An environmental advocacy group has brought a High Court challenge against an aspect of a long-delayed service station development outside Ennis, Co Clare.
Friends of the Irish Environment’s (FIE) challenge is seeking to quash a wastewater connection agreement between Uisce Éireann and the service station developer, Supermac’s founder Pat McDonagh. This agreement allows for the new service station to be connected to Uisce Éireann’s wastewater treatment plant at Clareabbey, close to Ennis.
FIE, which was granted permission by the High Court in September to bring the challenge, claims the Clareabbey treatment plant is overloaded, receiving wastewater in excess of its treatment capacity. The group alleges Uisce Éireann breached legislation by entering into the agreement with Mr McDonagh in circumstances where the plant is overloaded.
FIE’s case is against Uisce Éireann. Mr McDonagh, the Environmental Protection Agency, and the Attorney General are notice parties in the action.
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Mr McDonagh first lodged plans for the service station over a decade ago, eventually securing planning permission from An Bord Pleanála (now An Coimisiún Pleanála) in 2022.
The grant of planning permission was previously the subject of a separate High Court challenge, but the planning authority’s decision was upheld by the court last year.
Work on the development, located off the M18 at Kilbreckan, Doora, near Ennis, began in February.
On Monday, barrister Alan Doyle, instructed by FP Logue Solicitors and appearing for FIE, told Mr Justice Richard Humphreys that his side had previously sought a stay on the operation of the connection agreement.
Following this, Uisce Éireann had in correspondence, stated it would provide 14 days’ notice before undertaking work at the development. In light of this, Mr Doyle said the court did not need to get involved at present in respect of the stay.
Alan Keating SC, appearing for Mr McDonagh, said he had instructions to contest any application for costs protection by FIE.
In its court documents, FIE says the Environmental (Miscellaneous Provisions) Act 2011, which provides that parties in certain cases relating to environmental issues bear their own legal costs, applies to its case against Uisce Éireann.
The case returns in November.
