M28 - Cork to Ringaskiddy [advance works pending; 2024 start]

steeler j

They probably know they won't win so they are just trying to push it back and delay it for as long as possible

AugustusMinimus

steeler j wrote: »

They probably know they won't win so they are just trying to push it back and delay it for as long as possible

Where are they getting the cash for all this. Solicitor and Barrister fees much be huge.

Cork Trucker

AugustusMinimus wrote: »

Where are they getting the cash for all this. Solicitor and Barrister fees much be huge.

No win no fee?

steeler j

AugustusMinimus wrote: »

Where are they getting the cash for all this. Solicitor and Barrister fees much be huge.

They might have deep pockets 😁

Hibernicis

AugustusMinimus wrote: »

Where are they getting the cash for all this. Solicitor and Barrister fees much be huge.

It’s a serious and ongoing concern in light of the history of vested interests meddling in the planning process through fronts. And especially in this case where the party involved does not publish any accounts or other details of it’s funding.

However the mods have made clear that this is off topic for this thread and so it is best avoided for now. No point in having this thread closed again.

danny004

Hibernicis wrote: »

In any event, given the statements previously made by the M28 Steering Group there is likely to be a lot more time wasted even if there is a decision on the 17th, either by the appeal to the Court of Appeal or the Petition to the Supreme Court. Either/both of these could take a long time.

Not having a clue about such things and Hibernicis in the know is there a situation where the steering group lose and TII are allowed to proceed would that mean that for the steering to stop them the supreme court would have to give a ruling fast. It would never happen but once the scheme is allowed whats to stop TII bulldozing through their area the next day

Hibernicis

danny004 wrote: »

Not having a clue about such things and Hibernicis in the know is there a situation where the steering group lose and TII are allowed to proceed would that mean that for the steering to stop them the supreme court would have to give a ruling fast. It would never happen but once the scheme is allowed whats to stop TII bulldozing through their area the next day

That won’t happen. The detailed design, preparation of tenders, tendering process and award of contracts all remain to be done, as well as the close out of the CPO process, before a single sod is turned. And in the normal course of events the court will allow a short stay (usually a period of weeks) on its order to allow the loosing side consider an appeal.

steeler j

Hibernicis wrote: »

That won’t happen. The detailed design, preparation of tenders, tendering process and award of contracts all remain to be done, as well as the close out of the CPO process, before a single sod is turned. And in the normal course of events the court will allow a short stay (usually a period of weeks) on its order to allow the loosing side consider an appeal.

Do u have 21 days after the ruling to appeal the decision?

Hibernicis

steeler j wrote: »

Do u have 21 days after the ruling to appeal the decision?

There are variations (expedited appeals, late notice etc) but in general the appeals process should commence within 21 days of the making of the order which is being appealed.

steeler j

Hibernicis wrote: »

There are variations (expedited appeals, late notice etc) but in general the appeals process should commence within 21 days of the making of the order which is being appealed.

Thanks, hopefully November 17 will roll on quick

Scooby Reggie do

Anyone know what work is being done next to the Shannon Park roundabout?
It is very near the proposed M28 route

marno21

Scooby Reggie do wrote: »

Anyone know what work is being done next to the Shannon Park roundabout?
It is very near the proposed M28 route

On the Carrigaline side ? Expansion of the Janesville housing development.

Scooby Reggie do

Yeah the Carrigaline side. Could that impact planning for the proposed route? Thought it was going to cut right through that area.

danny004

marno21 wrote: »

On the Carrigaline side ? Expansion of the Janesville housing development.

