Jurisdiction(s):
United Kingdom

Buick (NoArc21) [2018] NICA 26: limits on civil servants' decision-making without ministers and cross-cutting requirements for Executive approval in Northern Ireland planning and governance

Published on: 31 July 2018

Published by a LexisNexis Public Law expert

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Article summary

What is the background to the case?

The judicial review stemmed from the Department for Infrastructure’s (DfI) approval of an energy-from-waste scheme at Hightown Quarry in North Belfast. The proposal was advanced by Arc21, a consortium of NI local councils formed to deliver waste management solutions for those authorities. The approval decision was taken in September 2017 by the DfI’s Permanent Secretary, more than a decade after the project was first envisaged. As a rule, the ultimate sign-off would fall to the departmental minister. However, following the fall of the Stormont Executive in January 2017, there was no minister in post. The DfI therefore found itself in the awkward position of waiting for either the return of the Executive or the imposition of direct rule by Westminster. In September 2017—and indeed at that time—neither outcome looked remotely likely. A local opposition group, ‘NoArc21’, issued a claim for judicial review against the decision, led by its chairperson, Colin Buick. Uncommon in planning litigation, the challenge centred exclusively on a core constitutional question, namely that...

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