Mr Jim Shannon asked the Minister of the Environment to detail (a) the body responsible for monitoring the emissions from BNFL Sellafield (b) are their findings made public and (c) who is responsible for setting the emission standards.

(AQW 836/01)

The Minister of the Environment (Mr Foster): Emissions from BNFL, Sellafield are monitored by the Environment Agency in England and Wales and by the Food Standards Agency. In addition it is a condition of the Certificates of Authorisation issued by the Environment Agency that BNFL also monitor their emissions to the environment to demonstrate compliance with the limits placed on the Company.

The results are published in the following annual reports:-

• Radioactivity in Food and the Environment, published by the Food Standards Agency and the Scottish Environment Protection Agency;
• Radioactivity in the Environment, published by the Environment Agency; and
• Environmental Health and Safety Report, published by BNFL.

The emission standards are set by the Environment Agency and these are designed to ensure that internationally recommended dose limits to members of the public are not exceeded. In addition, the Environment and Heritage Service, the Scottish Environment Protection Agency and the Radiological Protection Institute of Ireland assess the impact of discharges from Sellafield on their local coastal environments. These organisations also publish their results.

Mrs Iris Robinson asked the Minister of the Environment to outline how the approved planning application X/2000/0266/RO can proceed when no work can be carried out due to a 'badger clearance zone'.

(AQW 866/01)

Mr Foster: There is no area on the approved plans for application X/2000/0226/RO described as a "badger clearance zone" or within which no development can be carried out. The plans do indicate an area at the access to the site, where the entrances to the badger sett are located, where no dwellings can be constructed. The planning approval, which was granted on appeal by the Planning Appeals Commission on 16 November 2001, provides for access to the proposed housing site across a portion of this area. The access road is specially designed to avoid damage to the existing badger sett and its underground tunnels, and to allow normal badger activity. In addition, the developer has agreed not to carry out any work within 25 metres of the entrance to each badger tunnel.

The housing development can therefore proceed subject to the protection of the badger sett. The method of this protection will be agreed between my Department’s Environment and Heritage Service and the developer. The agreed measures will be implemented outside the period 1 December 2001 to 30 June 2002, in order to protect the badgers during the breeding season. A similar arrangement will apply in succeeding years while construction work is in progress on the site.

Mrs Iris Robinson asked the Minister of the Environment to detail the size and dimensions of the 'badger clearance zone' in respect of planning application X/2000/0266/RO for the construction of 39 dwellings at 41 Main Road, Cloughey and lands to the rear of 33-35 Main Road Cloughey.

(AQW 867/01)

Mr Foster: There is no area on the approved plans for application X/2000/0226/RO described as a "badger clearance zone" or within which no development can be carried out. The plans do indicate an area at the access to the site, where the entrances to the badger sett are located, where no dwellings can be constructed. The planning approval, which was granted on appeal by the Planning Appeals Commission on 16 November 2001, provides for access to the proposed housing site across a portion of this area. The access road is specially designed to avoid damage to the existing badger sett and its underground tunnels, and to allow normal badger activity. In addition, the developer has agreed not to carry out any work within 25 metres of the entrance to each badger tunnel.

The housing development can therefore proceed subject to the protection of the badger sett. The method of this protection will be agreed between my Department’s Environment and Heritage Service and the developer. The agreed measures will be implemented outside the period 1 December 2001 to 30 June 2002, in order to protect the badgers during the breeding season. A similar arrangement will apply in succeeding years while construction work is in progress on the site.

Mr Oliver Gibson asked the Minister of the Environment to detail (a) the proportion of new housing being constructed on brownfield sites; and (b) any plans to increase this amount.

(AQW 882/01)

Mr Foster: My Department undertakes an annual monitor of housing land availability in cities and towns throughout Northern Ireland. To date this has focused largely on the monitoring of lands zoned for housing in development plans, which under the prevailing approach to meeting housing need, have largely been on green fields. The Housing Land Availability Study has not, to date, differentiated between development on brownfield and greenfield sites, therefore, it is not possible to provide the information requested at (a).

