High Court rejects group’s challenge over relief works in Rathfarnham

The High Court has rejected a residents group’s application for permission to appeal an earlier ruling dismissing their challenge over planning approval for flood relief works in Rathfarnham in south Dublin.

Last year Ballyboden Tidy Towns Group (BTTG) brought proceedings aimed at overturning An Bord Pleanála’s decision in December 2020 granting an application by South Dublin County Council for flood defence and associated works in the Whitechurch stream between St Enda’s Park and the confluence of the Whitechurch stream with the Owendoher river in Rathfarnham.

The area, the court heard, had been subject to considerable recurring flooding mainly due to low banks, overtopping of existing defences and insufficient floodplain capacity.

In its action BTTG, which describes itself as dedicated to the built and natural environment of Ballyboden and the greater Rathfarnham area, claimed the Board’s permission, which is subject to 18 conditions, was invalid on several grounds.

The group claimed that the decision was flawed due to an alleged failure by the council to conduct an assessment, with reference to the cumulative impact that other developments in the area.

Surveys conducted on the impact the proposed works would have on wildlife in the area such as otters and bats were also inadequate, and that the EU’s Habitats Directive had not been properly applied, it was claimed.

The alleged indefinite length of the permission granted was also unlawful, the group further claimed.

Dismissed

The group’s action, which was opposed by the board, was dismissed by Mr Justice Richard Humphreys.

In his judgement last October, the judge found that the group had not established any effective challenge to the board’s methodology in relation to the assessments and surveys it carried out.

Arising out of that finding, the group sought permission from the court to bring an appeal against its decision.

However, in a judgement published on Friday Mr Justice Humphreys dismissed that application after finding that the applicant had not raised any issue of public importance that should be referred to a higher court for a determination.