Publication
Glashaboy River (Glanmire/Sallybrook) Flood Relief Scheme
From Department of Public Expenditure, NDP Delivery and Reform
Published on
Last updated on
From Department of Public Expenditure, NDP Delivery and Reform
Published on
Last updated on
Notice under the ARTERIAL DRAINAGE ACTS, 1945 and 1995, and Statutory Instrument No. 472 of 2019 European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 and (Birds and Natural Habitats Regulations 2011 (S.I. No.477 of 2011), the Minister for Public Expenditure and Reform, Mr. Michael McGrath T.D., in pursuance of the powers given to him by Section 7 of the Arterial Drainage Act, 1945 and of all other powers enabling him in that behalf, has confirmed the said scheme on 18 January 2021, subject to conditions.
The Commissioners of Public Works confirmed (letter received on 21st December 2020) that the Office of Public Works will comply with the terms of the conditions set out in the appendix to the Department of Public Expenditure and Reform’s letter of 14th December 2020. An Order dated 18 January 2021 gave effect to the confirmation.
The following documents are available:
Further information relating to the Scheme, including the Environment Impact Assessment Review, is available at https://www.floodinfo.ie/frs/en/glashaboy/home/ .
A person wishing to challenge the validity of the decision may do so by way of judicial review only. A Judicial Review is a review of the decision making process such as failure to follow fair procedures, failure to consider relevant factors and failure to comply with statutory requirements.
The validity of a decision by the Minister may only be questioned by making an application for judicial review under Order 84 of The Rules of the Superior Courts (S.I. No. 15 of 1986). Any application for judicial review must be made within 12 weeks of the decision of the Minister. The Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment.
The general provision is that in such cases each party shall bear its own costs.
General information on judicial review procedures is contained on the following website: citizensinformation.ie .
Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions and it would be advisable for persons contemplating legal action to seek legal advice.