The organisation and structure of planning in the future Clifford McIlwaine Area Planning Manager

Development Industry Information Session

Transfer of Planning Powers to Belfast City Council Clifford McIlwaine Area Planning Manager Belfast

Sets out a long term vision for places Provides a decision-making framework to manage competing uses for space Balances economic, social and environmental needs Provides legitimacy through consultation and testing of evidence Delivers change on the ground Planning.....

What is the Northern Ireland Planning Portal ? PUBLICACCESS NI PLANNING PORTAL INTRANET PORTAL Available to Planners in District Councils and Central Government NI PLANNING PORTAL INTERNET PORTAL NI PLANNING PORTAL CONSULTEE PORTAL PROPERTY CERTIFICATES THE FACE OF THE NORTHERN IRELAND PLANNING PORTAL IN 2015

Planning Functions Transferring to Belfast City Council Local Development Planning Development Management (excluding applications of regional significance but including all other applications currently in the system) Enforcement (all breaches of planning control)

Planning Functions remaining with DOE Planning legislation & planning policy Guidance and providing support for Councils Case work: regionally significant planning applications, plan scrutiny, call-in & Article 31s Performance management and continuous improvement Statutory listing of buildings of special architecture or historic interest Fee setting, funding, grant making powers Selective reserve powers e.g. to take enforcement action

Leadership Understanding issues affecting their areas Setting the vision and objectives Setting priorities Making & delegating decisions and understanding implications Agreeing programmes and resources Engagement/community accountability Working with other authorities and agencies Scrutiny, monitoring and service improvement A Central Role for Councillors

Local Development Plan to follow BMAP  Councils responsible for new local development plans  Plans must take account of the Regional Development Strategy and the Strategic Planning Policy Statement  Councils will work with local people to create a clear vision of how the council area will look in the future  Councils will use their development plan to show how that vision will be realised and what types of development will go where

Local Development Plan – cont’d Plan-led system will provide greater certainty for all Streamlined and flexible plan system New 2 document approach – Plan Strategy & Local Policies Plan Overall timeframe reduced More effective participation from public and stakeholders early in process To speed up and improve the independent examination process by moving away from objection-based examination to ‘soundness’-based approach Monitor and review

Key changes A Plan Led System – applications determined in accordance with the development plan unless material considerations indicate otherwise A Two Tier Approach comprising: Plan Strategy – Sets vision, objectives and growth strategy and general strategic policies having regard to the Regional Policy (incl SPPS) Local Policies Plan – Sets local policies & proposals including settlement limits, zonings and designations consistent with Plan Strategy.

Key duties Timetable - Of key publication dates based on project managed approach. Statement of Community Involvement – setting out who, how, where and when consultation and policy making is to take place. Preferred Options Paper – Front loading consultation process

The key test – is it sustainable ? Councils are required to prepare a Sustainability Appraisal. incorporating Strategic Environmental Assessment and Equality Impact Assessment Based on Economic, Social and Environmental Objectives Assessment of Options, outcomes and mitigation

Public Examinations and adoption Public Examinations to focus on soundness – Are policies and proposals evidence based ? – Has adequate account been taken of regional policies? – Representations to provide robust solutions Departmental Direction – Public Examination to report to the Department – Adopt, modify or withdraw

Steps for successful change STEP 1 –Introduce legislative change Planning Act NI 2011 Draft Planning (Local Development Plan) Regulations (NI) 2015 Draft Planning (Statement of Community involvement) Regulations 2015 STEP 2 – Revise a policy framework - Regional development Strategy 2035 Single Planning Policy Statement 2015 Regional Draft Planning (Statement of Community involvement) Regulations 2015

Test of Soundness Plan Strategy & Local Policies Plan both subject to a test of soundness Test of soundness will include an assessment of the extent to which the Council has taken account of the relevant guidance contained within the RDS

Development Plan Process Stage 1 Programme Management Timetable Preferred Options Paper Stage 2 Plan Strategy Independent Examination of Plan Strategy Adoption of Plan Strategy Indicative timeframe – 22 months

Development Plan Process (contd.) Stage 3 Local Policies Plan Independent Examination Adoption of Local Policies Plan Indicative timeframe – total 40 months Stage 4 Annual Monitoring Report Review of Local Development Plan

20 Community Planning in Belfast Duty on BCC and on all Government Departments Participation of other service providers Provision of guidance Public reporting Statutory Link to Local Development Plan

Statement of Community Involvement Councils to prepare an SCI for development plan and development management functions. “a statement of the council’s policy as to the involvement in the exercise of its functions……of persons who appear to the council to have an interest in matters relating to development in its district”. Community – those who live, work, invest or visit. Subordinate legislation will provide detail on:- –Preparation- Form & content –Principles of who is involved and when –Deemed agreement process with the Department

New Approach to Development Management Front loaded system & enhanced community involvement Proportionate, fairer, predictable, responsive & efficient New development hierarchy –Defines categories and thresholds –Determines which body acts as planning authority and process route –Focuses prioritisation of resources

Development Hierarchy  Regionally Significant Developments (i.e. those making critical contribution to economic / social success of Northern Ireland as whole, or to substantial part of the region)  Major applications (e.g. large housing schemes or office developments, along with waste, energy and transport infrastructure)  Local applications (e.g. small offices, residential schemes and minor commercial or industrial developments) RSD Major Local

Development Management - Belfast Professional planners will make recommendations but Town Planning Committee will make final decisions. BCC Delegation scheme will set out the types of application that will normally be determined by councillors and those that would normally be delegated to planning officers for decision.

