Development Committee 17 May 2006
From Nigov
Development Committee Wednesday, 17th May, 2006
MEETING OF DEVELOPMENT COMMITTEE
Members present
Councillor McCausland (Chairman); the Deputy Lord Mayor (Councillor Convery); the High Sheriff (Councillor Humphrey); and Councillors M. Browne, Crozier, D. Dodds, Ekin, Hartley, Kelly, Long, A. Maskey, P. Maskey, McCarthy, Newton, Ní Chuilín, Smyth and Stoker.
In attendance
- Ms. M. T. McGivern (Director of Development)
- Ms. S. McCay (Head of Economic Initiatives)
- Mrs. S. McNicholl (Head of Urban Development)
- Mr. N. Malcolm (Committee Administrator)
Minutes
The minutes of the meetings of 29th March and 6th and 24th April were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 2nd May, subject to the omission of that portion of the minute of 24th April under the heading "Gasworks Estates: Safety at the Water Feature" relating to the removal of the water feature which, at the request of Councillor Ekin, had been taken back for further consideration.
Judicial Reviews
(Mr. C. Quigley, Director of Legal Services, and Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)
Factotum
The Principal Solicitor reminded the Committee that in 2004 two editions of "The Vacuum" magazine had been published by an arts organisation known as Factotum, which had received grant assistance from the Council. The two editions contained material which was considered to be offensive since it used foul and obscene language, mocked specific church groups and displayed images which were inappropriate. The Council did not wish to be seen to be associated with the publication of the material in question since it was contrary to the Council's Good Relations Strategy. Consequently, the Council had agreed not to provide further funding to the Factotum organisation until an apology had been received from them for any offence which might have been caused to Members of the Council and the citizens of the City. As a result of this decision, the editor of "The Vacuum" made an application for a Judicial Review of the Council's decision alleging that the decision was an act of censorship and was contrary to the Human Rights Act 1998 and, in particular, his rights to freedom of expression and to hold and manifest his religion.
The Principal Solicitor informed the Committee that the application for a Judicial Review had been dismissed earlier in the month. The Judge had found that the Council's decision did not interfere with the applicant's rights and that it was within the range of proportionate responses open to a local authority in Northern Ireland presented with a publication which chose to link religious language with four letter words and religious images with sexual images. The Judge had contrasted the constructive approach of the Council, which had attempted to reach a compromise, with that of the applicant who had been unwilling to engage in any such process.
The Director of Legal Services stated that the result of the Judicial Review vindicated the Council's decision and underscored the extent of the discretion which it had with regard to the funding of the Arts in Belfast.
The Committee expressed its satisfaction with the result of the Judicial Review and thanked the Director of Legal Services and his staff for the work which they had undertaken in connection with the case.
Planning Application in connection with the John Lewis Development at Sprucefield
The Principal Solicitor reminded the Members that the Council, together with a number of other interested parties, had lobbied against the planning application to develop a John Lewis Department Store and twenty-nine other retail units at Sprucefield, near Lisburn. The Council had been concerned that the proposed development, which was contrary to the prevailing planning policy, had the potential to harm Belfast City Centre and the role of Belfast as the regional driver for the economy of Northern Ireland. Despite the objections made and contrary to the advice of planning officials, Lord Rooker, the then Minister with responsibility for Planning, issued on 1st June, 2005 notice of intention to grant planning permission for the development, claiming that the social and economic advantages outweighed other considerations. Subsequently, the Council, together with other interested parties, applied for a Judicial Review of the decision. As a result of the Review, the Judge had quashed the notice of intention and subsequent planning permission.
During discussion in the matter and in answer to a Member's question, the Principal Solicitor indicated that it was likely that a further planning application would be submitted in connection with the scheme for the John Lewis Department Store and twenty-nine other retail units at Sprucefield. However, it was probable that the Planning Policy Statement in connection with retailing would be published before the new application was made. The Director of Development stated that the Council would be meeting with the various organisations which had brought the Judicial Review to discuss such issues as out-of-town shopping centres, the Department for Social Development's comments regarding the amount of retail space which was required for Belfast and the adverse effect which the planning application at Sprucefield would have on a number of city and town centres.
The Committee congratulated the Director of Legal Services and his staff on the work which they had undertaken in connection with this Judicial Review and expressed satisfaction with the result.
Gasworks Estate: Safety at the Water Feature
The Committee considered further the undernoted portion of the minute of 24th April under the heading "Gasworks Estate: Safety at the Water Feature" relating to the removal of the water feature.
Councillor Ekin, who had requested that the matter be taken back, expressed the view that other European cities were creating water features and saw them as an asset to their city environment. He therefore believed that the Council should retain the water feature at the Gasworks whilst at the same time undertaking some changes to its design which would make it less dangerous.
