THE Court of Appeal has dismissed a bid by Garvaghy Road residents to challenge the Parades Commission's decision to permit a march on the road.

Residents had argued that the Parades Commission's determination was flawed over how it considered the potential for disorder on the road. 

This ruling comes after the Secretary of State announced on Friday that he would ban the parade. Delivering the court's ruling on Monday afternoon, Lady Chief Justice Dame Siobhán Keegan said it was decided before that announcement.

The Court of Appeal found the Parades Commission dealt properly with a police assessment on the potential risk of disorder and gave adequate reasons for its decision, and said that "the application for leave to appeal has no reasonable prospect of success".

Appeal judges backed the Commission’s case that the change in stance regarding their decision to permit the parade after twenty-eight years was reflected in conditions imposed on the march, including restrictions of numbers of participants, musical accompaniments and flags.

Judges said their decision was confined to the lawfulness of the decision, and that it was not deciding whether or not the march should occur.

They dismissed the appeal to challenge the determination.

Garvaghy Road Residents' Coalition's spokesperson, Breandán Mac Cionnaith, said that the outcome was "fairly academic given the Secretary of State has already banned the march in question".

Speaking after the judgement, Sinn Féin Councillor Catherine Nelson said the central issue remains the same, that there can be no Orange march down the Garvaghy Road.

“Sinn Féin continues to stand fully with the residents of Garvaghy Road and defend their right to live in peace, free from sectarian intimidation.

"The British Secretary of State made the right decision to ban an unwanted Orange march down the Garvaghy Road.

“I commend the residents for the resilience, determination and dignity they have demonstrated over recent weeks in the face of huge provocation and intimidation.

“Sinn Féin stands firmly alongside the Garvaghy Road community. We remain committed to building a society founded on mutual respect, equality and peaceful coexistence. We will not allow progress to be undermined.

“There is no going back. Not now. Not ever."