Councilor seeks to challenge city improvement plan due to pollution concerns
An independent adviser is seeking to challenge a plan to improve a central Co Leitrim town in the High Court because he believes the dust and runoff created by the works could potentially pollute a river.
Cllr Des Guckian is seeking judicial review proceedings against An Bord Pleanála for its ruling last March that an assessment of the Mohill Plan was not required under the EU Habitats Directive.
This would allow an assessment of whether the proposal is likely to have significant adverse effects on the integrity of any neighboring conservation areas.
The River Rinn, which is a designated natural heritage area, passes under Main Street, Mohill and sits upstream from Lough Forbes, which is in a Special Conservation Area.
Mr Guckian opposed Leitrim County Council’s “public realm project” to improve the town center, including relocating street lighting and furniture and improving landscaping.
He believes the works are likely to spill dust, rubble and other material that will end up in sewers and waterways and contribute to what he calls “continued pollution” of the river, local lakes and bogs.
The adviser asked the council last January to determine whether an appropriate assessment under the EU directive should be carried out. The council refused.
Alan Doyle BL, on behalf of Mr Guckian, on Wednesday applied to Judge Charles Meenan for leave to initiate judicial review proceedings in a one-sided motion.
The judge ordered council and council, which is a party to the notice, to be made aware of the request and the case could come back to him next month.