Written Answers to Questions - Northern Ireland Assembly

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