Irish Cement has launched a High Court challenge against an order allowing the compulsory purchase of its lands by the harbour at Foynes, Co Limerick.
In March, An Bord Pleanála granted Shannon Foynes Port Company a compulsory purchase order (CPO) over 37.5 hectares of Irish Cement’s property in order to expand the harbour’s facilities.
In judicial review proceedings against the planning authority, Irish Cement Ltd is seeking an order from the court setting aside the CPO. Shannon Foynes Port Company is a notice party to the proceedings.
Permission to bring the challenge was granted, on an ex parte basis, by Mr Justice Richard Humphreys at yesterday’s sitting of the High Court.
Moving the application, Denis McDonald, counsel for Irish Cement, said it is his client’s case that An Bord Pleanála did not properly assess his client’s constitutional property rights when it was making the decision to grant the port company an order allowing it to compulsorily purchase the land.
Mr McDonald said the land has been identified for storage use for two schemes which the port company has to expand Foynes harbour. Planning permission has been secured for one of the schemes, counsel said.
The judge placed a stay on the port company acting on the order until the matter has been determined.
The case will come back before the court next month.
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