A residents group has lost its legal battle to stop the new 34,000 seat GAA stadium being built in west Belfast.
Mr Justice Humphreys dismissed the challenge mounted to former Infrastructure Minister Nichola Mallon’s decision to grant planning permission for the redevelopment, despite identifying a technical breach of a legal requirement to table the issue for Executive Committee consideration.
Humphreys stated that “this was not a ‘solo run’ by the Minister in that she kept her Executive colleagues informed as to her intentions, which received widespread support and alluded to regionally significant planning applications such as Casement Park.
“There is no evidence that any Minister disagreed with the decision to grant planning permission for Casement Park.”
A series of alleged flaws in the planning process for the new stadium project were also rejected. Judicial review proceedings were issued by the Mooreland and Owenvarragh Residents Association after Mrs Mallon announced her approval in July last year for a new £110m arena at the venue in Andersonstown.
Some of those living in the surrounding area object to the proposals due to concerns about the proposed height of the rebuilt Casement Park, traffic, parking and potential disturbance from concert events.
Part of the challenge centred on constitutional issues, with claims Mrs Mallon was legally required to obtained consent from the wider Stormont Executive because the issue is cross-cutting, significant and controversial.
Lawyers for MORA argued that she acted in breach of the Ministerial Code, depriving them of the protection of having the plans subject to further scrutiny.
However, the court was also told how redevelopment of Casement Park was uniquely identified in the New Deal New Approach agreement which led to the restoration of Northern Ireland’s power-sharing administration in 2020.
Based on that document, Mrs Mallon was said to have acted lawfully in how she dealt with the planning application and informed her Stormont colleagues.
Lawyers for MORA repeatedly stressed the group’s opposition is only to the scale of the new stadium planned for Casement Park.
They claimed planning procedures were “usurped” by an agreement negotiated with Ulster GAA for the redevelopment described as a “hulking mass” which would overshadow homes in the area.
It was also contended that the level of uncertainty around dealing with future events should render the contract void.
Issues were raised about a clause relating to the appointment of a stadium manager, travel plan coordinator, event safety manager, event management group and traffic management contractors.
However, Mr Justice Humphreys described all grounds of challenge relating to the planning process and compliance with environmental impact assessments as having no merit.
Despite the technical breach of the Ministerial Code, he upheld the decision to grant planning permission.
“There has already been significant delay and there is considerable public interest in this project,” the judge said.
“As a result, I propose to follow the approach in Safe Electricity and decline to grant any relief in all the circumstances prevailing in this case.”
Ciarán McCavana, county chairman of Antrim GAA (Gaelic Athletic Association), said it was a “positive day”.
“We in Antrim want to see Casement Park built so the current generation have the opportunity to play at Casement Park,” he said.
The redevelopment of Casement Park is part of a sports investment plan which began a decade ago, including upgrades to the Ulster Rugby ground at Ravenhill and Windsor Park football stadium.
