THE Department for Infrastructure has provided some detail around the decision to issue a ‘holding direction’ to Fermanagh and Omagh District Council after its Planning Committee approved development for the proposed Lakelands Retail Park in Enniskillen.
However, other relevant Press enquiries, including who brought the issue to the attention of the Department, were instead deemed to be Freedom of Information (FOI) requests.
The as yet unanswered questions differ from the information which was provided as it is already, to a larger extent, in the public domain.
The Lakelands Retail Park application passed by a whisker after an equal division for and against the proposed development, but the casting vote of Chair, Councillor Glen Campbell, tipped the scales.
There was notably strong opposition by the Unionist groupings on the Planning Committee, while Sinn Fein and an Independent member were very much in favour.
Reaction to the actions to the news was mixed, with some delighted to hear that the former Unipork factory site would be developed, while others were furious, pointing to the decimation of existing businesses in the town centre area.
Now, however, the Planning Committee’s role and decision is in doubt, as having called a halt, the Department may have the final say on the development.
The Department was asked under what legation this action was triggered, how long it is envisaged the process will take, and what will it involve?
In response, a spokesperson said: “A ‘holding’ direction was issued on June 24 to Fermanagh and Omagh District Council under the provisions of Article 17 of Planning Order (NI) 2015.
“The purpose of this is to allow the Department time to consider whether or not the proposed Lakelands Retail Park development in Enniskillen raises issues that require the application to be referred [called in] to it for further consideration and determination.
“Under Section 29 of the Planning Act (NI) 2011, the Department has the power to ‘call in’ planning applications.
“Whilst this power is discretionary, it is anticipated that it should be used by exception, where there are applications that may have potential regional/sub-regional impacts, as the Department recognises the important role of councils in decision-making on the future development of their areas.
“If the Department decides to ‘call in’ this application, it would become the decision maker.
“If it is concluded that the application should not be referred to the Department, then the district council will be informed of this, and can proceed to process the application accordingly.”
The spokesperson added: “At present, jurisdiction remains with the council. This decision will be taken as soon as possible.”
Other answers were not forthcoming.
Press asked who, whether directly or indirectly, brought this to the attention of the Department, and when, and for what specific reasons, as well as seeking all instances when this action was previously invoked, since the devolving of planning to councils.
In response, the Department deemed these enquiries to be FOI requests, with their responses awaited.
Whilst not pre-empting responses, converting Press enquiries into an FOI request could see the Department not disclosing the relevant information.
In the event this occurs, the matter will be reported to the Information Commissioner, given the public have a right to know the full details behind the move for which the Department has discretionary power, but accepts use should be exceptional.
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