Planning decisions could lead to major fines

The BBC has learned it agreed planning permission for housing despite advice this would increase pollution.

In 2002, planning approvals were halted when planners realised more than 50 locations breached pollution law due to poor or non-existent sewage treatment.

However, the halt was later reversed. A document has now revealed it was the "worst possible" environmental option.

An official document, just released, following a court case, shows that the devolved government of the time took a decision on province-wide planning, knowing it would lead to more pollution and breach European law.

BBC NI environment correspondent Mike McKimm said: "It has now become apparent that, given four options, the executive chose the most environmentally damaging one.

"The options they had ranged from refusing planning in 24 areas and not allowing new houses to be occupied in many other areas - to just refusing planning in Antrim, where there were major problems.

"In the event, planning continued without any restrictions."

We were living in the reality of trying to balance environment with the economic dimension Dermott Nesbitt Ex-environment minister

Mike McKimm said the internal document showed the executive was advised such a move would breach European law and increase pollution problems.

However, the executive decided to go ahead to ensure that building and development would continue.

Northern Ireland now faces the potential of massive fines because of this decision.

However, Dermot Nesbitt, the Northern Ireland environment minister at the time, defended the decision.

He said that the executive had taken legal advice and did have regard to European law but added: "We were living in the reality of trying to balance environment with the economic dimension.

"It was an interim decision in October to allow to continue pending further review by both DRD and DoE officials as to what works can be done, when they can be done, with the money coming forward.

"The situation was going to be reviewed in December.

"I have nothing to hide and I am more than competent within myself to say - there was the decision we had to take, we took it on pragmatic grounds but we were going to review it."

Environmental record

The Northern Ireland Assembly was suspended in October 2002 following allegations of a republican spy ring at the Northern Ireland Office.

The environmental group, Friends of the Earth, which is bringing a case against the government to the European Court over its environmental record, has welcomed the development.

Spokesman John Woods said it was proof that they knew what they were doing.

"There is no way they can win in Europe and why are they wasting public money defending it?" he said.