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Environment - Approved Panel Minutes - 18 May 2006

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Environment Scrutiny Panel

18th May 2006

Le Capelain Room, States Building

Present Deputy R.C. Duhamel (Chairman)

Deputy G.C.L. Baudains (Vice Chairman) Connétable K. A. Le Brun of St Mary Deputy Le Hérissier

Deputy S. Power

Apologies

Absent

In attendance I. Clarkson, Scrutiny Officer

M. Robbins, Scrutiny Officer

 

Item (Ref Back)

Agenda matter

Action

1

Minutes

The Minutes of the meetings held on 4th May 2006, having been circulated previously, were taken as read and were confirmed.

Deputy S. Power was not present for this item.

None

2

Matters arising

There were no matters arising from the Minutes of 4th May 2006. Deputy S. Power was not present for this item.

None

3

Items to note

The Panel noted the following matters for information

  1. Ministerial decisions made between the period 12th April and 11th May 2006,
  1. P.48 /2006 (Com) entitled Island Plan 2002, Policy H2 - Fields 848, 851, 853, and 854 – comments',
  1. P.38/2006 (Com) entitled Charing Cross - vacant site – petition – comments',
  1. information regarding the forthcoming Homes and Leisure Exhibition on 9th – 12th November 2006,
  1. a  briefing  note  concerning  matters  considered  by  the Chairmen's Committee on 20th April 2006.

With regard to item d), the Panel instructed its officers to secure a 3m x 1½m stand for use by the Panel and, if appropriate, other Scrutiny Panels, at a cost of £988. In addition, the Panel instructed officers to investigate the possibility of purchasing an Environment Panel sign for use at this and other public events.

With  regard  to  item  e)  the  Panel  was  advised  that   Deputy  J. Gallichan of St. Mary had been invited to work with the Scrutiny Web site Action Group and that she had also expressed an interest in taking a lead rôle in public engagement matters. Panel members expressed the view that it was important to ensure key Scrutiny roles  were  filled  by  persons  with  appropriate  levels  of  political experience.  Accordingly   Deputy  R.C.  Duhamel  advised  that  he would be recommending to the Chairmen's Committee that Deputy G.C.L. Baudains should also work with the Scrutiny Web site Action Group. On a related matter, the Panel discussed whether it might

MH

 

be in the interests of the States Assembly to introduce limitations on the appointment of newly elected States members to particular positions  of  responsibility,  including  that  of  Assistant  Minister. Deputy R.C. Duhamel advised that he was considering inviting the Privileges and Procedures Committee to consider the issue.

RD

4

(21/03/06 Item 1)

Draft Strategic Plan 2006 – 2011

The Panel recalled that the Chairmen's Committee had scheduled a combined public meeting of all Scrutiny Panels and the Public Accounts Committee for the evening of 18th May 2006 at Hautlieu School, St. Saviour , and that the primary topic for discussion was to be the draft Strategic Plan 2006 2011 (Projet No. P.40/2006 refers).

A discussion followed on the matter of amending the draft Strategic Plan. The Panel reflected upon its previous discussions concerning the draft Plan and repeated the view that it had been poorly drafted and  also  that  it  contained  several  key  omissions.  Although  the Panel acknowledged that on 16th May 2006 Senator F.H. Walker , Chief Minister, had advised the States Assembly that he wished to defer debate on the draft Strategic Plan to 20th June 2006, in order to allow individual Panels to discuss the document with Ministers, it was concluded that a meeting with Ministers would add little value to the work that the Panel had already carried out.

The Panel agreed that no further work on the draft Strategic Plan was necessary. It was further advised by Deputy R.C. Duhamel that the Chairmen's Committee would coordinate amendments to the draft on behalf of individual Panels.

On a related matter, the Panel requested that it be provided with copies of a submission made by a Mr. A. Walton concerning the draft Strategic Plan,

RD MR

5

(04/05/06 Item 5)

Work programme – Design of Homes

The Panel considered a briefing note, prepared by the Scrutiny Office, concerning progress made on the Design of Homes review. Deputy S. Power advised that he wished first to establish the views of the Minister for Planning and Environment and the Planning Applications Panel concerning the draft Planning Advice Note No.1, before inviting the Association of Jersey Architects (AJA) to give their views on the draft. This approach was endorsed and officers were  instructed  to  apprise  the  AJA of  the  Panel's  intentions. Officers were further authorized to send a letter to the Association of Jersey Estate Agents seeking data concerning the number of one and two bedroom homes that agents had been marketing for a period of six months or more, together with possible reasons for the current status of that sector of the market.

