actions focused only in NI’ are relevant to delivering improvements in Northern Ireland in accordance with the Northern Ireland Draft Programme for Government (PfG) 2016-2021. The inclusion of an air quality indicator within the Draft PfG is to be welcomed and it is evidence that fostering engagement around, and improving air quality is confirmed as a Government priority. We do however have some concern about the approach in relation to how the indicator is to be measured and the implication of such an approach for areas with high NO2. It would appear that the indicator will make use of annual average concentrations across Northern Ireland at urban background and urban roadside NO2 monitoring sites. For example, the "urban roadside sites mean" is the mean of all roadside or kerbside sites with at least 75% data capture These mean values will then be assessed against the annual average limit value for NO2 of 40µg/m3. The historical trend data contained within the PfG shows that since 2004, the means of the annual averages for urban roadside and background sites have consistently been below 40µg/m3, suggesting that NI is in compliance with the limit value at all locations and that there are no nitrogen dioxide air quality issues. In reality however, there are numerous locations across Northern Ireland, which continue to exceed the nitrogen dioxide annual mean limit value. As a consequence of the adoption of this air quality indicator, air quality issues in locations of continued exceedence will be obscured, thereby compromising government and council abilities and actions to deliver the health based air quality limit values for nitrogen dioxide as soon as is possible. Although a duty exists upon Northern Ireland councils to periodically review and assess air quality, and to develop and manage local air quality action plans, responsibility for regional strategic planning, public transport policy and for managing the road network lies with the Department for Infrastructure. Councils, through evidence based monitoring results, will continue to seek to influence the Department’s policies and proposals, in order to ensure that local air quality issues are afforded due consideration. However, should the DfI not consider it appropriate to take up actions proposed at local level, councils do not have the legislative powers to compel the Department to implement them. Accordingly, the council considers it critical that interventions and impact evaluation are informed by reliable good quality monitoring data in relation to both national and local policy decisions. It is considered that long-term funding within DAERA should be secured on a needs basis to allow Northern Ireland local authorities to plan for air quality requirements, maintain monitoring networks and to carry out their legislative duties put on them relative to successful action evaluation. 5. Which vehicles should be prioritised for government-funded retrofit schemes? We welcome views from stakeholders as to how a future scheme could support new technologies and innovative solutions for other vehicle types, and would welcome evidence from stakeholders on emerging technologies. We currently anticipate that this funding could support modifications to buses, coaches, HGVs, vans and black cabs. The Council would suggest that further radical changes are required. Clean air zones should be
a priority. Buses should be electric or hybrid in built up areas as they are a major contributor to Nitrogen Dioxide. Bus and train stations should further provide bike schemes that link to wider initiatives encouraging active travel where walking, cycling and public transport access is prioritised. The incentivisation of public transport schemes with commuters would encourage a further modal shift. 6. What type of environmental and other information should be made available to help consumers choose which cars to buy? The current government policy approach to transport, with a primary emphasis on the reduction of carbon dioxide emissions, has led to a rapid increase in the uptake of diesel-fuelled vehicles across Northern Ireland, which has had a corresponding significant detrimental impact on the actions to deliver National and European air quality standards. It is evident that current government policies need to be updated in order to address this issue, however, although actions to accelerate the uptake of ULEV may result in a lower environmental impact at their point of use, their overall impact is directly related to the manner in which the electricity to power them is generated. This should be considered appropriately. Consumers should be provided with adequate information to make informed decisions on all aspects of the potential environmental impacts a vehicle may have. Should the accelerated uptake of ULEV be a prioritised action for NI, significant investment will need to be put into the existing electricity generating and distribution networks and infrastructure. 7. How could the Government further support innovative technological solutions and localised measures to improve air quality? Lisburn & Castlereagh City Council is unable to respond to this question until Northern Ireland specific actions are confirmed. 8. Do you have any other comments on the draft UK Air Quality Plan for tackling nitrogen dioxide? The government’s modelling approach employed for the UK reports NI in compliance with the nitrogen dioxide annual mean limit value despite exceedences of the limit value in the metropolitan area. National actions included within the Air Quality Plan, such as additional funding to accelerate the uptake of electric taxis do not explicitly demonstrate how they can help to deliver improvements in nitrogen dioxide concentrations across NI and particularity within the various Air Quality Management Areas. Perhaps of greater significance is the fact that although CAZs are considered by government to be the most effective means of achieving the nitrogen dioxide limit values, they are not mentioned as an option for Northern Ireland, even as an opportunity for delivering air quality improvements in relation to wider health benefits. It is this Council’s view that any new air quality action plan for nitrogen dioxide for Northern Ireland should not solely focus upon delivering limit values within existing Air Quality Management Areas but it should also focus upon improving ambient quality as a whole The successful integration of transport and land use is fundamental to the objective of furthering sustainable development. Sustainable patterns of development with local design that encourage
walking, cycle and public transport travel to local amenities can reduce the need for private car use. Where a modal shift occurs, this can contribute to improvements in air quality from reduced vehicular emissions and associated health benefits for residents in the council area. In determining a development proposal likely to generate a significant volume of traffic, planning authorities currently require the developer to submit a Transport Assessment so as to facilitate assessment of the transport impacts by the Department For Infrastructure. This Council would suggest that more emphasis and scrutiny needs to be placed on the Assessment submitted to ensure it promotes walking and cycling (eg. by providing pedestrian and cycle routes and crossings), encouraging the use of public transport (eg. improved services, new stops, better information), supporting travel initiatives such as car-sharing, ensuring minimal and efficient freight movement etc. In its Local Development Plan, Preferred Options Paper Lisburn & Castlereagh City Council has identified proposed options to 7 key issues around transport and infrastructure. It actively seeks to encourage a modal shift towards Active Travel by the development of railways, seeks to ensure public transport connectivity and linkages between the city and towns and gives consideration to incentivising of public transport. The Council intends to retain and promote Park and Ride sites as an effective measure to ease congestion and reduce dependency by car and makes the commitment that any new development will only be permitted if it is able to demonstrate that it would have acceptable accessibility to walking, cycling and public transport facilities.
2011/2012
Lisburn and Castlereagh City Council
Environmental Services Environmental Health Service Unit
Food Control Service Plan 2017/2018
APPENDIX 6 EH
FOOD SERVICE PLAN 1.1 AIMS AND OBJECTIVES 1.2 LINKS TO CORPORATE OBJECTIVES AND PLANS
BACKGROUND 2.1 PROFILE OF THE CITY 2.2 ORGANISATIONAL STRUCTURE 2.3 SCOPE OF THE FOOD SERVICE 2.4 DEMANDS ON THE SERVICE 2.5 ENFORCEMENT POLICIES
SERVICE DELIVERY 3.1 FOOD PREMISES INSPECTIONS 3.2 FOOD COMPLAINTS 3.3 HOME AUTHORITY PRINCIPLE 3.4 ADVICE TO BUSINESSES 3.5 FOOD SAMPLING PROGRAMMES 3.6 CONTROL AND INVESTIGATION OF OUTBREAKS AND FOOD
RELATED INFECTIOUS DISEASES 3.7 FOOD SAFETY INCIDENTS 3.8 LIAISON WITH OTHER ORGANISATIONS 3.9 FOOD SAFETY AND STANDARDS PROMOTION
RESOURCES 4.1 FINANCIAL ALLOCATION 4.2 STAFF DEVELOPMENT PLAN
QUALITY ASSESSMENT 5.1 QUALITY ASSESSMENT
REVIEW 6.1 REVIEW AGAINST THE SERVICE PLAN 6.2 IDENTIFICATION OF VARIATION FROM THE SERVICE PLAN 6.3 AREAS OF IMPROVEMENT
1-34-7
89-11
11-121212
13-17
181818191919
20
20-2122
2324
24
25 25 26
1
INTRODUCTION As a result of the Food Standards Agency document, ‘Framework Agreement on Local
Food Law Enforcement, forwarded to District Councils in September 2000, it is necessary
to undertake a project to consider the Department’s Food Service Plan separately.
This document focuses on the business planning issues undertaken to date, in terms of
the framework agreement for the Food Hygiene and Food Standards core functions.
The Agreement also relates to Feeding Stuffs enforcement, which is not a Northern Ireland
District Council function and is therefore not considered in this document.
1.0 SERVICE AIMS AND OBJECTIVES 1.1 Aims and Objectives Aim:
To ensure the safe production and sale of food within the Lisburn and Castlereagh City
Council area, reduce the possibility of food borne illness and protect the consumer with
regard to composition and labelling of food. These aims and objectives are consistent with
the FSA and CEHOG Strategic priorities for 2015-2020
1. To inspect food businesses for compliance with the Food Hygiene Regulations
(NI) 2006 and any EC Regulations relating to food made under the European
Communities Act 1972, assess food-handling practices, identify hazards and
take action to remedy any problems discovered. The frequency of inspection
will be based on risk assessment of premises in compliance with the Food Law
Code of Practice (NI) 2016
2. To inspect food businesses for compliance with the Food Safety (NI) Order 1991
and EC Regulations relating to food standards, to ensure that legal requirements
are met in relation to the quality, composition, labelling, presentation and
advertising of food. The frequency of inspection will be based on risk
assessment of premises in compliance with the Food Law Code of Practice (NI)
2016
2
3. To work towards the implementation of the Outcome Framework detailed in the
FSA and Local Authorities draft Strategic Priorities Report.
4. To implement the mandatory Food Hygiene Rating Scheme as required by the
Food Hygiene Rating (Northern Ireland) Act 2016, in order to ensure that
Statutory Food Hygiene Ratings are displayed to assist consumers to make
informed choices.
5. To provide advice and assistance to food businesses to enable them to comply
with Food Standards Agency guidance “E.Coli 0157 Control Of Cross
Contamination”
6. To act as “Home Authority” to manufacturers and packers of food, located within
the City, providing advice, food hygiene and food standards audit reports and
responding to requests for “Home Authority” reports from other Councils.
7. To improve the understanding of food safety requirements by persons handling
food, by formal food hygiene courses and informal education during visits to
premises and providing advice and recommendations.
8. To investigate complaints regarding premises, practices and food items.
9. To carry out a proactive and reactive food-sampling regime for chemical
analysis.
10. To carry out a proactive and reactive food-sampling regime for bacteriological
analysis.
11. To investigate individual cases and outbreaks of food borne illnesses as notified
by the PHA and members of the public and to assist in the control and spread of
foodborne diseases
3
12. To provide a Health Education and promotion service to the food industry and
the public, to ensure greater awareness of food safety and issues in both the
commercial and domestic settings.
13. To deliver nutrition awareness to the catering sector by initiatives and
incorporating the message during routine inspections .To implement schemes to
increase the range of healthy choices for the consumer and to contribute to the
implementation of the NI Obesity Framework
11. To comply with the requirements of the Framework Agreement on Local
Authority Food Law Enforcement
TARGETS
The objectives and actions detailed above will be measured in accordance with the
following table of targets. Where deviations from the targets are found, the targets will be
analysed and reviewed throughout the year.
Activity Target
Achieving compliance with the Allergen requirements of the Food Information Regulation (FIR)
Compliance assessed and advice given during every programmed inspection. Follow up action taken in accordance with the Northern Ireland Food Managers Group compliance strategy.
Inspection of high risk food premises 100% of risk category A & B - Achieve an improvement in FH
rating for those premises currently rated <3
70% of premises currently rated <3 improved
Issue of Food Hygiene Rating Notification.
100% of correspondence issued within 10 working days of inspection.
Issue of Statutory Notices (excluding Emergency Notices)
100% of Notices issued within ten working days of inspection.
Issue of Emergency Notices
100% of Notices issued within one working day of inspection.
Complaints, requests for advice, responses to queries and Food Alerts for Information
90% responded to within three working days.
Food Alerts for Action
100% responded to within one working day.
Infectious Disease Notifications 90% responded to within one working day
4
1.2 Links to corporate objectives and plans The food control service plan is part of a wider planning process adopted by the Council.
The high level aims of the Council are translated into operational objectives and in turn into
this service plan, which will be implemented by the Food Control Section of the
Environmental Health Service Unit
The Planning Cycle
Environmental
Services
Business Plan 2015-
2017
Community Plan
and
Council Strategy
2015-2017
Annual
Environmental Health
Service Unit Business
Plan
Performance
Improvement Plan
2017/2018
Food Service Plan
Food Control Section
(Environmental Health Service)
5
Service Plan The Food Safety Service Plan will be embodied in the Environmental Health Service Unit
Business Plan.
Delivery of Service
The food service performance is reviewed annually against local and national performance
indicators, within the Department’s business plan. External review is by means of the
Food Standards Agency’s LAEMS (Local Authority Enforcement Monitoring System)
annual return and through their ongoing monitoring of Food Hygiene Ratings. Internal
review is facilitated through internal audit.
Planning & Development
Environmental Health is consulted on planning applications and makes responses to
planning service after considering the environmental health effect the proposed
development could have on the locality. Directly, the unit aims to create a healthy, safe
and sustainable environment on a day to day basis by influencing that environment as far
as possible, such as consumer products, the working environment, the domestic
environment and pollution control are concerned.
Community Involvement
The Section considers interaction with its ‘customers’ as paramount in delivering its
services. The community is involved from a number of perspectives including:
Health Promotion & Education. – The service proactively aims to deliver health
information and education to the public from primary school age to senior citizens.
Examples of projects include; Food Safety Week targeting food safety in the home; food
hygiene training for places of worship, Cook-it Programme in partnership with the SEHSCT
,provision of food hygiene and nutrition courses that lead to nationally recognised
qualifications for employees in the local food industry.
Business & Industry
The Environmental Health Service Unit ensures that the regulatory services it carries out
have due regard to business constraints while balancing this against actual public health
risk therefore supporting economic sustainability. All proprietors of businesses are
consulted on the service provided by the Food Control Section. The Section continually
6
strives to keep businesses and industries updated and act as interfaces between the
service and themselves, through promotions, provision of training on legislation and
premise specific mailshots. Adherence to good Environmental Health Practice, e.g. Food
safety, Health & Safety and Environmental Protection makes good business sense and
helps companies attract new customers and retain existing contracts.
Forward planning and development
The Environmental Health Service receives a large number of public service enquiries and
refers these if necessary to the appropriate agency. Frequently this involves referrals
being made to appropriate agencies on the complainants / enquirers behalf. Officers
advise the Council to enable it to respond to consultations from other agencies. The
Service produces an annual business plan incorporating planning and development of the
service for the future, which is now incorporated into this document.
Principles The principles of the Food Control Section reflect those in the Departmental Service Plan
and in turn match those of the Council’s Corporate Strategy, namely:- Accountability, Civic
Leadership ,Transparency, Inclusivity, Value for Money ,Excellent Standards,
Overall Council Strategy The Food Control Section looks to the overall Council strategy
Council Vision
To be a progressive, dynamic and inclusive council, working in partnership to develop our community.
Strategic Themes and Our Partners The Council’s priorities are categorised under the themes of ‘Community & Culture’,
‘Strong sustainable economy and Growth’, ‘Environment, Health & Wellbeing’ and ‘Good
Governance & Service Delivery’
The Food Control Section will contribute to the Councils Strategic Themes
7
Theme 1 –Community and Culture
The Food Control Section can contribute to this theme by continuing to be customer
focused both with the public and businesses and their differing needs. The continued
provision of food safety related courses and initiatives for the local community and ethnic
groups will assist in developing stronger links to the Community and a greater sense on
inclusivity.
