AQW 5505/17-22

Ms Paula Bradshaw
Alliance Party
South Belfast

Tabled Date: 06/07/2020
Answered On Date: 16/07/2020
Priority Written: Yes

Question:
To ask the Minister for Infrastructure for an update on the action her Department and its agencies are taking to prevent destruction of the pavement on Malone Road by the Consulate of the People’s Republic of China during the construction works at the site.

Answer:

You may be aware that Belfast City Council issued proceedings in the High Court in Belfast against the Consulate General of the People’s Republic of China, Belfast seeking an injunction to restrain her, her servants or agents, from carrying out the development works at the Chinese Consulate premises at 75-77 Malone Road.

Following hearings on 16 and 23 June 2020, the presiding judge concluded that the works being carried out at the Chinese Consulate are for security purposes and are therefore consular functions for which there is diplomatic immunity. The council's application was therefore dismissed.

Separate to the planning process, local Departmental officials have granted Consent, under Article 72 of the Roads (NI) Order 1993, for the erection of the temporary hoarding at the site. This was granted without prejudice to any permanent development works ongoing behind the hoarding. Its purpose is to confirm the applicant’s responsibilities for health and safety, road safety, signing and guarding of the works. The Article 72 consent requires the person to whom it is issued to indemnify my Department against any claim in respect of injury, damage or loss arising out of the erection or presence of that hoarding on a road.

I am advised that Agents for the Consulate General have confirmed that reinstatement of the pavement will be carried out in accordance with all relevant construction standards following completion of the development works. Once the hoarding is removed, Departmental officials will inspect the pavement to confirm that the footway has been restored to a satisfactory condition.