Mark Durkan
Foyle · Social Democratic and Labour Party · Northern Ireland
“That review involved an extensive engagement exercise with charities, regulators and funders, aimed at creating a more modern and proportionate regulatory system.”
“When the review was commenced in 2021, many organisations were still in the midst of responding to the pandemic. Since then, they have faced a succession of new and evolving challenges. The ending of European funding programmes, on which so many in our communities relied for decades, has left a significant gap.”
“<BR /> <BR />The broad principles behind the Bill are sensible. The changes will modernise charity regulation, strengthen the Charity Commission's ability to intervene where misconduct or mismanagement occurs, improve information sharing and, importantly, reduce unnecessary red tape, particularly for smaller charities with limited adminis…”
“I welcome the opportunity to speak today. Before turning to the detail of the legislation — there will not even be that much detail in the debate today at Second Stage — I pay tribute to our charity sector. Across every constituency, charities provide support that changes and saves lives every single day.”
“<BR /> <BR />Whilst the SDLP supports legislation that removes unnecessary bureaucracy, we should not kid ourselves that administrative reform alone will secure the future of charities and organisations in the voluntary and community sector.”
“I thank the Minister for giving way. Like other Members, I welcome the fact that we have reached this point. There seems to be consensus among Committee members and, I am sure, all Members that the introduction of these measures will save lives, which begs the question of whether the 10-year delay in introducing the measures had an opposi…”
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“Retail development, even large-scale retail proposals, will not generally have a regional impact beyond individual council areas. Therefore, such proposals should properly be dealt with at council level, and, indeed, that is the approach that I recently consulted on for the subordinate legislation that will give effect to the transfer of planning to councils. However, it is important to remember that the Minister, whoever it may be, would retain a call-in power if any applications were to raise issues of regional significance.”
“From 1 April 2015, councils will be the planning authorities responsible for determining the vast majority of planning applications in their district. As Sprucefield is in the new Lisburn City and Castlereagh District Council, any applications in that location will be submitted to the new council unless it is classed as a regionally significant application, in which case it will be submitted directly to the Department. Regionally significant developments will form the top tier of development proposals that will have a critical contribution to make to the economic and social success of Northern Ireland as a whole or to a substantial part of the region. They are likely to be small in number and will raise strategic considerations, with impacts or benefits that extend well beyond the area of an individual district council.”
“A local development plan will also be prepared in accordance with a council's statement of community involvement, which is designed to ensure that anyone with an interest in the council's plan is given ample opportunity to become involved in its preparation from the very earliest stage.”
“The SPPS highlights the Executive's Together: Building a United Community strategy, which is committed to addressing all barriers that prevent or interfere with the creation and maintenance of shared space and ensuring that all individuals can live, learn, work and play wherever they choose. The SPPS also emphasises that councils should utilise development planning, regeneration and development management powers to contribute to the creation of an environment that is accessible to all communities, is socially and religiously mixed, has a high standard of connectivity and supports shared use of the public realm.”
“Go raibh maith agat as an cheist sin. The new local development plan system provides a range of measures to ensure that local development plans are fair and meet the needs of the local community. The council's local development plans will be subject to section 75 obligations, and a council must comply with the statutory requirement to have due regard to the need to promote equality of opportunity. The local development plan will, therefore, be subjected to an equality impact assessment by a council. <BR /> <BR />As I set out previously, councils, in preparing their local development plans, must take account of central government policies such as the regional development strategy and the strategic planning policy statement.”
“If, for example, in a rural council area, there is a huge demand for rural housing that councillors feel is not adequately served by existing planning policy, they can, by all means, work with planners and within the confines of existing policy to find something that suits them better.”
“Go raibh maith agat as an cheist sin. I thank Ms Boyle for that supplementary question. As I said in my original answer, in drawing up area plans, there are two things that a new council, working in conjunction with planners, must consider: regional planning policy and the regional development strategy. However, as I have outlined already today, it is my belief that the reform of local government is not just about doing things more cheaply. It is about doing things better. It is about empowering local councils to make decisions for, and that will impact on, their areas.”
