Court requires explanation about rescission of Sandymount cycle path decision
Posted on 16th June 2022 at 22:53
Questions about council’s moves in cycle path plan arise on second day of appeal hearing
The Court of Appeal (CoA) has ordered Dublin City Council to provide further information about how it adopted a plan for a controversial new two-lane cycleway at Strand Road in Sandymount.
The three-judge court also wants the council to explain how a decision it took in February 2021 in relation to the cycleway was rescinded a few days later on March 2nd. It further asks how this was never raised before the High Court when a challenge was brought against the plan.
The CoA is hearing an appeal by the council against a High Court decision rejecting the cycleway plan after a judge found it must be subject to an environmental impact assessment (EIA) and, therefore, would need to go through the planning process.
The challenge was brought by local resident Peter Carvill and local councillor Mannix Flynn against the council, Ireland, and the Attorney General.
Following the close of submissions after a two-day appeal hearing on Thursday, presiding judge Ms Justice Mary Faherty said the court required a new affidavit from Brendan O’Brien, head of the council’s technical services, environment and transportation department, in relation to each decision made about the cycleway trial plan. This was because a number of matters had arisen on the second day of the hearing.
Mr O’Brien should list dates, the people who made the decision, as well as documents and recordings of those decisions. There should also be an explanation regarding the rescinding decision and why it was not brought to the attention of the High Court, the judge said.
Cllr Flynn, who the court heard disputed some of the claims made by the council about how the cycleway decision was made, will have an opportunity to provide a replying affidavit.
The judge outlined a timetable for the affidavits and any written submissions which will have to be made to address the issues which have arisen.
She said the court did not propose to make any further comment until it has received the new affidavit evidence and submissions. She listed the case for mention at the end of next month.
The Strand Road plan will turn what is currently a two-way vehicular stretch of road along the coast into a single outbound lane with the other lane used as a two-way cycle track.
It would require the removal of a traffic island at the junction of Strand Road and Merrion Road, as well as the removal of some mini-roundabouts and the installation of bollards.
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