Ballyshannon High Court case 'in limbo', campaign continues

Ballyshannon Action AGM 2024.

The Ballyshannon community's High Court case seeking a judicial review of the Bord Pleanala decision to grant planning permission for a quarry in their rural location is 'in limbo', writes Brian Byrne. At the AGM of Ballyshannon Action Group last night, chairman Jim Burke said that following the appointment of Mr Justice Charles Meenan to the Court of Appeal a year ago, Ballyshannon's legal team are trying to ascertain the current status of their case. 

Justice Meenan had previously been the High Court judge considering their pursuit of leave for the judicial review. In October 2022, he postponed a ruling on the matter, pending the outcome of an unrelated case at the Court of Justice of the European Union (CJEU) on the standing and capacity criteria for environmental NGOs, the answers to which could have a bearing on the case. 

That EU clarification has since been settled, last night's meeting heard. "At the moment there is no decision on our judicial review," Jim Burke said. "In the meantime, Justice Meenan has moved on, and our legal team is trying to find out what's next." He said there could be another 'two or three years' of the campaign, and he thanked the committee, local people, and public representatives who have continued to support the Ballyshannon community. "The most important thing is to keep talking about Ballyshannon, keep talking about Kilsaran. Let everyone know that we are not going to go away."

Anna Sage (right) outlines the financial position, watched by Sarah Burke and Jim Burke.

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.

At the AGM, support for the campaign was reiterated by local representatives in attendance. Senator Mark Wall said the community needs 'to stay steadfast' and that they were entitled to be able to live in their rural area without the disruption that the Kilsaran plan would cause. "It is most important that the community will stand together," he said. "And we will be with you as long as it takes."

Cllr Ivan Keatley echoed those sentiments and congratulated the group for staying with their campaign. He noted that there are many positive things going on in the community, citing the Biodiversity Study which was also launched at the AGM. "Keep doing things like that," he said, adding that work is continuing on establishing safe routes to school, and the work to provide a walkway between Ballyshannon and Calverstown for which the results of a feasibility study will be coming soon.

Secretary of the group Sarah Burke gave the meeting a summary of the just completed Biodiversity Action Plan of the area, carried out by ecologist Dr Catherine O’Connell. The full study is available on the group's website here. 

Following the AGM, Jim Burke is staying as chairman, Anna Sage remains as treasurer, and Sarah Burke has stepped down as secretary, replaced by Shona O'Rourke. The committee otherwise remains as before.

Cllr Ivan Keatley, Jim Burke, Cllr Mark Leigh, Senator Mark Wall, and Clare Keon. (Image: Sarah Burke.)

Photographs use Policy — Privacy Policy