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14/05/2018
Approval For £240m Mallusk Waste Facility 'Unlawful' - Judge
A High Court judge has ruled that the approval for a new £240 million waste incinerator at Mallusk was unlawful.
Full planning permission for the controversial facility to be built in north Belfast was granted to waste management group Arc 21 in September last year.
However, a judge has now found a senior civil servant did not have the legal power to give the green light for the waste disposal facility at Hightown Quarry following Stomont's collapse.
Alliance MLA David Ford welcomed the decision.
Recognising the efforts of local campaign group NoArc 21, Mr Ford said the Court decision meant that there was an urgent need to clarify the ability of either the Secretary of State or the Civil Service to take decisions affecting the future of Northern Ireland.
"Local Alliance representatives had previously questioned why the civil service had been able to press ahead with this decision that had the potential to negatively impact the lives of so many in the local area, when the parties should have been working to see the institutions restored and Ministers in place," he said.
"Today's decision, while welcome locally, causes major uncertainty for Northern Ireland. With the future of civil servants taking decisions on big issues now uncertain, the Secretary of State must move Northern Ireland out of its current stalemate, restoring local accountable government urgently - or else risk slipping into uncertain direct rule."
The SDLP's Former Departmental Minister, Mark H Durkan MLA, said the judgement "poses serious questions" about decisions being taken in the absence of a government.
"This is a hugely significant judgement, particularly given that the Judge recognised that the decision by the Department "went against the premises of the devolved institutions".
"The question for all of us now - must be how we move forward. The SDLP will be seeking an urgent meeting with the Head of the Civil Service to determine how he intends to instruct future decision making across the civil service."
(LM)
Full planning permission for the controversial facility to be built in north Belfast was granted to waste management group Arc 21 in September last year.
However, a judge has now found a senior civil servant did not have the legal power to give the green light for the waste disposal facility at Hightown Quarry following Stomont's collapse.
Alliance MLA David Ford welcomed the decision.
Recognising the efforts of local campaign group NoArc 21, Mr Ford said the Court decision meant that there was an urgent need to clarify the ability of either the Secretary of State or the Civil Service to take decisions affecting the future of Northern Ireland.
"Local Alliance representatives had previously questioned why the civil service had been able to press ahead with this decision that had the potential to negatively impact the lives of so many in the local area, when the parties should have been working to see the institutions restored and Ministers in place," he said.
"Today's decision, while welcome locally, causes major uncertainty for Northern Ireland. With the future of civil servants taking decisions on big issues now uncertain, the Secretary of State must move Northern Ireland out of its current stalemate, restoring local accountable government urgently - or else risk slipping into uncertain direct rule."
The SDLP's Former Departmental Minister, Mark H Durkan MLA, said the judgement "poses serious questions" about decisions being taken in the absence of a government.
"This is a hugely significant judgement, particularly given that the Judge recognised that the decision by the Department "went against the premises of the devolved institutions".
"The question for all of us now - must be how we move forward. The SDLP will be seeking an urgent meeting with the Head of the Civil Service to determine how he intends to instruct future decision making across the civil service."
(LM)
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Northern Ireland WeatherThis Evening and Tonight:Rain clearing away east by early evening with some clear spells but a few showers likely to affect the North coast and other areas towards dawn, remaining breezy and mild overnight. Minimum temperature 9 °C.
