A new challenge is to be launched in the coming week to the controversial plans to built a roundabout near Carrickmines Castle in connection with the route of Dublin's South Eastern Motorway.
Indications that new judicial proceedings are to be issued came late yesterday as the High Court discharged a previous court order preventing Dún Laoghaire/Rathdown County Council from demolishing or removing archeological remains at Carrickmines Castle.
On the application of the council, Ms Justice Carroll discharged an injunction granted earlier this year which had prevented the council from demolishing or removing a mediaeval fosse - a ditch - at Carrickmines Castle.
The injunction prevented interference with the fosse without a valid consent under the National Monuments Act (NMA).
Mr Dermot Flanagan SC, for the council, said the required consent had now been obtained.
He said as a matter of law the order ought to be lifted forthwith, and the council was now entitled to continue with the works. The matters were urgent. There had been many delays arising from the legal challenge.
Mr Frank Callanan SC, for the two applicants who had taken the proceedings, Mr Dominick Dunne, of Collins Square, Benburb Street, Dublin, and Mr Gordon Lucas, of Willbrook Lawn, Rathfarnham, Dublin, said Mr Dunne intended to issue proceedings aimed at impugning a consent of the Minister for the Environment of July 3rd last.
Mr Callanan said neither he nor the solicitor in the present case were acting in the new proceedings. Mr Greg Casey, solicitor, was advising and representing Mr Dunne in any further proceedings.
Mr Flanagan said the present interlocutory injunction proceedings were effectively at an end. If fresh proceedings were to be issued, they would be dealt with. He saw no reason why the present injunction could not be lifted. The council had complied with what the Supreme Court had stated was the only outstanding issue in the matter - the securing of a valid consent under the National Monuments Act.
Outside court, Mr Casey indicated that judicial review proceedings would be issued shortly. It would be submitted that a Section 14 consent order was based on plans for a roundabout which were significantly different to the plans for a roundabout given in permission in October 1998.
It would be claimed the new roundabout was 35 per cent larger than the original one planned, and it had a road serving nearby Jackson Way lands for which no ministerial permission had been granted.
The fact the Minister had proposed a scheme "to himself" and then approved it would also be impugned.
In February, Mr Dunne and Mr Lucan won a Supreme Court injunction preventing the council demolishing or removing the fosse at Carrickmines Castle without a valid consent under the NMA.
Later, the Environment Minister, Mr Cullen, issued an order allowing for a motorway interchange to go through part of the site.
The order could only come into effect after both Houses of the Oireachtas had sat for 21 days. That period has now been completed.
In an affidavit, Mr Eamonn O'Hare, director of transportation at Dún Laoghaire/Rathdown County Council, said the Minister had entered into a joint consent on July 3rd last, and had approved it on the same day.
The National Monuments (Approval of Joint Consent) Order, 2003, was then laid before the Dáil and Seanad for the requisite period. There was now a valid consent under Section 14.
He said the complaint which gave rise to the granting of the injunction by the Supreme Court no longer existed.