Leave granted for judicial review of flaws in gold mining consultation



Andrew Ryan
Andrew Ryan

The High Court in Belfast has granted permission for a “first-of-its-kind” judicial review to examine potential flaws in a pre-application consultation carried out by a gold mining company.

The outcome of the judicial review, taking place in June, has the potential to halt plans by Canadian-based Dalradian to develop a gold mine in Tyrone.

Leave for the judicial review against Northern Ireland’s Department of Infrastructure was granted on the basis that the Department had failed to have regard to material considerations, including substantive flaws in the pre-application community consultation process, when deciding not to decline to determine the planning application pursuant to section 50 of the Planning Act (Northern Ireland) 2011.

The application for judicial review was brought forward by Greencastle, Rouskey, Gortin Concerned Community (GRG).

Their solicitor, TLT partner Andrew Ryan, said: “The planning application is one of the largest and most complex to be submitted in Northern Ireland and it is therefore critical that the pre-application community consultation requirements have been met.”

Mr Ryan added: “This is the first judicial review of its kind in Northern Ireland and it is essential that there is a thorough examination of the procedures and the work of the Department for Infrastructure in allowing Dalradian’s planning application to be accepted and processed in view of the procedural and legal issues identified by GRG and its advisers.”