Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers Council 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Limavady 0 0 0 0 0 0 0 0 0 0 Lisburn 0 0 0 0 0 0 0 0 0 0 Magherafelt 0 0 0 0 0 0 0 0 0 0 Moyle 0 0 0 0 0 0 0 0 0 0 Newry & Mourne 0 0 0 0 0 0 0 0 0 0 Newtownabbey 0 0 0 0 0 0 0 0 0 0 North Down 0 0 0 0 0 0 0 0 0 0 Omagh 0 0 0 0 0 0 0 0 0 0 Strabane 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 2 1 0 1 * Records not held – 6 year retention policy # Information not received on time I have asked officials to seek more details on these matters from the relevant councils, as the information clearly requires further interrogation. Craigavon and Castelreagh Councils will be advised to respond within 10 days of the AQ being released. Beach Safety By-Laws Mr Beggs asked the Minister of the Environment whether the by-laws, prepared by Larne Borough Council, to improve beach safety by regulating the use of seaside pleasure boats, such as jet skis, at designated bathing water beaches have been confirmed by his Department. (AQW 13204/11-15) Mr Attwood: The Department has not received an application from Larne Borough Council regarding proposed bye-laws to regulate the use of seaside pleasure boats at designated bathing water beaches. Halting the Development of the Golf Resort at Runkerry Mr Agnew asked the Minister of the Environment whether he has sought legal advice as to the possible consequences of halting the development of the golf resort at Runkerry to allow the United Nations Educational, Scientific and Cultural Organization to assess the possible impact of the development. (AQW 13210/11-15) Mr Attwood: The member will appreciate that my planning decision is before the High Court by way of Judicial Review. The case is listed for hearing on 27 November for 4 days. The member will appreciate that I am therefore constrained in what I can say, save that I am satisfied and content with the decision and the process around the decision. Applications by Financial Institutions to Remove an Occupancy Restriction Mr Anderson asked the Minister of the Environment, for each of the last two years, to detail (i) how many applications have been made by financial institutions to remove an occupancy restriction; and (ii) how many were (a) approved; and (b) declined, broken down by divisional planning office. (AQW 13213/11-15) Mr Attwood: Policy CTY6 (Personal and Domestic Circumstances) of Planning Policy Statement 21 Sustainable Development in the Countryside allows for a dwelling to be permitted in the countryside WA 536
Friday 20 July 2012 Written Answers for the long term needs of an applicant, where there are compelling and site specific reasons for this related to the applicant’s personal or domestic circumstances. All permissions granted under Policy CTY 6 will be subject to a condition restricting the occupation of the dwelling to a named individual and their dependents. Policy CTY 7 (Dwellings for Non-Agricultural Business Enterprises) of Planning Policy Statement 21 states that planning permission will be granted for a dwelling in connection with an established nonagricultural business enterprise where a site specific need can be clearly demonstrated that makes it essential for one of the firm’s employees to live at the site of their work. Planning permission granted under Policy CTY7 will also be subject to a condition restricting occupation of the dwelling for the use of the business. Article 28 of the 1991 Order provides for an application to develop land without compliance with conditions previously attached to a planning permission. The Department does not have any records of a financial institution having submitted a planning application, in any of the Area Planning Offices, under Article 28 in each of the last two years to have a condition removed from a previous planning approval. Table 1 shows the total number of planning applications approved for the removal of a planning condition under Article 28 in each of the last two years. These totals include applications for the removal of an occupancy condition. TABLE 1: ARTICLE 28 APPROVALS IN EACH OF THE LAST 2 yEARS year WA 537 Total No. of Article 28 Applications Approved by DOE Planning 2010/2011 222 2011/2012* 132 * The year 2011/2012 provides data up until 31 December 2011 I recognise that there are a number of cases where a personal occupancy condition has given rise to difficulties in securing a mortgage. I am looking at this issue and have asked to meet with the banks to identify how this impediment can be eased. Deterring People from Dropping Litter Mr Elliott asked the Minister of the Environment what measures are in place to ensure a consistent approach by councils in deterring people from dropping litter. (AQW 13236/11-15) Mr Attwood: The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 provides district councils with stronger powers to deal more effectively with litter. The enforcement of these powers, including larger on the spot fines (fixed penalty notices) for littering offences, should deter people from dropping litter. Larger fines for litter offenders together with the stronger anti-litter laws generally should send out a strong message to people who litter to think about the quality of their environments. Larger fines should act as an effective deterrent against littering in the future. From 1st April 2012 councils can impose fines of up to £80 on people who litter – this is a significant increase on the previous £50. It is a matter for each district council to determine its own policy with respect to the enforcement of anti-litter laws and the development of their local anti-litter strategies. However, to support councils, the Department has issued comprehensive guidance on the anti-litter laws and also specific guidance on the use of fixed penalty notices. This guidance should help district councils develop and improve their strategies for issuing fixed penalty notices for offences contrary to environmental law, including litter
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RWA 4
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Written Answers to Questions - Northern Ireland Assembly

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