AQW 14455/22-27 Written question to the Minister for Infrastructure
To ask the Minister for Infrastructure to detail the number of (i) water; and (ii) wastewater infrastructure works that have been carried out under agreements of Section 76, paragraph b) of the Planning Act (Northern Ireland) 2011 in the last ten years.
Asked by Andrew McMurray MLA on 4 September 2024
- Answered
- Written
- Tabled
- 4 September 2024
- Answer due by
- 19 September 2024
- Answered
- 19 September 202415 days after tabling
- Department
- Department for Infrastructure
- Priority question
- No
Answer
Section 76 of the Planning Act (NI) 2011 makes provision for any person who has an estate in land to enter in an agreement with the relevant authority for prescribed purposes. These agreements are referred to as ‘planning agreements’ or ‘section 76 agreements’. The ‘relevant authority’ may be either the Department for Infrastructure or a local council.
In April 2015 the majority of planning powers, including the power to enter into planning agreements, were devolved to the local councils. Additionally, the Department, as it exists now, was only formed in May 2016, the planning function having formerly been the responsibility of the Department of the Environment. Accordingly, the answer is provided in the context of the current Department and thus since May 2016.
Details of the agreements entered into, the contracted sums, and the purposes are set out in the table below.
| Applications with s76 agreement | Number of Water / Wastewater works | Number of Infrastructure works | Contracted amounts | Contracted amounts for Water / Wastewater works |
| Lough Neagh sand dredging LA03/2017/0310/F | None | Mitigation measures for sand accumulation. Noise attenuation; fencing; and landscaping. | £25,000 annually (index linked) £112,158 received to date | None |
| Casement Park Stadium LA04/2017/0474/F | None | Installation of cameras | £1,000 annually (index linked) £90,000 (index linked) | None |
| Linen Mill Complex, Upperlands Mixed Use Development H/2009/0264/O H/2009/0270/F | Reservoir improvement works; works to secure and stabilise buildings; and restoration works to buildings. | None | None | |
| George Best Belfast City Airport | None | None | None | None |
Reimbursement of the Department’s legal expenditure has not been included in the sums. The sums include both received sums and potential sums.