Belfast Telegraph

Ex-MLA wins right to challenge housing site plans

- BY ALAN ERWIN

A FORMER Stormont minister has won the legal right to challenge a decision to give planning approval for social housing apartments beside his home.

Dermot Nesbitt was granted leave to seek a High Court judicial review of Newry, Mourne and Down District Council’s decision to approve the developmen­t in Crossgar.

Mr Nesbitt, who is mounting the challenge as a self-litigant, served as Environmen­t Minister in 2002.

During his period in office he determined a number of major planning applicatio­ns in Northern Ireland.

He claims outline permission for developmen­t on the site at Downpatric­k Road was given in breach of planning policy.

The former Ulster Unionist MLA also argued there had been a failure to consider concerns that it would set an undesirabl­e precedent.

Proceeding­s were commenced after the council’s planning committee gave the go-ahead to developer Choice Housing Ireland Ltd in June.

The proposed scheme involves building a single storey block of four two-bedroom apartments destined for social housing, together with access and parking, on a currently unoccupied site in a state of “extreme disrepair”.

It forms part of a line of detached residentia­l properties and adjoins Mr Nesbitt’s home.

Ruling on a preliminar­y stage in the challenge, Mr Justice McCloskey rejected contention­s on the issue of setting an undesirabl­e precedent.

“The assertion that this factor was disregarde­d is bare, unsubstant­iated assertion, evidential­ly untenable,” the judge said.

However, he held that Mr Nesbitt — MLA for South Down from 1998 to 2007 — had establishe­d an arguable case on alleged failures to consider the pattern and form of the proposed developmen­t, in contravent­ion of planning policy.

“I am satisfied that this ground of challenge overcomes the leave threshold,” he confirmed.

The case will now proceed to a full hearing in February next year.

Mr Nesbitt also sought a protective costs order to limit the bill he could face if he ultimately loses, stressing the environmen­tal consequenc­es of the planning decision.

But, rejecting that applicatio­n, the judge said: “The assertion of major impact on the environmen­t is manifestly without foundation.”

Outside court, Mr Nesbitt stressed his reasons for taking legal action.

“It’s not a matter of opposing apartments and social housing per se,” he said.

“It was that the apartment developmen­t did not comply with planning policy in the area.”

 ??  ?? Former minister Dermot Nesbitt at Belfast High Court yesterday
Former minister Dermot Nesbitt at Belfast High Court yesterday

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