E-mail: planning@infrastructure-ni.gov.uk
Website: www.infrastructure-ni.gov.uk/topics/planning
Strategic Planning Directorate
Dear Ms Bentley
PLANNING ACT (NORTHERN IRELAND) 2011
THE PLANNING (LOCAL DEVELOPMENT PLAN) DIRECTION 2022
ADOPTION OF THE BELFAST CITY COUNCIL PLAN STRATEGY UNDER SECTION
12 OF THE PLANNING ACT (NORTHERN IRELAND) 2011
This correspondence encloses a formal direction from the Department for Infrastructure
in relation to the adoption of the Belfast City Council draft Plan Strategy development
plan document.
As you are aware, the Department received the Planning Appeals Commission (PAC)
report on the Independent Examination (IE) of the draft Plan Strategy (dPS) on
29 September 2021. In summary, the IE report which is attached as Annex A, concludes
that, subject to recommended amendments, the dPS satisfies all the legislative
requirements as well as the procedural, consistency, coherence and effectiveness tests
of soundness set out in Development Plan Practice Note 6 (DPPN 6) and that the dPS is
sound on that basis.
The Department has considered the IE report and the reasoning for the
recommendations contained therein. The reasoning within the report is accepted and the
Department agrees that the dPS is sound, subject to the recommended amendments.
Your attention is therefore drawn to the enclosed direction made by the Department
under the powers conferred upon it by Section 12 of the Planning Act (Northern Ireland)
2011 (the Act).
Kate Bentley
Director of Planning and Building Control
Belfast City Council
9
-21 Adelaide Street
Belfast
BT2 8DJ
Clarence Court
10-18 Adelaide Street
BELFAST
BT2 8GB
Tel: 0300 200 7830
Your reference:
Our reference:
04 February 2022
The Council is required to adopt the plan document with the modifications as set out in
Schedule 1 of the direction. The reason for this direction is that the Department agrees
with the IE report that the development plan document is sound subject only to the
required modifications being made.
Phasing
Your attention is drawn in particular to the proposed new and amended policies resulting
from modifications 5, 6 and 11. These modifications reflect recommended amendments
RA05, RA06 and RA11 and follow on from the recommendation for a strategic policy on
phasing (paragraphs 3.42 and 3.43 of the IE report). While the IE report sets out how a
phasing policy could be constructed, the detailed policy wording is a matter for the
Council to consider through engagement with the relevant consultation bodies, including
the Department for Infrastructure, Northern Ireland Water and any other bodies as the
Council consider necessary.
As a minimum, the new policy should provide a strategic framework for the alignment of
the growth strategy with infrastructure provision, including water and sewerage
infrastructure. The new policy must support the managed release of sites in a manner
that takes account of the RDS and local circumstances and other relevant planning
considerations. These include a sequential approach to the allocation of land for housing;
site readiness for development and the capacity of existing infrastructure including water,
sewerage and other utilities to support development.
Consultation and DFI Agreement
Given the strategic nature of these modifications, along with the requirement for new
policy to be included in the dPS, the council must satisfy itself that requirements for
public consultation have been met. The Council must also be satisfied that updates to the
sustainability appraisal and any other statutory assessments as necessary, are
undertaken.
To ensure the direction is fully complied with, the Council must agree the wording of the
new policies with the Department prior to the adoption of the Plan Strategy. Through
constructive engagement in the development of the new policy requirements the
Department anticipates that this approval will likely be a formality. In practical terms this
will involve providing details of the policies in writing as well as a summary of consultation
responses and the reasons for the Council’s approach.
Publicity
The Department considers that the publicity of the IE report is for the Council to
undertake, in conjunction with the publication of the direction as set out in regulation 24
of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015.
Decision making
The Council’s draft Plan Strategy is a material consideration in making decisions on
planning applications. Taking account of the Department’s direction and the IE report, the
policies of the draft Plan Strategy may now be accorded greater weight when making
planning decisions prior to the adoption of the strategy. Ultimately the weighting of any
material consideration is for the decision maker.
Additional matters
The Department would also like to draw the Council’s attention to a number of aspects of
the IE report that have not been included as recommended amendments or modifications.
In particular the commentary on the dPS reliance on draft BMAP designations and the
role of supplementary planning guidance and monitoring are addressed in turn.
Draft Belfast Metropolitan Area Plan (dBMAP)
The IE report addresses the issue of dBMAP 2015 and in particular the reliance upon a
number of designations contained within that draft plan as far as they relate to the
Council plan area. The report concludes that designations that form part of a draft plan
cannot be adopted as part of the Council’s dPS and must instead be read alongside it. It
will therefore be for the Council to consider what weight should be given to the dBMAP
2015 designations in implementing associated PS policies when adopted. The report has
not made a recommendation on this matter although it is observed that within the two
stage plan process only adoption of the Local Policies Plan will resolve this issue. This
matter is not the subject of a modification within the direction.
Supplementary Planning Guidance (SPG)
The Council has stated that it intends to produce numerous SPG to supplement the dPS.
The IE report highlights that SPG is intrinsically complementary to policy and should
assist in its interpretation and implementation, but should not explain the scope of that
policy or introduce more onerous obligations or undertakings. The advice from the
Council that draft SPG would be subject to scrutiny by Members and reviewed
subsequent to feedback from a 12 week public consultation period will ensure
accountability and provide checks and balances on its scope. On this basis the
Department accepts this position and is satisfied that the extent of the SPG proposed by
the Council is not inconsistent with the plan led system.
Monitoring and Review
The IE report acknowledges the important role that monitoring plays as part of the wider
plan, monitor and manage approach. It acknowledges that the main device for reporting
on the performance of the plan will be the Annual Monitoring Report (AMR). It concludes
that the Monitoring Indicators proposed, should be used in monitoring the plan, subject to
the recommended amendments taken forward as modifications.
The report accepts that not all policies need or require associated indicators within the
monitoring framework. The plan will be reviewed, or partially reviewed, to take account of
changing conditions. This is also a statutory duty in accordance with Section 13 of the
Planning Act (NI) 2011. As a matter of good practice it is the Department’s view that
monitoring of the policies of the PS should commence once the development plan
document is adopted as this will assist in informing the preparation of the Local Policies
Plan.
Finally, the Department wish to acknowledge the huge amount of work undertaken by
Belfast City Council in the preparation of the draft Plan Strategy to this point. The
Department considers that the professional approach of Council officials, the PAC and all
other stakeholders involved in the process has contributed to the successful conclusion
of the IE process. The Department acknowledges the desire of the Council to progress
toward adoption of the Plan Strategy as soon as possible. In this regard we wish to
express an appreciation for your patience during the Department’s consideration of the
recommendations within the IE report and the in preparation of the direction.
I would be grateful if you could arrange for any documentation pertaining to the direction,
to be sent to myself and Susan Wilkin, Deputy Director, Strategic Planning Directorate.
Yours sincerely
_______________
ALISTAIR BEGGS
Director
Enc
Cc Angus Kerr