However, you may be aware that the recently published Regional Development Strategy, which is the responsibility of the Department for Regional Development, has set a regional target of 60% of new urban housing to be constructed within the existing urban footprint. Specific sites will be identified through the preparation of development plans. Clearly, however, the potential for ‘brownfield’ development will vary according to the circumstances of each location.

The emphasis on ‘brownfield’ development is a major change in providing for future housing growth. My Department is now putting a system in place to monitor progress towards the regional target. It will involve extending the scope of theannual Housing Monitor currently undertaken by the Planning Service.

Mr Oliver Gibson asked the Minister of the Environment to detail the number of applications for CCTV funding that have been rejected in the last 2 years.

(AQW 884/01)

Mr Foster: In June 1999, the former Police Authority for Northern Ireland took the lead in promoting and administering a scheme called the "Town Centre CCTV Competition Challenge". District councils were encouraged to submit business cases, outlining how CCTV might benefit their area and compete for funding. The Department of the Environment had no direct involvement in the scheme and therefore, has no details of applications.

Mr Oliver Gibson asked the Minister of the Environment what progress he is making to reform the planning system; and to make a statement.

(AQW 885/01)

Mr Foster: My Department keeps the planning process under ongoing review. On 1 November 2001, the Planning Service announced a number of new measures aimed at enhancing transparency, including accessibility, for the benefit of all interested parties, including applicants, third party interests and the general public.

The key new measures include:

• letting people know the reasons for a planning decision;
• making representations on planning applications, including objections, openly available;
• making available details of consultation with District Councils;
• enhanced access to the planning application file;
• new measures to highlight disputed facts; and
• letting people know about the planning procedure.

These new measures will significantly enhance the customer focus of the Planning Service, and meet a commitment given under the Programme for Government.

This will complement a further Programme for Government commitment to review the operational planning system. My Department proposes to publish a discussion paper during January 2002, which will put forward proposals and invite views on the Planning Service’s three business areas, namely, Development Control; Development Plans; and Policy. The consultation process will be inclusive and wide ranging, seeking views from all interested parties on the planning system.

In addition, a number of measures are proposed in a Planning (Amendment) Bill, which I hope to introduce to the Assembly before the Summer recess in 2002, aimed at strengthening my Department’s existing enforcement powers, and giving primacy to development plans in deciding planning applications. The opportunity is also being taken to introduce other provisions to strengthen and improve the planning system in Northern Ireland.

Mr Derek Hussey asked the Minister of the Environment, pursuant to AQW 649/01, to detail the spend on sport and leisure facilities in terms of the relevant penny rate for each district council from 1998 to date.

(AQW 902/01)

* Expenditure figures, on which these data have been calculated, have not yet been certified by Local Government Audit Office.

Mr David Hilditch asked the Minister of the Environment to outline (a) how the £2million cut in the General Exchequer Grant from the local district councils meets the equality agenda; (b) will this cut be for one year only; and to make a statement.

(AQW 903/01)

Mr Foster: Following consultation on the draft budget for 2002/2003, the Executive reconsidered their original proposal to reduce the resources element of the General Exchequer Grant by £2m. The revised budget announced on 3 December 2001 restored the indicative allocation of £19.5m. The budget was approved by the Northern Ireland Assembly on 11 December 2001.

Mr Mitchel McLaughlin asked the Minister of the Environment if he has made any representations to HM Government in relation to public concern about safety at Sellafield; and to make a statement.

(AQW 910/01)

Mr Foster: As you are aware my Department has no jurisdiction over the operation of the Sellafield plant. The decision to approve the MOX plant was taken jointly by the Secretary of State for the Environment, Food and Rural Affairs and the Secretary of State for Health.

However I acknowledge the concerns that have been expressed about a range of potential safety risks from the operation of the MOX Plant. As I said in last week’s Assembly debate, my officials had written to their counterparts in the Department of the Environment, Food and Rural Affairs to seek confirmation that all relevant risks were fully taken into account in the MOX decision. DEFRA’s reply pointed to those parts of the decision document which dealt with the safety, security, environmental and health issues, and in particular to the advice from the Office for Civil Nuclear Security.