Theme 2-Strong and sustainable economy and Growth
The Food Control Section fully supports the Economic Development of local businesses.
The Food Control Section will work with food businesses to ensure that they comply with
their legal obligations, thereby assisting they compete in the supply of food in a regional
and global market. The Food Control Section will provide assistance to Event Organisers
such as The RUAS, Down Royal Racecourse and Ulster Grand Prix to ensure safe food is
provided at these high profile events thereby contributing to the ongoing success of such
events and assisting the implementation of a Tourism Strategy
Theme 3-Place and Environment
The Food Control Section will respond to planning consultations where necessary and
contribute within its remit to the Councils Sustainable Development Strategy
Theme 4 –Health and Wellbeing
The Food Control Section will continue to promote safe healthy communities and
individuals by ensuring that the food they eat is free from harm. The Section will work in
partnership to promote healthy food choices in food businesses with the aim of improving
the health and wellbeing of the City’s residents
Theme 5 Good Governance and Service
The Food Control Section will adhere to the Councils priority of being open, honest,
accountable and transparent about our spending and performance. This Food Control
Service Plan meets this objective.
The Food Control Section will operate in and effective and efficient manner and will be
accountable to Elected Members and the public in the service it provides and decisions
made
8
2 BACKGROUND
2.1 Profile of the Local Authority
On the 1st April 2015 Lisburn & Castlereagh City Council assumed responsibility for the
new Council area, following the amalgamation of Lisburn City Council and Castlereagh
Borough Council.
The Council, made up of 40 Elected Members, represents 140,205 residents in
58,868 homes and covers an area of nearly 200 square miles and stretches from Moira
and Glenavy in the West, across the City of Lisburn to Dundonald in the East.
.
9
2.2 Organisational Structure The Head of Service reports all food service issues to the Council via the Environmental
Services Committee, which is one of the Councils 6 Statutory Member Committees.
Environmental
Services
Corporate Services
The Council
Leisure &
Community Development
The Council has delegated a number of powers to the Director and Head of Service of
Environmental Services to allow for an improvement in the decision making processes
regarding food control (and other Environmental Health issues). All powers concerning the
delivery of the food service (with the exception of the institution of legal proceedings) rests
with the Environmental Health Officers. Only Officers with two years experience are
permitted to issue Hygiene Emergency Prohibition Notices or Remedial Action Notices
Development
Planning
Governance &
Audit
Heather Moore Director of Environmental Services
Head of Service Environmental Health
Environmental Services (Environmental Health) - Reporting Structure
Environmental Health Manager
Food Control /Consumer Protection
Environmental Health Manager
Health & Safety
Environmental Health Manager
Environmental Protection
Environmental Health Manager Public
Health/Regulatory
Administrative Support
4.2 FTE EHO’S
(Food) 1 FTE EHO
(CP)
3.6 FTE EHO’S 2 FTE Corporate H&S
Advisors
3 FTE EHO’S 1 SEO
3 FTE Enforcement Officers
2 FTE Animal Welfare Officers
3.2 FTE EHO’S 1 FTE SEO
2 FTE Enforcement Officers
1.5 FTE Technical Officer
7 FTE Administration
Environmental Health Manager
Health and Wellbeing
1 FTE EHO’S 1FTE Tobacco Control
Officer 0.5 FTE HCO 1 FTE HSO
2 Student EHO’s
1 HSE (NI) Partnership Liaison officer
7 NIEA
1 Emergency Planning Officer
1 Emergency Planning Coordinator
11
Specialist Services
The Department also uses external specialist services, such as the Public Analyst, the
Public Health Laboratory and The Department of Agriculture, Environment and Rural
Affairs (DAERA).Currently Public Analyst services, in respect of analysis and opinions
regarding routine and complaint samples, are provided by Public Analyst Scientific
Services Ltd and there is a service level agreement determining the standard of service
between the Council and the Public Analyst. The Public Health Laboratory Service
provides microbiological examination of routine and complaint food samples and samples
of faeces and vomit obtained during investigation of food related illnesses. The number of
routine samples submitted for microbiological examination is subject to agreement
between the Northern Ireland Food Managers Group and the Public Health Laboratory
Service through the Public Health Agency.
2.3 Scope of the food service The following outlines the various types of activities covered by the food control service 1 Inspection
Planned Food Hygiene and Food Standards Inspections FHRS Rescore Inspections Re-visits
2 Response Work Advice Food Complaints Telephone queries Advisory Visits Food Poisoning and Other Infectious diseases Unsound Food Food Alerts Allergen Alerts
3 Sampling Bacteriological Chemical Pesticide residues Radiation Survey
4 Service Management Officer monitoring & supervision Co-ordination & uniform enforcement Maintenance of the Food Hygiene Rating Scheme Forward planning Reporting to Council Court Proceedings Document control Consultation with Stakeholders
5 Service Promotion Training Research Health Education Allergen Promotion and Education
12
All Environmental Health Officers could be asked to carry out other duties at any time by
the Head of Service e.g. Public Health calls during staff shortages or at holiday time
2.4 Demands on the Food Service At the time of writing Lisburn and Castlereagh City Council has 1378 premises registered
as food businesses currently open for which the authority has food enforcement
responsibility. They fall into the following premise categories:
Premises type Premise registered
Primary Producers 2 Manufacturers/Processors 73 Importers/Exporters 2 Distributors/Transporters 46 Retailers 236 Restaurant and other caterers 630 Packers 2 Childminders 387 The Food Control Section is currently located at Bradford Court, Upper Galwally, Belfast
.Food Control staff are available during normal working hours with out of hours planned
work being carried out as required at any appropriate time e.g. Chinese premises
inspections, Council and outside events e.g. Balmoral Show, Dundrod races, Hillsborough
Oyster festival, firework displays, Mayors Parade, local racecourse events etc. Officers
work flexi-hours between 8am and 12 midnight. An emergency response system is also
available 24 hours a day, 7 days a week for notification of infectious diseases via the PHA
and Food Alerts issued by the FSA
The service can also be contacted via Officers direct E-mail addresses and a Council wide
web site (www.lisburnandcastlereagh.gov.uk).
2.5 Enforcement Policy A Council wide Enforcement Policy was adopted by Lisburn and Castlereagh Shadow
Council. The policy is built on the principles of the European Concordat of Enforcement
and gives priority to the principles of consistency, transparency, targeting standards,
openness, helpfulness, complaints and proportionality. The policy will be available to the
public and businesses on the Council’s Website.
13
3. SERVICE DELIVERY Food Premises Inspections The Council intends to inspect food premises for compliance with all relevant legislation
according to risk as set out in the FSA approved Food Law Code of Practice and as a
result assess food hygiene and food standards requirements.
With the introduction of the Food Hygiene Rating Act 2016 Councils are required to inspect
and rate all premises that fall within the scope of the Act.
This will limit the use of alternative methods of enforcement for low risk premises as
guided by the FSA Food Law Code of Practice. The alternative methods of enforcement
which could be used are, sector specific seminars/presentation, the use of self-
assessment questionnaires and information guidance.
Were a shortfall of resources occur the Council will consider were appropriate a range of
interventions in place of food inspections for businesses including the NI CEHOG
Compliance Strategy, where these are deemed to be suitable, based on previous risk
assessments and in line with the Food Law Code of Practice
Appropriate action within the terms of the Council’s Enforcement Policy will be taken to
remedy any non-compliance discovered.
During the year 2017/2018 the planned numbers of inspections are as follows:
FOOD HYGIENE PROFILE OF ACTIVITES
Category
Frequency
Total No of
Premises
Inspections
for 2017/18
Hours
Total Hours
A
6 months
1
2
8
16
B 1 year 13 25 6.5 162.5
C 18 months 194 168 4.5 756
D 2 years 333 275 3.5 962.5
14
E Alternative
Enforcement
391 157 2 314
Unrated,
etc.
N/A 37 37 4 148
Outside the
programme
N/A 388
TOTALS
1357
664
2359
Average inspection time = 3.55 hrs
FOOD STANDARDS PROFILE OF ACTIVITIES
Category Frequency Total No. of
Premises
Inspections
for 2017/18
Hours Total Hours
A 1 year 6 6 9 54
B 2 years 115 86 6 516
C 5 years 812 219 2 438
Unrated etc N/A 36 36 4 144
Outside the
programme
388
TOTALS 1357 260 1152
Average inspection time = 3.31hrs
16
Work plan Framework ACTIVITY CODE TASKS TIME TOTAL HOURS
Planned FH Inspections 0101 664 3.55 2359 hrs
Planned FS Inspections 0101 260 3.31 1152 hrs
New Premises 0102 150 4 600 hrs Re-Visits (Estimate 50%) 0205 365 1.5 547.5 hrs
Re-Score Visits FHRS 0211 32 2.5 80 hrs Advice Visits & Other Service Requests
0203 145 2 290 hrs
Add. HA Premises 0203 73 8 584 hrs Bacto-Sampling 0501 572 0.75 429 hrs Chemical Sampling 0501 280 1.25 437.5 hrs Food Complaints Investigation 1806 63 5 315 hrs
Food Poisoning Outbreaks 0207 1 50 50 hrs Communicable Diseases 0207 51 2 102 hrs Food Alerts (FAFA/FAFI) 0201 70 1 70 hrs Unsound Food 0306 5 4 20 hrs Health Education incl Churches Talks 5 10 50 hrs
Meetings,Training/Sems, Research 450 hrs
Court Hearings Etc (incl Prep) 9800 1 15 15 hrs
Officer Monitoring/Supervision, Co-ordination and Uniform Enforcement
9200 151 2 312 hrs
Council Reports/LAEMS Returns 9302 10 / 1 2 / 40 50 hrs Forward Planning 9201 - 150 150 hrs Procedures - - 100 100 hrs Managing FHRS & Consistency - - 150 150 hrs Telephone Queries 1000 0.33 330 hrs
TOTAL HOURS REQUIRED: 8643
17
Staffing Allocations The staffing resources of the Food Control Section for 2017/2018 are as follows: -
Name % hours
Director Env Service Heather Moore 3 % = 42
Director P A 3% = 42
Head of Service Richard Harvey 15% = 210
Env Health Manager Robert Lamont 80% = 1122
EHO Debbie Walker 60% = 841.8
EHO Alison Collins 100% = 1403
EHO John Young 100% = 1403
EHO Elizabeth King 100% = 1403
EHO Heather Marshall 50% = 702
TOTAL= 7168.8
Following analysis of the total work demand on the Food Control Section of 8643
hours compared with the officer time available of 7168.8 hours there is a shortfall of
resources available equating to 1474.2 hours or 105 % of a FTE officer.
The Food Control Section will have difficulty meeting its obligations under the
Framework Agreement on Local Authority Food Law Enforcement and its legal duty
prescribed by Regulation (EC) No. 882/2004 – Official Feed and Food Control
Regulations due to this shortfall. The increase in reactive workload has arisen due to
the number of new food businesses opening or changing ownership which must be
inspected within 28 days of opening. More time is required to be spent with these
businesses in both an enforcement and educational role.
Additional officer time is required during inspections to implement the NI Allergen
Compliance strategy.
18
3.2 Food Complaints The Council will investigate all food complaints in accordance with the FSA Code of
Practice and the approved Northern Ireland Food Liaison Group procedure (2013). It
is estimated that approximately 63 complaints will be investigated during 2017/2018
with a total demand of time 315 hours.
3.3 Home Authority Principle Lisburn and Castlereagh City Council formally adopted the LACORS Home Authority
Principle in January 2001 although the food control service has been practising it
since its inception in the late 1980’s. Currently the Council is responsible for 73
manufacturing premise which distribute food outside the Council area.
3.4 Advice to Businesses The Council will aim to improve the understanding of food safety requirements by
persons handling food, through formal food hygiene courses and informal education
during visits to premises, and in the provision of advice and recommendations. It
shall also aim to provide a health education and promotion service to the general
public to ensure greater awareness of food safety issues in both the commercial and
domestic setting. .
Advice to businesses is given during planned programmed inspections or when a
food handler or member of the public contacts the food safety unit by phone, E-mail
or letter. A Health Promotion and Education Service in conjunction with the Health
and Wellbeing Section is also provided to the General Public. Talks and
presentations on any food hygiene/food standards or infectious disease topic can be
organised and presented at any time Food Safety Information has been translated in
Chinese, Urdu as well as Polish and other ethnic languages and is available on
request. This has of course become a statutory duty in the context of the Councils
Equality Scheme.
The increased importance of information to be provided by food businesses
regarding allergens and nutritional information will require engagement with food
business operations to ensure that there are additional choices available for the
consumer
19
3.5 Food Inspection and Sampling The Food Control Section adopted the NIFLG policy for sampling in 2012.
Food Standards (Chemical Samples) The Council takes 2 routine samples per 1000 population in its Borough. Therefore
about 24 samples per month or 280 samples per year are procured and submitted to
the appointed Public Analyst these include food articles and packaging. This may
then be supplemented by additional samples, such as special surveys or complaint
samples, in order to meet the Public Analysts Service Level Agreement with the
Council.
Food Hygiene (Bacteriological Samples)
The target number of bacteriological samples submitted is 11 per week. This may be
supplemented by complaint samples or special surveys organised by FSA, PHLS etc.
The Public Health Laboratory Service at the City Hospital, Belfast examines these
samples free of charge, for resource implication see 3.1.
3.6 Control and Investigation of Outbreaks and Food Related Infectious Diseases Although the Public Health Agency is the regional authority responsible for the
investigation of infectious diseases the Council will investigate all individual cases of
food poisoning as notified by the Public Health Agency within 1 working day. We will
also investigate as appropriate alleged food poisoning if reported by GPs or
members of the Public and report these to the Agency. These notifications are
received and returned electronically to increase efficiency and confidentiality.
We investigate and act as agents to the Public Health Agency for any food poisoning
outbreaks in the City Council area.
These procedures will be in accordance with the Public Health Agency policy on the
investigation of food poisoning incidents and outbreaks where we report to the
Consultant in gastrointestinal infection who is under the control of the PHA. On
average we receive approximately 51 individual cases of food poisoning and 1
outbreak per year - for resource implication see 3.1.
20
3.7 Food Safety Incidents The Council will act on all food safety incidents in accordance with the FSA Code of
Practice and will deal with all notified Food Alerts. Food Allergy alerts will be
responded to as required
The resource implication is detailed in 3.1 and all food alerts will be responded to
within 1 day.
3.8 Liaison with other organisations
Lisburn & Castlereagh City Council established strong links with other Councils prior
to reorganisation both within the previous Eastern Group area and with other
Councils. These links have been maintained and serve to permit a close working
relationship involving the sharing of information/expertise and joint working and
training initiatives.
Representation on Government working groups
Staff within the Food Service represent the Council on Government Working Groups
such as The Food Hygiene Rating Implementation Group, The Imported Food Group
and the Health and Wellbeing Group
Liaison with professional working groups
Similarly, the Environmental Health Manager (Food Control and Consumer
Protection) provides the main liaison point on behalf of the Council to such bodies as
DAERA, Health and Safety Executive, QUB, University of Ulster, CIEH and other
professional groups.
Commitment to Local/Regional Groups Under the Environmental Health Northern Ireland group a sub-group, known as the
Northern Ireland Food Managers Group (NIFMG) has been created. The NIFMG has
representation from each of the 11 Councils. It provides advice and co-ordination of
Food Control matters throughout the Province.
