Courts / Kerry / Report

'Opportunistic attack' on traffic measures is dismissed

Summary

In a High Court hearing on 25 January 2022, Kerry Fish Ireland Unlimited Company lost its challenge to the re‑introduction of traffic calming measures in Tralee town centre. The measures, which had been temporarily lifted between March and May 2020 to aid local businesses during the Covid‑19 pandemic, were reinstated by Kerry County Council. Mr Justice Anthony Barr dismissed the case, describing it as an "opportunistic collateral attack" on the council's 2017 decision to impose the measures. He found no breach of the EU Habitats Directive, noting that restricting traffic for a few hours could not significantly affect any environmentally protected site. The judge also rejected the claim that the council's decision to lift the suspension was a new decision, stating it was merely the end of a temporary suspension. The court therefore dismissed the action.

Who, what, where, when and why

What: Report matter: 'Opportunistic attack' on traffic measures is dismissed. Procedural stage: hearing_or_decision

When:

• March 2020 Other
• May 2020 Incident
• 2022-01-25 Publication

Why: The action had been taken by the applicant company because it is one of the traders in the area who is not in favour of the measures, the judge added. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report