After a decade-long legal challenge, a High Court judge has given the go ahead for work to begin on a controversial £100 million golf course development .
After a decade-long legal challenge, a High Court judge has given the go ahead for work to begin on a controversial £100 million golf course development.
On Wednesday, Mr Justice Weatherup dismissed a legal challenge lodged by the National Trust over a decade ago and endorsed the initial planning application for the development near the north coast’s Giant’s Causeway, reports UTV Media.
The Trust had attempted to block planning approval Environment Minister Alex Attwood, stating he had acted unreasonably and irrationally.
The legal bid was based on the argument that a body responsible for granting World Heritage Site status, UNESCO, was not properly consulted on the project.
The planned 365-acre development at Runkerry, to be known as Bushmills Dunes Golf Resort and Spa, received the green light in February last year.
Along with a championship links golf course, the blueprint includes a five-star 120-bedroom hotel and 75 villas.
The charity argued a UNESCO recommendation stated there should be a buffer zone to protect the special landscape surrounding the Causeway.
But Mr Justice Weatherup backed a counter submission by the Department of the Environment that World Heritage convention guidelines have no standing in UK law.
He said: "The court must step away from seeking to implement, directly or indirectly, what obligations there may or may not be under the convention.
"I must not grant to citizens of the state a right that only exists in international law, if it exists at all."
Developers claim the proposed Bushmills resort would create around 360 jobs and a further 300 through suppliers and construction.
The investment and advisory team, led by US-based Northern Ireland man Dr Alistair Hanna, have predicted the course and hotel could be ready by 2015.
During the course of a one hour 40-minute judgment, the judge threw out arguments on the potential impact on the environment, wildlife and plant species.
Claims that the Department failed to carry out a proper inquiry into the economic impact of the scheme were also rejected.
"I propose to dismiss the application," the judge confirmed.
However, he added: "I think that there are a multitude of reasons why the National Trust was warranted in bringing this application and I'm minded not to make any order for costs."
The conservation charity said that it was bitterly disappointed by the ruling, adding it remained convinced a massive development in the setting of the World Heritage Site was wrong.
A statement read: "We still believe that if a development of this scale does go ahead in this location, the message is that nowhere in Northern Ireland, no matter how important or protected, is safe from development.
"The ruling today has served to highlight aspects of very serious concern for those partners involved in the care and protection of the World Heritage Site.
"It is essential that we work together to get planning policy right in Northern Ireland to ensure that appropriate development can happen, but not at the expense of our beautiful landscapes and historic places," the statement continued.
"There are also significant issues regarding the relationship between government in Northern Ireland, Great Britain and UNESCO that must be addressed to ensure the protection of our World Heritage Site for the long term."
But Environment Minister Alex Attwood welcomed the high court judgement and said: "I am extremely grateful to the Court for the speedy delivery of its judgement and for its deliberations on each of the issues raised.
"The proposed development which is designed to be a world class golf resort will be major boost to the local economy and to Northern Ireland's tourism offering.
Friends of the Earth said it was now clear that nowhere in Northern Ireland is special or safe.
The charity's Northern Ireland director James Orr added: "This judgment confirms that the Northern Ireland planning and environmental regulatory systems fail our priceless heritage and the people of Northern Ireland.
"The High Court made clear that it did not have any grounds under Northern Ireland or UK law to intervene against the Department on this matter.
"The ruling today also shows that UK law is unable to protect our precious World Heritage Sites."
Developers say they are looking forward to starting work as soon as possible.



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