“Together, these powers provide district councils with a new and potent opportunity to develop agreed future visions for their areas and to prepare a coordinated and planned approach to delivering this vision.”
“<BR /> <BR />However, one of the fundamental reasons for giving these powers to councils is to allow them to bring forward plans that interpret central government policies and strategies in a way that is appropriate for the unique aspects of each council area. This is important because each of our new councils faces different social, environmental and economic issues and each has different topographies, populations and settlement patterns to consider. I firmly believe that local councils will be best placed to take forward this work to shape their local areas for the future. <BR /> <BR />The power to prepare local development plans will operate in conjunction with the new council powers of community planning and regeneration and with existing council functions.”
“From 1 April 2015, councils will have a statutory requirement to prepare local development plans for their respective districts. A council plan will be made up of two documents: a plan strategy, which is adopted first and which will set out the council's objectives and strategic policies for the development of its district; and a subsequent local policies plan, which will set out the council's local and site-specific policies and zonings. <BR /> <BR />In preparing their development plans, councils must take account of central government policies, such as the regional development strategy and the strategic planning policy statement (SPPS), and, indeed, of relevant European directives. All this will be tested at the independent examination of the plan.”
“I thank the Member for the question. Perish the thought that any time in our councils would be wasted on petty battles. That should remain our domain. <BR /> <BR />Work is ongoing on the domain names subsequent to the successful amendment tabled by the Ulster Unionists during the local government reform debate. My officials are working extensively on this and on a range of other issues. They are doing so not in isolation but in partnership with local government.”
“I believe that it is in a council's interest to brand itself in a way that best reflects the make-up of that council area. Councils should want everyone in a council area to identify with them as the corporate brand for that area. Therefore, in my opinion, it would be remiss of a council to proceed and ignore the wishes of any section of the community.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. Go raibh maith agat as an cheist. I thank the Member for that question. It is vital and, in my opinion, a fact, that rights should be afforded to all inhabitants of a community or new council district, be they a minority or a majority. That goes as far as the protection of the rights of indigenous language speakers.”
“I thank the Member for that supplementary. I see where he is coming from: the importance of the need to safeguard the rights and wishes of a minority community, whatever that community may be, in the new council areas. To that effect, I can assure the Member that section 41 of the Local Government Act 2014 provides the call-in mechanism that 15% of the members of a council may present a request for the reconsideration of a decision to the clerk of the council on the grounds that the decision was not arrived at after a proper consideration of the relevant facts and issues and/or on the grounds that it would disproportionately affect adversely any section of the inhabitants of the district. This provision will apply to the majority of council decisions, including any on branding.”
“<BR /> <BR />Regardless of which power is used to change the name of a council, section 2 of the Local Government Act 1972 provides for a council to be known as a borough council, if it is in possession of a borough charter, or as a city council, if there is a city within the local government district. <BR /> <BR />Does that clarify it?”
“I stress, however, that regulations of that nature would be made only at the request of a council and would permit the council to decide on a name that does not end in the words "district council". <BR /> <BR />Section 51 of the Local Government Act 1972 provides that the Department may, by order made on the application of a council, change the name of the district of a council. If a name change order is made under the powers conferred by that provision, the final two words of the council’s name must remain "district council".”
“My Department has not given the new councils any branding guidance or advice. There is no legislative requirement for it to do so, nor, I believe, would it be appropriate. The new councils require a strong corporate brand to enable their stakeholders to identify with them. This makes it very much a local matter that councils are best placed to undertake themselves. <BR /> <BR />My Department does, however, have powers to change the name of a council. Section 1 of the Local Government Act 2014 provides that the name of each council is the name of the local government district followed by the words "district council". Section 1 also allows the Department to make regulations to provide for the name of a council to be other than that provided for by section 1 of the 2014 Act.”
