Diggers and bulldozers began clearing part of the site at Carrickmines Castle yesterday, as full work resumed on the controversial site for the first time in over 18 months, following a series of legal delays.
As construction workers and archaeologists restarted on the site along the path of the M50 motorway, conservationists were also finalising a last-minute legal challenge, claiming the work was illegal.
Yesterday machines began clearing topsoil on the site marking out the route of the road, while archaeologists also began work to dismantle part of the remains of the castle fortifications or fosse, which also lies in the path of the roadway.
The work resumed after Dún Laoghaire-Rathdown received final approval from the Minister for the Environment, Mr Cullen, and his Department.
The approval was made under new legislation, introduced following a successful legal challenge by conservationists last January. The courts found that a previous approval made by Mr Cullen was unconstitutional. The courts found that the Government had not brought in primary legislation to allow Mr Cullen to make the order allowing for the partial destruction of the Carrickmines Castle site.
The previous February, work was halted at the site after the High Court found that no order had been made by the Minister for the Environment allowing for the destruction of part of the castle remains.
The delays have cost an estimated €20 million, according to the National Roads Authority. Although work has been stopped at the site, a special order was made by the Minister for Transport, Mr Brennan, to allow work to continue either side of the Carrickmines site on the final €596 million stretch of the M50, between Ballinteer and Shankill.
Speaking at the site yesterday, conservationists accused Dún Laoghaire-Rathdown County Council of acting illegally.
Mr Vincent Salafia, one of the organisers of the original protest, claimed the council had moved the machinery in as quickly as possible to ensure that any successful legal challenge would be irrelevant, as the site "would be largely destroyed" by then.
"They're destroying the site," he said, pointing to the large machines that had begun digging up large parts of the area. He claimed the work was illegal because, in last January's case, Dún Laoghaire-Rathdown County Council was required to inform the High Court that the new legislation was in place before resuming work at the site.
The council's director of transportation, Mr Eamon O'Hare, said all work was being done in line "with the method statement approved by the Department of the Environment and the direction from the Minister".
A High Court challenge is expected as early as this morning by conservationists to halt work at the site.
Solicitors acting on behalf of Mr Dominic Dunne, one of the original litigants, sent letters to the council, Mr Cullen and the Attorney General, seeking all work to cease at the site.
He is expected to seek a High Court injunction either today or tomorrow, to stop the work. The legal case is expected to centre on claims that the legislation, enacted to allow Mr Cullen issue the direction on the road, is unconstitutional. It is also expected to claim that the work is illegal because the council did not return to the High Court before recommencing work.
Up to 40 archaeologists, from commercial archaeology firm Valerie J. Keeley, are expected to work on the site over the next five months.