Court ruling on Cork flood defences not due until next summer

As another feared flooding incident didn't materialise in the city, the timeline of the court proceedings indicates it will be at least a year before defences are built

City traders could face a long wait for flood defences as court proceedings are not due to be heard until next summer. John Minihan outside his flooded chemist shop on Oliver Plunkett Street, Cork, during heavy flooding in October. Picture: Dan Linehan

A €6m scheme designed to protect vast areas of Cork city centre from tidal flooding is at least a year away.

The news comes as another feared flooding incident did not materialise in the city this morning. 

City centre traders had braced for another significant tidal flood event, just weeks after October’s flood breached quay walls on Morrison’s Island, and swamped South Mall and Oliver Plunkett Street.

The city council leafleted 500 premises this week giving advance warning, and it distributed sand and gel-bags as businesses and property owners erected their own flood defences.

But City Hall ruled out the use of temporary inflatable flood barriers on Morrison’s Island where a legal challenge has delayed a major public realm upgrade with blended flood defences, which is designed to remove an estimated 80% of the flood threat to the city centre.

“The general physical condition of the quay walls is such that significant flow of water through the open joints in the walls’ structure as well as the permeability in the ground behind the walls would allow the areas intended to be protected to become flooded,” a spokesman said.

“Secondly, the amount of drainage outlets would allow passage of flood water under the temporary defences. The Morrison’s Island scheme has planning permission and is ready to go if those who oppose it end their obstruction of the project.” 

It has now emerged that the legal challenge against An Bord Pleanála’s decision last June granting planning for the scheme will not be heard by the High Court until May 2021.

Up to four days have been set aside for the hearing, with a judgment expected about a month later.

If the legal challenge succeeds, the authorities will have to go back to the drawing board.

But even if the legal challenge fails, it will take at least 12 months for the public realm upgrade and flood defences to be built, meaning the city centre will be without flood defences for a considerable time yet.

Mr Justice Richard Humphreys granted leave in November for the legal action by Save Cork City (SCC) Community Association CLG against the Bord and the Minister for Housing, Local Government and Heritage, and the State in relation to the Morrison's Island scheme.

Flooding on the Lee, Cork, in September. Picture: Michael Mac Sweeney/Provision

SCC is also leading opposition to the OPW’s €150m overall flood defence plan for Cork — the Lower Lee flood relief scheme — the single largest investment in flood defences in the history of the state.

City councillors voted in May 2018 to approve planning for the Morrison’s Island scheme, but it was delayed following a legal challenge by SCC, which forced the council to submit a new planning application to An Bord Pleanála.

Approving the scheme last June, the Bord said it was of the view that it would deliver significant benefits, including reducing the risk of tidal flooding in the area, improving the public realm, and delivering a safe environment for pedestrians and cyclists.

SCC has argued that the scheme is part of the overall Lower Lee FRS scheme, which is subject to an Environmental Impact Assessment (EIA) which has not been completed.

SCC is concerned that part of a project for the purposes of the EIA Directive may now be given consent without the project as a whole being made subject to an EIA.

Despite the legal challenge, the city council has proceeded with detailed design works for the Morrison’s Island scheme.