Northern Ireland Assembly Flax Flower Logo

Northern Ireland Assembly

Monday 10 June 2002 (continued)

Reinvestment and Reform Initiative: Bids

 

5.

Mr McMenamin

asked the Minister for Regional Development what was the total amount of bids made by his Department under the reinvestment and reform initiative.

(AQO 1557/01)

3.15 pm

Mr P Robinson:

My Department entered 38 bids under the reinvestment and reform initiative, amounting to £277 million, of which £99 million related to 2002-03 and £178 million for 2003-04.

The detailed list of bids was made available to the Committee for Regional Development, and I have arranged for a copy to be placed in the Assembly Library. The list includes 15 projects put forward for support in April under the infrastructure Executive programme fund. The schemes include strategic road improvements on major routes throughout Northern Ireland. These include upgrading the eastern seaboard corridor, including the A8, the Westlink and the M1; schemes on the A1, including converting the road between Newry and the border into a dual carriageway; the building of the proposed Skeoge link; and the completion of the final stage of the Omagh throughpass. I am also seeking significant investment in new buses and have bid for the funds required to continue work on the railways, including the Antrim to Knockmore railway line.

With regard to water and sewerage, I am seeking resources to replace defective water mains and sewers to reduce leakage, improve water quality and enhance environmental protection measures.

Mr McMenamin:

I thank the Minister for a comprehensive answer. It is interesting to note that his Department's financial needs exceed the amount available under the first element of the reinvestment and reform initiative. With that in mind, how will the Minister identify potential sources of funding to undertake necessary infrastructure projects?

Mr P Robinson:

The total amount of money available under the present bids is £270 million. The Member is right to point out that £200 million is available under the recently announced package, although £125 million of that is derived from a loan. The rest is our own money, but in addition to that is the combined bid from the Department for Regional Development for infrastructure Executive programme funds under each of those areas. I have made bids for the whole pot because my Department's infrastructural needs are greater than those of any other in Northern Ireland. The Department for Regional Development is responsible for the infrastructural needs of Northern Ireland, so it has the prime claim to these funds. I hope that the Assembly will support my bids and that many of them will be successful.

In the case of unsuccessful bids, I must obtain money from my existing departmental expenditure limit (DEL) funding, through private sector initiatives or by means of a charging mechanism. All those other matters will be seen in the context of the regional transportation strategy, or will soon be seen in the context of the water strategy for Northern Ireland.

Mr Close:

The Minister has set some of my constituents' hearts a-flutter with his assurance that the continuation of the Knockmore to Antrim railway line is included in the bids. On behalf of my constituents, I am grateful. May I tease the Minister a little more? He submitted 38 bids, but did he prioritise them? Can he assure me that the Antrim to Knockmore railway line was near the top of that list - preferably at the top?

Mr P Robinson:

I have serious reservations about the Member ever becoming the Minister for Regional Development if he really thinks, given all the needs of that Department, that the Antrim to Knockmore railway line is my priority. If it were, it would be more important than the roads maintenance problems that we have heard about today, the leakage problems and the need to implement the water strategy, or the transport needs across the Province, including those for the disabled.

I thought that I would provoke Mr Close to his feet by mentioning the Antrim to Knockmore railway line. Let me make it clear that it is not my Department's top priority. If we are to retain the railway line, we need additional funding - we simply cannot make do with what we have. That is all the advice that I have received from the Department. Whether the Assembly is prepared to fund that is a matter for Members, and principally for the Minister of Finance and Personnel.

We have put in the bid, which will test whether the Assembly wishes to keep the railway line open. If it does not, I will have to make alternative arrangements for the safety of passengers.

Bus Lanes:
M1 and Saintfield Road

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6.

Mr Hamilton

asked the Minister for Regional Development whether he has any plans to study the impact of bus lanes on the build-up of traffic entering Belfast via the M1 and the Saintfield Road.

