Table Of Content

PLANNING LAW AND PRACTICE IN NORTHERN IRELAND Each of the jurisdictions within the United Kingdom is constantly refining the operational characteristics of its planning system and while there are some common practices, there are also substantive divergences. In each territory the planning template is shaped within a dynamic political and legal context and thus students and practitioners require an accessible, in-depth and up-to-date literature dealing with this matter. The multi-disciplinary contributors to this expanded Second Edition of Planning Law and Practice in Northern Ireland explore the progression of planning within the region and discuss prominent facets of contemporary development management, development plans, environmental law, property law and professional practice. Consideration is given to the consequences of Brexit for planning in Northern Ireland, devolved government institutional structures for planning, and the post- 2015 emergent performance of local authorities in this arena. The book makes an important contribution to the wider literature in this field and, with its extensive citing of statutes and cases, provides an essential resource for students, planning practitioners and researchers. Stephen McKay is Reader in Planning Law and Practice and was Head of Planning at Queen’s University Belfast. He is a Chartered Town Planner. He was Co-Director of the 2021 award winning UK Knowledge Transfer Project VU City that has created an interactive 3D digital model to help inform development management decision making. Michael Murray, prior to retirement, was Reader in Spatial Planning at Queen’s University Belfast and where, as Honorary Associate, he continues his writing on international planning, rural development and planning law. His recent scholarship includes The Camino de Santiago: Curating the Pilgrimage as Heritage and Tourism published by Berghahn Books in 2021. PLANNING LAW AND PRACTICE IN NORTHERN IRELAND Second Edition Edited by Stephen McKay and Michael Murray Cover image: Martin Siepmann | Getty Images. 2nd Edition published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 selection and editorial matter, Stephen McKay and Michael Murray; individual chapters, the contributors The right of Stephen McKay and Michael Murray to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Routledge, 2017 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: McKay, Stephen, editor. | Murray, Michael, 1953- editor. Title: Planning law and practice in Northern Ireland / edited by Stephen McKay and Michael Murray. Description: 2nd edition. | Abingdon, Oxon [UK] ; New York, NY : Routledge, 2022. | Includes bibliographical references and index. | Identifiers: LCCN 2022017455 (print) | LCCN 2022017456 (ebook) | ISBN 9781032110745 (hardback) | ISBN 9781032110738 (paperback) | ISBN 9781003218319 (ebook) Subjects: LCSH: Regional planning--Law and legislation--Northern Ireland. Classification: LCC KDE135 .P57 2022 (print) | LCC KDE135 (ebook) | DDC 346.41604/5--dc23/eng/20220831 LC record available at https://lccn.loc.gov/2022017455 LC ebook record available at https://lccn.loc.gov/2022017456 ISBN: 9781032110745 (hbk) ISBN: 9781032110738 (pbk) ISBN: 9781003218319 (ebk) DOI: 10.4324/9781003218319 Typeset in Bembo by Deanta Global Publishing Services, Chennai, India To the memory of John H. Caldwell, Senior Lecturer in Town and Country Planning at Queen’s University Belfast from 1971 to 1998 CONTENTS List of illustrations ix List of tables xi List of contributors xii Foreword xiv Preface to first edition xvi Preface to second edition xviii 1 The evolving Northern Ireland planning system 1 Stephen McKay and Michael Murray 2 Development and planning applications 33 Stephen McKay and Michael Murray 3 Amenity and special forms of development management 77 Stephen McKay and Michael Murray 4 Continuity and change in development plans 117 Stephen McKay 5 Evolution and application of enforcement 137 Jane McKay and Stephen McKay 6 Developer contributions and ‘planning agreements’ 168 Thomas Murphy, John McCord and Michael McCord 7 Judicial review in the planning arena 188 Stephen McKay and Michael Murray viii Contents 8 Environmental law in Northern Ireland 222 Brian Jack 9 Environmental health and protection 241 Sean MacIntyre 10 Environmental impact assessment and development management 265 Neil Galway and Stephen McKay 11 Planning and renewable energy 281 Stephen McKay and Michael Murray 12 Planning and placemaking 297 Mura Quigley 13 Marine spatial planning 307 Heather Ritchie, Joseph Onwona Ansong and Wesley Flannery 14 Cross-border spatial planning 326 Gavan Rafferty 15 Equality law, good relations and planning 342 Diane O’Neill and Brendan Murtagh 16 Property law and planning 358 Thomas Murphy, John McCord and Peadar Davis 17 Liquor licensing law and planning 397 Michael Murray 18 Planning and professional practice 416 Gary McGhee, William Orbinson QC, Stephen McKay and Michael Murray Appendix: Northern Ireland Judicial Decisions 427 Index 437 ILLUSTRATIONS Figures 2.1 Humpty Dumpty and Alice 52 3.1 C onservation Areas in Northern Ireland, 2022 (with dates of designation) 89 3.2 Areas of Outstanding Natural Beauty in Northern Ireland 108 9.1 An approach to environmental assessment 261 10.1 M atrix of issues to inform a scoping opinion 270 13.1 M aritime zones under UNCLOS 311 13.2 M arine boundary areas and approximate location of the proposed Tunes Plateau Offshore Wind Farm 312 13.3 New marine governance regime 317 14.1 Regional Authorities in Ireland, 1994 331 14.2 Regional Assemblies in Ireland, 2015 332 14.3 The Irish Central Border Area 335 14.4 The East Border Region 336 Photographs 1.1 S ir Robert Matthew, 1963 4 2.1 C ompletion Notice site in Portstewart, 2012 72 2.2 Completion Notice site in Portstewart, 2014 73 3.1 Off-licence advertisement in rural Australia 80 3.2 Flags mounted on telephone cable posts in Northern Ireland 85 3.3 Belfast city centre Conservation Area building 92 3.4 Property at 141 (centre) and 143 (left) Central Promenade, Newcastle within The Harbour, The Rock and King Street Area of Townscape Character 96 3.5 Listed Building at 108 Strand Road, Portstewart 100