Minutes of Proceedings

Session: 2012/2013

Date: 24 June 2013

Venue: Assembly Chamber

The Assembly met at noon, the Speaker in the Chair.

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Motion – Suspend Standing Orders 10(2) to 10(4)

Proposed:

That Standing Orders 10(2) to 10(4) be suspended for 24 June 2013.

Minister of the Environment

The Question being put, the Motion was carried with cross-community support nemine contradicente.

2.2 Consideration Stage – Planning Bill (NIA 17/11-15)

A valid Petition of Concern was presented under Standing Order 28, on Friday 21 June 2013 in relation to Amendment 24 (Appendix 1).

The Minister of the Environment, Mr Alex Attwood, moved the Consideration Stage of the Planning Bill (NIA 17/11-15).

34 amendments were tabled to the Bill.

Clauses

The question being put, it was agreed without division that Clause 1 stand part of the Bill.

Debate ensued.

The debate was suspended for Question Time.

The Deputy Speaker (Mr Beggs) took the Chair.

3. Question Time

3.1 Education

Questions were put to, and answered by, the Minister of Education, Mr John O’Dowd.

3.2 Employment and Learning

Questions were put to, and answered by, the Minister for Employment and Learning, Dr Stephen Farry.

4. Executive Committee Business (Cont’d)

4.1 Consideration Stage –Planning Bill (NIA 17/11-15)

Debate resumed on the Bill.

The Deputy Speaker (Mr Dallat) took the Chair.

After debate, Amendment 1 to Clause 2 was negatived (Division 1).

Amendment 2 was not moved.

After debate, Amendment 3 to Clause 2 was negatived (Division 2).

After debate, Amendment 4 to Clause 2 was negatived (Division 3).

Amendments 5 and 6 were not moved.

After debate, Amendment 7 to Clause 2 was made without division.

Amendments 8 to 19 were not moved.

The question being put, it was agreed without division that Clause 2, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 3 stand part of the Bill.

The Speaker took the Chair.

The Deputy Speaker (Mr Beggs) took the Chair.

The Speaker took the Chair.

The Deputy Speaker (Mr Beggs) took the Chair.

After debate, Amendment 20 inserting new Clause 3A was made and it was agreed that the new clause stand part of the Bill (Division 4).

Following receipt of a valid Petition of Concern under Standing Order 28, on Monday 24 June in relation to Amendments 21 and 23, debate on Consideration Stage of the Planning Bill stood suspended at 10.30pm (see Appendix 2).

The Deputy Speaker (Mr Dallat) took the Chair.

4.2 Final Stage: Budget (No 2) Bill (NIA 21/11-15)

Proposed:

The Minister for Finance and Personnel, Mr Sammy Wilson, moved that the Final Stage of the Budget (No 2) Bill do now pass.

Debate ensued.

The Budget (No 2) Bill (NIA 21/11-15) passed Final Stage with cross-community support nemine contradicente.

The Speaker took the Chair.

4.3 Legislative Consent Motion – Marriage (Same Sex Couples) Bill

Proposed:

That this Assembly agrees that the following provisions in the Marriage (Same Sex Couples) Bill, which relate to the treatment of same sex marriages in Northern Ireland and gender recognition, should be considered by the UK Parliament:

- Clauses 10(3), 12, 15(1) to (3) and 16;

- paragraph 2 of Schedule 2; and

- Schedule 5 (as introduced in the House of Commons on 24 January 2013).

Minister of Finance and Personnel

Debate ensued.

The Question being put, the Motion was carried without division.

4.4 Legislative Consent Motion – Care Bill

Proposed:

That this Assembly endorses the principle of the extension to Northern Ireland of the provisions of the Care Bill, as introduced in the House of Lords on 9 May 2013, contained in sections 38 to 40 and Schedule 1 dealing with cross border placements; and Chapter 2 of Part 3 and Schedule 7 dealing with the Health Research Authority.

Minister of Health, Social Services and Public Safety

Debate ensued.

The Question being put, the Motion was carried without division.

4.5 Motion - draft Renewables Obligation (Amendment No. 2) Order (Northern Ireland) 2013

Proposed:

That the draft Renewables Obligation (Amendment No.2) Order (Northern Ireland) 2013 be approved.

Minister of Enterprise, Trade and Investment

Debate ensued.

The Question being put, the Motion was carried without division.

5. Private Members’ Business

5.1 First Stage – Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill (NIA 26/11-15)

Lord Morrow introduced a Bill to make provision about human trafficking offences and exploitation, measures to prevent and combat human trafficking and slavery and provision of support for human trafficking victims.

The Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill
(NIA 26/11-15) passed First Stage and ordered to be printed.

6. Adjournment

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 1.00am.

Mr William Hay
The Speaker
24 June 2013

Appendix 1

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Friday 21 June 2013 in relation to Amendment 24 proposed to the Planning Bill (NIA 17/11-15).

MR SYDNEY ANDERSON
MR JONATHAN BELL
MS PAULA BRADLEY
MS PAM BROWN
MR THOMAS BUCHANAN
MR GREGORY CAMPBELL
MR TREVOR CLARKE
MR JONATHAN CRAIG
MR SAMMY DOUGLAS
MR GORDON DUNNE
MR ALEX EASTON
MRS ARLENE FOSTER
MR PAUL FREW
MR PAUL GIRVAN
MR PAUL GIVAN
MRS BRENDA HALE
MR SIMON HAMILTON
MR DAVID HILDITCH
MR WILLIAM HUMPHREY
MR WILLIAM IRWIN
MR NELSON MCCAUSLAND
MR IAN MCCREA
MR DAVID MCILVEEN
MISS MICHELLE MCILVEEN
MR ADRIAN MCQUILLAN
THE LORD MORROW
MR STEPHEN MOUTRAY
MR ROBIN NEWTON
MR EDWIN POOTS
MR GEORGE ROBINSON
MR PETER ROBINSON
MR ALASTAIR ROSS
MR JIMMY SPRATT
MR MERVYN STOREY
MR PETER WEIR
MR JIM WELLS
MR SAMMY WILSON

Appendix 2

Northern Ireland Assembly

The undersigned Members of the Northern Ireland Assembly presented a Petition of Concern, in accordance with Standing Order 28, on Monday 24 June 2013 in relation to Amendments 21 and 23 proposed to the Planning Bill (NIA 17/11-15).

Northern Ireland Assembly

24 June 2013

Division 1

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 1

Proposed:

In page 1, Line 15 after ‘improving’ insert ‘social’.

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 33
Noes: 58

AYES

Mr Agnew, Mr Boylan, Ms Boyle, Mr Brady, Mrs Cochrane, Mr Dickson, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr M McGuinness,
Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr O'Dowd, Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Agnew and Mr Boylan

NOES

Mr Allister, Mr Anderson, Mr Attwood, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Byrne,
Mr Clarke, Mr Copeland, Mr Craig, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne, Mr Durkan,
Mr Easton, Mr Eastwood, Mr Elliott, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale,
Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mrs D Kelly, Mr Kinahan,
Mr McCallister, Mr McCausland, Mr B McCrea, Mr I McCrea, Mr McDevitt, Mr McGimpsey,
Mr McGlone, Mr D McIlveen, Miss M McIlveen, Mrs McKevitt, Mr McQuillan, Mr A Maginness, Lord Morrow, Mr Moutray, Mr Nesbitt, Mr Newton, Mrs Overend, Mr Poots, Mr P Ramsey,
Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Swann, Mr Weir, Mr Wells,
Mr Wilson.

Tellers for the Noes: Mr Eastwood and Mrs McKevitt

The Amendment fell.

Northern Ireland Assembly

24 June 2013

Division 2

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 3

Proposed:

In page 1, line 16, at end insert "(d) promoting environmental protection".

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 33
Noes: 57

AYES

Mr Agnew, Mr Boylan, Ms Boyle, Mr Brady, Mrs Cochrane, Mr Dickson, Ms Fearon, Mr Flanagan, Mr Ford, Mr Hazzard, Mr G Kelly, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McAleer, Mr F McCann, Mr McCarthy, Mr McCartney, Ms McCorley, Mr McElduff, Ms McGahan, Mr M McGuinness, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr O'Dowd,
Ms S Ramsey, Ms Ruane, Mr Sheehan.

Tellers for the Ayes: Mr Agnew and Ms Lo

NOES

Tellers for the Noes: Mr Eastwood and Mrs McKevitt

The Amendment fell.

Northern Ireland Assembly

24 June 2013

Division 3

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 4

Proposed:

In page 1, line 16, at end insert "(d) protecting the environment”.

Mr T Elliott
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 31
Noes: 61

AYES

Mr Agnew, Mr Allister, Mr Byrne, Mrs Cochrane, Mr Copeland, Mr Cree, Mr Dickson, Mrs Dobson, Mr Durkan, Mr Eastwood, Mr Elliott, Dr Farry, Mr Ford, Mr Hussey, Mrs D Kelly, Mr Kinahan,
Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr McCarthy, Mr B McCrea, Mr McDevitt,
Mr McGimpsey, Mr McGlone, Mrs McKevitt, Mr A Maginness, Mr Nesbitt, Mrs Overend,
Mr P Ramsey, Mr Swann.

