Planning report


Infrastructure Minister John O’Dowd MLA arrives on one of the first trains into Belfast Grand Central Station, welcomed by
Infrastructure Minister John O’Dowd MLA discusses the planning landscape almost a decade after reform and describes the ongoing work towards a “modern, fit for purpose planning system”.
Q: March 2025 will mark a decade on from planning reform in Northern Ireland, yet, as recent as 2022, the Northern Ireland Audit Office described the performance of the planning system as “appalling”. What are the plans to improve this?
A: I recognise that the planning system in the North plays a pivotal role that enables development to meet the needs for our economy and society whilst protecting our unique and special environment.
It is important to acknowledge that the planning system here has experienced major reform since 2015. This reform has resulted in a two-tier system and transferred a significant proportion, or 99 per cent, of all planning decisions to local councils. The reform also
introduced powers for councils to formulate and produce their own local development plans (LDP).
My department has an important strategic planning function and leadership responsibility, but it is also important to recognise that there exists the respective roles between the Department for Infrastructure (DfI) and councils in the reformed two-tier planning system.
Decisions made within the planning system are often made within a complicated and contested space where many issues must be carefully balanced and considered in the decision-making process. Global, regional, and local issues such as climate change, the protection of the environment, the need to provide housing, and deliver infrastructure also add to the complexity of the system set in a time where there are serious financial restrictions and against the backdrop of a pandemic.
The 2015 reform of the planning system has also delivered a significant increase
It was recognised by ministers at the time, that replacing a unitary planning system with 11 autonomous bodies responsible for their own staff, resources, and individual performance would inevitably bring some diseconomies of scale and create some fragmentation and legitimate variances in approaches to policymaking and decision taking. However, the Executive was of the view that these outcomes were offset by the advantages of bringing local planning functions closer to local politicians and communities, reflecting a better balance of powers between the Assembly and local government.
in public participation, with more third parties engaging the process in a more active and informed way and it has also led to increased political and media interest. In addition, the system has also become more litigious in recent years and the associated pressures and delays adds to the process.
The operation of the system is a collective responsibility – a reality that is often overlooked – involving many stakeholders, all of whom have an important part to play in delivering their roles effectively, including public sector planners and support staff, elected representatives, planning applicants and their professional agents, statutory (and non-statutory consultees), community, and lobby groups etc.
I am pleased during 2023/24 the proportion of statutory consultations responded to on-time (within 21 calendar days or longer agreed timeframe) was 74 per cent, this rate improved from the 72 per cent recorded on-time in 2022/23.
The decade of planning reform has led to the emergence of new LDPs. These documents are an integral feature for the delivery of local council aspirations for growth and development in local areas.
Q: The Planning Improvement Programme (PIP) was designed in the absence of an Executive. Having been in the post for almost 10 months, what do you identify as the areas most in need of action in the delivery of a more efficient regional and local planning system?
A: My department has led the way in the planning improvement agenda. Following engagement with local councils and other stakeholders, the PIP was developed comprising 40 actions across key thematic areas including governance; policy and legislation; local development plan; development management; performance; and engagement, and is being delivered in collaboration with council planning authorities. Good progress has been made in delivering the programme with achievements including the introduction of new legislation for validation checklists for planning authorities; planning fee uplifts; and a review of the Planning (Development Management) (NI) Regulations 2015.
Integral to improving the planning system is the role of statutory
“My officials are currently undertaking a process of engaging with local council colleagues and other stakeholders with the intention of moving the improvement agenda into a second phase whereby there is a refocus on key areas of action.”
Infrastructure Minister John O’Dowd MLA
consultees and the ongoing work that the Department has been conducting with them and local government through the Planning Statutory Consultee Forum (PSCF). Significant progress has been achieved through the forum, including the development of quarterly and annual reports on statutory consultation performance; a review of statutory consultee advice and published guidance; production of a protocol for statutory consultees, which sets out what involvement/support is required from them to support an effective and efficient planning system; and delivery of training to statutory consultee staff on the challenging and time-consuming area of Environmental Impact Assessment, as part of the Department’s Environmental Governance Work Programme.
However, I am keen that we take forward the lessons learnt to date and build upon this in a focused way to deliver improvements. My officials are currently undertaking a process of engaging with local council colleagues and other stakeholders with the intention of moving the improvement agenda into a second phase whereby there is a refocus on key areas of action with the most potential to positively impact on planning authority performance and the efficiency and effectiveness of the planning system going forward.
Q: How challenging is the current budget allocation to progressing improvement in the planning system, particularly within a shortened mandate?
A: One of the main challenges in the Department is the difficult financial environment created by underfunding
and austerity by consecutive British governments and this also impacts the planning system.
I continue to press for funding, but let me also be clear that I am investing hundreds of millions of pounds to improve our road, rail, water, and public transport infrastructure. I want to make every penny count to ensure that it is used wisely to boost the economy, address regional imbalance, and to improve people’s lives.
In that regard, I am delighted that my department’s ‘Transforming Planning’ bid to the Interim Public Sector Transformation Board has made it to Stage 2 of the process. This bid includes proposals to support and enhance the role of my department’s statutory consultees and to appoint persons to undertake, hear, and report work that the Planning Appeals Commission (PAC) has been unable to progress. I am hopeful that this bid will ultimately be successful and help us to place impetus behind the consideration of regionally significant proposals so we to provide clarity for all stakeholders involved.
Q: Amidst a changing landscape, there is evidence that the Planning Appeals Commission is under increased pressure. In your view, does the Department have a role in supporting the commission, and has any action been carried out in this regard?
A: My Department has powers to appoint independent persons to conduct certain matters such as hearings or examinations instead of the Commission, however, this is not necessarily a simple undertaking and is
“Continued collaboration is required to secure a modern, fit for purpose planning system which delivers the right socio-economic and environmental outcomes for our people.”
one which would require very careful consideration and would require additional funding.
As mentioned above, my department’s ‘Transforming Planning’ bid to the Interim Public Sector Transformation Board has made it to Stage 2 of the process. This bid includes proposals to appoint persons to undertake, hear, and report work that the PAC has been unable to progress. I am hopeful that this bid will ultimately be successful and help us to place impetus behind the consideration of regionally significant proposals so we to provide clarity for all stakeholders involved.
My officials are also now in the early stages of drafting a proposal for a ‘memorandum of understanding’ between key stakeholders, the PAC, departmental and local council officials in relation to the local development plan process.
