Ballymena

Spatial Planning

Paul DuffyPlanning Service

Planning Reform 1 April 2015

Paul Duffy - Head of Planning

Northern Ireland - Planning

• 1973 - 2015 Unitary Planning Authority• DOE - Central Government

– Legislation– Regional Planning Policy– Local Area Plans– Development Management / Control– Enforcement

Local Government Reform

• 1 April 2015

• 26 councils reduced to 11 new “supercouncils”

• Majority of Planning functions transferred to the new councils

• Introduced new two tier Planning System

KEY CHANGES - 1st April 2015

• Mid and East Antrim Borough Council replaces former councils of Ballymena, Carrickfergus and Larne Borough Councils

• Mid and East Antrim Borough takes over planning functions transferred from DOE with a total of 41 staff transferring

• The Planning Act 2011 and subordinate legislation comes into operation introducing a two tiered planning system: 1. Central Government 2. Local Government

• Mid and East Antrim Council will determine local and major planning applications

Planning Functions remaining with DOE

• Planning Legislation• Regional Planning Policy• Regionally Significant Planning Applications• Development Plan scrutiny• Performance Management• Statutory Listing of Buildings• Oversight and call in powers

Planning Functions Transferring to Councils

• Local Development Planning• Development Management - all planning applications

currently in the system, excluding regionally significant applications

• Enforcement - all breaches of planning control

• Conservation Areas

Spatial Planning - Northern Ireland

Central

Governme

nt

•Regional Development Strategy

•Regional Planning Policy Statements

•Strategic Planning Policy Statement

Local Governme

nt

•Local Development Plans

Local PlansDOE Area Plans• Most well past notional end date• Vulnerable to Judicial Review• Slow / inefficient • Detail obscures vision and strategy• Based on regional policy rather than locality

and place• Voluminous and hard to understand• Lack of meaningful public engagement• Public examinations too long• Inadequate monitoring and review

Local Development Plan

• Local Government - Mid and East Antrim Borough Council will be responsible for preparing a Local Development Plan

• Independent Examination• Adoption• New Plan Led System

The Plan Strategy The Local Policies Plan

Local Development Plan

Will Council introduce its own Planning policy?

• YES - But only through the Local Development plan Process

• Until such times, Council must have regard to the existing Planning Policy Statements when making planning decisions

• This does not mean that in all cases they must slavishly adhere to policy, however, there must be clear planning reasons why an exception is to be made

Planning applications - Who will determine them?

• Regionally Significant Applications - responsibility of DOE Minister

• The Minister may choose to call in major applications. This would be the exception

• All the rest will be determined by Mid and East Antrim Borough Council

Who in Mid and East Antrim Borough Council will decide applications?

• The Planning Committee will decide all major planning applications, all applications made by the council and applications submitted by Planning Officers and Heads of Service.

• All local development applications whether for approval or refusal will be delegated to Officers, with a number of exceptions.

• It is anticipated that over 90% of applications will be delegated.

Exceptions to the Scheme of Delegation

• Local objection raising significant material planning considerations

• Significant departure from the Development Plan and recommended for approval

• Applications submitted by senior council staff• Objections from statutory consultees, where

the recommendation is to approve• Head of Planning discretion• Legal Agreement is required

Can public lobby Council Members?

• YES - preferably those Members not on the Planning Committee. If a Committee Member wishes to speak in support or against an application in order to influence the decision they must declare an interest and not vote on the application.

• Members can address the Planning Committee during session under the agreed protocol.

• Such addresses will be limited to 3 minutes and where more than one Member wants to speak on an argument they will be asked to split the time.

Planning Committee

• The Planning Committee will meet on a monthly basis

• The Planning Committee will comprise of 12 Members

• Planning Committee meetings will take place in The Braid Council Chamber

• Planning Committee meetings will commence at 10am. The first meeting was held on Thursday 9th April 2015.

Conclusions• The transfer of Planning powers represents a fundamental

change in the decision making process

• Reform has introduced a new two tier Planning System

• Transferring planning powers to the new councils is about improving the decision making process by making it locally accountable

• Introduced new Plan led system, where Development Plans are given primacy over other material considerations

Questions