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Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 <strong>Written</strong> <strong>Answers</strong><br />

that permitted development rights have related solely <strong>to</strong> exploration and do not in any way<br />

extend <strong>to</strong> extraction. That said and in these circumstances if the exploration works themselves<br />

are considered <strong>to</strong> require an Environmental Impact Assessment the current legislation makes it<br />

clear that in such circumstances permitted development rights do not apply. It is my view that<br />

exploration does require an EIA.<br />

(ii) If a planning application <strong>to</strong> extract shale gas by hydraulic fracturing is submitted <strong>to</strong> the<br />

Department for consideration, it should be accompanied by an environmental statement. Only<br />

when the location and specific details of such a proposal are available would the Department be<br />

in a position <strong>to</strong> assess the risks in relation <strong>to</strong> the proximity <strong>to</strong> sensitive environmental recep<strong>to</strong>rs.<br />

The process of designating a proposal as an article 31 application and considering the need for a<br />

public inquiry requires that the Department must first have a planning application <strong>to</strong> consider.<br />

Once a planning application is received and the Department considers that the development<br />

would, if permitted –<br />

(a) involve a substantial departure from the development plan for the area <strong>to</strong> which it relates; or<br />

(b) be of significance <strong>to</strong> the whole or a substantial part of <strong>Northern</strong> <strong>Ireland</strong>; or<br />

(c) affect the whole of a neighbourhood; or<br />

(d) consist of or include the construction, formation, laying out or alteration of a means of access<br />

<strong>to</strong> a trunk road or of any other development of land within 67 metres of the middle of such a<br />

road, or of the nearest part of a special road;<br />

the Department may apply Article 31 status <strong>to</strong> the application. A decision <strong>to</strong> hold a public inquiry<br />

could not be made until the detail of the planning application had received careful consideration.<br />

However, as I have said and without prejudicing a future application or its assessment, other<br />

energy related applications – such as the North / South interconnec<strong>to</strong>r – have been designated<br />

Article 31s and subsequently sent for public enquiry.<br />

Taxi Drivers Act as Couriers<br />

Lord Morrow asked the Minister of the Environment whether taxi drivers are authorised and insured <strong>to</strong><br />

act as couriers, particularly in relation <strong>to</strong> alcohol orders purchased from bars and off-licences on behalf<br />

of non-passengers and delivered <strong>to</strong> their homes.<br />

(AQW 7688/11-15)<br />

Mr Attwood: A policy of insurance or security must be in force on a taxi that complies with the<br />

requirements of Part VIII of the Road Traffic (<strong>Northern</strong> <strong>Ireland</strong>) Order 1981. In general, where a taxi is<br />

being used for the conveyance of goods or alcohol for hire or reward, and provided that the nature of<br />

the business use has been declared <strong>to</strong> the insurance company, and such use is not excluded, cover<br />

may be in force. However, each taxi opera<strong>to</strong>r must take their own legal and insurance best advice and I<br />

am not in a position <strong>to</strong> confirm what the precise position may be in relation <strong>to</strong> individual taxi opera<strong>to</strong>rs.<br />

Under the Licensing (<strong>Northern</strong> <strong>Ireland</strong>) Order 1996, safeguards exist in relation <strong>to</strong> deliveries of alcohol<br />

from premises licensed <strong>to</strong> sell alcohol for consumption off the premises. Details of any alcohol<br />

purchased and the name and address of the purchaser have <strong>to</strong> be entered in a day book held in the<br />

premises and the courier has <strong>to</strong> hold an invoice with the same details.<br />

Planning Appplications on Wind Farms<br />

Mr Flanagan asked the Minister of the Environment <strong>to</strong> detail (i) the number of planning applications for<br />

(a) wind farms; (b) single wind turbines; and (c) other forms of renewable energy generation that have<br />

been submitted in the last ten years; (ii) the number and percentage of applications in each category<br />

that were approved; (iii) the number and percentage of applications in each category that were refused;<br />

and (iv) the number and percentage of applications in each category that were withdrawn.<br />

(AQW 8035/11-15)<br />

Mr Attwood: Table 1 below sets out the number of applications for wind farms, wind turbines and other<br />

renewable applications received in each of the last 10 years.<br />

WA 499

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