Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers Review of Public Administration Mr Hamilton asked the Minister of the Environment what conditions he has placed, or intends to place, on councils in relation to capital investment, in advance of the implementation of the Review of Public Administration. (AQW 12758/11-15) Mr Attwood: Councils need to act responsibly and prudently in considering whether or not to incur capital expenditure in the period leading up to local government re-organisation. Indeed, the Regional Transition Committee, which I chair, is arranging for the provision of guidance encouraging them to do so and to liaise closely on this matter with the councils with which they will be amalgamating in 2015. This inter-council liaison will be initially managed through the Voluntary Transition Committees, which I have reinstated, in order to promote a pragmatic and responsible approach to the future needs of the enlarged councils. Provision has already been made, in the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010, which will enable the Statutory Transition Committees to exercise control on capital expenditure contracts, non capital contracts, and the disposal or acquisition of land owned by the existing councils. The key requirement is for the councils to seek the written consent of their relevant Statutory Transition Committee before entering into contracts or disposal / acquisition of land which exceed sums to be specified by the Department. The Regional Transition Committee will also be reviewing these controls and considering whether or not they need to be extended to embrace the use of council reserves and loans. Review of Public Administration Mr Weir asked the Minister of the Environment whether there are any plans to restrict the capital spend of councils prior to the implementation of the Review of Public Administration. (AQW 12770/11-15) Mr Attwood: Councils need to act responsibly and prudently in considering whether or not to incur capital expenditure in the period leading up to local government re-organisation. Indeed, the Regional Transition Committee, which I chair, is arranging for the provision of guidance encouraging them to do so and to liaise closely on this matter with the councils with which they will be amalgamating in 2015. This inter-council liaison will be initially managed through the Voluntary Transition Committees, which I have reinstated, in order to promote a pragmatic and responsible approach to the future needs of the enlarged councils. Provision has already been made, in the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010, which will enable the Statutory Transition Committees to exercise control on capital expenditure contracts, non capital contracts, and the disposal or acquisition of land owned by the existing councils. The key requirement is for the councils to seek the written consent of their relevant Statutory Transition Committee before entering into contracts or disposal acquisition of land which exceed sums to be specified by the Department. The Regional Transition Committee will also be reviewing these controls and considering whether or not they need to be extended to embrace the use of council reserves and loans. Town Centre Development Programme Ms Lo asked the Minister of the Environment, in light of the Northern Ireland Independent Retail Trade Association’s recommendation for a five-year moratorium on out-of-town superstore developments, whether a new Town Centre Development Programme will be introduced to ensure that new multiple store complexes are located in town centres. (AQW 12835/11-15) WA 516
Friday 20 July 2012 Written Answers Mr Attwood: It is my intention to bring forward a new and updated town centre and retail planning policy to address the real issues that are self - evident. I also intend to take the difficult decisions required for the numerous major retail planning applications currently in the system throughout the North. Town Centre Retail Planning Policy Ms Lo asked the Minister of the Environment, in light of the Northern Ireland Independent Retail Trade Association’s recommendation for a five-year moratorium on out-of-town superstore developments, whether he intends to introduce a Town Centre Retail Planning Policy, which builds upon draft PPS 5. (AQW 12837/11-15) Mr Attwood: It is my ambition to bring forward a new planning policy for town centres and retailing. As part of this process I will take account of the content of existing draft PPS 5, policy and practice in other jurisdictions and the current evidential context. It is my view that there is a need to reconfigure planning policy to recognise more fully the need of in town retail. Environmental Impact Assessment (EIA) Regulations Mr McCartney asked the Minister of the Environment whether, under Environmental Impact Assessment (EIA) Regulations, a development that is subject to an EIA determination, and is amended to include further development, should be the subject of a revised EIA determination. (AQW 12843/11-15) Mr Attwood: Amendments to planning applications are a common feature of the development management process. The Department has discretion to accept amendments but in exercising this discretion it must come to a decision as to whether or not an amendment is so substantial as to constitute a different application and thus involves the making of a new application. A fundamental principle is that the interests of the public must be fully protected when an amendment is under consideration. In accepting amendments during the processing of an application, care is taken not to prejudice the rights of others to make comments, therefore any material changes are re-advertised, re-neighbour notified and objectors advised. New consultations are carried out if necessary. DOE Planning has a general responsibility to consider the environmental implications of developments which are subject to planning control and the environmental impact of any amendment to a proposal will be considered. Environmental Impact Assessment (EIA) Directive Mr McCartney asked the Minister of the Environment whether his Department would be in breach of the Environmental Impact Assessment (EIA) Directive, if it determined that an environmental statement was not required without having first carried out an EIA determination on a development. (AQW 12844/11-15) Mr Attwood: It falls to DOE Planning to consider whether a proposed development requires EIA. For this purpose it is first necessary to consider whether the development is described in Schedule 1 or Schedule 2 to The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 (the Regulations). Development of a type listed in Schedule 1 always requires EIA. Development of a type listed in Schedule 2 requires EIA if it is likely to have significant effects on the environment by virtue of factors such as size, nature and location. DOE Planning must screen every application for Schedule 2 development in order to determine whether or not EIA is required. Applications for planning permission for which EIA is required are referred to in the Regulations as EIA applications. WA 517
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Written Answers to Questions - Northern Ireland Assembly

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