A legal challenge has been set in the High Court against the latest proposed BusConnects route from Blanchardstown to Dublin city centre. The litigation is led by two businesses, Lissan Coal Company (Ireland) Limited and LCC Properties and Investments (Ireland) Limited. These firms operate a self-service Go petrol station situated on Dublin 7’s Old Cabra Road. They argue that the proposed road modifications, which include bus gates blocking regular traffic, would put 94% of their customer base at risk.
The companies have claimed that ceasing normal traffic on the Old Cabra Road will drastically affect their location’s commercial viability. Both organisations, which have their registered headquarters in Co Monaghan, are appealing to the court to overturn An Bord Pleanála’s approval of the Blanchardstown bus corridor in June last year. They are also objecting to the compulsory purchase order that affects their site and its access rights.
The legal hurdle they have initiated is one of four pertinent to the bus corridors approved as part of Dublin’s primary bus project. A resident of Artane is challenging the permission granted for the route from Clongriffin to the city centre, and two legal proceedings have been initiated by businesses concerning the corridor from Blackrock to the city centre.
The NTA (National Transport Authority), responsible for the delivery of BusConnects, has obtained approval for half of the 12 bus corridors. This week, the high court granted Lissan and LCC permission to proceed with their claims against the Blanchardstown scheme.
Presided over by Mr Justice Richard Humphreys, senior counsel Eamon Galligan presented his clients’ argument that their business could be “completely wiped out”. He stated that Lissan and LCC are unique in the way the removal of right of way for the route severely impacts them, and that their challenge raises significant constitutional questions.
The suggestion put forth would result in the Go petrol station not having an entrance across the bus corridor. However, no measures have been put in place to provide his clients with recompense. He disclosed that he will be advocating for a pause to the repercussions of the endorsement of the project.
Aoife Carroll, a top-level barrister with the NTA, narrated that the dispute relates to a public project deemed “important”. She mentioned that no operations are presently being conducted and the lawyers representing the opposition should make contact with the NTA before seeking a pause.
The lawsuit is raised against An Bord Pleanála, the NTA, Ireland, and the Attorney General. One of the assertions made against the company is that the board is purported to have exceeded its authority in the endorsement of the project without any suggestions for alternative access for the petrol station. They assert that it was “unreasonable and irrational” for the planning authorities to assert that their business would continue despite the recent developments.