Minutes of Proceedings

Members observed two minutes’ silence.

2. Public Petition

2.1 Public Petition – ‘Magee Expansion: Time to Make it Happen’

Ms Maeve McLaughlin was granted leave, in accordance with Standing Order 22, to present a Public Petition regarding the ‘Magee Expansion: Time to Make it Happen’.

3. Executive Committee Business

3.1 Statement - British-Irish Council Summit Plenary meeting

The First Minister, Rt Hon Peter Robinson, made a statement regarding the British-Irish Council Summit Plenary meeting, held in Magee College, Derry~Londonderry on 21 June 2013, following which he replied to questions.

3.2 Statement – Taking Forward Transformation

The Minister of Health, Social Services and Public Safety, Mr Edwin Poots, made a statement regarding Taking Transformation Forward, following which he replied to questions.

The Deputy Speaker (Mr Dallat) took the Chair.

3.3 Second Stage – Public Service Pensions Bill (NIA 23/11-15)

The Minister of Finance and Personnel, Mr Sammy Wilson, moved the Second Stage of the Public Service Pensions Bill.

Debate ensued.

The Public Service Pensions Bill (NIA 23/11-15) passed Second Stage (Division 1).

The Deputy Speaker (Mr Beggs) took the Chair.

3.4 Second Stage – Licensing of Pavement Cafés Bill (NIA 24/11-15)

The Minister for Social Development, Mr Nelson McCausland, moved the Second Stage of the Licensing of Pavement Cafés Bill). 

Debate ensued.

The Licensing of Pavement Cafés Bill (NIA 24/11-15) passed Second Stage without division.

4. Question Time

4.1 Enterprise, Trade and Investment  

Questions were put to, and answered by, the Minister of Enterprise, Trade and Investment, Mrs Arlene Foster.

4.2 Environment

Questions were put to, and answered by, the Minister of the Environment, Mr Alex Attwood.

The Speaker took the Chair.

5. Executive Committee Business (Cont’d)

5.1 Resumption of Consideration Stage –Planning Bill (NIA 17/11-15)

Consideration Stage of the Planning Bill began on Monday 24 June 2013 but the votes after Amendment 20, and debate on the Amendments in Group 3, were deferred following the presentation of a valid Petition of Concern under Standing Order 28 on Monday 24 June 2013 in relation to Amendments 21 and 23.

The question being put, it was agreed without division that Clauses 4 and 5 stand part of the Bill.

After debate, Amendment 21 to Clause 6 was negatived on a cross community vote (Division 2).

After debate, Amendment 22 to Clause 6 was made without division.

After debate, Amendment 23 to Clause 6 was negatived on a cross community vote (Division 3).

The question being put, it was agreed that Clause 6 as amended stand part of the Bill (Division 4).

The question being put, it was agreed without division that Clauses 7 to 10 stand part of the Bill.

The Deputy Speaker (Mr Dallat) took the Chair.

After debate, Amendment 24 inserting new Clause 10A was negatived on a cross community vote (Division 5).

The question being put, it was agreed without division that Clauses 11 and 12 stand part of the Bill.

After debate, Amendment 25 inserting new Clause 12AA was made without division and it was agreed that the new clause stand part of the Bill.

After debate, Amendment 26 inserting new Clause 12A was made and it was agreed that the new clause stand part of the Bill (Division 6).

The question being put, it was agreed without division that Clauses 13 to 16 stand part of the Bill.

After debate, Amendment 27 inserting new Clause 16A was negatived without division.

The question being put, it was agreed without division that Clauses 17 to 19 stand part of the Bill.

After debate, Amendment 28 to Clause 20 was made without division.

After debate, Amendment 29 to Clause 20 was made without division.

The question being put, it was agreed without division that Clause 20 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 21 to 24 stand part of the Bill.

After debate, Amendment 30 to Clause 25 was made without division.

The question being put, it was agreed without division that Clause 25, as amended, stand part of the Bill.

The question being put, it was agreed without division that Clause 26 stand part of the Bill.

After debate, Amendment 31 to Clause 27 was made without division.

After debate, Amendment 32 to Clause 27 was made (Division 7).

After debate, Amendment 33 to Clause 27 was negatived without division.

After debate, Amendment 34 to Clause 27 was made  (Division 8).

The question being put, it was agreed that Clause 27, as amended, stand part of the Bill (Division 9).

The question being put, it was agreed without division that Clause 28 stand part of the Bill.

