THE decision to refuse planning permission for a controversial incinerator in North Belfast has been quashed by a High Court judge.

A proposal for a £240m facility in Hightown was rejected last year by former Infrastructure Minister Nichola Mallon, who took into account over 5,000 objections which were submitted by the local community. 

The proposal has been dogged by planning delays since the first planning application was submitted in 2014.

It was turned down by the then Environment Minister Mark H Durkan in 2015, before Arc21, an umbrella group for Councils here, successfully appealed that decision two years later.

Arc21 and a private firm, Indaver, were seeking a judicial review of Ms Mallon's decision at a court hearing due next week.

On Wednesday the High Court heard DfI officials, in the absence of an Executive, said they would not be contesting the legal challenge.

A barrister for the Department invited the court to quash Ms Mallon's decision.

The planning refusal "was not accompanied by sufficient rational reasons," the barrister said.

Mr Justice Humphreys congratulated the parties on reaching a consensual resolution, describing it as "a difficult case with a long history".

"Clearly the next steps in the process are not for the court but for others to take," he said.

Indaver's commercial director, Jackie Keaney, welcomed the ruling as an "important step" towards ensuring the project will be considered for another planning decision.

Community group No-Arc21 was established to highlight community concerns about Arc21’s proposal to develop a waste incinerator and associated facilities in the local area. It is made up of representatives from the Mallusk, North Belfast and South Antrim area. 

Following Wednesday's ruling, the group vowed to continue their campaign opposing the "unwanted" incinerator. 

No-Arc21 Chairman Colin Buick said: "First and foremost, I want to make it very clear that No-Arc21 will continue to provide a voice for the thousands of people who oppose the arc21 incinerator plans. Our strong campaign will go on.

‘’The former Minister for Infrastructure, Nichola Mallon, took absolutely the right decision in refusing this white elephant project. Furthermore, elected representatives from across the political spectrum welcomed the decision at the time as the correct one.

‘’We have consistently highlighted the problems associated with the Arc21 incinerator, including the many environmental and financial flaws. These issues remain completely unaddressed by Arc21.

‘‘The application will now return to the Department for reconsideration and we will ensure our objection points are once again firmly made as part of the planning process.’’

SDLP Councillor Carl Whyte has said the decision is a slap in the face for local decision making.  

Councillor Whyte questioned how the decision was made, after civil servants had previously called for Ministers to return to Stormont to make difficult decisions.   

“The threat of this incinerator and the environmental, health and economic damage it would cause to the surrounding areas has hung over this community for far too long," he said.

"The people of Mallusk have made it clear they do not want this in their area and the SDLP has repeatedly listened. Then Environment Minister Mark H Durkan rejected these plans in 2015, with Infrastructure Minister Nichola Mallon rejecting planning permission last year.   

“Today’s decision will no doubt be greeted with dismay by local residents who will once again rally against it and make their feelings known. I cannot understand why this decision has been taken to reverse the decision of a Minister when we have over 5,000 objections and no Minister or Executive in place.

"People will not only be confused but concerned that a week after the Northern Ireland Civil Service correctly outlined the need for locally elected ministers to make tough decisions it now seems to be ignoring decisions and positions previously taken by ministers.  

“This situation cannot be allowed to continue indefinitely without resolution. This incinerator has been in the planning stages for years and has not been successful for a reason, it will not solve the issues it is being put forward to address and would have a catastrophic impact on the local area.

"The SDLP remains fully behind the local community and will continue to stand with them on this issue until this plan is binned permanently.”