The Supreme Court has cleared the way for a residents group to proceed with its legal challenge to a planned €270 million extension to the Ringsend sewage treatment plant in Dublin.
The State and Dublin City Council had appealed against a High Court decision permitting the Sandymount and Merrion Residents Association to bring a judicial review challenge to An Bord Pleanála’s approval for the extension.
The High Court had rejected arguments by the State and council that the residents, as an unincorporated body, did not have the necessary legal standing to bring such a challenge. A five-judge Supreme Court heard the appeal on Tuesday and, in a ruling yesterday, dismissed the appeal and upheld the High Court decision.
The Chief Justice, Ms Justice Susan Denham, said the court would give its reasons in a written judgment later.
Environmental impact
The Sandymount and Merrion residents objected to the planned extension on grounds including concerns about the environmental impact of the project, which will include a 9km tunnel under the sea to discharge treated effluent into Dublin Bay.
An Bord Pleanála granted permission last year for the extension just weeks before the Minister for Arts and Heritage proposed on December 3rd to designate a 40km coastal stretch from Rockabil, Howth, to Dalkey Island as a special area of conservation.
The residents say the undersea pipe will discharge treated effluent into an area directly within, or adjacent to, the special area of conservation. They also argue that an environmental impact statement prepared for the development was inadequate.
Their case is against An Bord Pleanála, the Minister for Arts and Heritage and the State with the council a notice party. Following the Supreme Court ruling, it will proceed in the Commercial Court at a date to be fixed.
The council says the matter is urgent as the Ringsend plant is operating above designated capacity while the State has told the European Commission it intends to fully comply with the urban water treatment works directive. Failure to do so means the State would be liable to fines by the EU, it was stated.
2.1 million capacity
The council says the plant was built in 2003 to cater for a population of 1.64 million in greater Dublin but was now trying to cope with average daily influent of 1.8 million. The planned extension will provide capacity for 2.1 million.
The council has argued the residents need not be concerned about discharge of treated effluent as both an EPA licence and foreshore licence would be required before that could happen.
Treated effluent is already being discharged into other areas of Dublin Bay but under proper controls, it said.