Sam Foster Outlines His Response To Judicial Decision On D5
Published on Tue, 16 Oct 2001
Sam Foster, Minister of the Environment, today outlined the DOE's response to the judicial decision made in September regarding retail development at D5.
In responding to an Assembly question from Mr Sammy Wilson MLA, Mr Foster said: "My Department will not be appealing the recent judicial decision to quash planning permission for D5.
"However, we will be appealing the Court's interpretation of the 'Complements Test.' The Complements Test is used by the Department in assessing major retail proposals for out of centre locations."
Notes to Editors
D5 is a development area within the Belfast Harbour Estate.
Aquis Estates Ltd, Anglia & General Developments Ltd and Belfast Harbour Commissioners are seeking planning permission to develop the site for retail warehousing, a retail food store, leisure buildings and a petrol filling station.
Minister George Howarth, the then Minister of the Environment, granted planning permission for development purposes at D5 on 21 March 2000.
This decision was quashed by judicial review on 1 September 2000 on the Department's interpretation and application of the 'Complements Test' and its assessment of the likely impact of the superstore element of the D5 proposal on other centres.
The DOE is not appealing the decision to quash planning permission for D5 but is appealing the 'Complements Test' ruling.
The D5 applicants are appealing the September judicial decision on both grounds.
The D5 planning decision remains live pending the outcome of the current Appeals.