Mrs Iris Robinson asked the Minister of the Environment who is responsible for the enforcement of the Wildlife (NI) Order 1985, specifically in respect of the protection of badgers, and to outline if planning permission can be granted when there is no licence for the closure of a badger sett.

(AQW 868/01)

The Minister of the Environment (Mr Foster): The Wildlife (Northern Ireland) Order 1985 (the Wildlife Order) is administered by the Environment and Heritage Service (EHS) of my Department. Investigation of offences may be initiated by the EHS Wildlife Inspector but enforcement is the responsibility of the Police Service.

A developer has the responsibility for obtaining any licence which may be required under the Wildlife Order even where planning permission is granted for the relevant development.

When there is a badger sett on a development site, any planning permission is normally subject to conditions to protect them. These conditions are attached to the decision notice. If the conditions permit any disturbance of the animals or their sett, a licence is needed under the Wildlife Order before the work begins. The absence of a licence would not preclude the issue of a planning permission in such a case, only its implementation.

Mr Mark Robinson asked the Minister of the Environment what plans he has to increase the resources available to the Planning Services Enforcement Section.

(AQW 962/01)

Mr Foster: I have no immediate plans to increase the resources available for enforcement matters in the Planning Service. Additional resources were made available in 1998 to create dedicated enforcement teams throughout Northern Ireland. However, the adequacy of resources is something which is kept under regular review by my Department.

Mr Mark Robinson asked the Minister of the Environment what plans he has to increase the resources available to the Planning Appeals Section to reduce the timescale for resolving appeals.

(AQW 963/01)

Mr Foster: My Department does not have a Planning Appeals Section. Appeals are dealt with by the individual planning officers involved with the original planning decision.

Under Article 32 of the Planning (NI) Order 1991, all appeals are heard by the Planning Appeals Commission, an independent body set up by statute.

Responsibility for resourcing the Planning Appeals Commission rests with the Office of the First and Deputy First Minister.

Mr David Hilditch asked the Minister of the Environment to detail (a) the number of successful applications for prior approval to erect a mobile telecommunications mast, under Part 17 of Schedule I of The Planning (General Development) Order (NI) 1993; and (b) how many were refused in the last five years.

(AQW 967/01)

Mr Foster: Details of the number of prior approval applications granted and refused under part 17 of Schedule 1 of the Planning (General Development) Order (NI) 1993 over the last three years, are set out below:

Mr Oliver Gibson asked the Minister of the Environment what steps he is taking to address the nuisance of helicopter noise in Omagh District Council area.

(AQW 995/01)

Mr Foster: My Department has no remit in relation to helicopter noise. District Councils have powers to act in relation to noise nuisance, but this does not extend to noise from helicopters or aircraft.

It is assumed that the noise referred to is generated by military helicopter activity, in which case any complaints should be addressed directly to the Ministry of Defence's Civil Adviser at Civil Secretariat, HQNI, BFPO 825. Where loss, injury or damage has resulted from military flying in Northern Ireland, the Area Claims officer for NI, HQNI, BFPO 825 should be contacted.

Mr David McClarty asked the Minister of the Environment to detail the number of prosecutions, in the last 3 years, due to the demolition of 'listed buildings' within East Londonderry.

(AQW 999/01)

Mr Foster: There has been one prosecution arising from the unauthorised demolition of a listed building within East Londonderry during the last three years. The building known as "Chapelfield" at 59 Laurelhill Road, Coleraine was demolished without consent during June 1999. The case was heard before the Magistrates Court in Coleraine on 7 September 2001.

Mr Peter Weir asked the Minister of the Environment how much money he has allocated, in each of the last 3 years, for the Planning Aid Service of the Royal Town Planning Institute.

(AQW 1043/01)

Mr Foster: No money has been allocated by my Department to the Planning Aid Service of the Royal Town Planning Institute during the last three years. This Service was launched in Northern Ireland on 21 June 2000.

Mr Peter Weir asked the Minister of the Environment what plans he has to fund the Planning Aid Service of the Royal Town Planning Institute in the next financial year.

(AQW 1044/01)

Mr Foster: No funding has been sought by the Royal Town Planning Institute. If my Department is approached for funding I will, of course, ensure that any bid is considered carefully

Mr Peter Weir asked the Minister of the Environment how much money he has spent in bringing prosecutions for breach of Enforcement Notices, in each of the last 3 years.

