The High Court of Justice in Northern Ireland rules that the granting of planning permission does not engage Art. 87.1 EC since there is no transfer, relinquishment or depletion of State resources (Bow Street Mall)

Hastie-Oldland, Katharine

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10 May 2006

The High Court of Justice in Northern Ireland rules that the granting of planning permission does not engage Art. 87.1 EC since there is no transfer, relinquishment or depletion of State resources (Bow Street Mall)

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Reference

High Court of Justice in Northern Ireland, Queen’s Bench Division, Bow Street Mall, R, GIRC5547, 10 May 2006

An application for judicial review challenging a planning decision made by the Department of the Environment. In relation to the State aid issues raised the Court held that the grant of planning permission did not engage article 87(1) EC since there was no transfer, relinquishment or depletion of state resources. Although there was a possibility that an agreement on the recovery by the State of costs of mitigation work could constitute state aid, the decision was flawed as based on an incorrect assumption and therefore the issue did not need to be decided. Factual background Four separate applications for judicial review were brought challenging the Department of the Environment for Northern Ireland ("the Department") decision to grant outline planning permission to Sprucefield

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Author

Katharine Hastie-Oldland
UK Competition & Markets Authority - CMA (London)

United Kingdom 5 contributions 10026 visits

Quotation

Katharine Hastie-Oldland, The High Court of Justice in Northern Ireland rules that the granting of planning permission does not engage Art. 87.1 EC since there is no transfer, relinquishment or depletion of State resources (Bow Street Mall), 10 May 2006, e-Competitions May 2006, Art. N° 27535

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