WEST Tyrone Councillor Pat McDonnell said it is time for DOE Minister Arlene Foster to bring some consistency to the vexed issue of Planning Policy Statement 14 (PPS14). Reacting to last Thursday's High Court verdict and subsequent developments, he said there were disturbing aspects to the case.

"The only good aspect to this business is the fact that the judge awarded all costs against the Department, thereby saving the pocket of the local ratepayer. However, there are a number of disturbing aspects to the case. I am particularly concerned at what the case is saying about the relationship between the new Executive and the judiciary. If PPS14 was 'unlawful' and 'ultra vires', how can it ever have had legal status and credibility? How can it ever have had the authority to inform planning policy decisions? I believe this whole episode is a sign of the weakness of our new democracy, with lines which should be strong and well-defined being shamelessly blurred."

Proceeding to comment on the subsequent action of the minister, Councillor McDonnell said, "It seems that any planning application submitted between September 7th and last Thursday can be withdrawn and the fee refunded. That is to be welcomed but consistency demands that the minister go further."

He concluded, "I think that any applicant who fell foul of PPS14 should be allowed a refund. This should apply to any application made after March 16th, 2006, and subsequently refused, withdrawn and/or now part of a PAC appeal. With their money refunded, those applicants could then await the new rural planning policy, now promised within six months. They could then decide if a fresh application had any chance of success under the new rural policy and act accordingly."