The Bankmore Street, Belfast (Abandonment) Order (Northern Ireland) 2026

The Bankmore Street, Belfast (Abandonment) Order (Northern Ireland) 2026, a Statutory Rule (S.R. 2026 No. 130) made by the Department for Infrastructure, is set to come into operation on 7 October 2026. This Order formally abandons two specific areas of former road and footway at Bankmore Street, Belfast, encompassing 509 square metres within the Charlotte Street car park. The legal instrument, enacted under the Roads (Northern Ireland) Order 1993, signifies the extinguishment of public rights of way and the cessation of departmental maintenance responsibilities over the designated land. This move is a critical step in facilitating significant urban regeneration and development projects in the Bankmore Square area of Belfast, particularly supporting a substantial office-led development.

The urban landscape of Belfast is continually evolving, driven by strategic development and regeneration initiatives. A recent, yet forward-looking, legal development in this context is The Bankmore Street, Belfast (Abandonment) Order (Northern Ireland) 2026 (S.R. 2026 No. 130). Made by the Department for Infrastructure (DfI), this Statutory Rule, effective from 7 October 2026, formalises the abandonment of specific sections of road and footway on Bankmore Street. This article delves into the legal framework underpinning such abandonment orders in Northern Ireland, examining their practical implications for property developers, landowners, and legal practitioners operating within the jurisdiction.

The power to abandon public roads and footways in Northern Ireland primarily derives from Article 68 of the Roads (Northern Ireland) Order 1993. This pivotal legislation empowers the Department for Infrastructure to make orders for the abandonment or stopping-up of any road. Upon the coming into operation of such an order, the affected road ceases to be maintainable by the Department, and crucially, any public right of way over that road is extinguished. The Department's decision to make an abandonment order is predicated on its opinion that the road is no longer necessary for road traffic, or that adequate alternative facilities are available or will be provided.

The process for securing an abandonment order, particularly when required for development, is comprehensive. Developers typically apply under Article 68, initiating a process that can extend beyond 12 months. This involves extensive consultation with various statutory agencies and interested parties, including the Police Service of Northern Ireland (PSNI), Fire Brigade, local councils, statutory undertakers, Crown Estate Commissioners, and adjacent landowners or frontagers. The Department for Infrastructure carefully considers all responses received during this consultation phase before making a final determination on whether to grant the abandonment. This rigorous process ensures that public interest and the rights of various stakeholders are duly considered before public access is formally withdrawn.

The Bankmore Street Order specifically abandons two areas of former road and footway, totalling 509 square metres, located within the car park at Charlotte Street, Belfast. This action, facilitated by Article 68 of the Roads (Northern Ireland) Order 1993, has several significant legal ramifications. Foremost, it legally extinguishes the public's right to pass and repass over these specific sections of Bankmore Street. For legal professionals, this means a clear cessation of public highway status, removing any associated public easements or prescriptive rights that may have existed.

Furthermore, the abandonment removes the Department for Infrastructure's responsibility for the maintenance of these areas. This shift in responsibility is critical for developers, as it clarifies ownership and maintenance obligations, often paving the way for the integration of the abandoned land into private development schemes. The context of the Bankmore Street Order is particularly illustrative of urban regeneration efforts in Belfast. The area around Bankmore Square is currently undergoing significant transformation, with plans for a substantial £40 million office-led development known as "One Bankmore." This project, spearheaded by Bankmore Investments (a subsidiary of Kainos), aims to create a modern business hub, complete with office space, a café, and a restaurant. The abandonment of parts of Bankmore Street is a necessary precursor to such large-scale construction, allowing for the re-planning and integration of the land into the new development footprint.

Practitioners must also be mindful of the interplay with other legislation, such as the Access to the Countryside (Northern Ireland) Order 1983, which places duties on district councils to protect public rights of way. However, the Roads (Northern Ireland) Order 1993 specifically addresses roads maintainable by a government department, making it the primary instrument for formal road abandonment. The detailed procedural requirements, including public notice and the right to object, underscore the importance of due process in these matters. Any failure to adhere to these statutory requirements could render an abandonment order vulnerable to legal challenge, highlighting the need for meticulous compliance throughout the application and approval stages.

The Bankmore Street, Belfast (Abandonment) Order (Northern Ireland) 2026 represents a routine yet significant exercise of statutory powers by the Department for Infrastructure, essential for facilitating urban development and infrastructure modernisation. For legal practitioners, understanding the intricacies of road abandonment orders under the Roads (Northern Ireland) Order 1993 is paramount. This includes appreciating the extinguishment of public rights of way, the transfer of maintenance liabilities, and the detailed procedural steps involved, particularly the consultation requirements and the grounds for objection.

Practitioners advising developers, landowners, or public bodies in Northern Ireland must conduct thorough due diligence regarding the status of roads and footways, especially in areas earmarked for regeneration. The Bankmore Street Order serves as a timely reminder of how such legislative instruments are deployed to unlock development potential, transforming urban spaces in line with strategic planning objectives. As Belfast continues its trajectory of growth and redevelopment, similar abandonment orders are likely to feature prominently, necessitating a keen awareness of their legal effect and procedural demands.