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Environment - Approved Panel Minutes - 13 December 2007

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Environment Scrutiny Panel

PUBLIC MEETING Record of Meeting

 

Date:  13th December 2007.

Meeting Number:  68

 

Present

Deputy R.C. Duhamel (Chairman) (RD) Connétable A. S. Crowcroft (SC) (for a time)

Deputy P. V. F. Le Claire.(PLC) Deputy C. Scott Warr en

Apologies

Connétable K. A. Le Brun of St Mary (KB) (from 10 am)

Absent

 

In attendance

Mrs C. Le Quesne Scrutiny Officer Mr M. Robbins Scrutiny Officer

 

Ref Back

Agenda matter

Action

1.

Minutes

The Panel received and approved its Minutes of the meetings of 26th and 27th November and 3rd, 4th and 7th December 2007, subject to minor typographical amendments.  

RD PLC CSW

 

2.

Action Updates

The Panel noted a list of action updates from previous meetings. In particular the Panel noted the following outstanding issues -

  • Hill Street Cycle Network - Its consultation response to the Town Cycle Network Project for Hill Street. The draft was agreed  and  the  officer  was  requested  to  forward  the response to the Parish of St. Helier .
  • Rezoning of Land Consultation - Its consultation response to the Rezoning of Land for over 55's and first time buyer homes. The draft was agreed and the officer was requested to forward the response to the Planning and Environment Department with an invitation to the Assistant Minister to attend a Panel meeting to discuss some of its concerns relating to the rezoning of land.
  • The Waterfront - The Waterfront Consultation Document would be considered at the Panel's meeting of 10th January 2008.

CLQ

CLQ

CLQ

 

  • Water Quality - A date for responses to the supplementary questions asked of the Transport and Technical Services

Department on the 4th December 2007 would be requested.

  • Judicial Review - That the relevant legislation or advice relating to information about the timescales within which a Judicial Review could be initiated would be provided to the Panel.

RD PLC CSW

CLQ MR/CLQ

3.

Matters  arising  from  previous  minutes  and  matters  for information

The  Panel  noted  the following  matters  arising  from  its  previous minutes and matters for information -

Matters arising -

  • SDUK - Five places to include an officer had been reserved for the Sustainable Development Conference in March 2008 in London. The Panel agreed that one more place should be reserved so that all members could attend the conference;
  • Jersey  Heritage  Trust  -  That  documentation  relating  to concerns raised over a Jersey Heritage Trust consultation document  would  be  circulated  to  members  and  a  way forward would be agreed at the first Panel meeting of 2008. It was noted that the key area of concern with regard to the issue  of  applying  the archaeological  sites  policy  to applications  and  the  protocols  followed  in  the  decision making process;
  • Energy Policy - That an additional meeting before the start of 2008 should be arranged for the completion of the Panel consultation  response  to  the  draft  Energy  Policy.  It  was noted  that   Connétable   Crowcroft  and   Deputy  C.   Scott Warr en would not be available until the next Panel meeting.
  • Tidal  Energy  Summit  -  The  attending  members' contributions  for  inclusion  into  the  Tidal  Energy  Summit report back would be included into the report as soon as they were received. The main technical report provided at the summit would only be referenced in the Panel's report back and would be made available on the Scrutiny website.
  • Water Quality - Revised UK bathing water directives The United Kingdom had now published its new bathing water directives which followed a joint meeting with Ministers on the 2nd November 2007. The Panel understood that these were already being met and exceeded in Jersey. The Panel requested that confirmation of that level of compliance be sought from the Department of Health Protection to ensure that the Island was in line with the new changes. It was also requested  that  the  Transport  and  Technical  Services Department be asked whether the draft liquid waste strategy

CLQ

CLQ

CLQ

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CLQ/MR

 

would provide a framework for compliance with the United Kingdom  revised  bathing  water  directive.  The  Panel requested  information  on  whether  or  not  Jersey automatically adopted such directives and whether the same applied  to  air  quality  directives  adopted  in  the  United Kingdom.

  • Malmo  -  Panel  member  reports  on  attendance  at  the Sustainable  Development  Conference  in  Malmo  were awaited;
  • Hazard  and  Compost  Reports  -  Both  reports  were  still awaited from the Department of Transport and Technical Services. It was noted that one of the reports had now been released to the Public.