Deputy  R.C.  Duhamel  advised  that  the  Minister  and  his Applications Panel were hoping to meet with the Panel on either 22nd or 24th May 2006 to discuss the current draft Planning Advice Note  No.1.  Officers  were  instructed  to  formalize  the  necessary arrangements.

IC IC

IC

6

(04/05/06 Item 6)

Work Programme – Planning Process

The Panel considered a progress report, dated 12th May 2006 and prepared by the Scrutiny Office, concerning the Planning Process review.

It was reported that almost 30 submissions had now been received. Analysis  of those submissions had  revealed  ten key issues for consideration, ranging from the publication of planning applications

 

through  to  the  issue  of  whether  there  were  adequate  rights  of IC / GB / RLH appeal against decisions. The Planning Process Working Group

was  due  to  meet  on  Monday  22nd  May  2006  to  review  the

submissions in detail and to decide upon a way forward. A report

would  then  be  prepared  and  submitted  to  the  Panel  for

consideration at its next full meeting on 1st June 2006. Further to

the foregoing, Deputy G.C.L. Baudains assured the Panel that he

was  aware  of  the  potential  for  conflicts  of  interest  to  arise

concerning  certain  ongoing  planning  matters  in  St.  Clement  on IC

which he had expressed views. He advised that he was taking

particular  care  to  avoid  such  issues  as  far  as  was  reasonably

possible.

The Panel noted the position.

On a related matter, it was confirmed that the Association of Jersey IC Architects  had  been  contacted.  It  was  understood  that  the Association  did  intend  to  make  a  submission,  although correspondence had not yet been received. The Panel instructed officers to confirm when the Association would be in a position to make its submission.

7 Work Programme – Waste

(04/05/06 The  Panel  received  an  oral  report  from   Deputy  R.C.  Duhamel Item 7) concerning progress made on the Waste review.

Deputy  R.C.  Duhamel  reported  that   Deputy  G.W.J.  de  Faye remained  firmly  of  the  view  that  the proposition  entitled Solid Waste  Strategy:  locations  for  proposed  facilities' (Projet  No. P.45/2006 refers) should be debated by the States on 20th June 2006.  He  further  submitted  that  the  Panel's  primary  objective should be to ensure that the States moved to in vessel composting in a way which reduced traffic movements by using 3 separate sites. It was disclosed that there were a number of States members working behind the scenes to secure a satisfactory composting solution. A related meeting of politicians and agricultural groups had been scheduled for Saturday 20th May 2006, the outcome of which might have implications both for the debate on P.45/2006 and  on  the  proposition  lodged au  Greffe' by  the  then  Senator

P.V.F.  Le  Claire  entitled Composting  Facilities' (Projet  No. RD P.258/2005 refers). Deputy R.C. Duhamel confirmed that he would

advise the Panel of the outcome of the meeting in due course.

The  Panel  was  reminded  that  the  debate  on  P.45/2006  was scheduled  to  take  place  in  less  than  five  weeks.  Accordingly clarification  was  sought  as  to  whether  the  Panel  intended  to produce  a  report  to  inform  that  debate.   Deputy  R.C.  Duhamel advised that the over-arching purpose of the current review was to inform debate on the type of plants to be purchased for processing solid waste. On that basis he maintained that there was no need for the Panel to produce a report to inform the debate on P.45/2006 or, for that matter, P.258/2005. It was suggested that recent significant levels of political involvement in a number of separate composting and solid waste issues generally had served to cloud the debate at a strategic level. Accordingly consideration was given as to whether Deputy  R.C.  Duhamel  should  make  a  statement  in  the  States confirming the exact nature of the work being undertaken by the Panel and also the deadlines to which it was working. Deputy R.C. Duhamel concluded that a statement was not necessary at the current time.

