The High Court has dismissed a challenge to the construction of the Slane bypass in Co Meath.
Proceedings were taken by former attorney general John Rogers, who owns land in the area, after a planning application for the road was granted by An Comisiún Pleanála last year.
The infrastructure project consists of a 3.5km long bypass around Slane village, including a dual carriageway as well as a 258 metre-long bridge over the River Boyne.
Mr Rogers argued that the Commission lacked the necessary expertise to properly assess the Environmental Impact Assessment Report (EIAR) provided by the Council. He was also critical of the Commission for relying on the Meath County Council's experts without conducting an independent assessment.
Lawyers for An Coimisiún Pleanála had previously denied that they did not have the expertise to examine an environmental impact assessment report. Mr Valentine SC, on behalf of the Commission, said that because Mr Rogers did not raise these issues during the planning process, he should be precluded from advancing them at this stage.
The respondents in the case, Meath County Council, supported the Commission's submissions and argued that the decision was made in accordance with its statutory duties and functions.
The Council previously told the court that the planning board is not required to have specific expertise in every field of an environmental impact assessment report.
Despite expressing doubts about the Commission's expertise in certain areas regarding water flow and the effects on spring waters, the High Court found that Mr Roger's did not '’demonstrate how a lack of expertise undermines the EIAR carried out by the Commission’’.
‘’He has therefore failed to discharge the burden of proof which rests upon him,’’ Mr Justice Nolan concluded in his judgment.
'Fantastic news for Slane'
Meath County Council said it welcomes the decision to dismiss the challenge to the N2 Slane Bypass and Public Realm Enhancement Scheme.
Cathaoirleach of Meath County Council Wayne Harding said the result was "fantastic news for Slane" and described it as a "another huge milestone in this project".
Cllr Harding said the judicial review was "holding up an extremely dangerous road from being removed from village life".
"Every resident must enter the N2 to engage in village life. Whether they are children of Slane schools or members of Slane Men's Shed. It has also held up a multi-million euro investment in the village's public realm," he said.
Additional reporting: Laura Hogan
