Retail Projects

Judicial Review of Planning Permission Affecting Industrial Site, Ballymena

We were instructed to provide affidavits for a judicial review of the Department’s decision to grant planning permission for a housing development adjacent to Dale Farm Dairy in Ballymena. The Department conceded that it did not have proper regard to material considerations and agreed to the quashing of its decision. 

MBA has also been involved in many landmark planning judicial reviews in NI over the last 20 years including FA Wellworth & Co Ltd’s Application (1996), Belfast Chamber of Trade and Commerce and Others’ Application (2000), Bow Street Mall Ltd and Others’ Application (2006), Warner Chilcott UK Ltd & Caridian BCT’s Application (2011) and Newry Chamber of Commerce and Trade’s Application (2015).

Lidl v Callender Street Trustees Ltd

MBA was instructed by Lidl in this Chancery Court case involving consideration of whether Home Bargains was prohibited by a lease clause from occupying a store beside Lidl in Lisburn. MBA provided expert reports, attended meetings of experts and gave oral evidence. The Court found in favour of Lidl.

Article 27 Notice in Respect of Breakers Yard, Ballynahinch

MBA was instructed to provide expert planning evidence in a County Court case where a breakers yard operator has been served with a notice under Article 27 of the Waste and Contaminated Land (NI) Order 1997. We have also been instructed to seek Lawful Development Certificates in respect of the breakers yard use.

Breach of Contract cases

MBA has been instructed in many Commercial Court cases involving breach of contract by planning and other professionals. These have involved the preparation of expert witness reports, attendance at meetings of experts and giving oral evidence..

Mixed Retail & Business Scheme, Carnbane Way, Newry

MBA were appointed by The Hill Partnership to help defend a legal challenge by Newry Chamber of Commerce and Trade to their planning permission for a mixed use development including a foodstore, 70 business units, 14 residential units and coffee shop in Newry. MBA provided advice on retail planning policy and EIA issues. The High Court dismissed the challenge.

Warner Chilcott UK Ltd & Caridian BCT's Application for Judicial Review (2011)

In conjunction with Warner Chilcott’s legal team, we prepared a series of affidavits setting out the planning grounds of challenge to the decision of the DOE to grant permission for a slaughterhouse. The planning permission was quashed and the matter was remitted to the DOE for reconsideration. MBA prepared a detailed objection and the application was subsequently refused. We also represented Warner Chilcott as a notice party in the appeal proceedings against the Department’s decision to refuse to certify that the slaughterhouse use was lawful. The appeal was dismissed.