Kilkenny bridges dispute settled in High Court

A dispute related to works on two new bridges in Kilkenny city that are part of its Central Access Scheme has been settled in the High Court, on terms that include agreement that their construction breached no planning laws or regulations.

Christopher O'Keefe, of St James' Park, Freshford Road, Kilkenny, had initiated proceedings last year against Kilkenny County Council in relation to the Kilkenny Central Access Scheme Bridge and the Ossory Pedestrian Bridge. He secured temporary injunctions requiring the council to cease work at the bridges.

Mr O’Keefe had argued the construction of temporary access causeways, done to aid the building of the bridges, was causing environmental harm to the river.

Last September, when lifting the injunctions, Ms Justice Bronagh O’Hanlon rejected claims the works being carried out at the two sites on the River Nore were unauthorised developments.

The judge noted the works would facilitate public transport and amenity within Kilkenny city. She said there was no environmental damage where a new bridge was being built near Green’s Bridge and where a new footbridge was being constructed beneath the Ossory Bridge at Nore Linear Park.

Settlement terms

The agreed final terms of settlement of the proceedings were outlined to the President of the High Court Mr Justice Nicholas Kearns. Those terms stated that both developments are properly authorised and in compliance with planning consents.

Under the settlement, the court made an order that the Central Access Scheme for Kilkenny city was carried out in compliance with a decision of An Bord Pleanála of December 2011 and the requirements of the Planning and Development Acts 2000 to 2014.

It also made an order that the Ossory Pedestrian Bridge was constructed in compliance with a Kilkenny County Council resolution of April 22nd, 2014 under the relevant planning regulations.

The judge said the council had fully engaged with the board with regard to the Kilkenny Central Access Scheme Bridge and went through the required planning procedure in respect of the Ossory Pedestrian Bridge involving public consultation and submissions.

In a statement welcoming the settlement, Kilkenny County Council said it had secured the orders it had been seeking from the High Court in defending the action.

It said the settlement negated the need for a lengthy and costly court hearing, saving the council considerable expense, in circumstances where the council was prevented from recovering its legal costs even if successful at trial due to the protection afforded to Mr O’Keefe under the Aarhus Convention.

In consideration of this substantial saving, the council would make a contribution towards the legal costs of Mr O’Keefe, the statement said.