Departmental role Restructured Department with retained planning functions will address the following: Planning legislation & planning policy Guidance and providing support for councils Case work: regionally significant planning applications, plan scrutiny, and call-ins Scrutiny, performance management and continuous improvement Statutory listing of buildings of special architecture or historic interest Fee setting, funding, grant making powers Selective reserve powers e.g. to take enforcement action

26 Regionally Significant Applications Applications deemed to be of regional significance must be made to, and will be determined by, the Department. Have a critical contribution to make to the economic and social success of Northern Ireland as a whole, or a substantial part of the region. Also includes developments which have significant effects beyond Northern Ireland or involve a substantial departure from a Local Development Plan.

27 Major Development RSD Major Local

28 Proposal of Application Notice (PAN) 12 weeks notification of intention to submit an application To include description of proposal, site address, site plan, applicant details & details of consultation proposed At least one public event

Pre-Application Community Consultation Statutory duty to consult community in advance of submitting major / regionally significant applications Additional measure – individuals / communities retain right to make formal views during application process At least 12 weeks in advance the applicant must give appropriate notice to the relevant council / DOE Reflects the need for meaningful engagement with communities Planning Act 2011 allows the Department or council to decline to determine a planning application where pre- application requirements have not been complied with

30 Pre-Application Consultation Report Pre-application community consultation report to be submitted with application. Applicant must demonstrate what has been done to comply with pre- application community consultation requirements. Must show how comments received through consultation with community have been considered. Power to decline to accept application

31 Design and Access Statement (DAS) Core principle of reformed planning system is to support good design to achieve sustainable development. Proposed form and content of DAS proposed in subordinate legislation Certain applications for planning permission and all listed building consent applications to be accompanied by a design and access statement.

32 Design and Access Statement (DAS) DAS Required: major development; or where any part of development is in a designated area, development consisting of provision of one or more dwelling house or where the floor space created by the development is 100m 2 or more. DAS Not Required: applications to develop land without compliance with conditions previously attached; engineering or mining operations; a material change in the use of land or buildings; or waste development

33 Pre-Application Discussion (PAD) Although non-statutory it is an integral part of a positive and proactive planning process Strong linkages with pre application community consultation Proportionate to scale and complexity of application Benefits of PAD widely recognise

34 BCC Scheme of Delegation Council to prepare a scheme of delegation, stating application types where decision may be taken by appointed officer rather than council. Decision making for local applications. Does not include major or regionally significant. Should not include application by council/elected member of the council; or application that relates to land in which the council has an interest Copy to the Department for approval & make available for inspection.

Planning Enforcement As with local development plans and development management, planning enforcement will also transfer to Belfast City Council from 1st April 2015

Key Enforcement Powers Enforcement Notice Breach of Condition Notice Submission Notice Stop Notice Court Action

New Powers Fixed Penalty Notice DOE Powers - reserved

Delegated Powers for Enforcement Belfast City Council Approach to Enforcement Priorities, Strategy & Expectations

Publicity Arrangements – All Applications Publicity arrangements for applications for planning permission –Newspaper advertising –Neighbour notification –Website – currently the Planning portal –Allow councils to explore options beyond statutory minimum

Statutory Consultation Statutory consultation arrangements Duty to respond within statutory timeframe – 21 day standard. Extension by exception – more complex applications. Substantive response – no holding replies. Reporting requirements – proposed as annual In addition: Expanded list of consultees – rationale/draft schedule

Council’s own planning applications The usual procedures for planning control, trees and enforcement apply equally to the land of, and development by, district councils in the same way as to everyone else. Council’s own planning applications will be required to be notified to the Department. Department will then consider whether to call-in. Transparent with necessary safeguards.

Capacity Building and Training BCC – Project Team and Programme Management BCC – Councillor training (Shadow Town Planning Committee and elected members of Council) DOE events  Development plans and working with the community  Practical planning  Propriety and ethical issues In-House training

Roll-Out Lessons learned from Newry Mourne and Down pilot used to inform remainder of transfer programme  Belfast 27 March 2015

TRANSFORMATION – LOOKING FORWARD Local political direction, priorities, decisions and accountability Planning function at heart of Council activity at top- table Council setting agenda on service and performance Planners working closely with BCC officials to enhance services Ensuring the focus is on delivery and enabling development: timely decisions; a new plan/policies;

TRANSFORMATION – LOOKING FORWARD – cont’d New local relationships: development industry – individual and collective; competition and collaboration with other local authorities; Belfast communities. Context: Belfast as the regional capital; and driver of the regional economy.