RD PLC CSW

Matters for information

  • A number of media items were provided to the Panel on the huge rise in shipping which had sparked an emissions alert article, a cycle plan in the UK which had achieved lottery funding  in  the  amount  of  £50  million  and  a  report  from Alistair Darling relating to concerns over the state of the environment.
  • A  call  had  been  made  through  the  local  media  by  the Transport  and  Technical  Services  Recycling  Section  to identify a use for unwanted plastic bottle tops.

RD PLC CSW SC

MR

4.

(Item 4 - 03/12/07)

Consultation  Paper  on  Branchage,  from  the  Comité  des Connétable s

The Panel recalled that it had previously considered the draft paper and that it had agreed that it should take advice from the relevant professional  individuals  prior  to  submitting  its  comment  to  the Comité des Connétable s.

The Panel was therefore pleased to welcome Mr. M. Stentiford, Mr.

M. Freeman, Principle Ecologist, Environment Department and Mr.

J. Pinel, Countryside Manager, Environment Department to discuss the issues pertaining to proposed changes to the existing branchage rules.   The  changes  would  alter  the  dates  of  the  visites  de branchage to accommodate occasional years of exceptional growth, and alter the height to which greenery must be cut from 12 to 14 feet.

The Panel and the visiting delegation agreed that the nature of the roads  tunnel  effect  in  the  greener  lanes  would  be  detrimentally affected by requiring higher and wider cutting. It was suggested that such an approach would support a policy to push forward with ever increasing industrial size hedge cutting machines that would remove extensive vegetation growth and cause damage to the fabric of the banks.

MR/CLQ

 

It was agreed that consideration should be given to the point at which the existing countryside could not further accommodate the larger vehicles and to the natural history of the island which should not be continually eroded to accommodate those demands.

The Panel discussed the regulations surrounding the movement of P30  authorised  vehicles  and  considered  that  the  restrictive approach  currently  applied  and  managed  by  the  relevant Connétable s should be maintained. It was noted that the Loi sur la Voirie (1914) as amended, controlled the movement of P30's on a trip by trip basis for specific routes and times. The process was administered by the Driver and Vehicle Standards Department and can be restricted where necessary.

The Panel decided that it would request information on the number of complaints due to lack of access from P30 drivers or carriers so that it might more clearly understand the basis for the proposed changes. .

The Panel agreed that it would not be prepared to support any revision of the existing laws and regulations relating to Branchage.

In addition it would recommend that training should be required for any  operators  of tractor  driven  mechanical  cutting  equipment to prevent extensive damage to the annual plant and tree species. The Panel also suggested that some consideration should be given to  protecting  hedgerows  by  extending  the  use  of  some  of  the existing legislation such as tree preservation orders.

The Panel noted that an effective competition scheme to raise the profile of green lanes at a parochial level was proving successful on a small scale. The scheme initiated by the Environment Department was not administered by La Société Jersiaise. In the longer term the Panel suggested that a lane network linking the green lanes should be included within the proposed revised Island Plan.

The officers were requested to outline the Panel's views in response to the consultation and to circulate the draft for approval.

PLC RD CSW

 

5.

Puffin Update

The  Panel  recalled  that  it  had  previously  considered  concerns expressed relating to the diminishing number of puffins on the North Coast and in particular at Plemont where a housing development was being proposed.

The Panel welcomed Mr. M. Stentiford, Mr. M. Freeman Principle Ecologist, Environment Department and Mr. J. Pinel, Countryside Manager,  Environment  Department  to  discuss  the  issues  and thanked the visitors for the written submissions which had been provided.

The Panel was advised that Puffins produced one chick once a year, and did not breed until the age of five. It noted that the decline in appearance of the breed on the North Coast had been a gradual process. The concern directed due to the proposed development

 

 

was  as  a  result  of  the  strong  association  in  the  area  between Plemont and Grève de Lecq to the puffins.

It was recognised that the species was on the edge of its natural habitat and whilst every effort should be made to ensure that wildlife was protected and provided with safe habitat it was important to recognise that the protection of species in isolation was not as effective as a holistic approach of protecting wider areas of habitat.

