Permission for construction of a bypass around the town of Killaloe is being challenged in the High Court.
The development, which includes a new bridge over the River Shannon, means loss of woodlands and species associated with that ecosystem, including otters, salmon, lamprey, swans, and kingfishers, it is claimed.
Enviromentalist Peter Sweetman and an environmental protection company, The Swans and the Snails Ltd, claim the project, involving construction of a 170-metre bridge over the river Shannon will result in irreversible destruction of a woodland habitat.
The habitat of alluvial wet willow-alder-ash woodland is located on the western side of the proposed bridge.
In proceedings against An Bord Pleanála and the State, with Clare and North Tipperary county councils as notice parties, the applicants claim the planning board failed to adequately assess whether the site was a priority natural habitat as defined by the European habitats directive.
They want to quash the board’s permission for a 2km bypass, a new bridge over the Shannon, an upgrade of 3.3km existing regional road to include cycling and pedestrian facilities and the construction of two new bridges along the regional road.
They also want orders compelling the board to commission an independent assessment and evaluation of the ecological characteristics of the site to determine if it is a priority natural habitat as defined by the habitats directive.
It is alleged that the board failed to take steps to conserve the ecological characteristics of the habitat and failed to consider the impact of the proposed construction and drainage on the habitat.
Yesterday, Oisin Collins, for Mr Sweetman, of Bunahowen, Cashel, Co Galway, and the company, of Rossport South, Ballina, Co Mayo said their case was that the board erred in law in giving the project the approval.
A site directly affected by this proposed development is a priority habitat in the Lower River Shannon Special Area of Conservation, and his side were particularly concerned that an Environmental Impact Assessment had not been carried out, he said.
His clients were concerned about the loss of the woodlands and species associated with that ecosystem.
Counsel said the action was similar to one brought by Mr Sweetman over the proposed Galway City Outer Bypass ruled on by the European Court of Justice earlier this year.
The court ruled that permission could not be given for developments on priority conservation sites where there was a risk those would bring about the “disappearance or the partial and irreparable destruction of the protected site”.
Leave to bring the challenge was granted.