An anglers group has launched a High Court action against An Bord Pleanála’s decision allowing Meath Co Council to build 47 homes in Kells.
The action has been taken by Kells Anglers Association and its secretary, Ciaran O’Kelly, over the board’s decision to allow the council construct 47 dwellings and to demolish and renovate existing derelict buildings at Carrick Street, and Maudlin Street in the Meath town.
The association and Mr O’Kelly have brought the proceedings over the biological health of the river Blackwater. and have concerns about the increasing load on the local wastewater system.
The association claims the decision is invalid and should be set aside because the board failed to address the face that sewage from the proposed development would discharge into a sewer designed to overflow during times of heavy rain.
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The anglers claim the overflow would end up, in breach of EU law, in a local stream that flows into the river Blackwater, a environmentally sensitive and protected area.
It is claimed that Uisce Éireann’s finding that it had capacity in its local wastewater network to facilitate the proposed development is invalid, on grounds including that the discharge to the sewer during times of heavy rain is not monitored.
The applicants further submit that An Bord Pleanála gave inadequate reasons why Enviromental Impact Assessments and Screening for possible effects on the environment, were not carried out in respect of the proposed development.
Permission was granted by the board in February. The judicial review action is against both the board and Uisce Éireann. Meath County Council is a notice party to the action.
The applicants seek various orders and declarations from the court including an order quashing the planning permission granted. They also seek an order quashing Uisce Éireann’s decision that a connection between the proposed development and the local wastewater network could be facilitated.
The matter was briefly mentioned before Mr Justice David Holland during Friday’s vacation sitting of the High Court. The judge deemed the application formally opened before the courts, and adjourned the matter to a date in May.
It is the second such application brought by association, one of Ireland’s oldest fishing clubs, and Mr O’Kelly over water quality and pollution concerns this month. They have also brought proceedings against An Bord Pleanála and Uisce Éireann over a decision to grant the county council permission or 22 new homes and ancillary development at Archdeaconry Glebe, in Kells.
Permission was granted by the board in early February. It is also challenging Uisce Éireann decisions of October 2019, March 2021, and October 2023, stating that a connection to the wastewater network could be facilitated in respect of that proposed development.
That case will also return before the courts in May.
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