The judicial review will have its first hearing before the courts next week.
A LEGAL CHALLENGE has been lodged against MetroLink, the planned rail line linking the capital with Dublin Airport and beyond.

An application for a judicial review of An Coimisiún Pleanála’s decision to grant permission to the project has been lodged by a number of residents of the affluent south Dublin suburbs near where the €9.5bn project will have a terminus at Charlemont.

Transport Infrastructure Ireland (TII) has said it “regrets the inevitable delay that will result”.

Dublin City University lecturer in procurement Paul Davis told RTÉ Radio 1′s Drivetime this evening that if the judicial review proceeds, a delay of at least 12 to 18 months to the project timeline is likely.

TII said today that the Metrolink project has undergone “three years of significant scrutiny and public consultation, including three rounds of extensive public consultation”.

The transport development agency described the MetroLink as “an imperative solution to addressing Dublin’s congestion challenges and meeting the transport needs of a rapidly growing population”.

“We remain hopeful that the matter will progress efficiently through the judicial review process and that the Railway Order will be upheld to allow us to move forward with the delivery of this vital nation-building programme at the earliest appropriate opportunity,” TII said.

Residents’ objections

There are 20 people listed in the case against the planning board’s decision. Many of the objectors are residents of leafy Dartmouth Square who have already made submissions to the planning board arguing that Charlemont was the wrong location for a terminus.

Residents had complained that streets nearby were small and already congested, and the terminus would create enormous issues for the local community.

Some residents now party to the proposed judicial review had previously complained to the planning board about the impact of MetroLink construction works, including on the value of their property on Dartmouth Square. Some residents called for the MetroLink to terminate at St Stephen’s Green in the city centre.

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An affidavit was filed yesterday and the application for the judicial review is due to be heard in the High Court for the first time on Monday.

Dublin solicitors BC Law, representing the residents, have been contacted for comment on the grounds for the judicial review.

An Coimisiún Pleanála has confirmed that it has been served with a judicial review against the Metrolink and that it will be mentioned in the Planning and Environment Court on 1 December.

A spokesperson said An Coimisiún Pleanála “is already preparing its defence of the judicial review”.

Delay

MetroLink is expected to begin construction in 2028 and it’s supposed to become operational in the 2030s. 

Paul Davis of DCU said this evening that if the judicial review goes ahead, the best case scenario was that it bring a delay of 6-9 months, but 12-18 months was more realistic. In the worst case scenario, there could be a delay of 2-4 years, Davis said.

He noted that the project has already gone to tender and added that news of the application for a judicial review could make companies planning to bid for contracts nervous given the start date was now uncertain, and less likely to bid.

Green Party transport spokesman Feljin Jose, a Dublin city councillor, said the motion for judicial review was “deeply disappointing news”.

“Dublin desperately needs MetroLink to reduce congestion, pollution and journey times,” Jose said.

I hope the case is dealt with swiftly by the courts and that it doesn’t delay the project for too long.

“I’ve been following this project since I was ten years old, it’s well past the time to build it.”

Taoiseach Micheál Martin said last month that judicial reviews are “killing us” when it comes to building major infrastructure in this country.

He noted that Ireland is an “outlier” over the amount of opposition that major projects face.