McCann's (Clare) Application
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Neutral Citation | [2022] NICA 60 |
| Date | 25 October 2022 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2022] NICA 60
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McC11969
ICOS No: 19/39137/A01
Delivered: 25/10/2022
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY CLARE McCANN
FOR JUDICIAL REVIEW
___________
Before: McCloskey LJ, Horner LJ and Colton J
___________
Representation
Appellant: Mr Paul McLaughlin KC and Mr Malachy McGowan of counsel, instructed
by Phoenix Law
Respondent: Mr William Orbinson KC and Mr Simon Turbitt, of counsel, instructed by
A&L Goodbody Solicitors
Southern Regional College (qua interested party): Mr Stewart Beattie KC (instructed by
Carson McDowell LLP)
___________
INDEX
SUBJECT PARAGRAPH No
Introduction 1
The Impugned Decision 2
The Challenge 3-4
Chronology 5
The Appellant 6
The Respondent 7
The Planning Act 8-13
The Interpretation of Planning Policies 14-18
First Ground of Appeal: Compatibility with Policy TOU1 of CAP 2010 19-60
The PUCO 1989 Issue 61-66
2
Second Ground of Appeal: Incompatibility With Policy COM1 67-68
Third Ground of Appeal: No Sequential Site Assessment 69-72
The Town Centres Plan 73-88
Fourth Ground of Appeal: Habitats Regulations and Policy NH2 89-115
Fifth Ground of Appeal: EIA Regulations Compliance 116-129
The Notification Ground of Appeal 130-136
Omnibus Conclusion 137
Order 138-139
GLOSSARY/ACRONYMS
The court is grateful to the parties for compiling a list of acronyms and
abbreviations, which is hereby reproduced in full
1. AA Appropriate Assessment (stage 2 assessment
under the Habitats Regime
2. CAP / CAP 2010 Craigavon Area Plan 2010
3. CEMP Construction Environmental Management Plan
4. DAERA Department of Agriculture, Environment and
Rural Affairs
5. DFI Department for Infrastructure
6. EIA Environmental Impact Assessment
7. ES Environmental Statement
8. FEI Further Environmental Information
9. GDPO The Planning (General Development Procedure)
(Northern Ireland) Order 2015
10. KSR Key Site Requirement
11. LC Leisure Centre
12. LDP Local Development Plan
13. NED Natural Environment Division
14. PACC Pre-Application Community Consultation
15. PCEMP Proposed Construction Environmental
Management Plan
3
16. PPS 2 Planning Policy Statement 2
17. PSRNI Planning Strategy for Rural Northern Ireland
18. RIA Retail Impact Assessment
19. SES Shared Environmental Services
20. sHRA shadow Habitats Regulations Assessment
21. SPO Senior Planning Officer
22. SPPS Strategic Planning Policy Statement for NI
23. SRC Southern Regional College
24. SSA Sequential Site Assessment
25. TCP/CTCP/CTCBRDP Craigavon Town Centres Boundaries and Retail
Designations Plan
26. TOLS Test of Likely Significance (stage 1 assessment
under the Habitats regime)
27. WYG White Young Green – the Notice Party’s planning
and environmental consultants
___________
McCloskey LJ (delivering the judgment of the court)
Introduction
[1] This is the unanimous judgment of the court, to which all members have
contributed, in this appeal in judicial review proceedings involving the three parties
identified in the title hereof. We shall describe them as, respectively:
• Clare McCann: “the appellant.”
• Armagh City, Banbridge and Craigavon Borough Council (the
Respondent): “the Council.”
• Southern Regional College (the developer): “SRC.”
By her appeal to this court the appellant challenges the judgment and consequential
order of Huddleston J dismissing her application for judicial review.
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