September 21st 2014:

Since the late 1970s, the people and many businesses and organisations such as An Taisce, the Archaeological Society and the Heritage Council, have been consistently opposed to the building of a large, concrete, fly-over type bridge in the centre of the medieval city of Kilkenny . This opposition has been so sustained that it was not until 2011 that the project finally received limited planning approval. Despite permission with strict conditions being granted to a much-restricted project, the Central Access Scheme (CAS), local concerns were not assuaged and opposition continued.
Local people are concerned, among other things, about the effect that this project will have on the medieval heritage and natural environment of the city. They are further concerned about the effect that the CAS will have on the sustainability on the tourist industry, the city’s main source of employment and revenue. Local people are similarly concerned that the type of development promised to accompany this project, namely international supermarket conglomerates and telesales support to international financial services, will impact corrosively on local and indigenous businesses and services.
The most recent sustained opposition to the CAS, a people’s protest at the site of the proposed bridge, began in July of this year. This protest evolved into the Save Kilkenny Campaign.
As already mentioned, planning permission for the project was limited and included a specific construction methodology, as the area in question, the Nore riverbank, is designated a Special Area of Conservation.
The Save Kilkenny Campaign noted breaches in this methodology once construction commenced. Concerned with resulting environmental damage, the Campaign sought assurances from Kilkenny County Council, both the developer and guardian in this instance. None was forthcoming. The Campaign then lodged a case with the High Court, regarding the validity of the works at the CAS Bridge, in Kilkenny. The case is scheduled to be heard on Monday, October 20th 2014.

The High Court granted an interim injunction, stopping all works on the CAS Bridge, on environmental grounds, on the Campaign’s first visit to the High Court, in September and a continuation of this injunction at the second Court visit, a week later. On our third visit however, the Court lifted the previous injunction and unprecedentedly ruled that the ‘Precautionary Principle’, which forms the basis of European Union Environmental Law, does not apply to Section 160 of the Planning Act and only applies to Judicial Review proceedings.

Counsel has advised us that this critically important issue, linking planning law and environmental protection, is an error in law. Therefore, Counsel has advised the Campaign to appeal the High Court decision to the Supreme Court to resolve this ruling in the public interest and to allow our case to progress on the 20th of October.
We are fundraising to support both our original legal challenge and the unexpected cost of the Supreme Court Appeal. This is no longer simply an important local issue, but is now also of National importance.

Please help by making a donation, details below.

Save Kilkenny Fund
AIB, the Parade, Kilkenny.

Sort Code: 93-31-98
Account Number: 49216064
BIC: AIBKIE2D
IBAN:IE42AIBK93319849216064

Cheques, made out to Save Kilkenny Fund
can be deposited to this account or posted to:

Ms.Pauline Cass,
Assistant Treasurer,
Save Kilkenny Fund,
27, Wolfe Tone St,
Kilkenny.