The NIFMG produces a work plan on several food related areas each year which are
undertaken throughout all the 11 Councils.
21
Liaison and Involvement with LACORS
Although the Council operates the principles of Home Authority as devised by
LACORS, the organisation itself has ceased to exist and the Primary Authority
system overseen by the Better Regulation Delivery Office (BRDO) has to a great
extent, replace the Home Authority system in Great Britain. In the absence of the
obligatory application of this system in Northern Ireland, local authorities, including,
Lisburn & Castlereagh City Council will follow as far as possible the protocols
involved with Primary Authority principle. This only has implications for some of the
larger businesses (e.g. superstores) and Councils in Northern Ireland will also
continue with the Home Authority approach with businesses whose primary location
is within the Borough.
Formal Liaison with Voluntary Group and Public Sector Bodies
The NI Food Managers Group provides specialist advice to voluntary groups, usually
upon demand. The NI Tourist Board, Invest Northern Ireland and other such bodies
are also dealt with in a similar way.
The Public Health Agency has a close working relationship with the Council,
particularly in the area of infectious disease control. The relationship with the Public
Health Consultant for Gastro-intestinal illness has proved to be the main interface in
this aspect.
Formalised liaison is maintained with other services within the authority, including
Planning Service, Building Control, Events Organisers and the Home Safety Group.
22
3.9 Food Safety and Standards Promotion
The Council will aim to:
Improve food handler’s understanding of food safety requirements, by
provision of formal food hygiene courses and informal education during visits
to premises, in the provision of advice and recommendations, and to
Provide a health education and promotion service to the general public to
ensure greater awareness of food safety issues in both the commercial and
domestic setting.
In the coming year it is planned to undertake the following in conjunction with the
Health and Wellbeing section:
1. To collaborate with a range of organisations to embrace the aims and
objectives of the Investing For Health Strategy and to contribute to the
Councils Community Plan
2. Continue to provide Hygiene Instruction Training to Volunteers who
prepare food for Churches and Community Groups in conjunction with the
Health and Wellbeing Section
3. Facilitate food hygiene training in schools and South Eastern Regional
College by supplying materials, advice and in some cases, lecturers
4. Ongoing education during inspection of premises
5. Participation in national promotional events such as Food Safety Week
6. Engage with community groups to promote food safety in the home
23
4 RESOURCES
4.1 Financial Allocations
The Food Control Section is responsible for its own budget: -
Expenditure 2017/2018
£
Salaries 289,530
Staff Travel & Subsistence 16,000
Protective Clothing 500
New Equipment 640
Sampling 40,000
346,670
Food Standards Agency Grant Funding
The FSA traditionally allocated funding to Councils based predominately on
population, however from April 20115, grants were allocated based on prioritisation
of activities linked to food establishments. No additional funding has been allocated
to Councils for 2017/2018 to fund initiatives, however a bid for funding several
initiatives has been submitted to the FSA. All monies will be paid on a quarterly
basis.
For 2017/2018
FSA Core Funding £56,242.24
This is a reduction of approximately 13% on the grant received in 2016/17
24
4.2 Staff Development Plan
As part of the Council’s Investment in People Initiative, an employee development
scheme has been implemented. At present, staff training programmes are produced
following an annual review of the training needs of each officer, as part of the internal
monitoring processes operated in the Food Control Service. Training is tailored to
the needs of both the department and the individual members of staff and they are
provided with opportunities as they arise. A positive attempt is made to ensure that
these needs are met. A structured training programming is provided through the
NIFMG, which Lisburn and Castlereagh City Council fully supports. Delegates from
Council’s Food Control Service attend any courses organised by the Group.
5 QUALITY ASSESSMENT
5.1 Quality Assessment
In order to assess the quality of the Service the food control staff are involved in a
number of measures and monitoring arrangements: -
Monitoring of District EHO by Environmental Health Manager
All completed files will be monitored by the Environmental Health Manager. A
monitoring cover sheet has been introduced for files which is signed and dated
by the Officer carrying out the inspection and the Environmental Health
Manager.
Staff Meetings
The Environmental Health Manger will meet with staff on a regular basis to
discuss issues related to service provision and quality of the service.
Customer Engagement
A questionnaire is sent to every completed programmed inspection and
completed food complaint .These are regularly analysed and reported as part
of the Council’s performance review plan.
25
6 REVIEW
6.1 REVIEW AGAINST THE SERVICE PLAN
The activities detailed in the Service Plan of 2016/2017 have been reviewed as part
of the review of the Departmental plans. The Food Control Service Plan will be
reviewed on an annual basis in March
Performance
standard
Target
Monitoring
Actual
Performance
Response times:
Food poisoning
investigation
Food alert
Complaints
100% within 3 working days
100% within 3 working days
100% within 3 working days
Quarterly
100%
100%
97 %
Food Hygiene
Inspection
High risk
premises
Low risk
premises
100% within 28 days of
planned date
80% within 28 days or
planned date
Monthly
91%
83 %
Sampling
Chemical
Bacteriological
24 samples per month
11 samples per week
Monthly
24
samples/month
11
samples/week
6.2 IDENTIFICATION OF VARIATION FROM THE SERVICE PLAN
As indicated on the planned allocation of resources in Section 3.1 above, a shortfall
of 1 full-time officer exists and it is therefore accepted that all planned work will not
be able to be carried out throughout the incoming year.
This will result in the Council unable to meet its statutory obligation under Regulation
(EC) No. 882/2004 – Official Feed and Food Control Regulations
26
In order to rationalise decisions in respect of this shortfall, areas of work will be
prioritised according to risk and public benefit .Monitoring review, using specifically
designed internal performance indicators, will be carried out every quarter throughout
the year, to assess variations from the Service Plan. Following the discovery of any
variations, steps will be taken to address them, which could include redeployment of
staff into the Food Control Section.
6.3 AREAS OF IMPROVEMENT
Where variations are noted, they will form the basis of areas to be included in a
performance improvement plan for the following year.
To meet increasing demands on the service and address the shortfall between the
time required and time available, the various intervention strategies, which have been
approved within the Food Law Code of Practice (Northern Ireland) will be used,
where appropriate.
The pressures on the Food Control Service continues, as a result of increased time
required during inspections to ensure implementation of the FSA’s Guidance
regarding E.coli, The Food Hygiene Rating Scheme and the NI Allergen Compliance
Strategy combined with staff redeployment to deal with increased demand in other
core functions within the service.
The Food Hygiene Rating scheme requires that many businesses which were
previously regarded as low risk and excluded from the scope of the Food Hygiene
Rating Scheme (and not inspected) will now be included in the new mandatory
scheme. This will mean that they will have to be inspected before October 2017 in
order to give them a current rating. The result is that full inspections of all
businesses programmed for the current year will be unachievable.
Richard Harvey
Head of Service
Date Ratified by Environmental Services Committee ____________________
APPENDIX 9 EH
THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1985 – ARTICLE 3 LICENSING OF PLACES OF ENTERTAINMENT – RENEWAL OF LICENCE
The premises detailed below have been issued with an Entertainment Licence between 1 April 2017 and 30 June 2017.
Premises Name Street Town Postcode
South Eastern Regional College 25 Castle Street Lisburn BT27 4SU
Function Hall Bradford Court Castlereagh BT8 6RB
Castlereagh Hills Golf Club 73 Upper Braniel Road BELFAST
Lowquarter Orange Hall 37A Ballinderry Road Lisburn BT28 2QS
The Royal British Legion Hall 2 Sackville Street Lisburn BT27 4AB
The Studio Theatre Lisburn & Castlereagh City Council Island Civic Centre,
Lisburn BT27 4RL
Knockbracken Golf Academy 24 Ballymaconaghy Road BELFAST BT8 6SB
Ballymacash Rangers Football Club Rushmore Park Lisburn BT28 2HN
St Johns Parish Centre 51 Main Street Moira BT67 0LQ
The Old Schoolhouse (Logic Cafe) 34 Main Street Moira BT67 0LE
Lagan View Arms 20 Dromore Street Dromara BT25 2BJ
Carryduff Presbyterian Church Hall Church Road CARRYDUFF BT8 8DT
Alec Watson Hall Moss Road Lisburn BT27 4NW
St Josephs GAC Chapel Road Glenavy BT29 4LY
Christ Church Parish Halls 27 Hillsborough Road LISBURN BT28 1JL
Ruby's Dundonald 793 Upper Newtownards Road Dundonald BT16 2RE
Anahilt Presbyterian Church 14 Windmill Road HILLSBOROUGH BT26 6LT
Hillsborough Parish Church Main Street Hillsborough BT26 6AE
Lisburn Castle Gardens Castle Street Lisburn BT27 4SP
Dundonald International Ice Bowl 111 Old Dundonald Road DUNDONALD BT16 1XT
Lily Johnston's 18-22 Main Street Crumlin BT29 4WL
Second Dromara Presbyterian Church Hall
Begney Hill Road Dromore BT25 2AT
The Cardan Bar/Distil Bar/Club 41 Railway Street LISBURN BT28 1XP
Down Royal Racecourse Gravelhill Road Lisburn BT27 5RW
Lough Moss Centre Hillsborough Road CARRYDUFF BT8 8HS
Moneyreagh Community Centre 36A Church Road MONEYREAGH
Billy Neill Soccer Centre Comber Road DUNDONALD
Ballyoran Centre Ballybeen Limited Rosneath Gardens BELFAST BT16 0UN
Square One 8-10 Rathfriland Road DROMORE BT25 2BH
Larchfield Barn 375 Upper Ballynahinch Road LISBURN BT27 6XL
Enler Complex Unit 9 Craigleith Drive BELFAST BT16 2QP
Lisburn 1st Blues Supporters Club 7 Sackville Street LISBURN BT27 4AB
The Hillside 21 Main Street Hillsborough BT26 6AE
Hillsborough Social Club 1 Ballynahinch Road Hillsborough BT26 6AR
T Alexander & Co (Lisburn) Ltd 1 Young Street Lisburn BT27 5EA
Hillsborough Village Centre 7 Ballynahinch Road Hillsborough BT26 6AR
Drumbeg Parish Church Hall 79 Drumbeg Road Belfast BT17 9LE
Lisburn Rugby Football Club 71 Eglantine Road Lisburn BT27 5RQ
Moat Park Pavillion Comber Road DUNDONALD BT16 2AG
The Ballymac Hotel 7A Rock Road Lisburn BT28 3SU
Sarah Crothers Hall Beechland Drive Lisburn BT28 1HR
Dungoyne Community Centre/Bowling Club
Brooklands Road DUNDONALD BT23 4TL
Laganview Enterprise Centre 69 Drumbeg Drive Lisburn BT28 1NY
Lisburn Racquets Club 36 Belfast Road Lisburn BT27 4AS
The Highway Inn 8 Hillhall Road Lisburn BT27 5BU
APPENDIX 10 EH
THE PETROLEUM CONSOLIDATION (NI) ACT 1929 – PETROLEUM LICENCES ISSUED
The premises detailed below have been issued with a Petroleum Licence between 1 April 2017 and 30 June 2017.
Premises Name Street Town Postcode
Brackenvale Filling Station 520 Saintfield Road Carryduff BT8 8EU
Hilden Filling Station 60 Belfast Road Lisburn BT27 4AT
Lagan Oils – Hillhall Service Station 23-25 Hillhall Road Lisburn BT27 5BU
RUssells Shop-4-You 1 Pond Park Road Lisburn BT28 3LE
PSNI Transport Service Branch 15 Barrack Street Lisburn BT28 1TJ
Henderson Retail Ltd Dromara 34 Rathfriland Road Dromore BT25 2JG
Collingwood Mace 10 Lurgan Road BT67 0DD
Morrow Supervalu 97-99 Knockmore Road Lisburn BT28 2EA
Glenavy Filling Station 71 Main Street BT29 4LP
APPENDIX 11 EH
THE LICENSING (NORTHERN IRELAND) ORDER 1996 – LIQUOR LICENCE APPLICATIONS Between 1 April 2017 to 30 June 2017 the Environmental Health Service Unit has received 21 requests under The Licensing (Northern Ireland) Order 1996 which have been responded to the relevant Court as satisfactory with no objection.
Details Requester Description Response Remarks
Moira Demesne Main Street Moira, BT67
Patrick Hunt Regency Hotels (NI) Ltd
Occasional Liquor Licence
20/06/2017
Application for an Occasional Liquor Licence for Moira Calling (2 Day Festival), Friday 8 & Saturday 9 September 2017.
111 Newton Park Newtownbreda BT8 6LX
Patrick Hunt Regency Hotels (NI) Ltd
Occasional Liquor Licence
20/06/2017
Application for an Occasional Liquor Licence - Saturday 5 August 17 - for The Big Cookout (BBQ Event) to be held in the Car Park of The Four Winds Bar & Restaurant.
Stanley Park Lisburn
Barbara Boal The Three Crowns
Occasional Liquor Licence
08/06/2017 1st/2nd July 2017 - 1pm - 11pm
Stanley Park Lisburn
Barbara Boal The Three Crowns
Occasional Liquor Licence
08/06/2017 10/06/2017 - 1pm - 11pm
Down Royal Racecourse Complex
The Mount Charles Group Ltd
Occasional Liquor Licence
08/06/2017
Application for Occasional Liquor Licence for Down Royal Racecourse - Friday 23 & Saturday 24 June 2017
Unit 2 Laganview Enterprise Centre Drumbeg Drive Lisburn, BT28 1NY
Lisburn Community Inns Ltd
Occasional Liquor Licence
26/05/2017
Application for an Occasional Liquor Licence - Friday 16 June 2017 - Warren Young Men Football Club
Laganvalley Leisureplex Governors Road Lisburn, BT28 1LP
Barbara Boal The Three Crowns
Occasional Liquor Licence
23/05/2017
Lisburn Rangers Football Club - Application for Occasional Liquor Licence - 03/06/17
Laganvalley Leisureplex Governors Road Lisburn, BT28 1LP
Barbara Boal The Three Crowns
Occasional Liquor Licence
23/05/2017
Lisburn Rangers Football Club - Application for Occasional Liquor Licence - 26/05/17 - 27/05/17
Laganvalley Leisureplex Governors Road Lisburn, BT28 1LP
Barbara Boal The Three Crowns
Occasional Liquor Licence
23/05/2017
Lisburn Rangers Football Club - Application for Occasional Liquor Licence - 19/05/17 - 20/05/17
Details Requester Description Response Remarks
Down Royal Racecourse Gravehill Road Lisburn, BT27 5RW
The Mount Charles Group Ltd
Occasional Liquor Licence
19/05/2017
Application for Occasional Liquor Licence - Friday 26 May 2017
10 Lisburn Square Lisburn, BT28 1TS
Little Wing Ltd Grant of liquor
Licence 23/05/2017 Application
29 Old Coach Road Hillsborough BT26 6PB
Desmond Patterson The Plough Inn
Occasional Liquor Licence
17/05/2017
Application for an Occasional Liquor Licence at Downshire Football Club on 27/05/17.