The Panel was provided with an outline of the Environmental Impact Assessments  that  developers  were  required  to  provide  when developing sites adjacent to sensitive wildlife habitat. It was noted that although this was not the first report provided by the developers to address the issues of concern which had been expressed some statements remained to be verified and evidenced.

The Panel was advised of some studies in other jurisdictions which had and were taking place to better understand breeding and life patterns  of  the  puffin  and  of  initiatives  to  protect  them  from predators such as cats or rats. In some case the decline had been arrested by controlling rats in small island situations. This was not the case in Jersey.

The  Panel  accepted  that  the  issue  was  mainly  that  of  habitat protection and that it was becoming more difficult to ensure that when economic and population growth continually placed demands on available land resources.

It was accepted that the National Trust and the designation of Sites of Special Interest afforded protection for some areas it was difficult to find funding for habitat protection. The Panel agreed that it would await  the  follow  up  report  requested  of  the  developers  prior  to making a comment to the Planning and Environment Minister on the issue.

The  Panel  was  advised  that  as  part  of  a  natural  environment awareness raising campaign D'Auvergne School would be holding an art exhibition on the 12th and 13th January 2008 at Grève de Lecq Barracks between 2 and 4 pm. The Panel was invited to attend.

PLC RD CSW

 

6.

(Item 1 - 09/11/07)

Air Quality Review

The Panel was advised that its consultant was currently developing the  technical  part  of  its  report  and  that  it  would  be  ready  for consideration in first draft towards the end of the month.

The transcripts from the review hearings had been circulated to all witnesses for comment and would be uploaded onto the web site in due course.

The Panel noted that a submission had now been received from Jersey Gas focusing on LPG vehicles and that Mr. C. Newton, Director of the Environment Department had offered to provide the Panel  with  additional  information  in the form  of  a  submission  if required. The Panel decided that it would only require the additional information if it were to correct any factual inaccuracies made by the

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Minister at the hearing. PLC RD CSW SC

 

7.

(Item 2 - 09/11/07)

Waste Plant Review

1st March 2008 Exhibition Venue

The Panel agreed that its forthcoming exhibition relating to its waste plant review would be held at the Town Hall . It noted that the cost for the day was approximately £270. The officer was requested to make the necessary arrangements and to provide costs for the buffet catering.

Channel 103 -

The  Panel  recalled  that  it  had  received  representatives  from Channel 103 at its meeting of 3rd December 2007 and that it had provided them with a brief from which to develop a radio advertising campaign in support of its review. The Panel received a draft of the proposed adverts and requested a number of amendments to the text. The Panel approved the work subject to those amendments being made and the officer was requested to take the necessary action.

Advisors -

The Panel noted that an approach had been made to its preferred consultant Juniper to attend a meeting before the end of the month to discuss the work that was required. Juniper had been unable to attend but could make time to receive a visit at its head office. The Panel agreed that the Chairman and an officer should attend a meeting with the consultants to agree terms of engagement and a fee.  The  Panel  agreed  that  the  company's  credentials  and experience matched its criteria exactly and that it had a time slot which would allow the Panel to meet its report deadline for the end of March 2008. The Panel noted that the meeting with Juniper would incur travel expenses in the region of £500.

The officer was directed to take the necessary action.

An invitation was extended to Panel Members to attend a visit to the Bellozanne Energy from Waste Plant early in 2008.

RD PLC CSW and SC

MR

MR

MR

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8.

Kitchen Waste Conference

The Panel was provided with a power point presentation outlining the key issues that were discussed at the recent Kitchen Waste Conference attended by an officer on behalf of the Panel.

The  presentation  provided  an  outline  of  initiatives  and  products becoming commercially available. It was noted that the conference focused  on  collection  techniques  that  were  found  to  have  a significant impact on the successes – it had been discovered that fortnightly  collections  were  not  popular.  The  other  key  success indicator had been the adequate provision of bins

The Panel noted that a written report would follow in due course. RD PLC CSW and SC

MR

9.

Future meetings –

The Panel approved a list of dates for its meetings in 2008 with the first of its fortnightly meetings to be held on the 10th January 2008.

RD PLC CSW and SC

 

Signed  Date: ..  

Chairman Environment Panel