Belfast Telegraph

Friday 28 August 2015

Judge quashes plan to build secondary school

Published 01/04/2010

A High Court judge has quashed a decision granting outline planning permission for the construction of a new secondary school in Co Tyrone.

Dean Maguirc Colleage had received initial authorisation to demolish its existing premises in Carrickmore, Omagh; and build another 450-pupil facility, including pitches and car parking space.

But the decision taken by Planning Service in December 2008 was challenged by Sandale Developments on a number of grounds. These included claims that it breached European Treaty and Directive obligations which involve a prohibition on the grant of planning permission without consideration of environmental information.

Mr Justice Weatherup held that the proposed development was one likely to have significant effects on the environment.

The judge said: “Planning Service could not grant outline planning permission in the absence of environmental information. Thus the determination that the development was not EIA (Environmental Impact Assessment) development and did not require an environmental statement together with the grant of outline planning permission will be quashed.”

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