Q: How important is improvement in the planning system to achieving Northern Ireland’s decarbonisation ambitions?
A: I am committed to delivering against decarbonisation targets but recognise that the Executive as a whole, and all stakeholders, need to work collectively towards the delivery of net zero.
The target of 40 per cent of electricity consumption from renewable sources by 2020 was easily met and exceeded, the challenging commitments in the Energy Strategy and the Climate Change Act, which has established a renewable electricity consumption target of 80 per cent by 2030, are acknowledged. My department has and continues to engage with the Department for the Economy, the renewables industry, and local authorities in terms of the challenges that lie ahead, given these ambitious targets, with a view to encouraging better quality of submissions on appropriate sites.
Work on the review of Regional Strategic Planning Policy for renewable and low carbon energy is at an advanced stage of completion and I hope to be able to publish it as soon as possible, subject to Executive agreement. I expect that the policy change to the Strategic Planning Policy Statement will make a positive contribution to supporting the wider efforts of this Executive in the transition to a net zero carbon economy.
Q: How does proposed change to the Strategic Planning Policy Statement (SPPS) align with progress of LDPs?
A: The local development plans contain bespoke policies for renewable energy development, and these will
have taken account of planning policy in the SPPS. Councils are required to review their LDP every five years. Councils may review their LDP sooner, if necessary, should the annual monitoring of the plan identify new evidence that would support a different approach. Although many of the current plan documents were published before the provisions of the Climate Act 2022 came into effect, these documents may be reviewed as necessary in light of future policy changes and my officials continue to engage with all councils as part of their plan preparation.
Q: How important is planning system improvement to the overall opportunity for economic growth for the region, and what would you consider success in the remainder of the mandate?
A: Progress is being made but we must continue to focus on what we can do to make the difference our society needs.
We must ensure that the planning system works for businesses, people, and the environment. The Executive’s draft Programme for Government seeks to improve the planning system here as part of our commitment to investing in our public infrastructure and reshaping how our services are delivered.
Success means getting infrastructure right. This requires investing in it accordingly and planning for our future by building the foundations for better urban and rural communities.
The new Grand Central Station, for instance, is a shining example of the importance of infrastructure and the transformative changes my department can deliver.
However, I would stress that collaboration across many agencies has been key to this project’s success and continued collaboration is required to secure a modern, fit for purpose planning system which delivers the right socio-economic and environmental outcomes for our people.
Andrew Ryan, planning and environment partner at TLT says that councils, as planning authorities, can help foster learning and best practice through a proactive approach to legal risks.
April 2025 marks a decade since planning powers were transferred to local councils in Northern Ireland.
Allowing planning decisions to be made locally by elected representatives is generally positive, but the system has its flaws, particularly through delays and inefficiencies impacting timely decisionmaking.
A significant contributor to delay in the planning process is the threat of judicial review (JR). A legal challenge, whether successful or not, can extend final decision times by months, if not years. Northern Ireland has a disproportionately high rate of litigation, and the frequency of planning challenges is rising, partly due to the emergence of experienced self-litigants and the availability of statutory cost caps, which make such proceedings more accessible. The situation is perhaps worse than many
think – JR applications often do not progress to a published judgment because planning authorities quietly concede at an early stage upon identifying flaws.
While legal challenges are an accepted part of the planning landscape, councils can take steps to mitigate their impact. A JR is not a re-examination or appeal of the original application; rather, it must identify a legal flaw in the process—such as a misinterpretation of policy or failure to adhere to legislative requirements. Many JR grounds are often thinly disguised merit-based challenges questioning professional judgment. The courts are becoming less tolerant of such challenges, particularly where they become ‘battles of experts’, typically dismissing them unless such decisions are deemed ‘irrational’, which is a rare occurrence. Councils are also becoming
more willing to resist ‘merits’ cases which can deter a potential litigant at an early stage.
Successful challenges usually revolve around two main issues: failure to follow legislation and procedure, or misapplication of planning policy. For the former, environmental assessments in particular present a risk for potential challenges. The introduction of new local development plans could increase instances of alleged policy misapplication, and ultimately it will be for the courts to interpret the new wording.
To address these challenges, planning authorities must ensure they receive clear legal advice early in the process, particularly where an application is proving controversial and generating many objections. A significant part of a planning solicitor's role is to provide this legal and procedural guidance. Often this is developer side, but councils also have access to legal expertise, and utilising it proactively can ultimately be costeffective.
Resolving legal risks early might head off a challenge (such as in the aforementioned ‘merits’ cases) or at least minimise chances of success. This proactive approach helps foster learning and best practice within councils, ultimately enhancing long-term decisionmaking.
While no amount of legal advice can entirely eliminate the risk of judicial review, obtaining sound legal counsel before making decisions is essential, especially as pressures on councils increase to deliver robust planning decisions in a reasonable timescale.
T: 0333 006 0967
E: Andrew.Ryan@tlt.com
W: www.tlt.com
Minister for Infrastructure John O’Dowd MLA has said that the Planning (General Development Procedure) (Amendment) Order (Northern Ireland) 2024, set to come into operation on 1 April 2025, will “improve planning performance with better quality applications entering the system”.
By amending the 2015 Order, the reform brings Northern Ireland’s planning practices in closer alignment with environmental regulations and introduces enhanced powers for councils.
Under the reforms, councils are granted increased authority and accountability as they will now possess explicit authority to determine the required scope of validation for applications, enhancing their capacity to manage the planning process rigorously. The stipulation that validation requirements be reasonable and relevant is centred on enhancing accountability, as councils must justify these standards based on material considerations.
To streamline application processes, validation particulars and verification procedures aim to reduce the number of incomplete or poorly documented applications, which in turn should accelerate the overall review process. Councils are expected to benefit by having better-prepared applications, while applicants gain from a structured process that minimises ambiguity. Over time, it is theorised that this may lead to reduced backlog in local government planning departments and faster decision-making for standard applications.
The alignment of statutory consultee timeframes with the Climate Change Act (Northern Ireland) Act 2022 is stated as reaffirming the Executive’s commitment to tackling climate change. Under the reforms, planning decisions are legally required to incorporate adequate environmental scrutiny, particularly for large-scale developments with potential ecological impacts.
