A community campaign group, which mounted an unsuccessful Supreme Court challenge to part of the €150 million OPW Cork Flood Relief Scheme, has vowed to continue with its campaign as they called for greater dialogue with both the OPW and Cork City Council over the plan.
Save Cork City Community Association (SCCA) CLG had appealed to the Supreme Court to overturn a High Court decision allowing An Bord Pleanála grant planning permission for the €6 million Morrison’s Island Public Realm and Flood Defence Scheme in Cork City centre.
But last week, the Supreme Court ruled against the SCCA, paving the way for the OPW and Cork City Council to start work on the flood relief scheme on the south channel of the River Lee at Morrison’s Island which aims to protect some of the most vulnerable parts of the city centre from flooding.
However, the SCCA in a statement to The Irish Times, vowed to continue its campaign against the scheme and called on both the OPW and Cork City Council to engage in greater dialogue while not ruling out the possibility of further legal action if necessary.
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“We will continue with this campaign and hope that open dialogue on the issue of the flood defences may now happen as it hasn’t before,” said the SCCA as it defended its decision to go all the way to the Supreme Court to challenge the OPW/Cork City Council plan for Morrison’s Island.
“It is an essential function of democracy to question the decisions of the State and Local Authority. In this case we questioned one aspect of procedure that we felt was not followed in the interests of the public, but the court has not agreed with our interpretation,” said the group
“In questioning the proposed flood defences for Cork, we have highlighted many issues such as the safety of the proposal, the technical workability, the economics and even the response to a heritage landscape in relation to the identity and economy of the city.”
The SCCA urged Cork City Council to again consider the impact of the proposed development from Parliament Bridge down to Parnell Bridge and “to make compromise to include a heritage led response to Morrisons Island that demonstrates gentility and not brutality to the urban landscape.”
The SCCA argued that it can easily be demonstrated that the approach to Morrisons Island is out of date, not economical and warrants change and again urged both the OPW and Cork City Council to look at the option of a tidal barrier which it argues is a more sensitive solution to tidal flooding.
“We have argued a tidal barrier is better for Cork economically and socially and we think people agree. We also feel sure that people agree that the proposals for Morrisons Island could be far more sensitive to an urban heritage quayside,” said the SCCA.
“The Supreme Court has said one aspect of one procedure that we were allowed to question has been met but there are still no answers to significant defects in the flood proposals which are numerous and of great concern to many.
“While the ruling is disappointing it is part of a process of examination of the flood proposals and genuinely useful if we are to improve process in public service and not continue to force harmful plans where there is no need to do so. We can follow a process of genuine consultation.
“We thank everyone who has supported the campaign and pursued such tireless effort to highlight the nature of the beautiful city of Cork. We would prefer friendly dialogue and compromise to any future legal action, but it isn’t ruled out.”
Leapfrog appeal
The SCCA group had initially mounted a legal challenge in the High Court, but Mr Justice Richard Humphreys found it had not made out grounds for an order quashing the permission granted by An Bord Pleanála to Cork City Council for the works.
The group then lodged a leapfrog appeal to the Supreme Court, seeking to overturn Mr Justice Humphreys’ refusal to strike out a planning permission granted by An Bord Pleanála but the Supreme Court ruled that Mr Justice Humphreys was correct in his decision.
Giving judgment, Mr Justice Séamus Woulfe said he agreed with the High Court that An Bord Pleanála has jurisdiction to conduct a screening for an environmental impact assessment (EIA) in an application made under a certain section of the Planning and Development Act 2000.
Mr Justice Peter Charleton, Ms Justice Iseult O’Malley, Mr Justice Gerard Hogan and Ms Justice Elizabeth Dunne all agreed on the ruling so the appeal by CSSA which was against An Bord Pleanála, Minister for Housing, Local Government and Heritage and the Attorney General, was dismissed.
According to Cork City Council, the Supreme Court ruling means that the plan, which involves the repair of around 500 metres of quay walls with the aim of protecting over 300 properties in the city centre subject to regular tidal flooding, can now go out to tender in the second quarter of 2023.
