Development Plans
In Northern Ireland, planning responsibilities are divided between the Department and the local authority. The Department for Planning coordinates policies to ensure the orderly and consistent development of land and planning matters. These policies must be in conformity with the regional development strategy for Northern Ireland and must promote sustainable development, taking into account policies and guidelines issued by the Department of Regional Development and the Office of the First Minister and Deputy First Minister.
District councils review matters that are expected to affect the development of their district and the planning of that development. This includes economic, social, and environmental characteristics, land use, size, population distribution, and other considerations as may be prescribed by the departments. Sustainable development is the overall objective of the legislation.
Councillors are responsible for comparing a development plan, which must be approved by the Department. It consists of a planned strategy and local policies. In making any decision under the Act, regard must be had to the local development plan, and determination must be made in accordance with the plan unless material considerations indicate otherwise.
Councils must prepare a timetable for the preparation and adoption of their local development plan. If their timetables cannot be agreed with the Department, the Department may direct a timetable. If the timetable cannot be agreed, the council must prepare plans, including objectives related to land development. The plans must also address the sustainability of local policies and be adopted by resolution of the Council and approved by the Department.
The council must submit the plan to the Department for independent examination by the Planning Appeals Commission, a person appointed by it. The purpose of the independent examination is to determine whether the development plan complies with statutory requirements and whether it is sound. The examiner must make recommendations, and the Department must consider these recommendations. The Council may adopt the development plan as prepared or with specified modifications or withdraw the plan.
Local development plans must be reviewed at prescribed times and reported to the departments. The Council may also amend the plan or propose plans.
If the Department believes that a council is failing to do anything necessary in connection with the preparation of a development plan, it may prepare a plan or advise the council accordingly. An independent examination by the Planning Appeals Commission follows, and the above procedure applies.
Multiple councils may make joint plans, including a planned strategy and local policies. The Department may direct joint plans.
Councils must make an annual report to the Department, providing prescribed information on the extent to which the objectives in the local development plan are being achieved.
The Department is responsible for making regulations regarding the procedure for making appraisals and preparing development plan documents. They prescribe publicity and notice to be given, consultation, and public participation. Provisions on the making of representations are considered in the context of the planned process. After the Matthews report, a series of plans were made by private consultants in the 1970s. Most of Northern Ireland is covered by these plans.
The 1972 legislation provided that the Ministry might make a development plan consisting of a written statement formulating proposals for the development and land use in the area. This remained the basis until 1991.
The Department may, if necessary, make a development plan for an area to replace an earlier plan. The plan consists of a map and written statement detailing proposals for development and land use in the area, including employment, housing, industry, commerce, transport, health, personal services, natural resources, recreation, conservation, townscapes, utility services, and landscape.
The written statement must include provisions appropriate to the character and function of existing developments and other land use, considering needs and potential changes. Criteria for planning applications and controlling development are also included. The relationship between cousins is considered in the plan.
The 1991 Order provides for area plans, which may apply to all or parts of a district council’s area. These plans are based on considerations of a particular type of development or land use.
The development plan process involves three stages. In the first step, proposals for making a development plan are publicized, and relevant persons can make observations. After considering representations, the Department prepares the plan, and it is available for inspection. Objections can be made during this period, and the plan is publicized for inspection once objections have been made. If a local enquiry is held, the Planning Appeals Commission reports its findings, and the Department considers the objections, making a statement of decisions.
In the fourth stage, the plan becomes approved and is published with notices.
The procedure for making changes to the plan is similar to its making. If the changes are of sufficient importance, a short-form procedure is provided.