Permission granted for MetroLink judicial review ahead of proposed mediation

High Court Reporters

Several householders have been given permission by the High Court to pursue a legal challenge to the MetroLink rail project.

The judicial review proceedings – brought by 19 residents of Dartmouth Square , Ranelagh, Dublin – challenging An Coimisiún Pleanála’s (ACP) grant of permission for the 18.8km, mostly underground, rail line came before Ms Justice Emily Farrell on Monday.

The multibillion euro project would run from Swords in north Dublin to Charlemont, close to Ranelagh, in south Dublin. The route would have 16 stops serving areas including Dublin Airport, Ballymun, Glasnevin, Phibsborough and the city centre.

Following a planning application submitted by Transport Infrastructure Ireland (TII), MetroLink was approved by ACP through a railway order signed on September 30th.

The residents are seeking an order quashing ACP’s grant of planning permission for the MetroLink. TII is a notice party to the action.

Last week, lawyers for the residents told the High Court their clients were “willing” to enter mediation, after TII proposed pre-Christmas talks in an effort to resolve the dispute.

On Monday, Ms Justice Farrell said she was satisfied to grant leave to Stephen Dodd SC, appearing with barrister Damien Keaney for the residents, and instructed by BC Law LLP, to pursue the legal challenge. The application for leave was not opposed by ACP or TII.

A litigant must obtain leave, or permission, from the High Court in order to pursue judicial review proceedings.

The residents taking the challenge are: John Ryan and Grace Maguire; Geraldine Ann Cusack and Geraldine Cusack; Terry Reid and Denis McLoughlin; Leo Crehan and Ann Crehan; Martin Jones and Mary Jones; Elizabeth Vandenberghe; Caroline O’Connor; Niall Parsons; Kitty Wallis and Camillus Wallis; Muiris O’Dwyer and Helena Kelly, and Angela Ryan and Manuel Ryan.

Mr Dodd told the court that Kalamunda Co Unlimited, the only corporate entity taking the challenge, wished to withdraw from the proceedings. Ms Justice Farrell struck out the company as an applicant in the proceedings.

Kalamunda is the holding company that owns the McCabes Pharmacy group, which was bought two years ago by PHX Ireland, the owner of the Lloyds Pharmacy chain. Kalamunda is owned by Sharon McCabe, of Dartmouth Square West.

According to their court papers, several of the residents’ grounds for the challenge stem from a claim that ACP failed to carry out an adequate Environmental Impact Assessment (EIA) of the proposed metro development works.

Among their complaints is a claim that the EIA relied upon did not consider the impact of ground movement and vibration on protected structures and historical buildings, including those in the Dartmouth Square environs.

They also claim Charlemont was “predetermined” as the terminus for the line, and that ACP did not assess reasonable alternative sites, such as at St Stephen’s Green or Tara Street.

It is also claimed ACP breached fair procedures and natural justice by admitting additional information submitted by TII during the oral hearing relating to the development application.

The residents say they did not have sufficient time or an opportunity to respond to this material.