4. The Minutes of Proceedings relating to this Bill, for the meeting up to and including 10 October 2002, are contained in Appendix 1

5. The Committee had before it the Planning (Amendment) Bill (NIA 12/01) and the Explanatory and Financial Memorandum that accompanied the Bill.

6. The Bill meets a commitment by the previous administration to the House of Commons Northern Ireland Affairs Committee to introduce into Northern Ireland's planning law the new enforcement provisions contained in the Planning and Compensation Act 1991 in England, Scotland and Wales. It also introduces some new measures such as Building Preservation Notices that were already a feature of planning law elsewhere in the UK.

7. In March 1999, the Department issued a Consultation Paper entitled 'Proposals for Amendments to Planning Legislation in Northern Ireland'. The Paper was given wide consultation circulation to District Councils, environmental groups, professional bodies, government departments and agencies, academics, residents' groups, businesses and others. On 28 June 2001, Departmental Officials gave a presentation to the Committee on the Department's proposals for a Planning (Amendment) Bill. The Department's letter of 7 June 2001 summarised the proposed Bill and the anticipated timetable for introduction to the Assembly - this is included in Appendix 3, Annex 1 along with a copy of the March 1999 Consultation Paper and a summary of the responses to the Consultation.

8. The Committee subsequently wrote to the Department on 13 September 2001 (Appendix 3, Annex 2 refers) requesting a comprehensive written update on the issues raised on 28 June 2001.

9. The then Minister of the Environment, Mr Foster wrote to the Committee Chairperson on 19 September 2001 (Appendix 3, Annex 3 refers) responding to the Committee's request of 13 September 2001. The letter provided the Committee with a detailed paper specifically addressing the Committee's concerns raised on 28 June 2001. This included the absence of measures in the proposed Bill to introduce Third Party Appeals and of provisions to make it an offence to commence development without planning permission. Another paper provided a summary of the proposed content of the Bill.

10. Departmental Officials gave a presentation to the Committee on the Minister's letter and associated papers on 20 September 2001 and answered Members' questions. The Committee requested a copy of a research project report by Queen's University of Belfast (QUB) on the possible implications of Third Party Appeals in Northern Ireland. The Report was part-funded by the Department and was forwarded to the Committee on 22 April 2002. The Report, which runs to some 117 pages, is available on e.mail: g.ellis@qub.ac.uk

11. The then Minister of the Environment, Mr Foster, wrote to the Committee Chairperson on 18 December 2001 (Appendix 3, Annex 4 refers). The letter provided a detailed Position Paper on the Bill which included the Minister's decision that the Policy Memorandum on the Bill to be forwarded to the Executive Committee would not include the Committee's proposal for the introduction of Third Party Appeals and the need to make it an offence to commence development without planning permission. The Committee discussed this letter and Position Paper at its meeting of 10 January 2002 and requested a copy of the Policy Memorandum as soon as possible.

12. The Committee received a copy of the Policy Memorandum proposals by way of the Department's letter of 12 February 2002 (Appendix 3, Annex 5 refers). This was discussed with Departmental Officials on 21 February 2002. A follow-up letter from the Committee dated 22 February 2002 (Appendix 3, Annex 6 refers) urged the Department to re-consider its position on Third Party Appeals and making it an offence to commence development before planning permission. The Committee also sought clarification and more information on a number of the new enforcement measures in the proposed Bill.

13. The Minister of the Environment, Mr Nesbitt, replied to the Committee's letter of 22 February, on 17 April 2002 (Appendix 3, Annex 7 refers). The Minister's letter highlighted that:

The Minister concluded by saying that his Officials will submit a detailed paper on these issues to the Committee, before Summer Recess for discussion.

14. The Committee discussed the Minister's letter of 17 April at its 25 April 2002 meeting. A further letter dated 26 April 2002 (Appendix 3, Annex 8 refers) was sent to the Department requesting information on the research and other work being taken forward on Third Party Appeals and to introduce an offence to commence development without planning permission. Further clarification was asked for on a number of other issues including the increase in the level of fines that can be imposed in a Magistrates' Court for planning offences.

