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Rural new build law is 'unlawful' | Rural new build law is 'unlawful' |
(about 3 hours later) | |
The controversial law restricting building in Northern Ireland's countryside - PPS 14 - has been declared unlawful. | The controversial law restricting building in Northern Ireland's countryside - PPS 14 - has been declared unlawful. |
Mr Justice Gillen made his decision at the end of a lengthy judicial process in the High Court. He decided against quashing the law. | |
In the short term PPS 14 will remain on the books. | In the short term PPS 14 will remain on the books. |
Environment Minister Arlene Foster has announced that her department will now assume responsibility for it. | |
PPS 14 was introduced by the Department of Regional Development last year. | PPS 14 was introduced by the Department of Regional Development last year. |
However, subsequently in this judicial review, it was ruled as unlawful in that the department did not have the power to bring in such legislation. | However, subsequently in this judicial review, it was ruled as unlawful in that the department did not have the power to bring in such legislation. |
Its adoption by the Department of Environment keeps it as law for the short-term. | |
The challenge against PPS 14 was brought by Omagh District Council. | The challenge against PPS 14 was brought by Omagh District Council. |
After Thursday's ruling, chairman Bert Wilson, said: "We have been fully vindicated in our decision to take this matter to court." | After Thursday's ruling, chairman Bert Wilson, said: "We have been fully vindicated in our decision to take this matter to court." |
'Opportunity' | 'Opportunity' |
"Today's declaration that the introduction of PPS 14 was unlawful now provides the opportunity for the Executive to develop a planning policy appropriate to the needs of rural communities. | "Today's declaration that the introduction of PPS 14 was unlawful now provides the opportunity for the Executive to develop a planning policy appropriate to the needs of rural communities. |
"I would urge that this opportunity is now grasped by ministers," Mr Wilson said. | "I would urge that this opportunity is now grasped by ministers," Mr Wilson said. |
He said he wanted to see all the planning applications which were "illegally" refused or withdrawn - believed to be close on 20,000 - reviewed as a matter of urgency. | He said he wanted to see all the planning applications which were "illegally" refused or withdrawn - believed to be close on 20,000 - reviewed as a matter of urgency. |
Last month the High Court made a similiar ruling on PPS 14. Thursday's ruling represents its final decision. | Last month the High Court made a similiar ruling on PPS 14. Thursday's ruling represents its final decision. |
The judge stopped short of making an order quashing PPS 14 and instead made a declaration that the action of direct rule miniser Lord Rooker who brought it in and the policy document were both unlawful. | The judge stopped short of making an order quashing PPS 14 and instead made a declaration that the action of direct rule miniser Lord Rooker who brought it in and the policy document were both unlawful. |
People who were refused planning permission since PPS 14 was introduced in March, 2006 now have two avenues to seek redress - an approach to the Planning Appeals Commission or a legal route by way of application for judicial review. | People who were refused planning permission since PPS 14 was introduced in March, 2006 now have two avenues to seek redress - an approach to the Planning Appeals Commission or a legal route by way of application for judicial review. |