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Planning policy unlawful, irrational and erroneous, says QC.

In a Legal Opinion (PDF) published by Friends of the Earth today [1], a leading barrister has stated that Ministers have been acting illegally in allowing housing developments in areas where the sewage systems are below European standards.

Robert McCracken QC states that policy on these sewage 'hotspots' "does not comply with the Urban Waste Water Treatment Directive [and]is unlawful. It is irrational. It fetters the discretion of the Environment and Heritage Service and in such a way that it cannot fulfil its statutory obligations....It is in breach of Article 10 of the EC Treaty and conflict with...the Northern Ireland Act 1998."

John Woods, Northern Ireland Director of Friends of the Earth said:

"The message to Government is clear - it has been acting illegally for over two years. We are calling on the Minister, Angela Smith, to conduct a full review of a policy that her Department now knows to be illegal. We expect this to result in a moratorium on development in those areas most at risk from sewage pollution."

The policy of allowing housing development despite inadequate sewage facilities dates back to October 2002 when the then Environment Minister, Dermot Nesbitt MLA, instructed Environment and Heritage Service not to object to planning applications on grounds of sewage pollution [2]. Direct rule Minister, Angela Smith MP, has continued the policy despite several warnings from Friends of the Earth that she is acting illegally [3].

Mr Woods continued:

"It is a poor reflection on Ministers that Friends of the Earth have had to go to the lengths of seeking a legal opinion in order to force Government to stop allowing uncontrolled sewage pollution. The environment and public health must now take priority over the ambitions of the construction industry."

Among the places most likely to have development put on hold until sewage works can be built or upgraded are: Antrim, Ardglass, Armagh, Ballyclare, Ballygowan, Ballywalter, Bangor, Groomsport, Carrickfergus, Carrowdore, Castlerock, Castlewellan, Cookstown, Donaghadee, Derry/Londonderry, Loughries, Moneyreagh, Newtownabbey, Omagh, Portadown, Portaferry, Portrush, Portstewart, Raholp, Stewartstown and Tandragee[4].

Notes

[1] (back) Available here (PDF) or from Colette Webster on 028 9023 3488.
[2] (back) Speech to the Northern Ireland Assembly on 7 October 2002 by the then Environment Minister, Dermot Nesbitt MLA.
[3] (back) See press releases at: www.foe.co.uk/northern_ireland/press_releases/2003/smith_in_the_sewage.html
and
www.foe.co.uk/northern_ireland/press_releases/2004/housing_moratorium_inevitable.html
[4] (back) The complete list of 56 'hotspots' was published by DOE in October 2002. Copies are available from Friends of the Earth.

†To view PDF files you will need to download Adobe Acrobat Reader. Visually impaired users can get extra help with these documents from access.adobe.com.