A council has had 17 planning approvals quashed by a judge after seeking the ruling following a legal challenge from an environmental campaigner.
Lisburn and Castlereagh City Council asked the High Court to overturn its own decisions made between August and October last year for proposed developments in the countryside.
It sought the judicial review on the grounds that it had not taken account of a Stormont department’s fresh guidance on rural planning applications.
The request followed the council receiving pre-action correspondence relating to most of the applications from campaigner Gordon Duff, who also issued his own legal proceedings.
He argued the approvals breached planning policy for countryside development across a wider range of areas that merited judicial examination.
Mr Duff contended that the council’s approach to the court was a means of shielding it from scrutiny and an attempt at “damage limitation”.
However, a barrister for the council said its course of action would be more efficient, enabling new planning decisions to be taken quickly.
He said Mr Duff’s points on planning policy would be taken into account during this process, after which he could again seek court action if still dissatisfied.
In his ruling on Friday, the judge agreed to quash 17 of the planning permissions for them to be reconsidered by the council as expeditiously as possible.
Mr Justice Scoffield said it would be unusual for the court to stand in the way of a public authority having its own decisions quashed on its own application.
He therefore dismissed Mr Duff’s applications on the basis that they were academic.
The judge postponed a decision in relation to one planning approval for the case to be considered more fully at a further hearing.
Lisburn and Castlereagh council has been approached for comment.
The planning advice note on which the council sought for the approvals to be quashed was issued by the Department for Infrastructure in August before being withdrawn in October.
The department said the guidance had created “confusion” and withdrew the note to “restore clarity” after facing criticism from some Stormont parties.
The quashed planning decisions are the latest from the council to be overturned following court proceedings.
Last year a planning approval at the centre of a watchdog probe against DUP minister Edwin Poots’ son was quashed.
Former councillor Luke Poots was chair of the planning committee when it approved the application for which his father had lobbied in favour.
Permission was granted for the two houses outside Hillsborough in 2017 despite planning officers recommending refusal.
Residents launched legal proceedings and the approval was overturned last June after the council eventually conceded.
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