13 Moira Road Lisburn, BT28 2HQ
Annette Elizabeth Creelman Gilgood Lodge
Transfer of Liquor Licence
17/05/2017
Licence also held by Damian Leonard, 7 Templeard, Culmore, Londonderry Court Date 1/6/17
Lisburn Orange Hall 76 Railway Street Lisburn, BT28 1XP
Brian Graham Dunmurry Inn
Occasional Liquor Licence
08/05/2017
Application for Occasional Liquor Licence:- Friday 19 & Saturday 20 May 2017
Balmoral Park Lisburn, BT27 5RE
Stephen Magorrian Wandsworth Pubs Ltd
Occasional Liquor Licence
05/05/2017
Application for an Occasional Licence - 10-13 May 2017 - Balmoral Show
Down Royal Racecourse Gravehill Road Lisburn, BT27 5RW
The Mount Charles Group Ltd
Occasional Liquor Licence
21/04/2017 Application for Occasional Liquor Licence - 01/05/17
St Joseph's Gac Chapel Road Glenavy, BT29 4LY
John McCaughan Fiddlers Inn
Occasional Liquor Licence
21/04/2017
App for an Occasional Liquor Licence - 27/04/17, 28/04/17, 29/04/17, 30/04/17
Lisburn Orange Hall 76 Railway Street Lisburn, BT28 1XP
Lisburn Community Inns Ltd
Occasional Liquor Licence
04/04/2017
App for Occasional Liq Licence for Friday 21st April - Saturday 22nd April 2017. Attached covering letter from Murray Kelly Moore Solicitors.
Balmoral Park Halftown Road Lisburn, BT27 5RF
Mark Marias Macaae Ltd Occasional
Liquor Licence 20/04/2017
Occasional Liquor licence sought by MACCAE LTD for April 22nd 2017 12:00 and 19:00 and 23rd April 2017 13:00 - 19:00 at the Ekion Exhibition Centre.
Governors Road Lisburn, BT28 1PR
Barbara Boal The Three Crowns
Occasional Liquor Licence
20/04/2017
Application for Occasional Liquor Licence at Lisburn Rangers Football Club - 22/04/17, 28/04/17, 29/04/17, 06/05/17 & 13/05/17
36 Railway Street Lisburn, BT28 1XP
Brian Graham Dunmurry Inn
Occasional Liquor Licence
04/04/2017
Lisburn Orange Hall - Application for an Occasional Liquor Licence - 17/04/17
APPENDIX 12 EH
BETTING AND GAMING (NORTHERN IRELAND) ORDER 2005; BETTING, GAMING, LOTTERIES AND AMUSEMENTS (NORTHERN IRELAND) ORDER 1985: ARTICLE 114 - AMUSEMENT PERMITS ISSUED The following premises were issued with an Amusement Permit between 1 April 2017 to 30 June 2017.
Premises Address Town Postcode Date Issued
3 Sevens 68-72 Chapel Hill LISBURN BT28 1BW 01-05-2017
Oasis 11 Lisburn Leisure Park Lisburn 01-07-2017
APPENDIX 13 EH
THE LITTER (NORTHERN IRELAND) ORDER 1994 - PROSECUTION OUTCOMES
Offender
Court Date
Offence
Fine
Imposed
Offender
Levy
Costs Awarded
Other Outcomes
Mr Wayne Riley
15 August 2017
Failure to respond to an Article 20 Notice for dumping.
£0
£15.00
Legal £129.00
Conditional Discharge for 12 Months
Lady from Belfast
18 August 2017
Failure to respond to an Article 20 Notice for Littering.
No fine – case withdrawn
£0
Court Fees: £ 64 Legal: £155 Fixed Penalty: £ 80 Total: £299
This case was withdrawn from Court on 18 August 2017 as offender accepted liability and paid costs in full to the Council.
Man from Belfast
15 July 2017
Littering
No Fine – case withdrawn
£0
Court Fee: £ 35 Legal: £143 Fixed Penalty: £ 80 Total: £258
This case was withdrawn from Court on 15 July 2017 as offender accepted liability and paid costs in full to the Council.
Noise Complaint Statistics Northern Ireland
2016/2017
Council Name: Lisburn & Castlereagh City Council
Returning Officer: Sally Courtney
Contact Address:
Bradford Court
Upper Galwally
Belfast
BT8 6RB
Telephone: 028 92447401
Fax:
e-mail: [email protected]
Signed:
Date: 19 May 2017
APPENDIX 14 EH
2
Category of Source
Total Complai
nts Receive
d
Number of Notices Served (under section 58 and 63/65 CNEA)
Number of Prosecutions (under section 65 CNEA)
Industrial
Industry/Manufacturing/ 13 Agricultural 5
Wind Turbine (individual 3 Wind Farm 0
Commercial &
Leisure
Entertainment Premises 4Sports & Leisure 3Filling Stations / Car 1Hot Food Bars / 2Other Shops & Offices 1Security Alarms 14Other 0
Domestic
DIY 4 Music / Television / 50 Animal Noise 291 House Alarms 6 Other neighbour noise 24
Construction
Construction Sites /Demolition Works
22
Transport
Road Vehicles 7 Railways 0 Civil Aircraft 0 Military Aircraft 0 Delivery Vehicles 1 Vehicle Alarms 0
Vehicle horns/revving engines/noisy exhausts
3
Noise
in Street
Loudspeakers 1 Road works 1 Ice Cream Van Chimes 0 Street Traders 0 Street Performers 3 Children Playing 2 Antisocial behaviour 2 Other 5
TOTAL 468
3
Noise Act 1996 (as extended by Clean Neighbourhood and Environment Act)
Warning Notices
Fixed Penalty Notices
Prosecutions Seizures
DwellingPremises with exhibition licencePremises with entertainment licenceLicenced premisesPremises with an occasional licence Premises where meals/refreshments are Premises occupied by a registered club
Additional Information
Number of alarm notification areas designated pursuant to CNEA
none Number of instances where a council officer has entered premises (without force) to silence an alarm none Number of instances where a council officer has entered premises (with force pursuant to a magistrate’s warrant) to silence an alarm none Initiatives or schemes adopted to: Increase noise awareness none Assist in controlling noise
4
none Aid enforcement none Justification or comments on notable/unusual results or changes in the nature of type of complaints received
APPENDIX 15 EH
AIR QUALITY PROGRESS REPORT 2017 The Progress Report sets out information on air quality obtained by Lisburn & Castlereagh City Council as part of the Review and Assessment process required under the Environment Order (Northern Ireland) 2002 and subsequent Regulations. Members may be aware that the UK Air Quality Strategy has established the framework which requires Local Authorities to review and assess air quality in their areas on a periodic basis so as to identify all areas where the air quality objectives are being, or are likely to be, exceeded. A phased approach has been adopted for the Review and Assessment process so that the level of assessment undertaken is commensurate with the risk of an exceedence of an air quality objective. An Updating and Screening Assessment (USA) is required to be prepared every 3 years by all local authorities in the UK with 2 interim Progress Reports. The last Updating and Screening Assessment of air quality was undertaken in 2015, this report is the 2017 Progress Report for Lisburn & Castlereagh City Council and has been completed using the recommended template. The report is fully compliant with the applicable policy and technical guidance. A hard copy will be made available to Members at the meeting. The report identifies no exceedances with relevant exposure of the Air Quality Strategy objectives during 2016 for any of the pollutants assessed. NO2 levels due to vehicle emissions is still the main source of concern within the Lisburn & Castlereagh City Council area as it is one of the main commuter belts of Greater Belfast. A number of diffusion tube sites were elevated in 2016 but Lisburn & Castlereagh City Council has determined this is most likely due to the uncertainty of diffusion tubes rather than an increase in NO2 levels. The real-time analyser with good data capture and accurate results showed a decrease in NO2 in 2016. The Report has been appraised by consultants for the Department of Agriculture, Environment and Rural Affairs (DAERA) who have accepted the content and stated: 1. The monitoring results confirm the status of the Air Quality Management Area
(AQMA), until such time the pollution levels fall consistently below the objective level, thus current monitoring should continue.
2. It is not clear to what extent monitoring has taken place at other similar
locations situated close to the Upper Newtownards Road, Dundonald. This location is sited close to a junction, and presumably is subject to the effects of queuing and stop-start traffic. The A20 is clearly a busy road, and other potential sites of relevant exposure should be considered along this road.
3. There is no specific detail from the Action Plan concerning whether approaches
have been made to the relevant authority in Transport NI with regard to any measures to smooth traffic flows in this area, reduce queuing, and contribute to reduced emissions in the AQMA area. We suggest this may be worth pursuing as a means of reducing the pollution levels in the AQMA, and achieving the air quality objective at this location.
Automatic monitoring shall continue within the AQMA and throughout the Council area using NO2 tubes to ascertain further trends. In 2017 the AQMA shall remain in the Dundonald area, as a continuing trend in a reduction of NO2 has not been determined. In addition, Officers will determine if additional monitoring is required at other similar locations situated close to the Upper Newtownards Road, Dundonald, particularly other potential sites of relevant exposure along this road. Recommendation It is recommended that Members note the report in relation to the Air Quality Progress Report for 2017 and in particular the intention to continue monitoring within the Air Quality Management Area (AQMA) until such times as pollution levels fall consistently below the objective level.
APPENDIX 16 EH
MINUTES OF SAFETY ADVISORY GROUP MEETING HELD ON WEDNESDAY 19 JULY 2017 AT 9.30AM IN
THE WAITING ROOM, BRADFORD COURT, CASTLEREAGH Chair: Heather Moore LCCC (HM) In Attendance: Sandra Pinion LCCC (SP) Danielle McCaffrey LCCC (DMcC) Gemma McKenna LCCC (GMcK) Julie Bunch LCCC (JB) Kieran Connolly LCCC (KC)
Ricky Taylor PSNI (RT) – arrived at 10.30am Aine McCabe LCCC (AMcC) – arrived at 10.30am
Apologies: Richard Harvey LCCC (RWH) Jeremy Cowen NIAS (JC) Joanne Smylie NIAS (JS) NIFRS – not in attendance ACTION 1. MINUTES OF 21 JUNE 2017
Amendment – Page 3, Section 8. Debriefs Outstanding after 1 Month – Conquer The Castle – 21 April 2017 – LCCC – Debrief had been received and this event should have included in Section 6 – Debriefs Received. Previous Minutes were agreed for accuracy.
Noted Noted
2. MATTERS ARISING
UGP has named Zara Baird as their Competent Person for the event. Black Saturday has named Brian Kerr as their Competent Person. The Hillsborough Oyster Festival has been cancelled this year but H&S officers will make contact with Mr Derek Patterson from The Plough in Hillsborough in respect of an alternative event that is understood to be proposed.
DmcC
3. PRESENTATIONS
Moira Calling Browne Lemonade Ltd Debrief from last year’s event was discussed and no concerns were noted by SAG. Matt Minford - Forfey, Production Manager, Becky Turnock - Smallworld Music Ltd, Event H&S, Michael Ferguson - Director of Browne Lemonade, Event Organiser, Olwyn Ferguson - Director of Browne Lemonade, Event Organiser, attended. Competency of event personnel was confirmed SAG notification and the event management plan were both received with no issues. Michael Ferguson confirmed that his team were pleased with the overall management of last year’s event. An amendment to this year’s event
includes an additional night, Friday night, when there will be a performance of Macbeth by a local drama company. RT confirmed that the PSNI had no issues with last year’s event with regard to community impact. Michael Ferguson stated that members of Moira Calling would again carry out door to door visits prior to the event. Aine McCabe LCCC stated that there had been no noise issues at last year’s event and several other licensing queries were addressed and clarified HM suggested that the event organisers liaise with elected members so as to inform of the event and identify a point of contact for the event. HM sought confirmation on management of access to the event if personnel arrived under the influence of alcohol/drugs. . RT stated that the event had a more specific target audience profile so this was quite unlikely and Becky stated that patrons under the influence would not be permitted access. Reassurance was given that bags would be searched by security on arrival. RT also wanted it recorded that security should be stepped up in light of recent terrorist attacks. Michael Ferguson confirmed that Eventsec would be handling security again and felt the company was well experienced in dealing with all aspects of security. Michael Ferguson stated that site rectification would begin at the close of the event and, as last year, the site would be returned to the council fit for purpose on Monday morning. Moira Food Fair, LCCC Event Joanne McErlain - Babble, Event Organiser & Co-ordinator and Noel Sweeney - Babble, Event Operations Manager, were in attendance. Competency of event personnel was confirmed Outstanding debrief from last year to be forwarded asap. Joanne stated that issues from the previous event were taken on board which she hoped would make improvements this year. Event notification has been received with no issues. Joanne confirmed the format and layout of this year’s event was the same as in previous years with the same security team. An Occasional Liquor Licence will be applied for. A key issue from last year’s event regarding dogs and dog management will be addressed this year. A local company, Hiker Hounds, will provide a dog crèche service. Joanne stated that another key issue to be addressed is the weather which caused problems at last year’s event. Ponchos have been ordered and rubber matting will be used to create pathways to ease access for patrons with disabilities. A gazebo village is being set up to provide shelter from the rain and shade from the sun. The Dog Warden will be present at the event to encourage responsible dog ownership. LCCC will have a stand at Moira Food Fair. HM suggested the inclusion of waste management officers at the event so as to promote the food waste policy and operational needs .
4. EVENTS NOTIFICATIONS RECEIVED
Old Warren Festival 8 July 2017
July Celebration Funday 11 July 2017
National Balmoral Championships 16 – 19 July 2017
LCCC Triathlon & Aquathlon 6 August 2017
BMMG Anniversary 24 August 2017
Holiday Meals Festival (Non SAG)
LCOVC Classic Car & Bike Run to UGP Dundrod 7 August 2017
11 July Family Fun Day, 11 July 2017
We Wish you a Circus Christmas 12 December 2017
LCCC Triathlon & Aquathlon will take place on 6 August 2017. Event Notification has not yet been received. SP and RWH to meet with Brendan Courtney LCCC to ensure that Corporate H&S requirements and SAG support/recommendations are confirmed The LCOVC Classic Car and Bike Run to UGP Dundrod, 7 August 2017, event has been taken over as a council event with Ross Gillanders as event manager. Carolyn Thomas has been named as the competent person.
Noted SP/RWH
5. EVENTS HELD
Teddy Bear’s Picnic 26 & 28 June 2017
Gaming on the Big Screen 24 June 2017
Drumlough Community Festival June/July 2017
Old Warren Festival 8 July 2017
July Celebrations Funday 11 July 2017
11 July Family Fun Day, Breda Terrace, 11 July 2017
Ballybeen Cultural Funday 11 July 2017
National Balmoral Championships 16 – 19 July 2017
Noted
UGP Launch
6. DEBRIEFS RECEIVED
Teddy Bear’s Picnic 26 & 28 June 2017. No issues noted.
Bake in Lisburn Castlereagh 6 June 2017. No issues noted.
Gaming on the Big Screen 24 June 2017. No issues noted.
Colour Run 3 June 2017. No issues noted.
Spring at the Balance House 6 May 2017. No issues noted.
Atlas Running 7 May 2017. No issues noted.
Lisburn Half Marathon 21 June 2017.
Lisburn Half Marathon, 21 June 2017, Debrief Discussion
A participant was involved in an alleged incident where she was clipped by the wing mirror of a car raising concerns about the safety of participants in events with vehicular access The participant went on to complete the half marathon but she did not inform the Event Managers until a later date. The Debrief was received directly after the event was held and indicated nothing of concern as was the case at that time. HM has requested that the Debrief be returned for updating and then re-submitted for consideration by SAG.