“If someone wants to build something or carry out a business somewhere, they must apply for planning permission, if it is necessary. That should be reflected in the seriousness and severity with which their enforcement cases are dealt.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Agnew for his question. Like yourself, Mr Deputy Speaker, I had difficulty hearing the start of it. I think I got the gist of it, which is that there seems to be an attitude out there that it is easier to beg for forgiveness than to ask for permission. I know that Mr Agnew has a particular interest in minerals applications for retrospective approval. His point is a very important one, and I agree with him on it. People need to get things right and do them in the right order.”
“Go raibh maith agat as an cheist sin. I thank Mr Boylan for that question. As I said, I am content that my staff are capable. I would very much welcome additional resources, not just for enforcement but right across planning and other departmental functions. Once councils assume planning functions and take responsibility for enforcement, it will be very much a matter for them to deal with. The budget currently associated with that function will transfer in full to councils, as will the staff who currently carry out that function. However, should a council determine that it needs or would like additional resources for enforcement — if, for example, there is a plethora of live cases in a council area that require extra attention — it can by all means proceed to deal with that as it may and allocate resources accordingly.”
“<BR /> <BR />It is very alarming — I referred to this in my initial answer — that there are so many people out there who tend to flout planning regulations and have the nous or know-how to play and frustrate the system. It is my aim to strengthen the system so that it is not as exploitable as it currently is.”
“I thank Ms Lo for her question. I am certainly confident in the capacity of the officers I have. However, like any Minister, I would certainly welcome more resources, be they financial or human resources, to deal with not just enforcement but a range of issues that fall under the responsibility of my Department. <BR /> <BR />I mentioned to Mr Moutray the emphasis that I am putting on clearing the backlog of enforcement cases in advance of the transfer of the function to councils. At the point of transfer, councils will be responsible for investigating alleged breaches of planning control. The councils will also determine what action, if any, will be taken. The Department will, however, retain reserved powers to take enforcement action in exceptional circumstances.”
“Currently there are over 2,800 planning enforcement cases, so I am loath to go into the details of any specific application on the Chamber Floor. As I said, in an ideal world, people would apply for and comply with planning control, and, therefore, the Department and I take this very seriously. In advance of the transfer of the planning function to councils in particular, I am determined to make huge inroads into that frightening figure of 2,800 cases.”
“Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank Mr Moutray for the question and the supplementary question. <BR /> <BR />As outlined in my initial answer, the Department takes any alleged breach of planning control very seriously. Of course, operating or establishing a business without planning permission or even a planning application is such a breach and is therefore taken seriously. Unfortunately, the complexity of some of the cases, as well as the fact that many out there are willing, ready and able to exploit that complexity for their own ends, means that they can take a long time to pursue and to bring to a satisfactory conclusion. <BR /> <BR />I am aware of some of the cases in Mr Moutray's constituency to which he, no doubt, refers.”
“The most recently published annual stats confirmed that, in 2013-14, 66% of enforcement cases were brought to a conclusion within that time period.”
“For example, the applicant may submit a retrospective planning application to regularise the situation. In other cases, formal action is necessary. However, it may be held in abeyance until an application is determined or an enforcement notice is appealed, which can add many months on to the time taken to resolve a case. Other Departments and agencies can also have a bearing on the effective enforcement of planning control. <BR /> <BR />Given those various factors, it is therefore not possible to advise of a definitive timescale for dealing with enforcement investigations and any associated action taken. However, my Department has a business plan target to process to a conclusion 70% of cases within 39 weeks.”
“Effective enforcement is an integral part of the planning process, and all alleged breaches of planning control are investigated. <BR /> <BR />My Department has a general discretion to take enforcement action when it regards it as expedient to do so. In determining the most appropriate course of action in response to alleged breaches of planning control, my Department will take into account the extent of the breach and its potential impact on the environment. <BR /> <BR />Planning enforcement can be a lengthy, protracted and complex process, with many issues and circumstances that may need to be considered. The Department's aim is to rectify the breach, and in many cases the breach is addressed without the need for formal enforcement action.”
