Back to the Future: 10 Years at Tughans & the State of Northern Ireland's Planning System (And Some Oscars Reflections) ??

Today marks a decade since I joined Tughans LLP – and as fate would have it, it’s also Oscars night! ??? It’s the perfect time for a little reflection on the past ten years in planning law (and some of our beloved Oscar-winning films).

Now, as a woman in planning law, let’s just say that securing planning permission can feel like far more than “The 39 Steps” (spoiler: it didn’t win an Oscar). At times, it requires the steely resolve of “The Iron Lady” (Oscar for Best Actress and Best Hair and Makeup). But unlike Margaret Thatcher, I became different kind of Iron Lady in 2015 (the triathlete kind), and coincidentally, 2015 also saw major shifts in our planning system.

When I started at Tughans, Northern Ireland was on the cusp of a massive change in planning. April 1st, 2015 (and no, this was no “April Fool’s” joke) saw most planning powers shift from the Department for Infrastructure to local councils. At the time, the Oscar-winner for Best Picture, Birdman (The Unexpected Virtue of Ignorance), we weren’t so ignorant about the scale challenges ahead, and any thoughts of a smooth transition were “For the Birds” (which did win an Oscar, whilst Alfred Hitchcock’s The Birds did not).

The Two-Tier Planning System

The Planning Act (NI) 2011 established a two-tier system: the Department for Infrastructure handles regionally significant planning applications and can call in certain other applications, while local councils take on most operational planning functions. This system was meant to decentralise decision-making – giving more power to elected local representatives.

But here’s the plot twist – despite the intention, the bulk of applications are still handled by what were described harshly pre-2015 by some as "faceless bureaucrats" (or skilled planning officers). In short, the bureaucracy to some degree lives on. But no need to mourn the “Death of a Bureaucrat” – this dark comedy/horror never won an Oscar, but it's certainly seems like an appropriate theme when talking about the planning system.

Local Development Plans: Back to the Future?

Councils have also been tasked with developing Local Development Plans (LDPs), which will eventually have determinative weight in planning decisions. In 2015 the Department’s “Great Expectations” (Best Art Direction, 1947) foresaw that all councils would have their LDPs completed within three and a half years. Spoiler: Frozen (Best Animated Feature, 2013) might be a more fitting description for the pace of progress. With all councils launching the process simultaneously, resources were required "Everything, Everywhere, All At Once" and as a result the process has been, well… slow.

Now, nearly a decade later, we’re still tackling planning policies from the 1980s. It’s like trying to fix a time machine – Marty McFly style – while planning for the future using policy that is decades behind. Recently, I was asked to address the ghost of an abandoned inner ring road proposal from yesteryear. Honestly, I’d rather not go on another Hobbit-like quest for the Lord of the Ring (Roads).

A Missed Opportunity for Flowers and Trees?

Another lingering issue is the lack of focus on biodiversity in the emerging LDPs. Northern Ireland has the least wooded area in the UK and Ireland, and the lowest urban tree cover. We rank 12th worst for biodiversity loss globally. Yet, many councils’ LDPs have, at best, made vague references to biodiversity rather than setting mandatory targets for its preservation. This is not withstanding the fact that the Wildlife and Natural Environment Act 2011 includes a biodiversity duty for all public sector bodies and PPS2 also sets out some high level requirements for biodiversity.

Unlike England and Wales we do not have a "Biodiversity Net Gain" requirement. I predict that in the next ten years we might see some challenges in our courts on the extent of the obligations on public bodies under the Wildlife and Natural Environment Act as the focus on biodiversity loss increases.

So, here’s the big question: Is this a missed opportunity for “Flowers and Trees” (Best Short Subjects, Cartoons, 1932)? Or will we see “The Man Who Planted Trees” (Best Animated Short Film, 1988) become a reality, thanks to Peter McReynolds’ Private Member’s Bill for tree protection?

