The National Transport Authority (NTA) is asking the High Court not to allow a woman to bring proceedings challenging a part of the BusConnects programme.
Lawyers for the authority asked the court to schedule an early hearing for the contested preliminary application as the case concerns an “important infrastructure development” for Dublin.
Artane resident Aine Kelly, who does not have legal representation in the case, is opposed to the removal of two existing sheltered bus stops on Malahide Road and their replacement with one unprotected stop. She is seeking to challenge aspects of An Bord Pleanála’s decision to permit the Clongriffin to city centre corridor.
On Monday, barrister Aoife Carroll, for the NTA, said her client would be contesting Ms Kelly’s application for the court’s permission to bring her case. She said there was “some urgency” to this matter being heard given the nature of the development and because the NTA is anxious to progress certain procurement procedures.
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Ms Kelly, a university lecturer with an address at Artane Cottages Lower, told the court she was happy for an early hearing of her application as she did not want the matter to “drag on”.
Mr Justice Richard Humphreys scheduled for her application to be heard on June 4th.
Typically, these “leave” applications (seeking court permission to proceed) are heard while only the applicant is present in court, but Mr Justice Humphreys last month instructed Ms Kelly to formally notify the NTA (a notice party) and An Bord Pleanála (the defendant) about her application.
[ Legal action from Artane residents threatens new BusConnects corridors in DublinOpens in new window ]
Among Ms Kelly’s allegations is that the NTA did not follow proper procedures and failed to notify her and other affected residents of the proposed new bus stop arrangement.
She claims detailed observations from residents were not properly considered by the NTA or An Bord Pleanála.
She alleges the proposed bus stop was a late-stage design change and is the only stop in the BusConnects scheme that would be in front of houses without front gardens. There is insufficient footway to accommodate the stop and residents would experience reduced enjoyment of their properties, she claims.
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