“I thank the Member for his question. In fact, there have been huge resource implications for the Department as we have drawn up the plan, consulted on it and gone through all the processes necessary to get it to this stage. To date, the plan has cost in excess of £10 million. Therefore, it is my opinion that not only would it be a dereliction of my ministerial duty not to ensure that it was adopted but it would be a dereliction of my moral duty.”
“I again thank the Member for that question. However, of the things that he said that I had admitted — I think that there were four — I may have admitted to one of them; I certainly did not admit to the other three. This plan is not a shambles. This plan will not be delayed. This plan becomes operational tomorrow.”
“The plan protects the countryside through a number of designations such as rural landscape wedges, coastal policy areas, areas of high scenic value and the Lagan Valley Regional Park.”
“I thank the Member for his question and for welcoming the adoption of the plan. Indeed, the environment and the protection of our valuable resource of open space and the natural resource in the area are central to the plan as well. It is important that that is recognised. I knew that I could trust Mr Agnew to recognise that element of it. Following the publication of PPS 21, 'Sustainable Development in the Countryside', the Department withdrew the proposed green belt designation in the draft BMAP. The policies and provisions in PPS 21 take precedence over the policy provisions for all green belts in existing statutory and published draft plans, with a limited number of exceptions.”
“I thank the Member for his statement and question. As I outlined in earlier answers, I clearly believe that there has been no breach of the ministerial code on the matter. Should there be a legal challenge, I firmly believe that the Department will be able to robustly defend my decision to adopt BMAP. <BR /> <BR />What was the other one?”
“As I stated quite clearly earlier, we would very much welcome John Lewis to the North and any application from John Lewis to come to the North. There has never been an application, and there certainly is no application currently. That shows its level of interest in coming here.”
“— I answered in the not so distant past, chiefly that around legal advice. Obviously and of course, any decision made by my Department or any Department may be subject to review by the courts. Anyone or any organisation that disagrees with a decision is welcome to appeal or to take legal action against it, and that is all well and good. All that I said about the cost is that, at this time of great austerity — we hear enough about it and see enough of it — I am not sure that any Minister around the Executive would condone the waste of public money on a lengthy protracted legal battle.”
“I thank the Member for his three questions, two of which —”
“I, as Minister of the Environment, have the final say as to whether or not it is adopted, and I have directed that it be adopted.”
“I might say that it is the first and only area plan that has ever been brought to the Executive. The Banbridge/Newry and Mourne area plan was adopted last October with no hullabaloo whatsoever.”
“I thank the Member for his question. As regards legal advice received from the Attorney General, I have already outlined to the House the convention that I cannot state where I got legal advice from. However, I can assure the Member and, indeed, the House that I have every confidence that my decision is legally sound. <BR /> <BR />As regards a ministerial direction, certainly I sought and got advice from my officials as to the state of readiness of this plan for adoption. It had hurdled every statutory obligation in its path since the signing of the certificate of conformity with the regional development strategy last October. Therefore, it was ready to be adopted. I, as Minister of the Environment, was able to adopt it then. However, I did bring it to the Executive in recognition that it was cross-cutting.”
“I thank the Member for his question. What I agree with the Member on is his assertion that all politicians should be honest, not solely with their own parties but particularly with the voting public.”
“I thank the Member for his question. I do not think that anyone could argue that the whole process has been cumbersome. It has been the most extensive and, I would say, the most expensive piece of work carried out by the Department of the Environment. The end date, as I mentioned earlier, is notional. However, with the transfer of planning powers to councils next April, work will start on new local area plans in the new council areas. The adoption of this plan will give them a framework in which to proceed with that work.”
“Sprucefield retains an important role in the plan area and in the whole region. The Member referred to John Lewis and regretted the fact that no one informed it of this restriction around 10 years ago. The fact is that the restriction was imposed 10 years ago in 2004. The Department has never received a planning application from John Lewis; there is certainly no current application from or in any way related to John Lewis. I would very much welcome, as would many if not everyone in this House, a store of the calibre of John Lewis coming to the North, and it is important that we send out the message that we are open for business and good for business. However, if John Lewis wants to come, its application is somewhere only it knows.”
