ABSTRACT
As the jurisdiction of Northern Ireland embraces the devolution of planning powers to local authorities, the purpose of this chapter is to investigate not only if the existing legal toolkit is fit for purpose but also whether there are more structural issues which require attention. The history of planning law in Northern Ireland reflects developments in other areas of legislation in that, for the most part, it tracks events in England and Wales. For the most part, developments in planning enforcement legislation have been systematic and reactionary rather than radical, as evidence of extant failings emerged. One of the most significant developments in the evolution of enforcement law resulted from cognisance that there was a significant difference between operational development and material change of use as set out in the Planning Act 2011. Law making and policy development must be informed by a robust evidence base coupled with extensive consultation, otherwise questions emerge over legitimacy.
