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17/06/2010
Planning 'Breach' In John Lewis Bid
A decision to adopt a draft planning policy concerning a proposed John Lewis store in Co Antrim should have gone before the Stormont Executive for approval, the High Court has ruled.
The NI Department for Regional Development transferred the document in 2008 without clearance from the NI Executive.
The Lord Chief Justice has now ruled that the move breached ministerial code, but that it was technical and inadvertent.
Sir Declan Morgan added that any further action should be left to the minister and Executive.
The owners of Rushmere Shopping Centre, Central Craigavon Ltd, brought the legal challenge over the validity of the planning draft.
The case focused on the department's ability to assume responsibility for the policy document in January 2008, after it was transferred from the Department for Regional Development, without getting clearance from the rest of the Executive.
It had been claimed that the proposed legislation gave preferential status for the development at Sprucefield, near Lisburn, involving the planned location of a new John Lewis superstore.
A separate legal challenge by objectors over alleged irregularities in advertising environmental information surrounding that scheme is ongoing.
The judicial review application was brought over PPS5, which deals with policy for town centres and retail developments across Northern Ireland.
Sir Declan pointed out that a policy involving common economic and social activity throughout Northern Ireland should cut across ministerial responsibilities.
He said: "I consider, therefore, that the adoption of this policy was a cross-cutting issue and the decision to adopt the policy should have been brought to the Executive for its approval."
(NS/BMcC)
The NI Department for Regional Development transferred the document in 2008 without clearance from the NI Executive.
The Lord Chief Justice has now ruled that the move breached ministerial code, but that it was technical and inadvertent.
Sir Declan Morgan added that any further action should be left to the minister and Executive.
The owners of Rushmere Shopping Centre, Central Craigavon Ltd, brought the legal challenge over the validity of the planning draft.
The case focused on the department's ability to assume responsibility for the policy document in January 2008, after it was transferred from the Department for Regional Development, without getting clearance from the rest of the Executive.
It had been claimed that the proposed legislation gave preferential status for the development at Sprucefield, near Lisburn, involving the planned location of a new John Lewis superstore.
A separate legal challenge by objectors over alleged irregularities in advertising environmental information surrounding that scheme is ongoing.
The judicial review application was brought over PPS5, which deals with policy for town centres and retail developments across Northern Ireland.
Sir Declan pointed out that a policy involving common economic and social activity throughout Northern Ireland should cut across ministerial responsibilities.
He said: "I consider, therefore, that the adoption of this policy was a cross-cutting issue and the decision to adopt the policy should have been brought to the Executive for its approval."
(NS/BMcC)
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Northern Ireland WeatherToday:A chilly start with a widespread frost and some freezing fog, any freezing fog slow to clear. Otherwise bright with sunny spells and coastal showers. Light winds. Maximum temperature 6 °C.Tonight:Coastal showers dying out with a widespread frost developing along with freezing fog, which could become extensive. Winds remaining light. Minimum temperature -3 °C.
