Legal challenge taken over decision to pedestrianise Malahide street

A High Court challenge has been brought over Fingal County Council’s decision to pedestrianise part of Malahide village in north Co Dublin.

Last month, the council made a decision to pedestrianise New Street in Malahide. The decision, aimed at aiding outdoor dining, came into effect over the June bank holiday weekend.

Nicola Byrne, a company director who lives in nearby Old Street, claims the council’s decision is flawed and should be set aside. The council lacks the legal authority to implement the development, she claims.

The plan will result in additional traffic being put onto narrow unsuitable streets in Malahide, supposed to be prioritised for cycling and walking, she contends.

The pedestrianisation, it is also argued, does not form part of the Fingal County Council Development Plan or the Malahide Public Realm Strategy adopted by the council.

Represented by Alan Doyle BL, Ms Byrne had objected, on her own behalf and on behalf of a range of other businesses and residents in Malahide, to the council’s proposal when it was first made public on May 10th last.

Failure

The street had been pedestrianised between June and November 2020 and the council had deemed that a failure, it is claimed.

It is claimed that pedestrianisation had resulted in significant complaints to gardaí of alleged anti-social behaviour by gangs of youths drinking and doing bicycle stunts.

Businesses in Malahide also claimed the pedestrianisation resulted in lost business, it is argued.

It is claimed the nature of the works proposed as part of the overall pedestrianisation proposal are likely to have a significant effect on the environment and an appropriate screening has not been carried out as required.

In her judicial review proceedings against the council; the Minister for Housing, Planning and Local Government; Ireland and the Attorney General, Ms Byrne seeks various reliefs, including an order quashing the decision to pedestrianise New Street.

Permission to bring the challenge was granted on an ex-parte basis on Monday by Mr Justice Charles Meenan who returned the matter to October.

The court heard the council intends to oppose any application by Ms Byrne for a stay on the council’s decision.