11/01/2010
Court Quashes Demolition Of Belfast Building
A decision to level an historic Victorian building in the centre of Belfast has been quashed by the High Court.
Planners must now reconsider the decision to redevelop the Athletic Stores site on Queen Street, following Judge Treacy's decision.
It was accepted a conservation area architect should have been consulted, and that a report did not include the costs for alternative schemes.
The legal bid to stop the 19th century warehouse from being rebuilt was brought by the Ulster Architectural Heritage Society, which has welcomed the decision.
Carlisle Property Developments Ltd wants to transform it into a nine-storey complex with 69 apartments, street level shops and basement parking facilities.
The Society challenged the decision to pass the application by claiming Planning Service failed to consider the price of refurbishment work on a building located within the Belfast City Centre Conservation Area.
It also argued the Department of Environment ignored the view of its own conservation officer who concluded that the loss of the warehouse and planned replacement would harm the area.
Lawyers for the Department contended that a surveyors report found the building is now over 110 years old and at the end of its useful life.
However, Mr Justice Treacy was told on Friday that the application to quash the planning permission decisions was no longer being resisted.
A lawyer for the DOE said it was recognised that the conservation area architect should have been consulted, while it was also accepted that the Society had a strong argument over costs for alternative schemes not being prepared.
It was "not obvious" why the strong recommendations of the conservation officer were not followed, the lawyer added.
(NS/GK)
Planners must now reconsider the decision to redevelop the Athletic Stores site on Queen Street, following Judge Treacy's decision.
It was accepted a conservation area architect should have been consulted, and that a report did not include the costs for alternative schemes.
The legal bid to stop the 19th century warehouse from being rebuilt was brought by the Ulster Architectural Heritage Society, which has welcomed the decision.
Carlisle Property Developments Ltd wants to transform it into a nine-storey complex with 69 apartments, street level shops and basement parking facilities.
The Society challenged the decision to pass the application by claiming Planning Service failed to consider the price of refurbishment work on a building located within the Belfast City Centre Conservation Area.
It also argued the Department of Environment ignored the view of its own conservation officer who concluded that the loss of the warehouse and planned replacement would harm the area.
Lawyers for the Department contended that a surveyors report found the building is now over 110 years old and at the end of its useful life.
However, Mr Justice Treacy was told on Friday that the application to quash the planning permission decisions was no longer being resisted.
A lawyer for the DOE said it was recognised that the conservation area architect should have been consulted, while it was also accepted that the Society had a strong argument over costs for alternative schemes not being prepared.
It was "not obvious" why the strong recommendations of the conservation officer were not followed, the lawyer added.
(NS/GK)
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