On  the  matter  of  an  amendment  to  P.45/2006,   Deputy  R.C. Duhamel explained that he had submitted a draft amendment to the Bailiff  for  advice  and,  after  some  delay,  had  finally  received approval  on  the  understanding  that  a  satisfactory  definition  of Strategic Environmental Assessment' was to be included within the accompanying report. The Panel was invited to note that although the draft amendment, together with previous assurances given by Deputy  G.W.J.  de  Faye  during  questions  without  notice  in  the States on 25th April 2006, would result in a form of environmental impact assessment being given to States members in advance of the debate on 20th June 2006, the amended proposition was not capable  in  isolation  of  providing  the  Assembly  with  a  Strategic Environmental Assessment, to be defined in detail by Deputy R.C. IC / MR Duhamel, in advance of 20th June. Several members agreed that

any  amendment  should  require  that  the  States  be  given  the opportunity to endorse a Strategic Environmental Assessment, to

be defined in detail by Deputy Duhamel, prior to any consideration

by  the  Minister  for  Planning  and  Environment  of  the  siting  of composting and other solutions for the final processing of solid

waste. Accordingly officers were instructed to liaise with the Greffier

of the States regarding a revised amendment.

Turning  to  the  Panel's  own  ongoing  Waste  review,  members confirmed that they had all received copies of the proposed terms MR

of engagement for the employment of Professor C. Coggins as an expert advisor to the Panel. The Panel was satisfied that Professor Coggins' previous recent work for the then Shadow Scrutiny Panel

was of a high standard and represented excellent value for money. Furthermore, it determined that the Professor was particularly well acquainted with the relevant solid waste policy issues facing the Island. On that basis it approved the employment of Professor C. Coggins for a period not exceeding 20 working days at a cost of £400.00 per day.

The Panel discussed developments with the proposed St. Helier Zero Waste Project, for which it had previously agreed to provide financial support in the sum of up to £5,000. Deputy R.C. Duhamel advised that the Parish of St. Helier was to be invited to approve the project on Wednesday 24th May at an Assembly. The Panel was  advised  that  it  had  previously  been  informed  that  the Constable A.S. Crowcroft of St. Helier was preparing a revised draft of the scoping paper seen previously by Panel members. No such paper had yet been received. Moreover, the Panel had not yet received  a  project  document  proposing  administrative,  logistical and budgetary arrangements for the proposed trial. Deputy R.C. Duhamel informed members that he would be inviting Professor C. Coggins  to  assist  with  finalizing  detailed  arrangements  for  the project  in  general  and  the  arrangements  for  data  collection  in particular. The Panel noted the position.

Officers sought confirmation of the Panel's current timescale for the production of a Panel report on Waste, particularly in light of delays in commencement of the St. Helier Zero Waste Project. Deputy R.G. Le Hérissier invited members of the Waste Working Group to consider  presenting  an  interim  report  prior  to  the  forthcoming debate  on  P.45/2006.   Deputy  R.C.  Duhamel  stated  that  the Working Group was aiming to present a report at the end of July 2006.

8 Making the Most of Jersey's Coast

(10/01/06 The Panel recalled that, during his presentation on 10th January Item 3) 2006, Senator F.E. Cohen, Minister for Planning and Environment had advised members that consultation on a coastal management

 

strategy was ongoing. On 28th February 2006 Panel members had subsequently  received  copies  of  the  consultation  draft,  entitled Making the Most of Jersey's Coast'.

Deputy  G.C.L.  Baudains  apprised  the  Panel  of  his  concerns regarding potential resource implications of measures contained within the consultation draft. He suggested that the Panel might wish  to  make  further  enquiries  as  to  the  current  status  of  the strategy.

The Panel instructed officers to establish the current status of the draft coastal management strategy and to arrange a meeting with the Minister and relevant officers, prior to the debate on the draft Strategic  Plan  2006 2011,  in  order  to  discuss  the  proposals contained within that consultation document.

IC / MR

9

Topic Proposal

The Panel considered e-mail correspondence, dated 8th May 2006 and written by Deputy P.V.F. Le Claire of St. Helier , concerning water pollution issues in St Peter.

It was reported that Deputy P.V.F. Le Claire remained concerned that chemical pollutants linked with previous fire fighting activity at Jersey Airport were continuing to cause problems for residents, for businesses and for States departments.

Officers were instructed in the first instance to write to various parties, including: Mr. M. Pollard, former Constable of St. Peter ; Mr.

P.  Rondel,  former   Deputy  of  St.  John,  and  the  Environment Department.

IC / MR

10.

Date of next meeting

The Panel agreed to meet at 9.30 am on Thursday 1st June 2006 in Le Capelain Room, States Building.

IC/ MR

Signed Date

.. Chairman, Environment Panel