Campaigners to press on with legal challenge against Blackpool flood defence scheme

A proposal to culvert 350m of the River Bride has sparked outrage with campaigners saying it will destroy an important otter habitat

Campaigners say the proposed flood defence scheme for Blackpool will destroy an important otter habitat but the OPW insists that the scheme's design has incorporated significant environmental mitigation and enhancement measures to address environmental concerns relating to the migration of otters. 

Campaigners opposed to the culverting of a stretch of river in Cork as part of a €20m flood defence scheme are pressing ahead with a legal challenge.

The Save Our Bride Otters group said it noted the OPW Minister’s recent plea for them to consider their position in relation to the River Bride Flood Relief Scheme at Blackpool.

But campaign spokesman, Dominick Donnelly, said they are proceeding with a judicial review.

“Of that there is no doubt," he said.

“We are confident that we have substantial grounds to mount a legal challenge. We believe we have found flaws in this process and we are consulting closely with our legal teams on the legal strategy.” 

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It was announced on March 11, that Minister for Public Expenditure and Reform, Michael McGrath, had granted his consent for the scheme to proceed, triggering a 12-week period during which a judicial review of the decision-making process could be sought.

The scheme has been designed to protect 293 properties - 206 residential and 87 commercial - but a proposal to culvert 350m of the Bride just north of Blackpool has sparked outrage.

Campaigners say it will destroy an important otter habitat but the OPW insists that the scheme's design has incorporated significant environmental mitigation and enhancement measures to address environmental concerns relating to the migration of otters. 

OPW Minister Patrick O'Donovan said many potential solutions were considered during the development of the scheme, including possible upstream storage, but the scheme as proposed best meets the full range of scheme criteria and objectives.

Mr Donnelly said while they support aspects of the plan, they are completely opposed to culverting and the installation of trash screens.

He said the Arterial Drainage Act, under which the scheme has been advanced, was introduced in 1945 as a means of reclaiming marginal land for agriculture and wasn’t meant to be used to deliver flood defences.

“It’s not a proper planning process, as would normally be understood of the planning process,” he said.

The group has, in about six weeks, raised just over €13,000 of its €20,000 target to fund a legal challenge.

While a judicial review can focus on a failure to follow fair procedures, failure to consider relevant factors and failure to comply with statutory requirements, Mr Donnelly declined to say which area their legal team is focused.

“This will be a landmark legal challenge to the arterial drainage act. Our legal team has been working in the background and they are confident of being able to mount a strong legal challenge to this,” he said.

He said those involved in the campaign are very grateful for the huge support they have received so far.

“We have not reached our fundraising target yet but we are very confident that we will get there," he said.

The procurement and appointment of a contractor can’t be progressed until all legal issues are dealt with.