The High Court has refused the Ballinasloe Chamber of Commerce’s challenge to Ballinasloe Town Council’s approval of a town enhancement scheme, finding that none of the grounds justified setting the decision aside.
The case was heard as a “telescoped hearing”, combining the application for leave to seek judicial review with the substantive proceedings. The Chamber challenged the council’s decision of 8 November 2011 to approve the scheme under the Planning and Development Act 2000.
The scheme included road resurfacing and realignment, new footpath paving, changes to parking bays, traffic-calming measures, lighting, signage, street furniture, tree planting and pedestrian crossings. Parking was a major concern during consultation and council debate. The proposal was amended from 125 spaces to 132, and councillors added three more at the meeting. The judgment said that left two fewer spaces than before, using a consistent method of measurement.
The Chamber raised four grounds. The judge refused leave on three: that the council gave inadequate reasons about parking; that people who made submissions were wrongly told they could appeal to An Bord Pleanála; and that the scheme required a Strategic Environmental Assessment.
On the reasons ground, the judge said the council manager’s report and detailed meeting minutes made clear why councillors supported the scheme, including their efforts to retain parking while improving the town centre. On the appeal information, a standard acknowledgement had been sent in error, but the judge found no evidence that it affected anyone’s submissions. The judgment also cited local newspaper reports saying no appeal was possible.
The judge rejected the SEA argument, concluding that the scheme was a one-off project and did not set a framework for future development consents.
The remaining ground concerned the council’s failure to formally notify Galway County Council, as required where another local authority’s area might be affected. The judge said there were substantial grounds for challenging the decision on that basis and indicated he would grant leave on that point. However, he concluded the omission was formal and technical: Galway County Council knew of the scheme, raised no complaint, and the Chamber was seeking to assert the county council’s notification right.
The court refused the reliefs sought. The judgment does not state that the scheme approval was quashed; the council’s decision therefore remained in place.