A group of traders allege in High Court proceedings that Dublin City Council acted beyond its powers in adopting traffic changes restricting private vehicle access along parts of the quays.
Dublin City Centre Traders Alliance, led by solicitor Noel Smyth, is pursuing a judicial review of a decision by the council and the National Transport Authority (NTA) to enact traffic calming measures and works on several quays along the River Liffey.
The alliance includes the owners of city centre car parks, including those connected to Brown Thomas, Arnotts and the Jervis Shopping Centre, and counts the Restaurants Association of Ireland and Louis Copeland among its members.
The alliance is challenging traffic changes and restrictions on the use of private vehicles at O’Connell Bridge, Bachelor’s Walk, Eden Quay, Aston Quay, Burgh Quay and Fleet Street.
Since last August, private traffic has not been permitted to drive east and west along the Liffey quays on either side of O’Connell Bridge from 7am to 7pm.
The transport plan adopted has a stated aim to reduce congestion by discouraging traffic “that has no destination in the city”.
Mr Smyth submits in his legal papers that a July 2024 report commissioned by the traders predicts that the adoption of the transport plan would have an overall negative impact of €390 million.
The traders’ report predicts a decrease in retail spending in the year 2028 of €141 million in 2028 and a loss of more than 6,000 jobs, leading to the total “adverse monetary impact” of €390 million.
The traders are asking the court to quash Dublin City Council’s July 2024 adoption of the ‘Dublin City Centre Transport Plan’.
The traders claim the adoption of the plan as a ‘joint plan’ between the council and the NTA is “invalid”. They further allege the council’s chief executive was “not empowered” to make the order because it “exceeded” the terms of the Dublin City Council Development Plan 2022-2028.
The adoption order is “invalid and made in breach of fair procedures and natural justice”, the traders claim.
The group is also seeking an order overturning quashing of what they say are the council’s second and third “invalid” orders, relating to the implementation of the traffic management changes and the granting of approval for signage along the north and south quays.
It is submitted that the council acted beyond its powers and erred in law in ordering the implementation of the traffic calming measures without an environmental impact assessment being carried out.
In his affidavit, Mr Smyth alleges a questionnaire provided during an 11-week public consultation was “biased” and designed to “prompt answers in support of the respondent’s draft plan”.
The traders further allege the respondents approached the adoption of the transport plan “with a closed mind” and followed a process “designed to achieve a preordained outcome”.
The case came before Mr Justice Richard Humphreys this week when he granted the traders, represented Eamon Galligan SC, permission to continue with their claim.
He then adjourned the case to January 13th.
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