I have since written to Margaret Beckett, Secretary of State for the Environment, Food and Rural Affairs, copied to Patricia Hewitt at the Department of Trade and Industry. My purpose was to seek further information and assurance about the regulation of Sellafield and, in particular, about the security arrangements following the events of 11 September. I await their response.

I shall also ensure that the Northern Ireland considerations are fully taken into account when the Environment Sector of the British/Irish Council comes to discuss the paper on Sellafield being prepared jointly by the Irish and Manx Governments.

My objective is to be fully satisfied that Northern Ireland’s interests are sufficiently protected. To that end, I will convey to the Assembly as much of the information obtained in these exchanges as the constraints of national security will allow.

Mrs Iris Robinson asked the Minister of the Environment to detail (a) the current cost per unit that local district councils incur through the disposal of fridges and freezers; and (b) the future cost per unit after 1 January 2002.

(AQW 928/01)

Mr Foster: The information sought at (a) is not held centrally by my Department.

In relation to (b), in line with the requirements of EC Regulation 2037/2000, after 1 January 2002 district councils will be unable to dispose of fridges and freezers until equipment employing fridge destruction technology which satisfies the Regulation is available. At this stage the cost of disposal is unknown.

My officials are urgently examining this matter, in liaison with their counterparts in the UK Government, in order to establish standards for both interim storage and subsequent disposal of waste refrigeration equipment.

My officials will also shortly be meeting representatives from local councils to discuss the issues surrounding fridge destruction and to consult on the production of guidance documentation. This will in turn inform consideration of the cost of disposal.

Mrs Iris Robinson asked the Minister of the Environment to detail (a) the number of fridges and freezers which are disposed through local district councils each year; and (b) the breakdown of this figure in district council areas.

(AQW 929/01)

Mr Foster: The information sought at (a) and (b) is not held centrally by my Department.

However my officials are urgently examining issues surrounding the disposal of waste refrigeration equipment. This will include seeking to estimate the numbers of units involved.

In undertaking this work officials are liaising closely with their counterparts in the UK Government. They will also shortly be meeting representatives from local councils to consult on the production of guidance documentation. This will provide an opportunity to review estimates of the numbers of fridges and freezers involved.

Mrs Iris Robinson asked the Minister of the Environment to detail (a) the relevant European legislation which pertains to the disposal of fridges and freezers after 1 January 2002; and (b) what assistance he will give local district councils to store these fridges and freezers until they are safely disposed of.

(AQW 930/01)

Mr Foster: The relevant legislation is EC Regulation 2037/2000 which provides for new controls on ozone depleting substances.

Article 16 of the Regulation provides that with effect from 1 January 2002 the recovery, recycling and reclamation and destruction of such substances may be undertaken using only approved technologies.

This will have significant implications for district councils, particularly their current practice in relation to the collection and disposal of domestic fridges and freezers. At present there are no facilities in the United Kingdom capable of removing such substances from the insulating foam of fridges and freezers. This means that district councils may be required to store such items for an indefinite period prior to disposal.

Two councils have already written to my Department about the financial implications arising from the introduction of the new controls. My officials are looking urgently at the matter to gauge the extent of additional costs. Thereafter I shall wish to consider what action might be appropriate. At the moment there are no specific resources earmarked for this purpose.

Mr Mark Robinson asked the Minister of the Environment how many listed buildings were demolished in each of the last three years.

(AQW 944/01)

Mr Foster: One listed building was demolished in 1999, one in 2000 and three to date in 2001.

There was also partial demolition in 2001 of a building within the curtilage of a listed building.

In two of these cases prosecutions have successfully been taken. In one case Listed Building Consent was retrospectively issued for demolition. Enforcement action is being pursued in the three remaining cases.

Mr David McClarty asked the Minister of the Environment, in relation to the Programme for Government, to detail (a) his plans to implement a Sustainable Development Strategy; (b) when the consultation process will begin; (c) the proposed date for the implementation; and (d) who has been appointed to oversee the consultation process.

