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New rural homes ban is 'unlawful' New rural homes ban is 'unlawful'
(30 minutes later)
A ban on building new homes in rural areas of Northern Ireland has been overturned in the High Court.A ban on building new homes in rural areas of Northern Ireland has been overturned in the High Court.
Judge Mr Justice Gillen quashed a decision by former Stormont Minister Lord Rooker on planning regulation PPS 14 and declared it unlawful. Judge Mr Justice Gillen quashed a decision by former Stormont minister Lord Rooker on planning regulation PPS 14, declaring it to be unlawful.
Omagh District Council, backed by Armagh, Coleraine, Cookstown, Moyle and Strabane councils, had said there had been no effective consultation. Omagh District Council had sought the judicial review, arguing there had been no effective consultation.
The council welcomed the ruling, but added it did not want a "free-for-all". Thousands of planning decisions made since the regulation came into force in March 2006 may now be appealed.
The Chairman of Omagh District Council, Bert Wilson, said - after the hearing in Belfast on Friday - that PPS 14 was "detrimental to rural communities and fundamentally at odds with sustainable rural development". Direct rule minister Lord Rooker introduced the controversial measure in response to a surge in planning applications for new dwellings in rural areas.
"We are not advocating a planning free-for-all but planning which is based on local development plans proposed by councils, which will ensure that our rural communities can continue to thrive and be sustainable and that the traditional rural way of life is protected and safeguarded", he said. PPS 14 was detrimental to rural communities and fundamentally at odds with sustainable rural development Bert WilsonOmagh District Council In a ten-year period, such applications had risen more than fivefold, from 1,845 in 1994/95 to 9,520 by 2004/05.
The clampdown followed a surge in planning applications for new dwellings in rural areas, which had risen from 1,845 in 1994/95 to 9,520 by 2004/05. The move angered the farming community who claimed a ban on building a home for relatives would drive them from the land.
It angered the farming community who claimed a ban on building a home for farmers' relatives would drive them from the land. 'Bungalow blight'
But the ban was welcomed by environmentalists such as Friends of the Earth which claimed it was necessary to protect rural areas from over-development, often referred to as "bungalow blight." But it was welcomed by environmentalists such as Friends of the Earth, which claimed rural areas had to be protected from over-development, often referred to as "bungalow blight."
Welcoming Friday's ruling, Omagh District Council chairman Bert Wilson insisted that they did not want it to lead to a "planning free-for-all".
He said that PPS 14 was "detrimental to rural communities and fundamentally at odds with sustainable rural development".
He said they wanted planning based on local development plans proposed by councils.
"This will ensure that our rural communities can continue to thrive and be sustainable and that the traditional rural way of life is protected and safeguarded," he said.
The action was also backed by Armagh, Coleraine, Cookstown, Moyle and Strabane councils.
The Department for Regional Development said it would study the 29-page ruling.