Ballyshannon Action judicial review hearing decision 'at later date'

A ruling is to be given at a later date as to whether the Ballyshannon Action Group will be granted a judicial review of the Bord Pleanála decision to grant planning permission for a sand and gravel quarry in their rural community, writes Brian Byrne.

This follows yesterday's hearing in the High Court before Mr Justice Charles Meenan, where quarry developers Kilsaran Concrete claimed the Ballyshannon group does not qualify under Irish law to bring a judicial review case.

According to a report in the Irish Times, Paul Gardiner SC for Kilsaran Concrete submitted that the community group is an unincorporated body and therefore prevented from bringing a case. For Ballyshannon Action, Óisín Collins SC said the applicant meets a separate 'sufficient interest' test that allows it to bring the case. If one has participated in the planning process, which his client did, it has 'sufficient interest' and has standing to issue the proceedings.

Under the Environmental Impact Assessment directive, proceedings may be brought by unincorporated non-governmental organisations (NGOs) that have been pursuing their environmental objectives for 12 months prior. Mr Collins said his client has been engaged in environmental protection for more than a year and so meets the exceptional criteria, adding that many of the grounds of challenge to the permission have environmental protection objectives.

The court heard that clarification has been sought from the Court of Justice of the European Union (CJEU) relating to the standing and capacity criteria for environmental NGOs, the answers to which could have a bearing on the case.

Mr Justice Meenan said he would give his ruling at a later date.

Ballyshannon Action Group was founded in 2019 in response to a planning permission application by Kilsaran to create a quarry in a farm at Racefield. 

Initial planning permission was denied for the development by Kildare County Council, but later successfully appealed by Kilsaran to An Bord Pleanala. 

Ballyshannon Action are currently seeking judicial review of this decision and have so far raised more than €50,000 to help fund their fight.

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