ARDS AND NORTH DOWN BOROUGH COUNCIL · Customer Satisfaction Surveys Following completion of a service request an after use customer satisfaction survey is issued, of which 41 have

ARDS AND NORTH DOWN BOROUGH COUNCIL

02 January 2018 Dear Sir/Madam You are hereby invited to attend a meeting of the Environment Committee of the Ards and North Down Borough Council which will be held in the Council Chamber, 2 Church Street, Newtownards on 10 January 2018 commencing at 7.00pm. Tea, coffee and sandwiches will be available from 6.00pm. Yours faithfully Stephen Reid Chief Executive Ards and North Down Borough Council

A G E N D A

1. Apologies 2. Declarations of Interest

3. Presentation on Anti-Dog Fouling Campaign

4. Performance Report re Neighbourhood Environment Team (Report attached)

5. Request to Designate Portaferry as a Holiday Resort (Report to follow)

6. Result of Court Proceedings (Report attached)

7. Proposed Street Naming – Manse Mews, Newtownards (Report attached)

8. Environment Directorate Budgetary Control Report (Report attached)

9. War Memorials Refurbishment - Groomsport (Referred from Council meeting held

on 18 December 2017) (Report attached)

10. Proformas for HRC Access Permit Scheme (Referred from Council meeting held on 18 December 2017) (Report attached)

11. Notices of Motion

11.1. Notice of Motion submitted by Councillor Robinson

2

As a consequence of a fairly disappointing response to date towards council’s kerbside glass recycling scheme, officers bring back a report on the feasibility of increasing glass collections from monthly to fortnightly, in line with our current grey bin collections. A number of factors may be contributing to the lack of enthusiasm for this scheme, not least confusion over schedules, plus the limited capacity of the boxes provided, so opting for fortnightly glass collections may improve the response.

11.2 Notice of Motion submitted by Councillor Woods

That this Council in the interests of health, equality and the environment, reviews its policy towards bin provision and waste management and installs sanitary bines every public toilet across the Borough 11.3 Notice of Motion submitted by Councillor Cathcart and Councillor Kennedy

That this Council recognises the concerns of residents with street cleaning services in residential areas close to our urban centres, particularly the concern that street cleaning machines do not provide an adequate clean in areas with high levels of parked cars. This Council therefore as part of its Corporate plan to increase pride in our Borough tasks officers to produce a report detailing improvements to street cleaning services including the provision of more staff hours devoted to street cleaning and the potential of dedicated litter picking staff. 11.4 Notice of Motion submitted by Councillor McIlveen – deferred from

December’s meeting That officers consider ways in which the sight lines at the Gas Works car park, Mill Street, Newtownards can be improved. 11.5 Notice of Motion submitted by Councillor McIlveen – deferred from

December’s meeting That this Council writes to the Transport NI to request that double yellow lines are considered for the entrance to Londonderry Park and, given the high usage at peak time, requests that officers look at nearby Council-owned sites as potential overflow car parks. 11.6 Notice of Motion submitted by Councillor McIlveen – deferred from

December’s meeting Given the paucity of charging points for electric vehicles particularly in the legacy Ards part of the Borough, that this Council brings a report identifying council sites in the Borough for the installation of electric car charging points and investigates possible funding streams for the installation. *** IN CONFIDENCE*** 12. Review of Commercial Waste Charges (Report attached)

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13. Zero 30 Waste Treatment proposals for Ards and North Down Borough Council

(Report attached)

14. Tender for the Collection and Reprocessing of Various Waste Materials and Resources from Household Recycling Centres (Report attached)

15. Update Recycling Community Investment Fund (Report attached)

16. CCTV Monitoring – Extension of Contract (Report attached)

17. Dog Kennelling – Extension of Contract (Report attached)

18. Tenders for General Supplies 2018/19 (Report attached)

19. Terms and Conditions at Harbours (Report attached)

20. Any Other Notified Business

a) Bin Collection over the Holiday Period

Circulated for Information:

a) LHLH Invitation (Correspondence herewith) b) DAERA dated 20 December 2017 re Container Deposit Scheme for Northern

Ireland + Annex 1

MEMBERSHIP OF ENVIRONMENT COMMITTEE (16 Members)

Alderman Henry Councillor Edmund Alderman Fletcher Councillor Ferguson (Vice Chairman) Councillor Armstrong-Cotter Councillor Leslie Councillor Barry Councillor McAlpine Councillor Boyle Councillor Martin (Chairman) Councillor Cathcart Councillor Woods Councillor Cummings Councillor Smart Councillor Douglas Councillor Wilson

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ITEM 4

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Environment Committee

Date of Meeting 10 January 2018

Responsible Director Director of Environment

Responsible Head of Service

Head of Building Control Licensing and Neighbourhood Environment

Date of Report 18 December 2017

File Reference 92009

Legislation Dogs NI Order 1983 Littter NI Order 1994 Welfare of Animal Act 2011

Section 75 Compliant Yes ☒ No ☐ Other ☐

If other, please add comment below:

Subject Performance Report re Neighbourhood Environment Team

Attachments Appendices One to Three - monthly report regarding the issue of fixed penalty fines

Neighbourhood Environment Performance The statistical information provided in this report covers, unless otherwise stated, the period 1st September 2017 to 30th November 2017. Prosecutions 15 court convictions have been secured for the offences listed below. No Licence 5 Straying 7 Littering 1 Dog Attacks on other domestic pet 0


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Attack on Livestock 0 In field with Livestock present 0 Causing unnecessary suffering 1 Failing to meet an animals needs 1 TOTAL 15

Fixed Penalty Notices Issued In addition to cases prosecuted through the court as detailed above, 707 fixed penalties have been issued in respect of various matters. This continues to demonstrate a sustained Council focus upon detecting and punishing those who persist in committing environmental offences in the Borough. A detailed breakdown, as to the locations of offences dealt with by way of fixed penalties is now issued directly to all members on a monthly basis (see Appendices One to Three).

0

20

40

60

80

100

120

140

160

Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar

513

35 32

2113

32

715

11

2719

43

29

42

52

37

28

44 47

2533

4742

47

66

112

60

75

150

98 99

2015/16

2016/17

2017/18

Fixed penalties issued bymonth

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Dog Licences In the 3-month period September to November 2017, a total 4,324 dog licences were issued.

0

50

100

150

200

250

300

350

77

5444

53

1 1 0 0

137

96

195

32

0 1 8 1

103117

152

327

0 08

0

Fixed Penalty offfence types 2016/17 as compared to 2017/18

2015/16

2016/17

April to November 2017

0

5

10

15

20

25

30

35

40

45

Ban

gor

Bal

lygo

wan

Bal

lyh

alb

ert

Bal

lyw

alte

r

Car

row

do

re

Clo

ugh

ey

Co

mb

er

Co

nlig

Cra

wfo

rdsb

urn

Cu

ltra

Du

nd

on

ald

Do

nag

had

ee

Gre

yab

be

y

Gro

om

spo

rt

Hel

ens

Bay

Ho

lyw

oo

d

Kir

cub

bin

Kill

inch

y

Mill

isle

New

tow

nar

ds

Po

rtaf

err

y

Po

rtav

ogi

e

Sain

tfie

ld

0

18

0 13

0 1

9

0

41

3

30

12 13

0 1 00

30

0 0

4

0 03

1 1 0 0

5

0

5 4

42

0 0

5

15

02

0

dog fouling fixed penalties issued

2016/17 2017/18 (April - November)

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Service Requests Community Safety Service Requests Ards and North Down Community Safety Team received 57 Service Requests between 1st April 2017 and 30th November 2017.

Basic, 843

Block, 18

Concessionary, 3463

Dog Licences issued September 2017 to 30th November 2017

0

5

10

15

20

25

30

35

4

13

30 0

34

30 0

Service requests to Community Safety Team

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Dog Control Service Requests The Neighbourhood Environment Team has received 1283 service requests in relation to dog control between 1st April 2017 and 30th November 2017:

Environmental Control Service Requests The team received 860 service requests in relation to environmental control between 1st April 2017 and 30th November 2017:

0

50

100

150

200

250

300

350

400

300

52

2 0 0

347

69

1

225

0 1

372

0 0 2

45

121

15 1

Service requests relating to dog control 1st April 2017 to 30th November 2017

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Customer Satisfaction Surveys Following completion of a service request an after use customer satisfaction survey is issued, of which 41 have been returned. A summary of percentage level of satisfaction from those 41 returns against key questions is provided below.

