Three judicial reviews challenging how planning permission was decided for the long-delayed Galway ring road were struck out by the High Court on Wednesday morning.
Transport Infrastructure Ireland, Galway County Council and Galway City Council engaged in mediation with a number of homeowners whose properties will be affected by the proposed 18km orbital route from the N6 Coolagh roundabout, to the R336 Coast Road past Furbo.
“We can can confirm that mediation has been undertaken with the three homeowners who brought judicial review proceedings,” said a spokesman for Galway County Council on behalf of the three statutory bodies. “Confidential terms have been agreed, to all parties’ satisfaction.”
In June, the High Court gave permission to several Galway homeowners to launch three lawsuits against An Coimisiún Pleanála’s April planning grant for the dual carriageway. At that hearing, mediation was suggested.
These actions centred on the concerns of property owners subject to Compulsory Purchase Orders (CPOs ), homeowners concerned about the impact of neighbouring properties demolished for the ring road, and homeowners who claim they were not properly informed why their houses were excluded from CPOs.
A fourth judicial review, launched by active travel advocate Shane Foran, remains in train. It is understood no application or recommendation for mediation was sought or offered in relation to this application.
Foran’s judicial review is based on three assertions that the decision to grant planning permission was flawed under law.
One relates to the 2021 Climate Action and Low Carbon Development Act, a second is that the road’s permission does not tally with Galway’s inclusion in the Trans-European Transport Network (TEN-T ) two years ago, and a third assertion refers to the EU’s Environmental Impact Assessment (EIA ) Directive.
Speaking to the Advertiser, Mr Foran, of Rahoon, said he was not relishing the prospect of representing himself, alone, in the High Court next month, when a substantive hearing on the four ring road judicial reviews had been scheduled.
“I am not affiliated with other people taking [judicial reviews] who are affected by the CPOs,” he said, adding that he had not received any offer of mediation from any transport authorities since lodging his own judicial review application at the same time as homeowners did over the summer.
“My action is not against the design of the road, it is about how the decision to approve it was taken, and the profound lack of consultation with people in Galway on that decision,” he said. “Its consequence will be directing traffic off roads with cycling facilities, on to roads with cycling facilities, which are residential roads not designed for arterial traffic. Like, does the Letteragh Road need another 10,000 car movements?” he said.
Uinsinn Finn, Galway County Council’s director for infrastructure, said the local authority - which is the project lead for the N6 ring road - would now be preparing for one day in the High Court next month, rather than four.
Galway West TD, John Connolly, speaking before the three High Court strike-outs, said he welcomed any process, such as arbitration or mediation, that “resulted in successful and timely outcomes for all concerned.” The Fianna Fail TD said the Government “was showing its commitment in backing this project”.
The Galway City Ring Road was first mooted in the 1999 Galway Transport and Planning Strategy.
In January 2023, the High Court quashed the N6 ring road’s 2021 planning permission after An Bord Pleanála (ABP ) conceded a legal challenge brought by Friends of the Irish Environment, admitting it failed to consider the Government’s updated Climate Action Plan when making its determination.
Following reconsideration, An Coimisiún Pleanála (formerly ABP ) subsequently re-approved the €1 billion project in April this year, after which four judicial reviews received permission to proceed.
Now one remains.
