Residents begin High Court challenge against M28 development

Local residents have launched a High Court challenge against An Bord Pleanála's decision to approve planning for a new 14km-long stretch of the M28 motorway between Cork and Ringaskiddy.

The action has been brought by a group describing itself as the M28 Steering Group who seek to judicially review the planning authority’s decision to give the proposed motorway the green light.

The proposed development comprises 14km of standard dual carriage motorway, 1.6km of single lane carriageways and a service area 1.8 hectares in size.

The group claims the board’s decision is flawed because the application for permission was “premature, incomplete and does not meet the requirements of national and European law”.

It also submits that there was a failure to consider the whole project or the cumulative effects of the proposed development. In particular they claim it is proposed that material is to be extracted from the disused Raffeen Quarry which is located along the route.

Protected flora

The group claims the quarry has become of significance ecologically and is home to an array of protected flora and fauna. It alleges that no proper assessment of the proposed roadworks extractions from the quarry has been carried out.

In proceedings against An Bord Pleanála, the group seeks an order quashing the board's decision of June 29th last approving the project.

The group also seeks various declarations including that Cork County Council, a notice party to the proceedings, initially failed to assess the environmental impacts of the proposal as a whole and also that it failed to carry out an environmental impact assessment.

The matter, which was mentioned before Ms Justice Carmel Stewart at the High Court, has been adjourned until later this week.