Blackburn’s (Louisa) Application (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 2010 |
| Neutral Citation | [2010] NIQB 71 |
| Year | 2010 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 17 May 2010 |
1
Neutral Citation No. [2010] NIQB 71
Ref:
TRE7852
Judgment: approved by the Court for handing down
Delivered:
17/05/2010
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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Blackburn’s (Louisa) Application (Leave Stage) [2010] NIQB 71
AN APPLICATION BY LOUISA BLACKBURN
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION
BY THE MINISTER FOR SOCIAL DEVELOPMENT
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TREACY J
Introduction
[1] The applicant initially sought leave to apply for judicial review of a decision
of the Minister for Social Development “made on or about 30 December 2009
whereby she approved a redevelopment scheme for the village area of Belfast”.
[2] This application was based on a misapprehension since no such decision was
made. The Minister did however decide on 22 December 2009 (following a Public
Inquiry) to accept the Inspector’s Report into the vesting of properties in the Village
area. In accordance with that decision she made a vesting order on 9 February 2010.
[3] In October 2009 a public inquiry was held to consider objections to the
proposed vesting order under para 3(1)(b) of Schedule 6 to the Local Government
Act (NI) 1972. The Schedule 6 procedure is the applicable procedure for a vesting
order under Art 87 of the Housing (NI) Order 1981. Following the public inquiry the
Minister decided to accept the Inspector’s report and by decision made on or about
22 December 2009 and publicised on 30 December 2009 she approved the making of
the vesting order for the village area of Belfast including the applicant’s home.
[4] This vesting was a component of a general plan for works to be carried out in
the village area which was approved by the Minister, after consideration of options
put forward in an economic assessment on 21 April 2008.
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