0

50

100

150

200

250

300

350

400

450

500

4

105

251

466

160 0 8 0 0 10 0

Service Requests relating to Environmental Control 1st April 2017 to 30th November 2017

82.0

88.0

81.0 81.0

85.0

88.0

76.0

78.0

80.0

82.0

84.0

86.0

88.0

90.0

Quality ofservice

Courteousness &professional staff

Kept Informed Resolving theissue

Meetexpectations

Timliness ofresponse

Percentage level of satisfaction

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Education/promotional campaigns

Over the three-month period the Neighbourhood Environment Team has supported the following groups which undertook litter clean ups of their area.

Ballyholme Co-Op – Ballyholme Beach (20 participants) Friends of Crommelin Wood – Crommelin Wood, Donaghadee (25) North Down & Ards Beach Cleaners – Seahill Beach. Holywood (12) North Down & Ards Beach Cleaners – Groomsport Beach (12) Councillor Scott Wilson – Ballyholme Beach (10)

It is estimated that over 100 bags of litter were removed.

Recommendation It is recommended that the Committee notes the report

Appendix One

Fixed Penalty Notices issued in September 2017 FIXED PENALTY STREET NAME TOWN QUANTITY Fouling Whitechurch Road Ballywalter 1

Fouling Old Belfast Road Bangor 1

Fouling Ballyholme Beach Bangor 1

Litter Bloomfield Shopping Centre Bangor 11

Litter Kinglands Car Park Bangor 3

Litter Banks Car Park, Ballyholme Bangor 9

Litter Coastal Path, Pickie Bangor 1

Litter Abbey Street Bangor 9

Litter Train/Bus Station Bangor 5

Litter Main Street Bangor 2

Litter KFC Bangor 2

Litter McDonalds Bangor 3

Litter Bangor Road Bangor 1

Litter Balloo Road Bangor 1

Litter Seacliff Road Bangor 3

Litter Spar, Newtownards Road Bangor 1


Litter Main Street Bangor 1

Litter Upper Main Street Bangor 2

Litter Balloo Avenue Bangor 1

No Licence Upritchard Crescent Bangor 1

No Licence Lord Wardens Parade Bangor 2

No Licence Church Drive Bangor 1

No Licence Inishargie Gardens Bangor 1

Straying Old Belfast Road Bangor 1

Straying Willowbrook Park Bangor 1

Straying Ballymacormick Avenue Bangor 2

Straying Primrose Street Bangor 1

Straying Belgravia Road Bangor 1

Straying Charles Mount Bangor 1

Straying Queens Parade Bangor 1

Litter Island Hill Car Park Comber 1

Litter Ballygowan Road Comber 1

No Licence Tullynakill Road Comber 2

No Licence Glen Road Comber 1

Straying Quarter Road Comber 1

Straying Crescent Grove Comber 1

Fouling Crawfordsburn Country Park Crawfordsburn 1

Straying Crawfordsburn Village Crawfordsburn 1

Litter Portavoe Reservoir Donaghadee 1

Litter New Street Donaghadee 2

Straying Killaughey Road Donaghadee 1

Litter Groomsport Harbour Groomsport 2

Litter Groomsport Beach Car Park Groomsport 2

No Licence Grey's Point Helen's Bay 2

Fouling Seapark Holywood 1


Fouling The Esplanade Holywood 1

Litter Seapark Holywood 1

Litter Millsle Beach Car Park Millisle 1

Litter Millisle Beach Millisle 1

Dogs Off Lead Londonderry Park Newtownards 2

Fouling Tidebank Newtownards 2

Fouling Floodgates Newtownards 1

Litter Londonderry Park Newtownards 1

Litter Ards Shopping Centre Newtownards 16

Litter Castlebawn Retail Park Newtownards 2

Litter Texaco Filling Station Newtownards 1

Litter McDonalds Newtownards 4

Litter Hardford Link Newtownards 1

Litter Ards Hospital Car Park Newtownards 1

Litter Comber Road Newtownards 1

Litter North Road Newtownards 1

Litter Tidebank Newtownards 1

Litter Regent Street Newtownards 1

Litter Gibsons Lane Newtownards 2

No Licence Alanbrooke Crescent Newtownards 1

No Licence Windsor Avenue Newtownards 1

Straying Alanbrooke Crescent Newtownards 1

Straying Ballyreagh Road Newtownards 1

Straying West Winds Newtownards 1

Straying Ashfield Court Newtownards 1

Straying Brentwood Way Newtownards 1

Straying Ards Shopping Centre Newtownards 3

Straying Beverley Drive Newtownards 1

Straying Newtown Vale Newtownards 1

Litter Church Street Portaferry 1

Litter Lough Shore Road Portaferry 1

No Licence Pypers Hill Portavogie 1

Straying Pypers Hill Portavogie 1

150

Appendix 2

Fixed Penalties issued – October 2017 FIXED PENALTY STREET NAME TOWN QUANTITY Straying Carsons Road Ballygowan 1

