Slane Bypass Judicial Hearing from Meath barristers heard today
A leading county Meath barrister Mr John Rogers SC has launched a legal challenge against Meath County Council's plans for the 3.5km bypass of Slane.
A judicial review of the proposed scheme started in the High Court in Dublin (Thursday) and will continue to be heard tomorrow.
The application came before Mr Justice David Nolan who is likely to reserve his judgment following completion of the judicial review on behalf of Mr Rogers who was represented in court today by Michael Cush, a fellow senior council, who was instructed by Gabriel Toolan solicitors.
Most of the evidence presented to Judge Nolan was in the written form of sworn affidavits followed by legal argument and submissions by council on behalf of Mr Rogers, Meath County Council, and An Coimisiún Pleanála
The roadway across the river Boyne through Slane has become infamous for 23 road deaths marked by black and white crosses on a leading uphill through the town centre.
Opening the case, Mr Cush, outlining the views of Mr Rogers, said the location was assessed and an Environmental Impact Assessment Report (EIAR) was made by Ms Harrington who is an expert ecologist but a hydro geologist or hydrologist was required.
A son of Mr Rogers raised concerns around the ground water levels and the potential effect of an excavation on the habitat. This concerned land in Crewbane Lane, Slane, owned by Mr Rogers and an assessment had been made by Ms Harrington in which she stated the bypass construction will have no serious effect on the environment.
Cush argued on the basis she is not an expert in hydro geology or hydrology "on its face there is no assessment" due to the lack of expert in this field reviewing the report.
Barrister SC Fintan Valentine on behalf of An Coimisiún Pleanála instructed by Philip Lee Solicitors argued that no evidence was given regarding the qualifications and expertise of the two other members of the board who received the report from the inspector. SC Valentine said the applicant, Mr Rogers, is responsible for gathering this information, not the defence. The court heard the applicant asked for qualifications on the members but this was two days before the hearing date and SC Valentine said this should have been asked for from an earlier date. He also said the European Commission accepts you can become an expert in a field through years of experience reviewing (EIAR) on the subject.
Barrister for Meath County Council SC Esmonde Keane instructed by Regan McEntee argued that it is key to add that the guidelines state there is a need for expertise "as necessary" to examine the EIAR. SC Keane said it is not required to have expertise "in every single chapter of the EIAR" and to say expertise needed in every area is to take it beyond what is workable.
The case is still in hearing and will continue in Dublin High Court tomorrow.