Residents allowed to widen challenge to £55m Belfast development
Campaigners opposed to the construction in the Market area can now include new expert evidence based on a separate major planning case, a judge confirmed.
Mr Justice McCloskey gave their lawyers permission to raise further points connected to the Belfast Metropolitan Area Plan (BMAP).
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Hide AdRefusing the application “would leave a cluster of issues undetermined”, he said.
His decision meant the challenge due to get underway at the High Court in Belfast was put back to April.
Proceedings were issued against City Council after it accepted a planning application for the development at Stewart Street and East Bridge Street, near Central Station.
Up to 14 storey high, the 26,000 square metre Grade A office block is expected to create 350 construction jobs and generate permanent employment for 2,500 people.
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Hide AdBut more than 200 households in the adjoining neighbourhood have objected to it being given the go-ahead.
They insist it will seriously impact on their right to privacy and quality of life.
One resident, Elizabeth Conlon, brought the challenge on behalf of a wider group within the Market community.
Her legal team contend that the decision by the Council’s planning committee to approve development was unlawful.
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Hide AdThey allege the development potentially breaches privacy entitlements under European law, claiming the office tower would be invasive and overlooking homes.
An office tower on such a scale is in stark contrast to the traditional two-storey social housing in the Market area and inconsistent with its sense of community spirit, according to their case.
Residents packed into the courtroom for the anticipated opening of the case.
Instead, their senior counsel sought permission to introduce new points from by a planning consultant.
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Hide AdIssues raised by the expert centre on the impact of a separate legal challenge which resulted in BMAP being left in draft form.
Allowing the fresh evidence and amended argument being sought, Mr Justice McCloskey pointed out: “One major component of the interests of justice is the pursuit of legal certainty and finality.”
Some of the residents broke into a round of applause before leaving court.