RE D for JR
| Jurisdiction | Northern Ireland |
| Judge | Coghlin J |
| Judgment Date | 19 September 2002 |
| Neutral Citation | [2002] NIQB 51 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 19 September 2002 |
| Year | 2002 |
1
Neutral Citation No [2002] NIQB 51
Judgment: approved by the Court for handing down
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
IN THE MATTER OF AN APPLICATION BY D FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE CHIEF CONSTABLE OF
THE ROYAL ULSTER CONSTABULARY AND THE DEPARTMENT
FOR REGIONAL DEVELOPMENT
________
COGHLIN J
[1] The applicant in this case is a resident of Glengormley who is
compelled to use a wheelchair by reason of disability. The applicant has
initiated these judicial review proceedings to challenge a number of decisions
taken by the respondents in relation to an Orange Arch which was erected at
Antrim Road Glengormley between Farmley Road and Hightown Road on
19 June 2001.
The relevant statutory framework
[2] The relevant articles of the Roads (Northern Ireland) Order 1993 (“the
1993 Order”) provide as follows:
“73(1) Subject to paragraph (2), any person who
fixes or places any overhead beam, rail,
arch, pipe, cable, wire or other similar
apparatus over, along or across any road
shall be guilty of an offence and liable on
summary conviction to a fine not exceeding
level 2 on the standard scale.
(2) Paragraph (1) does not apply to anything
done –
(a) with consent of the Department.”
[3] Article 73(3) of the 1993 Order provides as follows:
“(3) Where –
Ref: COGC3746
Delivered: 19/09/2002
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LIDL (Northern Ireland) GmbH and Wine Inns Limited and Winemark the Wine Merchants Limited
...Road. Support for this clear community boundary was sought in 6 the first place from the judgment of Coghlin J in D’s Application [2002] NIQB 51. The case involved an application by a resident of Glengormley for judicial review of decisions of the Chief Constable and the Department for Regi......