Residents cannot appeal M28 Cork-Ringaskiddy motorway decision

ireland
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Michael McAleer

Local  residents who lost a legal challenge to An Bord Pleanala’s grant of approval for a 14km long M28 motorway between Cork and Ringaskiddy have been told they cannot bring an appeal.

Mr Justice Michael MacGrath in the High Court refused the umbrella group representing local residents, the M28 Steering Group leave to appeal to the Court of Appeal.

The judge ruled he was not satisfied that the M28 Steering Group had raised points of law of exceptional public importance.

They had sought leave to appeal under Section 50 of the Planning and Development Act  which allows an appeal if the case involves points of law of exceptional public importance and it is in the public interest an appeal is taken.

The High Court last December dismissed the  challenge to An Bord Pleanala's June 2018 decision to grant approval for the 14km long M28 motorway between Cork and Ringaskiddy.

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On Tuesday  Mr Justice Michael MacGrath also concluded he was not satisfied it has been established that the court ought to refer suggested questions to Europe and the CJEU.

Mr Justice MacGrath was also not satisfied it was desirable in the public interest that a certificate allowing a leave to appeal should be issued.

Last December the High Court said it was not convinced that the motorway project was not properly assessed by An Bord Pleanala before it made its decision. 

The M28 Steering Group, Mr Justice MacGrath on that occasion said had failed in what was a difficult case to discharge the onus of proof required that would allow the court grant the reliefs it seeks, and must, therefore, dismiss the case.  

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