No Licence The Crescent Ballygowan 1

Litter Main Street Ballywalter 1

Fouling Bloomfield Playing Fields Bangor 1

Litter Newtownards Road Bangor 1

Litter Groomsport Car Park Bangor 1


Fouling Seacliff Road Bangor 1

Straying Windsor Avenue Bangor 1

Litter Ballyholme Car Park Bangor 1

Litter Sainsburys Car Park Bangor 1



Litter Springhill Shopping Centre Bangor 1


Litter Cinema Car Park Bangor 1



Litter Seacliff Road Car Park Bangor 1

Litter Clifton Road Bangor 1

Litter Clifton Road Bangor 1

Litter Ballyholme Beach Bangor 1

Litter High Street Bangor 1


No Licence Lismore Avenue Bangor 1

Litter Rathgael Road Bangor 1

Litter Balloo Avenue Bangor 1

Litter Rathmore Road Bangor 1


Litter Maxol Garage, Newtownards Road Bangor 1

Litter Quay Street Bangor 1

Straying Abbey Mount Bangor 1

Straying Abbey Mount Bangor 1

Straying Rathgill Park Bangor 1

No Licence Rathgill Park Bangor 1

No Licence Navar Drive Bangor 1

No Licence Lismore Avenue Bangor 1

No Licence Manse Road Carrowdore 1

Fouling Moat Road Comber 1

Fouling The Commons Donaghadee 1

Litter Crommelin Park Donaghadee 1

Fouling Groomsport Harbour Groomsport 1

Fouling Groomsport Beach Groomsport 1

Straying Bangor Road Holywood 1

Fouling Ballymenoch Park, Seapark Holywood 1

Fouling Ballymenoch Park, Seapark Holywood 1

Fouling Redburn Country Park Holywood 1

Litter High Street Holywood 1

Litter Sea Park Car Park Holywood 1






Litter Seapark Holywood 1

No Licence Church Avenue Holywood 1

No Licence Blackstaff Road Kircubbin 1



Litter Millisle Beach Car Park Millisle 1


No Licence Abbey Road Millisle 1

No Licence Woburn Road Millisle 1

Straying Larksborough Newtownards 1


No Licence Windsor Avenue Newtownards 1

Litter Kempestone Road Newtownards 1

Litter Portaferry Road Newtownards 1

Litter Upper Greenwell Street Newtownards 1

Straying Bangor Road Newtownards 1





Litter Georges Street Newtownards 1


Litter Regent Street Newtownards 1


Litter Frederick Street Newtownards 1

Litter Circular Road Newtownards 1


Litter Messines Road Newtownards 1

Litter East Street Newtownards 1



Straying Old Belfast Road Newtownards 1



Litter Talbot Street Car Park Newtownards 1



Straying Beverley Crescent Newtownards 1

Litter Loughshore Road Portaferry 1




Straying Springfield Road Portavogie 1

No Licence Springfield Road Portavogie 1

98

Appendix three

Fixed Penalties issued - November 2017

FIXED PENALTY STREET NAME TOWN QUANTITY Litter Springvale Road Ballywalter 1

Litter Greyabbey Road Ballywalter 1


Fouling Kingsland Car Park Bangor 1


Fouling Crawfordsburn Country Beach Bangor 1

Fouling Crawfordsburn Country Beach Bangor 1

Fouling Crawfordsburn Country Park Bangor 1

Fouling Crawfordsburn Country Park Bangor 1

Fouling Banks Lane Car Park Bangor 1

Fouling Seacourt Lane Bangor 1

Litter Banks Lane Car Park Bangor 1

Litter Seacliff Road Bangor 1

Litter Belfast Road Bangor 1

Litter Rathgael Road Bangor 1

Litter Omniplex Car Park Bangor 1

Litter Pitstop Café Bangor 1

Litter Pitstop Café Bangor 1






Litter Ashbury Shops Bangor 1

Litter Kingsland Car Park, Seacliff Bangor 1



Litter KFC Car Park Bangor 1

Litter Kingsland Car Park (Ballyholme Yacht Club end) Bangor 1





Litter Bloomfield's Shopping Centre Car Park Bangor 1

Litter Sainsbury's Car Park Bangor 1



Litter Abbey Street (Bus Stop) Bangor 1

Litter Abbey Street (Bus Stop) Bangor 1

Litter Seacliff Road Car Park Bangor 1

Litter Bloomfield's Shopping Centre Bangor 1

Litter Bloomfield's Shopping Centre Bangor 1


Litter Kingsland Car Park Bangor 1

Litter Upper Main Street Bangor 1

Litter Gransha Road Bangor 1

Litter Circular Road Bangor 1







Fouling Seafront Road Holywood 1

Fouling Seapark Beach Holywood 1





Fouling Bangor Road Holywood 1








Litter Bangor Road Holywood 1

Litter Bayview Car Park Kircubbin 1

Fouling Millisle Beach Car Park Millisle 1

Fouling Millisle Coastal Park Millisle 1



Fouling Beach Area (Portaferry Road) Newtownards 1

Litter Castlebawn Newtownards 1

Litter Tesco Castlebawn Newtownards 1

Litter Tesco Castlebawn Newtownards 1


Litter Church Street Newtownards 1



Litter West Street Newtownards 1

Litter Victoria Avenue Newtownards 1

Litter Castlebawn Shopping Centre Newtownards 1



Litter Castlebawn Shopping Centre Newtownards 1




Litter Ards Shopping Centre Car Park Newtownards 1



Litter Ards Shopping Centre Car Park Newtownards 1

Litter McDonalds Car Park Newtownards 1

Litter The Strand Portaferry 1

Fouling Anchor Car Park Portavogie 1

Fouling Anchor Car Park/Coastal Path Portavogie 1

Litter Harbour Road Portavogie 1

99

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ITEM 5




Date of Meeting 06 December 2017



Building Control, Licensing and Neighbourhood Environment


File Reference LR/Sunday trading/ 90100

Legislation The Shops (Sunday Trading &c.) (NI) Order 1997



Subject Request to Designate Portaferry as a Holiday Resort

Attachments 1. Letter opposed to the designation as a holiday resort 2. Letter in support of desination as a holiday resort 3. Legal advice

In September 2017 the Council agreed to consult on the proposal that Portaferry be designated as a ‘holiday resort’ under Article 6 of the Shops (Sunday Trading &c.) (NI) Order 1997. Background Under the above Order large shops with a floor space over 280 square metres may only open for business on a Sunday between the hours of 1pm and 6pm. There are a number of special exclusions to this including petrol stations. Under Article 6 of the Order the Council can designate an area as a ‘holiday resort’ which would then permit large shops to open for unrestricted trading hours on up to 18 Sundays in any year between the 1st March and the 30th September. They cannot open on Easter Sunday.

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At present Ballywalter and Donaghadee are designated holiday resorts under the Order. Consultation As required by the legislation the proposal to designate was advertised in the local papers following which two letters were received; one in support of the proposal and one against it. The letter against the proposal was provided by D. W Retail Ltd, 91 High Street, Portaferry on behalf of the Centra Petrol Station, see Appendix One attached. They oppose the proposal for the following reasons:

The application is to support a planning application by the Spar to increase their store from 3000 to 10,000 square metres.

This business has previously opened in breach of the legislation but reduced its hours after Council advice was given;

There are many other providers of goods in the town on a Sunday so the larger shop does not need to be open;

There is currently no reduction in service to the ‘tourist visitor’; Belfast recently rejected a similar application

The email in support of the application was provided by James McDonnell & Sons Ltd. who operate the Spar in Portaferry, see Appendix Two attached. They advise that they are a family business which has operated in Portaferry for over 200 years. In support of the proposal they have stated:

They employ over 30 people; They have seen a marked increase in the tourist trade and this was the

reason to increase their hours of trading on Sunday; They believed the town was already designated as a holiday resort; They believe that due to the investment in the new ferry, Exploris and the

renovation of the Market House plus the existence of a tourist information centre and the various festivals held in the town, then it should be designated as a holiday resort.

They consider it is important that those visiting the town find plenty of interest to entertain them;

They consider that the growth of large petrol stations which are exempt under the legislation has happened to take advantage of the legislation.

Hard to compete with the garages who have unrestricted hours; Members may recall that when considering the designation of Portaferry it was further agreed that “a report be brought back on the legislation relating to the designation of towns as holiday destinations, legal advice on the issue of designation zoning within a town, views of the tourism and development section in Council and views of the local Chambers of Commerce”. Legal advice has now been obtained, see Appendix Three, but the Tourism and Development sections are still considering the matter and in particular whether there is any evidence to suggest that the

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designation and subsequent opening of large shops is of benefit to the local economy and tourism. An update on that matter would be brought to the Committee at its meeting. It is noted that if the Council is minded to designate Portaferry as a holiday resort in time for 1st March then it would need to make the decision in January 2018, therefore allowing the one-month notice period required within the legislation between making the resolution and the designation. It is suggested that at this point the Committee consider the designation or otherwise of Portaferry as a holiday resort. A further report will be brought back before the Committee in due course dealing with the wider implications around the designation of other parts of the Borough and implications for the local economy.

RECOMMENDATION It is recommended that the Committee now considers whether it wishes to designate Portaferry as a ‘holiday resort’ under The Shops (Sunday Trading &c.) (NI) Order 1997.

MOORE MCKAY

Your Ref: 4.0036/0308/cME

our Ret: )7th November 2017

Richard Brittain Esq

Head of Building Control, Licensing, & Neighbourhood Environment

Ards & North Down Borough Council2 Church StreetNEWTOWNARDSCounty DownBT23 4AP

Dear Mr Brittain,

Re : Th e Shqrg(S qp dav T radineE-,tci (Nq@n- I reland) O r.{l g J2y'

Thank you for your corespondence of 2nd November 2017, seeking legal advice in accordance with

the Council's motion:

,,That this Council agrees to task fficers to commence the process of designing [sic] Portafeffy as a

hotiday resort in liniwith the 1997 Sunday Trading Legislation. Further that a report be brought back

on the legislation relating to the designation of towns as holiday destinations, legal advice on the issue

of desigTtation zoning within a town, views of the tourism and development section in Council and

views of the local Chambers of Commerce."

We shall advise on the legislation relating to the designation of holiday resorts, and on the specific

issue of designation zoning within a town.

Article 6(9Xa) of the Shops (Sunday Trading Etc) Q.{orthern Ireland) Order 1997 states that "a district

council may by resolution designate any area in its district as a holiday resort".

please nr-rte that the order does not refer to the designation of tovtrts as "holiday resorts". Nevertheless,

N.*ry anri ivlourne Council has designated the towns or irier';ry and Kiikeel as "hcilidaY reso':ts";

Causeway coasr a'd Glens council has designated the towns of'Portrush, Portstewart, and Ballycastle

as ..holiclay resorts"; iiucl the former leny city council designated its entire council district as a

..holiday resorto,. we, are not aware of any cirallenges to these designations in the courts. As the Article

refers lo ,,any urea withinits district" the designation of an area in its district as a "holiday resort" is

entirely at the cliscretion of the council - the order does not contain any criteria in this regard, save for

the requirement to consult, and designate by resoiution'

The effect of such a resolution is to extend the Sunday trading hours.for large shops on up to 18

Sundays (other than Easter sunday) between the I't March aml the 30th September in any calendar

year. The occupier of a large shop-(i.e. a shop with more than 280 metres of retail floor space) in the

designated area can give notice to the councii specifying the sun<lays on which Article 3 of the order

is not to apply to it. Article 3 prevents such laige silopi from opening on a Sunday, save between 1

p.m. ancl 61.-., and in any event not on Easter or christmas Days.

PRINCIPAL: MELANIE ENCLISH LLB

SOLICITOR: RUTH MURDOCK LLB

E,NGLISHSO LIC ITO RS

Old Brewery Courl, 3l Regenl Slreet, Newtownords, Co. Down, BT23 4AD

Tel 028 9l 800 888 Fox 028 91 800 880 Emoil: info@mme-low.

nros6l RECEIVEDNorth DownBdough Council

2I NoV 2017

Such notice allows such large shops to extend their Sunday trading hours on the 18 Sundays referred to

above. The Council has no powers to determine on which Sundays a latge shop stays open, nor its

opening or closing times, which is up to the shop. The notice is not effective until 14 days from the

date it is given, unless the Council agrees otherwise.

The resolution takes effect on a date specified in it at least one month after it is passed, and can be

revoked by resolution, subject to the same consultation and publication process - the Council must

publish noti6 of the resolution in such manner as it considers appropriate. The Council must keep a

public register of the larger shops in its district making use of the exemption. The Council has powers

io pt.u.rit undue aottoyuttc" to local residents from deliveries to certain large stores early on Sunday

momings.

