The Northern Ireland Court of Appeal will hear next week what might be the final episode of the saga of the North's longest and most costly planning dispute over the proposed £80 million sterling D5 shopping centre and retail and leisure park east of Belfast.
The original application for the development, on a 55-acre site at Sydenham beside the City Airport, was lodged in November 1995.
Planning delays in the North have meant that the run-in period to schemes like D5, the extension of the Sprucefield Centre outside Lisburn and the new retail park in Newtownabbey have been running at between four and five years.
Concerted opposition by Belfast chamber of trade and the small retailers have led to repeated legal challenges even though the developers received full planning permission in early 1997.
The Northern Ireland Independent Retail Trade Association (NIIRTA) - the North's equivalent of RGDATA - is also now pressing, through the Northern Ireland Assembly, for a ban on large-scale, out-of-town development along the lines laid down by the Republic's Minister for the Environment and Local Government, Mr Dempsey.
Mr Roger Duckworth, of Anglia & General Developments, which is joint developer with the Guardian Royal Insurance subsidiary, Aquis Estates, has described the planning and legal problems as "something of a saga". Anglia & General was the only developer to bring major British retailers to Belfast in the 1980s, contributing significantly to the regeneration of the city centre.
The Court of Appeal hearing is due to start on January 29th and is expected to last five days. The appeals by the developers and by Belfast Harbour Commissioners, which owns the land, follow the September 1st 2000 decision by the High Court to overturn planning approval for the development.
The proposed scheme consists of a 65,000 sq ft Sainsbury's food store, a 100,000 sq ft B & Q warehouse and a 150,000 sq ft retail warehouse terrace comprising nine retail warehouses of a minimum of 10,000 sq ft. A 150,000 sq ft family entertainment leisure centre with restaurants is also proposed.
The Independent Planning Commissioner, who sat at the inquiry, the Planning Appeals Commission, the Planning Service and two Northern Ireland Office ministers have all recommended approval be given to the scheme. An environmental impact assessment was carried out in 1996.
Following the first judicial challenge in July 1999, the planning application was sent back to the Planning Service and the
Minister for reconsideration. On March 21st, 2000 the NIO Minister, Mr George Howarth, concluded, following a detailed reassessment, that planning consent should be reinstated.
Following the second judicial review, it was accepted that the retail warehousing and leisure elements are acceptable. The only part of the scheme now in dispute is the Sainsbury foodstore.
Mr Billy Pinkerton, representing the developers, said: "Over the last 10 years retail expenditure has increased in Northern Ireland at an average rate of 3 per cent per annum compound. Prime retail rents in the centre of Belfast have increased four fold - 400 per cent - over the last 15 years, one of the highest increases in the whole of the UK."
He pointed out that there is still considerable unsatisfied retail demand from National and International Retailers for representation in Northern Ireland.
