(AQW 1523/01)

The Minister of the Environment (Mr Foster): My Department does not maintain historical information on staff transfers requested and granted. However the number of full-time employees in the Agency currently seeking a transfer to another Department is 29. This represents 7% of the Agency’s staff complement.

Staff requests for transfer to another Department are managed through the Northern Ireland Civil Service Central Transfer List. I understand, however, that the Central Transfer List system does not maintain historical information on the numbers of applications received, or transfers made.

(AQW 1524/01)

Mr Foster: The Police Service of Northern Ireland (PSNI) which is responsible for the collection of road traffic collision statistics in Northern Ireland, has advised that there have been no recorded collisions during the period 1 April 1996 – 31 March 2001 (the last period for which detailed statistics are available) involving pedal cycles having no lights, nor insufficient or defective lights.

During that period there were 1510 collisions involving pedal cyclists resulting in 1534 pedal cycle casualties.

Details of collisions are as follows: -

(AQW 1538/01)

Mr Foster: The average waiting time for a vehicle test at each of the Driver & Vehicle Testing Agency’s test centres in week ending 26 January 2002 was as follows.

(AQW 1539/01)

Mr Foster: The average waiting time for a driving test at each of the Driver & Vehicle Testing Agency’s test centres in week ending 26 January 2002 was as follows.

(AQW 1540/01)

Mr Foster: The current average timescale for processing a Public Service Vehicle Driving Licence (Taxis) is eight weeks.

The current average timescale for processing a Public Service Vehicle Driving Licence (Buses) is eight weeks where a medical condition requires investigation. Where there are no medical conditions a first application may be issued in six weeks and a renewal of an application in three weeks.

These timescales reflects the fact that some of the processes associated with the issue of such licences are outside the control of the Department.

(AQW 1541/01)

Mr Foster: The current timescale to process a Public Service Vehicle Licence at each vehicle test centre is not currently measured as an end-to-end process.

When applications are received they are processed initially by Driver and Vehicle Licensing, Northern Ireland. Applications are then passed to the Driver & Vehicle Testing Agency for arrangement of the roadworthiness test. The Agency is currently meeting its target of 19 days for this stage of the process.

When the roadworthiness test has been completed the application is returned to Driver & Vehicle Licensing Northern Ireland for the issue of a Public Service Vehicle Licence. The target set for this stage of the process is to issue 90% of licences within 21 days of receipt of all documentation. Currently 92% are completed within this timescale.

(AQW 1557/01)

Mr Foster: My Department has paid £45,000 to the North West Region Cross Border Group and has offered £82,000 to the Eastern Region Waste Management Group to assist with the development of their Waste Management Plans.

In addition, I have recently approved a waste management grant scheme that will disburse £2m to Councils in the current financial year, from my Department’s remaining £2.5m waste management budget.

My Department proposes to spend the remaining £0.5m on further waste data surveys, on extending the GB Waste to Resources Action Programme (WRAP) to Northern Ireland, on a public awareness campaign associated with the public consultation stage of the Councils’ Waste Management Plans, and on education.

The allocation in my Department’s budget for 2002/03 is £7.4m. I have not yet taken a decision on how much of this allocation will be provided to District Councils and how much will be applied to other waste management activities. Whilst it is intended that future funding for waste management will be disbursed in a broadly similar way to this year’s scheme, the detail of any future scheme will be informed by experience of the current scheme.

(AQW 1579/01)

Mr Foster: Operational policy in relation to traffic speed cameras is a matter for the Chief Constable of the Police Service of Northern Ireland. My Department is responsible for co-ordinating a strategic approach to road safety by the local departments and agencies involved, including the Police Service. This includes tackling the major causes of deaths and serious injuries on our roads; namely, excessive and inappropriate speed, drink-driving and failure to wear seatbelts.

The effectiveness of speed cameras as a deterrent to speeding is already well established. It is clear that increased use of cameras to detect excessive speed, properly targeted at locations with a history of speed related casualties, is highly effective in reducing the number and severity of road collisions.