(AQO 1527/01)

Mr P Robinson:

Surveys have been carried out on the M1 and the Saintfield Road to ascertain whether there has been any increase in bus patronage due to bus lanes being provided on these routes. The surveys show that at peak periods bus patronage has increased by 7% following the introduction of the M1 hard shoulder bus lane and by 10% following the introduction of the southern quality bus corridor on the Saintfield Road. Vehicle flows have remained fairly constant on both those corridors over the past three years.

Mr Hamilton:

I thank the Minister for his answer and for the figures showing that bus usage has increased since the introduction of bus lanes. Several people, particularly those from Strangford who use the Saintfield approach to Belfast, have told me that, in their belief, the introduction of bus lanes has increased traffic congestion. Does the Minister plan to advertise the fact that the introduction of bus lanes is resulting in a decrease in car traffic?

Mr P Robinson:

I do not think that there is any argument that the introduction of bus lanes leads to an increase in car traffic. It is theoretically possible to have a reduction in the use of cars and an increase in congestion. Experts in my Department tell me that as bus lanes halt before traffic lights and junctions, there should be no congestion - cars can go into the two lanes at that point. However, experience indicates that some drivers are not keen to move into the inner lane, because other drivers may not be willing to let them out again when they get to the other side of the junction. That can cause congestion. If proper use were made of the bus lanes at the traffic lights, where people could alternatively feed out, there would certainly not be an increase in the congestion, and public transport could move more quickly.

The bottom line is that we are going to have congestion, if not gridlock, in the years ahead unless we can encourage more people onto public transport. One way of doing that is to ensure that public transport has a freer and quicker route into the city centre. I hope that Mr Hamilton and others will encourage the use of public transport for that purpose. The Assembly must also provide the funds to update the vehicles and make it more attractive.

Mr S Wilson:

Does the Minister agree that one way of encouraging less congestion on the roads, while at the same time maintaining private transport, is to have people use motorcycles rather than motor cars? As an incentive, will the Minister tell us when he intends to permit motorcyclists to use bus lanes?

Mr P Robinson:

I am sure that the Member has no vested interest in this matter or he would have declared it to you, Mr Deputy Speaker.

I accept that a significant section of the community uses motorbikes. Some weeks ago I announced to the Assembly that, in principle, I agreed that motorcyclists should be allowed to use bus lanes. However, the procedures are such that it will probably be another six to nine months before we have completed those procedures, and Mr Wilson will be able to get to the Assembly quicker.

Omagh Throughpass:
Third Stage

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8.

Mr Byrne

asked the Minister for Regional Development to outline the commencement date for the construction of the third stage of the Omagh throughpass; and to make a statement.

(AQO 1508/01)

Mr P Robinson:

The commencement date for the construction of the third stage of the Omagh throughpass is dependent on the satisfactory completion of the statutory processes and the funding position at that time.

In May 2001, my Department's Roads Service held a public inquiry into the environmental statement, which examined the effects of the proposed scheme. The departmental response to the inspector's report on the inquiry was published in the local press on 17 May 2002.

The Department is also obliged to hold a further public inquiry to deal with objections received in response to the draft direction order. Unless those objections are withdrawn, it is expected that that inquiry will be held later this year. Subject to the successful completion of the direction order process, statutory procedures to procure the land required for the scheme will begin. It would be inappropriate to pre-empt the outcome of the consultation process, but the scheme has a high level of local support, and I hope that, with a fair wind, the statutory processes can be completed during the 2003-04 financial year.

Mr Byrne:

I thank the Minister for his comprehensive answer, but I am deeply disappointed by its content, given that the Omagh throughpass proposal has been on the drawing board for 10 years or more. Does the Minister accept that there is great concern in Omagh and the west Tyrone area about the completion of the throughpass and deep anxiety over undue delays thus far? Can the Minister assure me that all statutory procedures will be expedited so that this significant road project for Omagh can be realised as quickly as possible?

Mr P Robinson:

I am sympathetic to Mr Byrne's comments. He will begin to appreciate the frustration that I feel when I want to proceed with road schemes but have to go through all the necessary procedural hoops. I have been considering ways in which we might be able to pull together several of those inquiries. In the future, rather than having several separate public inquiries, we could have one that covers two or three issues. The Member will see that those are legal requirements that we must meet. I will, however, consider issues such as whether preparatory work can be done to save time as soon as the statutory processes are completed. In particular, I will consider the acquisition of land.

