Residents vow to fight on after court victory over city office block

A High Court judge has formally quashed the decision to approve a new £55m office block beside an inner city housing district in Belfast.
Residents from the Markets area were awarded costs in their successful legal challenge against the office blockResidents from the Markets area were awarded costs in their successful legal challenge against the office block
Residents from the Markets area were awarded costs in their successful legal challenge against the office block

Mr Justice McCloskey also awarded legal costs to residents who challenged the granting of planning permission for a development up to 14 storeys high in the historic Market quarter.

The outcome was reached following a ruling that Belfast City Council planners had acted unlawfully in giving the green light to the development near Central Station.

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Officials are now expected to reconsider the construction proposals in accordance with the court’s findings.

But campaigners who took the case pledged to continue their fight to ensure the rights of people living in the district are taken into account.

Sinn Fein councillor Deirdre Hargey, who represents the area, said: “That residential community has been there longer than Belfast City Hall itself.

“You wouldn’t build a skyscraper next to City Hall, so why would you put it beside one of Belfast’s oldest neighbourhoods.

“The campaign for the right to light will continue.”

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Members of the Market community brought the legal challenge against Belfast City Council for giving the go-ahead to the development at Stewart Street and East Bridge Street.

The 26,000 square metre Grade A office block is expected to create 350 construction jobs and generate permanent employment for 2,500 people.

But more than 200 households in the adjoining streets objected to the plans.

Insisting it would be invasive and overshadow homes in the inner city area, they mounted a campaign under the slogan ‘Sunshine not skyscrapers’.

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One resident, Elizabeth Conlon, issued judicial review proceedings on behalf of a wider group within the Market community.

An office tower on such a scale is in stark contrast to the traditional two-storey social housing in the area and inconsistent with its sense of community spirit, according to their case.

Lawyers for the Market residents contended those who approved the construction were misinformed and failed to properly assess the impact on the area.

Further points centred on the impact and legal status following a separate case connected to the Belfast Metropolitan Area Plan (BMAP).

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Those proceedings resulted in BMAP being left in draft form and its predecessor, the Belfast Urban Area Plan (BUAP), remaining the statutory planning blueprint.

Mr Justice McCloskey held council officials failed to properly consider BUAP in reaching their decision.

Residents also succeeded on a second ground based on a Planning Appeals Commission recommendation that the site should be zoned for social housing.

The judge said that meant the decision to approve the office development was not fully informed.

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At a further hearing on Thursday it was confirmed that the planning decision was to be quashed by consent.

Mr Justice McCloskey also declared: “There will be an order for costs in favour of the applicant against the council.”

Outside court lawyer Nicholas Quinn, who represented the residents, said: “It’s possible that the developer’s application may make its way before a newly constituted planning committee in order to properly apply the judge’s findings.”

Ms Hargey stressed the residents were prepared to work with those behind the office block, but added: “They have to take into account the needs of the community.”