Allister (James Hugh) and Robert Edwin Agnew's Application v Causeway Coast and Glens Borough Council
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Neutral Citation | [2019] NIQB 79 |
| Date | 13 September 2019 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2019] NIQB 79
Judgment: approved by the Court for handing
down(subject to editorial corrections)*
Ref: McC10807
Delivered: 09/08/2019 [and
13/09/19]
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_______
IN THE MATTER OF AN APPLICATION BY JAMES HUGH ALLISTER AND
ROBERT EDWIN AGNEW FOR JUDICIAL REVIEW
-v-
CAUSEWAY COAST AND GLENS BOROUGH COUNCIL
________
INDEX
Page No
Glossary 2 - 3
The Protagonists 4 – 5
Preamble 5 – 7
Chapter No Paragraph No
1. Introduction 1 – 3
2. Additional Parties 4 - 7
3. Chronology 8
4. The Proposed Development 9 - 16
5. Two Contextual Features of Note 17 - 18
6. The Applicants’ Grounds Summarised 19 – 20
7. Councillor McShane 21 – 26
8. The Council’s CEO 27 - 37
9. The Council’s Director of Leisure and Development 38 - 41
10. One of the Council’s Solicitors 42
11. The Independent Valuers 43 - 47
12. The Developer 48 - 52
13. Governing Principles 53 - 58
2
14. Procedural Unfairness/Article 41 CFR 59 – 83
15. The Planning Committee’s Protocol Ground 84 - 95
16. Breach of the 2015 Directions Ground 96 – 110
17. Fourth ground: breach of Policy AMP3 111 – 128
18. The Policy TSM3/TSM4 Ground 129 - 153
19. Sixth Ground: Breach of Policy TSM3 154 - 172
20. The Improper Motive Ground 173 - 189
21. Final Ground: Unlawful EIA Screening Decision 190 - 211
22. The Interested Parties 212 - 223
23. Summary of Conclusions 224 - 225
Appendix 1: Ruling and Order of 10 December 2018
Appendix 2: Ruling and Order of 13 June 2019
GLOSSARY
CCGBC: Causeway Coast and Glens Borough Council
DAERA: Department of Agriculture, Environment and Rural Affairs
DETEIA: Pre-planning application EIA screening request
DfI: Department for Infrastructure
DLD: The Council’s Director of Leisure and Development
DSD: Department for Social Development
EIA: Environmental Impact Assessment
FOI: Freedom of information
ICO: Information Commissioner’s Office
The Motor Club: The Coleraine & District Motor Club
NAP: Northern Area Plan
NIEA: Northern Ireland Environment Agency
NIAO: Northern Ireland Audit Office
PAD: Pre-Application Discussion
PAN: Pre – planning application Notice
PC: The Council’s Planning Committee
PCR: Planning Committee Report
3
PPS: Planning Policy Statement
SIB: Strategic Investment Board
SPPS: Strategic Planning Policy Statement
The Protagonists
James Hugh Allister First-named Applicant
Robert Edwin Agnew Second-named Applicant
Shane Mathers Principal Planning Officer, CCGBC
Denise Dickson Head of Planning, CCGBC
David Jackson Chief Executive, CCGBC
Ben Wilson Architect for the Developer
Eimear Murphy Planning Consultant for the Applicants
Heidi Clarke Planning Officer, CCGBC
Peter May Permanent Secretary DfI
Michael Wilson Planning Officer, CCGBC
Vivienne and Colin Gilholm Directors of C & V Developments Limited
Michael Williamson Accountant with ASM Chartered Accountants
(who were commissioned by DSD to carry out
Hotel Scoping Study for Portrush)
Timothy Ferguson Developer’s Planning Consultant
Mervyn White Representative of NW200 Organisation
Mark Donnelly Don Hotels Limited
Padraig McShane Former Councillor, CCGBC
Jonathan Gray Projects Director for SIB Ltd
Richard Baker Director of Leisure and Development, CCGBC
Philip Tweedie Director of Philip Tweedie Limited
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3 cases
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Tesco Stores Limited's Application
...jurisdiction which similarly summarise or expound the relevant legal principles in para [56] of his judgment in Re Allister’s Application [2019] NIQB 79, one of the most useful and enduring remaining that of Girvan J in Re Bow Street Mall’s Application [2006] NIQB 28, at para [43]. As to th......
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ABO Wind's Application (NI) Limited
...of what is said against them: see, for instance, the discussion of this issue by McCloskey LJ in Re Allister and Another’s Application [2019] NIQB 79 at para [77]. In Re Stewart’s Application [2003] NICA 4, in which the Court of Appeal was expressly dealing with the fairness of informal app......
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David Burns and Gordon Duff's Applications (Leave stage) and in the matter of various decisions of Lisburn and Castlereagh City Council to grant planning permission in the Countryside
...conduct across a wide range of cases (see, by way of example, the observations of McCloskey LJ in Re Allister and Agnew’s Application [2019] NIQB 79, at para [53]). I am not at all attracted to Mr Duff’s suggestion that some or all of his cases should be permitted to proceed with an order m......