Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers Wind Farm Applications Mr Agnew asked the Minister of the Environment what consideration is given to community impact assessments as part of the process for approval of wind farm applications. (AQW 10272/11-15) Mr Attwood: With any planning application, the Department, in dealing with the application, shall have regard to the development plan, so far as material to the application, and to any other material considerations. All the fundamental factors involved in land use planning constitute a material consideration. This includes impact on neighbourhood and community. The basic question is whether a proposal would unacceptably affect amenities and the existing use of land that ought to be protected in the public interest. Planning Policy Statements set out the policies of the Department on particular aspects of land use planning. Their contents are material to decisions on individual planning applications. Planning Policy Statement, PPS 18 Renewable Energy is a material consideration with every wind farm planning application. Within PPS 18 is a requirement for the Department to consider impacts on public safety, human health and residential amenity, as well as the economic and social benefits associated with any renewable energy proposal. With wind farm development specifically, PPS 18 requires that developments do not have an unacceptable impact on visual amenity and that there is no significant harm to safety or amenity of sensitive receptors such as homes, hospitals, schools and churches arising from noise, shadow flicker, ice throw and reflected light. The requirement for minimum separation distances between turbines and occupied property provides a further element of the assessment process. Ministerial Cars Mr Copeland asked the Minister of the Environment to detail (i) the number of departmental staff who have availed of ministerial cars and drivers in each of the last three years: (ii) the cost of providing the service; and (iii) whether the benefit derived is subject to income tax. (AQW 10293/11-15) Mr Attwood: Responsibility for Ministerial transport was transferred from the DFP Car Pool to departments with effect from 1 April 2011. No record of journeys made by officials in the Ministerial car is kept by the Department. However, the cars are provided primarily for Ministerial use and any usage by officials would have been minimal. Also, records were not kept in the period prior to the transfer of responsibility from DFP. The payment of income tax is not an issue as the cars would have been used solely for business purposes. Hydraulic Fracturing Mr Agnew asked the Minister of the Environment whether he can confirm that hydraulic fracturing can never be considered 100 percent safe; and for his assessment of the probability of contamination of groundwater that the Environment Agency would consider acceptable in any Environmental Impact Assessment. (AQW 10331/11-15) Mr Attwood: In terms of any planning applications involving hydraulic fracturing the applicant will be required to identify the risks to the environment associated with the process through the submission of an Environmental Impact Statement detailing how they would propose to mitigate against a range of potential impacts. I have made it very clear to Tamboran Resources that I expect the most rigorous Environmental Impact Assessments (EIA) to accompany any applications they choose to submit. Tamboran have said that they WA 504
Friday 20 July 2012 Written Answers accept the need for such assessments and to liaise with both Strategic Planning Division and NIEA in scoping the content of the required Environmental Statement. Such a statement will form the basis of the Departments determination of the planning application and it must take account of all potential impacts on the environment and public health. The potential impact on groundwater will form part of the EIA process and only when the company has submitted the relevant environmental information will NIEA be in a position to give advice on this matter. I have made it clear that there will be no headlong rush to fracturing. When the science is available, interrogated, when all planning and environmental assessments have been conducted, when applications are submitted and assessed as article 31 or not and subject to Public Inquiry (PI) or not, only in that context will decisions be capable of being made. It is clear that to date fracking has not been 100% safe – I await further evidence as to how safe or not it could be in the future. Time-Limiting the Period in which Projects must be Completed Mr Dallat asked the Minister of the Environment (i) what consideration he has given to time-limiting the period in which projects must be completed; and (ii) what plans he has to address partially erected buildings. (AQW 10418/11-15) Mr Attwood: Every grant of planning permission must, under Article 34 of the Planning (Northern Ireland) Order 1991, be made subject to a condition imposing a time-limit within which development authorised must be started. Article 34(1)(a) specifies a period of five years from the date of the permission, and Article 34(1)(b) provides the Department with the option of granting permission subject to such other period (whether longer or shorter) as the Department deems appropriate. The Department does not currently have powers to make developers implement a grant of planning permission or to force the completion of any building works that have begun on site. Article 37 of the Planning (Northern Ireland) Order 1991 enables the Department to terminate a planning permission in certain circumstances. On occasion DOE Planning may impose a condition requiring a development to be phased or completed to a particular stage. On a practical level a condition requiring that the whole of the development permitted be completed is likely to be difficult to enforce. For example, if the reason for the failure to complete is financial difficulties experienced by the developer, it is considered that the enforcement of conditions may be unlikely to succeed. Other Departments/agencies/bodies may have powers to act in such circumstances. I am very much aware of the growing issue of partially erected buildings. I recognise the financial difficulties experienced by developers at this time and the fact that they may not be in a position to develop a site for which they have been granted planning permission. I also know that there are developers with funds who leave sites to go into decay or partially finish and walk off site. I have made a case in point in this regard. I am acutely aware of the issues of partially erected buildings. In response, I am working to ensure local councils use the full suite of powers they enjoy around dangerous sites or those in decay. I am seeking to deploy the Portrush / Portstewart model of short term monies for the built environment in other locations; I have instructed planning officials to use the full extent of DOE powers, including completion notices (etc). I will update the member further on my interventions in due course. Capital Debt of Local Councils Mr Weir asked the Minister of the Environment to detail the level of capital debt of each local council. (AQW 10562/11-15) WA 505
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Written Answers to Questions - Northern Ireland Assembly

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