The Order repeals the Shops Act (NI) l946,to bring Northem Ireland law broadly into line with that in

England andWales relating to Sunday trading. It removes the 1946 Act's restrictions on the goods

which may be sold in shops on Sundays, and provides employment protection measures for shop

employees in relation to Sunday working.

Desisnation zonins within a town.

You seek our views on whether the Council can designate a zone within a town or village as a "holidayresort" under the Order, and whether the Council could reasonably expect to defend any challenge thatmay arise, particularly from shops that fall outside the designated area.

The Order states that"a district council may by resolution designate any arca in its district as a holidayresort". The Order does not define "holiday resort", nor does it provide any criteria for deciding whatarea may or may not be a holiday resort. Nor can we find any case law on this issue. In the absence ofany definition or criteria in the legislation, and case law on the issue, it is necessary to consider therules of statutory interpretation that a judge would use if called upon to decide this issue. A judgewould consider the intention of Parliament. It is likely that a judge would conclude that as Parliamentdid not see fit to define the term or provide criteria for determining the issue, it was parliament,sintention to leave this matter to the discretion of the district councils. Furthermore, a judge wouldconsider the ordinary meaning of the words of the Order. According to the Oxford DictiJnaries. aresort is:

A place that isfrequentedfor holidays or recreation orfor a particular purpose.

This definition does not refer to a town or village, simply a "place". The definitions in the CambridgeDictionary, the collins Dictionary, and ttre titerriam webste-r Dictionary, also refer simply to a"placeo', so it would certainly appear that part of a town or village *outO iintt within the definition,provided it is frequented for holidays. This would seem to cover an area like Bangor sea-front,although it is unlikely that it would "ou.,

the residential suburbs where the major super markets arelocated' Having said that, there has not been *y .;;ii;;g" ao o"oy city council,s designation of itsentire council district as a "holiday resort", or toihe other"two councils, designations of entire towns as"holiday resorts".

In the circumstances, the council could designate a zonewithin a town or village as a ..holiday resort,,,provided that it was "a place that is frequenied for holidays or recreation or for a particular purpose,,,and that it consulted all relevant parties,in accordance *iit, trr" order. Furthermore, the council couldreasonably expect to defend any challenge that may arise tosuch a.designation" particularly from shopsfalling outside the designated ,ne4 provided ttlat it acts legalry, rationally, and with procedural

propriety. There would not seem to be any illegality involved, as the power of the Council is contained

in the legislation. It is hard to see how a challenge based on the irrationality of such a designation

could be successful, unless the challenger was able to point to some arbitrariness in the designation.

Therefore, it would probably be best to designate an area which is already established or to be

established in any event, preferably by reference to tourism or recreation, and failing that by parish ortownland boundary. So far as procedural impropriety is concemed, it would be essential to consult

properly in accordance with the legislation to avoid any challenges. Article 6(11) states:

"Before making or revoking any designation under paragraph (9), a district council shall consultpersons appearing to the council to be likely to be affected by the proposed designation or revocation

(whether as the occupiers of shops or as local residents) or persons appearing to the council to

represent such Persons".

We understand that representative bodies such as trade unions, Chambers of Commerce, Retail NI, the

NI Independent Retail Trade Association, and the Federation of Small Businesses, have all expressed

an interest in previous consultations by other councils, including that of Belfast City Council, whichdid not lead to a designation. In addition to representatives of workers, representatives of big shops,

and representatives of small shops, churches would also have an interest, bearing in mind theirtraditional stance on Sunday Trading.

We note that the Council has already resolved to commence the process in respect of Portaferry.Generally, consultation need not begin until the Council has adopted a proposed course of action.Nonetheless, it must take place at the formative stage and not at the point where the decision is

virtually final.

Finally, Council should not only consider the prospects of success of any challenge, but the very factthat any such challenge by major retailers with the financial prowess to engage senior counsel and

issue court proceedings would involve the Council in lengthy and expensive litigation, with the

challenger picking up on any apparent failing on the part of the Council regarding the designation.

Therefore, the Council should examine in detail the impact and benefits of designating areas as

"holiday resorts", e.g. the number of shops that would be affected by the designation, and could liaisewith those councils which have designated "holiday resorts" to get the benefit of their experience.

Furthermore, should the Council decide to proceed with a designation that would exclude largeretailers and if the consultation suggested that any such large retailer would object to being excludedthen we would recommend that the Council authorise us to obtain Counsel's Opinion on the particularmatler.

We trust that this is satisfactory and are content to advise further as required.

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ITEM 6







Head of Building Control Licensing and Neighbourhood Environment


File Reference 90202

Legislation Welfare of Animals Act



Subject Result of Court Proceedings

Attachments Mr Jim Davies and Mrs Susan Davies At Newtownards Magistrates Court on 15th December 2017 Mr Jim Davies and Mrs Susan Davies both of Cuan Place, Newtownards were convicted of animal welfare offences namely Mr Davies was convicted of causing unnecessary suffering to their dog while Mrs Davies was convicted of failing to meet the dog’s needs. The West Highland white terrier dog known as “Rosie” was seized from their home by the Council’s Animal Welfare Officer after a vet had confirmed that the dog was suffering. The vet recorded that the dog had a severe and chronic skin condition which the owner admitted had not been treated for at least 6 months resulting in disease and substantial hair loss.

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Mr & Mrs Davies each received a 5-year ban from keeping any animals or having any participation in keeping or caring for animals. They were ordered to pay £250 each towards the Council’s costs of over £5,000. They were further given a conditional discharge of 2 years each with the magistrate indicating that if they stood before the court again within 2 years in breach of the Act, there would be severe consequences. The dog has since made a good recovery in the care of the Council, but her condition will need to be managed for the rest of her life. Rosie is due to be rehomed in the very near future.

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RECOMMENDATION

It is recommended that the report is noted.

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ITEM 7







Head of Building Control, Licensing and Neighbourhood Environment


File Reference FP/2017/4181/MAST/91200

Legislation The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1995.



Subject Proposed Street Naming – Manse Mews, Newtownards

Attachments A small development comprising of 5 dwellings is currently under construction on lands at 26 Manse Road, Newtownards. The developer has requested the street name Manse Mews. This is in keeping with the general neighbourhood and is accessed off Manse Road.

RECOMMENDATION It is recommended that Manse Mews be adopted and that Council accept the general name and delegate acceptance of suffixes to the Building Control service.

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ITEM 8



Council/Committee Environment




Head of Finance


File Reference FIN45

Legislation Section 5 Local Government Finance Act (NI) 2011

Section 75 Compliant Yes ☐ No ☐ Not Applicable ☒

Subject Envionment Directorate Budgetary Control Report – November 2017

Attachments - This Environment Budgetary Control Report covers the 8-month period 1 April to 30 November 2017 and is set out on page 4. The net cost of services is showing an over spend of £479,186 (4.1%). Explanation of Variance In addition, a Budgetary Control Report by Income and Expenditure for the Directorate is, also, shown on page 4 which analyses the overall adverse variance (£479,186) by expenditure (£512,556 adverse) and income (£33,370 favourable).

Environment Expenditure - £512.6k (3.6%) worse than budget to date. This adverse variance is mainly made up of the following: -

1. Waste and Cleansing Services - £444.2k adverse. a. A combined summary of the main waste stream variances is set out in

the table below.

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£’000 Commentary Landfill 443.3 4.7k tonnes more than budget Brown/Green bin waste

(122.4) 2.2k tonnes less than budget

Blue bin waste (90.6) 2.5k tonnes less than budget HRC waste

79.9

Higher tonnage than budget

Total 310.2

Overall, the main waste stream budgets are showing an adverse variance of £310.2k.

b. Payroll costs are £32.4k favourable to date.

c. Waste Collection route optimisation consultancy costs are currently showing an adverse variance of £14.3k but this will be met by a transfer from the Council’s Earmarked Fund as £30k was set aside for the revenue costs associated with this project in 2016/17. This accounting treatment means that the service is charged with the expenditure so appears over budget but there will be no impact on the Council’s overall performance as these costs will be funded by the Council’s Earmarked Fund.

d. Equipment repairs in the Waste Recycling Centres are £13.9k adverse

to date as more repairs have been required to date than expected at the WRC’s.

e. Spend on refuse bins is £57.2k higher than budget to date. There has

been high demand from householders in the legacy Ards area to change 140 litre blue bins to 240 litre blue bins. Brown bin spend is higher than budget due to high demand from householders.

f. Spend on replacement HRC skips (£19.0k) was not budgeted for in

2017/18. This will be a recurring spend so a budget has been included for 2018/19.

g. Printing costs £10.4k (recycling information) and advertising costs

£6.8k (graphics on bin lorries) are adverse to date.

