A High Court judgment against the planned Strand Road cycle path trial was overruled by the Court of Appeal on all grounds. The judgment removes legal barriers to proceeding with the project.
The Court of Appeal Justices found that that the appeal of the High Court case undertaken by Dublin City Council is not moot as Cllr Flynn had claimed, that the High Court Judge was wrong to hold that the proposed Scheme was not temporary, and that he was wrong to claim that there were fundamental flaws in the enviormnetal screening.
The judgment said that the High Court judge was wrong to hold that an Environmental Impact Assessment, an Appropriate Assessment and planning permission were required for the project.
The Justices said that Dublin City Council’s belated disclosure that an order giving the project the go-ahead had been rescinded was a breach of duty of candour. However, the Court said that the breach was inadvertent, the relevant official has apologised to the Court, and it did not affect the ability to take the appeal.
The Court of Appeal added: “We have concluded, therefore, that the Council must succeed in its appeal. We have also concluded that Councillor Flynn’s cross-appeal should be dismissed.”
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