Jim Allister: Hotel approval near MLA's home 'unfair'

Jim Allister said he greatly welcomed the court's decision and would consider his next steps

A judge has ruled there was unfairness in granting permission for a £20m hotel near Jim Allister's home after the TUV leader took his local council to court.

Mr Allister and one of his neighbours began a private legal challenge after the Causeway Coast and Glens Borough Council approved the development plan.

The proposed hotel and spa complex on the Ballyreagh Road, near Portstewart, was granted permission in March 2018.

Mr Allister successfully argued there were breaches in the planning process.

'100 full-time jobs'

The judge said: "Mr Allister was not afforded a fair and reasonable opportunity to make comprehensive, informed representations to either the planning committee or the other statutory agency endowed with relevant legal powers, namely the Department for Infrastructure."

Earlier in the High Court case, it was claimed that the proposed hotel and leisure resort could create almost 100 full-time jobs.

Plans for the £20m development also included a restaurant, conference and banqueting facilities, holiday cottages and visitor attraction centre for the North West 200 motorbike races.

The court also heard financial projections suggesting that customers of the facility could spend up to £6m per year in the local economy.

Mr Allister mounted a wide-ranging challenge to the council's decision to grant planning permission.

His legal team argued that the hotel development was seen as key for the borough and three was a bias towards securing planning approval at all costs.

'No misgivings'

His lawyers also claimed the council had used the wrong criteria to assess the application and should have considered it under a policy for a larger-scale tourism attraction.

They argued there were flaws in the environmental screening process for the proposed coastal location.

Some of Mr Allister's complaints against the council were rejected.

The judge said: "I am left with no misgivings about the purity of the conduct and motives of the planning officials and the planning committee members."

But he ruled in the TUV leader's favour in four areas.

"The applicants' legal challenge succeeds on the grounds of procedural unfairness, breach of the Planning Committee's Protocol, error of law in respect of Policy CMP3 and breach of the Environmental Impact Assessment Regulations," the judge said.

In a statement after the hearing, Mr Allister said: "I greatly welcome the decision of the court, after careful scrutiny, of the challenge I brought as a private citizen against a planning decision by Causeway Coast and Glens Borough Council. 

"I will now consider, with my legal advisers, the next steps to be taken in this matter."