Banbridge Newry and Mourne Area Plan 2015: Judicial Review (JR) and Strategic Environmental Assessment (SEA)
Published on Mon, 15 Oct 2007
Reserved Judgement handed down for DNAP and DMAP SEA judicial reviews
Murdoch Group Limited applied for a Judicial Review into the Draft Plan’s SEA in November 2006. The challenge related to the SEA’s legality under the European Directive, how it was prepared and some of its content.
Leave was granted for the DBNMAP JR, however, it was agreed that the hearing should be adjourned until a Reserved Judgement had been made on two similar Judicial Reviews into the SEAs which accompanied the Draft Northern Area Plan 2016 and Draft Magherafelt Area Plan 2015.
The hearing into the Northern SEA and Magherafelt SEA took place from 28 November to 1 December 2006 and 25 and 26 January 2007, respectively.
Mr Justice Weatherup’s judgement in respect of the challenges against the Strategic Environmental Assessments for both the Draft Northern and Magherafelt Area Plans was handed down in the High Court on Friday 7th September 2007 and ruled largely in favour of the applicants.
Planning Service is now carefully considering the judgement and its implications in consultation with legal advisors. A remedies hearing is scheduled to take place in November 2007.
A date for the hearing into the DBNMAP SEA has yet to be scheduled.