High Court Injunction lifted – but no real surprise.

September 15th 2014:

CAMPAIGNERS for Save Kilkenny said they are not surprised that a High Court injunction stopping work on two bridges in the city was lifted today (Monday).

Construction work on the Central Access Scheme bridge at Greensbridge and the footbridge at Ossory Bridge had been halted since Thursday, September 4.

Campaigner Enya Kennedy said: “Injunctions by their nature are temporary so we fully expected it to be lifted today. It’s rare for the State to injunct the State as they did on our two previous visits to the High Court. Incidences of Local Authorities being subjected to injunctions are rare.”

The injunction that was held in place for ten days was lifted by Ms Justice Bronagh O’Hanlon on a technicality on the specific understanding of the definition of a ‘causeway’.

“We welcome Ms Justice O’Hanlon’s judgement however we are surprised at one aspect of her ruling namely that ‘Precautionary Principle’, which forms the basis of European Union Environmental Law, does not apply to Section 160 of the Planning Act. We will be taking further advice on this,” she said.

She added that many of the campaigners’ concerns had been addressed with Kilkenny County Council now accepting an ecologist on site to monitor the River Nore for the duration of the project.

A full case will be heard in the High Court on Monday, October 20.

A press release issued by Kilkenny County Council, in response to the High Court decision states ” it is now the case that works on the CAS bridge and its supporting piers will continue for the time being but completion will be substantially postponed until June of 2015″.

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