Empowering councils to specify validation requirements (New articles 5A, 12A, and 12B)
Notice of non-compliance with validation requirements (New Article 12A)
Enables councils to specify the necessary details (validation particulars) and verifying evidence required for planning applications and approvals of reserved matters. This power allows councils to publish a ‘validation checklist’ on their websites, clarifying the evidence that applicants must provide. Under Article 5A, councils must ensure these requirements are reasonable, relevant to the development’s nature, scale, and location, and consider material aspects relevant to the application.
If an application lacks the required particulars or evidence as specified by the council, the council must issue a ‘notice of non-compliance’ detailing the missing information and reasons for the refusal. This notice functions as an automatic refusal of approval under Section 58(1) of the 2011 Act, meaning that an incomplete application does not advance further in the review process.
Grants councils greater control over ensuring applications are well-documented, reducing ambiguity and enhancing decision-making efficiency. Aims to ensure councils can better manage complex planning cases, particularly those with environmental, community, or infrastructural significance. Aims to streamline council reviews by ensuring that only complete and compliant applications are reviewed.
Aims to promote transparency by compelling councils to clarify why an application does not meet validation standards. For applicants, the notice establishes clear expectations around documentation, aiming to avoid procedural delays. Overall aim is to have faster decisionmaking, as applications without adequate supporting materials are quickly filtered out rather than undergoing protracted reviews.
Introduction of a right to appeal (New Article 12B)
Technical amendments to align planning timeframes with environmental standards
Applicant may appeal a notice of non-compliance if they believe the application has met the specified validation requirements or if they find the council’s request unreasonable. The appeal can be submitted on four grounds: Compliance with the specified particulars or evidence was already achieved the particular or evidence cited was not included in the council’s direction the council’s validation request was unreasonable and the application is outside the scope of the council’s direction.
Appeals are filed with the Planning Appeals Commission, which can allow, dismiss, or vary the notice. This appeal mechanism adds a procedural safeguard for applicants, providing recourse if they believe validation standards were misapplied or exceeded by councils.
Amendments to Articles 13, 15, and 20:
· Extended timeframes: Articles 13 and 15 now provide statutory consultees with 30 days (up from 21 days) to review planning applications accompanied by an Environmental Statement (EIA applications). This aligns with the Environmental Impact Assessment (EIA) Regulations (Northern Ireland) 2017, reflecting the increased complexity of environmental reviews.
· Planning permission definition update: The amendment aligns the definition of ‘outline planning permission’ with Section 62 of the Planning Act (Northern Ireland) 2011, refining legal consistency across planning statutes.
By mandating councils to provide notices of non-compliance and establishing a formal appeal mechanism, the reforms promote procedural transparency as applicants are better informed about application requirements, and avenues exist to contest decisions.
Introduces a system of checks and balances, ensuring that councils exercise validation requirements fairly and reasonably. It may also incentivise councils to carefully frame and communicate their validation expectations to minimise appeal cases. For applicants, the appeal option safeguards their right to contest what they may perceive as overly stringent or irrelevant requirements.
Establishment of procedural coherence across different legislative frameworks, aiming to reduce potential conflicts and streamline review times. The 30-day period for EIA applications acknowledges the complexity of environmental considerations, granting consultees adequate time for comprehensive assessments. Aims to benefit councils and applicants by providing greater predictability and consistency in planning timelines, particularly for developments involving significant environmental impacts.
Speaking in October 2024, the Minister for Infrastructure John O’Dowd MLA said that the reforms are designed to “improve planning performance with better quality applications entering the system, resulting in shorter processing times, more efficient consultee responses and quicker planning decisions”. He adds: “I am committed to improving the planning process and these legislative amendments have been introduced as a result of the Department’s Planning Improvement Programme, which is aimed at creating an efficient, effective, and equitable planning system trusted to deliver high quality, sustainable, inclusive and healthy places.”
NI Chamber and Turley on why ‘swift action’ across all parts of the planning system is critical if Northern Ireland’s planning system is to become an enabler of economic growth.
With growing consensus across government and business about the need to deliver significant improvements to Northern Ireland’s planning system, earlier in 2024, NI Chamber and Turley published a comprehensive set of recommendations for the reform of the region’s planning system. The plans included a far-reaching combination of system improvements, legislative and regulatory changes and proposals, which would ensure that, in future, the planning system is held to account for its performance.
Designed to accelerate Northern Ireland’s progress towards net zero, facilitate economic growth, and deliver
much-needed affordable housing and infrastructure, the recommendations received broad political buy-in and since then, there have been some signs of progress. Now, the report’s authors say it is time to build on that momentum and pick up the pace in doing so.
Suzanne Wylie is the Chief Executive of Northern Ireland Chamber of Commerce and Industry, one of the region’s largest business representative organisations with more than 1,000 members across the province. She has real concerns about both how the planning system is functioning and the corresponding impact on investment across the region.
Planning permission for 1,500 vital new homes on the Skeoge Link Road was first granted to a private developer in 2016, after almost 11 and a half years in the planning system.
In 2023, Apex Housing Association began developing the land for social housing but, to redesign some of the homes to Housing Executive specifications, has had to re-engage with NI Water through the planning process and before commencing development.
Despite NI Water previously confirming capacity for the previous private permission, and work having commenced on 262 units in phase 1 east of the project, planned wastewater upgrades by NI Water have not been completed due to a lack of sufficient funding.
As a result, planning permission for the remainder of the homes is uncertain, and Apex are in the precarious position of either having to pause construction of phase one, or continue with the possibility of having completed homes with no water or sewage connections.
“An efficient and effective planning system is a key economic enabler for any economy but, for Northern Ireland right now, the system here remains one of the biggest issues facing businesses in a whole range of sectors. Certainty in the function and performance of planning is key to instil confidence in the market for potential investors and for local businesses alike. For too long now, the performance of the planning system here has been a deterrent rather than an enabler for investment and growth. If our planning process is to deliver for them and for our planet, we really do need to take action now, which is why we commissioned this report to act as a catalyst for real change.”
The report was prepared by planning consultants Turley, co-authored by Senior Director, Michael Gordon, Director Philip Stinson, and Head of Strategic Communications, John Davison. Michael Gordon sets out the context for the report’s recommendations.
“Planning is a complex area but many of the proposed improvements and solutions have already been proposed. This report was about prioritising the actions that we believe will have the most positive impacts for the economy as a whole.
