LAST UPDATE | 11 Apr 2025

DUBLIN CITY COUNCIL has won an appeal against a ruling that tried to stop the construction of a cycle lane on Sandymount’s Strand Road without planning permission.

The lane would turn the road into a one-way system and residents seeking to go into the city centre by car would have to go southwards before turning right on to the Merrion Road.

In the July 2021 judgment, Mr Justice Charles Meenan had ruled that a local resident and a local councillor had succeeded in their challenge to the cycleway.

The ruling meant that the cycleway would have to go through the planning process if it is to proceed.

Peter Carvill and councillor Mannix Flynn, in their challenge, claimed the council was incorrect in asserting the work required for this is exempt development because it was a traffic calming measure.

They also argued the council was incorrect in asserting the project did not require an environmental assessment.

Before appealing, Dublin City Council had argued that the High Court’s original decision would have implications for current and future cycleways.

The Court of Appeal found in the council’s favour today, saying the original High Court judge did not have adequate information about the local authority’s decision-making process.

It also dismissed a counter-appeal by Councillor Mannix Flynn, saying the findings of the High Court – if upheld – would have serious implications for the executive functions of Dublin City Council.

The plan for the two-way cycle lane had been published in 2020 and was originally meant to be a six-month trial to see if the amenity could become a permanent fixture.

Access to properties was to be maintained and the vast majority of informal parking along Strand Road was also to remain as it was.

The plan said that the scheme would involve “minimal civil works” and would be installed in such way as to allow for localised alterations and to minimise any alteration to existing road services or kerbs.

Protection was to be provided by bollards at first which it was said could be easily adjusted and could easily be removed. It was stated that “more permanent protection” would be installed if the trial was successful.

Dublin City Council today noted that the Court of Appeal overturned all legal issues and found in favour of the Council.

A spokesperson remarked that the Council is happy with the outcome and will now review the judgement in full before informing the public of the next steps. 

The Green Party meanwhile has welcomed the decision and described it as a “significant moment” in advancing sustainable transport and “being ambitious to tackle climate change with public spending”.

Councillor Hazel Chu, who is the Green Party’s spokesperson for Public Expenditure, said the case has had a “chilling effect on active travel and sustainable transport across the city”.

“With this judgment today, it is imperative that Dublin City Council get back on track in building a sustainable and climate resilient city,” she added.

Councillor Feljin Jose, party spokesperson for Transport, added: “We’re all frustrated with the incredibly slow progress on infrastructure projects in Ireland in recent years.

“This case challenged the very basic functions of local authorities and their powers to carry out minor works.

“If the court had not ruled in Dublin City Council’s favour, it had the potential to significantly delay and increase the costs of a lot of infrastructure projects.”