Use of Harbour
Commissioners' Land

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9.

Mr Maskey

asked the Minister for Regional Development, in the light of recent Executive support for shipbuilders Harland & Wolff, what plans he has for the strategic use of land owned/overseen by the Belfast Harbour Commissioners.

(AQO 1550/01)

Mr P Robinson:

The Belfast Harbour Commissioners have statutory responsibility for the management and development of the harbour estate, which consists of approximately 2,000 acres of land. Around half of that area is dedicated to port activities; the bulk of the remainder of the land is already leased to tenants for a variety of business purposes or has been zoned for development.

As I explained in my statement to the Assembly on 20 May 2002, my Department will be involved in the master-planning process linked to the Titanic Quarter area. However, primary responsibility for that rests with the Belfast Harbour Commissioners and Titanic Quarter Ltd, the joint developers. The development proposals that emerge are likely to entail mixed land use, but they will be the subject of public consultation and the normal statutory planning process. More generally, future land use within the harbour estate will be determined by the outcome of the current Belfast metropolitan area plan process in the context of the regional development strategy.

Mr Maskey:

I thank the Minister for that response. I am particularly interested to know what the link will be between the public consultation and the Belfast metropolitan area plan consultation. I would be concerned that the recent support for Harland & Wolff could allow that company to diversify and, perhaps, to develop the site in a piecemeal way that might be contrary to the Minister's plans - which I have no doubt that he wants to carry through.

Mr P Robinson:

For the whole of Belfast, there is massive potential in the port as a whole and the development prospects that now exist. As elected representatives, we must ensure that the development that takes place there is in the best interests of Northern Ireland plc. There are several different ways in which that can be done.

First, my Department has a role, as it is part of the group that considers planning proposals. Secondly, the public interest is secured by the presence of the Belfast Harbour Commissioners, who comprise 50% of the developer partnership in the area. In addition, there are the normal planning processes, and Belfast City Council will also have a major role in the consultation.

3.30 pm

Environment

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Mr Deputy Speaker:

I wish to inform Members that question 7, standing in the name of Mr George Savage, has been withdrawn and will receive a written answer. Question 12, standing in the name of Mr Billy Armstrong, has been withdrawn and does not require a written answer.

Planning Service Assessment

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1.

Rev Robert Coulter

asked the Minister of the Environment whether any assessment or monitoring of the operation and functions of the Planning Service has taken place within the past three years.

(AQO 1532/01)

The Minister of the Environment (Mr Nesbitt):

In December 1999, my predecessor, Sam Foster, inherited a Planning Service that was underfunded and under increased work pressures. It needed more resources and an overhaul of its policies and processes. We have secured additional resources that have enabled 103 staff to be recruited since devolution, with a further planned increase of 50 more staff during 2002-03. We have put in place programmes to deliver comprehensive and up-to-date suites of area plans and are working on 11 plans.

We have also put in place an ambitious programme to update and revise our planning policy statements completely. Each year, we process 7% more planning applications than we did in 1995-96. In addition, the consultation paper 'Modernising Planning Processes', which is the most comprehensive review of planning processes in Northern Ireland since 1973, was published in February 2002.

I am also streamlining and strengthening the enforcement powers available to the Planning Service and have today introduced a Planning (Amendment) Bill to the Assembly. That is a substantial programme of work to improve the operation and functions of the Planning Service. I shall, however, keep the performance of the Planning Service under review.

Rev Robert Coulter:

What impact does the Minister expect the consultation paper 'Modernising Planning Processes' to have?

Mr Nesbitt:

We aim to have a simpler, faster and more accessible planning process. There are many tensions in the Administration and in the Planning Service. People want speed but they also want public participation. They want better-quality decisions, yet the quantity of planning applications increases. Above all, we are subject to sustainable development, and that means that we must consider the economic well-being of Northern Ireland as well as the protection of the environment.

