The legal challenge against the construction o the Slane bypass got underway yesterday (Thursday, 15th January) in Dublin’s High Court – but no major shocks emerged. The review is being taken by former attorney general John Rogers who lives on the route proposed by the bypass and who owns land in the area. Planning permission for the project was granted by An Coimisiún Pleanála last June but Mr Rogers applied for a legal review of the decision. The hearing is scheduled for two days and a decision may take some time to emerge.
Community groups in Slane had asked Mr Rogers not to proceed with the review, saying that the review would delay what they see as a badly-needed project involving a 3.5km road and a 258m bridge. Mr Rogers bases his case on whether the planning board has the relevant expertise to assess certain environmental submissions from Meath County Council in relation to hydrology and hydrogeology.
Mr Rogers’ lawyer Michael Cush SC told Justice David Nolan that his client was a senior counsel of long standing with extensive experience practising in this particular area and in cases requiring environmental impact assessment reports. Mr Cush said that the planning body had asked for further information from the county council on foot of a submission made by Mr Rogers’ son during the planning application process, raising concerns about the possible impact on groundwater dependent habitats, in addition to the presence of “petrifying springs with tufa formation”.
He had raised concerns about the effect of the excavation on these features which constituted a “priority 1” habitat. Evidence given in court was mainly in the form of written sworn affidavits along with legal argument and submissions by counsel on behalf of Mr Rogers.
