QUEEN'S University in Belfast failed yesterday to stop the opening of a pub in an adjoining conservation area.
An application for judicial review of planning permission granted by the Department of the Environment to Wine Inns Ltd for a pub at Elmwood Avenue was dismissed in the High Court.
Mr Justice Kerr said it was clear that the divisional planning officer, Mr George Worthington, was mindful of the claims made by local residents and professional people about the character of the neighbourhood.
"Mr Worthington's view that the area was predominantly but not exclusively commercial and institutional in character cannot be reversed by this court unless it could be shown that this view was so insupportable as to be irrational," said the judge.
"That substantial hurdle has not been scaled - much less surmounted - and the application for judicial review must therefore fail."
The Department of the Environment's lawyer applied for costs of the hearing last November when the Department was accused of "casual indifference" in granting permission for a pub in a conservation area.
Mr James McSparran QC, for the university, vigorously opposed the application for costs and the judge said that he would deal with the matter at a later date after both sides had time to consider his judgment.
