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EDITIONS
Monday, 24 June, 2002, 18:42 GMT 19:42 UK
Prison terms for planning offenders
Laws on the demolition of historic buildings will be tougher
Tougher planning regulations which could result in prison sentences for those who flout the rules have been promised by environment minister Dermot Nesbitt.

Addressing the assembly on Monday, Mr Nesbitt said his new planning bill involved increasing fines to �20,000.

"My position is clear," he said.

"For those who operate within the law, I wish to see speedy and effective planning decisions," said the minister.

"For those who flout the law I wish to see equally speedy and effective sanctions applied."


The provisions in the bill will significantly improve how the planing system operates

Dermot Nesbitt Environment minister

The Planning (Amendment) Bill 2002 is expected to considerably speed up and strengthen enforcement powers.

"A person found guilty of an offence involving the demolition or alteration of a listed building may be given a term of imprisonment," said Mr Nesbitt.

Sentences would be up to two years in jail.

The bill includes the introduction of "spot-listing" which will allow the department to move quickly in circumstances where buildings were at risk.

Reserved matter

The measure would enable the department to issue temporary listing of a building under threat to provide a breathing space while a long term decision was made.

A major overhaul of the of the environment department's powers to protect and replace trees is also included in the legislation.

Mr Nesbitt said despite concern expressed by the Environment Committee that no provision had been made to make it unlawful to commence development without planning permission, it was a reserved matter which would require the permission of the Secretary of State, John Reid.

The minister said he had been in discussion with Dr Reid and intended to consult further with him.

NI Environment Minister Dermot Nesbitt
Dermot Nesbitt: "A person found guilty may be given a term of imprisonment"

"The provisions in the bill will significantly improve how the planing system operates," said Mr Nesbitt.

"Importantly, the bill will enhance the department's enforcement powers and will enable enforcement action to be taken more quickly and more effectively."

However, Sinn Fein member Mick Murphy criticised the level of new fines, saying they were too small, especially for big construction companies, a sentiment echoed by United Unionist Assembly Party member Denis Watson.

Alliance member Kieran McCarthy said the legislation was long overdue, but said he was concerned there was no provision for third party appeals to planning decisions.

Jane Morrice, deputy leader of the Women's Coalition, said there was "increasing frustration" amongst the public about how the planning process had been working.

"The planning procedure to date has failed the local community," she said.

"It needs changed and it needs teeth. This is our opportunity to make our mark on something which effects every member of our community," she said.

Responding, Mr Nesbitt agreed with members there was need for further discussion on the issue of third party appeals, and said he would discuss it with the Environment Committee.

The Bill was given an unopposed second reading.

 WATCH/LISTEN
 ON THIS STORY
BBC NI's political correspondent Martina Purdy:
"The bill is expected to considerably speed up and strengthen enforcement powers"
BBC NI's environment correspondent Mike McKimm:
"The minister is seeking more powers to remove the control of developers"
See also:

23 May 02 | N Ireland
11 Apr 02 | N Ireland
09 Nov 00 | N Ireland
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