Noted SP
7. DEBRIEFS OUTSTANDING AFTER 1 MONTH
Mayors Parade & Fun day 20 May 2017 – reminder issued on 4/7/17 and must be received within the 3 month time frame
LVRP 50th Anniversary Event 21 May 2017 – debrief not requested as a BCC event
Saintfield Show 17 June 2017 – debrief not received officially but SAG has obtained debrief information which will be captured for next year’s event
All Ireland Italian Motor Event 27 May 2017 – debrief requested
Street Veledrome 7/8 June 2017 – debrief requested
Drumlough Community Festival June/July 2017 – debrief
requested
Classic Car Display in aid of NI children’s Hospice 23 April 2017 - Debrief requested
8. DEBRIEFS OUTSTANDING AFTER 3 MONTHS
Tannery Promotion
Dubshed
Closing Emails to be issued the event managers of both events.
DMcC/JB
9. FORECASTING OF FUTURE EVENTS
SAG to make contact with Derek Patterson to discuss the proposed event to replace the cancelled Oyster Festival. Sunflower Festival – now a well-established event. Paperwork has been received and planning is ongoing. Hilden Beer Festival – paperwork received via email today and Aine McCabe, Licensing Officer, has been in contact with the event manager. SAG is aware of various small events that have been scheduled to take place, but have not yet been informed to SAG. SP to liaise with Economic Development to remind of Corporate H&S/SAG needs.
DMcC/JB Noted SP
10. AOB
No issues raised
11. DATE AND TIME OF NEXT MEETING
16 August 2017
Meeting concluded at 12:15pm
Appendix 8
1
LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY ACTING HEAD OF OPERATIONAL SERVICES PURPOSE AND BACKGROUND
The purpose of this report is to set out for Members’ consideration a number of recommendations relating to the operation of the Council. The following items are for noting: 1. It is recommended that Members note the refuse collection service update.
2. It is recommended that Members note the illegal dumping figures for the 3
month period up to July 2017.
ITEMS FOR NOTING 1. SERVICE UPDATE: REFUSE COLLECTION
Following previous Committee updates Members are advised that delays to the refuse collection services have decreased significantly.
An exercise to rebalance routes is planned and Officers continue to monitor and respond to any missed bin requests on a daily basis.
A copy of the refuse collection data is attached in Appendix 1 OS.
Recommendation It is recommended that Members note the refuse collection service update.
2. CLEANSING SERVICES: ILLEGAL DUMPING UPDATE
Members are advised of the illegal dumping figures for the 3 month period up to July 2017. Further illegal dumping updates will be provided to Members going forward on a rolling monthly basis.
For Members’ information a copy of the illegal dumping information is attached in Appendix 2 OS.
Appendix 8
2
Recommendation It is recommended that Members note the illegal dumping figures for the 3 month period up to July 2017.
L KIRK ACTING HEAD OF OPERATIONAL SERVICES 21 August 2017
Appendix 1 OS
Refuse Collections: Week ending 11 August 2017 Total bins serviced per week
78,136
Total bins collected week ending 11 August 2017
77,862 99.6% completed
Total missed bins week ending 11 August 2017
274 0.4% missed
Total missed bins not collected within 1-2 days
0
Total overtime to complete work
0
Refuse Collections: Week ending 11 August 2017
Bin Missed Target amount to
collect
Actual collected
% Missed
% Collected
Mixed Dry 0 21,413 21,413 0.00% 100%
Residual 139 28,484 28,345 0.49% 99.51%
Compost 135 28,239 28,104 0.48% 99.52%
DUMPING July 2017
Date Activity East WestNumber
of Vehicles
Number of Men
HoursCost of
Men Tonnage
to LandfillTyre
DisposalLandfill
CostPrivate
or LCCCType of Material or Bags East Type of Material or Bags West Total Cost Landfill
Cost of men
Vehicle cost
Tyre disposal
rate01/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 002/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 003/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 0
04/07/2017Fly Tipping Drumbeg Drive/Richmond Ct/Front
Road/flowbog rd 1 3 3 £13 1.5 £85 LCCC broken full bin/litter/Carpet/PVC Door £244.50 £128 £117.00 £245 75 0
05/07/2017Fly Tipping Rusheyhill Rd/Wheelers
Rd/BallyColin/Thorndale 1 3 5 £13 0.5 £85 LCCC Tv/Mattress/Door/Rubble/Tarmac/Fridge/Rubble £237.50 £43 £195.00 £238 125 006/07/2017 Fly Tipping Rusheyhill Road /Blaris Walk 1 3 2 £13 0.5 £85 LCCC bin bags, 3 mattress, locker, oil tank £120.50 £43 £78.00 £121 50 007/07/2017 Fly Tipping Scroggy Lane/ Moira Road 1 3 1 £13 0.25 £85 LCCC Bones/rubbish and litter £60.25 £21 £39.00 £60 25 0
08/07/2017Fly Tipping
Flowbog/Wheelers/Sycamore Rd 1 3 3 £13 0.75 £85 LCCCbinbags/mattress/boxes/plastic chair/rubble/litter glass £180.75 £64 £117.00 £181 75 0
09/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 010/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 011/07/2017 Fly Tipping Drumbo Park/Sycamore Rd 1 3 3 £13 0.5 40 £85 LCCC Rubbish/litter/tyres £159.50 £43 £117.00 £160 75 4012/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 013/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 014/07/2017 Fly Tipping Flowbog Road 1 2 1 £13 0.5 £85 LCCC Rubbish £68.50 £43 £26.00 £69 25 015/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 016/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 017/07/2017 Fly Tipping Dungoyne Bottle Bank 1 2 0.25 £13 0.1 £85 LCCC 4 bags of bottles, 3 bags of garden waste £15.00 £9 £6.50 £15 6.25 018/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 019/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 020/07/2017 Fly Tipping Dungoyne Bottle Bank 1 2 0.25 £13 0.1 £85 LCCC 6 bags of waste, 4 bags of bottles £15.00 £9 £6.50 £15 6.25 021/07/2017 Fly Tipping Dungoyne Bottle Bank 1 2 0.25 £13 0.1 £85 LCCC Carpet, bags of bottles £15.00 £9 £6.50 £15 6.25 022/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 023/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 024/07/2017 Fly Tipping Dungoyne Bottle Bank Wheelers Road 2 5 2.25 £13 0.6 £85 LCCC 2 bags of bottles, 3 bags of household general rubbish/white goods £197.25 £51 £146.25 £197 112.5 0
25/07/2017Fly Tipping
Rusheyhill/Tullyrusk/Old Park/Budore Rd 2 5 5.25 £13 1.1 £85 LCCCbags of cement/plasterboard/wood/wire/plastic/rope £434.75 £94 £341.25 £435 262.5 0
26/07/2017 Fly Tipping Dungoyne Bottle Bank Thorndale Road 2 5 1.25 £13 0.6 £85 LCCC 2 car seats, 32" tv, fan 2 fridge £132.25 £51 £81.25 £132 62.5 027/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 028/07/2017 Fly Tipping Dungoyne Bottle Bank 1 2 0.25 £13 0.1 0 £85 LCCC Mattress, household waste £15.00 £9 £6.50 £15 6.25 029/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 030/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 031/07/2017 £13 £85 LCCC £0.00 £0 £0.00 £0 0 0
Totals 43 27.75 7.2 40 £1,895.75 £612 £0.00 £1,896 912.5 401193.25
£2,848.25Total per monthTotal man hrs
Appendix 9
LISBURN & CASTLEREAGH CITY COUNCIL MEETING OF ENVIRONMENTAL SERVICES COMMITTEE ON WEDNESDAY 6 SEPTEMBER 2017 REPORT BY HEAD OF SERVICE (BUILDING CONTROL) PURPOSE AND BACKGROUND The purpose of this report is to set out for Members’ consideration, a number of recommendations specifically relating to the operation of the Council. The following items are for decision:
1. To approve the naming of the proposed development off Old Dundonald Road, Dundonald
2. To approve the naming of the proposed development off Hillsborough Road, Lisburn
3. To consider information in relation to the Energy Performance of Buildings Regulations
The following items are for noting: 4. To note information regarding Building Control Applications - Full Plan
Applications and Regularisation Certificates
5. To note information regarding Department of Finance – Completion Notice Ready report to Land & Property Services
6. To note information regarding Department for Communities – Affordable Warmth Project
7. To note information in relation to Geographical Information Projects.
8. To note report regarding LCCC Development Management Planning Statistics during 2016/2017 Business Year
ITEMS FOR DECISION
1. STREET NAMING OFF OLD DUNDONALD ROAD, DUNDONALD
TDK Commercial Property Consultants has proposed the street name for an existing development of commercial properties off Old Dundonald Road in Dundonald. The proposal for the street name is:
Omni Park (1st Preference) Omni Crescent (2nd Preference)
The development layout is attached in APPENDIX 1(a) BC for Members information. This request meets with the requirements of the Council’s Street Naming Policy in that the name proposal ‘onmi’ is reflective of an entertainment and business park located in a collective area. The name consideration was also tabled to The Leisure & Community Development Committee in June 2017 as LCCC are the superior landlord for this development, APPENDIX 1(b) BC. No objection was made by the Elected Members of that Committee. The Building Control Service has not received objection to this proposal from the Elected Members of the relevant District Electoral Area nor from the Royal Mail Address Management Team.
Recommendation It is recommended that the street name Omni Park be allocated to this proposed development of existing commercial properties off Old Dundonald Road, Dundonald.
2. STREET NAMING OFF HILLSBOROUGH ROAD, LISBURN
CT Developments has proposed the street name for a development of 12 apartments off Hillsborough Road in Lisburn. The proposal for the street name is:
Hillsborough Road Mews (1st Preference) Hillsborough Park Mews (2nd Preference)
The development layout is attached in APPENDIX 2 BC for Members information. This request meets with the requirements of the Council’s Street Naming Policy in that the name proposal is in keeping with the surrounding and existing street name Hillsborough Road. The Building Control Service has not received objection to this proposal from the Elected Members of the relevant District Electoral Area nor from the Royal Mail Address Management Team.
Recommendation It is recommended that the street name Hillsborough Road Mews be allocated to this proposed development of 12 apartments off Hillsborough Road, Lisburn.
3. ENERGY PERFORMANCE OF BUILDINGS (CERTIFICATES AND
INSPECTIONS) REGULATIONS
Members will be aware that the duty for enforcing the Energy Performance of Buildings (EPB) Regulations was transferred to district councils on 30th
December 2009. Since that date Councils have agreed to Belfast City Council (BCC) becoming the employing authority for a dedicated team of officers, ‘the EPB Team’ which has an agreed ‘Enforcement Protocol’ with the Department of Finance (DoF) to aid consistent delivery and awareness of the legislation across all councils. This project is grant funded by the DoF and the Department have confirmed funding for the financial year 2017/18, APPENDIX 3 BC. This arrangement has proved highly successful to the extent that all Councils have continued to renew the arrangements year on year, and continued to sign the Service Level Agreement (SLA) with Belfast City Council on an annual basis. The purpose of this report is to:
bring to the attention of Committee the agreed Enforcement Protocol between
BCC and the Department of Finance (DoF) and, to recommend that Committee agree to adopt and sign the SLA, that sets out the
Councils interactions with the Enforcement Team and will run up until end March 2018.
Members will find a copy of the Enforcement Protocol in APPENDIX 4(a) BC and a copy of the Service Level Agreement in APPENDIX 4(b) BC. Members should note that there are no changes (other than date changes) to the documents from those agreed for year 2016/17. Recommendation: It is recommended that the Committee:
(i) note the agreed Enforcement Protocol and (ii) grant approval for the Chief Executive to sign and agree the EPB Service Level
Agreement as contained in APPENDIX 4(b) BC on behalf of the Council for financial year 2017/18.
ITEMS FOR NOTING 4. BUILDING CONTROL APPLICATIONS – FULL PLAN APPLICATIONS AND
REGULARISATION CERTIFICATES
Full Plan Applications were ‘Approved’ and Regularisation Certificates issued in accordance with the powers delegated for the following months:
Month Full Plan Approvals Regularisation Certificates
May 2017 173 58 June 2017 110 33 July 2017 317 29
Recommendation
It is recommended that the Committee note this information.
5. DEPARTMENT OF FINANCE – COMPLETION NOTICE READY REPORT TO
LAND & PROPERTY SERVICES
The ‘completion notice ready’ (CNR) report for the months May 2017 to July 2017 returned to the DoF, Land & Property Services indicated the following number of properties has been identified as having reached occupiable status.
Month Completion Notice Ready
May 2017 105 June 2017 59 July 2017 57
Recommendation It is recommended that the Committee note this information.
6. DEPARTMENT FOR COMMUNITIES (DfC) – AFFORDABLE WARMTH PROJECT
Home Assessment Officers within the Building Control Service in the months of April 2017 to July 2017 have carried out the following number of home visits and made eligible referrals for home improvements to the NIHE after financial checks for the Affordable Warmth Scheme. In addition, the Council Officers have also made the following number of referrals to the ‘Make the Call’ team.
Month Home
Visits Carried
Out
Completed and Eligible Referrals to NIHE (after
financial checks)
DfC requested
Target
‘Make the Call’
April 2017 108 25 25 19 May 2017 202 25 25 19 June 2017 117 25 25 22 July 2017 87 40 40 21
Members will note that this Council has achieved the target set by the Department of delivering referrals to the Scheme for financial year 2017/2018.
Recommendation It is recommended that the Committee note this information.
7. UPDATE ON GEOGRAPHICAL INFORMATION (GI) PROJECTS
Members will be aware that the Council agreed the decision to employ the services of a Geographical Information Officer to promote and develop the use of GI projects within the Council. The terms of that employment are discussed further within the Confidential Committee Report for Members information.
The purpose of this report is to inform Members of some of the projects and progress that has been made to date since the Officer commenced in May this year.
A summary (working document), of the projects is contained within APPENDIX 5 BC, which provides a short overview. Typically, the projects include:
Housing Monitor – within Planning section assisting to geo-reference housing stock and identify future housing need
Local Development Plan – assisting with mapping and representations of the Preferred Options Paper
Community Planning – age friendly city Emergency Planning and Contingency Planning Open Space Strategy Route Optimisation Economic Development projects
Two of the projects nearing completion are; to make historical orthographic mapping available for all LCCC staff and Members to use in their service delivery and to make ‘Radon’ mapping available for the use with the Building Regulations. Links are provided below of the ‘beta’ versions, (yet to go live).
https://staff.lisburncastlereagh.gov.uk/gis
It is the intention to build a repository of interactive maps (available through the intranet) that can provide real value to the Council when making decisions but that can also be used or hosted within our website so that customers and citizens can gain information directly by interactive means. An example link attached is North Devon Council who have commenced the visualisation of their council’s attributes and assets. It is the start of the possibilities.
http://www.northdevon.gov.uk/mapping/
In addition, it is intended that statistical information sourced through NISRA and Council statistics be used to provide information including demographics to the Councils DEA, to better map and inform staff and Members of the ‘live’ characteristics of that area.
The use of geographical information and an experienced operative is essential in delivering these projects that provide real informative data that allows clear decision making.
Recommendation It is recommended that the Committee note this information.
