Sandymount residents in Dublin claim that a planned two way cycleway does not adhere to social distancing advice.
Independent Cllr Mannix Flynn and the Serpentine, Tritonville and Claremont residents group have applied to An Bord Pleanála for a declaration that the city council requires planning permission for the new cycle facility.
A High Court challenge from Cllr Flynn and resident Peter Carvill is listed in the High Court for tomorrow.
An application under Section 5 of the Planning and Development Act is also being made to the planning board, over the plan which involves a ban on northbound traffic on Strand Road.
It claims the two-way cycle track due to open on 1 March would mean a distance of only one metre between cyclists moving in opposite directions despite the track being installed as a Covid-19 mobility measure.
The council says it will be in place for a six-month trial, which was part of the reason an independent consultant reported that it did not require to go to An Bord Pleanála for an Environmental Impact Assessment.
However, residents are arguing that the temporary nature of the proposal is not a basis for permission exemption.
They also claim that the effects of displaced traffic was not considered in the assessment or the effects of the removal of the cycleway should the trial prove a failure.
Dublin City Council will be responding to the application.