(AQW 1045/01)

Mr Foster: The information requested is not readily available and could only be assembled at disproportionate cost to my Department.

Mr Peter Weir asked the Minister of the Environment how much money he has spent in bringing prosecutions for breach of Stop Notices, in each of the last 3 years.

(AQW 1046/01)

Mr Foster: There have been no prosecutions for breaches of Stop Notices issued during the period 1998/99 to 2000/01.

Mr Peter Weir asked the Minister of the Environment how much money he has spent in legal fees, in each of the last 3 years.

(AQW 1047/01)

Mr Foster: The information required to identify legal fees associated with Stop Notices and Enforcement Notices in each of the last three years is not available from my Department's financial records.

Mr Oliver Gibson asked the Minister of the Environment what structures are being put in place to help local councils achieve their Waste Management Plans as outlined in the Programme for Government.

(AQW 1053/01)

Mr Foster: The Programme for Government emphasises the priority which the Executive is giving to the reduction, recycling and safe management of waste. To bring about effective strategic waste management planning, regional co-operation is essential.

My Department encouraged the District Councils to form three partnership groups which have produced pre-consultation waste management plans. These plans have been reviewed by my officials and advice and guidance have been offered to the groups before the plans go out to public consultation. To help to promote an informed public debate, my Department has appointed an agency to supply advertising, media buying and related services for a public awareness campaign. This campaign will begin at the same time as the proposed launch, in February 2002, of the public consultation stage of the Councils' waste management plans. I am also pleased to announce that my Department advertised in December 2001 for interested parties to develop a schools' education programme. It is hoped to conclude this, and appoint an Education Officer to assist with the programme, before the end of January 2002.

In addition, my Department has established a Waste Management Advisory Board to help promote the Northern Ireland Waste Management Strategy and offer help and guidance to all the key stakeholder groups including Councils. The Board will also oversee the introduction and development of a Market Development Programme to help stimulate the demand for recycled materials and products.

Mr Mark Robinson asked the Minister of the Environment what legislation, regulations and guidance relating to environmental protection and public safety, must a local authority take into account when considering a planning application.

(AQW 1062/01)

Mr Foster: My Department is the sole planning authority in Northern Ireland with statutory responsibility for determining planning applications. Under Article 20 (2) of the Planning (NI) Order 1991, the Department must consult with the relevant district council before making a determination. However, the final decision rests with the Department.

It is ultimately up to each district council to decide what regulations and guidance it takes into account when considering planning applications presented to it by the Department.

Mr Mark Robinson asked the Minister of the Environment , in regard to members of the public who have lodged objections to a planning application, what assistance is available to enable them to prepare for and appear at a public inquiry.

(AQW 1063/01)

Mr Foster: Assistance is available from Community Technical Aid (CTA), an independent voluntary organisation which assists disadvantaged community groups to participate in various aspects of the planning process, including public inquiries. CTA is part funded by my Department. Assistance is also available from Planning Aid of the Royal Town Planning Institute to individuals and community groups. This organisation is also independent of my Department.

Mr Mark Robinson asked the Minister of the Environment how he is promoting public participation in the planning process in recognition of local concerns.

(AQW 1088/01)

Mr Foster: My Department is fully committed to facilitating public participation in all aspects of the planning process including development planning and development control.

With regard to the preparation of development plans, the process provides for consultation with the public and local councils during the plan preparation process, up to publication of the draft plan. My Department is piloting in development plans currently in hand, improvements to processes to enhance the opportunities for local people and elected representatives to raise local concerns. We have introduced an 'Issues Paper' stage early in the plan preparation process intended to act as a means to guide and encourage debate and discussion with local communities on the issues in the local area. In addition we are appointing for each development plan independent consultants to draw in the views of the public and community groups. To facilitate this consultation a series of public meetings are held at which local concerns can be expressed.

This process has already been followed in the course of preparing three area plans covering the five Council Areas of Ards/Down, Magherafelt, Banbridge/Newry & Mourne. Early feedback suggests this approach to be well received and worthwhile. A similar process is now being followed for three other area plans:- Belfast Metropolitan Area Plan, Northern Area Plan and Antrim/Ballymena/Larne Area Plan. Through this approach, the public will have a much greater opportunity to make an input, and influence the content of development plans for their local areas.