Mr Poots:

What is the backlog? What was the backlog three years ago? Has there been an improvement in reducing the backlog?

Mr Nesbitt:

I do not have those statistics available. However, I draw Mr Poots's attention to the increase in planning applications. There are 24,000 planning applications with the Planning Service, and we do not have resources to match them. The number of planning officials has increased by 25% since devolution; that is a measure of our determination to ensure that we have a Planning Service worthy of Northern Ireland and its people.

Townscape Preservation

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2.

Mr Hamilton

asked the Minister of the Environment what assessment the Environment and Heritage Service makes of the need to preserve areas of long-established townscape in its recommendations to the Planning Service.

(AQO 1531/01)

Mr Nesbitt:

My Department's policy on protecting the built environment is set out in 'Planning Policy Statement 6: Planning, Archaeology and the Built Heritage'. The Planning Service seeks advice from the Environment and Heritage Service about historic townscapes where they are relevant to a planning application. The Environment and Heritage Service, together with the Planning Service and the Construction Service's landscape architects, undertake historic settlement appraisal as part of area plan preparation. That includes an evaluation of historic landscape and townscape with a view to identifying local landscape policy areas and local policies for the protection and management of change.

It is the responsibility of the Planning Service to identify areas of townscape character to be included in area plans, and to designate conservation areas.

Mr Hamilton:

I note that the Minister made reference to historic townscape issues. What criteria are used to define a historic townscape?

Mr Nesbitt:

The criteria are complex. Use is made of a pattern of streets, properties and spaces that have evolved over the centuries as society has developed. Consideration is given to archaeological remains, historic buildings, and industrial, maritime, defence and heritage features. All those elements form part of the historic townscape that must be considered.

Mrs I Robinson:

A current planning application from North Down Construction Ltd, awaiting a decision from the Planning Service, includes a four-storey apartment block at the Kiltonga site adjacent to the bird sanctuary in Newtownards, which is an area of outstanding natural beauty. Does the Minister agree that that element of the planning application should be refused?

Mr Nesbitt:

For the sake of brevity and speed I can neither agree nor disagree. I am not aware of the details of the matter. If the Member writes to me, a precise answer will follow. If she had wished the question to be answered today, she should have given notice.

Radon in Water Supplies
(South Down)

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3.

Mr M Murphy

asked the Minister of the Environment whether private water supplies are being regulated for increased levels of radon found in the south Down area.

(AQO 1562/01)

Mr Nesbitt:

Although monitoring for radon is not required by the EC Drinking Water Directive or private water supply Regulations, my Department's Environment and Heritage Service has commissioned some monitoring work in the past. In 1995, Queen's University monitored 34 springs and boreholes. Radon levels in a range of 0·9 becquerels a litre to 87 becquerels a litre were found. Those were well below the National Radiological Protection Board's (NRPB) advisory level of 1,000 becquerels a litre.

The Environment and Heritage Service has also let a contract to the NRPB, in co-operation with Queen's University, to carry out further measurements of radon levels in water supplies to 50 homes in areas of increased radon risk. That may include homes in south Down, although the areas have not yet been fully determined. The study is due to be completed by the end of the year and will include public and private water supplies. The results will be analysed to provide information on the possible level of risk posed by radon in drinking water in Northern Ireland. They will be published when the work is complete.

Mr M Murphy:

As south Down is a radon-affected area, I suggest that there should be regular monitoring and control of radon in the water supplies to ensure that the people of south Down are not exposed to further cancer-causing factors.

Mr Nesbitt:

The Member's use of the word "cancer" in relation to regular monitoring of the water supply in south Down is emotive. Let me be clear about the water supply: the possibility of cancer exists. However, the level of radioactivity in the water would have to reach 1,000 becquerels a litre. There is a 1% to 3% chance of encountering that in one's lifetime. The south Down area does have high radon levels, higher in the air than in the water.