2. Assets and Property Services - £69.4k adverse. a. Property Operations are £63.6k over budget to date. This is mainly due

to: - i. Payroll costs are £31.4k favourable mainly due to vacant posts

which are in the process of being filled. ii. Contractor costs are £112.0k over budget to date. There has

been repair work carried out in areas such as Ballyhalbert

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Harbour, Millisle beach Park carpark and Bangor Marina wall which were not budgeted for but needed to be done.

iii. Consultancy services for Cooke Street, Jetty and Ballywalter Harbour are £13.6k under budget to date.

b. Technical Services are £45.0k under budget to date. This is mainly due to: -

i. Payroll costs are £36.7k favourable mainly due to vacant posts which are in the process of being filled.

ii. Utility costs are £5.0k over budget to date. iii. Contractor costs are £25.7k under budget to date. This covers

areas such as statutory compliance work, refurbishments, playgrounds and statutory upgrades.

iv. Security costs at the old Bangor Leisure Centre are £6.7k over budget to date.

c. Fleet Management is £50.7k over budget to date. This is mainly due to: -

i. Payroll costs are £19.4k favourable mainly due to vacant posts which have now been filled.

ii. Vehicle maintenance costs are £52.4k over budget to date. iii. Vehicle fuel, licensing costs and protective clothing costs are

£12.0k over budget to date.

3. Building Control, Licensing & Neighbourhood Environment - £4.3k adverse. a. Payroll costs are £2.5k over budget year to date.

Income - £33.4k (1.2%) better than budget to date. This favourable variance comprises:

4. Waste & Cleansing Services - £29.5k adverse. This is mainly due to trade waste income (£24.4k) and sale of glass income (£15.1k) being worse than budget to date and income from Special Collections being £8.8k better than budget to date.

5. Assets and Property Services - £4.4k adverse. Wind turbine income is £8.0k behind target to date. Property Operations income is £3.9k better than budget to date.

6. Building Control income is £51.8k better than budget to date. 7. Property Certificate income is £10.5k better than budget to date. 8. Car Park income £10.7k worse than budget to date. 9. Fixed penalty fines are £15.0k better than budget to date.

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RECOMMENDATION It is recommended that the Committee notes this report.

Note Year to Date Actual

Year to Date Budget

Variance Annual Budget

Variance

£ £ £ £ %

Environment

200 Environment HQ 95,204 100,500 (5,296) 150,700 5.3

210 Waste and Cleansing Services 8,461,639 7,988,000 473,639 11,815,300 5.9

220 Assets and Property Services 3,557,696 3,483,900 73,796 5,464,800 2.1

230 Building Control, Licensing & Neighbour (20,253) 42,700 (62,953) 225,400 147.4

Totals 12,094,286 11,615,100 479,186 17,656,200 4.1

BUDGETARY CONTROL REPORTBy Directorate and Service

Period 8 - November 2017

Note Actual Budget Variance Actual Budget Variance£ £ £

Environment

200 Environment HQ 95,204 100,500 (5,296) - - -

210 Waste and Cleansing Services 9,402,089 8,957,900 444,189 (940,450) (969,900) 29,450

220 Assets and Property Services 3,679,990 3,610,600 69,390 (122,295) (126,700) 4,405

230 Building Control, Licensing & Neighbour 1,626,773 1,622,500 4,273 (1,647,026) (1,579,800) (67,226)

- - - - - -

Totals 14,804,056 14,291,500 512,556 (2,709,770) (2,676,400) (33,370)

BUDGETARY CONTROL REPORTBy Income and Expenditure

Period 8 - November 2017

Expenditure Income

Choose an item.

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ITEM 9


Report Classification Choose an item.





Head of Assets and Property Services


File Reference

Legislation



Subject War Memorial Refurbishment - Groomsport

Attachments Section of Minutes - December 2017 - Council Members will recall that at the meeting of the December Environment Committee a report was approved in relation to proposed refurbishment works to the War Memorials across the Borough to mark the centenary of Armistice Day 1918 (Appendix 1). At the December Council meeting it was agreed that the particular recommendation in relation to Groomsport War Memorial be brought back to the January meeting of the Environment Committee for further consideration.

RECOMMENDATION It is recommended that Committee reviews the previous recommendation in relation to refurbishment of Groomsport War Memorial, to give officers direction on how to proceed with this matter.

9. WAR MEMORIALS REFURBISHMENT PROGRAMME 2018 (FILE 65377)

(Appendix VII) PREVIOUSLY CIRCULATED: - Report dated 24 November 2017 from the Director of Environment and attaching various appendices, stating that the Centenary of the end of WW1 would be commemorated in 2018 and a report in September 2015 had proposed to carry out consultation with relevant stakeholders and bring back proposals for refurbishment/minor improvement works at each of their war memorials. Officers had had a number of consultation meetings, primarily with the British Legion but also with various community groups, particularly where the RBL did not have a branch in the area. The report highlighted the proposed works at each memorial and noted items that had been suggested within the consultations but had been omitted for various reasons. Consultees Memorial Location Consultee Comber RBL Branch Representative(s)

Bangor RBL Branch Representative(s)

Groomsport Groomsport Remembrance Committee & Groomsport Village Association

Ballywalter RBL Branch Representative(s) Millisle RBL Branch Representative(s) Newtownards RBL Branch Representative(s) Donaghadee RBL Branch Representative(s) Greyabbey Greyabbey Community Association Ballyhalbert Ballyhalbert Community Association Ballygowan Ballygowan Community Association Portavogie Portavogie Partnership Group

Other Inclusions Commemorative benches. In November, the Corporate Services Committee had considered a report in response to a Notice of Motion submitted by Councillor Martin proposing the purchase of a number of commemorative benches for local towns and villages. The report had recommended that those benches be incorporated within that project and had therefore been included in each project scope. Bronze Plaque. In order to mark the centenary and the refurbishment project, an A4 sized bronze plaque had been included at each location. A mock-up of the plaque was included in the appendix.

BALLGOWAN Proposed Scope:

To provide up lighting at the Memorial. Recessed plaques at either side of the Memorial Plaque displaying the names

that had been received. There would be extra room on the plaques in case additional names had to be added at a later stage.

Poppies to be planted in the area behind the Memorial. 2 new benches to replace existing benches in that area, 1 of those benches

would be a commemorative bench. Bitmac edge to be tidied up, pointing of flags and replacement where

necessary. Railings would be powder coated/painted. Area would be cleaned / power washed. Addition of a commemorative bronze plaque (A4 size). Addition of a new device that would hold wreaths in place.

Omissions/Reduction:

Plaques to display names was proposed in lieu of the suggested plinth. That kept the look and feel in line with the current Memorial plaque recessed into the wall.

BALLYHALBERT Proposed Scope:

Bitmac path along front of the Memorial to aid laying of wreaths. 3 benches to be replaced, 1 of those benches would be a commemorative

bench. The 2 benches at the very left-hand side were to be removed as the view was obscured.

Addition of a new device that would hold wreaths in place. Addition of a commemorative bronze plaque (A4 size) near the Memorial.

BALLYWALTER Proposed Scope: Base for a mobile flagpole to be installed. Whole area to be power washed. Soldier to be cleaned and waxed. Pointing work to be carried out where necessary. Permanent or mobile step required. Addition of a commemorative bench close to the Memorial, exact location to be

determined. Addition of a new device that would hold wreaths in place.

Addition of a commemorative bronze plaque (A4 size) near the Memorial. BANGOR Proposed Scope:

Ramp to be installed from existing bitmac path to the lower level of the Memorial

Path to be widened slightly to better accommodate the Memorial service. Hand rail down centre of main steps at front of Memorial (black iron). Whole area to be power washed. Pointing work to be carried out where necessary. Addition of a new device around the Memorial that would hold wreaths in

place. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined. COMBER Proposed Scope:

Lettering replaced where needed (recent ones were fading), clean memorial and remove rusted eyelets screws

Whole area to be power washed (Comber Square) Replace existing flag pole Addition of a new device around the Memorial that would hold wreaths in

place. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined. DONAGHADEE Proposed Scope:

Deep clean of monument. Refurbish/renew gates and railings. Pointing work to be carried out - in particular to the back of the Memorial,

Memorial and flags. Addition of a new device that would hold wreaths in place. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined.

GREYABBEY Proposed Scope:

Gates to be removed permanently and general clean up and repointing as

necessary Addition of a commemorative bench close to the Memorial, exact location to

be determined. Addition of new bench at either side of the Memorial. Poppies to be planted in the area behind the memorial Addition of a new device that would hold wreaths in place. Addition of a commemorative bronze plaque (A4 size) near the Memorial.

GROOMSPORT Proposed Scope: Benches – A total of 4 benches to be installed (8 had originally been requested),

2 of those benches would be inwards facing, 2 outwards facing, benches to be back to back. 1 of those benches would be a commemorative bench.