The question being put, the Long Title was agreed without division. 

The Planning Bill (NIA 17/11-15) stood referred to the Speaker.

6. Committee Business

6.1 Motion - Extension of Committee Stage: Carrier Bags Bill (NIA Bill 20/11-15)

Proposed:

That, in accordance with Standing Order 33(4), the period referred to in Standing Order 33(2) be extended to 30 November 2013, in relation to the Committee Stage of the Carrier Bags Bill (NIA Bill 20/11-15).

Chairperson, Committee for the Environment

Question being put, the Motion was carried without division.

7. Private Members’ Business

7.1 Motion – IF Campaign/G8 Summit 2013

Proposed:

That this Assembly welcomes the principles, aims and targets set by the IF campaign; condemns the fact that two million children die from malnutrition each year; recognises the opportunity that hosting the G8 Summit presents to call on the eight global leaders to honour their responsibilities to developing countries and to tackling climate change and the associated injustices of hunger, dispossession and human rights violations; and calls on the British and Irish governments to realise their pledge to contribute 0.7 per cent of their national income to international aid.

Mr C McDevitt
Mr J Wells
Mr C Lyttle
Mr S Agnew
Mr R Swann
Ms J McCann

Debate ensued.

The Deputy Speaker (Mr Beggs) took the Chair.

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

8. Adjournment

Mr Chris Hazzard spoke to his topic regarding the lack of economic development in Down District.

Proposed:

That the Assembly do now adjourn.

The Speaker

The Assembly adjourned at 9.40pm.

Mr William Hay
The Speaker
25 June 2013

Northern Ireland Assembly

25 June 2013

Division 1

Second Stage – Public Service Pensions Bill (NIA 23/11-15)

The Question was put and the Assembly divided.

Ayes: 75
Noes: 11

AYES

Mr Allister, Mr Anderson, Mr Boylan, Ms Boyle, Ms P Bradley, Mr Brady, Ms Brown, Mr Buchanan, Mr Clarke, Mrs Cochrane, Mr Copeland, Mr Cree, Mrs Dobson, Mr Douglas, Mr Dunne,
Mr Easton, Dr Farry, Ms Fearon, Mr Flanagan, Mr Ford, Mr Frew, Mr Gardiner, Mr Girvan,
Mr Givan, Mrs Hale, Mr Hamilton, Mr Hazzard, Mr Hilditch, Mr Humphrey, Mr Hussey, Mr Irwin, Mr G Kelly, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lynch, Mr Lyttle, Mr McCallister, Mr F McCann,
 Mr McCarthy, Mr McCartney, Mr McCausland, Ms McCorley, Mr B McCrea, Mr I McCrea,
Mr McElduff, Ms McGahan, Mr McGimpsey, Mr M McGuinness, Mr D McIlveen, Miss M McIlveen, Mr McKay, Ms Maeve McLaughlin, Mr McMullan, Mr McQuillan, Mr Milne, Lord Morrow,
Mr Moutray, Mr Newton, Ms Ní Chuilín, Mr Ó hOisín, Mr O'Dowd, Mrs Overend, Mr Poots,
Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan, Mr Spratt,
Mr Swann, Mr Weir, Mr Wells, Mr Wilson.

Tellers for the Ayes: Mr Girvan and Mr McQuillan

NOES

Mr Agnew, Mr Byrne, Mr Durkan, Mr Eastwood, Mrs D Kelly, Mr McDevitt, Mr McGlone,
Mrs McKevitt, Mr A Maginness, Mr P Ramsey, Mr Rogers.

Tellers for the Noes: Mr Eastwood and Mr Rogers

The Second Stage was agreed.

Northern Ireland Assembly

25 June 2013

Division 2

Consideration Stage – Planning Bill (NIA 17/11-15) – Clause 6 (Determination of planning applications) - Amendment 21

Proposed:

In page 5, line 23, after "economic" insert "and environmental".

Mr T Elliott
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 53
Noes: 31

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr Brady, Mr Byrne, Mr Durkan, Mr Eastwood, Ms Fearon,
Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann,
Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan,
Mr McGlone, Mr M McGuinness, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan,
Mr A Maginness, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Allister, Mr Copeland, Mr Cree, Mrs Dobson, Mr Gardiner, Mr Hussey, Mr Kinahan,
Mr McCallister, Mr B McCrea, Mr McGimpsey, Mrs Overend, Mr Swann.

OTHER:

Mr Agnew, Mrs Cochrane, Ms Lo, Mr Lunn, Mr Lyttle.

