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Future of Northern Ireland Assembly Planning Bill in doubt Environment Minister Mark H Durkan withdraws Planning Bill
(about 5 hours later)
Environment Minister Mark H Durkan is to make a statement in the assembly on the future of his Planning Bill. The environment minister has confirmed that he will not move his Planning Bill because of legal concerns.
It is thought the minister may withdraw the bill after legal advice on changes backed by the DUP and Sinn Féin. Mark H Durkan said amendments to the bill backed by the DUP and Sinn Fein could run counter to the European Convention on Human Rights.
The changes would limit people's ability to go to court to challenge planning decisions. He also told the assembly that he had planning and economic concerns.
In June, the DUP and Sinn Féin threw their weight behind amendments to the Planning Bill designed to make the system more business friendly. In June the assembly passed amendments giving the first and deputy first ministers potential power to set up special economic planning zones.
The changes would potentially have given the first and deputy first ministers the power to set up special economic zones and would have limited the grounds on which objectors could secure judicial reviews of planning decisions. Other changes limited the grounds on which objectors could secure judicial reviews to challenge planning decisions in court.
However, the proposals were opposed by the former environment minister, Alex Attwood, who saw them as a power grab.However, the proposals were opposed by the former environment minister, Alex Attwood, who saw them as a power grab.
Earlier this month, the new minister, Mr Durkan, revealed that he had received legal advice that the amendments were in breach of the European Convention on Human Rights. Mr Durkan told MLAs the ability of people to challenge decisions in court is a fundamental right of citizens.
The minister is due to make a statement to MLAs on Tuesday. He said that legal advice was that the bill was unlawful and would be a breach of human rights.
There is growing speculation that he will opt for the so-called nuclear option - withdrawing the bill altogether. Mr Durkan rejected a DUP claim that by failing to consult the executive on his decision he has broken the ministerial code.