Research on the Planning Reform

Laura Carlin, our Consultant Town and Environmental Planner, has recently completed research on the recent planning reform in Northern Ireland. This research focused on the political aspect of the planning reform and has been of high academic interest. Laura presented her research findings to Friends of the Earth Northern Ireland in October, before the launch of their Planning Reform Campaign http://www.foe.co.uk/northern_ireland/press_releases/planning_crisis_14112011.html in mid December. Her research findings have also been presented at the recently held Planning Law and Property Rights Conference in Belfast by senior lecturer and academic at Queen’s University Belfast, Geraint Ellis. http://www.rpp.ulster.ac.uk/plpr/ A link to this information will be provided shortly.

Single Turbine Approvals

Canavan Associates Ltd. has recently secured two planning approvals for single turbines in Northern Ireland. Both are 250kw turbines with one located at Croaghan, near Coleraine and the other near Cloughmills.

 

 

 

 

 

 

 

 

 

Welcome Brian Shaw BSc (Hons) ACIAT

We would like to welcome a new member to our team, Brian Shaw. Brian is on placement with us under the Graduate Accelerator Programme with Business in the Community, Derry http://www.bitc.org.uk/northern_ireland/index.html. He is an Architectural CAD Technician with a BSc (Hons) in Architectural Technology and Management. He has a First Class Honours Degree and also has a HND in Building Studies; a City and Guilds Level 3 Certificate in 2D AutoCAD; and a Certificate in Professional Competence in Road Haulage. Brian is an Associate member of the Chartered Institute of Architectural Technologist.

Laura Carlin BSc MSc Lic RTPI

Laura Carlin, Consultant Town and Environmental Planner at Canavan Associates, has recently been awarded a Masters Degree from Queen’s University, Belfast. She previously received a First Class Honours in Environmental Planning at Queen’s and has now received a Commendation in the Spatial Regeneration Masters. Laura began working with Canavan Associates on a voluntary work placement whilst a student and now is a full fledged member of staff. Laura is also now a Licentiate member of RTPI.

We would like to introduce a new Member of the team here at Canavan Associates, Maeve Maher-McWilliams

 

Maeve has been employed to complete bird surveys on a number of our wind farm sites. Her background is broadly ecology and she has recently finished a contract with BirdWatch Ireland working on their Tern and seabird project on Rockabill in the Irish sea. She has also been involved with habitat management for their Corncrake project on Tory Island. Previous to this She completed an MSc in Evolutionary and Behavioural Ecology (Distinction and Dean’s recommendation Award) with the University of Exeter.

Maeve has worked for the Game and Wildlife Conservation Trust in the UK completing research in their Lowland Game Unit. Her experience extends to small mammal and habitat surveys during time as a research assistant in the University of Pretoria and during my Biological Sciences (Hons) degree 2.1 in Queen’s University Belfast.

NIEA guidance on active peatland for Northern Ireland is now available online at:
http://www.doeni.gov.uk/niea/land-home/plan/surveys.htm

This will mean greater habitat, ecological and hydrological assessment of potential wind energy sites up front where there is peat, or peat is in the locality.

The NIEA Guidance would require Phase 2 (NVC) habitat surveys of all peatland areas (as identified by Phase 1). This would use selected random quadrats for Phase 2 survey. This would refine the habitat areas and facilitate more accurate mapping and description of active/inactive areas.

The NIEA guidance would seek to place infrastructure in areas that are not active but close to/adjacent to active areas.

Definitions

Key points are: (1) what is peat forming vegetation; and (2) what is a significant area.

Both sphagnum and sedges are typical peat forming vegetation.

There is now no reference to the percentage cover of sphagnum as a guide. There may have been an over-reliance in the past on identifying active or potentially peat forming vegetation by noting the percentage occurrence of sphagnum when other species are also potentially peat forming.

Species such as Molinia and heathers can in certain circumstances be classed as peat forming vegetation. The JNCC definition includes these latter species along with the principal species of sphagnums and cotton-grasses in its definition of peat forming vegetation.

The term “significant area” is not specifically defined. It may mean a hydrological peat unit.

Hydrological Peat Units

The guidance states that: “if larger areas of active peat are identified with smaller areas of inactive peatland, this would indicate that the hydrological unit is mainly active. In these cases impacts to inactive areas could indirectly impact on adjacent active areas due to introduced hydrological changes. We will consider the unit to be classified as active”.

IROPI test

PPS 18 on Renewable Energy refers to the IROPI test for development on active peat and the inclusion of this test in the NIEA Guidance is likely to reinforce the implementation of IROPI when deciding whether such developments are acceptable.

The N.I. Department of the Environment (DOE) has just issued a discussion document looking at the future of environmental governance in Northern Ireland. The document considers a number of options ranging from maintaining the status quo to various options for an independent Environment Agency.

The discussion document can be downloaded from: http://www.doeni.gov.uk/index/protect_the_environment/environmental_governance.htm

Practice Architect Ulrike Kuhlmann Dip Eng MRIAI Registered Architect is now a member of the Royal Institute of Architects of Ireland (MRIAI).

Membership of the RIAI is sanction of professional competence and accreditation to practice architecture in Ireland. Canavan Associates are pleased that Ulrike has gained this accreditation so we can continue to offer the highest standards and competences in architectural and certification services to clients.

All the Committee amendments to the Planning and Development (Amendment) Bill 2009 were published earlier today the 17th of June 2010. These amendments are now due for debate in the Oireachtas. They will have a major impact on quarries, wind energy planning processing and other expiring planning permissions, retention of development, particularly of illegal developments needing EIAs or in EU designated conservation sites.

Quarries

Quarries that operate properly should apply to An Bord Pleanála for a new “substitute consent” permit. Unfortunately, this application procedure is prohibited for quarries that never had planning permission or failed to register under S. 261 of the Planning Act, 2000 as amended. Greater enforcement powers are being given to local planning authorities against quarries as a consequence. This may mean closure of unauthorised and unlicensed quarries.

Wind Energy

The Irish Wind Energy Association (IWEA) has been successful in ensuring the tabling of amendments in a number of key areas in the including:

1) The dropping of the restriction on the number of extensions
2) Expanding the range of reasons available to developers to seek an extension
3) Inclusion of an obligation on planning authorities to respond to an application within 8 weeks
4) The treatment of 110kV lines associated with wind farm developments.

Other key amendments have been put forward by Government.

IWEA still seeks the removal of the proposed restriction to only one planning permission extension of up to five years. A link to the full document and a summary of the most relevant proposed amendments is: http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2009/3409/document1.htm

Retention and EIAs

Retention for development that did not have planning permission and that were required to have had an EIA carried out will not now be possible and these may have to be demolished. Similar provisos may apply to unauthorised development on EU Natura 2000 sites.

Public Rights of Way

Measures will be introduced to have these strengthened and protected.

You will now find us a lot easier if you use Google maps! http://tinyurl.com/CAL-gmap.

The Mining Waste Directive (MWD) brings in new requirements for managing extractive waste at mines and quarries. Operators may also have obligations for managing extractive waste under planning and health and safety legislation.

In Scotland and Northern Ireland new regulations implementing the MWD came into force on 1 April 2010.

Your mine or quarry could cause serious damage to the environment and human health if you do not manage your extractive waste properly.

More info at http://www.netregs.gov.uk/netregs/businesses/111970.aspx?dm_i=2WX,47L0,8LEFH,D2AP,1.