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25/10/2007
Building Free-For-All Remains Unlikely
Although the controversial law restricting building in Northern Ireland's countryside - PPS 14 – has now been declared unlawful, it does not mean the law will be dropped immediately.
There is therefore little likelihood of an immediate countryside-based building boom.
Mr Justice Gillen made his decision at the end of a lengthy judicial process in the High Court. But In the short term PPS 14 will remain on the books.
PPS 14 was introduced by the Department of Regional Development last year, however, subsequently in this judicial review, it was ruled as unlawful in that the department did not have the power to bring in such legislation.
So it’s likely that the same legislation will now be adopted by the Department of Environment instead, thus keeping it as law.
Omagh District Council brought the challenge against PPS 14.
Chairman Bert Wilson, said: "We have been fully vindicated in our decision to take this matter to court."
"Today's declaration that the introduction of PPS 14 was unlawful now provides the opportunity for the Stormont Executive to develop a planning policy appropriate to the needs of rural communities.
"I would urge that this opportunity is now grasped by ministers," Mr Wilson said.
It is thought that the campaigners’ aim is for the development of a policy that allows a controlled expansion of rural building projects to take account of modern needs for housing in areas outside the cities and main towns.
He said he now wanted to see all the planning applications that were "illegally" refused or withdrawn - believed to be close on 20,000 - reviewed as a matter of urgency.
People who were refused planning permission since PPS 14 was introduced in March 2006 now have two avenues to seek redress - an approach to the Planning Appeals Commission or a legal route by way of application for judicial review.
(BMcC)
See:www.PPS14.com
There is therefore little likelihood of an immediate countryside-based building boom.
Mr Justice Gillen made his decision at the end of a lengthy judicial process in the High Court. But In the short term PPS 14 will remain on the books.
PPS 14 was introduced by the Department of Regional Development last year, however, subsequently in this judicial review, it was ruled as unlawful in that the department did not have the power to bring in such legislation.
So it’s likely that the same legislation will now be adopted by the Department of Environment instead, thus keeping it as law.
Omagh District Council brought the challenge against PPS 14.
Chairman Bert Wilson, said: "We have been fully vindicated in our decision to take this matter to court."
"Today's declaration that the introduction of PPS 14 was unlawful now provides the opportunity for the Stormont Executive to develop a planning policy appropriate to the needs of rural communities.
"I would urge that this opportunity is now grasped by ministers," Mr Wilson said.
It is thought that the campaigners’ aim is for the development of a policy that allows a controlled expansion of rural building projects to take account of modern needs for housing in areas outside the cities and main towns.
He said he now wanted to see all the planning applications that were "illegally" refused or withdrawn - believed to be close on 20,000 - reviewed as a matter of urgency.
People who were refused planning permission since PPS 14 was introduced in March 2006 now have two avenues to seek redress - an approach to the Planning Appeals Commission or a legal route by way of application for judicial review.
(BMcC)
See:www.PPS14.com
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Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
