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The planning system in Northern Ireland

Planning permission and planning policy (open/close)

The planning system is important and it is essential to understand how it works. Most cases of woods under threat the Woodland Trust deals with relate to planning applications for development affecting ancient woods, parkland and individual ancient trees.

Felling trees and clearing land does not in itself require planning permission. A planning authority could only prevent that from happening by serving an emergency tree preservation order. However, felling may require a felling licence.

The planning system has two parts: forward planning and development control (increasingly known as development management):
  • Forward planning consists of planning policies produced by central, regional and local government to guide future development.
  • Development control over individual planning proposals is managed by local planning authorities, which must make their decisions within the framework set out by national, regional and local planning policies.

Permitted development covers certain classes of development which do not require a planning application under development control.

Development control over minerals, waste and transport may be carried out by a different planning authority from other types of development, or may be by the same body in the case of unitary authorities.

“Development” covers building work, and changes of use of buildings and land.

National guidance (open/close)

The Planning Service issues Planning policy statements (PPS) which set out national policies which are taken into account when preparing development plans. PPS2 Planning and nature conservation includes a short section on trees and woods.

Development plans- area and local plans (open/close)

The divisional planning offices for the area produce area plans. These set out the detailed planning policies and specific proposals for the development and use of land which guide most day-to-day planning decisions and may include additional site specific policies relevant to local circumstances, eg sites of local nature conservation importance.

What you can do (open/close)

Area plans are produced in a consultative issues paper followed by a formal draft. It is vital to get involved at the issues paper stage if possible as this gives you the opportunity to state which issues you would like to see covered in the area plan. After a consultation period, the planning office considers any representations and issues the final area plan.

If you are concerned about a specific development proposal, you need to check what stage the area plan has reached. If you can still feed comments in on the development proposal, then the earlier in the process the better. You can feed comments in through formal consultation procedures as set out by the planning office.

You need to check the details of the development proposal set out in the plan. It is also helpful to check what protection woods and trees have under the plan. If the development proposal is not included in the plan, or is contrary to general policies within the plan, this will add weight to your campaign.

If the development has been approved in a previous plan and is designated for that use then you need to engage with the development control system which involves objecting to specific planning applications (see Planning permission for more details).

You can comment on area plans even if you are not concerned about a specific proposal. Ensuring the plan contains the best possible protective policies for woodland and trees will pre-empt development proposals that could lead to their damage or loss. When commenting on area plans you can refer to national planning policy guidance.
 

Find out more (open/close)

Related sections (open/close)


Disclaimer. This information is based on the experiences of the Woodland Trust and Ancient Tree Forum in dealing with cases of woods and trees under threat. While its content is intended to broaden understanding of the process, the Woodland Trust and Ancient Tree Forum do not accept liability for any errors or omissions or for any loss arising from use of the information contained herein by other parties. In any circumstances outside the knowledge and competence of an individual, he or she should always seek advice from an appropriate qualified professional such as a surveyor or solicitor depending on the case. None of the information on this web-page is to be relied upon as a statement of fact.

 

 

Campaigner's guide

Ancient woods and
trees


Protective designations

Other protective
regulations


The planning process

Campaigning

Guide in full



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