Legal Challenges
| Applicant | Main Issues | Position |
|---|---|---|
| Mr P McGlade | That the Commission decision in appeal 2007/A1181 is incorrect. | 4 November 2009 9 December 2009 Application allowed. Commission decision quashed by agreement. |
| Mr C Loughran | That Commission decision in appeal 2007/A0433 is incorrect. | 2 October 2009 13 November 2009 |
| Mr F Rafferty | That Commission decision in Appeal 2007/A0321 is incorrect. | 24 July 2009 17 September 2009 |
| Mr P Clarke | That Commission decision in Appeal 2007/E061 is incorrect. | 01 May 2009 22 June 2009 |
| Mrs Kathleen McConalogue | That Commission decision in appeal 2007/E053 is incorrect. | 20 April 2009 Application dismissed. |
| Heron Property Ltd | That Commission decision in Appeal 2006/A1563 is incorrect. | 30 March 2009 28 September 2009 |
| Anderson Haulage Limited | That Commission decision in Appeal 2007/IP001 is incorrect. | 27 March 2009 17 November 2009 |
| Mr A Hyde | That Commission decisions in Appeals 2007/LDC002 and 2007/E035 are incorrect. | 27 March 2009 17 June 2009 |
| Thompson Recycled Oil | That Commission decision in appeal 2008/IP003 is incorrect. | 9th March 2009 2nd October 2009 Appeal to Court of Appeal |
| Mr John Boswell | That Commission decision in appeal 2006/A1986 is incorrect. | 2nd March 2009 1 December 2009 |
| KPL Contracts Limited | That decision is incorrect in law. | 14 March 2008 Application allowed Commission decision quashed by agreement. |
| Tyr-Arm Ltd | That relevant considerations not taken into account. | 7 February 2008 Application allowed. Commission decision quashed by agreement. |
| Victor Christie (Judicial Review) |
That Commission decision in appeal 2006/A0423 was incorrect. | 7 January 2008 Leave refused. |
| R. Thompson (Judicial Review) |
That the decision is unfair, illegal and irrational. ECHR rights not considered, insufficient reasons. | 03 August 2007 Application Withdrawn. |
| Francis McHenry | Challenge to the Commission's finding that there was no valid appeal. | 10 May 2007 Dismissed. |
| William Young (Judicial Review) |
Apparent bias as Commissioner had considered an earlier appeal in the case. | 30 March 2007 6 September 2007 9 November 2007 |
| Holywood Conservation Society | That policy was incorrectly applied and material issued not considered. | 6 July 2006 Application allowed, Commission decision quashed. |
| Mary O'Prey (Judicial Review) |
That decision unreasonable, ECHR rights not considered. | 9 March 2006 Leave refused. |
| William Young (Judicial Review) |
Breach of PAC procedures and unsafe and unfair recommendation. | 16 December 2005 Application allowed, Commission decision quashed by agreement. |
| B Goodman (Judicial Review) |
Effects of earthbanks, that decision was unreasonable. | 18 October 2005 Application dismissed. |
| F P McCann Limited and Maghera Prebyterian Church (Judicial Review) |
Prematurity, that decisions on 3 appeals were unreasonable. | 18 October 2005 Applications dismissed. |
| Environment and Heritage Service | In an appeal considering the revocation of a certificate of a waste carrier that the Commission should have taken account of the Carrier's "current known activities". | 31 May 2005 Declaration agreed. Commission decision not quashed. |
| Department of the Environment (NI) and the Department for Regional Development (Judicial Review). | That the Commission is precluded from considering revised Housing Growth Indicators issued by DRD at the draft Ards and Down Area Plan Public Inquiry. | 13 May 2005 Leave refused Public Inquiry not precluded from considering other housing housing demands or issues, including the revised HGIs. |
| Logan Rodgers (Judicial Review) |
The interpretation and application of policy on prematurity in paragraphs 46-48 of Planning Policy Statement 1: General Principles. The status of Park Home Caravans as a fall-back position for houses. The role of the commissioner in canvassing conditions and Article 40 agreements. |
26 January 2005 Application dismissed. |
| Department of the Environment (NI) (Judicial Review) |
That the Commission did not have jurisdiction to hear an appeal in respect of a submission notice on grounds that the development had permitted development rights. | 7 September 2004 Declaration that there is no right of an appeal to the PAC on grounds other than those specified in Article 24(2) of the 1991 Planning Order. |
| James Stewart Moore (Judicial Review) |
That there was apparent bias on the part of the appointed Commissioner through telephone contact with a Departmental witness and procedural unfairness. | 7 September 2004 Declaration that there was no procedural unfairness but there was apparent bias. In exercising discretion decision was not quashed. |
| Windsor Securities Limited (Judicial Review - High Court and Court of Appeal) |
Paragraphs 58-60 of PPS5 (incremental effects of new development and cumulative effects) limit the effect of precedent as a ground of refusal. Admissability of evidence at Judicial Review hearing. | HC 26 June 2004 CoA 9 September 2005 13 December 2005 |
| Department of the Environment (NI) (Judicial Review) |
Admissibility of evidence on planning issues in a hearing about scheduled monument consent. | 4 May 2004 Application dismissed. |
| Bridget Doherty (Judicial Review) |
Failure to give reasonable consideration to personal circumstances under Policy HOU12 of the Rural Planning Strategy and breach of the ECHR (Article 14). | 5 March 2004 Application dismissed at leave stage. |
| Patrick Green (Judicial Review) |
Failure to pay compensation arising from breach of Article 1 of the First Protocol of the ECHR. | 5 September 2003 Application dismissed. |
| Equality Commission (Patrick Cox) (Claim for Damages) |
Alleged distress, injury, etc, by reason of discrimination under the Fair Employment and Treatment (NI) Order 1998. | 21 April 2003 Claim dismissed. |
| Department of the Environment (NI) (2 cases) |
Meaning of “complement” in Planning Policy Statement 5 (PPS 5). Retailing in Town Centres – PAC interpretation flawed. |
16 July 2002 Declaration sought – not granted. |
| James Stewart (High Court and Court of Appeal) |
Reasoning for departing from retail policy in PPS 5. Fairness of informal hearing procedure and regard to rights under the European Convention on Human Rights (ECHR). Right to compensation. | 28 June 2002 31 January 2003 |
| Gilford Mill Limited (Judicial Review) |
Misinterpretation of PPS1 policy on prematurity, PPS5 retail policy regarding alternative sites, misconstruction of Category 13(a) of Schedule 2 of the Planning (Environmental Impact Assessment) Regulations (NI) 1991; and procedural unfairness in permitting appeal to proceed. | 2 April 2003 Application dismissed. |
| Department of Culture, Arts and Leisure (DCAL) | The validity of a request for a public local inquiry in respect of a fish culture licence - whether the application was for a new licence (DCAL's view) or an amended view WAC's view). | Declaration (against the WAC) that the application was for a new licence and that a public inquiry should be held. |
