Comment

COVID-19: Northern Ireland planning update #2

Adaption is key to our recovery, and since our last update of 2 April, we and the planning system have been adjusting to change.

We have witnessed decisive efforts, and collaboration, from local, regional and central government to ensure the planning system can continue to accept, process and determine new and existing planning applications. The RSUA is providing regular updates on the current efforts of planning and building control on their website.

Today the Department for Infrastructure’s (DfI) Chief Planner, Angus Kerr issued an update to council Heads of Planning outlining changes to the Planning System in response to COVID-19. These changes in practice and regulations allow operational flexibility in Northern Ireland’s planning system, and we are continuing to advocate for further adaptions. 

We have set-out in this update how we see these changes affecting our own professional practice, and that of the 11 councils and other consultees.

Pre-application community consultation

Consultation needn’t be face to face

From today, 1 May 2020, new regulations come into effect temporarily suspending the Pre-Application Community Consultation (PACC) requirement for applicants of major and regionally significant proposed developments to hold a face-to-face public event.

In statements to both the NI Assembly’s Covid-19 Ad Hoc Committee (16 April 2020) and Infrastructure Committee (29 April 2020), the Infrastructure Minister, Nichola Mallon underscored the importance of public participation in the consultation process, and that guidance would be introduced “on appropriate measures to replace face to face public events, such as on-line engagement”.  

We have worked to shape this guidance, which has also been published by the Department for Infrastructure today.

Key regulatory changes

The Regulations temporarily suspend the statutory requirement for a public event:

• for a five month emergency period (1 May and ends 30 September 2020), subject to review after three months, and will also apply for applications submitted within the following six months of the emergency period.
• Alternative consultation can be undertaken without submission of new Proposal of Application Notice (PAN), but the planning authority should be kept advised.

The guidance encourages councils to use existing powers to require alternative forms of engagement to be undertaken, such as:

• a tailored consultation website, with feedback channels, online discussion forums, or interactive chat
• webinars and interactive web based consultation; either single or multiple events, with live question and answer sessions
• video presentations or hosted slideshows to explain the proposals
• online, telephone or postal surveys
• safely distributed information sheets, and newsletters

Continuing pre-application requirements

All other pre-application community consultation legislative requirements remain unchanged and require applicants of new major and regional significant proposals to:

• submit a Proposal of Application Notice (PAN)
• undertake PACC for at least 12 weeks
• place a newspaper advertisement outlining details of alternative consultation, and how information may be obtained
• prepare a PACC Report

The Planning (Development Management) (Temporary Modifications) (Coronavirus) Regulations (Northern Ireland) 2020 were trailed within the previous Chief Planner’s Update (27 March 2020), and adopted by the Assembly early this week. The guidance, published today, can be found on the Department for Infrastructure website.

Timeline of updates

Turley Strategic Communications - Digital and remote consultation

If you would like to find out more about our Strategic Communications team’s digital and remote consultation services download our Digital Strategy document. Alternatively we can provide a virtual CPD session to your team to support upcoming events and PAN submissions.

Application and consultee processing

The mystery of the Planning Portal

With planning officers and other planning consultee officers working from home, the lockdown has brought into sharp focus the Planning Portal, and its current limitations. Whilst all councils are now accepting new planning applications, and can access and upload response to the Portal, the current crisis has identified some constraints.

The Portal improved accessibility to the planning system for all stakeholders, not least the public, following its introduction in 2010. However, what the current lockdown has brought into sharp focus is the inability to submit applications online. The functionality exists but it was never formally introduced. This “nice to have” feature wasn’t necessarily a critical issue, until now.

No one could have predicted COVID-19, but not having this function has not only impacted the private sector but also impacts the revenue stream of each of the planning authorities across Northern Ireland.

How does the Portal work?

There are different forms of access to the portal. The system normally relies on computer hardware in the planning offices to scan and upload hard copies of application submissions facilitated by business support staff only. Electronic versions of documents can also be uploaded remotely, but until recent events, this was a function of business support. It is understood that officers are now being provided access to the business support functions from home. However having this introduced across the entire system is not as straightforward as it may sound.

What the public see on the portal is similar to what the officers see with regards to drawings, supporting information, consultation responses and representations. The functions like outgoing consultations are facilitated through the Portal and the documents need to be uploaded to facilitate the consultation. Getting new applications onto the system is the biggest challenge. Councils are trying and have found work arounds, but as this sometimes involves relying on business support staff entering council premises there are limitations in place.  

Sharing adaptations

We need all councils to continue to look at ways of making the current system work as best it can for everyone. Finding and sharing ways to work around the current system can keep it moving without detriment to the public’s ability to engage in the process.

The more action that can be taken now will minimise the impact of a backlog in the future. It is unlikely that in the event of a further lockdown the online submission function will be active soon. However a return to offices is likely to see plans developed to minimise similar impacts should lockdown restrictions come into place again.

Steps towards awarding a contract for new more modern portal, which will allow electronic planning application submissions, are being taken forward, with a new system due to be in place by early 2022.

Determinations and virtual planning committees

Some of the 11 councils have already adapted their own standing orders and schemes of delegation to allow a nominated chief officer to make decisions on planning applications that would ordinarily be taken by a planning committee. However, ratification of these protocols are required by the Department of Infrastructure, so whilst some council’s decision making is already underway, it may still take a few weeks for others to follow suit.

Virtual planning committees

Regulations are being advanced by the Department for Communities (DfC) that will enable councils to put in place arrangements for holding meetings remotely, including by (but not limited to) telephone conferencing, video conferencing, live webcast and live interactive streaming during the current Coronavirus emergency.

Virtual committees have already been introduced by some planning authorities in England, as these powers were conferred under the Corona Virus Act 2020. However, as local government is devolved in Northern Ireland they will only come into effect when new regulations are moved by the Communities Minister, Deidre Hargey MLA.

Time table for new DfC Regulations

The new regulations could come into effect early next week. We understand the regulations are time bound and will apply to council meetings to be held before 7 May 2021.

These will apply to all councils and all council meetings, including committee or sub-committee meetings, executive meetings and joint committees of two or more councils.

Local Development Plan timetable

Finally the Chief Planner has acknowledged that in the current circumstances councils may struggle to meet legislative and other obligations to inform their emerging Local Development Plans. The Department will allow greater flexibility to existing timetable, providing a further three months flexibility from that already permitted in November 2019. This allows a maximum of six months until such times that a council is able to formally revise their timetables.

Expiring permissions

For applications that are due to expire, there isn’t an immediate fix.  As the Minister announced in her statement to the Infrastructure Committee “Extending expiry timescales requires primary legislation meaning the best option was to renew or commence works which are far from ideal in the current climate. We wanted an Executive Coronavirus Bill to put that piece of legislation within the Bill but we are unsure of that coming forward or the timescale it would take”. So for now the best option remains for applicants to seek the renewal of a permission before it expires.

Planning appeals commission (PAC)

The Commission’s offices and phone lines remain closed, but they are preparing guidance on how they intend to take their work forward during restrictions. We understand that they are setting up a small engagement group to take this work forward, and will inform how the Commission’s hear and report functions can be undertaken. The PAC hope to publish updated guidance on their website shortly.

For more information please contact our Belfast or City of Derry North West offices.

1 May 2020