AQW 24709/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 20/03/2025
Answered On Date: 31/03/2025
Priority Written: No

Question:
To ask the Minister for Infrastructure to detail (i) the specific statutory duties of her Department in ensuring local councils enforce the 20 per cent social housing requirement in planning approvals, including whether her Department has a legal obligation to intervene if a council fails to enforce compliance; and (ii) any instances where her Department has taken action under the Planning Act (Northern Ireland) 2011 in the last five years.

Answer:

The enforcement of conditions attached to the approval of planning permission and any local development plan policies that guided that decision is a matter for the local planning authority.

Sections 139 and 151of the Planning Act (Northern Ireland) 2011, provides my Department with the power to issue enforcement and stop notices, however only after consulting the appropriate council. My Department’s reserve powers are not an alternative to the councils much broader enforcement powers and it is only envisaged that these powers should be used in exceptional circumstances.

In respect to enforcement action taken in the context of delivering social housing provision, my Department has not exercised its reserve powers to date.