The presence of radon in the air can lead to lung cancer, but 200 becquerels a cubic metre would be required to create a 3% chance of contracting cancer. Fifty per cent of radon occurs naturally. Eighty-five per cent of radioactivity comes from natural sources; only 0·1% comes from Sellafield.

Mr Kennedy:

Can the Minister give an assessment of the risk posed by radon, not only in south Down but throughout Northern Ireland.

Mr Nesbitt:

I have addressed those points in my answer to Mick Murphy. I gave the percentage chance of contracting cancer and outlined the becquerel levels that need to be in the water and in the air.

Rural Business Planning Applications

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4.

Mr Dallat

asked the Minister of the Environment what action he intends to take to ensure that planning applications for small rural businesses are less problematic after the implementation of the new area plans.

(AQO 1514/01)

Mr Nesbitt:

The Department recognises the importance of small enterprises in diversifying the rural economy. 'Planning Policy Statement 4: Industrial Development' provides the planning policy framework for determining planning applications for small rural businesses. The Department of the Environment is reviewing and updating that policy framework in the light of the provisions of the regional development strategy. The Department will consult widely on draft policies in due course. It is important that the rural community, and the business community as a whole, responds to that consultation. The area development plan process also provides opportunities for the needs of the rural community to be considered.

The Planning Service consults the Department of Agriculture and Rural Development on all area plans. There are opportunities for the public to comment on the future of their local areas. The processes of preparing area development plans and planning policy statements will enable the needs of small rural businesses to be put to the Department of the Environment and fully considered against environmental and other considerations.

Mr Dallat:

I thank the Minister for his positive answer. He obviously agrees with me that there is an urgency to ensure that as few obstacles as possible are placed in the way of industries locating in rural areas.

Does the Minister agree that, given the decline in agriculture and the need to create alternative employment for rural dwellers, he needs to be in regular contact with his Colleagues in other Departments so that they are not only singing from the same hymn sheet but also singing in the same key?

Mr Nesbitt:

I agree that agriculture is going through a difficult time. The Department of the Environment needs to be in regular contact with other Departments. I am in regular contact with the Minister of Agriculture and Rural Development. Indeed, I was due to have a meeting with Mr John Gilliland, the new president of the Ulster Farmers' Union, yesterday, but I was unable to attend.

Seamus Heaney House

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5.

Mr M Robinson

asked the Minister of the Environment whether directions under article 4 of the Planning (General Development) Order (Northern Ireland) 1993 were used in respect of the former home of Seamus Heaney.

(AQO 1568/01)

Mr Nesbitt:

The Department of the Environment did not invoke the provisions of article 4 of the Planning (General Development) Order (Northern Ireland) 1993, which allows the withdrawal of certain permitted development rights, in respect of the former home of Seamus Heaney. Current legislation does not include demolition within the definition of development. Consequently, consent is not required for demolition, except in conservation areas and for listed buildings. The provisions of article 4 did not apply to this property as it was not in a conservation area and was not listed.

Mr M Robinson:

The Department of the Environment insisted that it had tried to contact the owner of the Heaney house to facilitate listing. That is not a statutory requirement and is at odds with the listing procedure in England where a building is under threat. Does the Department intend to continue with this practice, bearing in mind the inherent danger of premature demolition?

Mr Nesbitt:

There are two parts to the Member's question, so I will be brief. The Member asked whether trying to contact the owner is part of the procedure. It was what I was faced with when I first heard of the likely demolition that Tuesday evening in May. I had one of three choices. I could opt for doing nothing, or, as some people suggested, I could go for a spot listing and test the law. However, as a Minister, I did not think that I should be seen to be testing the law or running the chance of breaking the law. The third option was to try to create space and use a third party.

I viewed it as axiomatic - the developer knew what we were about. He had no direct contact with me but I am confident that he knew what we were doing because we informed him through the third party.

Will the situation continue? Mr Mark Robinson is not aware, and he should be, that I introduced a Planning (Amendment) Bill today, which will include what is euphemistically known as "spot listing". It is a building preservation notice, which enables work to be halted, after which there will be six months to decide, through the proper procedures, whether a building is worthy of listing. Having listened to Members who spoke in the Assembly and outside, I am sure that the provision will be fully approved by the Assembly.

