Proposed Cork Docklands plan challenged

A High Court challenge has been brought over Cork City Council's decision to approve €6m road upgrade to help open the City's docklands for more development.

However. a group opposing the approval of the Cork City Docklands to City Centre Road Network Improvement Scheme has claimed before the High Court that the decision is flawed and is in breach of EU directives on habitats and Environmental Assessments.

The challenge has been brought by the Save Cork City Community Association CLG, which describes itself as a not-for-profit company whose aims are to protect the heritage, civic and urban fabric of Cork City.

Part of the proposed development includes the installation of a pontoon and a floating garden, as well as extensive road improvement works.

The association represented in the High Court today by Jerry Healy SC instructed by solicitor Fred Logue claims an assessment of the proposed development and an Environmental Impact Assessment carried out by the council were flawed on several grounds.

One example of this was that the council does not address how it arrived at certain conclusions as to how nearby special areas of conservation will be affected by the proposed development.

Mr Healy said the proposed works approved by the council also form part of an overall scheme called Lower Lee Flood Relief Scheme.

That controversial scheme, which is the subject of much debate is currently subject of an Environmental Impact Assessment, counsel said.

No conclusion has been reached under that EIA process, counsel said, adding that what the council have done by granting its approval for the docklands project amounts to "project splitting,".

Environmental impacts

The EU Courts of Justice have repeatedly stated that the environmental impacts of different developments projects being advanced at the same time must be considered as a whole and cumulatively, counsel said.

Counsel said that it is also part of the association's action that the council breached his client's rights of public participation and fair procedures by failing to ensure that all relevant information about the the proposed development was made available to the public.

As a result, the group has brought proceedings against Cork City Council, the Minister for Housing, Planning and Local Government, Ireland and the Attorney General.

The group seeks an order quashing Cork City Council's decision of September 9 last to approve the proposed improvement scheme.

The group also seeks declarations including that the Council decision to approve the scheme is in breach of European Directives including the Habitats Directive, and the Environmental Impact Assessment Directive.

It further seeks a declaration that the flood works proposed as part of the scheme form an integral part of the Lower Lee Drainage Scheme, and therefore constitutes project splitting.

Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Charles Meenan. The Judge made the matter returnable to a date in January.