“Following three significant reviews in 2022 by the Department for Infrastructure (DfI), the NI Audit Office (NIAO) and the Public Accounts Committee (PAC), there is broad agreement around the need and
“For too long now, the performance of the planning system here has been a deterrent rather than an enabler for investment and growth.”
Suzanne Wylie, Chief Executive of Northern Ireland Chamber of Commerce and Industry
steps required to deliver constructive improvement to the performance of the planning system, albeit that there are no quick fixes. This requires a blend of immediate actions, cultural and system improvements. Some will require additional financial resources, personnel and expertise across the whole system of local authorities, consultees and departments.”
Whilst retaining its independence from any government department, back in January 2024, NI Chamber and Turley recommended that the performance of the Planning Appeals Commission (PAC) should be reviewed by the NIAO, given its importance to the system.
Since then, the NIAO has announced that it will be undertaking a strategic review of the overall role and function of the PAC. That review includes consideration of the range of challenges currently facing the PAC and, crucially, the options available to improve performance and wider planning outcomes in Northern Ireland. The NIAO will report on its findings in the Spring of 2025.
The report also suggested that the Department for Infrastructure uses its existing legislative powers to appoint independent commissioners to address some specific requirements, including the independent examination of local development plans (LDPs). In a welcome development, in September 2024, Infrastructure Minister John O’Dowd MLA announced that he had also made a bid to fund the appointment of independent commissioners to alleviate pressures on the PAC.
One of the most significant recommendations related to funding the system is to ensure that the whole planning system is properly resourced, from the Department for Infrastructure to local councils, to statutory consultees and the Planning Appeals Commission. There has been more progress on this front too, with the Minister informing the Northern Ireland Assembly’s Infrastructure Committee that he has made a funding bid to the Executive Transformation Fund to resource statutory consultees in the handling of planning applications.
It also proposed the medium-term introduction of penalties for planning authorities and statutory bodies that fail to meet their statutory timeframes for the processing and determination of regionally significant and major planning applications, once other measures such as additional resources are put in place. This is in addition to a proposed restructure of the distribution of Planning Fees to incentivise the performance of statutory consultees; and introduce penalties for consultees who do not respond within agreed timeframes.
Significantly, the report also suggests that consideration should be given to identifying a more suited sponsor department for the Planning Appeals Commission, which achieves the right balance between priority setting and independence.
Lead author of the report, Philip Stinson, explains the urgent need for further improvement: “There has been some improvement in application processing times in the first quarter of this year, but this has happened in tandem with a significant fall in the overall number of major applications that local council authorities have had to determine – and on average they continue to far exceed the 30-week target. Whether this is because of reduced investor confidence, or constrained public sector funding for social housing, schools, and healthcare, the planning system remains a constraint rather than an enabler of critical infrastructure.
“This steep fall in applications is most significant in renewable energy, which make up the majority of regionally significant applications with the Department for Infrastructure. As we face into a deepening climate emergency and looming climate change obligations, last year processing times for renewable energy applications rose to almost a year, and often much longer for regionally significant proposals – and yet the number of new applications have reached an all-time low – a symptom if not a direct result of the complexity and unpredictability of the planning process. Many regionally significant proposals have not progressed through the planning system due to a backlog and resourcing issues within the Planning Appeals Commission – underlining the need for its review.
“The importance of planning improvement is recognised in the draft Programme for Government, but for planning transformation to occur greater momentum is required and it must be prioritised as the means to delivering critical infrastructure for a sustainable future.”
Following publication of the draft Programme for Government, NI Chamber has called for the introduction of an additional, tenth priority which is focused on enabling critical infrastructure such as transport, grid connectivity, upgrading Northern Ireland’s mobile network and most pressingly, the region’s ailing wastewater infrastructure.
Stuart Anderson, Director of Public Affairs at NI Chamber explains: “Constraints in
Northern Ireland’s existing funding models for public infrastructure are hampering our ability to deliver on housing, decarbonisation, and wider economic development.
“In combination with an inefficient planning system, our inadequate water treatment capacity is having an immediate impact on housing delivery this year, with 2024/25 anticipated to deliver the fewest new homes in Northern Ireland since World War II. There are also signs of more immediate environmental impacts, including those already seen in Lough Neagh.”
The NI Audit Office produced a report on the planning system in 2022, and NI Chamber and Turley prioritised many of its recommendations in its own paper. Whilst some progress has been made, improvement quickly needs to become transformation.
By the same token, in March 2024 the NIAO also called for a quick and ‘comprehensive review of alternative arrangements, led by suitably qualified experts’ to address how NI Water sustainably funds wastewater infrastructure. This urgent review must be considered as the Executive consults on its 2025/26 Budget.
Turley’s Head of Strategic Communications, John Davison, highlights the differing political urgency outside Northern Ireland: “Efforts to improve the planning system and wastewater infrastructure have been prioritised by the Irish Government with the recent consent of the Planning and Development Bill 2023, and through additional funding for Uisce Éireann for investment in wastewater treatment plants and upgraded infrastructure. The UK Government has made planning reform a key plank of tackling the housing crisis and stimulating economic growth. By contrast, we simply have not prioritised the physical infrastructure and policy framework that generates investment – we are in danger of falling further behind – and this will harm our competitiveness as a region.
“Simply put, the bureaucratic and intricate nature of planning policy is not glamourous, and we seldom think about the importance to our economy or the environment of the drains beneath our feet. However, if we look south and east, both these issues have never had greater political focus – and in the clamour of our Executive to promote housing, healthcare, environment, and
“We simply have not prioritised the physical infrastructure and policy framework that generates investment – we are in danger of falling further behind – and this will harm our competitiveness as a region.”
John Davison, Head of Strategic Communications, Turley
the economy our parties are in danger of ignoring the means by which these priorities can be delivered.”
From developing renewable energy to building sustainable and affordable housing, to improving our water quality, there is much that needs to be done at pace to enable the infrastructure we need for a sustainable future. A functional planning system is as foundational to this as the drains beneath our feet.
Planning transformation presents an opportunity to open the door to significant sustainable growth and unlock Northern Ireland’s pathway to a decarbonised economy and is vital to deliver the enabling infrastructure for industry,
economic growth, healthcare, education and new homes.
We know that most economic development begins with planning, and for that reason, the performance of our planning system must be competitive to attract and encourage investment.