In April 2000, pilot schemes for new funding arrangements for the use of safety cameras (speed cameras and red light running cameras) began in eight police areas in Great Britain. The schemes permitted the cost of operating fixed and mobile safety cameras to be netted off the fixed penalty fines for speeding and red light offences detected by those cameras. The pilot schemes showed a significant reduction in the number of collisions and casualties at safety camera sites. Consequently the Department of Transport, Local Government and the Regions announced in August 2001 that the cost recovery scheme for safety cameras would be extended throughout Great Britain over the following three years.

My Department is currently in discussion with the Police Service of Northern Ireland, the Department for Regional Development’s Roads Service and other departments and agencies in Northern Ireland, on how best the lessons from the pilot Safety Camera Netting- Off Schemes in Great Britain can be applied in Northern Ireland.

(AQW 1604/01)

Mr Foster: No datasets exist, at District Council level or at Northern Ireland level, to analyse the impact on the Section 75 sexual orientation category of proposals for a new formula for distribution of the resources element of General Exchequer Grant. At the screening stage of the assessment, however, a potential differential impact in this area was not identified. This was confirmed by the fact that no difficulties were raised by any of the groups representing the sexual orientation category who were consulted about the proposals. Efforts would have been made to collect data by survey, research or consultation if a differential impact had been anticipated.

Gaps in data relating to Section 75 Groups, such as sexual orientation, which raises confidentiality problems, are being addressed by the Department’s Equality Scheme and cross-departmentally.

(AQW 1612/01)

Mr Foster: My Department has powers under the Planning (NI) Order 1991 to take proceedings against any person who displays advertisements in contravention of the Planning (Control of Advertisements) Regulations (NI) 1992.

'Planning Policy Statement 9 - The Enforcement of Planning Control', states that the Department has a general discretion to take enforcement action against a breach of planning control when it regards it as expedient to do so, having regard to the provisions of the relevant development plan and any other material consideration.

My Department’s Planning Service is aware of the growing extent of this problem and has commenced enforcement action on a number of cases to seek the removal of a number of unauthorised signs.

My colleague Peter Robinson, the Minister for Regional Development, has advised that, where advertising hoardings are erected illegally on Roads Service property, or adjacent to special roads, his Department’s Roads Service will normally take action in an attempt to secure their removal under Articles 87 and 21 respectively of the Roads (NI) Order 1993.

(AQW 1615/01)

Mr Foster: A total of £6,703.00 was paid directly to W & G Baird by DOE for printing since devolution (ie between 1 December 1999 and 31 December 2001).

The individual amounts paid were as follows:

Due to the value of individual invoices no formal tendering was required as this is only mandatory where the value of the purchase exceeds £15,000 (in accordance with EHS Purchasing Procedure as approved by NI Audit Office and Internal Audit).

During the period in question DOE sourced a number of contracts through the Government Purchasing Agency (GPA). A number of these were placed with Corporate Document Services, a member of the W & G Baird Group. As DOE had no direct involvement in the placing of these contracts we are unable to provide the detailed breakdown sought.

(AQW 1630/01)

Mr Foster: The Regional Development Strategy sets an aspirational target of 60% of new urban housing growth in Northern Ireland to be accommodated within the existing urban areas. The potential for achieving the target for individual houses will be assessed through the development plan process using urban capacity studies.

There is no corresponding target for the distribution of industrial land between brownfield and greenfield sites. The suitability of individual sites will be assessed against all prevailing and relevant planning policies which embody the principles of sustainability and New Targeting Social Need.

In emerging development plans the focus will be on sites within the urban fabric in line with the Regional Development Strategy by adopting a sequential approach to the allocation of land for housing which uses a search sequence focused first on the reuse of previously developed land and buildings and consideration of previously undeveloped land within the existing urban area before deciding the location and scale of settlement extensions on greenfield sites.