Tellers for the Ayes: Mr Kinahan and Mr Swann.

NOES

UNIONIST:

Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Craig, Mr Douglas,
Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton,
Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss M McIlveen,
Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McQuillan and Mr G Robinson.

Total votes                               84                                           Total Ayes                            53           [63.1%]

Nationalist Vote                      36                                           Nationalist Ayes                  36           [100.0%%]

Unionist Votes                         43                                           Unionist Ayes                       12           [27.9%]

Other Votes                               5                                            Other Ayes                          5              [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

25 June 2013

Division 3

Consideration Stage – Planning Bill (NIA 17/11-15) – Clause 6 (Determination of planning applications) Amendment 23

Proposed:

In page 5, line 30, after "economic" insert "and environmental".

Mr T Elliott
Mr R Swann

The Question was put and the Assembly divided.

Ayes: 54
Noes: 31

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr Brady, Mr Byrne, Mr Durkan, Mr Eastwood, Ms Fearon, Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann, Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan, Mr McGlone, Mr M McGuinness, Mr McKay, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan, Mr A Maginness, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey, Mr Rogers, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Allister, Mr Copeland, Mr Cree, Mrs Dobson, Mr Gardiner, Mr Hussey, Mr Kinahan, Mr McCallister, Mr B McCrea, Mr McGimpsey, Mrs Overend, Mr Swann.

OTHER:

Mr Agnew, Mrs Cochrane, Ms Lo, Mr Lunn, Mr Lyttle.

Tellers for the Ayes: Mr Kinahan and Mr Swann.

NOES

UNIONIST:

Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Craig, Mr Douglas, Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mr Givan, Mrs Hale, Mr Hamilton, Mr Hilditch, Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss M McIlveen, Mr McQuillan, Lord Morrow, Mr Moutray, Mr Newton, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Weir, Mr Wells.

Tellers for the Noes: Mr McQuillan and Mr G Robinson.

Total votes                               85                                           Total Ayes                            54           [63.5%]

Nationalist Vote                      37                                           Nationalist Ayes                  37           [100.0%%]

Unionist Votes                         43                                           Unionist Ayes                       12           [27.9%]

Other Votes                               5                                            Other Ayes                          5              [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

25 June 2013

Divisions

Division 4

Consideration Stage – Planning Bill (NIA 17/11-15) – Clause 6 (Determination of planning applications)

Proposed:

Clause 6, as amended, stand part of the Bill.

The Question was put and the Assembly divided.

Ayes: 68
Noes: 16

AYES

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

Tellers for the Ayes: Mr A Maginness and Mr McGlone

NOES

Mr Agnew, Mr Allister, Mr Copeland, Mr Cree, Mrs Dobson, Mr Gardiner, Mr Hussey, Mr Kinahan, Ms Lo, Mr Lunn, Mr Lyttle, Mr McCallister, Mr B McCrea, Mr McGimpsey, Mrs Overend,
Mr Swann.

Tellers for the Noes: Mr Agnew and Ms Lo

Question accordingly agreed to.

Northern Ireland Assembly

25 June 2013

Division 5

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 24

Proposed:

"Third party right of appeal

10A.In Article 32 of the 1991 Order (Appeals) after paragraph (1) insert—

"(1A) The Department may by regulations provide for an appeal under paragraph (1) to be made by a person other than the applicant, subject to such limits as may be specified.

(1B) Regulations under paragraph (1A) shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”".

Mr S Agnew

The Question was put and the Assembly divided.

Ayes: 57
Noes: 30

AYES

NATIONALIST:

Mr Attwood, Mr Boylan, Ms Boyle, Mr Brady, Mr Byrne, Mr Durkan, Mr Eastwood, Ms Fearon,
Mr Flanagan, Mr Hazzard, Mrs D Kelly, Mr G Kelly, Mr Lynch, Mr McAleer, Mr F McCann,
Mr McCartney, Ms McCorley, Mr McDevitt, Dr McDonnell, Mr McElduff, Ms McGahan,
Mr McGlone, Mr M McGuinness, Mrs McKevitt, Ms Maeve McLaughlin, Mr McMullan,
Mr A Maginness, Mr Maskey, Mr Milne, Mr Ó hOisín, Mr O'Dowd, Mr P Ramsey, Ms S Ramsey,
Mr Rogers, Ms Ruane, Mr Sheehan.

