There were two grounds of appeal ([2(i)–(ii)]:

(1)  T hat the learned judge erred in concluding that the impugned decisions were not decisions which had to be referred to the Executive Committee pursuant to sections 20 and 28A of the Northern Ireland Act 1998. 
 
(2) That the learned judge erred in concluding that the community fund was not taken into account by the Minister.

Both grounds were successful.

On the first ground, the Court held that the question of whether a matter is significant or controversial was a matter of fact for the primary decision-maker subject to rationality review ([49]).  It held that high intensity review was appropriate on the facts of the case ([50]).  The Court concluded that it was irrational for the Minister to have concluded that the project was neither controversial nor significant  ([51]–[78]).  It also concluded that the project was more than incidentally cross cutting ([79]–[83]).  The effect was that the decisions should have been referred to the Executive Committee ([98]–[99]).

On the second ground, the Court held that the Minister did take account of the community fund, which it was common ground was immaterial in light of the judgment in R (Wright) v Resilient Energy Severndale Ltd [2019] UKSC 53 ([86]–[92]).

A remedies hearing is scheduled for the 27 June 2024.

Conor Fegan acted for the appellants at first instance and on appeal.  He was instructed by Maria O’Loan of Tughans LLP.

Gregory Jones KC also acted for the appellants in securing leave for all grounds and in the interlocutory application at first instance ([2023] NIKB 41).

A copy of the judgment can be found here.

Press coverage:  BBC, BBC Radio Ulster, Irish News, The Planner,  and Belfast Live.