The suitability of individual sites for housing will be assessed against all prevailing and relevant planning policies. Planning Policy Statement 7 – Quality Residential Environments – provides a policy context against which proposals for housing will be considered including their relationship with existing development. This embodies the Government’s commitment to sustainable development and the Quality Initiative.

(AQW 1631/01)

Mr Foster: Consultancy work in relation to the preparation of the Belfast Metropolitan Area Plan (BMAP) is projected to cost some £400,000 over an 18 month period which started in October 2001.

This work includes specialist research into areas such as retailing, the office sector, urban design, tourism, built heritage and housing. It also involves provision for an inclusive and wide-ranging consultation process, which is necessary to ensure the public have an opportunity to influence the plan making process.

(AQW 1632/01)

Mr Foster: The final Regional Development Strategy prepared by the Department for Regional Development sets a target that 60% of urban housing growth in NI should be provided within the limits of existing urban areas. Potential housing sites within existing urban areas include both undeveloped lands and ‘brownfield’ sites.

For planning purposes my Department defines ‘brownfield’ sites as lands which have been previously developed for other uses and which have potential for reuse for other purposes, in particular housing use; and buildings which are now redundant and available for redevelopment or conversion.

I understand that the Department for Regional Development will be giving consideration to a more precise definition of ‘brownfield’ in the context of the preparation of a Planning Policy Statement on Housing and Settlements. My Department will input to that process.

(AQW 1639/01)

Mr Foster: The Regional Development Strategy has set a regional target that 60% of housing growth should be provided within existing urban areas. The capacity of individual cities and towns is assessed through the development plan process by the preparation of urban capacity studies.

An Urban Capacity Study is presently being carried out as part of the preparation of the Belfast Metropolitan Area Plan.

To achieve the RDS objective of maximising the output of new housing from existing urban areas, it requires the endorsement of the statutory process. It will therefore form part of the Draft Plan which is due to be published before 31 March 2003.

Given its relationship to the process of identifying and zoning lands for development, it would be inappropriate to release the Study in advance of the publication of proposals.

(AQW 1640/01)

Mr Foster: An urban capacity study is being carried out by my Department in the context of the preparation of the Belfast Metropolitan Area Plan. This study is being conducted to ascertain the potential of existing urban areas within the Belfast Metropolitan Area to accommodate new development. It will form part of the draft Plan, which is due to be published before 31 March 2002.

(AQW 1664/01)

Mr Foster: My Department has no direct responsibility for the promotion of the Ulster Way. This is mainly within the remit of those district councils through whose area the route passes. I understand that some councils promote their individual sections. I understand also that the Northern Ireland Tourist Board promotes the route in some of its publications.

My Department has a general role in promoting and facilitating sustainable access to the countryside and is therefore concerned about the future viability of the Ulster Way, including the fact that it currently has no managing body or structure. To address this and other issues, a study has been commissioned through the Countryside Access and Activities Network, an independent body, and this is expected to begin soon. All interested organisations and individuals will be invited to contribute their views through a widely publicised consultation process. You may find the enclosed copies of a recently-produced information leaflet helpful.

(AQW 1668/01)

Mr Foster: The developer will contact EHS before the start of any works on the site.

An EHS representative will be present at the start of the work and will ensure that the agreed measures are undertaken to ensure the safety of the badger sett.

The EHS representative will visit the site during the construction of the reinforced concrete base to monitor the progress of the work.

Any breaches of the agreed conditions that constitute an offence under the terms of the Wildlife (Northern Ireland) Order 1985 will be reported immediately by telephone to the PSNI.

(AQW 1685/01)

(a) The demolition of the following listed buildings (or parts of same) has been authorised by the Department in the last five years:

(b) The following listed buildings were demolished without the Department’s authorisation in each of the last five years:

(AQW 1686/01)

Mr Foster: Details of the number of listed building consent applications which have been lodged with the Planning Service in each of the last five years are set out below:

(AQW 1687/01)

Mr Foster: Under the Planning (NI) Order 1991, my Department is charged with listing buildings of "special architectural or historic interest". The criteria used for listing buildings are published in my Department’s Planning Policy Statement 6: ‘Planning, Archaeology and the Built Heritage’. These criteria are similar to those used by English Heritage.