Tellers for the Ayes: Mr Elliott and Mr Swann

NOES

Mr Anderson, Mr Attwood, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown,
Mr Buchanan, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Ms Fearon, Mr Flanagan, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch,
Mr Humphrey, Mr Irwin, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Mr McCartney,
Mr McCausland, Ms McCorley, Mr I McCrea, Mr McElduff, Ms McGahan, Mr M McGuinness,
Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Lord Morrow, Mr Moutray, Mr Newton, Mr Ó hOisín, Mr O'Dowd, Mr Poots, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt,
Mr Storey, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Noes: Mr Boylan and Mr Clarke

The Amendment fell.

Northern Ireland Assembly

24 June 2013

Division 4

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 20

Proposed:

In page 1, leave out subsections (4) and (5). After clause 3 insert

"Economically significant planning zone schemes

3A.—(1) In paragraph (2) of Article 2 of the 1991 Order (interpretation) after the definition of "development order” insert the following definitions—

"economically significant planning zone” and

"economically significant planning zone scheme” shall be construed in accordance with Article 13A;”.

(2) In paragraph (2) of Article 9 of the 1991 Order (development plans) after sub-paragraph (d) insert—

"(dd) an economically significant planning zone scheme;”.

(3) After Article 13 of the 1991 Order insert—

"Economically significant planning zone schemes

Economically significant planning zones

13A.—(1) An economically significant planning zone is an area in respect of which an economically significant planning zone scheme is in force.

(2) The adoption of an economically significant planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.

(3) Planning permission under an economically significant planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

(4) An economically significant planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as OFMDFM thinks appropriate for explaining or illustrating the provisions of the scheme, and must specify—

(a) the development or classes of development permitted by the scheme;

(b) the land in relation to which permission is granted; and

and shall contain such other matters as may be prescribed by regulations made by OFMDFM.

(5) OFMDFM may at any time make an economically significant planning zone scheme in respect of any area or alter a scheme adopted by it in respect of any area.

(6) Articles 5, 6, 7 and 8(1) shall, subject to paragraphs (7) and (8) and with any other necessary modifications, apply to the making or alteration of an economically significant planning zone scheme by OFMDFM as they apply to the making or alteration of a development plan by the Department.

(7) Without prejudice to the generality of paragraph (6), "prescribed” in Articles 5 and 6, in relation to the making or alteration of an economically significant planning zone scheme by OFMDFM, means prescribed by regulations made by OFMDFM.

(8) Paragraph (1) of Article 8 shall apply to the making or alteration of an economically significant planning zone scheme by OFMDFM as if, for the words from "the Department” to the end of that paragraph, there were substituted "OFMDFM may adopt the scheme or the alteration of the scheme—

(a) by order made with the consent of the Department of the Environment; or

(b) by order, a draft of which has been laid before, and approved by resolution of, the Assembly.”.

(9) OFMDFM must not make an economically significant planning zone scheme in respect of any area in relation to which a simplified planning zone scheme is in force.

(10) Without prejudice to paragraph (6), OFMDFM may make regulations with respect to—

(a) the form and content of economically significant planning zone schemes; and

(b) the procedure to be followed in connection with the making or alteration of such schemes.

(11) In this Article, and in Articles 13B to 13F, "OFMDFM” means the Office of the First Minister and deputy First Minister.

Economically significant planning zone schemes: conditions and limitations on planning permission

13B.—(1) The conditions and limitations on planning permission which may be specified in an economically significant planning zone scheme may include—

(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted; and

(b) conditions or limitations requiring the consent, agreement or approval of OFMDFM in relation to particular descriptions of permitted development;

and different conditions or limitations may be specified for different cases or classes of case.

(2) Nothing in an economically significant planning zone scheme shall affect the right of any person—

(a) to do anything not amounting to development; or

(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;

and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.

Duration of economically significant planning zone scheme

13C.—(1) An economically significant planning zone scheme shall take effect on the date of its adoption and shall cease to have effect at the end of the period of 10 years beginning with that date.

(2) Upon the scheme’s ceasing to have effect planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

(3) The provisions of Article 37(2) to (6) apply to planning permission under an economically significant planning zone scheme where development has been begun but not completed by the time the area ceases to be an economically significant planning zone.

