Work on new south Dublin cycle way halted by High Court order
DUBLIN City Council has been ordered by the High Court to halt moves to begin work on Monday to open a new two-lane cycle way on Strand Road/Beach Road in Sandymount.
The council had opposed a stay sought on the works following a challenge brought earlier this week by a local resident and a councillor.
Mr Justice Charles Meenan ruled yesterday the risk of greater injustice lay in not granting a stay on the council’s works pending determination of the full challenge.
Peter Carvill and Dublin City councillor Mannix Flynn were given leave to challenge the council’s scheme on grounds including that the council was incorrect in asserting the work required for this is exempt development because it was a traffic-calming measure.
The judge adjourned the question of whether he should impose a stay on the work until the council had an opportunity to make its case.
On Friday the council urged him not to do so in submissions from its counsel, Stephen Dodd SC. The reasons why it should go ahead had been set out in a lengthy affidavit from the head of technical services in the council’s transportation services, Brendan O’Brien, counsel said.
Among those reasons were a delay by the applicants in bringing the proceedings even though it was publicly announced that work was to commence on February 15.
In a survey, the council said it was strongly supported by 56pc of people in the area with 23pc opposing and 17pc having concerns, counsel said.
The applicants had produced no evidence of any possible environmental damage which they claimed necessitated assessments under EU law, it was claimed.
Monday’s start date was important in terms of the imminent return of children to school in an area with four primary and seven secondary schools, and the advice that they should walk or cycle, counsel said.
A stay would also mean the council will incur financial penalties because arrangements have been put in place for Monday’s start including 25 traffic management personnel being employed to monitor the situation.
Neil Steen SC, for the applicants, rejected the council’s arguments arguing the council’s own statistics had indicated serious traffic congestion when the cycleway is up and running in normal times.
He also said the council’s claim that it was strongly supported was irrelevant because this was a legal process, not a popularity contest.
Mr Justice Meenan said there were well established legal principles in relation to a stay and the question of “greater injustice”.
The court had been satisfied the applicants had sufficient interest in the matter to bring the challenge and that there were substantial grounds for doing so.
Residents groups on Serpentine Avenue, Tritonville Road and Claremont Road all welcomed the High Court decision.
“The scheme under review would result in major changes to traffic patterns in the Sandymount and wider areas, eliminating north-bound vehicular traffic on Strand and Beach Road, leading to serious implications for residents and businesses and sports clubs in the Dublin 4 vicinity,” they said.