A legal challenge is being mounted to one of the first BusConnects corridors approved by An Bord Pleanála, with the risk of significant delays to Dublin’s flagship bus transport project.
An Artane resident is seeking permission from the High Court to take judicial review proceedings against the board’s decision to grant permission for the Clongriffin to City Centre corridor amid concerns over the location of a bus stop along the route.
The National Transport Authority (NTA) has sought permission for 12 dedicated bus lanes as part of its programme to overhaul the capital’s bus system. To date three have been approved: the Liffey Valley to city centre corridor in January, the Clongriffin route in February, and the Ballymun/Finglas to city centre corridor just last week.
Áine Kelly of Artane Cottages Lower has initiated judicial review proceedings on behalf of her neighbours and as part of the Save Our Malahide Road Bus Stops campaign. She said she and her neighbours are in favour of the BusConnects project, and the Clongriffin route, but are opposed to the removal of two existing bus stops with shelters on the Malahide Road and their replacement with one unprotected stop.
“There’re currently bus stops on the Malahide Road at Killester Avenue and Danieli Road on wide paths with shelters and seats. Both stops are being removed and replaced with a consolidated bus stop directly outside two of the cottages.”
Due to the narrow width of the footpath a sheltered stop cannot be accommodated. “So two existing bus stops with full amenities are being replaced, basically, by a pole. The cottages have no front gardens so all local bus users are going to have to stand on a narrow footpath directly outside people’s windows and doors, and the pressure will be doubled because two stops are being consolidated into one,” Ms Kelly said.
“It’s just a poorer service for everybody in the area, and for us as residents it’s going to impede our access to our own properties because we’ll be opening our front doors on top of people standing there waiting for a 24-hour bus service.”
Initiating judicial review proceedings was a “very difficult decision”, she said. “We are seeking to quash the entire planning permission because that’s how the process works and that’s not what we want. Us residents are in favour of the BusConnect project. Most of us use public transport on a daily basis, and want to have a better and more efficient bus service, we’re just against the positioning of this particular stop.”
The judicial review is being sought on a number of grounds, including that the NTA failed to follow procedures in terms of consultation, as well as constitutional issues in relation to property rights.
In response to queries from The Irish Times, An Bord Pleanála said it was aware of the case but noted the High Court had not at this point granted leave for the judicial review to be taken. “The board has not been served with a statement of grounds, and will consider these once they are served on the board.”
A spokeswoman for the NTA said as the Clongriffin project was now the subject of legal proceedings “it would not be appropriate to comment further on this matter at this time”.
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