Northern Ireland Chamber of Commerce and Industry
T: 028 9024 4113
E: mail@northernirelandchamber.com
W: www.northernirelandchamber.com
Turley
T: 028 9072 3900
E: michael.gordon@turley.co.uk
W: www.turley.co.uk
Ulster University lecturer in planning and development, Gavan Rafferty, explores the evolving role of planning in addressing public health, wellbeing, and liveability, using recent pilot projects in Belfast as case studies.
Rafferty’s project, which he conducted alongside Belfast City Council and other agencies, was inspired by the need to understand how health-centred, placebased interventions could reshape Belfast’s urban environment, especially in the wake of Covid-19 pandemic. His research aimed to promote a more vibrant, equitable, and sustainable city, addressing long-standing social, environmental, and infrastructural challenges.
Discussing the relationship between urban planning and public health, Rafferty notes that “the built environment begins to shape and influence us in our daily lives and our practices,” and that planning decisions affect not only physical surroundings but also “social wellbeing”. Further contextualising that, historically, urban planning has been centred on responded to health crises in cities, and today, health is increasingly a priority in planning systems across Ireland and Northern Ireland.
He adds that the Strategic Planning Policy Statement uniquely emphasises “improving health and wellbeing” as a core planning principle, underscoring a renewed commitment to using planning as a tool to enhance public health outcomes.
The pilot initiative of which Rafferty refers sought to analyse three Belfast-based interventions: the introduction of cycle lanes in the city centre, the regeneration of the Millennium Quarter (including social street life initiatives), and the revitalisation of the Cathedral Gardens.
Through these projects, he says that his team assessed how urban planning could support health and wellbeing, gather public feedback, and draw actionable insights to improve city liveability. This work, he adds, also revealed the complexity of defining and achieving “liveability”, especially in a city like Belfast, where health, transport, housing, and safety challenges intersect with the city’s unique sociopolitical history.
Rafferty outlines that the research found that a significant majority of survey respondents viewed health-promoting, liveable city spaces as essential. However, he states that, when asked if Belfast’s current infrastructure supports active and healthy lifestyles, the majority of respondents felt it “does very little in its current shape or form,” citing improvements in public transport, affordable housing, and climate action as urgent priorities.
He also notes that “liveability” encompasses “safe, attractive, inclusive, and environmentally sustainable places,” a definition that aligns well with health goals, Rafferty noted. However, he also says that translating this concept into planning policies and measurable outcomes remains challenging, noting that there is a need for more “cross-sectoral data sharing” to make “informed, health-centred planning decisions”.
Rafferty also states that, in Northern Ireland, limited data-sharing agreements and fragmented policies make it hard to monitor wellbeing outcomes and measure urban change, adding: “Effective liveability initiatives require interdepartmental coordination and the integration of health data.”
Rafferty offers several recommendations which he states can “overcome systemic barriers and promote liveability in towns and cities”.
The first recommendation is the adoption of a liveability lens in decision-making, clarifying that planners and policymakers should apply a liveability framework that prioritises public health, environmental sustainability, and social inclusivity, making these values central to urban planning
decisions. This approach, he states, could also “resonate more with the general public”, who he asserts would find the term “liveability” more relatable than abstract concepts like “sustainable development.”
Secondly, he recommends the formalisation of informal engagement practices, as one of the project’s key takeaways was the potential for more “co-produced, bottom-up approaches” to planning. Pointing to survey findings that “citizens felt they were not able to influence decisions,” Rafferty emphasises that integrating informal community engagement processes could enhance citizen input in planning, especially in Belfast city centre, where public participation in decision-making remains low.
Rafferty’s third recommendation is the promotion of cross-sector collaboration. Stressing the importance of “intersectional approaches” that involve collaboration between planning, health, transport, and housing agencies, he states that addressing Belfast’s health and liveability challenges “requires cooperation beyond the planning sector”. He also recommends improving data-sharing protocols, allowing more comprehensive analysis of urban wellbeing.
His fourth recommendation is prioritising health and wellbeing as planning outcomes. While economic growth and development remain key priorities in urban planning, Rafferty advocates elevating health and wellbeing outcomes “on a par with, if not above, economic outcomes”, suggesting that developing explicit health and wellbeing frameworks to guide planning decisions and measure their effectiveness. By focusing on health outcomes, he asserts that planners could work more effectively across disciplines, as health represents a common goal shared by multiple sectors.
Concluding, Rafferty acknowledges that achieving these goals requires patience, flexibility, and a willingness to re-examine established planning assumptions, further arguing that focusing on liveability allows planners to address multiple interconnected challenges, such as access to services, quality of housing, environmental sustainability, and social cohesion, in a way that is relevant to citizens’ everyday lives.
By embracing “outcome-based” planning frameworks, he says that planning in Northern Ireland could become more responsive to public needs, adapting urban spaces to support well-being as well as economic vitality.
The Judicial Review Court increasingly plays an important role in supervising Northern Ireland’s planning system. So, what is new in planning judicial review in 2024?
There has been a tendency to think that the test for granting leave or permission to bring a judicial review was the low hurdle of the points of challenge being arguable, regardless of whether they were likely to succeed at the substantive hearing, but the courts have stressed that the test is actually a dual one –“Leave should only be granted if the
court is satisfied that there is an arguable case having a realistic prospect of success” – Kinney J, Re McLaughlin, affirmed by the Court of Appeal in 2024.
In Re Glebe Homes Ltd, the applicant sought leave to challenge refusal of permission for two dwellings in
Hillsborough. Leave was refused because no arguable case with a realistic prospect of success had been made out, and in any event the challenger had the alternative remedy of appealing to the Planning Appeals Commission, which Humphreys J concluded was:
“... demonstrably more efficacious than judicial review. The latter could only result in a quashing of the planning decision and remittal back to the council for redetermination. The PAC... can allow the appeal and grant the planning application... the outcome desired by the applicant in a manner which is bound to be quicker and more cost effective. The PAC can weigh up material considerations and interpret planning policy in the same manner as the council.”
Something not always appreciated is that a planning decision being quashed does not reverse that decision but merely voids it, so that the matter is returned to the original decision-taker for redetermination. Importantly, redetermination must take place having regard to the material considerations in play at the point of redetermination, which are not necessarily the same considerations which were material at the time of the original decision. That was made clear by Humphreys J in Glebe Homes: “When a decision is quashed by a court and redetermined, the material considerations to be taken into account at the time of redetermination are those which exist at the date of the redetermination.”
