PLANNERS were accused of indifference in a Belfast court yesterday for granting permission for a public house within the Queen's University conservation area.
Mr James McSparran QC for the university told the High Court in Belfast that important and crucial planning considerations were either completely or substantially ignored when permission was granted for licensed premises at 2/4 Elmwood Avenue. He said it amounted to "casual indifference" in an area where guidelines had been laid down in the 1987 conservation plan to protect and enhance the character of the area and the existing buildings.
The university has applied for a judicial review of the decision by the Department of the Environment to grant planning permission to Wine Inns Ltd.
In court papers the university accused the Department of the Environment of "demonstrating an improper and unfair desire to facilitate the application," and asked for an order compelling the Department to reconsider the application in a proper and lawful manner.
Mr McSparran said a serious car parking problem was identified as far back as 1987 when the conservation plan was drawn up. "That can only be exacerbated by cars going to and from the proposed development and by heavy lorries making deliveries," he said.
While provision had been made for sound proofing the premises, that was only half the problem. He said the noise made by people going to and from the premises, especially at night, would create a nuisance for students living in Elmwood Mews. "The remarkable thing is that there is not one iota of evidence to suggest that anyone carried out an inspection to see what degree of interference might be caused to the students," Mr McSparran said.
He said the planners had accepted a proposal which involved supplying the premises from Elmwood Mews without any inquiry as to how it would be done, how many lorries per day and what frequency. Wine Inns Ltd was legally represented at the hearing which was adjourned until today. The application is being heard by Mr Justice Kerr and is expected to last several days.