The Director of Development informed the Committee that officers of the Council were examining options which would involve the retention of the water feature but which would result in the depth of the water being reduced and that a report regarding the various options available would be submitted to a future meeting.
In view of the comments of the Director, the Committee agreed to defer consideration of the matter until it had an opportunity to consider the options report.
Arts Sub-Committee
The minutes of the meeting of the Arts Sub-Committee of 3rd May were approved and adopted.
Economic Development Sub-Committee
The Committee approved and adopted the minutes of the meeting of the Economic Development Sub-Committee of 3rd May.
Tourism and Promotion of Belfast Sub-Committee
Resolved - That the minutes of the proceedings of the Tourism and Promotion of Belfast Sub-Committee of 10th May be approved and adopted.
Northern Ireland Tourist Board - Culture and Heritage Tourism Action Plan
The Head of Economic Initiatives informed the Members that the Tourism and Promotion of Belfast Sub-Committee, at its meeting on 10th May, had expressed concern in relation to a response which had been prepared by officers from the Tourism Unit regarding the Northern Ireland Tourist Board's Culture and Heritage Tourism Action Plan. Consequently, the Sub-Committee had agreed that the principal Committee consider a revised response document which addressed the Members' concerns and that the Committee should agree:
(i) that a letter be sent to the Minister with responsibility for Enterprise, Trade and Investment, expressing the Committee's concern at the lack of co-operation which the Northern Ireland Tourist Board afforded the Council; and
(ii) that a statement be issued on behalf of the Committee which reflected its dissatisfaction in the matter.
The Head of Economic Initiatives reminded the Committee that a copy of the amended response had been circulated to them and that further copies were available upon request. She informed the Committee that the concerns referred to in the response included:
(i) the lack of consultation with the Council during the preparation of the Culture and Heritage Tourism Action Plan;
(ii) the Plan made no reference to the Council's Culture and Tourism Strategy Action Plan, which was considered to be an example of best practice;
(iii) the Plan did not acknowledge the excellent and innovative Cultural Tourism initiatives organised by the Council. In addition, many of the objectives in the Action Plan were already being implemented by the Council;
(iv) there was no recognition of the role which the Council had played in developing and marketing the Cultural Tourism product;
(v) the Plan made no reference to the impact which the Review of Public Administration would have. Rather, it indicated that Culture and Heritage Tourism would be delivered through Regional Tourism Partnerships; and
(vi) the Plan indicated that new groups would be created and officers appointed to undertake additional cultural and heritage events. However, much of the cultural activity mentioned was already taking place and existing staff did not have the time to develop new programmes because of limited resources. This would result in numerous under-funded organisations programming similar events and achieving minimum exposure.
Moved by Councillor Maskey, Seconded by Councillor Ní Chuilín,
That the Council's response to the Northern Ireland Tourist Board's Culture and Heritage Tourism Action Plan be amended to include the promotion of the Gaeltact Quarter of the City.
Amendment
Moved by Councillor Long, Seconded by Councillor Ekin,
That the draft response to the Action Plan as submitted be approved.
On a vote by show of hands seven Members voted for the amendment and eight against and it was accordingly declared lost.
Further Amendment
Moved by Councillor D. Dodds, Seconded by the High Sheriff (Councillor Humphrey),
That the Council's response to the Northern Ireland Tourist Board's Culture and Heritage Tourism Action Plan be adopted, subject to the inclusion of a request that both the promotion of the Gaeltact Quarter and the Orange Order's parades on 12th July be included within the Action Plan.
On a vote by show of hands fourteen Members voted for the amendment and two against and it was accordingly declared carried.
The amendment was thereupon put to the meeting as the substantive motion when fourteen Members voted in favour and two against and it was accordingly declared carried.
After further discussion, the Committee agreed also:
(i) that a letter be sent to the Minister with responsibility for Enterprise, Trade and Investment expressing its concern at the lack of co-operation which the Northern Ireland Tourist Board had afforded the Council; and
(i) that a statement be issued on behalf of the Committee which reflected its dissatisfaction in the matter.
Tender for Web-based Neighbourhood Information System
The Committee considered the undernoted report.
After further discussion, the Committee agreed that a tendering process be instigated in connection with the provision of a Community Information Software System, at a cost not to exceed £50,000.
European Unit Progress Report
Position of Cypriot Honorary Consul
The Director of Development informed the Committee that the Council had been requested to host at Stormont on 25th May a reception to mark the appointment of Mr. Nick Lestas to the position of Cypriot Honorary Consul for Northern Ireland. She reported that the reception would cost approximately £500.
After discussion, the Committee agreed to host the reception at an estimated cost of £500 and authorised the attendance of the Chairman and the Deputy Chairman at the function.
European Mayors' and Leaders' Forum
The Director reported that, on behalf of the Eurocities Network, the Government would be hosting in London on 29th and 30th June a European Mayors' and Leaders' Forum entitled "Leading Sustainable Cities". The Council had been invited to be represented at the Forum by the Lord Mayor or the Councillor who was responsible for leading European affairs, together with an appropriate officer.