Local Development Plan policy must be interpreted by reference to its aims and intent
In Belfast City Council v PAC, the challenge centred around decisions to refuse planning permission to enable retrospective change of use from residential to short term holiday let accommodation for two apartments at Citygate, Belfast. The PAC allowed the appeals against these decisions. The applicant sought to challenge that decision, arguing that it had misinterpreted the relevant planning policy. Humphreys J quashed the PAC’s decision, finding that it had misinterpreted policy HOU13 of the Council’s Plan Strategy when interpreting what the word ‘property’ meant:
“A word such as ‘property’ in a planning policy is to be given its ordinary, natural, commonsense meaning within the context of the policy itself. It does not require to be subjected to intense forensic analysis. The relevant context will be spelt out by the aims and justification of the policy itself... The policy aims to preserve properties in permanent residential use by requiring part of the property to be retained in that state. The only coherent interpretation of the word ‘property’ in this policy must be the individual dwelling, whether that be an apartment or a house... HOU13 (f) serves to further the aims of the strategy by ensuring that properties are kept in permanent residential use whilst parts of them can be let by the owners on a short-term basis. To find otherwise is to wholly ignore the stated aims and intent of the policy and thereby to defeat it.”
Policy in an emerging, unadopted Local Development Plan can be a material consideration, and can be given determining weight
Again in Glebe Homes, Humphreys J made it clear that, given regional planning policy including the oftenforgotten 2005 Joint Ministerial Statement, planning decision-takers could not only properly take into account emerging Local Development Plan policy which has not yet been adopted, but also where appropriate give it determining weight:
“Even when a decision maker is considering an application in light of an extant plan, the policies in an emerging plan can be taken into account and, indeed, may have determinative weight. This will particularly be so when the emerging plan is at an advanced stage of the process and no objections have been lodged to the particular proposal under consideration”.
Sometimes, decisions can be so unreasonable that the courts will quash them
In the No Gas Caverns case, the Court of Appeal quashed decisions by the Department of Agriculture, Environment and Rural Affairs to grant licences authorising the installation of a five million cubic metre underground gas cavern storage facility in Larne Lough. One of the successful grounds of challenge was that the first instance judge had wrongly concluded that the decisions were not decisions which had to be referred to the Executive Committee under the Northern Ireland Act 1998 and that the decisions did pass the threshold for referral of being significant, controversial, or crosscutting. Factors influencing that conclusion were that the Minister had not sought to explain why the project was not considered significant or controversial,
where on the face of it the decisions were of economic significance and of strategic significance in terms of energy security and supply, and where the decisions on the face of it conflicted with international and domestic climate change standards –“...it seems logical to us that given the climate commitments now enshrined in our law that decision makers on large scale projects such as this will have to consider and rationalise any convergence or divergence with those standards set in law”.
These cases – and all important local judicial review judgments dating back to the 1980’s – are discussed in the recently-published Planning Judicial Review in Northern Ireland, available from Planning Online www.planningonline.co.uk.
T: 078 6024 5324 E: william.orbinson@barlibrary.com W: www.williamorbinson.co.uk
From the Foreword to Planning Judicial Review in Northern Ireland, William Orbinson KC Legal Associate RTPI and Judge Fionnuala Anne Connolly, Royal Court of Guernsey, Planning Online 2024
“This text will be of much use to those involved in actual or anticipated judicial review challenges relating to planning decisions. The unique benefit is the comprehensive citation of case-law from the High Court and Court of Appeal in Northern Ireland, which is frequently featured in the major planning law texts by way of fleeting reference only, if at all. I wholeheartedly commend this publication... one which should be kept to hand by all who work in this field.”
The Honourable Mr Justice Scoffield
The Department for Infrastructure is considering whether a complete overhaul is needed of the Strategic Planning Policy Statement (SPPS) to ensure climate resilience is central to planning decisions across the region.
A consultation aiming to review and potentially revise the Strategic Planning Policy Statement (SPPS) to better address climate change was closed by the Department for Infrastructure (DfI) in March 2024.
Northern Ireland’s planning sector has increasingly felt the strain of outdated policies unable to keep pace with the intensifying climate crisis.
When the SPPS was established in
2015 it accounted for a form of sustainable development which is now widely accepted as outdated, given legally binding decarbonisation targets under the Climate Change (Northern Ireland) Act 2022.
In this context, policymakers are currently debating whether incremental adjustments within the SPPS will be sufficient, or if an overhaul is required to place climate resilience at the core of planning strategies.
The SPPS’s core principles –supporting health, economic growth, place-making, and environmental stewardship – are stated in the consultation document as potentially “remaining aspirational without enforceable standards that hold local councils and developers accountable to climate objectives”.
For example, while positive placemaking and design could promote low-
emission, resource-efficient buildings, the SPPS currently lacks the regulatory ‘teeth’ needed to enforce this. As climate impacts become more severe, there will be a need for enforceable, climate-oriented standards across all planning decisions with the objective of ensuring that short-term development benefits do not undermine long-term resilience.
Table one shows the four topics that are likely to see significant policy updates. However, minor updates may prove insufficient, with policymakers widely accepting that a more
integrated, ambitious approach to climate-resilient planning is needed. The SPPS could become a policy tool that actively drives Northern Ireland’s climate agenda, compelling planning authorities to align all development activities with sustainable, climateadaptive practices.
This Call for Evidence aims to redefine the SPPS not only as a planning document, but as a robust framework for climate resilience. By critically examining its principles and considering substantive reforms, DfI and stakeholders will be aiming to craft a
SPPS that genuinely supports climate and development goals.
However, without a commitment to bold, enforceable policies, the planning system may continue to face the same challenges, potentially leaving communities and ecosystems vulnerable.
Submissions for the consultation closed in March 2024, and no timeframe has been outlined for a decision.
Flooding poses one of the greatest threats to Northern Ireland’s infrastructure and communities. With projections suggesting a significant increase in flood-risk areas by 2080, existing SPPS guidelines that discourage development in floodplains may no longer suffice. Updating floodplain definitions to account for the latest climate projections is essential, but planners also need more proactive tools, such as mandatory sustainable drainage systems (SuDS) in new developments. Without more stringent, climate-adapted flood management policies, the SPPS risks allowing vulnerable developments to proceed unchecked, undermining long-term resilience and safety.
