10/01/2003

NIO plan 'tough' new planning laws

The NIO have revealed that planning laws, set to go before parliament, will enhance protection for historic buildings and allow agencies to come down hard on those who flout the law.

The proposed draft Planning (Amendment) (NI) Order 2003 will include “spot listing” for at risk buildings, a new fines structure will raise Northern Ireland as the toughest in UK and a greater powers for local councils are also on the way.

Parliamentary Under-Secretary of State Angela Smith MP, who will shortly lay the draft before the Commons, said: “Northern Ireland deserves a modern, effective and tough planning system. I intend to press ahead with legislation to strengthen and improve the planning system in Northern Ireland and, importantly, to get tough on those who flout planning laws."

The DoE will have spot-listing powers to allow the department to move much more quickly when buildings are at risk. And for those who demolish or alter a listed building without consent, the courts will have imprisonment as an option – although custodial sentences are not part of the package. Fines for breaches of enforcement notices will also rise significantly by 600% from £5,000 to £30,000.

The Order will also assist DoE and DSD to carry out their statutory functions in respect of the implementation of the Regional Development Strategy, which was agreed by the Northern Ireland Assembly in September 2001.

However, former Ulster Unionist Minister Dermot Nesbitt criticised Mrs Smith for failing to make abuse of planning laws a criminal offence.

Mr Nesbitt said: “I am particularly disappointed that Mrs Smith has not seen fit to include criminalisation as part of this Order, claiming that further consultation is required. Criminalisation would have meant that people who commence building without planning permission would be in breach of the law. I regard this provision as vital in order that the public can have confidence in the Planning Process.

“Further Consultation is not required as Criminalisation had already received cross-party support. Once again we see Direct Rule failing us all. If devolution is to mean anything it must allow local solutions for local problems, and Direct Rule Ministers must be seen to be responsive to the views and opinions of locally elected representatives.”

Mr Nesbitt said that he would be seeking a meeting with the minister in the near future.

The problems with the planning laws were highlighted last year when the former Belfast home of Seamus Heaney was bulldozed – legally – despite public outcry. The DoE were unable to halt the destruction of the building.

(GMcG)

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