A High Court challenge is being brought by an environmental group to stop the grant of planning permission for the construction of a new cable car system linking Co Corks Beara Peninsula with Dursey Island.
An Bord Pleanla gave Cork County Council approval for the demolition of the existing cableway structure in November and the construction of a 2-way cableway with operating stations. It also includes a cafe, an exhibition centre on the mainland, and a car parking area.
According to planning documents the existing cableway can be used to operate a single six-person car, which is used by around 20,400 visitors annually. The new cable cars will be able to transport 15 people each, with a monthly limit of 5,000 users.
Mr Justice Richard Humphreys granted leave to the Friends of the Irish Environment Limited, (FIE), to allow it to continue with its judicial review challenge to the planning permission. He adjourned to a later date.
Kieran Cummins (director of the group), stated in a sworn declaration that the environment where the infrastructure will be placed is extremely sensitive. Both the island and the mainland sides have been captured within the Beara Peninsula Special Protection Area.
Social media’s impact
He stated that he believed that the popularity of Instagram and other social media sites had created a new level in interest in Dursey Island’s drama and beauty in recent years.
FIE is represented by Oisin Collins SC and instructed by OConnell & Clarke Solicitors. They are challenging the board’s decision on a variety of domestic and European law grounds.
It claims that the board erred in concluding this development does not adversely effect the integrity European sites. This is despite the fact that it was impossible to prove beyond reasonable scientific doubt.
It claims that the board did not scientifically justify setting a monthly limit for 5,000 visitors.
The applicant also claims that the board failed to properly assess any actual assessment in either an Environmental Impact Assessment (EIA), or Appropriate Assessments (AA), as required by law in both the European Union and national countries.
FIE seeks a quashing order in addition to a quashing order. FIE also seeks other declarations, including that FIE failed to properly transpose portions of the European Birds Directive, failing to place special conservation measures to ensure survival and reproduction for the chough-like Northern Fulmar birds and in connection to the Beara Peninsula SPA.
FIEs case against An Bord Pleanla and Ireland, as well as the Attorney General, is filed while Cork County Council is a notice part.
