Mark H Durkan was 'coerced' over plan that blocked John Lewis at Sprucefield

http://www.bbc.co.uk/news/uk-northern-ireland-32922509

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Attempts were allegedly made to "coerce" the environment minister into ignoring his legal duties over a planning policy for greater Belfast, the High Court has heard.

It is alleged Mark H Durkan adopted the Belfast Metropolitan Area Plan (BMAP) without telling executive colleagues.

The decision is being challenged in judicial review proceedings by the Finance Minister Arlene Foster.

BMAP identifies planning zones for 40% of the Northern Ireland population.

Counsel for Mr Durkan claimed he was pressurised by DUP executive colleagues over the policy, that ended any prospect of a John Lewis store at Sprucefield.

'No contravention'

Rejecting claims that he breached a ministerial code by unilaterally approving the planning framework last year, Mr Durkan's barrister said he had tried to get it on the agenda at Stormont executive meetings at least six times.

The barrister said there had been an "egregious failure" by others to ensure BMAP was discussed.

"That is where the system has broken down, because it never happens," he said.

"Does the minister lose his executive power in circumstances where he has been thwarted by those who will not allow it to go on the executive agenda?

"No, he does not lose his executive power - he has discharged his obligations, there's been no contravention of the ministerial code."

BMAP covers retail, residential or commercial development not only in Belfast, but outlying areas such as Carrickfergus, Lisburn, Newtownabbey and north Down.

In January 2012, then environment minister Alex Attwood announced the retailing element of the plan.

This included a policy of restricting future development at Sprucefield to bulky goods such as furniture and electrical items, effectively blocking the John Lewis plan.

'Abdication'

During the two-day hearing the court was told the legal challenge involved a disagreement split down party-political lines.

The DUP is opposed to the restrictions adopted by the SDLP minister in BMAP.

Counsel for Mrs Foster said the plan is so controversial that it required full Stormont executive consent.

However, Mr Durkan's barrister said the minister had done everything he could.

The court heard how a regional development strategy in place up to 2035 aims to strengthen Belfast's role as a primary retail location.

Insisting executive departments are obliged to adhere to it, the barrister asked: "How would the Department of the Environment minister properly be having regard to that policy if he had acted behind closed doors to abandon the bulky goods restriction because he had been put under pressure by a political grouping or part thereof?

"That would be an abdication of his statutory responsibilities."

The barrister also told the court that the ministerial code was being used to make improper demands.

He said: "It cannot be right that the ministerial code is used to coerce the minister to disregard statutory obligations imposed on him."

"The only way in which a minister can lose power is if there's a contravention of the code.

"In this case there has been none, and he retains his executive power."

The case continues.