Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers project. This development programme would form the basis of an application for planning permission which would involve an Environmental Impact Assessment and must also be approved by DETI. Department of the Environment Enforcement Action in Lisburn Area Mr Craig asked the Minister of the Environment to detail the average length of time it takes to implement an enforcement action in the Lisburn area. (AQW 6635/11-15) Mr Attwood (The Minister of the Environment): Enforcement Action has a precise legal meaning in Article 67A (2) of the Planning (Northern Ireland) Order 1991. For the purpose of the Order (a) the issue of an enforcement notice; or (b) the service of a breach of condition notice, constitutes taking enforcement action. In the 2011/2012 business year 6 enforcement notices were issued in the Lisburn City Council area, taking an average of 3 years 9 months. The majority of breaches of planning control are resolved informally through negotiation with the owner/ occupier or through the submission and consideration of a retrospective planning application. For your information there are 368 enforcement cases within the Lisburn City Council area - tabulated below by age and type of case. Current outstanding cases within Lisburn Type Breach of planning condition Change of Use WA 498 3 years + 2-3 years 1-2 years
Friday 20 July 2012 Written Answers that permitted development rights have related solely to exploration and do not in any way extend to extraction. That said and in these circumstances if the exploration works themselves are considered to require an Environmental Impact Assessment the current legislation makes it clear that in such circumstances permitted development rights do not apply. It is my view that exploration does require an EIA. (ii) If a planning application to extract shale gas by hydraulic fracturing is submitted to the Department for consideration, it should be accompanied by an environmental statement. Only when the location and specific details of such a proposal are available would the Department be in a position to assess the risks in relation to the proximity to sensitive environmental receptors. The process of designating a proposal as an article 31 application and considering the need for a public inquiry requires that the Department must first have a planning application to consider. Once a planning application is received and the Department considers that the development would, if permitted – (a) involve a substantial departure from the development plan for the area to which it relates; or (b) be of significance to the whole or a substantial part of Northern Ireland; or (c) affect the whole of a neighbourhood; or (d) consist of or include the construction, formation, laying out or alteration of a means of access to a trunk road or of any other development of land within 67 metres of the middle of such a road, or of the nearest part of a special road; the Department may apply Article 31 status to the application. A decision to hold a public inquiry could not be made until the detail of the planning application had received careful consideration. However, as I have said and without prejudicing a future application or its assessment, other energy related applications – such as the North / South interconnector – have been designated Article 31s and subsequently sent for public enquiry. Taxi Drivers Act as Couriers Lord Morrow asked the Minister of the Environment whether taxi drivers are authorised and insured to act as couriers, particularly in relation to alcohol orders purchased from bars and off-licences on behalf of non-passengers and delivered to their homes. (AQW 7688/11-15) Mr Attwood: A policy of insurance or security must be in force on a taxi that complies with the requirements of Part VIII of the Road Traffic (Northern Ireland) Order 1981. In general, where a taxi is being used for the conveyance of goods or alcohol for hire or reward, and provided that the nature of the business use has been declared to the insurance company, and such use is not excluded, cover may be in force. However, each taxi operator must take their own legal and insurance best advice and I am not in a position to confirm what the precise position may be in relation to individual taxi operators. Under the Licensing (Northern Ireland) Order 1996, safeguards exist in relation to deliveries of alcohol from premises licensed to sell alcohol for consumption off the premises. Details of any alcohol purchased and the name and address of the purchaser have to be entered in a day book held in the premises and the courier has to hold an invoice with the same details. Planning Appplications on Wind Farms Mr Flanagan asked the Minister of the Environment to detail (i) the number of planning applications for (a) wind farms; (b) single wind turbines; and (c) other forms of renewable energy generation that have been submitted in the last ten years; (ii) the number and percentage of applications in each category that were approved; (iii) the number and percentage of applications in each category that were refused; and (iv) the number and percentage of applications in each category that were withdrawn. (AQW 8035/11-15) Mr Attwood: Table 1 below sets out the number of applications for wind farms, wind turbines and other renewable applications received in each of the last 10 years. WA 499
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Written Answers to Questions - Northern Ireland Assembly

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