The merits of each building are measured against these listing criteria and against comparable buildings; and they are assessed by Environment and Heritage Service conservation architects, with a view to a listing proposal. The proposal is then subject to statutory consultation with the Historic Buildings Council and the relevant district council, before my Department makes a final decision.

(AQW 1688/01)

Mr Foster: The Second Survey of Historic Buildings in Northern Ireland began in 1997. It assesses the status of currently listed buildings, and those buildings which are potentially worthy of listing, on a ward by ward basis.

The Second Survey is much more detailed than the First, which took 20 years to complete. The current and forthcoming years’ targets are to process historic buildings data from 20 wards. It is estimated, based on experience and current resources, that it could take up to 20 years to complete the Second Survey.

In parallel, my Department carries out ad-hoc surveys on buildings which may merit listing. These surveys arise as a result of visits by my Department’s conservation architects, or requests from owners, members of the public or interested bodies.

(AQW 1692/01)

Mr Foster: Individuals appointed to public bodies by my department are expected to be fully committed to the principles, values and standards of public life and be prepared to perform their duties accordingly.

They receive a copy of the HM Treasury paper 'Guidance on Codes of Best Practice for Board Members of Public Bodies'. It is made clear that they are expected to demonstrate impartiality, integrity, objectivity, good faith and act in the best interests of the public body.

(AQW 1747/01)

Mr Foster: The Belfast Metropolitan Area Plan (BMAP) will be developed within the context of the Regional Development Strategy (RDS) for Northern Ireland which sets out a clear structure for the future development of the Metropolitan Area.

The plan will develop this framework by identifying specific locations for future land use zonings and formulating appropriate planning policies. Policies and proposals as they emerge will be discussed with both the Belfast Metropolitan Area Plan Political Group and Steering Group and the 6 Councils in the Plan area, before the publication of the draft plan.

Following a review of development planning, which aimed to streamline the process and minimise delay in Plan preparation in order to ensure the provision of full up-to-date area plan coverage for Northern Ireland by 2005, the Department decided to replace the preliminary proposals stage of development plans with the publication of an Issues Paper. Area Plan consultation is now focused around the Issues Paper and involves public meetings throughout the Plan area at which everyone has the opportunity to express their views and hence influence the Plan preparation process. The Department has appointed consultants to draw in the views of the public to this process and 37 public meetings are being held as part of this consultation exercise.

Given the framework planned by RDS and the extensive consultation exercise the Department considers that an Options Paper would not add meaningfully to the Plan preparation process. Rather it would delay the BMAP process and indeed the overall timescale for completion of the Department’s Plan Programme. Up-to-date area plan coverage is essential to ensure that there is sufficient development land to sustain the growth of the Northern Ireland economy. The Programme for Government commits the Department to publish 7 development plans in Draft form by the end of March 2003. BMAP is one of these.

(AQW 1770/01)

Mr Foster: Four professional planning officers have formal architectural qualifications.

(AQW 1788/01)

Mr Foster: I have no plans at present to make it compulsory for district councils to employ litter wardens.

The offences of leaving litter or permitting dogs to foul in prescribed places are defined in Articles 3 and 4 of the Litter (Northern Ireland) Order 1994. District councils may appoint "authorised officers" to enforce the penalties under these Articles. The "authorised officers" have powers to institute proceedings through the Magistrates Court or issue fixed penalty notices to persons whom they believe have committed an offence. The maximum fine for littering is £2500, dog fouling is £500 and the fixed penalty for both offences is £25.

(AQO 736/01)

Mr Foster: The main policy guidance for renewable energy including land based wind farms is contained in 'A Planning Strategy for Rural Northern Ireland'. This states that Government policy is to stimulate the exploitation and development of renewable energy sources wherever they have prospects of being economically attractive and environmentally acceptable.

