Written Answers to Questions - Northern Ireland Assembly

Friday 20 July 2012 Written Answers
Regulation 4 of the Regulations prohibits the granting of planning permission for EIA development unless
environmental information has been taken into account by the Department in making that decision.
Where the Department fails to undertake this responsibility properly, it may be open to legal challenge.
It is important to note that the thresholds are not determinative and that individual projects that fall
below the indicative thresholds and criteria in the Regulations may require EIA just as those above may
not. Decisions on the need for EIA are therefore taken on a case by case basis.
91 Glenshane Road, Derry
Mr McCartney asked the Minister of the Environment, in relation to 91 Glenshane Road, Derry, what is
the current legal status of the extensive embankment made up of illegal land fill between the western
boundary of the Certificate of Lawful Development and the bank of the River Faughan, an Area of
Special Scientific Interest and an Area of Special Scientific Interest, given that it neither forms part of
A/2007/1061/LDE nor retrospective planning application A/2008/0408/F.
(AQW 12846/11-15)
Mr Attwood: The majority of the business use at 91 Glenshane Road is an established use and either
benefits from planning permission or is immune from enforcement action. This includes the land
between the western boundary of the Certificate of Lawful Development and the bank of the River
Faughan. Although the developer did not include this land in the application for the Certificate of Lawful
Development, the Department is satisfied, having regard to the planning history of the site and aerial
photographs available, that any illegal land fill had been deposited prior to May 1992 and is therefore
immune from enforcement action.
91 Glenshane Road, Derry
Mr McCartney asked the Minister of the Environment why his Department did not take enforcement
action against the extension to the concrete production yard at 91 Glenshane Road, Derry, after
refusing it planning permission, and successfully defending that decision at appeal.
(AQW 12857/11-15)
Mr Attwood: The Department only became aware of a breach of planning control occurring at this
location when a letter from a member of the public was received on 08 December 1995 enquiring
if a planning approval had been granted for the extension of the existing concrete production yard.
Upon receipt of this letter, an enforcement investigation was immediately commenced and, having
determined that a breach of planning control had occurred, the Department has been pursuing the
legal process through a variety of actions since in pursuit of regularisation and/or compliance with
planning legislation.
My reading of the papers clearly confirm that there was a failure by the Planning Service at that time,
and since, to deal with this issue robustly.
91 Glenshane Road, Derry
Mr McCartney asked the Minister of the Environment to detail the full extent of the development at
91 Glenshane Road, Derry, including an estimate of the quantity of land fill that has been granted
a Certificate of Lawful Development, under A/2007/1061/LDE, as a result of his Department not
carrying out enforcement action within the required timeframe.
(AQW 12858/11-15)
Mr Attwood: An application for a Certificate of Lawfulness of Existing Use or Development (CLUD)
was made on 31st August 2007, under Article 83A of the Planning (Northern Ireland) Order 1991 (as
amended). This Article does not require the applicant or the Department to include an estimate of
the quantity of land fill that has been granted a Certificate of Lawful Development and the “extent”
of the development covered by the CLUD is that contained within the red line of the application.
Article 83A (5) of the Order states that a certificate under this Article shall specify the land to which
it relates and describe the use, operations or other matter in question. The Department is satisfied
WA 518