UNIONIST:

Mr Allister, Mr Copeland, Mr Cree, Mrs Dobson, Mr Gardiner, Mr Hussey, Mr Kinahan,
Mr McCallister, Mr B McCrea, Mr McGimpsey, Mr Nesbitt, Mrs Overend, Mr Swann.

OTHER:

Mr Agnew, Mrs Cochrane, Mr Dickson, Dr Farry, Mr Ford, Ms Lo, Mr Lunn, Mr Lyttle.

Tellers for the Ayes: Mr Agnew and Ms Lo.

NOES

UNIONIST:

Mr Anderson, Ms P Bradley, Ms Brown, Mr Buchanan, Mr Clarke, Mr Craig, Mr Douglas,
Mr Dunne, Mr Easton, Mrs Foster, Mr Frew, Mr Girvan, Mrs Hale, Mr Hamilton, Mr Hilditch,
Mr Humphrey, Mr Irwin, Mr McCausland, Mr I McCrea, Miss M McIlveen, Mr McQuillan,  
Mr Moutray, Mr Newton, Mr G Robinson, Mr P Robinson, Mr Ross, Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Noes: Mr Anderson and Mr McQuillan.

Total votes                               87                                           Total Ayes                            57           [65.5%]

Nationalist Vote                      36                                           Nationalist Ayes                  36           [100.0%%]

Unionist Votes                         43                                           Unionist Ayes                       13           [30.2%]

Other Votes                               8                                            Other Ayes                          8              [100.0%]

The Amendment fell on a cross-community vote.

Northern Ireland Assembly

25 June 2013

Division 6

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 26

Proposed:

After clause 12 insert:

"Review of certain decisions

12A.—(1) After Article 33 of the 1991 Order insert—

33A.—(1) This Article applies to—

(a) any decision by the Department or OFMDFM to—

(i) grant or refuse planning permission;

(ii) grant or refuse any consent, agreement or approval of the Department or OFMDFM required by a condition imposed on a grant of planning permission; or

(iii) grant or refuse any approval of the Department or OFMDFM required under a development order;

(b) any determination of an appeal under Article 32 by the planning appeals commission,

where the decision or determination is one which is specified in, or is of a class of decision or determination which is specified in, an order made by OFMDFM which has been laid before, and approved by resolution of, the Assembly.

(2) Subject to paragraph (3), a decision or determination to which this Article applies shall not be subject to appeal or liable to be questioned in any court.

(3) A person aggrieved by a decision or determination to which this Article applies may, within 6 weeks of the decision being taken or the determination being made, appeal to the High Court on any question of law material to the decision or determination only where the question of law raises matters of—

(a) the compatibility of the decision or determination with the Convention rights; or

(b) the compatibility of the decision or determination with EU Law.

(4) The period referred to in paragraph (3) may be extended if, in the opinion of the High Court, there are exceptional reasons for doing so.

(5) In this Article—

"the Convention rights” has the same meaning as in the Human Rights Act 1998;

"EU law” means—

(a) all rights, powers, liabilities, obligations and restrictions created or arising by or under the EU Treaties; and

(b) all remedies and procedures provided by or under those Treaties.”.

(2) After section 60 of the 2011 Act insert—

"Review of certain decisions

60A.—(1) This section applies to—

(a) any decision by a council, the Department or OFMDFM to—

(i) grant or refuse planning permission;

(ii) grant or refuse any consent, agreement or approval of the council, the Department or OFMDFM required by a condition imposed on a grant of planning permission; or

(iii) grant or refuse any approval of the council, the Department or OFMDFM required under a development order;

(b) any determination of an appeal under section 58 by the planning appeals commission,

where the decision or determination is one which is specified in, or is of a class of decision or determination which is specified in, an order made by OFMDFM which has been laid before, and approved by resolution of, the Assembly.

(2) Subject to subsection (3), a decision or determination to which this section applies shall not be subject to appeal or liable to be questioned in any court.

(3) A person aggrieved by a decision or determination to which this section applies may, within 6 weeks of the decision being taken or the determination being made, appeal to the High Court on any question of law material to the decision or determination only where the question of law raises matters of—

(a) the compatibility of the decision or determination with the Convention rights; or

(b) the compatibility of the decision or determination with EU law.

(4) The period referred to in subsection (3) may be extended if, in the opinion of the High Court, there are exceptional reasons for doing so.

(5) In this section—

"the Convention rights” has the same meaning as in the Human Rights Act 1998;

"EU law” means—

(a) all rights, powers, liabilities, obligations and restrictions created or arising by or under the EU Treaties; and

(b) all remedies and procedures provided by or under those Treaties.”.".

