Planning procedures 'usurped' for planned redevelopment of Casement Park, High Court hears
Planning procedures were “usurped” by an agreement reached for the redevelopment of Casement Park GAA stadium, the High Court has heard.
Counsel for a residents group opposed to a new 34,000 seat arena being built in west Belfast also claimed the level of uncertainty around dealing with future events should render the contract void.
A judge was told that a “hulking mass” would still overshadow homes in the area even if the venue was not in use.
Infrastructure Minister Nichola Mallon is facing a legal challenge over her decision to approve the redevelopment of Casement Park.
In July last year she gave the green light for a new £110m stadium at the venue in Andersonstown.
But some of those living in the surrounding area object to the proposals due to concerns about the height of the arena, traffic, parking and potential disturbance from concert events.
The Mooreland and Owenvarragh Residents Association (MORA) is seeking a judicial review into the lawfulness of the Minister’s decision.
Lawyers for the group have already raised constitutional issues, claiming Mrs Mallon should have obtained consent from her Stormont Executive colleagues.
On day two of the case attention turned to the terms of a Planning Agreement negotiated with Ulster GAA as part of the process.
It includes a clause relating to the appointment of a stadium manager, travel plan coordinator, event safety manager, event management group and traffic management contractors.
Ronan Lavery QC, for MORA, claimed some issues would normally be dealt with in the main application for planning permission.
“What is happening here is that a substantive decision hasn’t been made on the planning application, the whole process has been usurped by the planning agreement,” he contended. Counsel alleged that members of the public were being excluded by the private agreement.
“It’s void for uncertainty,” he continued.
“Yes, there’s a whole tool kit, there’s an event management plan, but it doesn’t say what will happen when a 34,000-seater event takes place.
“It describes it as flexibility, we say that is uncertainty.”
Questioning the assessment of cumulative traffic in the area, Mr Lavery also suggested the availability of park and ride facilities could create issues for the stadium being used to host events.
In such circumstances, he submitted: “We are still left with this hulking mass overlooking our gardens, a big white elephant of a structure which can’t be used.”
Viewed from some gardens the prospective stadium will be prominent, “undoubtedly seem overbearing” to some, and lead to a loss of sunlight, the court was told.
Referring to the Stormont Executive’s commitment to redevelop Northern Ireland’s three main football, rugby and GAA stadiums, Mr Lavery said: “It seems there is a determination to get this project over the line because it was promised.”
He reiterated: “The residents aren’t opposed to the provision of a stadium, it just has to be suitably sized if it’s going to be there.
“If it’s there one can deliver a stadium (similar to) capacities of Windsor Park and Ravenhill, which are far less than what is proposed here.”
Responding for the Minister, Paul McLaughlin QC insisted that any extra traffic congestion around Casement Park can be managed.
He set out how 240,000 golfing spectators safely attended the British Open when it was staged and “operated flawlessly” at Royal Portrush in 2019.
Mr McLaughlin added: “No doubt there will be learning as Casement Park develops, but one cannot say the planning authorities didn’t have a full assessment and didn’t know what the potential effects might be.”
The case continues