15. The Department responded in its letter of 30 April 2002 (Appendix 3, Annex 9 refers) which included details of the research work commissioned from QUB on a new offence for unauthorised development and Third Party Appeals. The response also covered the issue of increasing the maximum level of fine, on summary conviction, beyond the £20,000 currently proposed, and issues on 'spot listing' powers. Finally, included with the letter were copies of some requested responses to the Department's 1999 Consultation Exercise - namely the Royal Town Planning Institute, the Historic Building Council, Ulster Architectural Heritage Society and Environmental Link.

16. Departmental Officials appeared before the Committee on 2 May 2002 to present and discuss the issues covered in the 30 April 2002 letter and attached paper. Officials agreed to copy the draft Bill to the Committee as soon as possible, together with the Department's proposals to the NIO for new offences and higher fines.

17. On 23 May 2002, the Department wrote to the Committee (Appendix 3, Annex 10 refers) enclosing a copy of the proposed Planning (Amendment) Bill, the Explanatory and Financial Memorandum and the Minister's letter of 21 May 2002 to the Secretary of State for Northern Ireland alerting him to proposals in the Bill to create new offences and increase levels of fines in respect of certain planning offences.

18. Departmental Officials discussed with the Committee on 30 May 2002 the documents attached to the 23 May 2002 letter. Officials were requested to provide the Committee with copies of the draft case to the NIO for higher fines and the new offence in relation to unauthorised development, plus a more meaningful analysis of the responses to the Department's Consultation Exercise of March 1999.

19. Following the formal introduction of the Planning (Amendment) Bill to the Assembly on 10 June 2002, the Committee agreed at its meeting of 13 June 2002 to write to all Chief Executives of District Councils and all those who provided a substantial reply to the March 1999 consultation exercise, seeking comments and, in particular, any concerns on the specific terms of the Bill. The Committee's letter to these consultees dated 13 June 2002 is found at Appendix 3, Annex 11 along with a list of addresses.

20. On 24 June 2002 the Assembly agreed the Second Stage of the Bill. The Hansard record is at Appendix 3, Annex 12.

21. On 27 June 2002, Departmental Officials appeared before the Committee to present and discuss three policy papers together with two papers from QUB. The policy papers attached to the Minister's letter of 24 June 2002 to the Chairperson of the Committee (Appendix 3, Annex 13 refers) addressed the subject of Third Party Appeals (A), Development commenced without Planning Permission (B) and Levels of Fines (C). The Department's letter of 24 June 2002 to the Committee (Appendix 3, Annex 14 refers) attached a summary of the QUB research findings on Third Party Appeals (A) and the creation of a new offence for unauthorised development (B). The full QUB reports are available via e-mail on g.ellis@qub.ac.uk and s.mc.kay@qub.ac.uk respectively. The Committee requested that Officials provide copies as soon as possible of the draft cases being made to the Secretary of State for the creation of a new offence re unauthorised development and for a further increase in the level of fines for certain planning offences.

22. On 4 July 2002, Departmental Officials again appeared before the Committee to give a structured Clause-by-Clause presentation on the Bill. This included a short explanation of the purpose of each clause and how the concerns of respondees to the Department's consultation exercise of March 1999 were addressed (as appropriate) in the Bill. A copy of the Officials' speaking notes are including in Appendix 3, Annex 15. The Committee, in addition to awaiting the draft cases to the Secretary of State referred to above, requested a paper from the Department on Third Party Appeals focusing on a potential range of acceptable appellants. A complete set of all the responses to the March 1999 consultation exercise was provided to the Committee prior to 4 July 2002. These are available in hard copy in the Committees Office and have not been reproduced in this Report.

