Magherafelt Area Plan 2015: Judicial Review (JR) to Draft Magherafelt Area Plan Strategic Environmental Assesment (SEA)
Published on Mon, 15 Oct 2007
Reserved Judgement handed down for DNAP and DMAP SEA judicial reviews
Magherafelt District Council, FP McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts and Creagh Concrete Products Ltd applied for a Judicial Review into the Draft Plan’s SEA. Leave was granted for the DMAP JR to proceed in January 2006, and this was heard before Mr Justice Weatherup on 25 and 26 January 2007.
The challenge related to the SEA’s legality under the European Directive, how it was prepared and some of its content. This JR was coupled with a similar application by Seaport Investments against the SEA that accompanied the Draft Northern Area Plan 2016. This case was heard from 28 November to 1 December 2006.
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.