Minister John O’Dowd MLA: Planning for better outcomes

Infrastructure Minister John O’Dowd MLA discusses the planning landscape almost a decade after reform and describes the ongoing work towards a “modern, fit for purpose planning system”.

Q: March 2025 will mark a decade on from planning reform in Northern Ireland, yet, as recent as 2022, the Northern Ireland Audit Office described the performance of the planning system as “appalling”. What are the plans to improve this?

A: I recognise that the planning system in the North plays a pivotal role that enables development to meet the needs for our economy and society whilst protecting our unique and special environment.

It is important to acknowledge that the planning system here has experienced major reform since 2015. This reform has resulted in a two-tier system and transferred a significant proportion, or 99 per cent, of all planning decisions to local councils. The reform also introduced powers for councils to formulate and produce their own local development plans (LDP).

My department has an important strategic planning function and leadership responsibility, but it is also important to recognise that there exists the respective roles between the Department for Infrastructure (DfI) and councils in the reformed two-tier planning system.

It was recognised by ministers at the time, that replacing a unitary planning system with 11 autonomous bodies responsible for their own staff, resources, and individual performance would inevitably bring some diseconomies of scale and create some fragmentation and legitimate variances in approaches to policymaking and decision taking. However, the Executive was of the view that these outcomes were offset by the advantages of bringing local planning functions closer to local politicians and communities, reflecting a better balance of powers between the Assembly and local government.

Decisions made within the planning system are often made within a complicated and contested space where many issues must be carefully balanced and considered in the decision-making process. Global, regional, and local issues such as climate change, the protection of the environment, the need to provide housing, and deliver infrastructure also add to the complexity of the system set in a time where there are serious financial restrictions and against the backdrop of a pandemic.

The 2015 reform of the planning system has also delivered a significant increase in public participation, with more third parties engaging the process in a more active and informed way and it has also led to increased political and media interest. In addition, the system has also become more litigious in recent years and the associated pressures and delays adds to the process.

The operation of the system is a collective responsibility – a reality that is often overlooked – involving many stakeholders, all of whom have an important part to play in delivering their roles effectively, including public sector planners and support staff, elected representatives, planning applicants and their professional agents, statutory (and non-statutory consultees), community, and lobby groups etc.

I am pleased during 2023/24 the proportion of statutory consultations responded to on-time (within 21 calendar days or longer agreed timeframe) was 74 per cent, this rate improved from the 72 per cent recorded on-time in 2022/23.

The decade of planning reform has led to the emergence of new LDPs. These documents are an integral feature for the delivery of local council aspirations for growth and development in local areas.

“My officials are currently undertaking a process of engaging with local council colleagues and other stakeholders with the intention of moving the improvement agenda into a second phase whereby there is a refocus on key areas of action.”

Infrastructure Minister John O’Dowd MLA

Q: The Planning Improvement Programme (PIP) was designed in the absence of an Executive. Having been in the post for almost 10 months, what do you identify as the areas most in need of action in the delivery of a more efficient regional and local planning system?

A: My department has led the way in the planning improvement agenda. Following engagement with local councils and other stakeholders, the PIP was developed comprising 40 actions across key thematic areas including governance; policy and legislation; local development plan; development management; performance; and engagement, and is being delivered in collaboration with council planning authorities. Good progress has been made in delivering the programme with achievements including the introduction of new legislation for validation checklists for planning authorities; planning fee uplifts; and a review of the Planning (Development Management) (NI) Regulations 2015.

Integral to improving the planning system is the role of statutory consultees and the ongoing work that the Department has been conducting with them and local government through the Planning Statutory Consultee Forum (PSCF). Significant progress has been achieved through the forum, including the development of quarterly and annual reports on statutory consultation performance; a review of statutory consultee advice and published guidance; production of a protocol for statutory consultees, which sets out what involvement/support is required from them to support an effective and efficient planning system; and delivery of training to statutory consultee staff on the challenging and time-consuming area of Environmental Impact Assessment, as part of the Department’s Environmental Governance Work Programme.

However, I am keen that we take forward the lessons learnt to date and build upon this in a focused way to deliver improvements. My officials are currently undertaking a process of engaging with local council colleagues and other stakeholders with the intention of moving the improvement agenda into a second phase whereby there is a refocus on key areas of action with the most potential to positively impact on planning authority performance and the efficiency and effectiveness of the planning system going forward.

