Northern Ireland

Belfast council's failed injunction against Chinese Consulate cost £40,000

Metal fencing around the Chinese Consulate on Malone Road, south Belfast. Picture by Mal McCann
Metal fencing around the Chinese Consulate on Malone Road, south Belfast. Picture by Mal McCann Metal fencing around the Chinese Consulate on Malone Road, south Belfast. Picture by Mal McCann

BELFAST City Council's failed bid to secure a court injunction to stop the Chinese consulate building an unauthorised wall cost ratepayers almost £40,000.

The figure is nearly 10 times what the council has spent on successful injunctions against contentious loyalist bonfires.

Legal proceedings were launched after work on the perimeter wall along the leafy Malone Road continued unabated without planning permission.

Residents expressed uproar over the structure and the council raised the dispute with the British foreign office.

But the High Court in June refused to order a halt to the works after ruling that the Chinese Consul General, Madame Zhang Meifang, is protected by diplomatic immunity.

The judge also pointed out that any such order would have been unenforceable anyway.

Madam Justice McBride said: "Diplomatic immunity does not mean the person is not acting unlawfully, it just means she has immunity from the jurisdiction of this court."

She said it would be "beating the air" to grant an injunction "because the defendant has refused to accept the jurisdiction of this court".

A total of £39,552 was spent on the court proceedings, the council confirmed in a Freedom of Information response to The Irish News.

The figure comprised of £39,030 spent on legal fees and £522 on court costs.

In 2017, the council spent £4,470 on a landmark court injunction in a bid to prevent further materials being added to four Eleventh Night bonfires in east Belfast.

It also spent £4,245.50 in 2018 bringing a Stormont department to court for failing to restrict an "out of control" UVF-linked bonfire, which led to a judge ordering the department to intervene.

The consulate is based at MacNeice House, a listed building which dates from 1889.

Residents voiced anger after the consulate uprooted a hedgerow and erected an "eyesore" metal fence while constructing a more permanent wall.

They have raised concerns about its impact on the area's protected conservation status.

A new access point to the consulate along Adelaide Park has also caused disagreement, with the consulate asking residents to park their vehicles elsewhere for "security reasons".

The consulate has defended the works, saying it hopes to build a wall that both meets its security needs and respects the character of the surrounding neighbourhood.

Belfast City Council defended its spending on the unsuccessful injunction attempt.

It said the consulate is in a special conservation area and the works were in breach of planning legislation.

A spokesman said: "These works attracted a significant number of complaints from local residents and elected representatives and was the subject of sustained media attention."

The council tried to work with the consulate to resolve residents' concerns, but when the construction continued it had "no option" but to apply for an injunction.

"The issue of diplomatic immunity is a complicated area of law which meant senior counsel had to be engaged and regrettably the court did not find in the council's favour," he added.

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