THE High Court has granted permission for a challenge to a proposed sewage treatment plant and associated causeway on Mutton Island, Co Galway.
The application was brought in the name of Mr Raymond McBride, an actor who lives and works in Galway, on behalf of the Save Galway Bay Group, an association which is trying to preserve Galway Bay from "insensitive development".
Mr McBride was given leave by Mr Justice Budd to seek judicial review for an order quashing Galway Corporation's decision to invite tenders for the construction of a waste water treatment plant and causeway, made on February 9th.
A declaration is also being sought that the development, by virtue of its size, scale and location, requires an environmental impact assessment (EIA) to be carried out by the Minister for the Marine, and that the works should not proceed until it is prepared and considered.
Mr McBride also wants a declaration that the corporation has failed in its obligations under an EU directive on the conservation of wild birds and, in particular, articles relating to the conservation of natural habitats and of wild fauna and flora.
It is claimed the lands on which it is proposed to construct the plant and causeway come within the jurisdiction of the Foreshore Acts, 1933 to 1992.
The objectors claim the proposed development contravenes provisions of the statutory development plan for protection of views of special amenity value.
The development, it is claimed, will adversely affect a medieval fortification and lighthouse on Mutton Island which are listed for preservation, and will obstruct a navigable channel used since time immemorial for ordinary navigation purposes.
Mr John Rogers SC, making the application, said it was proposed to construct a causeway of 4.5 metres in breadth to reach out about 1,000 metres to the island across the foreshore.
There would be a 1.5 metre marine effluent pipe discharging south of the island. It was envisaged that the plant would provide for an increase in the population of Galway to 92,000.
Counsel said the Minister for the Marine, who was the appropriate minister, had not certified an environmental impact assessment as he would be required to do in this case.
It would appear that whatever assessments were made were not made by the Minister for the Mr McBride, in an affidavit said the Save Galway Bray Group had been expressing concerns over the proposed development since 1989.
He was concerned that the proposed development had not been decided upon in accordance with required and fair procedures, and that the proposed site was "fastened" on the back of a decision taken as early as 1984 when it was proposed to relocate a main drain pumping station to the island.