(AQW 998/01)

Mr Foster: (a) The Programme for Government 2001-2004 indicated that my Department planned to publish proposals for a Northern Ireland Sustainable Development Strategy in June 2001. A combination of delays in the recruitment of staff and other work load pressures, mainly mandatory EU compliance work, meant that it was not possible to meet that target date. However, a draft consultation paper has now been prepared and I plan to seek Executive Committee agreement shortly.

(b) Subject to Executive Committee agreement, I intend that the consultation process should begin early in the New Year.

(c) The Programme for Government 2002-2005 sets a target date for publishing a final Northern Ireland Sustainable Development Strategy of October 2002. This is a challenging target, the achievement of which will depend to a degree on the outcome of the consultation process.

(d) My Department will oversee the consultation process. However, the Sustainable Northern Ireland Programme, an organisation part-funded by the voluntary and local government sectors and my Department, has been asked to organise a number of seminars across Northern Ireland as part of the consultation. These are intended to provide an opportunity for a more participative approach to gathering views and comments. The outcome of these seminars will be fed into the consultation process.

Mr David McClarty asked the Minister of the Environment to detail, for each of the last 3 years within East Londonderry, (a) the current location of 'listed buildings'; (b) the number of buildings which have been given the designation of 'listed'; and (c) the number of 'listed buildings' which have been demolished.

(AQW 1000/01)

Mr Foster: There are currently 453 listed buildings in the East Londonderry constituency. The precise location of each of these listed buildings can be obtained through my Department’s Monuments and Buildings Record at the Environment and Heritage Service, 5-33 Hill Street, Belfast.

Two listed buildings in the area have been demolished within the last three years, one in 1999 and one in 2001. My Department’s Planning Service is currently pursuing enforcement action in both cases.

Mr John Dallat asked the Minister of the Environment to outline what arrangements are in place to assist learner drivers sitting the theory test who have literacy problems.

(AQO 531/01)

Mr Foster: Candidates who have difficulties with reading, learning or literacy are allowed up to twice the standard 40-minute time for the test.

The system also provides an audio version of each test that candidates can use if they wish.

By touching the appropriate area on the computer screen, the text is read to them automatically through headphones.

It is accepted that people with reading, learning or literacy problems may need to take longer to prepare for the test, and may need special support and assistance from those with expertise in the field. Appropriate training resources are widely available from commercial providers.

Mrs Annie Courtney asked the Minister of the Environment what regard do local planners have for the concerns of residents when considering development proposals.

(AQO 527/01)

Mr Foster: My Department recognises that individuals and groups have important contributions to make to the planning process, and aims to facilitate this by publicising planning applications through advertising and neighbour notification, and inviting representations.

The consideration process also includes consultation with local councils, who may request site meetings which objectors can be invited to attend.

All representations which raise relevant planning matters are given very careful consideration by my Department in determining planning applications. Additional measures were introduced on 19 November 2001 to improve accessibility to the planning process. These include; enhanced access to the planning application file; the public availability of all representations including objections and consultation responses; provision of additional information on disputed facts; public availability of Council planning application schedules; additional information on applications Deferred by Council; and the provision of reasons relating to planning application decision notices. These measures will help make the planning application process more easily accessible to all interested parties, including objectors. However, local opposition to a development proposal is not in itself sufficient reason for refusing planning permission. To make proper and lawful decisions, my Department must also take into account prevailing planning policies, including development plans and planning policy statements. Planning Policy Statement 1 provides guidance on this matter and advises that other material planning considerations, including size, layout, siting and design, and the proposed means of access, together with landscaping, impact on the neighbourhood and the availability of infrastructure must also be taken into account.

In addition, in cases where the special procedure laid down in Article 31 of the Planning (Northern Ireland) Order 1991 is applied, a public inquiry may be called.

Mr Jim Shannon asked the Minister of the Environment what discussions have taken place with reference to the EU Directive (2000/53/EC) on end-of life vehicles.

(AQO 494/01)

Mr Foster: The ELV Directive, which came into force on 21 October 2000, aims to reduce the amount of waste from end of life vehicles. It sets a deadline of 21 April 2002 for the requirements of the Directive to be transposed into national legislation.