For an environment/ movie/ law cross-over trivia bonus: "If you love this Planet "– 1982 winner of best documentary short was a highly controversial documentary in the United States at least. The American distributors of If You Love This Planet, and two other environmental films: Acid Rain: Requiem or Recovery, and Acid from Heaven were ordered to register as foreign agents by the United States Department of Justice citing the Foreign Agents Registration Act. The films were also ordered to be labeled as political propaganda. In 1986, the Supreme Court of the United States heard a challenge to the Department of Justice challenged ruling five to three in favor of the Department of Justice.

Delays and Deliberations: “Days of Waiting” or “Misery”?

The 2022 Northern Ireland Audit Office (NIAO) Review of Planning uncovered a major plot twist in the form of Brutalist delays (nominated for Best Picture in 2025). The report highlighted how long planning applications are taking, far beyond the statutory targets. Some major applications have been in the system for years (literally longer than I’ve been at Tughans!).

The latest statistics from June to September 2024, show that major applications are, on average taking 42 weeks to determine, up six weeks from the same period last year. So the "Misery" continues.

Delays at the Planning Appeals Commission (PAC) is another issue which is hampering development and limit the utility of appeals for non-determination. A review of some recently published decisions has shown that it can take up to one year from the date of hearing to the issuing of a decision. Whilst the backlog is improving at the PAC, there are still issues.

The NIAO is currently reviewing the PAC , and publication of their report is imminent.

For those of us working within the planning system, it can feel like the "Days of Waiting" (Best Documentary, 1991) makes every day feel like a day in "The Hurt Locker" (Best Picture, 2009 and first Best Picture winner to have been directed by a woman).

Planning & Elected Representatives: “The Right Stuff”?

Has the transfer of planning to elected representatives been “The Right Stuff” (which was a box-office flop but won four Oscars)? The jury’s still out. Recent decisions, like Re Gordon Duff’s Application [2025] NICA 8, show the danger of elected officials bypassing professional advice. As our Lady Chief Justice said, this case highlights the risk of ignoring planning officers’ expertise. The same issue was recently seen in the arc21 Energy from Waste project, where the Department for Infrastructure conceded a Judicial Review after the former Minister rejected expert advice from both the Planning Appeals Commission and expert officials within the Department.

What Does the Future Hold for Planning?

What will planning look like in the next 10 years? Will it be dystopian future as predicted in the Blade Runner films? (Blade Runner 2049 did receive Oscars for Best Cinematography and Best Visual Effects whereas, the original 1980s movie did not).

Looking ahead, we can expect the planning system to face increasing challenges around climate change and biodiversity. The Re Finch Supreme Court decision on Scope 3 emissions will likely create more hurdles for fossil fuel extraction, and I predict we’ll see more legal challenges based on the Climate Change Act in the near future. We have already seen similar action in the Republic of Ireland in the recent Coolglass decision.

The UK government has promised a bonfire of planning red tape. ?The Prime Minister has poured scorn on habitats mitigation measures charactering some high profile measures as the “fish disco” and “bat tunnel”. Part 6 of The Levelling-up and Regeneration Act 2023 (LURA) introduces Environmental Outcomes Reports (EORs) intended to replace the EU-derived Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) processes with an outcomes-based system which the government says will be more streamlined and place greater focus on delivering our environmental ambitions.

But will Northern Ireland follow suit? I suspect we’ll see Departures (Best Foreign Language Film, 2008) between GB and NI in environmental assessment post-Brexit, but only time will tell.

The Times They Are A-Changin’... Maybe

Just as I started my first decade at Tughans in a period of intense planning reform, it looks like my next decade will begin in another period of planning reform.

The Department for Infrastructure is reviewing the planning system, which feels like a Conclave of sorts – a gathering of fresh perspectives to determine the future. Will the 2025 Oscars bring a “Wicked” nomination (for a good kind of change), or will we see The Complete Unknown – a mystery plot twist that leaves us all guessing? In the end, the system can’t afford to delay progress any longer. It’s time for swift action if Northern Ireland wants a planning system that can drive economic growth.

Here’s to the next 10 years of navigating the plot twists and ensuring that Northern Ireland’s planning system becomes a real Oscar-worthy contender! ????

#PlanningLaw #PlanningReform #NorthernIreland #Oscars2025 #ClimateChange #EconomicGrowth #Biodiversity #PlanningDelays