An interim order preventing Wicklow County Council from removing trees, shrubs or other vegetation from the Glen of the Downs was granted by the High Court yesterday evening.
The injunction, which applies until Monday, was granted to Mr Dermot Murphy, a computer programmer, formerly of Dublin and now with an address at Neale Road, Ballinrobe, Co Mayo. It means tree-felling which was begun by the council earlier this week as part of preparatory work for a dual carriageway through the glen cannot proceed before Monday. It is expected the council will seek to have the order lifted on Monday while Mr Murphy will apply to have it continued. Hours earlier, the Supreme Court dismissed an appeal by Mr Murphy against the High Court's refusal last Thursday to grant him leave to take fresh judicial review proceedings challenging the road scheme.
The High Court also refused to grant an injunction against Wicklow County Council and the Minister for the Arts, Heritage, Gaeltacht and the Islands. Although the Supreme Court refused Mr Murphy's appeal yesterday afternoon, the Chief Justice, Mr Justice Hamilton, said that did not prevent Mr Murphy taking plenary proceedings. Later yesterday evening, Mr Michael O'Donnell, for Mr Murphy, applied to Mr Justice Kelly in the High Court for an interim order in plenary proceedings.
Mr O'Donnell said that on August 14th last, while judicial review proceedings by Mr Murphy were before the Supreme Court, the Government had made an order designating the glen as a special area of conservation under the EU Habitats Directive. Under regulations implementing that directive, a local authority was required to carry out an assessment of the site and no such assessment had been carried out. Mr O'Donnell said the council had begun felling trees on December 7th and he feared this would continue over the weekend and could be completed by Monday. That was why the application was urgent.
Mr Justice Kelly said Mr Murphy had shown there was a serious issue to be tried. He granted an interim order and adjourned the matter to 11 a.m. on Monday or until a further court order.