Monument cleaned and lettering repaired. Steps at rear to be removed, as they did not meet current regulations and there

was alternative access available. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Omissions: Widened Entrance to allow 4 men abreast colour party and soldiers to march

through. Officers had reviewed that area and felt that the width of that area would accommodate 4 men abreast. That entrance area had been altered in the works carried out in 2014. It was difficult to justify why that would be altered again after such a short period of time since the last works had been carried out.

Granite edging – costly exercise with limited benefit. Also, high risk of disturbing current asphalt surface which could incur higher costs.

Railings - that had been requested at a 2014 meeting, and NIEA (now HED) had advised that as that was a listed monument they would not accept the provision of railings.

Increase in grass area – as part of the 2014 works, the level grassed area had been increased to its present width with agreement from both GRC and GVA. It was difficult to justify why that would be altered again after such a short period of time since the last works had been carried out.

Permanent flagpole - that suggestion had subsequently been omitted by Groomsport Remembrance Committee.

The Groomsport Remembrance Committee had recently responded to the above proposals in written correspondence dated 23 November 2017. MILLISLE Proposed Scope:

Gates to be removed to open the Memorial up. Low level lighting to be added. Non-slip portable ramp to be supplied for remembrance day for gradual

access up to the memorial from the kerb. Whole area to be power washed and tidied up. Addition of a new device that would hold wreaths in place. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined. NEWTOWNARDS Proposed Scope:

Access issues to be addressed with a new walkway. Names on Memorial to be replaced/touched up where required. Whole area to be power washed. Existing flagpoles to be removed and 2 new flagpoles to be installed at new

locations. Addition of a new device that would hold wreaths in place. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined.

PORTAVOGIE Portavogie currently had a small plinth to commemorate lives lost at sea however the community had strongly felt that despite some memorial services being held there in the past, it had been insufficient as a war memorial and had requested that the money be used to fund a new, more fitting memorial elsewhere in the town. Proposed Scope:

Subject to Council approval and planning permission, a new Memorial to be located at Princess Ann Road.

Addition of a device that would hold wreaths in place around the Memorial. Provision of a flagpole. Addition of a commemorative bronze plaque (A4 size) near the Memorial. Addition of a commemorative bench close to the Memorial, exact location to

be determined. Budget A budget of £120k had been included in the 2018/19 budget based on estimates for the proposed work and in line with the initial budget estimate contained within the original report to the Council.

The above works (including a 10% contingency) total £110k, came in slightly under the initial estimate. Following a NoM submitted by Councillor Barry in March that year, the Council had agreed that any surplus budget could be used to contribute toward a new War Memorial in Conlig. However, in discussion with the Community group involved in the delivery of the new Conlig war memorial, it was apparent that the project was not at a stage where a Council contribution could be made. The location of the memorial was yet to be determined and the group had indicated that it would be seeking funding from the Heritage Lottery Fund. Officers would therefore propose to keep the Conlig project separate from that refurbishment scheme, with a further report being brought back to the Council at a more appropriate juncture. RECOMMENDED that the above works be completed in summer 2018, in time for the centenary of Armistice Day. Welcoming the report, Councillor Edmund was pleased that the memorials would be refurbished in time for the event. He was also glad that Portavogie would be getting a memorial. He acknowledged the effort that had been made to move matters forward to that stage and thanked those involved for their work. Echoing those comments, Councillor Smart believed it was appropriate and fitting tribute to those who had served. He sought clarity on the device to hold wreaths in place and queried whether it could be used to assist those who were less able to bend down to lay wreaths on the ground. The Head of Assets and Property Services advised that a mobile metal frame had been proposed that could be used and then stored away. He confirmed it could be designed to aid the laying of wreaths by less able persons who found it difficult to bend down. Concurring with previous comments, Councillor Cathcart proposed an amendment, seconded by Councillor Cummings that the recommendation be adopted and furthermore that a site meeting be arranged between officers and the Groomsport Remembrance Committee and the Groomsport Village Association to discuss the potential enhancement of the grass area. Furthermore, that the Council writes to the HED with the letter and photograph from the Groomsport Remembrance Committee detailing the history of the memorial, and asking it to review its decision to refuse permission for the placement of railings at the Memorial. AGREED. Rising in support, Councillor Barry remarked that seventeen men from Conlig had fought and yet there was no memorial there. He noted that following his NOM submitted in March that year, the Council had agreed that any surplus budget could

be used to contribute toward a new War Memorial in Conlig. He believed that priority should be given to Conlig rather than making changes to existing memorials. (Councillor Smart left the meeting at this stage – 8.18pm) The Deputy Chair referred Councillor Barry to the section of the report on Conlig and highlighted that a further report would be brought back to the Council at a more appropriate juncture. Referring to the wording on the bronze plaques, Alderman Fletcher queried whether the RBLs had been consulted. (Councillor Smart returned to the meeting at this stage – 8.19pm) In response the Head of Assets and Property Services reported that some consultation had been undertaken with the RBLs but not about the precise wording. He confirmed their they would be consulted on the final wording. Councillor Cummings mentioned that 2018 would also be the commemoration of the Edmund De Wind VC and he asked that consideration be given to that. AGREED TO RECOMMEND on the proposal of Councillor Edmund, seconded by Councillor Smart, that the recommendation be adopted.

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ITEM 10







Head of Waste and Cleansing Services


File Reference

Legislation



Subject Proformas for HRC Access Permit Scheme

Attachments Proformas Members will recall that a report was brought to the Council meeting held on 18th December, 2017 regarding the proformas to be used for the HRC Access Permit system agreed by Council in October, 2017 (Appendix 1). At the Council meeting on 18th December it was agreed that the matter should be brought back to the January Environment Committee. This new administrative arrangement is designed to facilitate the effective application and enforcement of previously approved rules on access to Household Recycling Centres using vans and large trailers. The need for it followed concern that despite the new rules introduced last year, we were still landfilling 75% more waste per head of population through our HRCs compared to the average for other NI Councils. This equates to 6000 tonnes of extra landfilled waste per year based on our HRC landfill figures for the full 2016-17 reporting year - attracting an additional annual landfill cost of almost £0.6 million (plus other handling and transport costs). The reduction in the cost of waste management that was factored into the current Council budget, was predicated to an extent upon realising a significant saving in this extra HRC landfill bill.

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The latest version of the proformas developed by officers is attached at Appendix 2, and the latest version of the Frequently Asked Questions (FAQ) sheet used in relation to the scheme is attached at Appendix 3.

RECOMMENDATION It is recommended that Council agrees to the use of the attached proformas for the administration of the approved HRC Access Permit system and that officers be approved to further adapt these documents as may be required in the future to ensure the efficient and effective implementation of the approved scheme.

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ITEM




Date of Meeting 04 October 2017



Head of Waste and Cleansing Services

Date of Report 22 September 2017

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Other ☒


Subject Household Recycling Centre Access

Attachments 1.0 Background Members may recall that Council introduced new Household Recycling Centre access restrictions for trailers and vans last summer. This followed an assessment by officers of the very significant differential between the amount of waste being handled through our Borough’s HRCs, compared to other Councils. Officers reported the fact that the facilities were being accessed excessively by vans and trailers to deposit large volumes of waste, that is potentially commercial/business in nature rather than household waste from homes in the Borough. At that time officers reported that this was having a significant impact on our budgets for waste management, as well as hindering progress in relation to our recycling and landfill diversion targets. Following agreement and implementation of the HRC access changes, an update report was brought to Council in December last year. The report noted that whilst the new restrictions appeared to be having a significantly positive impact on the amount of waste being received at the HRCs and the associated landfill burden, it was highlighted that the evidence at that time was limited by virtue of the relatively short review period. The update report also highlighted that the ‘exemptions’ that

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had been introduced as part of the new access restrictions for vans and trailers were proving challenging for staff at the sites to properly enforce, and it was agreed that the new system would remain in place “subject to any further future amendments that may be brought forward for consideration in the context of ensuring the ongoing effectiveness of the arrangements in limiting the Council’s waste disposal liabilities”. 2.0 Current Situation Officers are still content that the ‘nature’ of the new restrictions agreed by the Council is satisfactory in terms of meeting the desired objectives, however ongoing review has highlighted a need for a more effective ‘system’ for administering and enforcing these restrictions. The official data for the first quarter of the current (2017/18) reporting year shows that the recycling rate for our HRCs was very significantly lower than the average for other Councils and we landfilled 68% more HRC waste than the NI Council average. Members may recall that the reductions in the landfill budget for the current financial year were in part predicated upon sustained progress in reducing HRC landfill waste through the effective application of the new access restrictions for vans and trailers. 3.0 Proposed Van and Trailer HRC Access Permit System Research indicates that Councils across the UK are now commonly using an ‘access permit’ system to allow effective application of agreed van and trailer restrictions on use of Household Recycling Centres. The principle of all the systems that are in place revolves around a simple principle of vans and trailers not being permitted access into the sites unless they produce an ‘access permit’ at the gate, for which a householder must apply (much in the same way as they currently have to apply for a bulky waste collection from their home). The very significant advantages of this type of control system are:

It gives Council much more accurate control over who is granted access to enter our HRCs using vans and trailers – i.e. access approval is only granted to those who are authorised as per Council’s previously agreed policy.