23. On 9 July 2002 the Committee wrote to the Department as a follow-up to the 4 July meeting (Appendix 3, Annex 16 refers). The letter highlighted the papers requested of the Department, including the analysis of the responses to the March 1999 consultation exercise. It also enclosed a further response to the Committee's letter of 13 June 2002 to specific consultees - in all 18 responses were forwarded to the Department. These are to be found in Appendix 4 of this Report which contains a summary index for ease of reference.

24. On 24 July 2002, the Department wrote to the Committee in response to its letter of 9 July 2002 enclosing an analysis of responses to Committee consultations together with a copy of the Department's consideration of the responses to its March 1999 consultation exercise. (Appendix 3, Annex 17 refers.)

25. On 5 September 2002, Departmental Officials gave a presentation to the Committee on a revised Clause-by-Clause version of the Department's analysis of the sixteen responses received to the Committee's consultation on the Bill. (Appendix 3, Annex 18.)

26. On 11 September 2002, the Department wrote to the Committee forwarding a copy of the paper on Third Party Planning Appeals and a copy of the draft Policy Memorandum on increasing the maximum level of fines that can be imposed in a Magistrates' Court and making it an offence to commence development without planning permission. (Appendix 3, Annex 19.)

27. On 12 September 2002, the Minister, together with Departmental Officials, attended the Committee meeting and spoke to and discussed with Members the paper on Third Party Planning Appeals and the draft Policy Memorandum.

28. On 19 September 2002, Departmental Officials completed a structured Clause-by-Clause discussion on the Bill. Key issues discussed included listed buildings, replacement of trees, demolition, dismissal of appeals in cases of undue delay, Planning Agreements, Building Preservation Notices and status of development plans. It was agreed that the Officials would return at a future meeting to address concerns raised by the Committee on several issues.

29. On 2 October 2002 the Minister wrote to the Committee Chairperson on the outcome of his deliberations on a number of issues, namely, the increasing of the maximum Level 3 fine from £1,000 to £5,000, the retention of the date of effect of a Stop Notice, the problem surrounding the removal of trees before development and making available to courts the power to impose custodial sentences in all breaches of planning control. (Appendix 3, Annex 20.)

30. On 3 October 2002 the Committee received a letter from Mr John Woods, Friends of the Earth, suggesting potential amendments to the Bill that would provide for the introduction of Third Party Appeals. (Appendix 3, Annex 21.)

31. On 3 October 2002 Department Officials gave a presentation to the Committee on the Minister's letter of 2 October 2002 and further discussed some of the Committee's concerns arising from their presentation on 19 September 2002. At the end of the presentation, the letter from Mr John Woods, Friends of the Earth, was passed to the Officials for their consideration - it was agreed that they would speak on this at a future meeting. (Note that the Minutes of Evidence in respect of 3 October 2002 (Appendix 2) have not been examined by Members or witnesses.)

32. On 9 October 2002 the Minister copied to the Committee a letter he had sent that day to the Secretary of State to seek consent for the introduction of a new offence of commencing development without planning permission and to increase the maximum fine of £20,000 to £30,000. (Appendix 3, Annex 22.)

33. On 10 October 2002 the Minister wrote to the Committee Chairperson to advise that he now accepted the Committee's contention that, subject to health and safety considerations, Stop Notices should take effect immediately and that he agreed to amend the Bill to give Councils a statutory consultative role both when an Article 40 Agreement is being drawn up and when subsequently processing an application for the Agreement to be varied, modified or discharged. (Appendix 3, Annex 23.)

34. On 10 October 2002 the Committee also received a letter from the Belfast Metropolitan Residents' Group (BMRG) with comments on the proposed Bill. (Appendix 3, Annex 24.)

35. On 10 October 2002 Department Officials attended the Committee meeting and gave a short presentation on the Minister's letters of 9 October and 10 October 2002. The Officials also addressed some more of the Committee's concerns from the meeting of 19 September 2002. At the end of the presentation, the letter from BMRG was passed to the Officials for their consideration - it was agreed that they would speak on this at a future meeting.

36. On 10 October 2002 the Committee agreed to order to print an Interim report containing the factual evidence on the Bill received to date.