Save Cork City group lodge legal challenge against €6m road upgrade into south docklands

A local authority's decision to grant planning for a controversial €6m road upgrade into Cork's sprawling south docklands is facing a legal challenge.

The main opponents of the €150m Cork flood defence scheme, Save Cork City Community Association CLG, was granted leave by the High Court today to judicially review the decision of Cork City Council in September to proceed with the development of the docklands to city centre public realm road scheme.

It includes work on Albert Quay, Victoria Rd and the Old Blackrock Road, including contra-flow bus and cycle lanes, designed to open the south docklands for development.

Some 227 observations were made during the public consultation element of the Part 8 process and the final scheme presented to councillors included 16 modifications arising out of the feedback from the public.

City councillors voted 24-5 in September to approve planning despite claims that the planning process was flawed, and amid concerns about the inclusion of flood defence works in the scheme, and how they were advertised in the Part 8 process.

A statement issued on behalf of Save Cork City said it had been left with no option but to apply for a judicial review of the scheme.

"Save Cork City’s application for judicial review has been lodged with deep regret, particularly as they have few observations on the public realm scheme proposed," it said.

"They made their decision following careful consideration of the negative impact of the scheme on the environment and the future potential of the city of Cork.

"It is of great concern and regrettable that the scheme contains flood defences as part of the Lower Lee Flood Relief Scheme (LLFRS) and that this flood defence had been concealed from the public and city councillors and the public within a Part 8 application process.

It is regrettable that public servants have unnecessarily chosen to integrate flood defences that are already being considered within the context of the entire LLFRS.

"The decision to combine flood defence with public realm improvements and to again pursue the commencement of the LLFRS has combined the many complex issues and has seriously delayed what should be a welcome and separate public realm design."

The same group mounted a successful legal challenge against the council's proposed public realm upgrade of Morrison's Island, which includes plans to integrate flood defences into the scheme.

This evening, the group said this legal challenge is informed by documentation received through access to information requests which shows direct reference to the Morrisons Island flood defence scheme and the LLFRS within the application process for the docklands to city centre public realm design.

"The possibility that concealment of aspects of the LLFRS within the project formed part of the scheme presented to city councillors is of grave concern as it cannot represent fair process for the public within a Part 8 application and breaches public participation rights and rights to fair procedures," the statement said.