3.45 pm

Derry City Walls

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6.

Mrs Courtney

asked the Minister of the Environment whether he will support the application to promote the city walls in the Derry City Council area as a world heritage site, in view of their historical importance.

(AQO 1523/01)

Mr Nesbitt:

The Department of Culture, Media and Sport takes lead responsibility in the UK for the World Heritage Convention. In June 1999 the Secretary of State for Culture, Media and Sport, Chris Smith, published the current UK tentative list of sites likely to be put forward for world heritage status. The list included 25 sites in the UK and its overseas territories. One Northern Ireland site, Mount Stewart gardens in County Down, was included.

The tentative list has a planned life of five to 10 years, and a review of the list, which may lead to new proposals, will take place no sooner than 2006. I will be happy to consider any case that Derry City Council wishes to make for including the city's walls on the list. However, world heritage sites are required to have "outstanding universal value", and the World Heritage Convention has stated that walled cities are already well represented on the world heritage list.

Mrs Courtney:

That is a disappointing answer. When Chris Smith first came over here he indicated that the city walls should have world heritage status. I have asked the Minister of Culture, Arts and Leisure about this matter, but it is not within his remit.

Derry has put a substantial amount of money aside in trying to gain world heritage site status. The Minister's answer is disappointing because we had hoped that we would at least have had our foot on the ladder long before 2006.

Mr Deputy Speaker:

Does the Member have a question in mind?

Mrs Courtney:

Yes, but after the Minister's answer I am not sure about the question that I was going to ask. This matter will require money. Is the Minister prepared to put money into the initiative once we get the city walls onto the UK tentative list?

Mr Nesbitt:

That is a good question. I respect and empathise with the magnitude of Derry's city walls and the part that they played in history. They were built between 1613 and 1618 during the plantation of Ulster. Londonderry is one of the last walled cities in Europe, and the walls constitute the largest historic monument in care in Northern Ireland. Since 1957 the Department has contributed £10 million towards the upkeep of the walls - so we value them. We are mindful of the terrorist activity during which they have been sustained.

Mr Hay:

I support the Member for Foyle, Mrs Courtney, on this matter. The issue has been raised by my council over many years. There is total support for trying to have the city walls designated as a world heritage site. It would be the jewel in the crown for tourism in the city of Londonderry. As the Minister said, the walls have played a historic role in the city, and he is correct in saying that it is the only complete walled structure anywhere in Europe.

Today, it is still possible to walk round the entire length of the walls.

Mr Deputy Speaker:

Order. Does the Member have a question in mind?

Mr Hay:

The Minister's support for the council's application to make the walls a world heritage site would be important. If the Minister has not walked the walls, the council invites him to do so. That might give him a better understanding of the walls' historic importance.

Mr Nesbitt:

I see a few smiles in the Chamber at the idea of my walking the walls. I understand the historic and cultural significance of the walls to the city of Londonderry.

However, I want to point out the difficult nature of the application. Twenty-five areas are being considered by the United Kingdom Government, through which Northern Ireland makes its nominations. The gardens at Mount Stewart have been nominated, although the earliest time that it will be considered - if it is considered - is 2003-04. The United Kingdom Government states that they will make only one nomination each year, as about 400 sites have been nominated for designation.

Londonderry must compete against walled towns such as Caernarfon and Verona for designation. These are the criteria for a world heritage site of outstanding universal value.

Mr McClarty:

I have a great deal of sympathy with the question from Mrs Courtney, and the speech from Mr Hay. However, does the Minister agree that the walls of Derry have great historic and cultural significance for all the people of Northern Ireland and that they form part of our shared heritage and must, therefore, be accorded fitting recognition?

Mr Nesbitt:

I empathise totally with the Member's comments about the historic and cultural nature of the walls and the shared heritage that they represent. If we all in Northern Ireland shared, understood and empathised with one another's culture and heritage, we truly would become one community, but a community that respected diversity.

Planning Appeals in North Down

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8.

