Storage/Distribution Centre

Storage/Distribution Centre for around 36,000 sq metres of gross floorspace on a 14 hectare site at Nutts Corner Roundabout.

Issues Encountered

• Convincing the Department and the Commission to apply greater weight to specific locational planning policies rather than to regional planning policies
• Encouraging both bodies to accept that particular planning policy (Draft PPS21) should apply to applications/appeals pre 16 March 2006, particularly as the proposal is a commercial type use.

Our Involvement

We were initially appointed by Heron Property Ltd to manage an appeal for the refusal of outline planning permission for the storage/distribution centre. The application was refused on a number of grounds and a subsequent appeal was dismissed by the PAC.

It was considered that there were a number of grounds to judicially review the appeal decision, which was pursued through the courts.

Our appointment continued through the Judicial Review and was involved in the submission of affidavits.

The decision was successfully challenged with the High Court quashing the decision on the basis that Draft PPS21 had not been considered by the Commission.

The case was referred back to the PAC with further written representations and a subsequent formal hearing took place.

At the appeal hearing, the Department withdrew all four refusal reasons, the Commission then accepted the Departments decision and allowed the appeal.