After publication of the draft plan there will be further opportunity to lodge objections to the proposals and to have these considered at an Independent Public Inquiry. In relation to development control and the processing of planning applications, my Department has recently introduced a number of administrative measures aimed at enhancing transparency and improving accessibility to the planning process. This will benefit all interested parties, particularly members of the public who are concerned about development proposals. This includes an explanation of all the key stages in the planning application process and how further information can be made accessible to assist full participation in the process. Any member of the public who comments on a planning application will also be provided with reasons for any subsequent planning decision.

Mr David McClarty asked the Minister of the Environment to detail the number of individual new apartments with planning approval in Coleraine Borough Council area, in each of the last 5 years.[R]

(AQW 1093/01)

Mr Foster: The number of individual new apartments in the Coleraine Borough Council area which gained planning permission in each of the last 5 years is:

1997 = 128

1998 = 263

1999 = 399

2000 = 327

2001 = 74 (to date)

During the same 5 year period, planning permission was refused for a total of 200 individual new apartments.

Mr Ken Robinson asked the Minister of the Environment what steps he is taking to monitor the impact of noise levels associated with the Moyle Interconnector on residential areas in Islandmagee; and to make a statement.

(AQW 1105/01)

Mr Foster: In granting outline planning approval for the Moyle Interconnector, my Department imposed 3 conditions relating to noise. These conditions applied to the noise generated during construction, the noise emitted during normal operations of converter station site, and a condition designed to minimise the disturbance to nesting birds and their young during cable laying operations.

The Environmental Health Department of Larne Borough Council is the statutory body with responsibility for noise pollution. If the Council draws matters of concern regarding the interconnector to my Department's attention, then action to enforce the relevant planning conditions can be considered. However, to date Planning Service has not received any specific noise complaints.

Mr David Hilditch asked the Minister of the Environment to detail (a) the cost of and (b) to whom he is providing hospitality during the month of December 2001.

(AQW 1108/01)

Mr Foster: My Permanent Secretary and I hosted a Christmas reception for my senior officials and others in my Department who have worked closely with us over the year. The cost of the event was £378.

Mr Oliver Gibson asked the Minister of the Environment what steps he is taking to encourage the public, private and voluntary sectors to form partnerships in respect of the UK Sustainable Development Strategy as outlined in the Programme for Government.

(AQW 1131/01)

Mr Foster: The UK Sustainable Development Strategy, published in 1999, recognised that the devolved administrations in Scotland, Wales and Northern Ireland had the opportunity to deliver policies for sustainable development which reflect their institutions, landscape, culture and way of life.

In Northern Ireland, the Programme for Government states that sustainable development will be a key theme running through the Executive Committee's work and priorities. With the adoption of 'Promoting Sustainable Living' as a cross-cutting theme and pursuing priorities such as 'Growing as a Community', 'Working for a Healthier People' and 'Securing a Competitive Economy' there is a platform of existing and developing strategic policies which reflect sustainable development principles and which take an integrated approach to tackling issues.

However, I recognise that there is still a need to promote greater participation by as many sectors, groups and individuals as possible. I will therefore be launching for consultation early in the New Year, proposals for a Northern Ireland Sustainable Development Strategy. This is the start of a process designed to encourage all sectors and all levels of society to become involved in the sustainable development debate.

My Officials will oversee the consultation process. However, we have engaged the Sustainable Northern Ireland Programme (SNIP) to organise a series of sectoral and sub-regional 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. SNIP is also helping to organise a major conference planned for March 2002 as part of the process. The outcome of these seminars and the conference will be fed into the consultation process.

In addition the my Department is co-funding with the Special EU Programme Body to deliver a co-ordinated programme of training and capacity building on Sustainable Development to Board Members and staff of the Local Strategic Partnerships. The objective of the training packages, which are being delivered by SNIP, is to ensure that the principles of sustainable development are reflected in local integrated development planning under the Peace II Programme.

Mr David Hilditch asked the Minister of the Environment to give his assessment of the current driving test in relation to the increasing numbers of accidents and fatalities.

(AQW 1138/01)

Mr Foster: The current test reflects the balance that needs to be struck between the demands of people for mobility and access to transport, on the one hand, and for safer roads, on the other. It represents a minimum standard designed to ensure that candidates have a basic level of competence before they are allowed to drive unaccompanied on public roads, and as such it has served its purpose reasonably well over a long period.

When the test was introduced in 1956 there was one road traffic collision for every 45 vehicles on the road in NI each year. The figure for 2000 was around one collision for every 87 vehicles. While there is clearly no room for complacency, there has been significant improvement, and the test has played its part in that process.