No ground surveys ,the council via contractor are doing them right along the route ,soil samples and checking levels etc

hans aus dtschl

There was talk of re-doing the footpaths on the Shannonpark roundabout correctly following the recent upgrade, but I heard nothing about any actual actions being undertaken. It's a bit of a dog's dinner at the moment.

danny004

hans aus dtschl wrote: »

There was talk of re-doing the footpaths on the Shannonpark roundabout correctly following the recent upgrade, but I heard nothing about any actual actions being undertaken. It's a bit of a dog's dinner at the moment.

you didn't hear about it cause that is not what they are doing

hans aus dtschl

danny004 wrote: »

you didn't hear about it cause that is not what they are doing

Are you able to share with us what they are doing?
Is it just for the M28 works? Or something else?

danny004

yeah as per my previous post ground surveys ,taking levels and soil samples with some very strange looking contraptions at times along the route and for the M28

danny004

I see the high court search page for the M28 now has tomorrow listed for ELECJT which I assume is electronic Judgement so I assume there will be some decision tomorrow as opposed to the normal for mention. More legal eagles in here will know better and might be able to give an informed comment about what way this works and how soon we could find out after the event

Hibernicis

danny004 wrote: »

I see the high court search page for the M28 now has tomorrow listed for ELECJT which I assume is electronic Judgement so I assume there will be some decision tomorrow as opposed to the normal for mention. More legal eagles in here will know better and might be able to give an informed comment about what way this works and how soon we could find out after the event

Spotted that over the weekend and assumed the same. Just checked the High Court Diary for tomorrow (17th) and the following is showing

JUDGMENTS TO BE DELIVERED ELECTRONICALLY
MR JUSTICE BARRETT
MR JUSTICE HUMPHREYS
MR JUSTICE MAC GRATH

and

MR JUSTICE MAC GRATH
2018 708 JR M28 STEERING GROUP -V- AN BORD PLEANALA

In the past the first indication of the outcome was usually either The Echo/Examiner or the Steering Group Facebook page. The High Court search page will also be updated, but in recent times these updates appear to be running 7/14 days behind. The High Court Judgment search is updated on a much more timely basis (currently the unapproved version of the Judgment is available on the day it is delivered) but I'm not sure if an application for leave to appeal will appear here.

cantalach

Hibernicis wrote: »

but I'm not sure if an application for leave to appeal will appear here.

This is the application for leave to appeal. They have already lost the case before the High Court. If they don’t get leave to appeal, they have to directly petition the Supreme Court.

Hibernicis

cantalach wrote: »

This is the application for leave to appeal. They have already lost the case before the High Court. If they don’t get leave to appeal, they have to directly petition the Supreme Court.

Not sure what your point is, perhaps you’ve misunderstood me. That “This IS the application for leave to appeal” is not in dispute, it’s a fact. My uncertainty is whether or not MAC GRATH J’s decision on the application for leave to appeal will be published on the Judgements search page of the courts.ie website. Maybe you’d re-read my previous post and let me know if you’re still confused.

cantalach

Hibernicis wrote: »

Not sure what your point is, perhaps you’ve misunderstood me. That “This IS the application for leave to appeal” is not in dispute, it’s a fact. My uncertainty is whether or not MAC GRATH J’s decision on the application for leave to appeal will be published on the Judgements search page of the courts.ie website. Maybe you’d re-read my previous post and let me know if you’re still confused.

In your last message - the one to which I replied - you wrote, “I'm not sure if an application for leave to appeal will appear here.” That’s why I said that the application had already been lodged. But I now realise that you omitted a key word and meant to say that you weren’t sure if the decision on the application would be published there. The confusion was undoubtedly mine but due to a shorthand on your part. Thanks for clarifying though.

high horse

Has a decision been made or announced yet?

mydiscworld

high horse wrote: »

Has a decision been made or announced yet?

Nothing yet
https://www.courts.ie/judgments

Cork Trucker

Will we know today?

steeler j

Something on breakingnews website about it

marno21

No appeal allowed by Justice McGrath. Is this the end of the road?

Cork Trucker

There is a god. Hopefully Harrington & Co. will take their medicine and go, but I reckon snobbery will get the better of them

kub

marno21 wrote: »

https://www.breakingnews.ie/ireland/residents-cannot-appeal-m28-cork-ringaskiddy-motorway-decision-1037892.html

No appeal allowed by Justice McGrath. Is this the end of the road?

Hopefully and at long last it is the start of the road ðŸ‘