Challenge to Slane bypass permission can go to Court of Appeal

High Court Reporters

The High Court has granted permission to a former attorney general to appeal the dismissal of his challenge to planning approval granted for a long-delayed bypass road in Co Meath.

John Rogers, a senior counsel, argued in his High Court action that An Coimisiún Pleanála did not have access to sufficient expertise required to examine certain environmental impacts of the proposed N2 bypass at Slane when it granted Meath County Council permission for the development.

In a judgment in April, Judge David Nolan said he had “serious doubts” as to whether the commission had the expertise to deal with “important issues” raised by Rogers’s case.

However, he found the case had not proven a lack of expertise on the part of the commission “on an evidential basis”.

In the circumstances, the judge found “without much enthusiasm” that Rogers had not discharged the required burden of proof and dismissed the case.

Rogers sought permission to challenge the decision to the Court of Appeal. In certain cases, a litigant must obtain permission from the High Court to bring their case to an appeal court.

In a judgment on Friday, Nolan said the action could go to the Court of Appeal to clarify two points of law.

Rogers, of Crewbane, Slane, argued in the High Court that the proposed bypass would impact his lands.

In an affidavit, he submitted that petrifying streams in his lands would be particularly affected by the development.

Crewbane marsh floods a number of times a year and the commission had not obtained expert hydrology advice about the impact of proposed deep trenching for the proposed route, he said.

The road project would involve the construction of a 3.5km-long bypass around Slane village, and include a dual carriageway and a 258m-long bridge over the river Boyne.

The project would run adjacent to the Unesco Brú na Bóinne World Heritage Site of Outstanding Natural Value, which includes the Neolithic passage tomb at Newgrange.