LOCAL RESIDENTS HAVE launched a High Court challenge against An Bord Pleanala’s decision to approve planning for a new 14 km-long stretch of the M28 motorway between Cork and Ringaskiddy.
The action has been brought by a group describing itself as the M28 Steering Group who seek to judicially review the planning authority’s decision to give the proposed motorway the green light.
The proposed development comprises 14 km of standard dual carriage motorway, 1.6 km of single lane carriageways and a service area 1.8 hectares in size.
An Bord Pleanála officially greenlighted the €220 million project on behalf of Cork County Council in July
The group claims the board’s decision is flawed because the application for permission was: “premature, incomplete and does not meet the requirements of National and European Law.”
It also submits that there was a failure to consider the whole project or the cumulative effects of the proposed development. In particular they claim it is proposed that material is to be extracted from the disused Raffeen Quarry which is located along the route.
The group claims the quarry has become of significance ecologically and is home to an array of protected flora and fauna. It alleges that no proper assessment of the proposed roadworks extractions from the quarry has been carried out.
In proceedings against An Bord Pleanala the group, represented by barrister Oisin Collins, who appeared today with solicitor Aoife Clarke, seeks an order quashing the board’s decision of 29 June last approving the project.
The group also seeks various declarations including that Cork County Council, which is a notice party to the proceedings, initially failed to assess the environmental impacts of the proposal as a whole and that it failed to carry out an environmental impact assessment.
The matter was mentioned before Ms Justice Carmel Stewart at the High Court and has been adjourned until later this week.
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