High Court temporarily halts flood relief works at Co Roscommon lake

An environmental group has secured a High Court order temporarily halting works on a flood relief scheme in Co Roscommon.

Mr Justice Garrett Simons on Friday granted the Friends of the Irish Environment (FIE) an order preventing Roscommon County Council from conducting works at Lough Funshinagh, which is known as Ireland’s disappearing lake and is located some 12km north of Athlone.

The stay, which is to remain in place until the matter returns before the court later this month, forms part of FIE’s judicial review challenge against the council’s decision last May to authorise the works at the lake.

The proposed scheme at the centre of the action involves the construction and laying of a 2.6km pipe that would see water from Lough Funshinagh, a Special Area of Conservation, pumped into the larger Lough Ree. The works were commenced because the area has been subject to flooding in recent years.

However, FIE says the works have the potential to lead to serious environmental damage and priority habitat loss, and are being carried out in breach of EU law and domestic planning laws, and should be halted.

Local ecology

An expert report compiled by FIE raised concerns about the effects the development may have on both lakes. There were further concerns about the impact the pipe will have on the water quality at Lough Funshinagh, on local wildlife including the Whooper Swan and on local ecology.

FIE, represented by Jon Kenny Bl, instructed by FP Logue solicitors, is seeking various orders and declarations including one quashing the council’s decision to authorise the works. They argue that the proposed works need to be authorised under the 2000 Planning and Development Act.

Mr Justice Simons said he was satisfied, on an ex-parte basis, to grant FIE permission to bring its action against the council, Ireland and the Attorney General. The matter was adjourned to August 25th.

In his submissions to the court, Mr Kenny said that in advance of the works being carried out the council was advised by civil engineers that planning permission would need to be sought under the Act.

Protected areas

As part of that process, the council would have been obliged to conduct an extensive environmental assessment of the proposed flood relief works. Lough Ree and Lough Funshinagh are both specially designated protected areas, counsel said.

However, counsel said the local authority opt to commenced the works under the provisions of the 1949 Local Authorities Act rather than the 2000 Act.

Counsel said it is FIE’s case that the 1949 Act does not allow the council to carry out the proposed works.

It is FIE’s case that the proposed works are likely to have a significant effect on the environment and, at the very least, should have been screed for the purposes of complying the EU Directive on Environmental Impact Assessments.