Northern Ireland Planning and Environment update

Welcome to the first edition of TLT’s Northern Ireland Planning and Environment update. This new blog series will share insight into planning and environmental law and policy developments in Northern Ireland, and occasionally the Republic of Ireland.

The launch follows the recent expansion of TLT’s infrastructure planning practice, with over 30 new lawyers joining the team, making TLT the UK’s largest legal practice dedicated to public law, infrastructure planning and future energy. While our colleagues in England publish a regular Infrastructure Planning Blog covering permissions and consents in Great Britain, differences in law and policy mean much of that content does not directly apply in Northern Ireland. This series is intended to provide more targeted, locally relevant commentary for the NI and ROI market.

Each issue will focus on developments of practical interest to clients, planning consultants and local authorities in the region. Our first blog focuses on minerals.

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Policy/consultation updates

The Department for the Economy (the Department) is seeking views and evidence to inform the development of a future minerals policy for Northern Ireland. Mineral prospecting is regulated under several legislative frameworks, the most significant being the Mineral Development Act (NI) 1969.

The four chapters on issues identified as being significant to stakeholders are:

1. Community Protections and Social Licence
2. Economic Opportunities
3. Legislative and Regulatory framework
4. Environmental Issues

The Department recognises that the current system is often considered an ‘open door’ for mineral prospecting licences (MPLs), allowing mineral prospecting companies to apply at any time for an area of up to 250km2, for up to six years. Though applications must relate to areas not already covered by an existing MPL. This approach differs from jurisdictions that hold defined ‘licensing rounds’. The Call for Evidence asks (among other things) whether the current legislative framework and associated consultation process are adequate to manage mineral exploration and extraction, and what changes should be made.

It is recognised that the decision to pursue mineral exploration and extraction is finely balanced, with both significant economic opportunities and environmental risks. The Call for Evidence mentions that recent challenges to the granting of MPLs have helped to highlight how the impact on the environment is an extremely important factor to be considered in any future mineral licensing policy (see case law below). Further, both a Strategic Environmental Assessment and Habitats Regulation Assessment are underway on mineral licensing and will also be consulted on in due course.

The Call for Evidence opened on 27 February 2026 and will close on Thursday 21 May 2026. Views can be shared here. The Department intends to develop and publish a Call for Evidence report following this.

Case law updates

In 2025, 7 MPLs were relinquished following the lodging of judicial review proceedings over the failure to publish the notice of intention to grant the MPLs in the Belfast Gazette.

This follows a successful judicial review in 2024 brought by Derry and Strabane District Council, against the Department for the Economy, of the grant of three mineral prospecting licences in its Council area. The Judge concluded that the licences were unlawfully granted.

On the Consultation issue, the Judge held that the Department failed to provide adequate information in respect of the MPLs, or the reasons why they were proposing to grant them and that, without such information regarding the nature of the prospecting activities (including impacts on the environment)– consultees could not give any intelligent response.  This was because the consultees were unable to ascertain to what extent the interests they represented might be affected.

On the Habitats Directive and Regulations issue, the Judge held that the Department failed to comply with its obligations and concluded that the grant of a MPL falls within the concept of a “plan or project” under the legislation and, additionally, that all the activities authorised by the MPLs met the test of being likely to have a significant effect on a protected site.  Ultimately, the Department should have carried out initial licence level screening to consider the environmental impacts of the prospecting activities before the grant of the MPLs but did not.

This judgment grapples with many concerns about minerals legislation and policy from an environmental perspective since the areas covered by the MPLs contain several protected sites including SACs, SPAs and ASSIs. It goes some way to provide context for the current review of mineral licensing policy in NI.

TLT acted for the Council and the judgment can be viewed here.  

Looking ahead

The Dalradian Goldmine Public Local Inquiry is due to reconvene on 13 April 2026 following the hearings being suspended by the Planning Appeals Commission (PAC) to allow transboundary consultation back in January 2025. This application is widely regarded as one of the largest and most complex development applications ever submitted in NI, inevitably facing significant opposition. All eyes will be on how the PAC navigates the resumption of the inquiry as it is set to run until June.

With gold prices continuing to climb to record levels, and “rare earth” minerals becoming strategically and geo-politically important, keep an eye on developments in the minerals sector!

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2026. Specific advice should be sought for specific cases. For more information see our terms & conditions.