Court gives green light for residents to take case over Metrolink
A group of residents in Dublin have been given permission by the High Court to pursue a legal challenge which could delay the construction of the €10bn Metrolink line, writes Helen Bruce.
The procedural step comes a week after the court heard that the residents are willing to take part in mediation talks.
As previously notified to the court, the residents’ case is not opposed by Transport Infrastructure Ireland or An Coimisiún Pleanála.
Judge Emily Farrell said she was satisfied leave should be granted to the residents to bring the case. She was told only one of the initial 20 parties bringing the case had dropped out.
Stephen Dodd, the residents’ barrister, said that this was Kalamunda Co. Unlimited, the only corporate entity taking the challenge, which wished to withdraw from the proceedings.
Judge Farrell struck out Kalamunda, a holding company that owns the McCabes Pharmacy group, as an applicant in the proceedings.
The residents taking the challenge are: John Ryan and Grace Maguire; Geraldine Ann Cusack and Geraldine Cusack; Terry Reid and Denis McLoughlin; Leo Crehan and Ann Crehan; Martin Jones and Mary Jones; Elizabeth Vandenberghe; Caroline O’Connor; Niall Parsons; Kitty Wallis and Camillus Wallis; Muiris O’Dwyer and Helena Kelly; and Angela Ryan and Manuel Ryan.
It was revealed last month that a climate officer at Fáilte Ireland was among the people who launched the review, despite the tourism body praising the project’s green benefits.
Geraldine Ann Cusack, a sustainability and climate action officer, lives in Dartmouth Square in Ranelagh, Dublin close to the proposed Charlemont terminus, which she says will lower property values.
Transport Infrastructure Ireland has previously warned the review would prevent it from starting work on Metrolink.
Judge Richard Humphreys was told last week that TII had written to the objectors – most of whom live on Dartmouth Square, close to the planned terminus – to invite them to enter talks.
The judge suggested a judicial review did not automatically mean the residents had to try to overturn the planning permission for the entire project, if their objection was limited to a certain part.
Some residents bringing the challenge had previously submitted objections to An Coimisiún Pleanála, opposing the decision to locate a major interchange at the Charlemont stop.
According to the legal papers now before the court, several residents claim the board failed to carry out an adequate Environmental Impact Assessment (EIA) of the proposed works.
They alleged the EIA did not consider the impact of ground movement and vibration on protected structures, including those in the Dartmouth Square area.
They also claim Charlemont was “predetermined” as the terminus, and An Comisiúin Pleanála did not assess reasonable alternative sites.
The procedural step comes a week after the court heard that the residents are willing to take part in mediation talks.
It is alleged the planners breached fair procedures and natural justice by admitting additional information submitted by TII during the oral hearing relating to the development application.
The residents say they did not have enough time or an opportunity to respond to the material. Judge Humphreys set next March 18 for the case to be heard.
