An attempt to adjourn the oral hearing by An Bord Pleanála into the M3 motorway in Co Meath because the High Court is considering a challenge to the validity of the Meath County Development Plan has been unsuccessful.
The application was made at the start of the oral hearing yesterday by Mr Eamon Galligan SC, for Ms Sarah Maher, of Ardbracken House, Navan.
She is one of over 300 individuals and groups who have lodged objections to the scheme, which will be 60 km long and run from Clonee to north of Kells. It will replace the existing N3, will cost €600 million to build and it is proposed that it will be tolled.
Mr Galligan argued that if the High Court finds the plan is invalid, the current hearing would be futile and have taken place at great expense to the taxpayer. The council would then have to make another development plan that would form the basis for the motorway scheme.
Mr Pat Butler SC, for the local authority, said the council was confident the 2001 development plan was valid and if it was struck down by the High Court, the previous development plan of 1994 sufficiently identifies the building of the motorway. He also stated that the definition of a road in the Roads Act allows for a road that is tolled.
Mr Brendan Devlin, the inspector appointed by An Bord Pleanála to hear the objections, was told the application to adjourn was supported by counsel for the Columban Missionaries of Dalgan Park, Navan. The order has made submissions on the environmental impact statement.
The hearing is expected to last three weeks, after which Mr Devlin will report to the planning appeals body.