Mr P Weir
Mr C Boylan

The Question was put and the Assembly divided.

Ayes: 54
Noes: 33

AYES

Mr Anderson, 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, 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, Miss M McIlveen, Ms Maeve McLaughlin,
Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Newton, Mr Ó hOisín,
Mr O'Dowd, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan,  Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Boylan and Mr McQuillan

NOES

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

Tellers for the Noes: Mr Agnew and Mr Lyttle

The Amendment was made.

Northern Ireland Assembly

25 June 2013

Division 7

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 32

In page 16, line 31, before "15" insert "3A(1) to (6), 12A(1),".

Mr C Boylan
Mr P Weir

The Question was put and the Assembly divided.

Ayes: 54
Noes: 33

AYES

Mr Anderson, 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, 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, Miss M McIlveen, Ms Maeve McLaughlin,
Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Newton, Mr Ó hOisín,
Mr O'Dowd, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan,
Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Boylan and Mr McQuillan

NOES

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

Tellers for the Noes: Mr Eastwood and Mr Rogers

The Amendment was made.

Northern Ireland Assembly

25 June 2013

Division 8

Consideration Stage – Planning Bill (NIA 17/11-15) – Amendment 34

In page 16, line 35, at end insert

"(3) Section 3A(7) to (13) and section 12A(2) come into operation on the day on which Part 3 of the 2011 Act comes into operation.".—

Mr C Boylan
Mr P Weir

The Question was put and the Assembly divided.

Ayes: 54
Noes: 33

AYES

Mr Anderson, 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, 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, Miss M McIlveen, Ms Maeve McLaughlin,
Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Newton, Mr Ó hOisín,
Mr O'Dowd, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan,
Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Boylan and Mr McQuillan

NOES

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

Tellers for the Noes: Mr Eastwood and Mr Rogers

The Amendment was made.

Northern Ireland Assembly

25 June 2013

Division 9

Consideration Stage – Planning Bill (NIA 17/11-15) – Clause 27 (Commencement)

Proposed:

Clause 27, as amended, stand part of the Bill.

The Question was put and the Assembly divided.

Ayes: 54
Noes: 32

AYES

Mr Anderson, 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, 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, Miss M McIlveen, Ms Maeve McLaughlin,
Mr McMullan, Mr McQuillan, Mr Maskey, Mr Milne, Mr Moutray, Mr Newton, Mr Ó hOisín,
Mr O'Dowd, Ms S Ramsey, Mr G Robinson, Mr P Robinson, Mr Ross, Ms Ruane, Mr Sheehan,
Mr Spratt, Mr Storey, Mr Weir, Mr Wells.

Tellers for the Ayes: Mr Boylan and Mr McQuillan

NOES

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

Tellers for the Noes: Mr Eastwood and Mr Rogers

Question accordingly agreed to.

Planning Bill

Marshalled List of Amendments

Consideration Stage

Monday 24 June 2013

Amendments tabled up to 9.30am Thursday, 20 June 2013 and selected for debate

Amendment 1            [Negatived on division] 

Clause 2, Page 1, Line 15

After ‘improving’ insert ‘social’

Mr Steven Agnew

Amendment 2            [Not moved] 

Clause 2, Page 1, Line 16

Leave out sub-paragraph (c)

Ms Anna Lo

Mr Christopher Lyttle

Mr Stewart Dickson

Mr Kieran McCarthy

Amendment 3            [Negatived on division] 

Clause 2, Page 1, Line 16

At end insert -

‘(d) promoting environmental protection’

Mr Steven Agnew

Amendment 4            [Negatived on division] 

Clause 2, Page 1, Line 16

At end insert -

‘(d) protecting the environment’

Mr Tom Elliott
Mr Robin Swann

Amendment 5            [Not moved] 

Clause 2, Page 1, Line 16

At end insert -

‘(1A) For the purposes of this Order “sustainable development” means development that seeks to deliver the objective of achieving economic development to secure higher living standards while protecting and enhancing the environment.’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 6            [Not moved] 

Clause 2, Page 1, Line 19

Leave out from ‘achieving’ to the end of the line and insert -

‘—

(a) achieving good design; and

(b) promoting shared use of the public realm between persons of different religious belief, political opinion or racial group.’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 7            [Made]  

Clause 2, Page 2, Line 5

At end insert -

‘(3) The Department must, not later than 3 years after the coming into operation of section 2(1) of the Planning Act (Northern Ireland) 2013, review and publish a report on the implementation of this Article.

