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STRATEGIC PLANNING BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

  1. This Explanatory and Financial Memorandum relates to the Strategic Planning Bill. It has been prepared by the Department for Regional Development to assist the reader of the Bill and to help inform debate on it. The Memorandum does not form part of the Bill and has not been endorsed by the Assembly.
  2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill. Where a clause or part of a clause does not seem to require explanation or comment, none is given.

    3. BACKGROUND AND POLICY OBJECTIVES

  3. The primary purpose of the Bill is to amend the Planning (Northern Ireland) Order 1991 in order to assist the Department of the Environment and the Department for Social Development to carry out their statutory functions in respect of the implementation of the regional development strategy which was agreed by the Assembly on 17 September 2001 and formulated on 20 September 2001.
  4. The former Department of the Environment had commenced formulating a regional development strategy prior to the transfer of responsibility for strategic planning to the Department for Regional Development. The Belfast Agreement contained a commitment to make rapid progress with a new regional development strategy for Northern Ireland. That commitment was reflected in the first Programme for Government. The regional development strategy, which will cover the period up to 2025, provides an over-arching strategic planning framework to facilitate and guide the long term development of the region.
  5. Following the re-structuring of the Northern Ireland departments, strategic planning became the responsibility of a new Department for Regional Development, and operational planning responsibilities, including development control and preparation of development plans, vested in a new Department of the Environment. The responsibility for development schemes was allocated to a new Department for Social Development. Additional legislation necessary to allow the Department for Regional Development to exercise strategic planning powers was formulated in the Strategic Planning (Northern Ireland) Order 1999 which provided the legal context for the preparation of the regional development strategy. That Order also amended the Planning (Northern Ireland) Order 1991, the effect of which was, to impose an obligation that future planning policies, development plans and development schemes must be 'consistent with' the regional development strategy.
  6. This relatively short Bill is in three parts. First, it will amend the 'consistent with' requirement to one of 'in general conformity with'. Second, it will make provision for a statement of conformity procedure in the statutory planning process, which will re-affirm the primacy of the regional development strategy in relation to the requirement that all future development plans must be in 'general conformity with' it. Third, it will make provision for a transitional saving for three development plans. The explanation for each of these is set out below.
  7. The first provision is in response to concern expressed that the 'consistent with' requirement contained in the Strategic Planning (Northern Ireland) Order 1999, might inhibit the Department of the Environment in its ability to secure the orderly development of land - an obligation imposed on that Department by Article 3 of the Planning (Northern Ireland) Order 1991. It is further argued that it might also adversely affect its ability to respond to changing demographic, social, economic, environmental and technological factors, particularly in respect of planning policies and development plans. The Regional Development Minister and the Environment Minister have agreed that there is a reasonable argument that the current legislation might inhibit the Department of the Environment's ability to secure the orderly and consistent development of land. It was also agreed that the potential problems which might result from the 'consistent with' requirement can be averted by replacing that requirement with one of 'in general conformity with' in respect of Articles 3, 4 and 86 of the Planning (Northern Ireland) Order 1991.
  8. The second provision will enable the Department for Regional Development to assess whether or not a development plan is 'in general conformity with' the strategy and to issue statements in respect of those plans. The statements will issue at two stages in the plan making process. The first statement will be in respect of the draft plan prior to its publication. Any statement of non-conformity must specify in what respect the draft plan is considered by the Department for Regional Development not to be in general conformity with the regional development strategy. A statement of non-conformity will be treated as an objection to the draft plan. Subsequently, after a public inquiry and before the adoption of a development plan, the Department for Regional Development would be required to provide a further statement confirming (or not) that a plan is, in the view of that Department, 'in general conformity with' the regional development strategy. Such a statement must be taken into account by the Department of the Environment before it adopts a development plan. The statement of conformity procedure will apply only to development plans.
  9. The third provision will introduce transitional arrangements in respect of draft development plans published prior to formulation of the strategy. This provision addresses the difficulties surrounding three emerging plans that commenced a number of years before publication of the Regional Strategic Framework, and were at an advanced stage at the date of formulation of the regional development strategy. The provision introduces a derogation from the proposed requirement that development plans be 'in general conformity with' the strategy, for the three plans concerned. Furthermore, the Department of the Environment will be exempt from the requirement under Article 5 of the Strategic Planning (Northern Ireland) Order 1999 to 'have regard to the regional development strategy' in respect of the making of these plans. The Department of the Environment will also be exempt from the requirement that any policy prepared under Article 3(1A) of the Planning (Northern Ireland) Order 1991 should be in general conformity with the regional development strategy in the making of the three excepted plans. The three excepted plans will be the Cookstown Area Plan 2010, the Craigavon Area Plan 2010 and the Dungannon and South Tyrone Area Plan 2010.

