Craigavon park dispute: Planning approval for campus overturned

Image source, SRC

Image caption, An image of the proposed 拢45m college at the edge of the lake
  • Author, Michael Fitzpatrick
  • Role, 大象传媒 News NI

A decision to grant planning permission for a 拢45m college at a public park in Craigavon has been overturned by the Court of Appeal.

Resident Clare McCann won her case against Armagh, Banbridge and Craigavon Borough Council on four separate grounds.

The council had granted planning for the new Southern Regional College on the edge of the south lake.

It has said it will review the judgement and consider its options.

Senior judges in the Appeal Court found the council's decision to grant planning permission was "unsustainable in law".

Two of the successful grounds related to the Craigavon Area Plan 2010, with senior judges concluding the proposed development was "significantly contrary" to the planning policy.

In their ruling, the judges said parts of their judgment indicated the "departure of the development proposal from CAP 2010, diagnosed by the court, is one of some substance".

The new college would see the merger of the Lurgan and Portadown campuses on a single site.

Opponents said the campus plan would impact the tranquillity of the area, with about 2,000 students a year in attendance.

They also said trees would have to be removed to facilitate the building work.

'Inaccurate information'

The senior judges also found the decision to grant planning permission was unsustainable in law as it breached parts of the Habitats Regulations.

They concluded that the decision was "based on the taking into account of inaccurate and incomplete information and the disregard of material relating to the presence of otters on the subject site".

The fourth successful ground of challenge related to the council failing to notify the Department for Infrastructure of the application.

The senior judges said the appellant was entitled to her costs in the case and that this would be the subject of further submissions.

In a statement on Tuesday, the council said: "Armagh City, Banbridge and Craigavon Borough Council acknowledges the ruling of the Court of Appeal today, Tuesday 25 October.

"The council will now take time to review the judgement and consider its options."