Decarbonising transportation
Rural development
The SPPS’s influence on transportation policy could also be pivotal for Northern Ireland’s netzero goals. While DfI’s upcoming Transport Strategy for Northern Ireland (TSNI) emphasises lowcarbon options, the SPPS should prioritise integrative policies that reduce car dependency, promote active travel, and incorporate public transport planning into land-use decisions. Current planning practices often facilitate car-centric development patterns, thus contradicting sustainability targets. If the SPPS continues to lag in transport integration, the planning system may inadvertently hinder efforts to reduce emissions, especially given that transport is the second-largest source of carbon emissions in the region.
The SPPS’s stance on countryside development is another area ripe for critical reassessment. Northern Ireland’s distinctive rural settlement pattern poses unique challenges in achieving climate goals, especially since rural development often requires extensive travel and has limited infrastructure for sustainable energy solutions. While the SPPS encourages clustering and reuse of rural buildings, a more stringent approach may be necessary to align rural planning with climate resilience, such as mandating low-impact building designs or renewable energy integration. Without tightening these guidelines, rural areas risk being left behind in the transition to a sustainable economy.
Biodiversity in planning considerations
The SPPS nominally supports ecosystem services, such as flood mitigation and biodiversity preservation, but these considerations often fall secondary to other planning priorities. Given that Northern Ireland has seen marked declines in biodiversity, it is essential that the SPPS adopts a more enforceable commitment to ecosystem protection. Climate-ready planning will need measurable, actionable requirements – such as mandatory green spaces in developments or biodiversity offsets – if it is to ensure that planning practices support environmental health and community wellbeing.
Helen
Harrison, Managing Director of Juno
Planning & Environmental Ltd, discusses the role of social value in the planning process.
The term ‘social value’ may seem like a recent addition to the narrative on public procurement in Northern Ireland, however, its roots can be traced back to the UK Public Services (Social Value Act) 2012. The Act requires commissioners of public services to consider how they can secure wider social, economic, and environmental benefits. A draft motion for a Social Value Act in Northern Ireland was signed by all parties in 2016, however, progress was stalled until the Department of Finance publication of ‘Procurement Policy Note 01/21’, which mandated that from June 2022, public procurement tenders must allocate a minimum of 10 per cent of the total award criteria to ‘social value’, applied against a number of thresholds
including construction contracts valued above £5.3 million.
So, what is social value? A decade on from the 2012 Act there are multiple definitions in circulation. The UK Green Buildings Council suggests that in the context of the built environment, “social value is created when buildings, places and infrastructure support and enhance environmental, economic and social wellbeing”, while the Institute of Civil Engineers identifies social value as “the additional, wider benefits that can be created by organisations and projects, for individuals, communities and local businesses”.
In the Northern Ireland context, the Strategic Investment Board (SIB) has the responsibility for overseeing the measurement of social value which “is about maximising the social, economic and environmental benefits through the public procurement process”, with four social value themes focused on employment and skills, supply chains, zero carbon and wellbeing. Contractors must deliver their social value plan across these themes and achieve a quantum of ‘social value points’ proportionate to the contract value. The points relate back to measurements such as hours of employment/training/volunteering. Points are not monetised, and early feedback suggests that it may be helpful to provide proxy values to give visibility to value of benefits in a similar way to the TOMs Framework published by the Social Value Portal.
So, what has this got to do with the planning process? To better understand this question, it is helpful to consider the project cycle of a public sector development project, and the principal stages starting with strategic brief/investment case/procurement of design and delivery teams stages, followed by design development/planning approvals/construction stages leading to operation and decommissioning. Whilst early alignment with government and departmental objectives provides the foundation stones for social value on a project, it is through the design, planning and construction stages that social value really comes to life as the design teams implement their social value plans which might include apprenticeships, training and volunteering, and project teams use the pre application public consultation
process to help identify social value priorities for communities and stakeholders. These social value priorities could include short term benefits or longer-term social value interventions to be carried though the construction stages and beyond. Social value requirements support the delivery of additional benefits and interventions which might otherwise not have been secured, making the public purse work harder to deliver positive societal impact.
Working on the Belfast Grand Central Station project, the team in Juno has had the privilege of working closely with Translink, Graham, Farrans Sacyr, Babcock, and the local communities in south and west Belfast for the past 10 years, as we all navigate our way through the opportunities and challenges of identifying and delivering meaningful social value benefits, whilst seeking to listen, learn, adapt and improve through the social value journey. Translink is to be commended for pioneering the concept of delivering social value on the BGSC project long before it became a requirement to do so.
The contractor teams have all exceeded their quota of required social value points, and for the Juno team overseeing social value reporting across the project and delivering social value with Babcock, there have been some stand out social value moments, with notable ones including the provision of new mobile classrooms at St Joseph’s Primary School, the cross-community Friendship Cup football tournament organised by Sandy Row Football Club, and community Meals on Wheels events. These visible community wellbeing activities complement a substantial number of social value activities and
interventions running in the background including over 20 events supporting training and employment opportunities, 60 education events, 50 community projects, arts and heritage activities engaging over 800 people and support for the local VCSE sector.
What comes next? Professional institutes such as ICE and RIBA offer training and practical toolkits for professionals engaging in social value, and councils such as Belfast City Council already have their own social value procurement policy and toolkit linked to the Belfast Agenda. Councils across the UK are seeking to formally embed social value into the local authority planning process with consideration being given to the inclusion of social value policies within local development plans, social value plans becoming a planning application validation requirement and the use of Section 106 legal agreements to secure the delivery of social value benefits.
Social value is not a panacea to solve all the challenges faced by local communities or to take on the work of public sector agencies, but it does shine a light on local issues and importantly introduces the link between public sector investment and wider public benefit.
Helen Harrison is Managing Director of Juno Planning & Environmental Ltd specialising in large scale regeneration and renewable energy projects and pioneering the embedding of social value into the planning process.
Contact: T: 028 90645 222 E: info@junoplanning.com W: www.junnoplanning.com
Northern Ireland continues to see an overall decline in planning applications when compared with figures of the previous financial year.
The region has also seen a reduction in decided applications but has seen an increase in the number of applications that were received. There have been a variety of events which has impacted on the planning and activity processing performance in Northern Ireland. Varying Covid restrictions which remained in place up until February 2022 inevitably haltered planning progress, some users did not have the accessibility to the planning system in January and February 2022, and there was a significant change in IT planning systems in June and December 2022, all of which contributed to the decline in planning statistics that were published in October 2024.
