ERD/S2/04/15/M

 
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ENVIRONMENT AND RURAL DEVELOPMENT COMMITTEE

MINUTES

15th Meeting, 2004 (Session 2)

Wednesday 9 June 2004

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Present:

Sarah Boyack (Convener)

Karen Gillon

Maureen Macmillan

Nora Radcliffe

Rob Gibson

Alex Johnstone

Mr Alasdair Morrison

Eleanor Scott (Deputy Convener)

Apologies: Roseanna Cunningham .

Also Present: Susan Deacon

The meeting opened at 10.03 am .

1. Petitions: The Committee took evidence from Allan Wilson MSP, Deputy Minister for Environment and Rural Development, and Mrs Mary Mulligan MSP, Deputy Minister for Communities, in relation to petitions PE517 and PE645 on the control of odours from waste water treatment works.

Following this evidence, the Committee noted that-

- The appeal lodged in the House of Lords by Thames Water has been withdrawn, with the result that previous court decisions on the applicability of the statutory nuisance regime to waste water treatment plants stand;

- A draft code of practice on the control of odours from waste water treatment plants will be published for consultation in September, and the Deputy Minister for Environment and Rural Development has indicated that he wishes to see this code receive statutory underpinning;

- Consultation on the Quality and Standards III process will commence in July;

- Research currently being undertaken on the better integration of environmental and planning regulations will be published over the summer; and

- The Deputy Minister for Communities will write to the Committee clarifying issues raised in evidence and, in particular, the application of rules on minimum distances between residential premises and developments such as open cast mines, landfill sites and waste water treatment plants.

The Committee agreed to-

- Write to the First Minister recommending that the Cabinet Sub-Committee on Legislation should urgently consider the need for simplification and strengthening of the current legislation governing odour nuisance;

- Consider the draft code of practice and the consultation on Quality and Standards III after the summer recess;

- Write to Edinburgh City Council seeking their views on the issues that have arisen in relation to the Seafield waste water treatment plant;

- Write to COSLA and SEPA seeking their views on the matters raised in evidence and, in particular, the measurement and enforcement of odour nuisance;

- Write to Scottish Water seeking its views on the matters raised in evidence, together with an update on the work in progress in relation to the Seafield waste water treatment plant;

- Write to the petitioners seeking any further views from them; and to

- Seek further information on research being carried out on the measurement of odour nuisance.

The Committee agreed to consider the petitions again once the information referred to above is received.

2. Subordinate legislation: The Committee considered the following negative instruments-

Framework Guidance on Preparing a National Park Plan, (SE/2004/98); and

the Horticultural Produce (Community Grading Rules) ( Scotland ) Revocation Regulations 2004, (SSI/2004/245).

The Committee agreed, being content with the instruments, to make no recommendation to the Parliament.

The meeting closed at 11.40 am .

 

Tracey Hawe

Clerk to the Committee