She stated that the event would enable the delegates to exchange experiences and ideas and to discuss the building of sustainable cities in conjunction with the European Institutions. Given the enhanced powers and roles which the Council would obtain as a result of the Review of Public Administration and the role of Belfast as the economic driver for the region, she recommended that the Chairman of the Development Committee, together with the Europe Manager, attend the Forum.
During discussion in the matter, a Member expressed the view that, since the invitation had been issued to the Lord Mayor, he, rather than the Chairman of the Committee, should represent the Council at the Forum.
In response, the Director of Development indicated that, previously, the Lord Mayor had forwarded to the Chairman of the Development Committee invitations to attend Eurocities events. Another Member made the point that, on previous occasions, the Chairman of the Development Committee had led on European and Eurocities issues.
Following further discussion and a vote by show of hands, four Members voted in favour of the Chairman of the Development Committee attending the Forum and ten Members voted in favour of the Lord Mayor attending. In addition, the Committee agreed that the European Manager accompany the Lord Mayor to the European Mayors' and Leaders' Forum and authorised the payment of the appropriate attendance and subsistence allowances in connection therewith.
Proposed Payment to Arc21
The Committee considered the undernoted report.
The Committee adopted the recommendation contained within the foregoing report.
Celebrate Belfast Update - Progress Report
The Committee considered a report regarding the programme of events involved in Celebrate Belfast. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Head of Economic Initiatives drew the Committee's attention to various aspects of the report and, in answer to a Member's question regarding the New Year's Eve outdoor concert, indicated that Customs House Square could hold approximately 5,000 persons, whilst in the region of 15,000 could be accommodated at the front of the City Hall. She indicated that the number of persons attending the event would be dependent upon the popularity of the artists who would be performing.
During discussion in the matter, several Members pointed out that previous events held on New Year's Eve had been poorly attended and that, in the event of inclement weather, an alternative location for the event had been the Ulster Hall. Accordingly, it was suggested that the New Year's Eve concert be held in Customs House Square, since it was better suited to a smaller audience.
After further discussion, the Committee agreed that the officers from the Development Department undertake further work regarding the New Year's Eve concert, particularly in regard to the artists who would be performing, and submit a further report to a future meeting regarding the venue for the event.
In connection with the Coaching Master Classes, a Member suggested that they should be made available to persons other than athletes. The Head of Economic Initiatives undertook to ensure that any member of the public who so wished could attend the Coaching Master Classes.
After further discussion, the Committee adopted the recommendations contained within the foregoing report, subject to the Coaching Master Classes being made available to anyone who wished to attend and the deferral of the final decision on the location for the New Year's Eve concert pending the submission of a further report thereon.
Christmas Continental Market 2005
The Director of Development informed the Committee that approximately 350,000 persons had visited the Continental Market which had been held at the front of the City Hall in November and December 2005. The Market had resulted in a 30% increase in footfall within the prime retail area of the City compared to the same period in 2004 and the event had attracted favourable press coverage. However, a number of traders in the Fountain Street area had requested that the Committee meet with them to discuss concerns they had had regarding the Market.
Following discussion in the matter, during which the Director indicated that the organisers had been requested to ensure that in 2006 the traders at the Market include a better selection of hand-crafted goods which were appropriate to that time of year, the Committee agreed that an All-Party deputation should meet with the traders from the Fountain Street area to discuss their concerns regarding the Christmas Market.
Belfast City Council's Response to Future European Structural Funds Programme for Northern Ireland Document 2007 to 2013
The Committee considered a report regarding the Council's response to the future European Structural Funds Programme for Northern Ireland Document 2007 to 2013. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
During discussion in the matter, a Member pointed out that the draft response did not contain the correct names of certain wards within the City and he requested that this be corrected prior to the response being forwarded. The Director undertook to amend the document accordingly.
After further discussion, the Committee agreed that the Council's response to the National Strategy and Reference Framework document, as amended, a copy of which was available to Members on request, be forwarded to the Department of Finance and Personnel and Department of Trade and Industry in London and agreed also that the Director submit a further report regarding a possible Urban-type Programme for South and East Belfast to a future meeting.
Urban Alchemy Conference - Request for Hospitality
The Committee was advised that the Council, together with the Royal Society of Ulster Architects and the Arts Council of Northern Ireland, was hosting at the Waterfront Hall in September a Conference entitled "Urban Alchemy". The theme of the Conference would be devoted to sharing new ideas in creating a greater understanding of the power which architecture and art held in shaping and re-energising the environment.
The Director of Development recommended that the Committee host a reception and dinner in the City Hall to mark the occasion at a cost not to exceed £7,000.
The Committee adopted the recommendation.
Chairman
