The High Court has dismissed a Kilfenora resident's challenge to two planning permissions allowing alterations to the village wastewater treatment plant in Co Clare.
Michael Duffy, an engineer living near the project with a particular interest in water quality, challenged An Coimisiún Pleanála decisions of 18 July 2025. One permission concerned a new gravity effluent pipe and connection to a pumping station at Ballybreen. The second covered changes to access and internal roads at the treatment plant and percolation area in Killcarragh and Ballybreen.
Mr Justice Humphreys said many of Duffy's central concerns related to the original wastewater treatment plant permission granted in 2020 rather than the limited amendments now before the court. Those concerns included flooding, discharge to a swallow hole and alleged differences between the approved and constructed development.
The 2020 permission had not been challenged. The court held that the later amendment applications could not be used as a collateral challenge to that earlier decision.
Duffy also argued that alleged unauthorised development meant the applications should not have been entertained. The court rejected that argument. Section 34(12) of the Planning and Development Act 2000 concerned applications to retain unauthorised development where environmental or appropriate assessment was required. These applications sought prospective permission for new works, not retention permission.
The court further held that Duffy had not discharged the evidential burden of showing that the Commission's appropriate assessments, Water Framework Directive assessment or consideration of his submissions were legally deficient. The proposed works were also not within a project category requiring environmental impact assessment.
The proceedings were dismissed. The court proposed no order as to costs unless a party applied otherwise.
The ruling does not decide Duffy's separate Circuit Court proceedings alleging unauthorised development at the Kilfenora plant, which remained ongoing.