Durkan yesterday told the NI Assembly that recent amendments to the Bill, including giving the First and Deputy Minister powers to set up Economically Significant Planning Zones, could run counter to the European Convention on Human Rights, according to BBC reports.
The Minister said he was also concerned about restrictions introduced in the Bill of the right to judicial review for legal, procedural and evidential reasons. According to the Belfast Telegraph the Human Rights Commission has warned the Assembly that the new clause on judicial review breaches international laws. The amendments were added by the Assembly in June against the advice of then Environment Minister Alex Attwood.
Durkan told Assembly members that the ability of people to challenge decisions in court is a "fundamental right of citizens" and that he had received legal advice that the Bill was unlawful and in breach of human rights.
The Bill was introduced in January. It contains a number of provisions aimed at streamlining the planning system and facilitating speedier decision making. The Department for Environment NI had hoped for the Bill to complete the legislative process by the end of this year.
