THE High Court has quashed an "unlawful" decision to grant planning permission for a community greenway on the former Mackie's site in Belfast.
Belfast City Council was facing a judicial review challenge over the decision, which campaigners said sidelined housing rights.
In September 2021, councillors from the DUP, Sinn Féin and the PUP voted to allow the use of the site as part of the £5.1million Forth Meadow Greenway, a 12 kilometre route connecting parks and open spaces from North and West Belfast.
A campaigner from the Take Back the City Coalition, later granted anonymity, had taken a case against the plan, which legal representatives said breached the Council's own planning policy set out in its Belfast Urban Area Plan (BUAP).
The planning decision has now been quashed by court order, with Belfast City Council conceding that its planning decision was unlawful by reason of "misinterpretation" of the policy. BUAP zones the 25-acre Mackie's site, which is owned by Department for Communities, for economic development purposes, which would allow for the building of social homes.
Nicholas Quinn, solicitor representing the applicant, said: "The quashing of the grant of planning permission represents an important milestone in the long standing campaign to use public lands for the public good, especially in a time of significant and chronic housing stress. This case further illustrates the importance of using the Judicial Review process to scrutinise the decisions of public authorities."
Mr Quinn confirmed that the matter must go back to the planners in Belfast City Council to properly reconsider.
"The proposed Greenway on the former Mackie's site could not and should not be allowed to proceed in circumstances where families are either homeless or housed in accommodation not fit for human habitation".
Marissa McMahon from the Take Back the City Coalition said the Minister for Communities, Deirdre Hargey, and Council should guarantee social homes on the site.
"We all owe a debt of gratitude to this brave family for taking this court case and to the people of West Belfast who helped fundraise to support it," she stated.
"But let's be clear, it should never have happened in the first place. This is land controlled by the housing Minister in the area of highest housing demand in the state.
"Now we need to see action, not words, by all parties to deliver sustainable and inclusive homes on this massive site. The Take Back the City coalition have raised the funds for an urban design competition and will showcase a range of potential solutions at the Innovation Factory as part of our City of the Future events during Féile and Phobail."
A Belfast City Council spokesperson said: "The Council will reconsider the application in due course. It would be inappropriate to provide any further comment at this time."