(4) The Department must make regulations setting out the terms of the review.”.’

Minister of the Environment

Amendment 8            [Not moved] 

Clause 2, Page 2, Line 11

After ‘improving’ insert ‘social’

Mr Steven Agnew

Amendment 9            [Not moved] 

Clause 2, Page 2, Line 12

Leave out sub-paragraph (iii)

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 10          [Not moved] 

Clause 2, Page 2, Line 12

At end insert -

‘(iv) promoting environmental protection’

Mr Steven Agnew

Amendment 11          [Not moved] 

Clause 2, Page 2, Line 12

At end insert -

‘(iv) protecting the environment’

Mr Tom Elliott
Mr Robin Swann

Amendment 12          [Not moved] 

Clause 2, Page 2, Line 13

At end insert -

‘“(2A) For the purposes of this Act “sustainable development” means development that seeks to deliver the objective of achieving economic development to secure higher living standards while protecting and enhancing the environment.’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 13          [Not moved] 

Clause 2, Page 2, Line 15

Leave out from ‘achieving’ to the end of the line and insert -

‘—

(a) achieving good design; and

(b) promoting shared use of the public realm between persons of different religious belief, political opinion or racial group.’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 14          [Not moved] 

Clause 2, Page 2, Line 20

After ‘improving’ insert ‘social’

Mr Steven Agnew

Amendment 15          [Not moved] 

Clause 2, Page 2, Line 21

Leave out paragraph (c)

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 16          [Not moved] 

Clause 2, Page 2, Line 21

At end insert -

‘(d) promoting environmental protection’

Mr Steven Agnew

Amendment 17          [Not moved] 

Clause 2, Page 2, Line 21

At end insert -

‘(d) protecting the environment’

Mr Tom Elliott
Mr Robin Swann

Amendment 18          [Not moved] 

Clause 2, Page 2, Line 21

At end insert -

‘(aa) after subsection (1), insert -

“(1A) For the purposes of this Act “sustainable development” means development that seeks to deliver the objective of achieving economic development to secure higher living standards while protecting and enhancing the environment.”;’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 19          [Not moved] 

Clause 2, Page 2, Line 23

At end insert -

‘promoting shared use of the public realm between persons of different religious belief, political opinion or racial group; and’

Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson
Mr Kieran McCarthy

Amendment 20          [Made on division] 

New Clause

After clause 3 insert -

‘Economically significant planning zone schemes

3A.¾(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) insert¾

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

(3) After Article 13 of the 1991 Order insert¾

“Economically significant planning zone schemes

Economically significant planning zones

13A.¾(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 specify¾

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

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

(c)  any conditions, limitations or exceptions subject to which it is granted;

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 scheme¾

(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 to¾

(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.¾(1) The conditions and limitations on planning permission which may be specified in an economically significant planning zone scheme may include¾

(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 person¾

(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.¾(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 for¾

(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 Order¾

(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) insert¾

“(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.

(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 specify¾

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

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

(c)  any conditions, limitations or exceptions subject to which it is granted;

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 include¾

(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 person¾

(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

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.

(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 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;

(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.

(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 must¾

(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,

(c)  take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and

(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).

4.¾(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 Cathal Boylan
Mr Peter Weir

Amendment 21          [Negatived on division] 

Clause 6, Page 5, Line 23

After ‘economic’ insert ‘and environmental’

Mr Tom Elliott
Mr Robin Swann

Amendment 22          [Made] 

Clause 6, Page 5, Line 25

At end insert -

‘(1A) In that Article after paragraph (3) add—

“(4) The Department must, not later than 3 years after the coming into operation of section 6(1) of the Planning Act (Northern Ireland) Act 2013, review and publish a report on the implementation of this Article.

(5) The Department must make regulations setting out the terms of the review.”.’

Minister of the Environment

Amendment 23          [Negatived on division] 

Clause 6, Page 5, Line 30

After ‘economic’ insert ‘and environmental’

Mr Tom Elliott

Mr Robin Swann

Clause 6                      [Question that Clause 6 stand part agreed on division]

The Members listed below give notice of their intention to oppose the question that Clause 6 stand part of the Bill.