C DUFF HEAD OF SERVICE (BUILDING CONTROL) 23 August 2017
APPE
ND
IX 1
(a) B
C
Appendix 1b BC
Leisure & Community Development Committee – Minute of 06-06-2017
4.9.3 East Point Entertainment Village Dundonald – Change of Postal Address Members were provided with a copy of a letter dated 19 May 2017 from TDK Commercial Property Consultants, acting as agents for East Point Entertainment Village Dundonald, requesting a change of postal address to Omni Park, Dundonald. The Head of Service pointed out that, as the Council was the superior landlord of the site, approval was required, in principle, from the Leisure and Community Development Committee before consideration in detail by the Development Committee. It was proposed by Councillor H Legge, seconded by Alderman J Tinsley and agreed to recommend that approval be granted to the request for a change of street name and postal numbering layout from East Point Entertainment Village to Omni Park, Dundonald.
APPENDIX 2 BC
Appendix 3 BC
Stephen Hewitt Building Control Manager Belfast City Council
Building Standards Branch Properties Division 3rd Floor Northland House 3 – 5a Frederick Street BT1 2NR
3 July 2017
Dear Stephen
ENFORCEMENT OF THE ENERGY PERFORMANCE OF BUILDINGS (CERTIFICATES & INSPECTIONS) REGULATIONS (NORTHERN IRELAND) 2008 (AS AMENDED)
The Department has now agreed a business case for 2017/18 for the continued co-
ordination of enforcement of the above Regulations by the district council central
enforcement team. A budget allocation of £150,000 has been made available.
The attached Enforcement Protocol for 2017/18 has been reviewed by Building Standards
Branch and amended to reflect the restructured NI government Departments. Please could
you arrange for this and the associated SLAs to be signed and returned?
Regards
DC McDonnell
Director of ESS Properties Division
APPENDIX 4 BC(a)
FI1/17/594562
1
Energy Performance of Buildings (Certificates & Inspections)
Regulations (Northern Ireland) 2008 (as amended)
Enforcement Protocol
between
the Department of Finance
and
Belfast City Council
(facilitating authority)
1 April 2017 – 31 March 2018
APPENDIX 4 BC(a)
FI1/17/594562
2
Contents 1. Introduction 2. Enforcing the Regulations 3. Monitoring Compliance 4. Infringements of the Regulations 5. Enforcement Actions 6. Financing Enforcement of the Regulations
List of Appendices Appendix A – Overview of the EPB Regulations 2008 Appendix B – Service Level Agreement Appendix C – Monitoring Information Appendix D – Activities Planned by EPB Team to Support
Compliance Appendix E – Penalty Charge Notice Income Sheet Appendix F – General conditions
APPENDIX 4 BC(a)
FI1/17/594562
3
1. INTRODUCTION
Enforcement responsibility for the Energy Performance of Buildings (Certificates and Inspections) Regulations (NI) 2008 (as amended)1 (the EPB Regulations 2008) transferred to district councils on 3 December 2009 with the coming into operation of the Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (NI) 2009. The exception to this is enforcement relating to district councils’ own relevant buildings which remains with the Department of Finance (DoF). An overview of the EPB Regulations 2008 is provided at Appendix A. Belfast City Council (BCC), with the approval of all of the other district councils, has co-ordinated enforcement of the requirements on behalf of all district councils since January 2010 as set out in accordance with an Enforcement Protocol between DoF and BCC (facilitating authority). The Energy Performance of Buildings Team (EPB Team), employed by BCC to work on behalf of all councils, forms the key link between DoF and district councils to co-ordinate enforcement activity and facilitate effective communication between all parties. A Service Level Agreement (SLA) between BCC and the other district councils clarifies the roles and responsibilities of the EPB Team and district councils in meeting the requirements of the EPB Regulations 2008 and in delivering the requirements of this Enforcement Protocol (see Appendix B). This Enforcement Protocol:
covers the period 1 April 2017 to 31 March 2018;
sets out the role of BCC, as the facilitating authority, in co-ordinating and supporting enforcement with all district councils and the reporting arrangements back to DoF on the enforcement activities of all other district councils;
follows the guiding principles of the Regulators’ Code2 in that regulatory activity should be carried out in a way which is transparent, accountable, proportionate, consistent and targeted.
1 S.R. 2008 No. 170 as amended by S.R. 2008 No. 241, S.R. 2009 No. 369, S.R. 2013 No. 12, S.R. 2014 No. 43 and S.R. 2016 No. 395 2 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300126/14-705-regulators-code.pdf
APPENDIX 4 BC(a)
FI1/17/594562
4
Quarterly monitoring meetings EPB enforcement is undertaken by Building Control within district councils. DoF will meet a representative group of Building Control Officers, headed by the BCC representative and the EPB Team, on a quarterly basis. The purpose of the meeting is to review the enforcement activities undertaken by district councils in the previous quarter (see Section 3), to discuss any issues that may arise with the operation of this Enforcement Protocol and to agree the emphasis for forthcoming enforcement activities. DoF will respond to issues raised by this group within one month. Amendments to this Enforcement Protocol Suggested amendments, made by either DoF or district councils, will initially be discussed and agreed with representatives from Building Control and the EPB Team who attend the quarterly monitoring meetings. The EPB Team will inform the district councils of any suggested amendments. Amendments will be made once agreement has been received back from the Building Control representatives with the necessary authorisation from their district council. The EPB Team will facilitate this process. 2. ENFORCING THE REGULATIONS In this and subsequent sections ‘the EPB Regulations 2008’ means the EPB Regulations 2008 (as amended) and any future amendments made to the Regulations during the period of this Enforcement Protocol. DoF will continue to be the enforcement authority in relation to all district council buildings. Each district council will continue to enforce the requirements of the EPB Regulations 2008 in relation to all other buildings within its district. District councils will continue to adopt a compliance-based approach to enforcement of the EPB Regulations 2008, ensuring adherence to the requirements. District councils will work together in continuing to exchange information and maintaining public awareness of their responsibilities and the requirements for producing lawful and valid Energy Performance Certificates (EPCs), Display Energy Certificates (DECs), associated reports and air-conditioning systems’ inspection reports (ACIRs). The EPB Team, on behalf of BCC (as the facilitating authority), will continue to co-ordinate and facilitate cross-council working, delivering awareness raising activities with the aim of ensuring consistency in approach and messaging across all district council areas. The EPB Team may also check for compliance within any district council area with the agreement of that district council. However, it will be a matter for the relevant district council to undertake any enforcement action, or the issuing of Penalty Charge Notices, within its own district.
APPENDIX 4 BC(a)
FI1/17/594562
5
District councils and DoF will adopt a risk assessment approach to determining how best to target advice and publish information on enforcement activities. 3. MONITORING COMPLIANCE The provision and maintenance of accurate statistical information is fundamental to monitoring of compliance. District councils will provide statistical and other relevant information to the EPB Team on a quarterly basis. The EPB Team will in turn summarise this information on a Northern Ireland basis. This will form the basis of a quarterly report to DOF which will include the following:
awareness raising activities undertaken;
stakeholder feedback;
number of property advertisements checked by type of property and the estimated level of compliance;
number of properties checked for display of EPCs and estimated level of compliance;
number of properties checked for DECs and estimated level of compliance;
number of properties checked for air-conditioning systems compliance;
number of complaints by type of property and nature of breach;
action taken when EPB requirements have not been satisfied by type of action;
number of enforcement letters issued by letter type and outcome achieved (e.g. EPC obtained, property taken off the market); and
number of Penalty Charge Notices issued and associated income.
Additionally the EPB Team will report to DoF where any district council has failed to scrutinise EPCs, DECs or air-conditioning compliance during the reporting period. The full list of monitoring information is at Appendix C. The EPB Team will co-ordinate the returns from other district councils and submit the relevant information electronically in the format agreed with DoF. The EPB Team will maintain cross-council benchmarking information, progress actions to correct gaps in compliance and enforcement activities and share ideas on best practice.
APPENDIX 4 BC(a)
FI1/17/594562
6
The EPB Team will support district councils in achieving better awareness of the EPB Regulations and establish, or improve appropriate mechanisms to record details of systems, enforcement activities and compliance levels. This will help to ensure consistency in the approach to enforcement across the district councils. Activities planned by the EPB Team in this regard are summarised at Appendix D. The EPB requirements have now been in force for a number of years. Looking ahead, DoF would expect district councils to continue to monitor and improve compliance where possible in:
the domestic rental sector;
the non-domestic sector;
air-conditioning requirements; and
relevant public sector buildings. DoF will include EPB Regulations 2008 enforcement work in the list of auditable functions which its own Internal Audit unit may scrutinise periodically and may raise issues for discussion at the quarterly meetings with district councils’ representatives. 4. INFRINGEMENTS OF THE REGULATIONS Infringements of the EPB Regulations 2008 will come to the attention of district councils in a number of ways. These include:
as part of other Building Control enforcement duties which require inspections;
complaints;
referrals from, for example, the Department, Trading Standards Officers etc;
through targeted investigations by the authorised officers; and
where district councils have reason to believe a breach of duty has been committed.
All reported infringements of the Regulations must be investigated and appropriate and reasonable action taken in accordance with this Enforcement Protocol to ensure compliance with the EPB Regulations 2008.
APPENDIX 4 BC(a)
FI1/17/594562
7
5. ENFORCEMENT ACTIONS Where an authorised officer is advised of a situation which may result in a future breach of the legislation (for example someone indicates that they will not be providing an EPC), s/he will deal with this either by visiting the relevant person to provide advice or by providing advice in writing. In cases where a district council is advised that the EPB Regulations 2008 have been breached an authorised officer will investigate formally. In cases where a breach has been established, and where there has been failure to comply with request letters, the district council in whose area the breach occurs will determine if the issue of a Penalty Charge Notice is the correct course of action. If so, it will be for that council to issue the Penalty Charge Notice. It will be for the relevant district council to review issue of the Penalty Charge Notice if requested and confirm or withdraw it (regulation 36), to progress the Penalty Charge Notice and to respond to any appeals to the County Court in accordance with the provisions of regulation 37. 6. FINANCING ENFORCEMENT OF THE REGULATIONS DoF will provide funding to BCC (as the facilitating authority) of £150,000 for the financial year 2017/18. DoF expects BCC to be economically responsible and cost efficient in their approach to the expenditure of the allocated budget. BCC will submit quarterly bills to DoF, a quarterly expenditure sign off sheet and all relevant supporting documentation completed by the Head of Building Control and confirmed by the Chief Financial Officer. Each district council is responsible for underwriting the cost of any court proceedings. DoF will not bear any responsibility for any action, proceedings during the period 2017/18, cost, claims, demands or liabilities whatsoever arising from any or all of the activities associated with district councils’ enforcement of the EPB Regulations 2008. District councils will be entitled to retain the income from Penalty Charge Notices solely to resource enforcement duties in this regard, and shall detail this income on the pro-forma attached at Appendix E. DoF is under no obligation to fund any claims for expenditure for work, goods or services which are not acceptable for funding and will require BCC to repay any such payments, or such lesser amount as DoF may specify, forthwith on written demand. DoF officials, including those from its Internal Audit, and from the Northern Ireland Audit Office, will require access to all relevant documentation to
APPENDIX 4 BC(a)
FI1/17/594562
8
facilitate random verification spot-checks on the work being undertaken across Northern Ireland to enforce the EPB Regulations 2008. DOF will be undertaking quarterly audits of the new councils. Councils will be advised of this in advance of the visit. See also Appendix F for General Conditions.
APPENDIX 4 BC(a)
FI1/17/594562
9
Signed on behalf of the Department of Finance DC McDonnell Head of Properties Division Date Signed on behalf of Belfast Building Control Service, the facilitating authority Director, Health and Environmental Services, Belfast City Council Date
APPENDIX 4 BC(a)
FI1/17/594562
10
Appendix A OVERVIEW OF THE EPB REGULATIONS 2008 The EPB Regulations 20083 implements Articles 7, 9 and 10 of the Directive on the Energy Performance of Buildings (2010/91/EC) and requires:
the production of an EPC for all dwellings available for sale, from 30 June 2008 (regulation 5);
the production of an EPC for all new build properties and properties
modified into a different number of separate units where services are modified or extended, from 30 September 2008 (regulation 6);
the production of an EPC for all other buildings available for sale and
all new rentals, from 30 December 2008 (regulation 5); from 30 December 2008, the production and display of a DEC for
buildings over 1000m2 occupied by public authorities and by institutions providing a service to the public and therefore frequently visited by these persons (regulation 11); and
the regular inspection of all air-conditioning systems with an effective
rated output of more than 12kW (regulation 15) at intervals of not greater than 5 years, with the first inspection: a. by 4 January 2011, for systems installed before 30 December
2008; or b. within 5 years of installation for systems put into service after 30
December 2008. EPCs are valid for not more than 10 years (regulation 8 (3)) and must be accompanied by a report that contains recommendations for the cost-effective improvement of the energy performance of the building (regulation 7). DECs are valid for not more than 12 months (regulation 11(3)) and must be accompanied by an advisory report (containing recommendations for cost-effective improvement of the building’s energy performance). The advisory report is valid for 7 years (regulation 11(4)). Air-conditioning systems must be inspected at least every 5 years from the date of the first inspection (as defined in regulation 15). A written report of the inspection (ACIR) must include an assessment of the energy efficiency of the system compared to the cooling requirements of the building and advice as appropriate on possible improvement or replacement of the system (regulation 16). EPCs, DECs and ACIRs may only be produced by Accredited Energy Assessors (Part 5 of the EPB Regulations 2008). 3 http://www.legislation.gov.uk/nisr/2008/170/contents/made
APPENDIX 4 BC(a)
FI1/17/594562
11
The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2008 The 2008 amendment4 came into operation on 30 June 2008 and made some minor corrections to the EPB Regulations 2008. The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2009 The 2009 amendment5 came into operation on 3rd December 2009. It identifies district councils as the enforcement authority for the EPB Regulations 2008, except for their own buildings, where DOF remains the enforcement authority. The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 The 2013 amendment6 came into operation on 18 February 2013 implementing Articles 4(2), 11, 12, 13, 16 and 27 of the recast Directive on the Energy Performance of Buildings (2010/31/EU). The key changes introduced are:
advertisements in commercial media for sale or rent of properties must include details of the energy performance indicator (regulation 5);
an EPC may be produced for a dwelling based on the assessment of
another representative building of a similar design and size and with a similar energy performance (regulation 8);
where an EPC has been issued for a non-domestic building larger than
500m² and that building is frequently visited by the public (retail outlets, banks, restaurants, cinemas etc.), the EPC is to be displayed in the building in a prominent place (regulation 8A); and
DECs must be issued for buildings larger than 500m² occupied by a
public authority and frequently visited by the public. This threshold will fall to 250m² from 9 July 2015. The DEC is to be displayed in a prominent place clearly visible to the public (regulation 11).
The following is a summary of other changes which further enhance compliance and make better use of data on the Northern Ireland Registers:
clarification on when an EPC should be produced (regulation 5);
requiring the lodgement of Advisory Reports within 28 days of issue (regulation 11);
4 http://www.legislation.gov.uk/nisr/2008/241/contents/made 5 http://www.legislation.gov.uk/nisr/2009/369/contents/made 6 http://www.legislation.gov.uk/nisr/2013/12/contents/made
APPENDIX 4 BC(a)
FI1/17/594562
12
requiring the lodgement of air-conditioning inspection reports on the Register (regulation 13);
extending the use and disclosure of information and data from EPCs held on the Northern Ireland Register (regulations 14 & 15); and
requiring persons with an interest in the non-domestic sector to provide energy use data to the occupier (regulation 21).
The 2013 amendment also provides for offences and penalties for breaches of the new requirements relating to EPCs, DECs, air-conditioning inspections and the provision of data.
