Dublin City Council has won its appeal against a ruling that it could not build a cycleway on Sandymount’s Strand Road – reducing traffic to a one-way system – without planning permission.
In 2020, as part of Covid-19 mobility measures, the local authority proposed a temporary cycleway along the seafront restricting cars to one lane travelling southbound only.
A local residents’ group and an Independent councillor took a case against the project and the High Court found that the council could not proceed with the scheme without planning permission.
It appealed the decision because the ruling could have had implications for its ability to build other cycleways and implement traffic calming measures.
The Court of Appeal has found in the council’s favour, saying the original High Court judge did not have adequate information about the local authority’s decision-making process.
It also dismissed a counter-appeal by Councillor Mannix Flynn, saying the findings of the High Court – if upheld – would have serious implications for the executive functions of Dublin City Council.
The decision paves the way for the council to proceed with plans to build the cycleway on Strand Road and reduce traffic to a one-way system.
The local authority said that it will inform the public of its plans when it has studied the detailed judgment.
Community ‘should be consulted’ on what happens next
The Sandymount and Merrion Residents’ Association said that it is “delighted” there is clarity on the issue.
“If Dublin City Council (DCC) decides to proceed with a cycle lane on the Strand Road in Sandymount, in whatever form it takes, it must be integrated with the plans underway by OPW (Office of Public Works) and DCC to transform the seafront at Sandymount and not be a standalone project,” the group said in a statement.
“Whatever options DCC puts forward for a cycle lane the community should be consulted and have an opportunity to express a view.
“Having said that, nobody wants this positive development opportunity for the city to drag out indefinitely”.
Dublin Commuter Coalition said it is “very happy” with the decision, but added that the issue highlights the significant impact that legal challenges can have on local infrastructure projects.
“It is increasingly frustrating that cyclists have to wait so long for these vital safe routes so frequently, especially in the case of trials which can be very informative on whether to roll out more permanent infrastructure,” the coalition’s said.
