Court rules against Ballinacurra bus lane
IN what is hailed as “a landmark case,” the President of the High Court, Mr Justice Nicholas Kearns, this Wednesday, found in favour of the residents of Balilnacurra against Limerick City Council’s roll-out of bus lanes on Ballinacurra Road/O’Connell Avenue.
The decision could have serious implications for the rest of the country.
Following protracted debate, the introduction of bus lanes on Ballinacurra Road and part of O’Connell Avenue was approved by vote, although it was considered that this could be overthrown by the city manager.
The residents proceeded to seek a declaration that Limerick City Council was acting unlawfully in not using the Public Consultation Part 8 procedure, as provided for in the Planning and Development Regulations.
The Limerick Post was notified of the High Court ruling before going to press on Wednesday and when contacted, the city manager’s office replied:
“In the case of the judicial review proceedings brought by Kevin Hoare, Kevin Donnelly and Barry Donnelly against Limerick City Council, heard before Mr. Justice Nicholas Kearns on December 14, Mr Justice Kearns upheld the appellants case. The Judge has adjourned the matter to February 2, to hear submissions before finalising the order of the Court.
“Limerick City Council has no comment pending review of the judgment and consideration of the final order of the Court”.
However, Cllr Pat Kennedy, who had been to the forefront in bringing the objections of the residents to City Hall, said he is very pleased with the outcome.
“I have been against the roll out of bus corridors in this area for a number of justifiable reasons. I believe the High Court found for the residents under every heading”.
At this week’s meeting of the city council, a notice of motion submitted by Cllr Kennedy, called on City Hall to remove from its City Development Plan, any proposal to provide bus corridors on Ballinacurra Road/O’Connell Avenue.
The motion cited six reasons for rejecting the bus corridors from the area, and was signed by all nine of the Fine Gael councillors, including Mayor Maria Byrne.
Commenting on the High Court judgment, Cllr Michael Hourigan said the outcome will have “huge implications for Limerick city and the rest of the country.
“Up to now the city and county managers could overrule the councillors on issues such as this, but with this High Court ruling, a precedent has been set – this is a landmark case”.
