A Cork city community association has failed to get High Court orders overturning An Bord Pleanála’s permission for certain flood relief works in the city.
Mr Justice Richard Humpreys also ruled Save Cork City Community Association CLG (SCCCA) is not entited to a stay on the works.
In his judgment on Wednesday, he found the Association had not made out grounds for an order quashing the permission granted to Cork City Council for the works.
However, he found the Association was entitled to a declaration that the Council did not comply with public participation obligations under the planning acts to ensure members of the public could inspect or purchase a Natura Impact Statement concerning the works.
Quay walls
In its action heard earlier this month, the group challenged the Board’s June 17th 2020 permission for remedial works to the existing quay walls in Cork city, and construction of public realm improvement works and flood defence works between Parliament Bridge and Parnell Bridge along Morrison’s Quay and Fr Matthew Quay, and a short section along Union Quay close to Trinity footbridge at Morrison’s Island.
The group’s core claim was that the disputed permission involved impermissible “project splitting”, within the meaning of the Environmental Impact Assessment (EIA) Directive, of the Lower Lee Flood Relief Scheme (LLFRS), the overall flood relief scheme for the city.
Its concern was that part of a project for the purposes of the Directive may now be given consent without the project as a whole being made subject to an EIA.
The case was taken against the Board, the Minister for Housing, Local Government and Heritage, and the State.
