Campaigners could take Cork flood opposition to the Supreme Court

Planning for the Morrison's Island public realm and flood defence scheme was first granted by An Bord Pleanála in 2019

Save Cork City have applied to the Supreme Court for leave to appeal an earlier High Court ruling against their challenge to the Morrison's Island flood defence project in Cork. Picture: Cork City Council.

Campaigners opposed to the state’s flood defence plans in Cork City are poised to take their legal fight against a controversial quayside project all the way to the Supreme Court.

The legal team for Save Cork City (SCC) has applied to the Supreme Court for leave to appeal following a High Court ruling against their challenge to the grant of planning for the Morrison’s Island public realm and flood defence scheme in the city centre.

The latest legal move in this long-running saga has raised fears of a further delay to the already-delayed Cork City Council project which was granted planning by An Bord Pleanála in 2019.

SCC, which is also leading opposition to the OPW's Lower Lee Flood Relief Scheme — the single largest investment in flood defences in the history of the state — sought a judicial review of the board’s decision on the Morrison's Island scheme.

However, the High Court found late last year that no basis existed to stop the scheme from proceeding. In a subsequent judgement, formalised by order last month, the High Court refused leave to appeal that judgement.

A computer-generated image of the proposed new Parnell Plaza area just off the South Mall, part of the planned Morrison's Island scheme in Cork City.

An SCC representative declined to comment or to provide specific details on the specific nature of its latest appeal. Cork City Council also declined to comment.

Following confirmation of the High Court order just over two weeks ago, the council said it was issuing pre-qualification tender documents for the project.

The council said that these documents seek to form a panel of contractors who will be invited to tender for the works later in the year.

It also said it hoped that construction of the scheme could start in the autumn. Now that date could be at risk if this latest legal move by SCC is successful, and it is granted leave to appeal by the Supreme Court.

The Morrison’s Island project has been designed to remove an estimated 80% of the flood threat to city-centre businesses. It includes flood protection measures along a 550m stretch from Parliament Bridge, past Trinity Bridge, down to Parnell Bridge, to include a raising of road levels by 600mm, a raising of quay walls by between 300-600mm, and topping them with 1.2m of steel cabling to maintain views of the river, with a 3m-wide promenade being built along the riverside.

The design provides for the creation of plazas at either side of Trinity footbridge, and at the Parnell Bridge end of the quay, and for the number of car-parking spaces on Morrison’s Quay and Fr Mathew Quay to be reduced by just over 100.

However, SCC has always opposed the inclusion of blended flood defences into the overall design.

Previously, the council has pointed out that the scheme has gone through full public consultation, a review, approval by the council and what it described as an “unequivocal” Bord Pleanála planning decision in its favour.

Separately, the OPW's €20m Blackpool flood relief scheme on the northern fringes of the city centre is to be re-evaluated after a successful legal challenge mounted by the Save Our Bride Otters group through a crowdfunded campaign.