The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2014 The 2014 amendment came into operation on 25 February 2014, implementing Articles 2(9), 11(2)(a), 11(2)(b), 11(3) and 13(2) of the recast Directive (2010/31/EU). The key changes are:
inserting definitions for ‘building element’, ‘controlled fitting’ and ‘thermal element’ and amending the definition of ‘recommendation report’ (regulation 3).
clarifying that recommendation reports shall include cost effective measures that could be carried out with and without major renovations. The cost-effective measures recommended by the energy assessor must be technically feasible (regulation 4).
requiring the display of energy performance certificates in certain buildings where a certificate has already been issued on construction (regulation 5).
The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2016 The 2016 amendment came into operation on 1 December 2016, clarifying implementation of Articles 2(4), 3, 11(1), 15, 16, 17 and 18 of the recast Directive (2010/31/EU). The key clarifications are:
inserting definitions for ‘national calculation methodology’ and ‘energy performance’. Amendments to the definitions of ‘asset rating’ and ‘operational rating’ (regulation 4).
clarifying that reference values provided on energy performance certificates are to make it possible to compare and assess the energy performance of the building (regulation 5).
APPENDIX 4 BC(a)
FI1/17/594562
13
clarifying that reference values provided on display energy certificates are to make it possible to compare and assess the energy performance of the building (regulation 6).
clarifying that the ‘the accessible parts’ of the air conditioning system are to be inspected (regulation 7(1)).
that inspection reports of heating and air-conditioning systems should
include recommendations for the cost-effective improvement of energy performance (regulation 7(2)).
that inspection reports should be carried out by members of accreditation schemes (regulation 8).
APPENDIX 4 BC(a)
FI1/17/594562
14
Appendix B SERVICE LEVEL AGREEMENT (SLA) The SLA provided by the EPB Team to DoF represents all individual SLAs agreed between the Building Control Managers of each district council and the facilitating authority’s EPB Team. For the purposes of this Enforcement Protocol, the SLA requires the signatures of all of the Chief Executives (Building Control Managers will not all have been appointed under Local Government Reform). Such signed copies of the SLA shall be held by EPB Team and a final signed copy provided to DoF.
APPENDIX 4 BC(a)
FI1/17/594562
15
Appendix C MONITORING INFORMATION Each quarterly report will quantify the compliance activities undertaken during the quarter as set out below. Where appropriate, running totals for the year will be provided. 1. Communication/Awareness Raising Activities
Awareness raising activities undertaken, split by objectives: type of activity; progress update; estimated audience numbers, type of stakeholder; and cost of activity.
Stakeholder feedback by: nature of query (e.g. newsletters, seminars, open meetings, new
fora created, existing fora used (eg Landlords’ Forum), advice helpline, single point of contact for EPC-related queries etc);
frequency of contact;
nature of information communicated; and
action taken by the EPB Team / district councils as a result of feedback.
2. Monitoring Activities
Data collected from all district councils, split by dwellings, non-dwellings, sale and rental, new build, major renovation and relevant public buildings, showing: percentage compliance with the requirement to have a valid EPC
and with the requirement to have the energy rating indicator displayed on the commercial media;
percentage compliance for displaying a valid EPC (including numbers of relevant buildings visited, correct display of the certificate and number of certificates scrutinised for validity);
percentage compliance for displaying a valid DEC and for having a valid advisory report (including numbers of relevant buildings visited, correct display of the certificate, number of certificates and reports scrutinised for validity); and
APPENDIX 4 BC(a)
FI1/17/594562
16
percentage compliance for buildings with air-conditioning systems requirements.
3. Enforcement
Number of breaches identified from enforcement action (not as a direct result of a complaint about a specific property) split by: type and nature of breach (e.g. no energy performance indicator,
non-production of documents upon request, non-display of DEC or EPC, non availability of air-conditioning report);
number of enforcement letters issued by letter type or other communications issued; and
action taken and outcome (e.g. EPC obtained, property taken off the market).
4. Complaints
Numbers of complaints for breaches of the EPB Regulations by: type and nature of breach (e.g. non - provision of valid EPC, failure
to display valid DEC etc); and
action taken and outcome. 5. Penalty Charge Notices
Penalty Charge Notices issued by type of offence and associated income (to be provided on the form at Appendix D);
Penalty Charge Notices withdrawn and reason for withdrawal; and
details of any County Court appeals. 6. Finance
Total spend against budget per quarter, detailing the main areas of spend and outlining any over/under spend.
7. Planned EPB Team activities split by:
Objective;
Activity;
Update; and
Proposed end date.
APPENDIX 4 BC(a)
FI1/17/594562
17
Appendix D
ACTIVITIES PLANNED BY EPB TEAM TO SUPPORT COMPLIANCE The EPB Team will also continue to support standardised recording to help ensure a consistent approach to compliance and enforcement across the district councils. SALES / RENTAL: DOMESTIC Assist district councils building control to:
promote compliance of the EPB Regulations 2008 in relation to marketing agents;
further enhance internal partnership working within district council services e.g. environmental health, public health and housing;
further enhance partnership working with the Department for Communities (DfC), NI Housing Executive, Housing Associations, Housing Advice NI, Housing Rights Service etc;
continue to promote EPB requirements in the private sector, with landlord associations, students at Queens University of Belfast, University of Ulster, Northern Ireland Further Education Colleges etc;
continue to promote EPB requirements through the Citizens' Advice Bureau - Advice Guide;
continue to provide local press articles (involving council members as appropriate) particularly emphasising fuel poverty / warm homes issues;
update the Building Control NI website for shareholders/ stakeholders;
continue to provide up-to-date information to the Law Society in respect of EPC requirements, for circulation to members;
continue to provide, in consultation with the Department, articles explaining the legislative requirements and enforcement activities, for inclusion in professional journals; and
further investigate the use of social network sites such as
twitter/facebook etc. for information transfer.
SALES / RENTALS: NON-DOMESTIC
APPENDIX 4 BC(a)
FI1/17/594562
18
Assist district council building control with enforcement activities, in particular in relation to:
continuing to develop & deliver workshops / presentations/ information leaflets / advice & guidance for Chamber of Commerce and small - medium business organisations; and
continuing to develop partnerships with DfC etc;
continuing to provide up-to-date information to the Law Society regarding EPC requirements for circulation to members;
ensuring EPCs are displayed where appropriate;
providing, in consultation with DoF, articles explaining the legislative requirements and enforcement actions, for inclusion in relevant journals; and
providing, in consultation with DoF, and including council members as appropriate, relevant information articles for newspapers etc.
INSPECTION OF AIR-CONDITIONING SYSTEM REPORTS
Assist district council building control in:
developing local press articles, emphasising links with sustainability and climate change objectives, cost savings and other benefits;
considering and, if financially feasible, developing radio advertisements;
developing professional and trade journal articles;
attending meetings with Air Con installers;
attending meetings with city / town centre management organisations;
developing & delivering workshops / presentations/ information leaflets / advice & guidance for:
o Chamber of Commerce / small medium business organisations, o Air Con Inspection accreditation bodies, and o Air Con installation companies;
developing presentations and workshop with the Vintners Association;
APPENDIX 4 BC(a)
FI1/17/594562
19
continuing to develop joined-up working within district council functions such as Environmental Health, Entertainment and Licensing (e.g. during performance inspections, condition of licence etc.);
liaising with professional bodies (e.g. Mechanical & Engineering associations, Air Con bodies etc.);
developing a database of properties requiring ACIRs; and
promoting awareness of and advising on the relevant person’s requirements
Public sector compliance
Assist district council building control in:
promoting compliance with the EPB Regulations 2008 in relation to public sector occupied buildings;
developing a database of DEC required buildings with threshold floor areas 500m2 and 250m2;
continuing to promote and raise awareness of EPB requirements with energy managers from for example, health trusts, education departments, the NICS departments, library boards and council buildings etc;
continuing to provide local press articles (involving council members as appropriate) particularly encouraging carbon dioxide emissions reduction commitment and potential to reduce utility costs;
raising awareness of and gaining compliance of air-conditioning system requirements;
updating the BCNI website for shareholders/ stakeholders;
continuing to provide, in consultation with DoF, articles explaining the legislative requirements and enforcement activities, for inclusion in professional journals;
ensuring that DECs and Advisory Reports are valid and correctly displayed;
ensuring EPCs are displayed where appropriate; and
promoting and advising on the relevant person’s requirements to comply with EPB Regulations 2008.
APPENDIX 4 BC(a)
FI1/17/594562
20
Appendix E
PENALTY CHARGE NOTICE INCOME SHEET
Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (as amended) District Council……………………………………………………………………… Penalty Charge Notice (PCN) Income quarter ended…..................................... Date Notice Served
Brief detail on case Income received (date & amount)
Completed by………………………………………………………………………….
(Head of Building Control)
Confirmed by………………………………………………………………………….. (District Council Chief Financial Officer)
APPENDIX 4 BC(a)
FI1/17/594562
21
Appendix F
GENERAL CONDITIONS 1. BCC, as the facilitating authority, will seek financial assistance only in
respect to costs attributable specifically to activities associated with the enforcement of the EPB Regulations 2008.
2. District Councils and BCC shall maintain paper and / or electronic
records in such a way that enables DoF to verify enforcement activities undertaken in any given quarter. BCC records should identify clearly any expenditure associated with EPB Team activity.
3. BCC will advise DoF of planned purchases of equipment, supplies and
day-to-day running expenses, as well as details of any fees proposed relating to payment of trainers, specialist advisers, suppliers and consultants. DoF must agree to such procurement. BCC must procure in an open and fair manner by applying its own procurement procedures whilst maintaining records of how the decision to award any such contract has been reached.
4. Quarterly reports (see Section 3) must be submitted to DoF by BCC
within 3 weeks of the end of the relevant quarter. The summary invoice of expenditure being claimed in each quarter must be submitted to DoF by BCC within 4 weeks of quarter end.
APPENDIX 4 BC(a)
FI1/17/594562
22
VERSION CONTROL DATE
Revision Ref: Date
1
Service Level Agreement
between
Lisburn and Castlereagh
City Council
and
EPB Team (facilitating authority)
1 April 2017 - 31 March 2018
Effective Date: 01 April 2017
APPENDIX 4(b) BC
Revision Ref: Date
2
Approval of the Service Level Agreement
This document identifies the roles of all parties to ensure effective working in partnership to satisfy the requirements of the EU Directive, the EPB Regulations and in delivering the requirements of the EPB Enforcement Protocol 2017-2018
In signing below, I agree to the terms and conditions outlined in this
Service Level Agreement
Signed ……………….………………………………………….…………………….…….
Head of Lisburn and Castlereagh City Council
Building Control or
Chief Executive of Lisburn and Castlereagh City Council
Date ……………….………………………………………….…………………….…….
Revision Ref: Date
3
Contents
1.0 Forward 2.0 Terms of Reference 3.0 Agreement Overview
4.0 Goals & Objectives 5.0 Periodic Review 6.0 Confidentiality 7.0 Variations 8.0 Service Agreement
8.1 Service Availability
8.2 Request for Service
8.3 Service Provider Responsibilities
9.0 Customer Responsibilities
9.1 Provision of quarterly EPB Feedback information 10.0 Amendments and Revisions to Service Level Agreement
Revision Ref: Date
4
1.0 Forward
Enforcement responsibility for the Energy Performance of Buildings (Certificates and Inspections) Regulations (NI) 2008 (as amended) referred to as the ‘EPB Regulations’ transferred to district councils on 3 December 2009. The exception to this is enforcement relating to district councils’ own relevant buildings which remains with the Department of Finance and Personnel (DFP), restructured in 2016 as the Department of Finance (DoF). District councils (as the enforcement authority) should be seen to lead the way in demonstrating EPB compliance with regard to council owned/leased relevant buildings. Councils must ensure that the appropriate energy certificates are in place as required: Energy Performance Certificate (EPC); Display Energy Certificate (DEC) and Air-conditioning Inspection Report (ACIR). Belfast City Council (BCC), with the approval of the other district councils, has coordinated enforcement of the EPB requirements on behalf of all district councils since January 2010 through a dedicated EPB Team funded by the DoF. The Co-ordination, administration and management of EPB activities are carried out in accordance with an Enforcement Protocol (between DoF and BCC) and follows the guiding principles of the Government’s Regulators Code. This code requires that regulatory activity is carried out in a way which is transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed. This Service Level Agreement (SLA) clarifies the roles and responsibilities of all parties in satisfying the requirements of the EU Directive, the EPB Regulations and in delivering the requirements of the Enforcement Protocol 2017-2018. The SLA is an essential element which outlines how the EPB Team will work in partnership with district councils to collate data, determine EPB compliance levels and address any matters arising from quarterly feedback. To date the feedback data from district councils has proved invaluable in providing statistical information and evidence of EPB Regulations enforcement across N.Ireland. This information has been used by the DoF to respond to a number of potential infraction proceedings which Europe has presented to the UK Region. The feedback data documents the EPB activities being carried out by councils: level and nature of compliance, volume of enforcement letters issued, number of site visits and various awareness raising activities. Meetings between DoF representatives, the EPB Team manager, a representative of the Building Control Managers and a Belfast City Council manager are held on a quarterly basis to review the enforcement activities undertaken by the 11 councils during the previous quarter. This provides opportunity for all parties to discuss any issues that may have arisen with the operation of the Protocol or this SLA and to agree the emphasis for forthcoming enforcement activities.
Revision Ref: Date
5
2.0 Terms of Reference
For the purpose this document the following terms of reference include:
Service Provider: The Energy Performance of Buildings (EPB) Team
Customer: Building Control Manager/ Head of Service on behalf of the Council
Stakeholders: Elected Council Members, Building Control staff of the 11 councils in N.Ireland, DoF, members of the public/ members of industry affected by EPB Regulations
Document owner: Head of Building Control or Chief Executive of
Lisburn and Castlereagh City Council
3.0 Agreement Overview
This Agreement represents a Service Level Agreement (the Agreement) between the Energy Performance of Buildings Team (the Service Provider) and the Council Building Control Manager (the Customer).
Each of the 11 councils in N.Ireland are responsible for the provision of EPB related services required to support and sustain enforcement of the EPB Regulations 2008 and any subsequent amendments to these regulations.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by the Customer.
This Agreement outlines the parameters of all EPB related activities as indentified in Section 9.0 Customer responsibilities, these are mutually understood by the stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.
Revision Ref: Date
6
4.0 Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide a consistent EPB related service support and delivery between the Customers and the Service Provider and to promote positive working in partnership.
The goal of this Agreement is to obtain mutual agreement on EPB related service provision between the Service Provider and the Customer.
The objectives of this Agreement are to:
Fulfill the EPB enforcement requirements set out by the EPB Regulations
Clearly define ownership, accountability, roles and/or responsibilities
Present a clear, concise and measurable description of service provision to the Customer
Monitor and raise levels of compliance for properties affected by the EPB Regulations
Satisfy the requirements of the EPB Enforcement Protocol 2017-18 set out by the Department of Finance (DoF) and agreed with the facilitating council.
5.0 Periodic Review
This Agreement is valid from the Effective Date outlined herein until further notice. This Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect.
The Customer is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The Customer will inform the Document Owner of all subsequent revisions and obtain mutual agreements / approvals as required.
Revision Ref: Date
7
Amendments and revisions are records in Section 10.0 of this SLA.
