Sandymount cycleway can go ahead after Dublin City Council wins court appeal – The Irish Times

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Court of Appeal Ruling

The Court of Appeal overturned a High Court decision, allowing Dublin City Council to proceed with the proposed Sandymount cycleway on Strand Road. The High Court had previously halted the project, citing issues with the temporary nature of the cycleway and the lack of environmental impact assessment (EIA) or appropriate assessment (AA).

Key Findings

The Court of Appeal found the High Court erred in its judgment. Specifically, the higher court determined that the High Court was incorrect in its assessment regarding the temporary nature of the cycleway and the necessity of EIA/AA. The Court of Appeal also dismissed claims about fundamental flaws in the council's screening process for EIA and AA.

Council's Duty of Candor

While acknowledging the council's breach of its duty of candour due to belated disclosure of relevant information, the Court of Appeal deemed the breach inadvertent and accepted the official's apology. The court stated that this breach did not prevent the council's appeal from succeeding.

Cycleway Plan Details

The Strand Road plan involves transforming a two-way road into a single outbound lane for vehicles, with the other lane designated as a two-way cycle track. This includes removing a traffic island, mini-roundabouts, and installing bollards.

Previous High Court Decision

In 2021, the High Court quashed the council's scheme, arguing, among other points, that the cycleway would not be temporary as the council had claimed.

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