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.

Reform of the planning process in Northern Ireland continues on track.  The government recently published its response to the consultations held throughout Northern Ireland in July to October 2009. The response document is published on the Planning Service’s webpage and is a must read. Check out: http://www.planningni.gov.uk/index/news/news_other/government_response_march_2010.pdf.

Here is a snippet of the response:

Planning functions will be largely devolved to local government in 2011. The Department of the Environment will retain supervisory functions and checks. We can look forward in the meantime to a new Planning Policy Statement 1 and a new planning policy framework.

A “plan led” system will be introduced as proposed and there will be a statutory link between the spatial plan (Area Plan) and community plan. The term “sustainability” will be formally introduced and defined. The basis for examining plans, at Inquiries for example, will be changed from an objection-based approach to one that tests the “robustness” of plans.

Community consultation will be central to the new planning reforms in Northern Ireland. Plan making at Council level will begin with a Statement of Community Involvement and pre-application community consultation for regionally significant and major developments will be compulsory.

A clearer definition of what constitutes “regionally significant development” is to be drawn up. Performance agreements from applicants will also be required for regionally significant applications.

Statutory provision will be made to allow non-material amendments where only a small change is sought to planning permissions.

The time to make a planning appeal will be reduced from 6 months to 4 months. The decision to institute third party appeals in Northern Ireland is kept under review until the present planning reforms are completed.

The Department will give the Planning Appeals Commission (PAC) power to award costs where it established that one of the parties has acted unreasonably and put another party to unreasonable expense.

Retrospective planning application fees are to be increased to reflect a multiple of ordinary fees, similar to S. Ireland.

Fixed penalty notices for unauthorised development will be introduced, similar to that in Scotland.

Canavan Associates will follow the progress of planning reform in Northern Ireland closely, and participate in future consultations. We can advise clients on how these planned reforms may affect them in the future.

http://twitter.com/canavanassoc