Document owner: Chief Executive of the Council
Customer: Building Control Manager/ Head of Service on behalf of the Council
Review Period: as required and within 12 months from 01 April 2017
Review Date: before 31 March 2018
6.0 Confidentiality
The Service Provider will treat as strictly confidential all information acquired by it from, or about the other councils, and external suppliers. No party will disclose such information to any other party, directly or indirectly, except where disclosure is required by law or is with the relevant parties’ prior written consent.
Whilst under the conditions of the Protocol, the EPB Team are required to report to the DoF where any council within which EPB compliance has not been scrutinised during a reporting period; the EPB Team may be required to identify any such council.
The DoF will monitor the EPB Activities of district councils by carrying out an audit of that council’s processes, enforcement activities and means to record / act upon findings, and awareness raising activities.
7.0 Variations
There may be circumstances during the year which prevent the full discharge of the Service Level Agreement through no fault of any party. Circumstances in which variations may occur during the period of the Service Level Agreement may include:
Non-provision of responsibilities by the Service Provider or Customer
Significant changes in the anticipated workload
Revision Ref: Date
8
New regulations or change in policy
Performance of Hardware / Software
All parties will discuss the need for any variation to the Service Level Agreement at the earliest opportunity and will make any variation by mutual agreement.
8.0 Service Agreement
The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.
The following sections provide relevant information as to the extent of services provided by the EPB Team in order to maintain a consistent level of support during this period.
8.1 Service Availability
Service Provider coverage parameters specific to the services covered in this Agreement are as follows:
Telephone support : 0900 to 1700 Monday – Friday
Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call, however there will be a backup answer phone service
Email support: 0900 to 1700 Monday – Friday
Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day
On-site assistance guaranteed within 72 hours during the business week
Revision Ref: Date
9
8.2 Request for Service
In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames. The priority level will be determined by the Service Provider.
0-5 hours (during business hours) for issues classified as High priority.
Within 12 hours for issues classified as Medium priority.
Within 5 business days for issues classified as Low priority.
Remote assistance will be provided in line with the above timescales dependent on the priority of the support request.
8.3 Service Provider Responsibilities
The following Services to be provided are covered under this Agreement:
Manned free phone and mobile telephone support available to the general public and 11 council building control services
Email support available to the general public and all council building control services
Each district council will have a dedicated support officer from within the EPB Team who will aim to provide assistance and advice on specific queries or opinions related to EPB regulations when required within one week of receiving the query.
Monthly assistance provided by the dedicated EPB support officer to each council for EPB enforcement activities. This will be commensurate to individual council requirements in relation to EPB activity
Dissemination of quarterly DoF reports to all councils along with any outcomes and relevant information arising within 10 days of the meeting.
Revision Ref: Date
10
Provision of advice, guidance and interpretation of EPB legislation with the aim of achieving consistency of EPB enforcement across all councils
Provision of DoF liaison on behalf of the councils
Provision of Landmark Register liaison through the DoF on behalf of the councils
Through DoF liaison, the provision of monthly reports from the Landmark Register to assist with data collection, enforcement and EPB awareness activities
Provision of training for any revisions / amendments to the EPB Regulations or recasts to the EU Directive
Provision of EPB related information and web links to use on individual council websites where available
Presentations to stakeholders as requested or required
Provision of EPB Regulations related legal opinions
Provision of EPB related data for individual council committee reports
Attendance at relevant council committee meetings upon request
Offer guidance and support with enforcement procedure and proceedings
Provision of EPB related media information and articles within budget requirements
Reporting to BCNI Committee and BCNI Managers upon request
Provision of EPB advisory leaflets and literature within budget requirements
Any revision or amendment to the SLA will be communicated and documented to the Customer
Revision Ref: Date
11
9.0 Customer Responsibilities
Customer responsibilities in support of this Agreement include:
Availability of a customer representative when resolving EPB related requests or related incidents
Councils shall maintain paper and/or electronic records in such a way that enables the DoF to verify enforcement activities undertaken in any given quarter. Such information should identify clearly verification checks or audits on the work being undertaken to enforce the EPB Regulations. If required, the DoF and/or NI Audit office will be given access to all relevant documentation to demonstrate that the EPB Regulations are being enforced.
To facilitate the requirements of DoF officials (including those from its internal audit and from the NI Audit Office), access may be given to all relevant documentation to facilitate random verification spot checks on the work being undertaken to enforce the EPB Regulations.
The enforcing council will underwrite the cost of any court proceedings.
Provision of council EPB feedback data is required to assist in determining levels of compliance (as stipulated by the DoF) in the quarterly report and must be forwarded to the Service Provider within five business days from the end of quarter period
Revision Ref: Date
12
9.1 Provision of quarterly EPB Feedback information
The EPB feedback data required from the Customer (as complied within the quarterly EPB Team feedback form) includes the following information:
EPC (Energy Performance Certificate): number of marketing estate agents or private agents in council area number of marketing estate agents or private agents
visited/checked for compliance in domestic and non-domestic sectors for properties for both sale and rental (on site, on internet, in press, etc)
number of properties being advertised by a marketing agent which do not have the EPC energy rating indicator on all their advertising commercial media. To determine if an agent is compliant, if 90+ % of properties have a valid EPC energy rating indicator on commercial media (website, third party website, press, brochure, window display, radio etc.) they may be deemed as being compliant.
number properties identified as having to display the EPC (where an EPC has been carried out and the building has a floor area over 500m2 and which are visited by the public, for example restaurant, retail, school) and the number of properties compliant
number of new build or buildings modified into units to be used separately
number of new build or buildings modified into units to be used separately with EPCs lodged on the Landmark Register
where compliance is not found, the reasons for this and the enforcement action taken for any non-compliance
DEC (Display Energy Certificate):
number of properties visited which require a DEC (with a floor area over 250m2 of a building which is whole or part publically funded and which is visited by the public);
number of properties with valid DEC (in date and correctly displayed) and which have a valid advisory report (AR) issued
number of advisory reports which are not valid, ie have expired the seven year period and the building is still required to have a DEC
Revision Ref: Date
13
where compliance is not found, the reasons for this and the enforcement action taken for any non-compliance
Air-conditioning Systems:
number of properties identified as requiring an air-conditioning inspection report (ACIR) to be carried out (system has an output greater than 12kW, is used for the comfort cooling and uses refrigerant gas)
the number of properties with air-conditioning which are compliant, ie. have a valid ACIR lodged onto the Landmark Register
number of ACIR which are not valid, ie have expired the five year period and the air-conditioning system is still in use
where compliance is not found, the reasons for this, and any enforcement action taken for non-compliance
Complaints and queries:
any complaints and queries to council in respect of EPC, DEC or air-conditioning, the action taken and the outcome or action carried out by the council to resolve the situation.
Enforcement Correspondence:
number and nature of breaches identified, number of enforcement letters issued (Letters 1 and 2) extent of compliance gained as a result of enforcement letters
issued action taken and outcome where compliance is not found, the reasons for this number of Penalty Charge Notices issued by nature of breach and
associated income number of Penalty Charge Notices (PCN) withdrawn and reason for
withdrawal; and details of any County Court appeals.
Revision Ref: Date
14
10.0 Amendments and Revisions to Service Level Agreement
As a result of further grant funding from the Department of Finance, the scope of work carried out by the EPB Team has been extended for a further year, to complete on 31 March 2018.
Document Owner:
Head of Building Control / Chief Executive of the 11 District Councils Revision reference: Revision date: Author:
APPENDIX 5 BC
Brief Synopsis of GI Projects with Progress Notes – August 2017
Projects for which terms of reference have been made available.
Note: This is a working document
Radon Mapping
The purpose of this project is to replace the current paper map system for determining if radon
controls are required for Building Regulation purposes, at individual properties throughout the
Lisburn and Castlereagh City Council area with a more accurate online information. This system
should require no GIS experience or training to use and will be made available by a web service,
initially on the intranet for internal use. Consideration will be given to other data that could be
added, for example contaminated land etc
Current situation.
A web app has been constructed but requires some refinement. This app includes information for
both 2009 (for regulation purposes) and from the indicative atlas published for Northern Ireland in
2015. The app has been modified to enable a change to the OSNI base‐mapping that includes
property and property numbering details and allows searching of address.
Housing Monitor
The purpose behind the Housing Monitor is to provide information on the number of houses built
per year to compare against the amount of land available for housing to determine if we meet our
construction targets and identify if there is sufficient land available for future years. GI is to provide
assistance to enable the Development Plan team to create this information, collate visually and
inform the LDP.
Current situation
The data for the 2015‐2016 houses constructed has been extracted from POINTER and has been
checked, as required, against planning history, orthophotographs, historical maps, current
basemaps, Google streetview and valuations information to establish a stable baseline of what has
been constructed and the housing potential for the monitoring site. This data will be entered into
NILUD by Planning staff.
After updating the 2015‐2016 Housing Monitor the Planning Staff will start working on the 2016‐
2017 data. This requires plotting the polygons for new planning applications and entering relevant
information into the database. Once this is completed the data for the 2016‐2017 houses
constructed will need extracted in the same process as the 2015‐2016 Housing Monitor above.
Longer term there is a need to look at replacing the NILUD database with a more progressive system.
It would not be possible to link the database to GIS without the removal of some characters from
key field names that are not acceptable in geodatabases and this in turn would require the queries
to be rewritten; additionally there is an incompatibility between the current version of Access being
used and the Visual Basic used in the database.
APPENDIX 5 BC
Industry Monitor
This purpose is to provide information on available land for the generation of employment and for
identifying existing capacity within sites.. Some discussion has taken place on how this information
may be generated whilst the methodology is being finalised. A rating dataset that will be available
from LPS but may require a data sharing protocol to be introduced.
Current situation.
All work so far has been conducted within Planning and a web map has been created but is not
shared beyond the Council account. Discussions with Building Control and LPS to assessing the
information.
The employment/industry survey for 2016‐2017 on the zoned sites identified on BMAP has been
reviewed and updated as appropriate on an Employment Monitor. This combined with the relevant
planning history will help to identify future/development patterns to assist with preparation of our
new Local Development Plan. The LDP team intend to review the survey on a yearly basis with the
next survey in April 2018.
An Employment Capacity Study is currently out for tender to be completed by Private Consultants to
identify vacancy rates of existing units. The LDP will need to “offer a range and choice of sites in
terms of size and location” for potential economic development. The methodology for employment
land would need to take into account the range of existing land zoned for employment.
Representations to the Preferred Options Paper for the Development Plan
Creation of a heat map for public representations to the Preferred Options Paper.
The planners have plotted a number of sites on maps that have been received from the public (site
specific). These will not need to be made available at this stage in the Plan Process to the public. This
information will be used in‐house to establish any pressure points on settlement development limits.
The next stage of the LDP is the Plan Strategy and any Representations received will need to be
shown on a map. An App could be created to show representation and counter‐representations for
any site‐specific sites.
Vacancy Control
Information on vacant units within land identified for employment would assist in analysing capacity
within sites. More generally, an analysis of vacant units within city/town centres for retailing and
offices would also provide a useful evaluation tool for establishing capacity.
APPENDIX 5 BC
Open Space Strategy
This project is to produce GIS information that can be used to help the Council develop an open
space strategy and the basic requirements are the creation of a GIS asset register for all Council
owned and leased land and to provide information on other land such as that owned by NIEA and
the Forestry Service. The asset register is required to categorise the land under Council
responsibility and any potential incursions.
Current situation
The Council owned and leased land has been created and stored in a geodatabase. The plan is for
this to be linked to a table or tables within the geodatabase that will provide information on the type
and uses for each property.
Longer term the intention in the strategy is to establish links between the various properties and
four band ortho which will identify all vegetation within the Council area. This should provide a
good visual on what routes are available. It is also hoped that links to leasing information can be
provided.
Dog Control Areas
The purpose of this project is to create maps of dog control areas for use in Council literature. This
will be under the guidance of the Environmental Health operatives.
Dog Control Areas have replaced the previous system of bye laws for controlling matters such as
fouling and not being held on a lead. These are being introduced in a phased approach within the
Council area and clear mapping information needs to be made available to the general public on the
location of these areas both for current restrictions and for consultation over future restrictions.
Current situation
No data is yet available for this.
Lagan Navigation Trust
Current discussions ongoing in relation to mapping all the land adjacent the Lagan river/ canal.
Current situation.
A major piece of work to transfer the existing data that the Trust has produced before their transfer
to LCCC, to the correct format. Development options are ongoing.
Longer term the data needs to be organised so that it can be easily retrieved and some work has
started. The extent of what is required and what structure is needed will only become apparent
once the data has been translated.
APPENDIX 5 BC
Orthophotography/historical map viewer
This started as an idea from Planning where it could be used by planners to see change over the past
10 years using the various orthophotographs. It was extended to include the historical maps that
are available to help addressing. To be developed as a web viewer that can be used internally
throughout the Council.
Current situation
A trial viewer that includes an address search and all available orthophotographs covering the period
2003 to the present has been created but it would be useful to include the precise flight date for
planning purposes. This is not currently available on SpatialNI and will have to be created from the
OSNI data received by the Council which is only available on a hard drive – storage options to be
discussed with IT. IPR clearance has been given for this. Longer term this will be launched as a
viewer on the intranet only.
Smoke Control Zones
This requires the development of a web viewer that shows smoke control areas in a map format.
Current situation.
EH was given some training in how to create and edit polygons in ArcGIS. He is content to create the
smoke control polygons and will pass them on so that a web app that can be used by the public can
be created and published.
Economic Development Mapping
Economic Development Unit are planning for future attendance at exhibitions and require a ‘wow’
factor or story map to demonstrate why Lisburn and Castlereagh is a good place to invest in. An
example of a story map is being considered as an option. The map will include information on
industrial, retail and office opportunities emphasising the ideal location, spatially demonstrated.
Current situation.
The example story map has been replicated and the industrial areas are available to progress this.
So far no information has been received by the graphic designers and there will be a need to work
with them to ensure that the final product meets the requirements.
Developing a GIS Emergency Planning Layer
A meeting was held with the Emergency Planning Officer to determine what the requirements are
for this project. 9 possible scenarios were identified and on the basis of this required datasets will
be identified and sourced. It is anticipated that this will require data sharing agreements to be set
up with partner organisations.
Some thought will need to go into the best method to deliver and view the data in an emergency
situation with a web viewer and ArcGIS being considered. Currently there are two potential issues
identified, the network speed and obtaining information from the SE Trust on vulnerable patients in
a timely fashion.
APPENDIX 5 BC
Community Planning
Community planning encompasses many areas and has partnerships with many other Agencies. The
long term view is that an interactive web map would be produced that could cover a wide range of
datasets. The layers produced will be descriptive statistics and will require input from NISRA and
other Agencies in addition to Council statistics.
Current situation.
It is envisaged that these projects will progress apace with the replacement statistician taking post.
Identified projects for which there are no terms of reference or are sketched outlines
requiring further discussions.
Biodiversity
62 habitat surveys have been completed but the mapping needs to be taken into the correct format
this could be used to map areas where there are priority species, invasive species, priority habitats
and hedgerows to allow land management.
Current situation.
A draft ‘terms of reference’ has been created for this project and is currently with the Biodiversity
Officer for review. One site has been digitised with the help of orthophotography and symbology
applied that matches as closely as possible the JNCC recommendations. A geodatabase was created
to enable this and this included domains (drop down selections) to ensure consistency.
Route Optimisation
Initial contact to be made to investigate how GI can assist in improving route efficiencies within the
Operational Services unit.