R v Department of the Environment for Northern Ireland ex p (1) Bow Street Mall Limited, (2) Lisburn Chamber of Commerce (3) Multi-Development UK Limited, (4) Central Craigavon Limited (5) Belfast City Council (6) Belfast Chamber of Trade and Commerce
R v Department of the Environment for Northern Ireland ex p (1) Bow Street Mall Limited, (2) Lisburn Chamber of Commerce (3) Multi-Development UK Limited, (4) Central Craigavon Limited (5) Belfast City Council (6) Belfast Chamber of Trade and Commerce
- 2006
[2006] NIQB 28, 10 May 2006. Concerns four separate applications for judicial review challenging various decisions of the Department of the Environment for Northern Ireland leading to the granting of outline planning permission to Sprucefield Centre Limited for a substantial store and retail development. "Held": the Ministerial Art 31 notice of opinion must be quashed. The functions of the court in the judicial review application in such as the instant case are strictly limited. It is limited to reviewing the decision-making process, its procedural propriety, legality and rationality and cannot concern itself in any way with the actual merits of the Department's planning decisions. The Department is bound to arrive at a fresh decision on the extant planning application which following the quashing of the impugned decisions falls to be reconsidered.
PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS (NORTHERN IRELAND) 1999 REG 15
R V DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND EX P BOW STREET MALL LTD AND FIVE OTHERS
ROADS (NORTHERN IRELAND) ORDER 1993 ART 122
PLANNING (NORTHERN IRELAND) ORDER 1991 ART 35
PLANNING (NORTHERN IRELAND) ORDER 1991 ART 31
NORTHERN IRELAND
[2006] NIQB 28, 10 May 2006. Concerns four separate applications for judicial review challenging various decisions of the Department of the Environment for Northern Ireland leading to the granting of outline planning permission to Sprucefield Centre Limited for a substantial store and retail development. "Held": the Ministerial Art 31 notice of opinion must be quashed. The functions of the court in the judicial review application in such as the instant case are strictly limited. It is limited to reviewing the decision-making process, its procedural propriety, legality and rationality and cannot concern itself in any way with the actual merits of the Department's planning decisions. The Department is bound to arrive at a fresh decision on the extant planning application which following the quashing of the impugned decisions falls to be reconsidered.
PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS (NORTHERN IRELAND) 1999 REG 15
R V DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND EX P BOW STREET MALL LTD AND FIVE OTHERS
ROADS (NORTHERN IRELAND) ORDER 1993 ART 122
PLANNING (NORTHERN IRELAND) ORDER 1991 ART 35
PLANNING (NORTHERN IRELAND) ORDER 1991 ART 31
NORTHERN IRELAND