§ Lord Lairdasked Her Majesty's Government:
How many planning applications have been refused by the Planning Appeals Commission in Northern Ireland since the publication of Planning Policy Statement 7 in draft on the basis of over-development or adverse impact on the surrounding character of an area where the application did not relate to an area of townscape character or conservation area. [HL2300]
§ Lord Williams of MostynI have been advised by the Chief Commissioner of the Planning Appeals Commission that the commission does not collate information on this basis. To provide it would result in disproportionate costs being incurred.
§ Lord Lairdasked Her Majesty's Government:
What is the percentage of planning decisions by the Northern Ireland Department of the Environment which were overturned at the subsequent planning appeal each year from 1990 to 1996; and in what percentage of Article 33 appeals the Planning Appeals Commission position differed from the department's position in each year from 1990 to date. [HL2301]
23WA
§ Lord Williams of MostynThe percentage of planning decisions by the Northern Ireland Department of the Environment overturned at the subsequent planning appeal under Article 32 of the Planning (Northern Ireland) Order 1991 for each financial year from 1990 to 1996 is as follows:
Year Total Decisions Number of Appeals Number of Appeals Upheld % of Total Decisions overturned % of Appeals Upheld 1990–91 17,659 390 82 0.46 21 1991–92 17,148 389 93 0.54 24 1992–93 18,336 317 83 0.45 26 1993–94 16,845 250 69 0.41 28 1994–95 18,403 269 64 0.35 24 1995–96 17,983 250 83 0.46 33 1996–97 18,495 217 85 0.46 39 Article 33 of the Planning (Northern Ireland) Order 1991 refers to the right of the applicant to an appeal "in default of a planning decision". When there is an appeal of non-determination of any application for consent under Article 33 or other equivalent statutory provision, this has the effect of transferring jurisdiction on the determination of the application from the department to the Planning Appeals Commission, which is required to deal with the appeal as though planning permission had been refused. In these circumstances, the department will present its view to the commission as to the outcome of the application, but this is a recommendation only and is not formally recorded on the Planning Service statistical database.
§ Lord Lairdasked Her Majesty's Government:
What protection a building of local importance has in Northern Ireland if it is deemed by the Environment and Heritage Service to be unworthy of protection through listing and is not in an area of townscape character or conservation area; and, if none, what impact this lack of protection has on townscapes, given the current policy in the regional development strategy for increased development within settlements. [HL2302]
§ Lord Williams of MostynStatutory protection currently extends only to buildings listed as being of special architectural or historic interest under Article 42 of the Planning (Northern Ireland) Order 1991 and buildings located within a conservation area designated under Article 50 of the same order.
It is intended when the relevant provisions of the Planning (Amendment) (Northern Ireland) Order 2003 are brought into operation later this year to control the demolition of buildings within areas of townscape character.
These provisions also allow for the making of direction orders which would extend demolition control to other buildings. While no decision has been made regarding the further extension of demolition control, the position will be kept under review.
24WAThe regional development strategy promotes a drive to provide more housing within existing urban areas. However, in considering the impact of such development on existing residential townscapes, current policy advises that planning permission will not be granted where it would result in damage to the local character, environmental quality or residential amenity of such areas.