(4) The provisions of Article 36(1) apply in determining for the purposes of this Article when development shall be taken to be begun.

Alteration of economically significant planning zone scheme

13D.—(1) The adoption of alterations to an economically significant planning zone scheme has effect as follows.

(2) The adoption of alterations providing for the inclusion of land in the economically significant planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.

(3) The adoption of alterations providing for the grant of planning permission has effect to grant such permission in relation to the economically significant planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4) The adoption of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.

(5) The adoption of alterations providing for—

(a) the exclusion of land from the economically significant planning zone;

(b) the withdrawal of planning permission; or

(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption.

(6) The adoption of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun before the adoption of alterations has effect, and the provisions of Article 36(1) apply in determining for the purposes of this paragraph when development shall be taken to be begun.

Provision of assistance by Department to OFMDFM

13E. The Department must provide such administrative and other assistance for OFMDFM as may be necessary to enable OFMDFM to carry out its functions under Articles 13A to 13D.

Modifications of references to planning permission granted by the Department, etc.

13F. In this Order, or in any provision made under this Order—

(a) any reference to planning permission granted by the Department, except where prescribed by regulations made by OFMDFM, includes a reference to planning permission granted under an economically significant planning zone scheme;

(b) any reference to a condition, limitation or exception subject to which planning permission is granted, except where prescribed by regulations made by OFMDFM, includes a reference to a condition, limitation or exception subject to which planning permission is granted under an economically significant planning zone scheme.”.

(4) In Article 34 of the 1991 Order (duration of planning permission), in paragraph (3), after sub-paragraph (d) insert—

"(dd) to any planning permission granted by an economically significant planning zone scheme;”.

(5) In Article 121 of the 1991 Order (rights of entry), in paragraph (1)(a), after head (i) insert—

"(ia) the making or altering of a economically significant planning zone scheme relating to the land;”.

(6) In Article 124 of the 1991 Order (planning register), in paragraph (1), after sub-paragraph (g) insert—

"(gg) economically significant planning zones;”.

(7) In section 19 of the 2011 Act (exclusion of certain representations), in subsection (1), after paragraph (e) insert—

"(ee) an economically significant planning zone scheme;”.

(8) After section 38 of the 2011 Act insert—

"Economically significant planning zone schemes

Economically significant planning zones

38A.—(1) An economically significant planning zone is an area in respect of which an economically significant planning zone scheme is in force.

(3) Planning permission under an economically significant planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

(a) the development or classes of development permitted by the scheme;

(b) the land in relation to which permission is granted; and

and must contain such other matters as may be prescribed by regulations made by OFMDFM.

Making and alteration of economically significant planning zone schemes

38B.—(1) Subject to the following provisions of this section, OFMDFM may at any time make an economically significant planning zone scheme in respect of any area or alter a scheme adopted by it in respect of any area.

(2) OFMDFM must not make an economically significant planning zone scheme in respect of any area in relation to which a simplified planning zone scheme is in force.

(3) Schedule 1A has effect with respect to the making and alteration of economically significant planning zone schemes and other related matters.

Economically significant planning zone schemes: conditions and limitations on planning permission

38C.—(1) The conditions and limitations on planning permission which may be specified in an economically significant planning zone scheme may include—

(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted; and

(b) conditions or limitations requiring the consent, agreement or approval of OFMDFM in relation to particular descriptions of permitted development;

and different conditions or limitations may be specified for different cases or classes of case.

(2) Nothing in an economically significant planning zone scheme shall affect the right of any person—

(a) to do anything not amounting to development; or

(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;

Duration of economically significant planning zone scheme

38D.—(1)An economically significant planning zone scheme shall take effect on the date of its adoption and shall cease to have effect at the end of the period of 10 years beginning with that date.

(2) Upon the scheme’s ceasing to have effect, planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

(3) The provisions of section 64(2) to (6) and sections 65 and 66 apply to planning permission under an economically significant planning zone scheme where development has been begun but not completed by the time the area ceases to be an economically significant planning zone.

(4) The provisions of section 63(2) apply in determining for the purposes of this section when development shall be taken to be begun.

Alteration of economically significant planning zone scheme

38E.—(1) The adoption of alterations to an economically significant planning zone scheme has effect as follows.

(5) The adoption of alterations providing for—

(a) the exclusion of land from an economically significant planning zone;

(b) the withdrawal of planning permission; or

(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject.

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption.

(6) The adoption of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun before the adoption of alterations has effect; and the provisions of section 63(2) apply in determining for the purposes of this subsection when development shall be taken to be begun.

