As I blogged on 23 September, these are challenging times for planning in Northern Ireland.
The Planning Bill being considered by the Northern Ireland Assembly, places economic matters front and centre in planning decisions. It also prevents any legal challenge against planning decisions by the Department of the Environment, the Office of the First Minister and Deputy First Minister or (in future) a council, unless the question of law relates to the European Convention of Human Rights (ECHR) or to EU law.
As I said previously, this completely contravenes principle 10 of Planning Naturally, ‘Those adversely affected by a planning decision should have a fair opportunity to challenge it’. Despite the reference in the Bill to the ECHR, it also contravenes Article 6 of the ECHR, which states that “in determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”
We understand that the new Environment Minister, Mark Durkan, has legal advice that the Bill does indeed contravene the ECHR, and this is backed up by the RSPB’s own legal advice.
Economic development and nature do not need to be mutually exclusive. The Bill in its current form reinforces the false division of putting the economy against the natural environment, and there is no evidence that could justify the draconian step of restricting civil rights in the way proposed.
The RSPB is not alone in making these views known, and has joined with the National Trust, Northern Ireland Environment Link, Friends of the Earth, Ulster Architectural Heritage Society and Community Places.
We urge the Environment Minister to withdraw the Planning Bill and start again.