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Northern Ireland: Planning update November 2024

As we move further into the final quarter of 2024, we provide an update on the current position of planning legislation within Northern Ireland, including the introduction of validation checklists and recent movements within the Local Development Plan process.

In our last planning update in June 2024, we shared details on several councils in Northern Ireland who were bringing forward validation checklists to identify information to be submitted with a planning application. We also advised that the Department for Infrastructure (DfI) was preparing legislation that would give councils statutory powers to prepare and publish their checklists to support the validation of planning applications. This followed a public consultation exercise undertaken in January 2023.

On 8 October 2024, Minister for Infrastructure John O’Dowd announced the introduction of the validation checklist into legislation through The Planning (General Development Procedure) Order (Northern Ireland) 2015. The validation checklists are one measure from the Department’s Planning Improvement Joint Work Programme which seeks to improve the performance and delivery of the planning system.  

What is a validation checklist?

The validation checklist is designed to guide applicants and their agents on the necessary information to be submitted at the time of making a planning application. The DfI considers that “the validation checklists will help inform applicants on the level and type of information required to be submitted along with their planning application”. “The objective is to minimise back-and-forth communication between applicants and councils and to prevent unnecessary delays caused by incomplete applications.

The checklist will specify the types of supporting documentation required to ensure that an application is valid. This will include technical assessments, such as transport reports, noise and drainage assessments, and any other necessary technical documentation, proportionate to the nature and scale of the planning application.  

It is important to note that councils are not required to introduce a checklist, and they can choose not to implement one. In addition, applications made to the DfI will not be subject to validation checklists as it only applies to councils.  

When does the validation checklist come into practice?

The legislation comes into effect on 1 April 2025. As outlined above, from this date, local councils will have powers to prepare and publish planning application validation checklists.  

What does this mean for applicants?

The current statutory minimum requirements for validation remain unchanged. However, the checklists will set out the additional supporting information required to accompany different types of planning applications, specific and proportionate to the type of development proposed, including its nature, scale and location. Planning applications will now only be considered valid when they comply with all of the information requirements contained in a council’s published checklist.

For applicants, the introduction of the validation checklist means an additional level of information will be needed to achieve a valid planning application. We anticipate that each council’s checklist will also have different requirements, so applicants must carefully review the checklist and ensure that all relevant information is included at the submission of an application.

The purpose of the checklists is to have all necessary information submitted at the start of the planning application process which should lead to faster application processing times.  

Local Development Plan (LDP) update

Since our last LDP update in June 2024, there have been significant milestones reached in the Local Development Plan process by some councils:  

Antrim and Newtownabbey Borough Council (ANBC)  

ANBC received direction from DfI on their draft Plan Strategy on 27 September 2024 and they are now able to move ahead and adopt their Plan Strategy. Whilst the Department accepted the majority of the findings reached by the Planning Appeals Commission, the Department has directed ANBC to revisit their policy in relation to Abbey Centre. A revision will be to their adopted plan and will be subject to the same plan preparation process as the draft Plan Strategy, and, as such, will have to undergo further Independent Examination.  

Belfast City Council (BCC)

BCC intends to publish their draft Local Policies Plan (LPP) for public consultation in Q2 2025, in line with their LDP timetable. BCC has published their ‘Draft LDP Engagement and Communications Plan’ which covers the period from October 2023-March 2025 and details the engagement and supporting communications from the informal consultation period for the LPP between now and the publication of the draft LPP.  

Pre-Application Discussions (PAD)

Since our June 2024 update, Causeway Coast and Glens have introduced new procedures for PAD, including a fee. This came into effect 1 September 2024.  

Should you have any queries about the above update or about planning in Northern Ireland, please get in touch with Philip Stinson, Emma Kelly or Conor Campbell. 

7 November 2024