Written Answers to Questions - Northern Ireland Assembly

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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
Friday 20 July 2012 Written Answers that the requirements of Article 83A of the Planning Order have been met regarding the application for and granting of a Certificate of Lawful Development at this location. I understand the member has previously received correspondence from one of my predecessors, explaining the reason for the then delays in pursuing enforcement action which, it is acknowledged, made possible the application for CLUD. I am not happy with the situation that has arisen but it goes back a number of years and it is beyond my legal authority to act contrary to the circumstances that lead to CLUD. Breach of a Tree Preservation Order Mr Agnew asked the Minister of the Environment when investigating claims of a breach of a Tree Preservation Order (i) whether staff have to seek permission from the owner of the land before they go on to a site; and (ii) what legal authority staff have in carrying out investigation claims. (AQW 12861/11-15) Mr Attwood: The Department has a statutory duty under Article 64 (duty of Department in relation to trees) of the Planning (Northern Ireland) Order 1991 to secure the preservation of trees. Any person who contravenes a TPO by cutting down, uprooting or wilfully destroying a tree, or wilfully damaging, topping or lopping a tree is guilty of an offence under Article 66 of the Order. Any person found guilty of an offence under Article 66(1) will be liable on summary conviction to a fine. (i) whether staff have to seek permission from the owner of the land before they go to a site Standard practice, when carrying out a site inspection, is that the inspecting officer will identify themselves to the owner/occupier (if present) and show an authorisation card. The officer should ask for permission to inspect the site and inform the owner/occupier that they are not obliged to consent to the inspection. The officer should request permission to take any photographs. (ii) what legal authority staff have in carrying out investigation claims. The Planning (Northern Ireland) Order 1991 gives any person authorised in writing by the Department rights to enter land for enforcement purposes, with or without a warrant. Any person that wilfully obstructs a person in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine. large out-of-town retail applications Ms Lo asked the Minister of the Environment for his assessment of whether the Department for Social Development should be granted statutory consultee status on all large out-of-town retail applications, given its role in regenerating town centres, (AQW 12879/11-15) Mr Attwood: Currently, the Department consults with a range of public bodies, depending on the nature and location of planning applications, to inform the decision making process. The Department consults with the Department for Social Development (DSD) as appropriate in applications relating to the regeneration of town centres. I intend to introduce a Planning Bill to the Assembly shortly. Parallel to the Bill, work on subordinate legislation, will confirm the list of statutory consultees and the timeframe within which they must provide a substantive response. The status of DSD as a statutory consultee will be considered as part of this work and I will very fully consider so doing. Balmoral Show Mr Allister asked the Minister of the Environment what planning permission exists at the Maze/Long Kesh site to facilitate the relocation of the Balmoral Show to that location; and what infrastructure and development is permitted. (AQW 12880/11-15) WA 519
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Written Answers to Questions - Northern Ireland Assembly

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