Mr Steven Agnew
Ms Anna Lo
Mr Christopher Lyttle
Mr Stewart Dickson

Amendment 24          [Negatived on division] 

New Clause

After clause 10 insert -

‘Third party right of appeal

10A. In Article 32 of the 1991 Order (Appeals) after paragraph (1) insert—

“(1A) The Department may by regulations provide for an appeal under paragraph (1) to be made by a person other than the applicant, subject to such limits as may be specified.

(1B) Regulations under paragraph (1A) shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”’

Mr Steven Agnew

Amendment 25          [Made] 

New Clause

After clause 12 insert -

‘Appeal in default of planning decision

12AA.—(1) In Article 33 of the 1991 Order (appeal in default of planning decision) for “or 25AA” substitute “, 25AA or 25AB”.

(2) In section 60 of the 2011 Act (appeal against failure to take planning decision) for “or 48” substitute “, 48 or 50”.’

Minister of the Environment

Amendment 26          [Made on division] 

New Clause

After clause 12 insert -

‘Review of certain decisions

12A.-(1) After Article 33 of the 1991 Order insert-

“Review of certain decisions

33A.-(1) This Article applies to-

(a)  any decision by the Department or OFMDFM to-

          (i)  grant or refuse planning permission;

         (ii)  grant or refuse any consent, agreement or approval of the Department or OFMDFM required by a condition imposed on a grant of planning permission; or

        (iii)  grant or refuse any approval of the Department or OFMDFM required under a development order;

(b) any determination of an appeal under Article 32 by the planning appeals commission,

where the decision or determination is one which is specified in, or is of a class of decision or determination which is specified in, an order made by OFMDFM which has been laid before, and approved by resolution of, the Assembly.

(2) Subject to paragraph (3), a decision or determination to which this Article applies shall not be subject to appeal or liable to be questioned in any court.

(3) A person aggrieved by a decision or determination to which this Article applies may, within 6 weeks of the decision being taken or the determination being made, appeal to the High Court on any question of law material to the decision or determination only where the question of law raises matters of-

(a)  the compatibility of the decision or determination with the Convention rights; or

(b) the compatibility of the decision or determination with EU Law.

(4) The period referred to in paragraph (3) may be extended if, in the opinion of the High Court, there are exceptional reasons for doing so.

(5) In this Article-

“the Convention rights” has the same meaning as in the Human Rights Act 1998;

“EU law” means-

         (a)  all rights, powers, liabilities, obligations and restrictions created or arising by or under the EU Treaties; and

         (b)  all remedies and procedures provided by or under those Treaties.”.

(2) After section 60 of the 2011 Act insert-

“Review of certain decisions

60A.-(1) This section applies to-

(a)  any decision by a council, the Department or OFMDFM to-

          (i)  grant or refuse planning permission;

         (ii)  grant or refuse any consent, agreement or approval of the council, the Department or OFMDFM required by a condition imposed on a grant of planning permission; or

        (iii)  grant or refuse any approval of the council, the Department or OFMDFM required under a development order;

(b) any determination of an appeal under section 58 by the planning appeals commission,

where the decision or determination is one which is specified in, or is of a class of decision or determination which is specified in, an order made by OFMDFM which has been laid before, and approved by resolution of, the Assembly.

(2) Subject to subsection (3), a decision or determination to which this section applies shall not be subject to appeal or liable to be questioned in any court.

(3) A person aggrieved by a decision or determination to which this section applies may, within 6 weeks of the decision being taken or the determination being made, appeal to the High Court on any question of law material to the decision or determination only where the question of law raises matters of¾

(a)  the compatibility of the decision or determination with the Convention rights; or

(b) the compatibility of the decision or determination with EU law.

(4) The period referred to in subsection (3) may be extended if, in the opinion of the High Court, there are exceptional reasons for doing so.

(5) In this section-

“the Convention rights” has the same meaning as in the Human Rights Act 1998;

“EU law” means-

         (a)  all rights, powers, liabilities, obligations and restrictions created or arising by or under the EU Treaties; and

         (b)  all remedies and procedures provided by or under those Treaties.”.’

Mr Peter Weir
Mr Cathal Boylan

Amendment 27          [Negatived] 

New Clause

After clause 16 insert -

‘World Heritage Sites

16A.—(1) Before Article 50 of the 1991 Order (Conservation areas) insert- 

“World Heritage Sites

49A(1) In exercising any powers under this Order in respect of a World Heritage Site or its buffer zone, the Department or the Planning Appeals Commission shall have regard to the desirability of- 

(a) protecting the Outstanding Universal Value for which the World Heritage Site was inscribed on the UNESCO World Heritage List; and

(b) Preserving the character and appearance of the World Heritage Site or its buffer zone.