The test is also developing and evolving. The theory element of the test was introduced in 1996, while in 1999 the length of the practical test was increased and testing on a wider range of roads was introduced. Further changes, such as the introduction of hazard perception testing, are also being considered.

My Department's Driver & Vehicle Testing Agency works closely with the Driving Standards Agency in Great Britain and with the international driving test committee in Europe to ensure that high and consistent standards of testing are maintained and that the testing regime in NI compares favourably with the equivalent arrangements elsewhere.

Mr David Hilditch asked the Minister of the Environment what support is available to the congregation of the Methodist Church, West Street, Carrickfergus to enable them to carry out repairs or renovations to this listed building.

(AQW 1140/01)

Mr Foster: The Methodist Church, West Street, Carrickfergus, is a grade B listed building. Under the Department's grant-aid policy, grade B church buildings are not eligible for listed building grant-aid.

For as long as the Church remains listed, it may be eligible for a grant under the Listed Places of Worship grant scheme, equivalent to 12.5% of VAT levied on the costs of grant-eligible repairs conducted since 1 April 2001. However, the church is in a very poor structural condition and the Department is proposing to de-list it. Once de-listed, grant under the Listed Places of Worship scheme would not apply.

Mr Jim Shannon asked the Minister of the Environment to amend planning legislation to include small house extensions as permitted development.

(AQW 1169/01)

Mr Foster: Current planning legislation already permits the carrying out of small alterations and extensions to houses and property without requiring planning permission.

However as part of its commitment under the Programme for Government my Department is currently reviewing planning processes in its key business areas including development control. The review will, among other things, examine the scope of the current permitted development rules. As an important element of the review my Department expects to issue a consultation paper soon, inviting comments from the public and all interested parties.

If, following the review, it is decided to amend particular planning processes requiring legislative change, then I will bring forward the necessary legislation in the Assembly.

Mr David McClarty asked the Minister of the Environment what plans he has to limit apartment developments in coastal resorts.

(AQW 1172/01)

Mr Foster: It is my Department's responsibility to zone sufficient land to accommodate the housing growth of each District Council Area as anticipated by the Regional Development Strategy which was recently formulated by the Department for Regional Development.

My Department has commenced preparation of development plans which will cover all of the Northern Ireland Coast from Limavady to Newry and Mourne. These policy based plans have a key role in the implementation of the Regional Development Strategy. They are at various levels of preparation and will highlight the major planning concerns to be addressed in each district. The development plan process provides local communities with an opportunity to comment and influence the future development of their areas, including the location of housing growth. The plan making process will allow issues such as the development of apartments in coastal resorts to be considered. At least some of the pressure for apartments in coastal locations results from pressures for second homes. This issue is specifically covered by the Regional Development Strategy at SPG HOU 6.4. This provides that settlements and areas under pressure from second home development could be identified in development plans. It specifically recommends the development of a set of criteria through the development plan process by which the capacity of a small town or village to absorb new second home development can be evaluated, and also that consideration be given to the need for local planning policies in this area.

A key element of the Regional Development Strategy is to promote a concerted housing drive within urban areas. The Regional Development Strategy also recognises the need to avoid 'town cramming' and my Department has put into place a new policy framework for assessing planning applications for apartment and other housing proposals to meet this requirement. Within this context my Department has prepared a Planning Policy Statement 7 - Quality Residential Environments, (published in June 2001), which requires developers to provide high quality proposals which are sympathetic to the existing character of an area. It also makes provision for development plans to identify local design requirements for new residential development, whether they be housing or apartment development.

My Department has also published in draft for public comment Development Control Advice Note 8, Small Unit Housing. This will provide specific guidance on proposals for apartment development. While it will not set policy, it will give guidance to developers on the physical form of housing development, including apartments, and on the relationship with surrounding properties.

In addition, I understand that the Department for Regional Development is preparing a Regional Planning Policy Statement on "Housing in Settlements". Normal consultation arrangements will provide the opportunity for input by the public and elected representatives to the development of planning policies for housing.

Mr Mark Robinson asked the Minister of the Environment (a) what plans he has to upgrade the enforcement section of the Planning Service; and (b) if these plans would include more responsibility for district councils.

(AQW 1250/01)

Mr Foster: I answered the first part of your question under AQW 962 on 7 January 2002. District Councils have no statutory authority to enforce planning law and cannot be given responsibility in this area without enabling legislation. I have no plans to introduce such legislation at this time.

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