“I thank the Member for his question and for his recognition of my courage. I have outlined quite well and quite clearly why I made this decision. I balanced my duties as a member of the Executive with those as Minister of the Environment. I had, in my opinion, no option but to proceed with the adoption of this statement rather than wait for an Executive approval that would not come.”
“I concluded that, in the run-up to the transfer of planning powers to local government next April, it would be unreasonable and, indeed, a dereliction of my ministerial duties to allow the lack of certainty that was there to go ahead and to continue to seep into the planning framework.”
“I thank the Member for his question. As outlined in earlier answers and, indeed, in my statement, I have made every effort to fully comply with all requests from the Executive in relation to BMAP, and all my Executive colleagues have had the fullest opportunity to consider the content of the plan. However, the Executive have not brought and were not bringing the matter to a conclusion, and I had no reasonable expectation that they would do so. Therefore, I reached a point where I had to balance my responsibilities as a member of the Executive with my duty to exercise my ministerial authority in respect of the powers and functions of the Department on a matter of significance for the future economic and social development of a considerable portion of the North.”
“I thank the Member for his question. As outlined in earlier answers where I referred to specific elements in the plan that will deal with inner-city areas, this will be part of a collective and holistic approach to tackling dereliction not solely in Belfast city centre but in town and city centres right across the plan area. <BR /> <BR />Under my predecessor, the Department initiated a dereliction fund, which has been a huge success. However, we have been unlucky in the past couple of monitoring rounds, and with huge competing demands, we have not been able to secure more funding. I believe that this plan will give certainty to the new councils, and they will use that to form their own local area plans and community plans. The responsibility for tackling dereliction will lie primarily and chiefly with them.”
“I thank Lord Morrow for that question. As I said, I have attempted repeatedly to get Executive agreement on the adoption of BMAP. That is probably how I should have framed that earlier answer. <BR /> <BR />When I chaired the Executive subgroup on BMAP, Ministers were generally receptive to the idea that it should be adopted and that it should be adopted soon. There was, however, a concern raised in relation to one item in the plan, and that was the restriction on a condition on one area of the plan. As I said, I had to weigh that up against all the advantages of adopting the plan and all the reasons why not just my ministerial colleagues but many MLAs have continually asked me and pressed me about when the plan will be adopted, and the balance came down in favour of adoption.”
“Therefore, I am not in a position to reference any legal advice that may or may not have been taken on the matter.”
“I thank the Member for his question. He rightly identifies the fact that this is cross-cutting. By bringing it to the Minister for Regional Development and seeking the certificate of conformity with the Executive-approved regional development strategy 2035, it certainly ticked the box of cross-cutting. However, I have gone beyond that, as I have said. I have repeatedly attempted to bring this paper to the Executive, and I have chaired a subgroup at which one element of it, largely, has been the subject of debate. Therefore, I did not think that we could justify delaying its adoption any further. <BR /> <BR />In response to the question on legal advice, I have previously given undertakings to fully adhere to the convention concerning legal advice.”
“I thank Mrs Overend for her question. She is right: this has been in and around here since 2001. BMAP was actually unveiled by her party colleague the late Sam Foster. It is a matter of deep regret to all of us in the House, I am sure, that he is not here to see or hear of its adoption at long last. The end date, 2015, is notional, and, as previously stated, the plan will provide the necessary policy framework, certainty and stability until such times as the relevant local authorities in the new local area plan areas prepare their own development plans, and it remains a material consideration until it is replaced. I prefer to see 2015 as very much a best-before date; it is not necessarily a use-by date. In any event, I think that it was vital that we got it off the shelf before it reached that best-before date.”
“Transportation proposals seek to improve and develop public transport to assist in providing safe and equitable access to services, facilities and employment opportunities for all the community. The plan contains policies for arterial routes that service the main transport corridors into and out of the city centre. They have an important part to play, not only in upgrading the physical appearance of the city but in providing regeneration opportunities close to and accessible by inner city communities and areas of high multiple deprivation.”