Ms Morrice

asked the Minister of the Environment to detail (a) the total number of planning applications appealed by property developers in north Down in the past year; and (b) the percentage that were successful.

(AQO 1513/01)

Mr Nesbitt:

Between 1 April 2001 and 31 March 2002, 13 appeals were made to the Planning Appeals Commission from property developers for proposed developments in the North Down Borough Council area. Two of those 13 appeals were withdrawn, and five have not been decided to date. Of the six that were decided, all were allowed by the Planning Appeals Commission. The Department has been granted leave for a judicial review of one of the six.

Ms Morrice:

I tried to jot down those figures speedily as the Minister went through them. I believe that I am right in saying that most of the appeals were decided in the developers' favour: two were withdrawn, five were undecided and the others went through. In the light of that majority, would the Minister consider allowing residents to have a say in the matter by introducing a third-party appeal system in the Bill that was introduced this morning?

Mr Nesbitt:

The Member is correct. There were 13 appeals - six were decided in favour of the developers, against advice. Queen's University has carried out research for the Department into third-party appeals in the Republic of Ireland and how they might affect Northern Ireland. The result of that tentative research is that third-party appeals seem to add to delays. Third-party appeals in the South can take about 11 months longer to deal with. That would have a considerable resource implication for Northern Ireland.

Our current level of consultation and participation is viewed as reasonably comprehensive. However, we are examining that in more detail. I assure the House that, when the research has been considered in detail, it will be passed as soon as possible to the Committee for the Environment so that it and the Department can interface on the important issue of third-party appeals.

Planning Approval

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9.

Mr McCarthy

asked the Minister of the Environment what steps are taken by the Planning Service to ensure that work carried out is in accordance with the approval given.

(AQO 1548/01)

Mr Nesbitt:

The Department approved 20,092 planning applications in the last financial year. Given that volume, it is not practicable for all planning approvals to be comprehensively monitored to ensure compliance. Experience confirms that the majority of developers are law-abiding and comply with the regulations. Where deviation occurs, it is within acceptable statutory and policy limits. When members of the public notify the Department of unauthorised development, it is investigated. The Department will seek in the first instance to achieve a satisfactory resolution by negotiation. Where that is not possible, the Department has statutory powers to initiate formal enforcement action.

'Planning Policy Statement 9: The Enforcement of Planning Control' sets out the Department's general policy approach to its enforcement powers. Where the Department considers it expedient to take enforcement action, it is commensurate with the breach of planning control to which it relates.

Today, I introduced a Bill to the Assembly that, among other things, will considerably strengthen the enforcement powers available to the Department. The Department is recruiting additional staff to bolster the development control and enforcement functions of the Planning Service.

Mr McCarthy:

I admire and congratulate the Minister on his optimism.

To my knowledge, the Strangford constituency has one enforcement officer to cover a large area. Builders, developers and others are aware of that and seem to get away with chopping and changing the size, shape and design of buildings, to the very great annoyance of the locals, while the individual can be harassed by planning staff. Will the Minister assure us that the plans that are submitted to his Department will be strictly adhered to, if and when a neighbour or a concerned person reports that they are not being adhered to? Does the Minister consider it an offence to commence work without planning permission or building approval?

Mr Nesbitt:

I will answer the Member's last question first. The law states that it is not an offence to commence building, provided retrospective approval is sought.

It does no harm to put it on the record that there are six divisions in Northern Ireland that deal with planning. Four of those divisions have three officials dealing with enforcement, and the other two have four each. A total of 20 officials in the Planning Service deal with enforcement. In one year, 2,849 cases were brought before the system, 1,485 of which have been resolved. The number of planning staff has increased by 25%. Such was the measure of resources devoted to the environment and to planning under direct rule. I have said before that it was viewed as a Cinderella.

Since devolution, the budget of £15 million has gone up to £18·5 million. Another £1·9 million is to be used in 2002-03, and 50 more staff will be recruited. We are committed to delivering an efficient, transparent and open planning system and to having the correct laws in place and ensuring that they are enforced.

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