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Environment - Approved Panel Minutes - 26 March 2013

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Environment Scrutiny Panel

Record of Meeting

Date: 26th March 2013 Meeting No: 36

 

Present

Deputy J. Young, Chairman Deputy S. Luce (Vice chairman) Connétable P. Rondel

Apologies

 

Absent

 

In attendance

Mr. M. Orbell, Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Records of meetings

The Minutes of the meetings held on 11th and 18th March 2013 were approved and signed.

MO

Item 1 1.02.13

514/2(26)

2. Island Plan Housing Policy

The Panel reflected on the outcomes of its public hearing with the Minister for Planning and Environment on 11th March 2013, which had focused on progress with the development of affordable and social housing in recent years and the Minister's thoughts about future  policy  in  these  areas.  Members  felt  that  both  answers  to questions and a written paper provided by the department at the hearing had been highly informative.

The  Panel  discussed  how  concerns  about  affordable  and  social housing  could  best  be  addressed  and  it  was  agreed  that  the Chairman would bring this matter to the attention of the Chairmen's Committee, for possible consideration of a joint review with other Panels.

JY

514/1(35)

3. Draft Public Health and Safety (Dwellings) (Jersey) Law 201-

Members  considered  the  draft  law  recently  published  for  public consultation. Although this had been issued by the Health and Social Services Department (Health Protection section) there appeared to be significant overlap with areas within the Panel's remit, particularly building  control  and  building  bye-laws  administered  by  the Department of the Environment.

The Panel's view was that the draft law appeared to confer powers of inspection, intervention and control over the use of private properties which seemed disproportionate to the extent of known problems. Members considered that there could be some justification for a law of this sort to protect the health of tenants of poorly maintained or unsuitable rented properties. However, extending its application to all dwellings would give public health inspectors powers to enter private homes and impose requirements for their maintenance or repair, limit their use, or even (in extreme cases) cause them to be demolished, all at the owner's expense. This was considered to represent an unacceptable threat to people's rights to privacy and enjoyment of

 

 

their own homes.

Members also had serious concerns that the consultation gave no indication of any standards which might be intended to apply if the law was enacted. References to unspecified controls over energy and  water  use  in  homes  were  felt  to  be  inappropriate.  It  was considered  that  private  residential  properties  were  already adequately  regulated  by  means  of  the  building  bye-laws  and planning rules applied to all new development.

The Panel decided that for these reasons it was opposed to the introduction of the draft law. It was agreed that the Chairman would write to the Minister for Health and Social Services highlighting the Panel's concerns and asking for it to be withdrawn.

JY/MO

Item 3 11.03.13

514/23

4. Historic Buildings

The  Panel  considered  a  draft  scoping  document  and  suggested terms of reference for a review of the historic buildings policy of the Minister for Planning and Environment. Minor amendments to the terms of reference were agreed. The Chairman and the Scrutiny Officer would research possible expert advisers for the review; it was considered that advice would need to come from outside the Island to ensure impartiality. It was agreed that timing of the review would be considered at a later date.  

MO/JY

514/1(18)

5. Motor Traffic (Jersey) Law 1935

The Panel discussed the possibility of including a review of the Motor Traffic  Law  in  its  work  programme.  It  was  felt  that  it  may  be preferable  to  address  anomalies  that  had  arisen  within  the  law, rather than reviewing the law itself. It was agreed that the Scrutiny Officer  would  contact  the  Transport  and  Technical  Services Department to request that the Motor Traffic Law be included on the agenda for an early private briefing.

MO

Item 3 7.02.12

514/1(18)

6. Liquid Waste Strategy

It was agreed that the Scrutiny Officer would ask the Transport and Technical Services Department to include the Liquid Waste Strategy on the agenda for a private briefing.

MO

Item 5 18.09.12

514/1(30)

7. Asbestos

It was agreed to request the inclusion of asbestos as a further topic for a private briefing with the Minister for Transport and Technical Services.

MO

Item 7 8.01.13

514/1(25)

8. Taxi regulation

It was agreed to request the inclusion of taxi regulation as a topic for a  private  briefing  with  the  Minister  for  Transport  and  Technical Services.  

MO

514/1(36)

8. Planning and Building fees

The Panel discussed information recently received from the Jersey Chamber of Commerce concerning fee levels charged in respect of planning applications and building control in Jersey, compared with other jurisdictions. It was noted that as the Panel had not carried out its  own  research  this  material  should  be  regarded  as  indicative. However, evidence previously presented to the Panel from another

 

 

source supported the conclusion that Jersey's planning and building fees (particularly for large-scale commercial developments) were set at  a  very  high  level,  whereas  some  services  (for  example  pre- application advice) could not be relied upon to the same extent as would  be  expected  elsewhere.  The  Panel  noted  that  Jersey's Planning Department now achieved a high level of cost recovery, at around 90-95%, compared with some 50% five years ago, but it was not  clear  whether  this  represented  good  value  for  prospective developers.

The Panel discussed whether some form of audit check would be appropriate to obtain greater clarity on planning and building fees and performance levels. Panel members felt that such a task would be more suited to the rôle of the Public Accounts Committee and it was agreed that the Chairman would therefore raise the matter with the Chairmen's Committee.

JY

Item 5 11.03.13

514/22

9. Pathway 2050: An Energy Plan for Jersey

The Panel discussed possible approaches to the initial meeting with the proposed adviser for the Energy Policy review, to take place on 28th March 2013 (following postponement due to adverse weather conditions of previous arrangements for 11th March). It was felt that the approach could be relatively informal; members agreed to invite the Director for Environmental Policy to join the meeting later to share the department's thoughts about the review.

MO

 

10. Forthcoming meetings

  • Private  meeting  with  potential  adviser  for  review  of  draft Energy  Policy:  10.00am  on  28th  March  2013,  Blampied Room, States Building
  • Next scheduled Panel meeting: 2.00pm on 23rd April 2013, Blampied Room, States Building

MO