It alleviates the burden of responsibility upon site operatives who are currently having difficulty in differentiating those who should and should not be allowed access - evidently resulting in continued abuse of our HRCs by persons who are inappropriately entering with large amounts of waste in vans and trailers, in contravention of the agreed new access arrangements. The ‘access permit’ system would involve the operatives simply asking for a permit at the gate and turning anyone away who does not produce one – without the need for any degree of debate or deliberation between site staff and van/trailer drivers.

The following measures are proposed to provide greater effect to the Council’s already agreed access restrictions for vans and trailers:

1. A one-month period of advance publicity (advertised at sites and through other usual communication channels) would be used to notify the public that vans and trailers will not be permitted into any of our HRCs unless a HRC

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Access Permit is presented – which will only be issued where the Council’s already agreed conditions of access are met.

2. HRC Access Permits for vans and trailers must be applied for by the householder in advance of a proposed visit to a HRC using a van or trailer (except single axel trailers).

3. Two types of permits will be issued, to give effect to the Council’s already agreed HRC access restrictions for vans and trailers – a Single Access Permit and a Multiuse Garden Waste Access Permit.

4. The number of Single Access Permits issued in respect of any household address will be restricted to 6 in any rolling 12 month period, to limit the potential for abuse for commercial waste disposal purposes.

5. The householder will have to complete a simple application form which includes:

a. The householders name and home address, which must be within the Borough.

b. The vehicle registration number of the van (or in the case of a trailer, the vehicle that will be towing the trailer).

c. Confirmation that the waste intended to be disposed of is household waste from this address (or in the case of organic, compostable garden waste that is to be conveyed in a trailer, that this has arisen from domestic properties within the Borough).

d. A list of items to be deposited at the HRC (in the same way that anyone applying for a bulky waste collection from their home must list the items being disposed of).

e. Designation of which HRC is to be visited and the date (date will only be required for Single Use Permits). The permit application must be received by Council at least 3 days prior to the proposed visit date, to allow site staff at the relevant sites to be advised and prepared.

f. A form of proof of domestic residency at the address provided must be supplied by the householder at the time of application.

6. The householder will be issued with a single use HRC Access Permit (except for trailers containing only organic, compostable garden waste where a multi-use permit will be issued), that must be presented to the site operative at the entrance. The operative will verify that the registration details on the permit match those of the vehicle seeking access and provide direction on recycling/disposal of the items listed on the permit. An attendant will verify that the items brought onto the site match those listed on the permit and that they are placed in the proper containers (for recycling etc.)

7. Multi-Use Garden Waste Access Permits (valid for 12 months) will be issued where the application relates to a trailer that is being used solely for compostable organic garden waste; this will be retained by the holder and shown to the site operative at the entrance on each visit.

8. Where the HRC Access Permit is deemed invalid by the site operative (e.g. it has been tampered with or the vehicle registration details do not match those specified on the permit), the person will be refused entry. Details will be recorded of such occurrences and this may be used as grounds for refusing a future application for a HRC Access Permit.

9. The HRC Access Permit only allows access onto the HRC designated on the permit; it does not automatically give a householder the right to deposit waste as this will be subject to the normal site licence conditions, waste acceptance

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criteria, any requirements for recycling of particular materials and any reasonable directions by site staff in regard to such issues.

10. Any abuse of the HRC Access Permit system by any applicant may be used as grounds for refusal to approve future applications (and in the case of a Multi-Use Garden Waste Access Permit, may lead to the permit being revoked).

RECOMMENDATION It is recommended that approval is granted for the introduction of the above permit system to support the effective administration of the Council’s agreed restrictions on access by vans and trailers to the Borough’s HRCs.

Application for a SINGLE ACCESS PERMIT to Bring a VAN OR TRAILER

into a Council Household Recycling Centre

IMPORTANT: SEE NOTES OVERLEAF

Name of Applicant: __________________________ Address: _________________________________________

(PRINT) __________________________ __________________________________________

__________________________________________

Email Address: ______________________________ Telephone Number: ________________________________

Type of proof of Residential Occupancy in Ards and North Down Borough supplied with this form (specify – name

and address must match the applicant’s name and address): ______________________________________________

Which Household Recycling Centre do you wish to use? _________________________________________________

Please specify*: Model ________________________ Colour ____________________ Reg. No. __________________

*(If towing a trailer, details of the vehicle used to tow it)

Is this your van or a van hired for use by you? Y/N (See Note 5)

On What Date Do You Wish to Visit the Centre? __________________________________________

(Must be at least 3 working days from date of application)

List the Items That You Intend to Bring:

(The permit will specify which of these must be placed in recycling skips/containers)

1 7

2 8

3 9

4 10

5 11

6 12

Declaration: I hereby certify that I am the person detailed above and the information contained in this application

is correct. I understand that any misuse of the access permit system may lead to my exclusion from future use of

Council Household Recycling Centres.

Signature: ___________________________________________

Date: _______________________________________________

Office Use Only

Permit No. Issued: _____________

IMPORTANT NOTES

1. Only a resident of Ards and North Down Borough Council will be granted a permit to access a Household

Recycling Centre in a van or towing a trailer.

2. An access permit is required for access in any type of van or towing a trailer larger than single-axle.

3. An access permit is NOT required for a car (including MPVs and 4x4s) or single axle trailer.

4. An access permit will only be issued for the disposal of household waste items and NOT commercial or

industrial waste.

5. An access permit CANNOT be used by a building contractor, tradesman or other third party to transport

waste from works of repair, improvement or demolition generated in the course of their commercial

services. This is classified as industrial waste and must be disposed of by your contractor at an appropriately

licensed private waste disposal site or through the use of a licensed skip hire company. Furthermore, such

waste transported by a third party cannot be carried on foot into the HRCs.

6. An access permit will only be valid to enter the nominated Household Recycling Centre on the specified date,

using the specified vehicle and for the disposal of the household waste items listed on the permit. A permit

must be obtained for EACH visit; a maximum of 6 permits will be granted in respect of each residential

address in any 12-month period.

7. Applications must be received by Council at least 3 working days before the intended date of visit to the

specified Household Recycling Centre.

8. ALL applications must be accompanied by an original document showing proof of residential status of the

applicant in the Ards and North Down Borough, e.g. a utility bill, bank statement, driving licence or

passport.

9. This application can be submitted by post or in person. For postal applications, the permit and original I.D.

document will be returned by post to the address specified on the application. For applications in person,

the permit will be issued there and then.

10. Any abuse of the Household Access Permit system whatsoever will lead to denial of future use of the sites.

11. Postal applications should be sent to:

Environmental Resource Centre, 15A Balloo Drive, Bangor BT19 7QY

12. Applications in person can be made at:

Environmental Resource Centre, 15A Balloo Drive, Bangor BT19 7QY, (Monday – Thursday 9am - 4pm & Friday 9am-3pm)

North Road Depot, 151 Quarry Heights, North Road, Newtownards BT23 7SZ (Monday – Thursday 9am - 4pm & Friday 9am-3pm)

13. The Council’s Waste & Cleansing Section takes your right to personal privacy seriously. Personal information

you supply will be used only for all purposes of relating to the management and implementation of the

waste permit system at Council Household Recycling Centres. This information is gathered in accordance

with Duty of Care Regulations and will not be shared with any third party/parties. If you wish to request your

personal information or have a data protection query, please put your request in writing, stating clearly your

name and your query to: Compliance Officer (Information) Ards and North Down Borough Council, Town

Hall, The Castle, Bangor, BT20 4BT, Email: [email protected] Tel: 0330 013 3333.

mailto:[email protected]

Page 1 of 5

NEW PERMIT SYSTEM FOR HOUSEHOLDER ACCESS

TO HOUSEHOLD RECYCLING CENTRES (HRCs) USING VANS AND LARGE TRAILERS

EFFECTIVE FROM

15th JANUARY 2018

FREQUENTLY ASKED QUESTIONS

1. What’s Changing?

Access into the Borough’s HRCs using vans and larger trailers (larger than single axle) will no

longer be allowed without presenting an Access Permit.

2. Why is This Change Being Introduced?

Although the Council introduced new rules last summer in a bid to ensure that free use of

our HRCs was restricted to householders from the Borough for disposing of and recycling

household waste items, more effective measures are required to enforce these rules at the

HRC sites. Householders are continuing to bear the financial burden of

business/commercial waste being brought into our HRCs in breach of the rules, and it is

estimated that this is continuing to cost an extra £0.5 million per year.

