Residents may appeal failed M28 challenge

- with reporting from Eoin English.

A group of Cork residents have not ruled out appealing the High Court’s decision to dismiss their challenge to the approval granted to a proposed motorway between Cork and Ringaskiddy.

The M28 Steering Group, an organisation representing local residents, brought judicial review proceedings seeking to quash An Bord Pleanála’s June 2018 decision to give the proposed road the go-ahead.

The proposed development, which will be carried out by Cork County Council on behalf of the National Roads Authority, comprises approximately 14km of standard dual divided motorway, 1.6km single carriageways, and a service area 1.8 hectares in size.

Mr Justice Michael MacGrath said that, despite the arguments of the group’s barrister, Oisin Collins, the court was not convinced that the project was not properly assessed by the board before it made its decision.

The judge said the group failed to discharge the onus of proof required that would allow the court to grant the reliefs it seeks, and it must, therefore, dismiss the case.

Speaking after the ruling, Gerard Harrington, spokesman for the M28 Steering Group, said the decision came as a great disappointment.

“I’m truly sorry we didn’t get it over the line but we tried,” he said.

“Our legal team has committed to review the judgement in early January 2020 and will advise as to whether or not an appeal to the Court of Appeal/Supreme Court is merited.”

The group had claimed that the board’s decision was flawed on grounds including that the application for permission to construct the road was premature, incomplete, and did not meet the requirements of both domestic and European Law.

It also argued that there was a failure by the board to consider the whole project or the cumulative effects of the proposed development.

They claimed that material to be used as part of the construction of the new road is to be extracted from a local quarry which is important 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, the group claimed.

In dismissing the action, the judge said the environmental impact statement was conducted in accordance with requirements of the relevant EU directive, and the board had not been in breach of any of its obligations under that directive.

Mr Justice MacGrath said the group had not established that the project was not properly assessed, or that the combined effects of the road and quarry were not adequately addressed and assessed by the planning authority.

The decision has been welcomed by business bodies Ibec and Cork Chamber.