M21 - Limerick to Rathkeale/Foynes [advance works to commence shortly]

I don't think there's any realistic way this road will be built by the time of the Ryder Cup. Even if ABP approved it, the inevitable judicial reviews will last for years.

Compare the timescale to the M28 - submitted to ABP in May 2017, approved in July 2018, and the (vexatious) judicial reviews only ended two months ago. Construction on the M28 won't start until 2024 (6 years after ABP approval) because of all the delays. It won't be open until 2027 (9 years after ABP approval).

The M21 hasn't even gotten to the judicial review stage, and there's less than five years to the Adare Ryder Cup. It's not looking particularly likely to be open by then.

To take a JR, do you already have to have raised objections earlier in the project, like with standard planning permission only those who made a submission during the relevant period can appeal to ABP? Can someone come from nowhere later to take a JR? If not, it would seem unlikely here as there is no organised group of objectors

Also, in terms of the Ryder Cup, all that needs to be completed is the Adare Bypass element, not the entire way to Foynes. Even Adare Bypass as far as the Croagh junction and then back to existing N21 would do. That much could be frontloaded and be done in less than 18 months. I'm sure that much will be comfortably done before the Ryder Cup, even if works are still ongoing on the spur to Foynes.

Are you sure that "anyone anywhere" can seek a JR or just those who participated in the process already?

You need to have submitted an observation / objection on the planning application in order to take a judicial review. You have 8 weeks from the planning decision to submit the necessary documents with the High Court. There is no restriction on who can submit an observation / objection on the planning application though. It does mean that you must have engaged in the planning application before approval, which somewhat limits who can take a judicial review, but it's a small scale restriction.

Technically someone not involved in the process to date can take a JR if they have a good reason for having not been involved to date, but it’s a high bar to be allowed to do so, so unlikely.

Where there are CPOs, I’d never rule one out.

Very rarely are the grounds of JR the actual grounds.

environmental reasons always feature as then the person seeking the JR has cost protection.

Im not saying there will be a JR, just clarifying a few points. Personally I would love to see it delivered

The M28 debacle happened, and the M21 is subject to the exact same planning system. You don't need a steering group to launch a spurious appeal, just a single individual who stands to gain if the road is stopped, such as a farmer who doesn't want his land or house CPO'd. This happened before - why would it not happen again?

The M28 had plenty of local support (my home is close to it, and I never met anyone opposed to it) but it still languished in the courts for years. All it takes is one single person to do the same to the M21. You can be sure they will find support from some environmental group somewhere if they do so (such as An Taisce or Friends of the Irish Environment, who raised major objections to the project according to Limerick74).

Marno, there was no breach of environmental law in the M28 application, but it still spent years in the courts. All that matters is someone standing to gain if the road is delayed or cancelled. If they're angry about the CPOs, then making up environmental claims is the best shot to overturn the permission the CPOs rest on - like in the M28 case, when the Steering Group only discovered how important the flora of Raffeen Quarry was when it was time to launch a judicial review.

Like I said before, I will be pleasantly surprised if there are no JRs. I very much hope there are none and that it is all in place by 2027. But I think it's brave to so confidently rule out the possibility of a JR when some people will be losing land if this road goes ahead and when a JR on environmental grounds is so easy to secure.

Edited to fix spelling and reference posters.

We are all assuming ABP grant it. That will be the first hurdle!!

Has decision been delayed? Thought a decision was scheduled for this week? Decision now in mid november

https://www.pleanala.ie/en-ie/case/306146

"Early construction of the Adare Bypass" sounds like it could progress as a standalone project. That wouldn't be a good thing, the link to Foynes could be forgotten about. It would be better to have one project with the Adare Bypass phased first.

Both will be done as one project, but I imagine the phasing of that project will allow the Adare Bypass to open while the Foynes access roads are still under construction.

I didnt view the Oral Hearing. I assume nothing major came up in that which would put this project in jeoprady. Once the consultants have done their job it should get through planning surely.

If there is anyone anywhere in the country who is opposed to road construction, the project is in jeopardy. They can seek a judicial review of any grant of planning permission, which can stall the project for years, even if the consultants did the best job possible.

The project is only safe from judicial review if every single person in Ireland wants it to go ahead.