(2) In this Article- 

“Buffer Zone” has the meaning set out in the ‘Operational Guidelines for the Implementation of the World Heritage Convention’;

“Outstanding Universal Value” has the meaning set out in the ‘Operational Guidelines for the Implementation of the World Heritage Convention’;

“World Heritage Site” is a place that is inscribed on the UNESCO World Heritage List.”.

(2) Before section 104 of the 2011 Act (Conservation areas) insert—

“World Heritage Sites

103A.—(1) In exercising any powers under this Act in respect of a World Heritage Site or its buffer zone, the Department or the Planning Appeals Commission shall have regard to the desirability of—

(a) Protecting the Outstanding Universal Value for which the World Heritage Site was inscribed on the UNESCO World Heritage List; and

(b) Preserving the character and appearance of the World Heritage Site or its buffer zone.

(2) In this Section—

“Buffer Zone” has the meaning set out in the ‘Operational Guidelines for the Implementation of the World Heritage Convention’;

“Outstanding Universal Value” has the meaning set out in the ‘Operational Guidelines for the Implementation of the World Heritage Convention’;

“World Heritage Site” is a place that is inscribed on the UNESCO World Heritage List.”.’

Ms Anna Lo
Mr Stewart Dickson
Mr Christopher Lyttle
Mr Kieran McCarthy

Amendment 28          [Made] 

Clause 20, Page 11, Line 6

At the beginning insert -

‘( ) In Article 72 of the 1991 Order (offence where enforcement notice not complied with), in paragraph (6) after “such an offence” add “or the payment of a fixed penalty under Article 76C(2)(b) in relation to such an offence”.

( ) In Article 76A of the 1991 Order (enforcement of conditions) , in paragraph (10) after “such an offence” add “or the payment of a fixed penalty under Article 76D(2)(b) in relation to such an offence”.’

Minister of the Environment

Amendment 29          [Made] 

Clause 20, Page 13, Line 29

At end insert -

‘(3) In section 147 of the 2011 Act (offence where enforcement notice not complied with), in subsection (6) after “such an offence” add “or the payment of a fixed penalty under section 153(2)(b) in relation to such an offence”.

(4) In section 152 of the 2011 Act (enforcement of conditions), in subsection (10) after “such an offence” add “or the payment of a fixed penalty under section 154(2)(b) in relation to such an offence”.’

Minister of the Environment

Amendment 30          [Made] 

Clause 25, Page 16

Leave out line 19 and insert ‘6(1) and (1A), 7 to 12, 12AA(1), 13 to 18, 19(1) and (2), 20(1) to (4) and 21 to 24.’

Minister of the Environment

Amendment 31          [Made] 

Clause 27, Page 16, Line 31

After ‘1’ insert ‘2(1), 6(1),’

Minister of the Environment

Amendment 32          [Made on division] 

Clause 27, Page 16, Line 31

Before ‘15’ insert ‘3A(1) to (6), 12A(1),’

Mr Cathal Boylan
Mr Peter Weir

Amendment 33          [Negatived] 

Clause 27, Page 16, Line 33

At end insert -

‘(1A) Sections 2(1) and 6(1) come into operation 4 months after the day on which this Act receives Royal Assent.’

Mr John McCallister

Amendment 34          [Made on division] 

Clause 27, Page 16, Line 35

At end insert -

‘(3) Section 3A(7) to (13) and section 12A(2) come into operation on the day on which Part 3 of the 2011 Act comes into operation.’

Mr Cathal Boylan
Mr Peter Weir

Northern Ireland Assembly

Papers Presented to the Assembly on
25 June 2013

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

6. Statutory Rules

For Information Only:

7. Written Ministerial Statements

8. Consultation Documents

Consultation on the Personal Independent Payment assessment Moving Around Activity, June 2013 (DSD)

9. Departmental Publications

10. Agency Publications

11.  Westminster Publications

12. Miscellaneous Publications

Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill.

Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles.

Committee Stage (Comm. Stage): Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.

Consideration Stage (CS): Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.

Further Consideration Stage (FCS): Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.

Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.

Royal Assent.

Proceedings as at 25 June 2013

2011-2015 Mandate
Executive Bills

2011-2015 Mandate
Non-Executive Bills

/ Bill progressing by accelerated passage

** Please note that any bills that received Royal Assent in the previous session have been removed from the table.