1 Comment
Newry, Mourne and Down District Council have requested a correction 'on the basis of fairness and accuracy' regarding the story High Court grants leave for Newry Civic Hub Judicial Review which appeared on Newry.ie last night regarding a Judicial Review decision concerning the proposed Civic Hub and we are happy to set the record straight.
The story omitted to point out that seven grounds were submitted for Leave for Judicial Review by applicant Paul Lennon but only one "Breach of Climate Change Legislation" was taken forward yesterday. Council point out that four of them were abandoned by the applicant and in two Mr Justice McLaughlin determined that the applicant could not substantiate their grounds of challenge.
In a statement to Newry.ie a Council spokesperson said: “The leave application for judicial review in respect of planning approval for the Council’s Civic and Regional Hub in Newry was heard in the High Court on Monday 22 June.
"The applicant had lodged seven grounds of challenge to the decision to grant permission. However, after the applicant made their submissions to the court and after the Council’s senior barrister had opened the Council’s position, the applicant abandoned four of their grounds of challenge mid-hearing. The abandoned grounds were: Ground 3 (inadequate consultation process), Ground 4 (lack of transparency in decision making), Ground 5 (transport assessment) and Ground 7 (breach of regulation 3 – wrong fee paid.)
"After the application then proceeded on the remaining grounds, Mr Justice McLaughlin determined that the applicant could not substantiate their grounds of challenge for either Ground 2, (inadequate environmental impact assessment) and Ground 6 (speculative sites) and refused leave on both grounds.
"In respect of Ground 1 (breach of climate change legislation), the judge referred to the ongoing A5 Appeal before the Court of Appeal. He accepted that the challenge on this ground raised a novel point as there has been no previous challenge to any local authorities’ responsibilities in respect of climate change in this jurisdiction.
"The judge granted leave on this ground alone as he considered that he required a full hearing in order to determine the extent of the Council’s responsibilities in respect of climate change and whether any breach has arisen. The date for the hearing is to be confirmed.”
