Belfast City Council v The Minister of Enterprise, Trade & Investment [2017] NICA 28 (18 May 2017)

Belfast City Council v The Minister of Enterprise, Trade & Investment [2017] NICA 28 (18 May 2017)

The Court of Appeal held that the High Court erred in granting remedies that went beyond the finding of ultra vires adoption of BMAP. The only appropriate remedy was a declaration that the purported adoption was unlawful; the court could not sever and validate the remainder of BMAP or engage in policy decisions not before it.

Citation
[2017] NICA 28
Parties
Appellant/notice Party: Belfast City Council; Respondent/applicant: The Minister of Enterprise, Trade & Investment
Jurisdiction
Northern Ireland
Judgment Date
18 May 2017
Procedural Posture
Judicial Review / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Ultra Vires, Judicial Review Remedies, Planning Policy, Ministerial Authority, Development Plans
Administrative Law Planning Law Public Law Ultra Vires Judicial Review Remedies Planning Policy Ministerial Authority Development Plans

Case Brief

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Parties

Belfast City Council

Appellant/notice Party

The Minister of Enterprise, Trade & Investment

Respondent/applicant

Procedural Posture

Judicial Review / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court's Remedies Order went beyond the scope of the judicial review decision
  2. 2 Whether the court could sever and strike down only part of the BMAP as unlawfully adopted
  3. 3 Whether retrospective Executive approval could validate the adoption of BMAP

Ratio Decidendi

The Court of Appeal held that the High Court erred in granting remedies that went beyond the finding of ultra vires adoption of BMAP. The only appropriate remedy was a declaration that the purported adoption was unlawful; the court could not sever and validate the remainder of BMAP or engage in policy decisions not before it.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 2, 3, and 4 of the Remedies Order deleted; only a declaration of unlawfulness of the adoption to stand.