An Taisce in court about Tara
national |
environment |
news report 
Friday April 27, 2007 10:31
by Muireann Ni Bhrolchain - Campaign to Save Tara
An Taisce have returned to court
An Taisce appeals Tara motorway order
Irish Times
Friday, April 27, 2007
An Taisce has brought an appeal to the Supreme Court against the High
Court's refusal to permit it to challenge the legality of the
development of the M3 Clonee to Kells motorway near the Hill of Tara,
Co Meath.
The High Court refused leave earlier this month to bring the action,
which could have major implications not just for the M3 but other
proposed road schemes.
John Rogers SC, for An Taisce, yesterday told the Chief Justice, Mr
Justice John Murray, that an appeal was being brought against that
refusal. He would also be seeking an early hearing of that appeal,
which he estimated would take two hours.
The Chief Justice said the Supreme Court would fix a date for hearing
at a later stage and suggested that counsel consider whether
submissions should be filed.
In its action, An Taisce contends the National Roads Authority
unlawfully approved on March 13th last its own tolling scheme for the
motorway and now proposed to enter into a public-private partnership to
that effect without having met necessary statutory requirements under
the Roads Act 1993.
The proposed tolling scheme was prepared despite the express opposition
of Meath County Council which must, under law, be consulted about any
such plan, it also claims. In promoting and pursuing the construction
of the M3 motorway scheme in the absence of the necessary approved
plan, the Minister for Transport, it is contended, has also acted
unlawfully, unreasonably and in excess of his powers.
If An Taisce succeeds in its Supreme Court appeal and gets leave to
bring the challenge, it will have significant implications, not just
for the M3 but for other road schemes as it is claimed the NRA has
breached its statutory duty under section 18 of the Roads Act to
prepare and adopt, once every five years, a draft plan for the
construction and maintenance of national roads.
Among the reliefs sought in the proposed action is an order that the
NRA cannot take any steps for the implementation of a tolling scheme
intended to finance the M3 until the draft plan has been prepared and
adopted under section 18.
In an affidavit, Ian Lumley, national heritage officer with An Taisce,
said that of all the developments currently contemplated, the M3 Clonee
to Kells motorway was "probably the most significant in terms of its
likely adverse effects".
The motorway was likely to have a significant adverse impact on a great
range of different environmental issues, in particular the national
monument on the Hill of Tara and the Tara/Skryne valley, which is of
international and worldwide importance, the River Boyne, expressly
designated as being of European importance, and a series of landscapes
classified as high amenity.