M21 - Limerick to Rathkeale/Foynes [approved by An Bord Pleanala]

prunudo

Should be thrown out of court on the first day.

lordleitrim

I wonder how long such a High Court case can take or wait to be scheduled? Are we talking months or years?

MICKEYG

I wondered this too.

If the court case fails who picks up the costs for the delay?

Chris_5339762

I don't know the answer to this, but both appear to me to be tenuous, so will likely be thrown out, but the second one would probably be appealed to the Supreme Court, who won't be interested.

My own (PURELY my own) estimated timeline for all of this - two years.

Hibernicis

Here are details of the three Judicial Review cases relating to the M21:

2022/901 JR - https://www.csol.ie/ccms/web/high-court-search/case-details/2022/901/JR

Bryan Murphy of Clonshire Stud, Gortnagrour, Adare, a stud farm owner, represented by William Fry Solicitors

Apparent basis*: The proposed road will traverse the 90 acre stud, leading to the total destruction of the business. 

2022/903 JR - https://www.csol.ie/ccms/web/high-court-search/case-details/2022/903/JR

Paul Madden, of Blossom Hill, Rathkeale, a Dairy Farmer, represented by O’Connell & Clarke Solicitors

Apparent basis*: Impact on viability of his dairy and dry stock farming operation, seeking declaration that ABP’s decision was irrational, disproportionate and contrary to articles of the Constitution 

2022/904 JR - https://www.csol.ie/ccms/web/high-court-search/case-details/2022/904/JR

Ian Gilvarry, of Clonshirebeg, Adare, a cybersecurity professional, represented by O’Connell & Clarke Solicitors

Apparent basis*: alleges that the board acted beyond its powers by deciding on the planning application without considering the expert scientific report he submitted ahead of an oral hearing on the scheme

William Fry are obviously heavy hitters. O’Connell & Clarke Solicitors style themselves as “The Environmental & Planning Litigation Firm” (in big bold letters on their homepage) and are the firm that unsuccessfully represented Harrington’s fusiliers in their failed bid to halt the M28.

Additionally, both Madden and Gilvarry allege that there has been a failure to properly transpose into Irish law an EU directive concerning natural habitats. This is due to an alleged failure to establish the necessary conservation measures and/or conservation objectives in the Curraghcase Woods, a special area of conservation. They take issue with the board’s assessment of the development’s potential effects on wetland habitat, including the rare Desmoulin’s whorl snail.

The latter (failure to properly transpose an EU Directive into Irish Law) is a claim that O’Connell & Clarke Solicitors also threw into the mix in the M28 case. This is colloquially known as “going all the way to Europe if necessary”, and gets thrown in in the hope that it would open an additional avenue of appeal to the Court of Justice of the EU if the Judicial Review and any subsequent appeals to the Court of Appeal and the Supreme Court fail. The Superior courts, who effectively control access to the ECJ, thought otherwise in the M28 case and it went nowhere near Europe despite the bluster.  

*None of the court documentation is available online. However I have attempted to summarise the apparent basis of the cases from the following newspaper articles:

https://www.irishtimes.com/crime-law/courts/2023/01/17/court-challenges-brought-against-450m-limerick-road-project/

https://www.irishexaminer.com/news/courtandcrime/arid-41050505.html

https://www.independent.ie/irish-news/new-motorway-will-destroy-us-says-stud-farm-owner-who-sells-racehorses-to-british-royal-family-40306539.html

Hibernicis

https://www.boards.ie/discussion/comment/120122023#Comment_120122023

It's a bit like asking how long does it take to build a house. or a road. Anything is possible.

With a fair wind the JR could be complete by the end of this year or thereabouts. Or, if the proceedings are complex, the judge is busy, other intervening variables etc. etc. it could run longer. At the outside 2 years, but I'd say that that is unlikely in this case. From what (little) we know it looks straight forward enough.

After that, it could be taken to the Court of Appeal and/or the Supreme Court. Which could add a lot more to the timeline.

Hibernicis

https://www.boards.ie/discussion/comment/120122070#Comment_120122070

If you mean the increased costs resulting from construction starting in 20xx instead of 2023/2024/2025 (as a result of construction inflation) then that will be borne entirely by the exchequer/eu.

If you are talking about the legal costs, there is no definitive answer. Generally in Law, costs follow the event (in very simple terms the looser pays). However some planning related appeals fall under a provision of the Aarhus Convention which seeks to ensure that the high costs attached to legal action do not serve to prevent individuals or groups taking action where environmental issues arise. In other words the convention seeks to ensure access to justice in relation to environmental matters. What is/isn't covered by this is much debated (the Supreme Court ruled on one case relating to this only a few weeks ago, and overturned a prior ruling by the Court of Appeal, which in turn overturned the High Court decision). But is does explain this constant appearance of snails, dragonflies, rare pink flowers and what not, which get lumped into the JR cases and appeals thereby opening the gate to plaintiff not having to pay the defendant's (ABP, State etc) costs. I'd emphasise that there is no certainty, but making it "an environmental" case does open up the possibility of the person making the appeal ducking the other side's costs if they are unsuccessful.

Aontachtoir

https://www.boards.ie/discussion/comment/120122023#Comment_120122023

The M28 got planning approval from ABP in June 2018, and the judicial review process ended in March 2021. Give it the bones of three years, and be pleasantly surprised if it is shorter.

A quick reminder at this stage that engineers were first engaged to begin the design process for this road in 2014. Our planning system is utterly broken.

MICKEYG

https://www.boards.ie/discussion/comment/120123402#Comment_120123402

Agreed. Crazy that a project of this scale can be held up for so long.

I think once PP is given, any JR should be immediate. This means resources but the cost of that must be exponentially cheaper than the delays

Hibernicis

https://www.independent.ie/irish-news/news/doubts-over-whether-crucial-road-project-including-adare-bypass-will-be-ready-for-the-ryder-cup-in-2027-42294843.html

Further article in the independent

The article confirms that there are three JR cases, and that prelim work will not proceed while these are ongoing