Northern Ireland's environment minister, Arlene Foster, has announced her intention to bring forward proposals for a wide-ranging reform of the planning system in Northern Ireland and has appointed an expert adviser to provide an independent opinion on what medium to long-term measures are required.

Foster said: "I want a planning system that supports and encourages sustainable economic growth, while protecting and enhancing the natural and built-environment."

She added: "I want to see a planning system which delivers for everyone in Northern Ireland. No aspect of planning will be left untouched in the quest for a more streamlined development plan system, a more effective development control system, improved efficiency of processing and greater certainty about timescales."

She also emphasised that any new processes should allow full and open consultation and should engage communities. This year, the public will be invited to offer their views on the reform agenda and a formal consultation paper will be published, seeking comments on the emerging proposals. In advance of this, the minister advised that action is continuing on implementing a short-term change programme, through a series of projects and pilots relating to areas within the responsibility of the planning service, which will have an immediate impact on handling planning applications.

The planning service has formalised a pre-application discussion (PAD) initiative, which will apply to strategically important planning applications, to identify obvious problems at an early stage in the process and promote high-quality applications to maximise the prospects of reaching a decision quickly.

Availability

Pre-application discussions are available for:

• strategically important applications including those with significant economic implications;
• major commercial, industrial and other public sector proposals;
• major quality initiative housing schemes, including all housing association applications;
• major infrastructure projects (for example in relation to waste disposal, waste water treatment and energy).

In general terms, strategically important applications must have significant economic and/or social benefits for the region, or a significant part of the region. However, they may relate to some smaller-scale proposals; for example in the health and education sectors, which fall within the scope of the wider Investment Strategy for Northern Ireland infrastructure programme.

Requests

To request a PAD you should contact the relevant
divisional planning manager. You must include, as a minimum requirement, sufficient information to explain the proposal, including existing plans and photographs and proposed sketch layouts. This information will help the planning service decide whether a proposal is of sufficient scale or complexity to benefit from a PAD and allow for a more focused consideration of the issues.

If the planning services think a PAD would be helpful, it will, as necessary, invite key consultees (for example the Road Service and the Environment and Heritage Service) to join it for the discussions. The discussions will focus on key planning policies, relevant constraints and other material issues, including the need for an environmental assessment, transport assessment and retail impact assessment.

Post-PAD timetable

Once a PAD has been requested and all necessary information submitted, the following timetable of events can normally be expected:

• The planning service will decide within 15 working days of receiving a request whether a PAD is appropriate. This timescale is dependent on all necessary information being available when the request for a PAD is made.
• If the planning service agrees to a PAD it will take place no later than 30 working days after the request, although in most cases sooner.
• Once a PAD is concluded the planning service will issue a written response within 15 working days, confirming the agreed position.
• If the planning service decides that a PAD would not be helpful, it will write to the applicant explaining why within 15 working days of the request. It may also identify information which may be helpful to the applicant in pursuing the application further.

Advantages and benefits

There are a number of key benefits from transparent PADs between a potential applicant and the planning service. They help to:

• identify potential policy constraints and other material issues which need to be addressed by the developer at an early stage;
• facilitate discussion with key consultees at an early stage, especially where an environmental statement is likely to be required;
• identify related technical issues and allow for
  discussion;
• ensure that the applicant engages with the appropriate stakeholders at an early stage in the planning process;
• improve the content and quality of planning
  applications;
• enhance the quality of a development scheme;
• speed up the statutory decision-making process; and
• ensure active case management.

A PAD is a separate and distinct advisory process. It does not bind the planning service in making its formal decision at the regulatory stage, following public consultation with all interested parties and formal consultation with the local council. The planning service stresses therefore that all PAD advice is given without prejudice to the formal consideration of the planning application, because other information may arise from consultations, third-party representations or policy changes during the regulatory determination process. However, it is expected that any variations from the general advice offered at the PAD would be unusual.

Strategic Projects Unit

Another key element in the streamlining process has been the creation of the Strategic Projects Unit (SPU) within the planning service. This unit and the divisional planning offices deal with those strategic planning applications which are economically and socially significant, managing them through the planning process to decision as quickly as possible using PADs and active case management. This approach has already proven successful in a number of major planning proposals:

• The Graham application for part redevelopment of existing storage, distribution and maintenance depot at the former Kemira site Ballygowan Road, Hillsborough was lodged in September 2007 and the decision notice issued in March 2008.
• The outline application for Phase II of Titanic Quarter was processed in accordance with the Planning Service's new streamlined process and was dealt with within 10 months.
• Most recently, the new Public Records Office to be located in the Titanic Quarter of the city received the green light from planners in just six months.

The SPU processes both non-Article 31 applications; and Article 31 applications. Arlene Foster provided clarity to the Northern Ireland Assembly in the form of written answers on the criteria that the SPU uses to process these applications:

(i) Non-Article 31 applications which are processed by the SPU are those which are generally considered to be of economic and/or social significance. These include commercial and infrastructure projects – such as those included in the Investment Strategy for Northern Ireland 2005-15 (ISNI) – as well as projects identified by Invest NI.

The SPU may also be responsible for processing smaller-scale health and education projects such as those which form part of a wider ISNI infrastructure programme.

(ii) Article 31 of The Planning (Northern Ireland)
Order 1991 enables the department to deal with major applications under special process arrangements where they:

• involve a substantial departure from the development plan for the area to which they relate; or
• are of significance to the whole or a substantial part of Northern Ireland; or
• affect the whole of a neighbourhood; or
• consist of or include the construction, formation, laying out or alteration of a means of access to a trunk road or of any other development of land within 67m of the middle of such a road, or of the nearest part of a special road.

While the steps that have already been taken to reform the planning system in Northern Ireland are to be welcomed, this is only the beginning – it is hoped that the executive will ensure that, as a minimum, the planning service and Planning Appeals Commission are given the resources and support they require to deliver economic development opportunities faster for Northern Ireland.

Deirdre Magill is a partner and head of planning at Tughans.

NIJune2008