The Blanchardstown to Dublin city centre route is the latest proposed BusConnects corridor to be the target of a High Court challenge.
Two companies that own and operate an unmanned Go petrol station on the Old Cabra Road in Dublin 7 claim 94 per cent of their customers would be wiped out if the road changes proceed as proposed.
Lissan Coal Company (Ireland) Limited and LCC Properties and Investments (Ireland) Limited say the plan includes installation of bus gates that will prevent through traffic (other than buses, taxis and cyclists) from proceeding along the Old Cabra Road.
The companies, which have registered offices in Co Monaghan, say the removal of regular traffic will have a “catastrophic” effect on the commercial viability of their site. They are asking the court to cancel An Bord Pleanála’s decision of last June to approve the Blanchardstown bus corridor and a compulsory purchase order affecting its site and right of access.
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Their High Court challenge is the fourth concerning bus corridors approved as part of the capital’s flagship bus project.
An Artane resident is pursuing a case over permission for the Clongriffin to city centre route, while two court actions have been brought by businesses over the Blackrock to city centre corridor.
The National Transport Authority (NTA), which is charged with delivering BusConnects, has received planning permission for six of the 12 bus corridors.
Lissan and LCC secured High Court permission this week to pursue their claims over the Blanchardstown proposal.
Their senior counsel, Eamon Galligan, instructed by William Fry solicitors, told Mr Justice Richard Humphreys his clients’ business “is going to be completely wiped out”.
He said Lissan and LCC are the only owner/occupiers to be affected to such an extent by the removal of a right of way for the route and their case raises “serious constitutional issues”.
He said the proposal would lead to there being no access across the bus corridor to the Go filling station, yet there is no provision for compensating his clients. He said he will be seeking a pause to the effects of the approval of the scheme.
Aoife Carroll, senior barrister for the NTA, said the challenge concerns an “important” public infrastructure project.
She said no works are currently being carried out and the challengers’ lawyers should write to the NTA before seeking a pause of the permission.
The case is brought against An Bord Pleanála, the NTA, Ireland and the Attorney General.
Among the companies’ grounds of challenge is that the board allegedly acted beyond its powers in approving the project when there was no proposal to provide alternative access to the filling station.
They allege it was “unreasonable and irrational” for the planning authority to conclude their business would be able to continue.
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