Ground water levels and excavations of habitat concerns raised at Judicial Review of Slane Bypass plan

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 on Thursday (15th January 2026) and will continue on Friday.

The application came before Mr Justice David Nolan who is likely to reserve his judgment following completion of the judicial review sought by 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 on behalf of Mr Rogers, Meath County Council, and An Coimisiún Pleanála.

The project includes a 3.5km dual carriageway around Slane with a combined footway/cycleway, a 258-metre-long bridge over the River Boyne, and a number of public realm enhancements within Slane village. The scheme also includes improved traffic management measures and works on the N51 between the proposed bypass and the centre of the village.

Slane residents have lived with the trauma of horrific crashes happening on their doorsteps for many years - the 23 white crosses on the bridge is testament to that, marking the number of fatalities over the past quarter of a century.

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 and "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 Solicitors 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.