Legal Ruling Boosts John Lewis' Proposal

A Stormont Executive Minister has welcomed the dismissal of a High Court action that has been blocking investment by a major UK retailer in Co Antrim.

However, news that the long-running planning dispute over a proposed John Lewis store has been given a fillip comes at the same time as the Northern Ireland Independent Retail Trade Association (NIIRTA) revealed that it is to consider applying for a judicial review to challenge a separate plan which saw permission granted for a Tesco store in Banbridge.

The former Department of Environment (DOE) Minister Edwin Poots granted permission for the Co Down store in March after two previous applications by the supermarket giant had been rejected.

Now, NIIRTA Chief Executive Glyn Roberts said they had little choice but to warn the DOE of the threat of legal action.

"A response is awaited but if unsatisfactory NIIRTA will have to consider its legal options and this may mean the issue of judicial review proceedings," he said.

That may be a fresh headache for the current Environment Minister, Alex Attwood who received a separate boost this week and welcomed the Court of Appeal's dismissal of the Appeal against his draft policy on retail and town centres.

This decision will have a major impact on plans for a John Lewis store to be constructed near Lisburn as the legislation concerns the DOE's controversial 'Draft PPS 5' proposal.

It sets out the department's planning policy for retail and commercial leisure developments throughout NI and includes a policy on how retail development at the Sprucefield Regional Shopping Centre will be dealt with - which is where the national store is proposed to be built.


Minister Attwood welcomed the court news and said that, following the Court of Appeal's dismissal of the Appeal against the Department's draft PPS 5 Retailing, Town Centres and Commercial Leisure Developments, planning applications could be addressed.

He stated that this ruling would allow a stable retail planning policy regime to be established, which can only be of benefit to the retail sector, the public and planners alike, and will also assist in assessing major retail proposals, such as John Lewis in Sprucefield.

Alex Attwood said: "This is good news for the future of retailing in Northern Ireland. I welcome the Court of Appeal's ruling and will now study the implications of it for the future of retail planning policy.

"The way though is now clear for me to settle the future of retail planning policy for Northern Ireland. I trust this ruling will allow a stable retail planning policy regime to be established which can only be of benefit to the retail sector, the public and planners alike," he concluded on Wednesday.

Radio 'Making Waves'

The previous Environment Minister faced the ire of the legal establishment on the issue having been challenged by the judiciary last Octobr over remarks he allegedly made during a BBC Radio Ulster interview that could have seen facing contempt proceedings.

A High Court Judge even asked the Attorney General to consider remarks by [the former] Environment Minister Edwin Poots in a contentious Radio Ulster interview while associated 'live' legal proceedings were under way.

DUP Minister Poots told the Stephen Nolan show it was not only "outrageous" for the courts to allow judicial reviews to be heard when it is one commercial interest against another, but also claimed the actions of those involved in the litigation were "despicable and disgraceful" and "intolerable".

Lord Justice Girvan then ruled there was an arguable case that the Minister's remarks amounted to apparent bias and pre-determination.

A statement was then read out in court from Mr Poots, that said: "I wish to make it absolutely clear that I did not intend and do not wish to exert any undue or inappropriate influence on the outcome of either the court's proceedings in this case or the public inquiry itself.

"I am very conscious of, and I fully respect, the distinct roles of the courts, the Planning Appeals Commission and the Department in planning matters."

See: Poots 'In The Dock' Over John Lewis

(BMcC/GK)