In respect of land based wind farms, the Strategy states that they will be assessed in respect of their implications for the visual, ecological and historic landscapes; the implications for agriculture; and the safety and amenity of local residents. It also makes it clear that permissions will not be granted within, or in any location where they would have a seriously detrimental impact on the amenity of, an Area of Outstanding Natural Beauty or any area designated for its conservation, scientific, archaeological or historic interest.

Consultation on land based wind farm proposals will normally include the Environmental Health Department of the relevant local Council, my own Department’s Environment and Heritage Service, the Department for Regional Development’s Roads and Water Services, the Ministry of Defence, and the Civil Aviation Authority.

In addition, in certain circumstances under the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 my Department may require an Environmental Statement in respect of a proposal for a land based wind farm.

Although a planning application is not required for an offshore development, any proposal for offshore wind generators will be subject to the Food and Environment Protection Act licensing process. In the UK, a licence would be required under Part 2 of the Food and Environment Protection Act 1985 (FEPA). In Northern Ireland, the licensing authority is the Environment and Heritage Service. The applicant would be required to produce an environmental assessment of the possible impacts to the marine environment. The application will also be subject to full consultation.

The full environmental impact analysis would be made available to Department for Enterprise, Trade and Investment whenever the Article 39 consent is being considered.

(AQO 759/01)

Mr Foster: A total of 442 applications for rural dwellings in the open countryside received planning approval in the Fermanagh District Council area in 1999, 528 received approval in 2000, and 452 received approval in 2001.

83% of applications received for rural dwellings in the open countryside in the Fermanagh District Council area were approved in 1999. In the years 2000 and 2001, 82% of such applications were approved.

These figures exclude villages and hamlets.

(AQO 731/01)

Mr Foster: EU environmental policy has a major influence on many of my department’s activities and EU directives govern a significant element of local environmental legislation. It is important therefore for my staff to be aware of how the EU operates and of key developments.

Relevant secondment opportunities are circulated within my department. However, the benefits to be gained from these opportunities have to be weighed against the costs, both in terms of finance and also the loss of key members of staff. These costs can be very significant.

DFP and OFMDFM are currently working with all of the Northern Ireland departments to develop a new secondment policy. We are contributing to this review and will consider actions once it is completed. We are also looking at alternatives to secondments which might deliver some of the benefits, without the high associated costs.

(AQO 723/01)

Mr Foster: In April 2000, pilot schemes for new funding arrangements for the use of safety cameras began in eight police areas in Great Britain. The schemes permitted the cost of operating fixed and mobile safety cameras to be netted off the fixed penalty fines for speeding and red light offences detected by those cameras. The pilot schemes showed a significant reduction in the number of collisions and casualties at safety camera sites. Consequently the Department of Transport, Local Government and the Regions announced in August 2001 that the cost recovery scheme for safety cameras would be extended throughout Great Britain over the following three years.

My Department is currently in discussion with the Police Service of Northern Ireland, the Department for Regional Development’s Roads Service and other departments and agencies in Northern Ireland, on how best the lessons from the pilot Safety Camera Netting- Off Schemes in Great Britain can be applied in Northern Ireland.

This is not a straightforward matter. There are complexities arising from the different administrative structures in Northern Ireland, as well as the legal and constitutional arrangements under which some of the functions involved have been transferred to the devolved administration while others remain excepted or reserved to the United Kingdom Government. Nevertheless, I am determined that these complexities should be resolved so that Northern Ireland can benefit from the road safety improvements that safety cameras can provide.

I must emphasise, however, that excessive speed remains a major cause of road collisions in Northern Ireland. While safety cameras have a vitally important role to play in reducing deaths and serious injuries on our roads I would urge all drivers, at all times, to obey speed limits and reduce speed to suit prevailing conditions.

(AQO 744/01)

Mr Foster: The revised planning regulations with respect to telecommunications development, including masts, will be brought forward in late February or March 2002 and are expected to take effect in April 2002.

