Musgrave Retail Partners (NI) Ltd’s Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 2012 |
| Neutral Citation | [2012] NIQB 109 |
| Date | 21 December 2012 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral citation No: [2012] NIQB 109 Ref: MAG8684
Judgment: approved by the Court for handing down Delivered:
21/12/2012
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Musgrave Retail Partners (NI) Ltd’s Application (Leave stage) [2012] NIQB 109
2012 No. 112330/01
IN THE MATTER OF AN APPLICATION BY MUSGRAVE RETAIL PARTNERS
NORTHERN IRELAND LIMITED FOR LEAVE TO APPLY
FOR JUDICIAL REVIEW
________
AND IN THE MATTER OF DECISIONS OF THE DEPARTMENT OF THE
ENVIRONMENT (PLANNING SERVICE) MADE ON 11 JULY 2012
________
MAGUIRE J
Introduction
[1] In this case Musgrave Retail Partners (Northern Ireland) Limited (“the
applicant”) seeks leave to apply for judicial review in respect of two grants of
planning permission to Rossdale Developments Limited (who I will refer to herein
as “the developer” or as “Rossdale”). The grants were given on 11 July 2012 and
were in respect of an –
(i) application for the construction of a supermarket on lands at 11 Lineside,
Coalisland, Co Tyrone along with car parking facilities and a new
roundabout; and
(ii) application for the demolition of existing offices at Lineside House, Lineside,
Coalisland, County Tyrone to provide car parking ancillary to the
supermarket application.
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6 cases
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McGurk's (Frank) Application
...remedy. Delay: Relevant legal principles [50] Maguire J in Musgrave Partners (Northern Ireland) Limited’s Application (Leave Stage) [2012] NIQB 109 confirmed the applicable time limit for challenge in respect of EU grounds is 3 months. All the parties agreed the application had been made wi......
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Mooreland and Owenvarragh Residents’ Association’s Application
...to contest an unwelcomed development in their locality. As Maguire J said in Re Musgrave Retail Partners (NI) Limited’s Application [2012] NIQB 109: “… there is no rule of thumb as to what constitutes a timely application ...”. [36] I consider that there was undue delay on the part of the A......
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Heffron's (Patrick) Application
...In relation to delay he referred to Re Zhanjes Application [2007] NIQB 14 and Musgrave Retail Partners (NI) Ltd’s Application [2012] NIQB 109. Mr Potter accepted that there was delay but that should not be fatal to the case because of the importance of the issues which merit adjudication, t......
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Doyle’s (Ellen) Application
...in planning cases as in Re Hills Application [2007] NICA 1, per Kerr LCJ at para 33 and, more recently, in Re Musgrave’s Application [2012] NIQB 109 at paras [14]–[15]. The rationale for this requirement is not difficult to discern since challenges to planning permissions will affect third ......
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