The proposed pedestrianisation of Malahide street faces a court challenge, as Fingal County Council’s plans to transform New Street into a pedestrian haven have been met with legal opposition. The council’s vision for a car-free zone includes outdoor dining, new street furniture, and cycle stands, but not everyone is on board with the changes.
Key takeaways
- Fingal County Council’s pedestrianisation plan for New Street in Malahide is legally contested.
- Local resident Nicola Byrne has initiated a High Court action against the plan.
- The council’s decision is under scrutiny for potential legal and planning oversights.
- Byrne’s concerns include traffic, anti-social behavior, and environmental impacts.
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Legal Challenge Emerges
Nicola Byrne, a resident of nearby Old Street, has not only expressed her discontent but also taken legal action against the pedestrianisation proposal. Her concerns are rooted in what she perceives as a lack of comprehensive planning and oversight by the local authorities. Byrne’s legal team argues that the council’s decision is flawed on several fronts.
The case, which is Byrne’s second against the council’s pedestrianisation efforts, raises questions about the legitimacy of the council’s approach. The High Court has granted permission for the challenge to proceed, setting the stage for a detailed examination of the council’s pedestrianisation strategy.
Council’s Plan Under Scrutiny
Fingal County Council passed the pedestrianisation proposal with a significant majority vote, following an intense debate. The plan, which extends beyond pedestrianisation to include a range of public realm enhancements, is part of a broader vision for the village. However, the council’s ambitious project is now under legal examination.
Byrne’s legal argument suggests that the council’s chief executive failed to adequately consider the development’s impact on the village’s planning and sustainable development. The High Court has heard that this oversight, among others, could render the pedestrianisation plan invalid.
Concerns Over Impact
The challenge also brings to light concerns about increased traffic and anti-social behavior resulting from the pedestrianisation. Byrne’s previous legal action in 2021, which is still before the court, highlighted these issues. The claim is that the pedestrianisation has inadvertently created additional problems for the village.
Moreover, Byrne’s latest legal action contends that the decision-making process did not properly account for environmental factors, such as traffic hazards and the cumulative effects of multiple local developments. These concerns extend to the potential risks associated with the diversion of traffic and increased cyclist activity.
Next Steps in the Legal Process
The High Court, presided over by Mr. Justice Richard Humphreys, has adjourned the case to allow the State and An Bord Pleanála to prepare their responses. Fingal County Council, represented by barrister Aoife Carroll, has expressed a desire to move forward with the public realm works, emphasizing their importance to the community.
As the legal proceedings unfold, the future of New Street’s pedestrianisation hangs in the balance. The council’s plans, while supported by many, must now withstand the scrutiny of the High Court to determine if they can be legally implemented.
| Aspect | Details |
|---|---|
| Planned Enhancements | Outdoor dining, street furniture, cycle stands |
| Council Vote | 22 in favor, 9 against, 5 abstentions |
| Legal Concerns | Planning, anti-social behavior, environmental impact |
| Next Court Mention | Scheduled for June |
The proposed pedestrianisation of Malahide street is now a subject of legal contention, with the High Court set to deliberate on the matter. The outcome of this case could set a precedent for how public realm projects are planned and implemented, highlighting the need for thorough legal and environmental considerations. The community of Malahide awaits the court’s decision, which will ultimately shape the future of New Street.