3. Who Is Affected?

Only a person trying to access the Borough’s HRCs in a van or towing a trailer (larger than

single axle) will require a HRC Access Permit. Householders entering HRCs in a car or car

towing a single axle trailer do not require a permit.

Permits will only be issued to householders in the Borough seeking to use a van or larger

trailer to bring household waste items from their home to a HRC for disposal/recycling.

4. Is There a Charge for a Permit?

No; HRC Access Permits are free of charge.

5. What Type of Permits Are Issued?

There are two types of HRC Access Permit issued:

a. A Multi-Use Access Permit. This will only be issued for the transport of compostable

garden waste into a HRC using an open larger trailer (larger than single axle). It

cannot be used in any other circumstances. A Multi-Use Access Permit will be valid

for unlimited multi-use access to the designated HRC with household compostable

garden waste, over a 12-month period from the date of issue (after which a new

permit must be applied for).

b. A Single-Use Access Permit. This will be issued in all other circumstances for

householder access to a HRC using a van or larger trailer. A Single Use Access Permit

can only be used on one occasion, on the date requested on the application form.

Page 2 of 5

6. How Do I Get A HRC Access Permit

You must apply at least 3 working days before the date on which you intend to visit

the HRC.

The application form is available on the Council’s web site or at either of the

following two locations (opening hours Mon – Thur, 9am to 4pm & Fri, 9am – 3pm):

o Environmental Resource Centre, 15A Balloo Drive, Bangor BT19 7QY

o North Road Depot, Quarry Heights, North Road, Newtownards BT23 7SZ

The householder requesting a permit must complete and sign the declaration on the

application form and return it along with an original document showing proof of

residential status within the Ards and North Down Borough (see attached list of

acceptable documents).

The application form and Address ID can be submitted in either of two ways:

o Posted to: The Environmental Resource Centre, 15A Balloo Drive, Bangor

BT19 7QY (remember that your application must be received at least 3

working days before you intend to visit the HRC). Your Access Permit and

Address ID document will be posted back to your residential address.

o Handed in person to: The Environmental Resource Centre, 15A Balloo Drive,

Bangor BT19 7QY OR North Road Depot, Quarry Heights, North Road,

Newtownards BT23 7SZ. Your Access Permit will be issued there and then

but will only be issued for dates 3 working days after application.

7. How Many Permits Can I Get?

Up to six HRC Single Access Permits will be issued in respect of any individual

residential address in the Borough during any 12-month period. Each permit will

only be valid for a single entry using a van or larger trailer; where disposal of

household waste items requires more than one visit, then additional Single Access

Permits must be applied for and each one will count towards the total 12-month

allowance of 6 permits for that address.

Only one HRC Multi-Access Permit per site (only for access with compostable garden

waste in an open larger trailer), will be issued for any residential address in the

Borough; this will last for 12 months from the date of issue, after which a new permit

must be applied for. If you use more than one site, a permit is required for each site.

8. How Do I Use a HRC Single Use Access Permit?

The permit must be presented to the site attendant at the entrance to the HRC and

on the date that is specified on the permit (the HRC location and date will be those

which you have requested on your application form).

The site attendant will verify the details on the permit (specified HRC location, date

of permitted entry and vehicle registration/description) and take the permit from

you for our records, before allowing entry to dispose of/recycle your household

waste items.

Page 3 of 5

The site staff will check that the items you offload on site match those specified on

your permit and that you are placing these in the correct skips for recycling where

possible (the method of disposal will be listed on your permit, i.e. landfill skips or

recycling skips). Over 80% of all household waste coming into our Household

Recycling Centres is recyclable if placed in the correct skip container; you should

therefore prepare to recycle the majority of items you bring.

9. How Do I Use a HRC Multi-Use Access Permit?

The permit must be presented on every visit occasion to the site attendant at the

entrance to the HRC that is specified on the permit.

The site attendant will verify the details on the permit (specified HRC location and

vehicle registration/description). The permit will be handed back to you for safe

retention and re-presentation on the occasion of each visit.

The site attendant will check that you are only transporting compostable garden

waste into the HRC in an open trailer and no other waste type. If a van is being

used to tow the trailer, he will check that you do not under any circumstances

open the van whilst on site or unload any other waste from the van itself. (If you

wish to transport any waste into a HRC in a van, you must apply for a HRC Single

Use Access Permit to do so).

10. Can Someone Else Use My HRC Access Permit?

You can give your HRC Access Permit to someone else to access a HRC, but only to

dispose of your household waste items.

However, you should exercise extreme care if you are planning to do this as it is

your responsibility to ensure that another person is handling and disposing of your

household waste in accordance with legal requirements, and in compliance with the

Council’s rules on use of HRC Access Permits.

Your permit cannot be used by a building contractor, tradesman or other third party

to transport waste from works of demolition, improvement, repair or alteration,

generated in the course of their services - even if you accompany them to the HRC.

This is classified as industrial waste (not household waste) and must be disposed of

by your contractor at an appropriately licensed private waste disposal site or

through the use of a licensed skip hire company. Such waste transported by a third

party cannot be carried on foot into the HRCs.

Breach of waste disposal law or misuse of a HRC Access Permit that has been issued

to you, could lead to you being prosecuted and/or being prohibited from future

access to Council’s HRCs.

Remember that the Council offers a collection service for bulky household waste

items, at a very modest cost of £15 for up to 6 items (see below on how to find out

more).

Page 4 of 5

11. How Must I Itemise My Household Waste on the Single Access Permit Application

Form?

To facilitate the recycling process when you come into the HRC, you must list on the

application form the items/types of items that you are applying to bring into the

HRC.

The items you list will be specified on your permit as items which must be placed in

recycling skips/containers at the HRCs and those that go into the landfill skips.

You can group the same types of items together, but please give a number or

approximate number of such similar items.

Not acceptable – it will not for example be acceptable to describe your household

waste on the application as “a van load/trailer load of mixed landfill waste”, or “30

black bags of general waste”. Rather, waste ‘types’ must be clearly separated out to

assist with determination of the best disposal option on site, and which

skip/container it should be placed in to maximise recycling.

Acceptable – it will be acceptable to describe your household waste on the

application as “wooden chairs X 6”, or “rolls of carpet X 3”, or “cupboard doors x 10”

11. I use a commercial gardener who will be taking my garden waste to the HRC, who applies for the permit?

As long as your gardener is resident in the Borough it is the gardener that applies for the multi-use permit to bring organic waste only into the sites in an open trailer. If the gardener uses more than one site, a permit is required for each site.

12. What Happens If I Break the Rules On Use of an HRC Access Permit?

If you break the rules around the use of a HRC Access Permit your future entry to the

Council’s HRCs may be prohibited.

13. What type of Proof of Address documents are accepted?

All documents must be originals, photocopies will not be accepted.

Household utility bill (eg gas, electric, water or fixed line telephone but not a mobile

phone bill). It must be no more than three months old and show your name and

current address

Utility bill from an EEA-based utility provider (less than 3 months old)

Current UK driving license (but only if not used for the name evidence)

Old style driving licence. Provisional licences are not acceptable as proof of address

Page 5 of 5

Bank, building society or credit card statement. It must be no more than three

months old and show your name and current address

Statement from an EEA-based bank (less than 3 months old)

Rates bill valid for the current year

Rent book

Original mortgage statement from a recognised lender issued for the last full year

Solicitor’s letter confirming recent house purchase or land registry confirmation (in

this case, proof of previous address will also be needed)

HM Revenue & Customs (Inland Revenue) tax document e.g. tax assessment,

statement of account, notice of coding. It must contain your full name and current

address. P45s and P60s are not acceptable

Original notification letter from the relevant benefits agency confirming the right to

benefits or state pension

Northern Ireland Voter’s Card showing your current address

Electoral Register entry

14. How can I get more information or advice? You can do so by one of the following means:

Visit the Council webpage: www.ardsandnorthdown.gov.uk/resident//bins-and-recycling/recycling-centres http://www.ardsandnorthdown.gov.uk/resident/bins-and-recycling/special-collections

Email us at: [email protected]

Call us on 03000133333 – select option 3 ‘recycling.’

http://www.ardsandnorthdown.gov.uk/resident/bins-and-recycling/recycling-centres

http://www.ardsandnorthdown.gov.uk/resident/bins-and-recycling/special-collections

http://www.ardsandnorthdown.gov.uk/resident/bins-and-recycling/special-collections

mailto:[email protected]

Documents

ARDS AND NORTH DOWN BOROUGH COUNCIL · Customer Satisfaction Surveys Following completion of a service request an after use customer satisfaction survey is issued, of which 41 have