Challenge to Cork-Ringaskiddy motorway fast-tracked

By Aodhán Ó Faoláin and Ray Managh

A challenge against An Bord Pleanála’s decision to grant approval for the M28 Cork-Ringaskiddy motorway has been specially fast-tracked by the High Court.

The M28 Steering Group, an NGO representing local residents, secured permission to have the planning authority’s decision to give the proposed motorway the go-ahead judicially reviewed. The proposed development comprises of 14km of standard dual divided motorway, 1.6km of single carriageways and a service area 1.8 hectares in size.

Mr Justice David Barniville, who is the designated judge to hear challenges against decisions concerning strategic infrastructure developments, said the case was one which was suitable for inclusion in the fast track list designed to speed up hearings concerning strategic infrastructure.

The group, represented in court by Oisin Collins, instructed by solicitor Aoife O’Connell, claims the board’s decision is flawed because the application for permission was premature, incomplete and does not meet the requirements of national and European law.

It also submits that there was a failure to consider the whole project or the cumulative effects of the proposed development. In particular, the group claims that it is proposed that material is to be extracted from a disused quarry, known as Raffeen Quarry, located along the route. The group claims the quarry has become of significance ecologically and is home to an array of protected flora and fauna.

No proper assessment of the proposed roadworks on the quarry has been carried out, it claims. Counsel said it is the group’s case the material is to be extracted from the quarry to construct the roadway at a rate that is between 10 and 30 times greater than what is permitted.

In its proceedings the group seeks an order quashing the planning authority’s decision of June 29 last approving the project. It also seeks declarations including that the council failed to assess the environmental impacts of the proposal as a whole and that it failed to carry out an environmental impact assessment.

Cork County Council is a notice party to the action. The matter will return before the Court in October.