The majority of telecommunications development is currently dealt with through the Prior Approval system as laid down in the Planning (General Development) Order (NI) 1993 as amended. Guidance on this system is contained in Development Control Advice Note 14 – second edition, published in May 2000. This encourages the sharing of masts and other structures where appropriate.

At the same time as introducing the new legislation, I will publish a revised Planning Policy Statement on telecommunications, a draft of which issued for consultation in November 2000. This seeks to ensure that all new telecommunications apparatus, including masts, are developed at locations, or in ways, which minimise environmental and visual impact. Considerable importance is attached to keeping the numbers of radio and telecommunications masts, and the sites for such installations, to a minimum.

(AQO 760/01)

Mr Foster: The revised planning regulations with respect to telecommunications development, including masts, will be brought forward in late February or March 2002 and are expected to take effect in April 2002.

The majority of telecommunications development is currently dealt with through the Prior Approval system as laid down in the Planning (General Development) Order (NI) 1993 as amended. Guidance on this system is contained in Development Control Advice Note 14 – second edition, published in May 2000. This encourages the sharing of masts and other structures where appropriate.

At the same time as introducing the new legislation, I will publish a revised Planning Policy Statement on telecommunications, a draft of which issued for consultation in November 2000. This seeks to ensure that all new telecommunications apparatus, including masts, are developed at locations, or in ways, which minimise environmental and visual impact. Considerable importance is attached to keeping the numbers of radio and telecommunications masts, and the sites for such installations, to a minimum.

(AQO 728/01)

Mr Foster: Work is likely to commence on the preparation of a single area plan for the Districts of Omagh and Strabane, to be called the West Tyrone Area Plan, in spring 2002.

Responsibility for undertaking the early stage of the preparation will rest with Planning Service Headquarters, who are currently working on other development plans.

Following completion of this early stage of preparation, responsibility for undertaking all remaining stages will pass directly to the Omagh Divisional Planning Office.

(AQO 754/01)

Mr Foster: Badgers and their underground tunnels or setts are protected under the terms of the Wildlife (NI) Order 1985. Any disturbance of badgers, damage to or destruction of a sett may only be carried out under licence from the Environment and Heritage Service.

Planning Service consults the Environment and Heritage Service on nature conservation issues relative to development proposals. When there is any indication that badgers are present on a proposed development site, EHS, through Planning Service, request the developer to commission a specialist badger survey.

The restrictions relating to these two developments were imposed following the usual consultation with the Environment and Heritage Service, and are site specific in that they reflect the particular characteristics of each site.

At the Cloughey site, because the badger sett and the "no development zone" extend across the whole of the access to the site, a concrete deck which completely bridges the sett has been approved.

At 33 Massey Avenue, the development plans have been modified so that the "no development zone" around the badger sett will remain intact and unaffected by the development.

In addition, the proposed development scheme was reduced from six apartments to three to take account of the sett.

(AQO 733/01)

Mr Foster: My Department has to date paid £45,000 to the North West Region Cross Border Group and has offered £82,000 to the Eastern Region Waste Management Group to assist with the development of their Waste Management Plans.

In addition, I recently approved a Waste Management Grant Scheme that will disburse £2m to Councils in the current financial year, from my Department’s remaining £2.5m waste management budget.

The Scheme provides funding for activities which will help Councils to meet the objectives and targets in the Northern Ireland Waste Management Strategy and also in the development of their Waste Management Plans. Councils may undertake these activities individually or collectively through the Partnership Groups. Under the scheme, the grants will be disbursed on a population basis, weighted according to sparsity, household numbers, tourists and travel to work numbers. A copy of the scheme was sent to all Councils on 14 January 2002. I will arrange for a copy to be sent to the Member.

The provisional allocations to Councils in the North West Group total £372,200, in the Southern Group £537,200 and in the Eastern Group £1,090,600.

To the extent that the allocation to any Council or Group cannot be used in full this year, the balance will be available for redistribution to the other Council Groups. This process is not yet complete.

Arrangements are also made under the scheme to ensure that any Council unable to use its 2001/2 allocation in full will not be financially disadvantaged in the long term.