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Cycle route trial scheme did not need a full Environmental Impact Assessment
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The Court of Appeal has allowed an appeal from the High Court, and set aside a decision to quash permission for a cycle route trial scheme. The trial was challenged on multiple grounds, including alleged breaches of the Environmental Impact Assessment (EIA) Directive and the Habitats Directive. The High Court initially found in favour of the challengers on several grounds, quashing the City Council's decision to proceed with the Scheme and declaring it unlawful. However, the City Council appealed, and the Court of Appeal has now overturned the High Court's decision, concluding that the Scheme did not require a full Environmental Impact Assessment (EIA) or Appropriate Assessment (AA) and that the Scheme was temporary in nature. The Court of Appeal also found that the City Council's failure to disclose certain information was an oversight and not an abuse of process or breach of the duty of candour.
Strand Road Cycle Trial, Dublin City Council, High Court, Court of Appeal, Environmental Impact Assessment (EIA) Directive, Habitats Directive, Appropriate Assessment (AA), planning permission, traffic calming measures, Section 38 of the Road Traffic Act 1994, Section 50A of the Planning and Development Act 2000, judicial review, duty of candour, mootness, urban development, road development, cycle route trial, public consultation, legal precedent.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
