The Commission cannot give its seal of approval to the Northern Ireland Audit Office (NIAO) report due to concerns regarding the narrative, conclusions drawn, and recommendations. The reporting period assessed by the NIAO was at a point in time in our past and we have moved on since. The “backlogs and long delays” referred to in the report no longer exist.
At the start of the process in early 2024 the Commission was hopeful that the review would look to explore and advance options for enhancing the strategic effectiveness of the planning system. Unfortunately, it has only hinted at the significant changes required, including legislative amendments and adequate resourcing of all aspects of the planning system.
Despite the narrative within the NIAO report, due to our continued efforts, we are currently in a positive position in terms of output as detailed in the Annual Review available through the link: Annual Review 2025-26. It shows that median times for a decision in relation to an appeal are in the region of 22 weeks (down from the 75 weeks referred to in the NIAO report). Only two ‘longstanding’ appeal cases remain with the Commission and there are no backlogs within this workstream. Whilst we accept that output was not where it needed to be at a point in time, as a quasi-judicial body where appellants are seeking access to justice we could not compromise on quality, hence longer decision-making times in line with the level of resources that we had available. The quality of our decisions has been maintained and it is important to note that the NIAO Report only focussed on output, not quality.
In respect of regionally significant applications, approximately 20% of the overall ‘decision-making’ time rests with the Commission. Therefore, the Commission’s role in the process, whilst important, differs significantly from the other jurisdictions as outlined in the report. The backlog that once existed was due to an increased number of referrals to us when we did not have the resources available to accommodate the work. The Commission has now progressed all such applications which are before it for hearing or public inquiry. Any delays currently incurred are due to circumstances beyond our control. Further details are set out on our website at Hearings and Inquiries - Requests
The NIAO’s conclusion that the Commission has not been delivering value for money is difficult to justify in light of the evidence provided to them. The reasoning for it is not apparent in the report itself. With an annual budget of less than £3 million and operating below full complement for most of the time, over the last five years the Commission has produced:
1096 appeal decisions;
19 reports in respect of Environmental Impact Assessment determinations;
5 reports in respect of regionally significant applications; and
6 reports after conducting the Independent Examination in respect of Plan Strategies.
The Commission, whilst disappointed that the NIAO was unable to recommend fundamental changes to matters that would really bring a difference to the planning system in Northern Ireland, will continue to use opportunities to promote necessary change to the system including a structural review of the Commission. The need for such a review has been highlighted by the Commission since 2021, and it is hoped that this will be instigated promptly. The Commission wishes to give assurance that in the interim, it will continue to act in an open, fair and impartial manner, free from political influence.
The Chief Commissioner wishes to place on public record that contrary to news reports, at no point did she question with the NIAO their remit in terms of investigating the efficiency of the Commission. The concerns raised were in respect of a different matter entirely covering the scope of the NIAO’s legal powers in carrying out investigations of this nature.