A UK consultation document seeking comments on three implementation options for the End of Life Vehicles(ELV) Directive was issued in August 2001. Over 150 individuals and organisations in Northern Ireland were included in the consultation.

Three of those consulted in Northern Ireland responded to this consultation process. In light of the responses to the consultation paper, discussions are continuing within Whitehall, led by the Department of Trade and Industry, to determine the best legislative and implementation options for the UK as a whole. My officials have been and will continue to be involved in those discussions.

Mr David Ford asked the Minister of the Environment what discussions his officials have had with the Department of Agriculture and Rural Development on implementing Species Action Plans for the Irish Hare, Chough and Curlew.

(AQO 516/01)

Mr Foster: The Species Action Plans for the Irish Hare, Chough and Curlew were published in October 2000 by the Environment and Heritage Service of my Department. Most discussions between my Department and the Department of Agriculture and Rural Development on implementing the action plans take place in the context of meetings of the Steering Groups set up to oversee them. The Steering Groups comprise the relevant voluntary bodies and officials from the two Departments. A lead partner from each steering group convenes the meetings. The lead partner for Chough and Curlew is the Royal Society for the Protection of Birds. The lead partner for the Irish Hare is the Ulster Wildlife Trust.

The two lead partners have convened several steering group meetings to discuss work programmes for each action plan. Examples of work involving the two Departments include a large-scale study of the effects of predation on breeding Curlew, monitoring of the habitats used by Irish Hares and land management for Chough.

Ms Patricia Lewsley asked the Minister of Finance and Personnel whether he will give any guidance on the introduction of the Euro in January 2002.

(AQW 923/01)

The Minister of Finance and Personnel (Mr Durkan): The main impact of the introduction of the Euro in January 2002 will be its effect on businesses which will deal with the Euro currency. The NI Euro Preparations Forum, led by local business and financed and co-ordinated by the Minister of enterprise, trade and investment, has been engaged in an extensive marketing and Euro awareness campaign. This campaign will continue to be implemented over the next few weeks and into the early months of 2002. These activities include the issue of information leaflets, the organization of Euro seminars and press and media interviews.

Northern Ireland is likely to see higher levels of Euro cash use than most other parts of the UK. But there are no indications that levels of euro use will be any higher than levels of Irish pound use. Sterling and Irish pounds have also been used interchangeably in many border areas, and businesses that operate there tend to hold accounts in both currencies. Traders will simply have their Irish pound accounts converted into Euro accounts.

We are satisfied that the publicity arrangements we have made in advance of the effective date will ensure that business and their customers are well informed and aware of the issues which may affect them.

Dr Esmond Birnie asked the Minister of Finance and Personnel, pursuant to AQW 570/01, what is his assessment of the equity of exclusion for those groups who did not initially apply for Gap Funding and who are now subsequently excluded.

(AQW 926/01)

Mr Durkan: To ensure an early flow of funding from the new PEACE II Programme to groups on the ground, Departments were authorised by the Executive to make advance payments to projects which were judged very likely to be eligible under the new Programme. These arrangements were extended for those projects already in receipt of Gap Funding. The Gap Funding arrangements announced in February were available for all existing PEACE I projects and all groups were afforded equal access to this initial round of funding. All applications under the new PEACE II Programme will be open to any project/group whether in receipt of Gap Funding or not and all projects in receipt of Gap Funding will be required to make a full application under the Programme. There is no guarantee that any project which has been successful in a Gap Funding application will also be successful in a full application under either of the new Operational Programmes.

Mr Séamus Close asked the Minister of Finance and Personnel to detail (a) the underspend by (i) Departments; (ii) their agencies; and (iii) Non-Departmental Public Bodies in the year 2000-01; and (b) the underspend as a percentage of their total allocation.

(AQW 936/01)

Mr Durkan: The outturn information requested is set out in the table below. The figurework is based on Departmental Expenditure Limits (DEL) for each Department as this is the main control for managing public expenditure. It has also been split between the Assigned DEL, where there is the discretion to reallocate to other areas, and the Non Assigned DEL, which covers "ring fenced" expenditure which is not available for reallocation to other areas.