    10. CONSULTATION

  10. The Bill is largely technical in nature and its provisions have not proved controversial. The Department issued a consultation document on 2 January 2002. A total of 406 organisations and individuals were consulted including Ministers, Members of the Assembly, district councils, Northern Ireland departments, statutory consultees under section 75 of the Northern Ireland Act 1975 and those who were primarily consulted on the regional development strategy. A total of 31 responses were received largely from district councils, public bodies and departments.

    11. OPTIONS CONSIDERED

  11. The proposed legislation is the only means possible for dealing with the issues which have emerged with regard to the relationship between the regional development strategy and development plans. The provisions of the Bill have been agreed by the Department for Regional Development, the Department of the Environment and the Department for Social Development. The main provisions have also been the subject of independent legal opinion that has confirmed this approach.

    12. OVERVIEW

  12. The Bill contains four clauses.

COMMENTARY ON CLAUSES

The clauses are as follows:

Clause 1: Certain policies, plans and schemes under the Planning Order to be in general conformity with the regional development strategy

This clause further amends Articles 3 (1A), 4(1A) & 86(6) of the Planning (Northern Ireland) Order 1991. Under these provisions planning policies, development plans and development schemes must be 'consistent with' the regional development strategy. The amendment will delete the words 'consistent with' and substitute the words 'in general conformity with'.

Clause 2: Development plans: statement as to general conformity with the regional development strategy

This clause provides for the introduction of a statement of conformity procedure by the Department for Regional Development where the Department of the Environment proposes to make, alter or replace a development plan. The Department for Regional Development would be required to issue statements as to whether a development plan is, or is not, in general conformity with the regional development strategy. The Department for Regional Development will be required to issue statements of conformity at two stages in the plan making process:

Clause 3: Regional development strategy: transitional arrangements for certain development plans

This clause makes arrangements in respect of three development plans which were at draft plan stage prior to the formulation of the regional development strategy on 20 September 2001. The following development plans will be treated as 'excepted plans':

The statement of conformity procedure in clause 2 does not apply to 'excepted plans'.

The provision in Article 3 (1A) of the Planning (Northern Ireland) Order 1991 that the Department of the Environment shall ensure policy formulated shall be in general conformity with the regional development strategy does not apply in relation to the making of an excepted plan.

The provision in Article 4 (1A) of the Planning (Northern Ireland) Order 1991 that a development plan for an area must be in general conformity with the regional development strategy does not apply in relation to an excepted plan. This exemption will apply to the plan as adopted under Article 8 of the Planning (Northern Ireland) Order 1991, and will cease to apply to an excepted plan if it is altered or replaced.

The provision of Article 5 of the Strategic Planning (Northern Ireland) Order 1999 that government departments shall have regard to the regional development strategy in exercising functions in relation to development does not apply to the Department of the Environment in relation to the making of an excepted plan.

Clause 4: Short title and interpretation

This clause provides for the Act to be called the Strategic Planning (Northern Ireland) Act 2002. This Act will come into operation on receiving Royal Assent.

FINANCIAL EFFECTS OF THE BILL

  1. It is not considered that the Bill will have any additional cost implications for any department or other public or private body or individual. It is likely that any work emerging from the main provisions can be handled from within existing resources.
  2. Financial benefits are not readily identifiable, but it is possible that the greater certainty about the relationship between the regional development strategy and any development plan, planning policy or development scheme, will reduce the likelihood of costly litigation.

    3. EFFECTS ON EQUAL OPPORTUNITY

  3. The Bill is primarily amending legislation, which will enable delivery of the regional development strategy. It does not involve the introduction of new policy. Equality aspects have been a central consideration in development of the strategy. The impact of the Bill on equality of opportunity affecting the groups listed in section 75 of the Northern Ireland Act 1998 has been considered and no adverse or differential impacts were identified.

    4. HUMAN RIGHTS ISSUES

  4. No human rights implications have been identified.

    5. EQUALITY IMPACT ASSESSMENT

  5. There is no evidence that the proposed legislation would advantage or disadvantage any groups identified in section 75 of the Northern Ireland Act 1998, therefore, the Department considers that equality issues do not arise. Following the screening exercise the Department considered that an Equality Impact Assessment on the proposed legislation was not necessary.

    6. SUMMARY OF THE REGULATORY APPRAISAL

  6. A full Regulatory Impact Assessment of the costs and benefits of the proposed measures is not considered necessary, since they impact directly on departments and do not impose significant additional costs. They should not affect businesses, charities or the voluntary sector.

    7. LEGISLATIVE COMPETENCE

  7. At Introduction the Minister for Regional Development had made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Strategic Planning Bill would be within the legislative competence of the Northern Ireland Assembly."