Galway County Council has conceded in an environmental group’s High Court challenge to emergency flood relief works at a scenic area in Connemara close to national landmark Kylemore Abbey.
At the High Court on Monday, the Friends of the Irish Environment group’s (FIE’s) senior counsel, James Devlin, instructed by FP Logue solicitors, told Ms Justice Emily Farrell that the legal case has now been conceded by the council.
The FIE had applied to the court to oppose the council’s authorisation of emergency flood relief works in and around Kylemore Bridge in Connemara. The group claimed the works, for which the council granted permission under the 1949 Local Authorities Act, are in breach of European Union laws designed to protect the environment.
It alleged sections of the 1949 Act are invalid and constitute a mis-transposition of EU directives on habitats and environmental impact assessments.
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Mr Devlin said the case had been due to be heard at the High Court on Tuesday but that the council communicated their concession last month.
The proceedings related to works in and around Kylemore Bridge over the Dawros or Kylemore river in north Connemara. The court previously heard the river is one of a few remaining habitats in Ireland where the rare freshwater pearl mussel can be found.
The court heard the council authorised itself to carry out the works, which included dredging the river, on what is locally known as the Iron Bridge, aimed at preventing flooding. It was claimed that the works may affect the mussel and salmon populations in the river.
The FIE claimed the council authorised works that were likely to have a significant effect on the environment, so a specific environmental screening should have been conducted.
It was claimed the council did not carry out any environmental assessments before the works began.
Ms Justice Farrell adjourned the matter for two weeks for the parties to consider how to proceed and to decide what orders they wanted from the court.
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