The planning application for a controversial council-backed civic centre in Newry will not be subject to a ‘call-in’ by Department for Infrastructure officials.
However, a councillor who previously described Newry Mourne and Down District Council’s management of the £20m-plus project as “one of the most peculiar processes” he has witnessed during a decade as an elected representative has predicted a judicial review of the application by opponents “is more likely than not”.
In November last year, The Irish News revealed how the local government spending watchdog had taken the “unusual” step of writing to the council’s chief executive raising concerns about the local authority’s flagship project at Abbey Way.
Colette Kane’s letter highlighted cost increases, including construction costs, and also the occupancy level of the proposed centre, along with its car parking arrangements.
The proposed civic centre has brought the council into direct conflict with the canon of Newry’s Catholic cathedral, while more than 2,500 objections were lodged against the planning application.
In her letter, Ms Kane said “minutes of council and relevant committee meetings should demonstrate that any decisions taken have been made following consideration of all appropriate information, perspectives and options”.
Ahead of the local government auditor’s letter, the Department for Infrastructure (DfI) issued a direction to Newry, Mourne and Down District Council that meant civil servants scrutinising the council’s consideration of its own planning application.
Now the department say that after “careful consideration” its officials have informed the council that its application “does not raise issues of such importance that their impact is considered to extend to a sub-regional or regional level, nor are the circumstances of the case exceptional to warrant the use of the department’s call-in”.
DfI also said that the decision not to call in the application was made “without the need to refer to” minister Liz Kimmins, a former Newry, Mourne and Down councillor.
But independent councillor Jarlath Tinnelly, who last year said the council’s management of the civic centre project was “one of the most peculiar processes I have witnessed in my ten years as a councillor”, said approval of the planning application was likely to face a legal challenge.
He said it was his understanding that the application would come back before the council’s planning committee which would signal the beginning of a “12-week window for any potential judicial review”.
“My sources tell me that a judicial review application is more likely than not at which point I would expect council to provide a barrister’s opinion on the case before council decide to bet the family farm,” he said.
“There’s an interesting few months ahead because should it subsequently go to a full hearing and the decision is overturned, my understanding is the liability lies with the individual councillors on the committee.”