Q: How challenging is the current budget allocation to progressing improvement in the planning system, particularly within a shortened mandate?

A: One of the main challenges in the Department is the difficult financial environment created by underfunding and austerity by consecutive British governments and this also impacts the planning system.

I continue to press for funding, but let me also be clear that I am investing hundreds of millions of pounds to improve our road, rail, water, and public transport infrastructure. I want to make every penny count to ensure that it is used wisely to boost the economy, address regional imbalance, and to improve people’s lives.

In that regard, I am delighted that my department’s ‘Transforming Planning’ bid to the Interim Public Sector Transformation Board has made it to Stage 2 of the process. This bid includes proposals to support and enhance the role of my department’s statutory consultees and to appoint persons to undertake, hear, and report work that the Planning Appeals Commission (PAC) has been unable to progress. I am hopeful that this bid will ultimately be successful and help us to place impetus behind the consideration of regionally significant proposals so we to provide clarity for all stakeholders involved.

Q: Amidst a changing landscape, there is evidence that the Planning Appeals Commission is under increased pressure. In your view, does the Department have a role in supporting the commission, and has any action been carried out in this regard?

A: My Department has powers to appoint independent persons to conduct certain matters such as hearings or examinations instead of the Commission, however, this is not necessarily a simple undertaking and is one which would require very careful consideration and would require additional funding.

As mentioned above, my department’s ‘Transforming Planning’ bid to the Interim Public Sector Transformation Board has made it to Stage 2 of the process. This bid includes proposals to appoint persons to undertake, hear, and report work that the PAC has been unable to progress. I am hopeful that this bid will ultimately be successful and help us to place impetus behind the consideration of regionally significant proposals so we to provide clarity for all stakeholders involved.

My officials are also now in the early stages of drafting a proposal for a ‘memorandum of understanding’ between key stakeholders, the PAC, departmental and local council officials in relation to the local development plan process.

“Continued collaboration is required to secure a modern, fit for purpose planning system which delivers the right socio-economic and environmental outcomes for our people.”

Q: How important is improvement in the planning system to achieving Northern Ireland’s decarbonisation ambitions?

A: I am committed to delivering against decarbonisation targets but recognise that the Executive as a whole, and all stakeholders, need to work collectively towards the delivery of net zero.
The target of 40 per cent of electricity consumption from renewable sources by 2020 was easily met and exceeded, the challenging commitments in the Energy Strategy and the Climate Change Act, which has established a renewable electricity consumption target of 80 per cent by 2030, are acknowledged. My department has and continues to engage with the Department for the Economy, the renewables industry, and local authorities in terms of the challenges that lie ahead, given these ambitious targets, with a view to encouraging better quality of submissions on appropriate sites.

Work on the review of Regional Strategic Planning Policy for renewable and low carbon energy is at an advanced stage of completion and I hope to be able to publish it as soon as possible, subject to Executive agreement. I expect that the policy change to the Strategic Planning Policy Statement will make a positive contribution to supporting the wider efforts of this Executive in the transition to a net zero carbon economy.

Q: How does proposed change to the Strategic Planning Policy Statement (SPPS) align with progress of LDPs?

A: The local development plans contain bespoke policies for renewable energy development, and these will have taken account of planning policy in the SPPS. Councils are required to review their LDP every five years. Councils may review their LDP sooner, if necessary, should the annual monitoring of the plan identify new evidence that would support a different approach. Although many of the current plan documents were published before the provisions of the Climate Act 2022 came into effect, these documents may be reviewed as necessary in light of future policy changes and my officials continue to engage with all councils as part of their plan preparation.

Q: How important is planning system improvement to the overall opportunity for economic growth for the region, and what would you consider success in the remainder of the mandate?

A: Progress is being made but we must continue to focus on what we can do to make the difference our society needs.

We must ensure that the planning system works for businesses, people, and the environment. The Executive’s draft Programme for Government seeks to improve the planning system here as part of our commitment to investing in our public infrastructure and reshaping how our services are delivered.

Success means getting infrastructure right. This requires investing in it accordingly and planning for our future by building the foundations for better urban and rural communities.

The new Grand Central Station, for instance, is a shining example of the importance of infrastructure and the transformative changes my department can deliver.

However, I would stress that collaboration across many agencies has been key to this project’s success and continued collaboration is required to secure a modern, fit for purpose planning system which delivers the right socio-economic and environmental outcomes for our people.