A CHALLENGE against the redevelopment of Casement Park has faced renewed delay due to court timetabling issues.
Mooreland and Owenvarragh Residents’ Association (MORA) has taken a judicial review against a Department for Infrastructure decision, taken in July, to approve the GAA's proposal for a new 34,578 capacity stadium at the Andersonstown venue.
An initial hearing took place at the High Court last Wednesday. Two further hearings will not take place until April 26 and 27.
High Court judge Mr Justice Humphreys has previously said there would be no delay in hearing and issuing a verdict in the case, stating that a decision would be issued after Easter. It is now expected that a decision could be made as late as June. However, sources suggest a decision could be reached in May.
Last week's hearing experienced a short recess to facilitate discussions with the Attorney General's Office. The Attorney General has since come on board as a notice party, and can make submissions ahead of next month's hearings.
At the High Court, solicitors representing MORA argued that residents have been denied the legal “protection” of plans being referred to the full Stormont Executive.
The legal team claims that Infrastructure Minister Nichola Mallon acted unlawfully, breaching Ministerial Code, by granting planning permission for the redevelopment without consent from Executive colleagues.
Ronan Lavery QC claimed: “It would be surprising, or indeed very disappointing, if the sacrifices that the residents were being forced to make because of this project were not something that would have been of concern to people around the Executive table.”
He said there was "no evidence that the Minister kept Executive colleagues informed of the proposed development of Casement Park".
Mr Lavery argued that a failure to comply with Ministerial Code had removed "an extra level of protection" that residents "have not had the benefit of".
Legal representatives for the Minster contend that the Executive Committee (Functions) Act, passed in 2020, provided Ministers with more powers to take decisions without the need to consult Stormont colleagues.
Paul McLaughlin QC said the Act removed any requirement for Ministers to secure wider consent, and that the Infrastructure Minister "acted lawfully".
“The Minister in this case exercised the power that the Assembly conferred upon her by making a planning decision without recourse to the Executive,” he said.
“She is not required to await amendment of the Code.”