The findings come from the Department for Infrastructure’s (DfI) annual Northern Ireland Planning Statistics Bulletin. In Q1 of the 2023/2024 financial year, the region received 2,635 applications, but only received 2,538 applications in Q1 of the 2024/2025 financial year, marking a 4 per cent annual decrease.
There was also a 12 per cent decrease in the number of applications decided when comparing the first quarters of the two
previous financial years as well as a 13 per cent decrease in the number of applications approved.
These figures mark a continued trend from the previous financial year when there were 10,025 planning applications received during 2023/24, an 11 per cent decrease from the previous financial year.
Comparing Q1 In 2024/25 with the same period in 2023/24, eight of the 11 local councils reported a decrease in the number of applications decided, with the largest percentage decrease in Ards and North Down (-33.7 per cent). However, the remaining councils reported an increase over the year, with the greatest increase in Newry, Mourne and Down (8.7 per cent).
The bulletin also indicates that some local councils remain inconsistent in adhering to its statutory targets under the Planning Act 2011. One of the targets is for “each council to ensure that major development planning applications will be processed from the date
• Planning applications were down 4% during the same period in the last financial year
• 12% decrease in the number of applications decided
• 13% decrease in the number of applications approved
• 7.5% decrease in enforcement cases being concluded within 39 weeks
• 99% of planning applications are local
• 1% are major planning applications
Source: Northern Ireland Planning Statistics Bulletin
valid to the decision issued or withdrawal date, within an average of 30 weeks”.
The average processing time for major applications brought to a decision or withdrawal during the first three months of 2024/25 was 38.6 weeks across all councils. While exceeding the 30 week target, this represents a decrease of 21 weeks compared with the same period in 2023/24 (59.6 weeks).
Furthermore, it is a statutory target for each council to ensure that local development planning applications will be processed from the date valid to a decision issued or withdrawal date within an average of 15 weeks.
The average processing time for local applications brought to a decision or withdrawal during the first three months of 2024/25, was 19 weeks; this is the same time as recorded for the same period a year earlier and still exceeds the statutory target of 15 weeks.
Six of the 11 councils did not adhere to the 15week target after the first three months of 2024/25.
Another statutory target is to ensure that 70 per cent of all enforcement cases are dealt with by councils and are progressed to target conclusion within 39 weeks of receipt of a complaint.
Across all councils, 69.7 per cent of enforcement cases were concluded within 39 weeks during the first quarter of 2024/25, representing a decrease from the rate reported for the same period last year (77.2 per cent).
Like previous years, the region has failed to meet its planning targets but there some signs of improvement. While the processing time for planning applications remains around 19 weeks, only three councils met the 15 week target in 2023/24. Moreover, for enforcement cases, the region is projected to soon meet its target of dealing with 70 per cent of all enforcement cases come the next financial year.
Northern Ireland’s planning process is set for a significant enhancement following Infrastructure Minister John O’Dowd MLA’s recent announcement on legislative amendments.
The reforms, under the aegis of amendments to the Planning (General Development Procedure) Order (Northern Ireland) 2015, aim to empower councils to create and enforce planning application validation checklists, marking a strategic shift aimed at improving the quality and efficiency of planning applications.
The amendments to part of the Department for Infrastructure’s (DfI) ongoing Planning Improvement Programme, a comprehensive initiative aiming to streamline the planning system for greater reliability, efficiency, and inclusivity.
According to O’Dowd, this policy shift is designed to refine the planning process at its initial stages: “This move is designed to improve planning performance with better quality applications entering the system, resulting in shorter processing times, more efficient consultee responses and quicker planning decisions.
“I am committed to improving the planning process and these legislative amendments have been introduced as a result of the Department’s Planning Improvement Programme which is aimed at creating an efficient, effective and equitable planning system trusted to deliver high quality, sustainable, inclusive and healthy places,” he says.
The new checklists represent a structured approach which aim to clarify the types and levels of documentation needed for different
planning applications, tailored to the nature, scale, and location of each proposed development.
Although the foundational statutory requirements for planning submissions under the Planning Act 2011 remain unchanged, the checklists introduce an added layer of specific documentation requirements aligned with the complexity and impact of each project. Planning applications will now be deemed valid only if they meet these detailed requirements, as outlined in each council’s checklist.
By front-loading the application process with a more thorough validation step, councils anticipate smoother workflows and reduced back-and-forth on incomplete applications, which have traditionally delayed planning decisions. Additionally, it is hoped that consultees, who often provide essential feedback on applications, can expect to review better-prepared applications, leading to more effective collaboration and faster responses.
The changes reflect the Department’s objective, under the Planning Improvement Programme, of delivering a planning system that is efficient, effective, and equitable. The introduction of validation checklists underpins broader efforts to build a more transparent, sustainable, and trusted planning framework.
As councils prepare to implement these checklists, stakeholders across the planning sector will need to stay
informed and be ready to adapt to the new challenges and opportunities they present.
Speaking to agendaNi, Heather Ritchie, a lecturer in planning at the School of Natural and Built Environment at Queen’s University Belfast, says that the legislative provisions “shows DfI’s commitment to planning reforms in terms of frontloading the system and providing more certainty and efficiency in the planning process, so it should be celebrated”.
In terms of how this will affect the future of training planning professionals, Ritchie says that graduates “will be entering into the profession in this new PVC [cement] era” and that academics “are beginning to teach the students about the new changes in the planning law modules”.
“We are also exploring what might happen if we end up with potentially 11 different regimes in the LPAs, since there appears to be a degree of flexibility and autonomy of the LPAs to decide whether to adopt and if so, the contents of the PVC,” she adds.
“We are also looking at whether the decision of non-conformance and route to appeal, in the already over-burdened Planning Appeals Commission is an effective recourse. As ever, it will take time to bed in, but for our graduates it is important that they are aware that it is likely they will be working under this new regime whether they work in the public or private sector.”
Social Media Belfast 2024 took place on Tuesday 10 September at Titanic Belfast. Over 200 delegates attended the event, which took a deep dive into what social media will look like for 2024 and onwards. A highlight of the conference was showcasing successful social media campaigns from Northern Ireland and beyond. Delegates in attendance heard from speakers, both visiting and local, from organisations including LADbible Group; daa; UN Women; WWF; Kingsbridge Healthcare Group; and Visit Armagh.