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Rural new build law is 'unlawful' Building law stays despite ruling
(about 1 hour later)
The controversial law restricting building in Northern Ireland's countryside - PPS 14 - has been declared unlawful. The controversial planning law limiting building in the countryside, PPS 14, is to stay in place, despite being ruled unlawful by a High Court judge.
Mr Justice Gillen made his decision at the end of a lengthy judicial process in the High Court. He decided against quashing the law. Mr Justice Gillen ruled it was unlawful as it was introduced by the Department of Regional Development which did not have the power to do so.
In the short term PPS 14 will remain on the books. However, the judge decided not to overturn the law.
Environment Minister Arlene Foster has announced that her department will now assume responsibility for it. Environment Minister Arlene Foster later told the assembly her department would now assume responsibility for it.
PPS 14 was introduced by the Department of Regional Development last year. As a result, she said it would continue as present until it is changed in a review proposed for later this 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. This move had been anticipated after the High Court decision.
Its adoption by the Department of Environment keeps it as law for the short-term. It is not clear yet what will happen to planning applications made in the period when PPS 14 was deemed to have been unlawful.
The challenge against PPS 14 was brought by Omagh District Council. Some or all of them may get their fees returned.
PPS 14 was introduced by the direct rule miniser Lord Rooker last year.
The challenge against it 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.
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.