I disagree with the judge’s assertion. I think based on what was submitted to the court that it was clear that the council’s intention is a temporary project.
However, since the judge ruled the project wasn’t temporary, then the screening reports may have inadequately examined potential environmental impacts because it assumed the project was temporary. As a result, it wasn’t clear the project was below the environmental thresholds that allowed the use of Section 38. This is why the High Court has blocked the project, for now.
Can this issue be resolved?
In my opinion, this is a minor legal process issue. An issue that can be rectified either by providing more clarity on what happens at the end of the six month trial or by repeating the screening reports without assuming the project is temporary.
Since the Strand Road cycleway involves minor alterations to an existing road the potential for significant environmental impacts, even for a permanent project, are likely to be below the thresholds that require a full planning application.
I don’t think this judgement sets a negative precedent for other cycling projects across the city as the legal issues here are reasonably specific to this project. Other proposed trial projects in Dublin can learn lessons from this ruling.
This isn’t the end for Strand Road
I’m absolutely gutted by this decision. On days like today, campaigning for a better city can feel exhausting. It’s easy to ask why we even bother. However, we are making a difference.
This isn’t an insurmountable hurdle. It is just a delay to a much needed project. We will continue the good fight to deliver the Strand Road cycleway. So watch this space.
If anything this ruling has made many of our volunteers more determined than ever to advocate for climate action and active travel infrastructure.
To all of our volunteers, members and supporters: Thank-you. With your support we’ll continue campaigning for a more liveable Dublin where people of all ages and abilities can enjoy cycling. If you want to support Dublin Cycling Campaign consider becoming a paid member or volunteering. If you’re already a member please convince your friends and family to do the same.
– Yours in cycling,
Kevin Baker
Chairperson of Dublin Cycling Campaign
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