Courts / Clare / Report

Permission given to challenge motorway services planned by Supermac's boss

Date
2023-07-24

Stage
Hearing Or Decision

Primary locality
Ennis

County
Clare

Summary

The High Court has granted partial leave for a challenge to a 2022 decision by An Bord Pleanala that approved a motorway service station near Ennis, Co Clare, for businessman Pat McDonagh. Judge Richard Humphreys allowed engineer Michael Duffy to seek to overturn the decision, provided he amends and serves the grounds of the challenge within a few weeks. Duffy argues the development will harm the local environment, citing a lack of an Appropriate Assessment under EU law and no evidence that wastewater would affect Special Areas of Conservation. The court declined leave on other grounds raised in 2022 and dismissed a 2021 judicial review where Duffy challenged Clare County Council's planning permission. Clare County Council and McDonagh are to be notice parties, not respondents. The case will return to court at a later date.