Comment

COVID-19: Northern Ireland planning update

These are extraordinary times we all find ourselves in. Amid the disruption we want to assure you that we will continue to make every effort to progress your projects through the planning system in Northern Ireland.

Our teams are fully equipped to work remotely, having encouraged flexible working for a number of years. As a result we remain easily contactable and well connected with one another, with full access to all of our systems.

Alongside keeping our clients up to date on relevant changes, we are advocating on your behalf. Below is a summary of the current situation and response of the planning system in Northern Ireland.

Supporting decision makers

We have been in contact with each of the 11 councils regarding how they will adapt their planning services and decision making to respond to the unprecedented circumstances within which their business is being carried out.

In most instances planning officers are working from home and contactable by email. In addition to resourcing and business continuity, the principal issues councils are seeking to deal with are:

• Physically receiving and validating applications when offices are closed to the public and, unlike elsewhere, there is no ability to submit applications electronically.
• Kicking off and sharing information with consultees and the public when, at present in most instances, there are issues accessing the internal interface of the planning portal remotely.
• Communicating with applicants/agents and one another when physical meetings are not possible.
• Getting decisions issued, particularly where these require consideration by planning committees which, in most cases, are not currently meeting.

Adjusting to change

As with many other public services, those responsible for the operation of the planning system are looking for ways to address the issues they are facing as best they can.

On Friday 27 March, the Department for Infrastructure’s (DfI) Chief Planner Angus Kerr issued an update to council Heads of Planning, seeking to address some of the questions relating to the implications of the current situation.  He acknowledged the concerns about the impact on the ability of councils to process applications within statutory timescales.  Encouraging councils (and DfI) to be innovative, pragmatic and proactive, he recognised the importance of providing the best service possible, especially where this will support the local economy and help deliver essential services.  

Submitting planning applications

Practice in relation to the submission of applications, and procedures on their receipt, varies from council to council:

More strategically, as flagged in the Chief Planner’s Update, initiatives being progressed or under active consideration include:

• Adjustments to individual council schemes of delegation to reduce the volume of applications requiring a decision by planning committee, and so increase the number of applications capable of being dealt with by officers.
• Amending legislation to facilitate meetings of planning committee by video conference, as has recently been progressed in England.
• Focusing resources on Pre-Application Discussion (PAD) submissions, report writing and progressing Section 76 Agreements.

Determining planning applications

The determination of major planning applications at planning committee meetings with a quorate number of members present is challenging in light of the UK-wide shutdown. However, currently Fermanagh & Omagh District Council and Mid & East Antrim Borough Council intend to proceed, adapting venues to enable operation within Government guidelines on social distancing.

The Coronavirus Act 2020 has now received Royal Ascent and, amongst other things, enables Local Planning Authorities to hold virtual planning committee meetings – an approach which was not previously permissible. Secondary legislation, in the form of regulations, is expected to be brought forward by the Department for Communities.

Several councils have yet to make decisions on the operation of planning committees, and are considering alternative arrangements to discharge their functions. This may include almost all powers being nominated to a chief officer, whilst others are considering a level of political input and public representation through consultation with specified officers, group leaders or individual members of the planning committee such as the chair. We will continue to monitor and update you as these procedures become clear.

DfI has closed its offices to the public. We understand that the majority of officers are working from home.

The Planning Appeals Commission (PAC) is open to the submission of new appeals electronically and appellants have been reminded of the statutory time limits within which to do so. Arrangements for the submission of evidence and proceedings have been temporarily suspended pending review by the PAC, while commissioners are working from home.

Our contact with many of the planning consultees indicates that most have transitioned to remote working and consideration of consultations.

Advocating on your behalf

In light of the current Government requests on social distancing, we wrote  to the Minister for Infrastructure asking her department to introduce legislative measures to relax the statutory requirement for a public consultation event for major applications, provided applicants can facilitate alternative forms of online and remote consultation. We welcome the confirmation in the Chief Planner’s Update that this request has been accepted.  The Minister will now legislate an amendment to temporarily remove the requirement for a public event for major applications.   

We continue to work actively with Belfast Chamber and others to shape the new regulations, ensure clear guidance for councils and suggest other ways to minimise delays to the submission, processing and determination of applications. 

Keeping you informed

These are a constantly evolving set of difficult circumstances for the planning system, as with society at large, to deal with. We will play our part by being responsive, adaptable and agile in our actions. As ever, we are committed to building relationships, responding positively to our clients’ needs and holding fast to our core attributes of deep thinking, smart strategy and expert delivery.

We will keep you up to date with more details on the operation of the planning system in Northern Ireland as they emerge. For more information please contact our Belfast or City of Derry~North West.

2 April 2020