Provision of assistance by Department to OFMDFM

38F. The Department must provide such administrative and other assistance for OFMDFM as may be necessary to enable OFMDFM to carry out its functions under sections 38A to 38E.

Modifications of references to planning permission, etc., granted by the Department or councils

38G. In this Act, or in any provision made under this Act—

(a) any reference to planning permission granted by the Department or a council except where prescribed by regulations made by OFMDFM, includes a reference to planning permission granted under an economically significant planning zone scheme;

(9) In section 61 of the 2011 Act (duration of planning permission), in subsection (3) after paragraph (e) insert—

"(ee) to any planning permission granted by an economically significant planning zone scheme;”.

(10) In section 236 of the 2011 Act (rights of entry), in subsection (1)(a), after head (ii) insert—

"(iia) the making or altering of an economically significant planning zone scheme relating to the land;”.

(11) In section 242 of the 2011 Act (planning register), in subsection (1), after paragraph (i) insert—

"(ij) economically significant planning zones;”.

(12) In section 250 of the 2011 Act (interpretation), in subsection (1), after the definition of "development order” insert the following definitions—

"economically significant planning zone” and

"economically significant planning zone scheme” shall be construed in accordance with Section 38A;”.

(13) After Schedule 1 to the 2011 Act insert—

"SCHEDULE 1A

ECONOMICALLY SIGNIFICANT PLANNING ZONES

1.—(1) Where OFMDFM proposes to make or alter an economically significant planning zone scheme it must, before determining the content of its proposals, comply with this paragraph.

(2) OFMDFM must consult the council for the area or any part of the area to which the proposed economically significant planning zone scheme relates.

(3) OFMDFM must take such steps as it thinks fit to publicise—

(a) the fact that OFMDFM proposes to make or alter an economically significant planning zone scheme, and

(b) the matters which it is considering including in the proposals.

(4) OFMDFM must consider any representations that are made within the prescribed period.

2. Where OFMDFM has prepared a proposed economically significant planning zone scheme, or proposed alterations to an economically significant planning zone scheme, it must—

(a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed

(b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,

(d) send a copy of the proposed scheme or alterations to such persons as may be prescribed

3.—(1) Where objections to the proposed scheme or alterations are made, OFMDFM may—

(a) for the purpose of considering the objections, cause an independent examination to be carried out by—

(i) the planning appeals commission; or

(ii) a person appointed by OFMDFM: or

(b) require the objections to be considered by a person appointed by OFMDFM.

(2) Regulations made by OFMDFM may make provision with respect to the appointment, and qualifications for appointment, of persons for the purposes of this paragraph.

(3) Any person who makes objections to a proposed economically significant planning zone scheme or proposed alterations to an economically significant planning zone scheme must, if that person so requests, be given the opportunity to appear before and be heard by—

(a) the planning appeals commission; or

(b) the person appointed by OFMDFM under sub-paragraph (1)(a)(ii).

4.—(1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of the planning appeals commission or any other person holding an independent examination or considering those objections under paragraph 3, OFMDFM may, subject to the following provisions of this paragraph, adopt the proposed scheme or the proposed alteration—

(a) by order made with the consent of the Department of the Environment; or

(b) by order, a draft of which has been laid before, and approved by resolution of, the Assembly.

(2) OFMDFM may adopt the proposals as originally prepared or as modified so as to take account of—

(a) any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or

(b) any other considerations which appear to OFMDFM to be material.

5.—(1) Without prejudice to the previous provisions of this Schedule, OFMDFM may make regulations with respect—

(a) to the form and content of economically significant planning zone schemes, and

(b) to the procedure to be followed in connection with their preparation, adoption or alteration.

(2) Any such regulations may in particular—

(a) provide for the notice to be given of, or the publicity to be given to—

(i) matters included or proposed to be included in an economically significant planning zone scheme, and

(ii) the adoption of such a scheme, or of any alteration of it, or any other prescribed procedural step,

and for publicity to be given to the procedure to be followed in these respects;

(b) make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;

(c) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

(d) without prejudice to head (a), provide for notice to be given to particular persons of the adoption of an economically significant planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and have notified OFMDFM of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(e) provide for the publication and inspection of an economically significant planning zone scheme which has been adopted, or any document adopted altering such a scheme, and for copies of any such scheme or document to be made available on sale.

(3) In this Schedule, "prescribed” means prescribed by regulations made by OFMDFM.”.".— [Mr Boylan.]

After clause 3 insert