The High Court has cleared the way for construction work to resume on two bridges in Kilkenny city.
In a ruling yesterday Ms Justice Bronagh O’Hanlon rejected claims that works being carried out at the two sites over the river Nore amounted to unauthorised developments.
She said there was no evidence of environmental damage where a new bridge was being constructed near Greens Bridge, and where a new footbridge was being constructed beneath the Ossory Bridge at Nore Linear Park. The balance of convenience lay in lifting the injunctions previously granted, the judge held.
Earlier this month local man Christopher O’Keeffe secured temporary High Court injunctions requiring Kilkenny County Council to stop work at the bridges, which are approximately 2km apart.
Mr O’Keeffe (35) of Greenfields, James Park, Freshford, Co Kilkenny, argued the construction of what he described as temporary access causeways with limestone in the river Nore was causing environmental harm to the river.
As part of his case he tendered a report by an ecologist saying construction work had to be “urgently restrained” or greater damage would be done to the Nore’s aquatic ecology and to various species in the river, which is part of a Special Area of Conservation. Aquatic life being potentially harmed included the freshwater pearl mussel, it was claimed.
Breach of condition
Mr O’Keeffe claimed the causeways directly breached a condition of the consent given by An Bord Pleanála when it gave the county council the go-ahead to construct the bridges.
He also claimed the causeways could increase the risk of flooding. He sought to have the injunction continued, pending the outcome of the full action against the council.
Those claims were denied by Kilkenny County Council, whose lawyers asked the court to dismiss the injunctions. The council said there was no scientific or engineering evidence of any damage being done to the river.
It also claimed there was no evidence of pearl mussels downstream of the bridges.
The council said in accordance with the consent it obtained from An Bord Pleanála, it constructed localised containment structures, which were to be removed once the works at the bridges were completed.
The council added the delay on construction cost almost €20,000 a day. It also had a limited time to complete the work in order to prevent any interference with salmon spawning in the river.
Standard of proof
In her ruling Ms Justice O’Hanlon said evidence tendered on behalf of Mr O’Keeffe did not reach the required standard required to allow the court to continue the injunctions.
She was satisfied the conditions of the planning consent obtained by the council to build the bridges had not been breached.