Legal challenge lodged to Cork city flood project

The move will delay delivery of the Blackpool flood relief scheme by up to a year

The Bride River at Orchard Court, Blackpool, Cork is set to be covered in concrete as part of the flood protection measures for Blackpool, Cork. 

Campaigners opposed to a controversial flood defence project in Cork city have lodged a legal challenge before today’s deadline.

The move, confirmed by the Save Our Bride Otters (SOBO) group, will delay delivery of the Blackpool flood relief scheme by up to a year.

SOBO confirmed that it is seeking leave for a judicial review of the decision by Minister for Public Expenditure and Reform, Michael McGrath, in March, to consent to the scheme proceeding.

That decision triggered a 12-week window for a legal challenge.

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SOBO, which has been fundraising for some time, said that solicitors acting on its behalf lodged a request with the High Court earlier this week seeking leave for a review of the minister's decision to grant the Office of Public Works (OPW) permission to proceed with the scheme.

The group said a leave hearing, to establish if the judicial review has merit, is scheduled for June 23.

SOBO said they and their lawyers expect this hearing to be a formality, and that the judicial review will be granted leave.

Range of issues

They said the judicial review is based on “multiple and substantial legal grounds” which are based on a wide range of issues, including the “inadequacies of the Arterial Drainage Act on which the decision is based”, alleged failures by the OPW to consult properly and alleged failure to safeguard existing habitats for a variety of species, including otters, as required by a variety of EU directives.

Chris Moody on one of his walks up the Bride river.

SOBO spokesman Chris Moody said the approach taken by the OPW towards the Blackpool flood relief scheme has been "flawed from the start".

“We have no choice but to challenge this decision by way of judicial review,” he said.

“This scheme is unnecessarily expensive, extremely destructive, and attempts to steamroll over a number of protections enshrined in both EU and national law.

“We are extremely grateful to all who have helped us to get this far by supporting our fundraising campaign, which has enabled us to seek to lodge this very substantial judicial review.

“We will be continuing to fundraise for the coming nine to 12 months until the case gets to full hearing.” 

The Blackpool scheme has been designed to provide flood protection to around 293 properties - 206 residential and 87 commercial.

SOBO has criticised the decision to culvert a 350-metre stretch of the river Bride but the OPW insists that the scheme as proposed represents the best possible engineering and environmental approach.