Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers Mr Attwood: I am advised by my officials that planning permission does not exist at the moment for any development or infrastructure associated with the proposed relocation of the Balmoral Show to the Maze/Long Kesh site. Notwithstanding this, my officials are engaging with representatives of the Royal Ulster Agricultural Society regarding the proposal. I am advised that any subsequent planning application will be processed in time to allow the show to open at the Maze/ Long Kesh in 2013. Access from the MI to the Maze/Long Kesh Site Mr Allister asked the Minister of the Environment what planning permission exists to permit access from the MI to the Maze/Long Kesh site; and whether there is an extant application for access. (AQW 12881/11-15) Mr Attwood: I am advised by my officials that planning permission does not exist at the moment for access to The Maze/Long Kesh site from the M1 motorway. I have also been advised that there is no extant planning application regarding the construction of such an access. Unauthorised Settlement Lagoons Adjacent to the River Faughan Mr McCartney asked the Minister of the Environment whether the unauthorised settlement lagoons adjacent to the River Faughan, an Area of Special Scientific Interest and a Special Area of Conservation, when combined with the development at 91 Glenshane Road, Derry, made lawful under A/2007/1061/LDE, would fall under the description of an Environmental Impact Assessment (EIA) development as defined in the EIA Regulations. (AQW 12898/11-15) Mr Attwood: The Department considers that the unauthorised settlement lagoons adjacent to the River Faughan, an Area of Special Scientific Interest and a Special Area of Conservation, when combined with the development at 91 Glenshane Road, Derry, made lawful under A/2007/1061/LDE, does not fall under the description of an Environmental Impact Assessment (EIA) development as defined in the EIA Regulations. Unauthorised EIA Development Mr McCartney asked the Minister of the Environment whether his Department would be in breach of the Environmental Impact Assessment (EIA) Directive if it granted a Certificate of Lawful Development for an unauthorised EIA development because it did not take prior enforcement action. (AQW 12899/11-15) Mr Attwood: In relation to the development at 91 Glenshane Road, the Department does not consider it an Environmental Impact Assessment (EIA) development. As advised elsewhere (AQW/12859) the Certificate of Lawful Use or Development (CLUD) process, as set out in the legislation, does not make explicit provision for consideration of the EIA process. Planning Application A/2008/0408/F Mr McCartney asked the Minister of the Environment (i) whether his Department carried out a revised Environmental Impact Assessment determination, for planning application A/2008/0408/F, after it accepted an amendment to the application which introduced new settlement lagoons that did not feature in the original proposals; and (ii) if not, to outline the reasons why. (AQW 12900/11-15) Mr Attwood: My Department (i) did not carry out a revised Environmental Impact Assessment determination, for planning application A/2008/0408/F, after it accepted an amendment to the application which introduced new settlement lagoons that did not feature in the original proposals. This WA 520
Friday 20 July 2012 Written Answers was not carried out as the revision to the proposal made provision for relocated lagoons in place of the existing and as such the nature and extent of the development proposed was not altered. You may wish to note that an Appropriate Assessment, under the Habitats Directive Regulations was carried out when the application reference A/2008/0408/F was first received and this was revisited when the proposal was amended. Wind Turbine Mr Durkan asked the Minister of the Environment what protections exist for people living in close proximity to lands where approval has been granted for a wind turbine to be erected. (AQW 12942/11-15) Mr Attwood: In assessing applications for wind turbines, the impact of the proposed development on adjacent occupied properties is a material consideration that the Department will take into account in reaching a balanced judgement. For an individual wind turbine best practice guidance of the fall over distance (i.e. the height of the turbine to the tip of the blade) plus 10% is often used as a safe separation distance between the turbine and occupied property. For wind farm development, a separation distance of 10 times the rotor diameter to occupied property with a minimum distance of not less than 500m will generally apply. In addition, as part of its consideration of a planning application, and in order to further inform the decision making process, the Department will consult with the Environmental Health Department of the District Council, who will provide expert advice in relation to planning related matters such as the potential noise impact of the proposed development on an adjacent occupied property. High Street Review: Absentee Landlords Mr Spratt asked the Minister of the Environment what action he intends to take to challenge absentee landlords who (i) leave shop premises empty; and (ii) refuse to engage in regeneration through the High Street Review. (AQW 12972/11-15) Mr Attwood: I have commissioned a review of retail planning policy for town centres and retailing which will consider the many and varied issues currently faced by our High Streets, including the matters referred to in your question. I am hopeful that this review will bring forward policy proposals which will support and revitalise city and town centres. Direct intervention on the issue of vacant shop premises remains an option for local councils and they could draw on the experience gained via the pilot project in Portrush/Portstewart which addressed derelict sites. The High Street Review is being taken forward by a taskforce established by the Minister for Social Development to review his Department’s provision for town centres. I have brought the Member’s comments on this matter to the attention of my Executive colleague and my Department remains fully committed to contributing actively to this review. I have demonstrated that at a DOE level or council level, all current powers should be deployed in relation to derelict sites, sites in decay, sites abandoned. The member makes a valid point in relation to landlords. I will consider the matter further. Driving Tests Mr McGlone asked the Minister of the Environment how his Department monitors and ensures the fair and consistent application of driving tests. (AQW 12982/11-15) WA 521
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Written Answers to Questions - Northern Ireland Assembly

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