Motorway scheme appeal is settled

A legal action by an English property company, which was alleged to be holding up the South Eastern motorway scheme, has been…

A legal action by an English property company, which was alleged to be holding up the South Eastern motorway scheme, has been settled before the Supreme Court.

Jackson Way Properties Ltd, of St Paul's Square, Birmingham, yesterday withdrew its appeal against a High Court decision refusing the company leave to take a judicial review challenge to the decision by the Minister for the Environment to grant approval for the motorway scheme.

An agreement signed by all the parties to the action - Jackson, Dun Laoghaire-Rathdown County Council and the State - was handed into the court.

The Chief Justice, Mr Justice Hamilton, said the order of the Supreme Court would be one withdrawing the appeal on consent on terms agreed between the parties and dismissing the proceedings.

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Mr Justice Hamilton said there would be no order on Supreme Court costs.

In the High Court, Jackson had argued that the motorway development would bisect its lands at Carrickmines, Co Dublin and there would be inadequate access to the property.

The company owned 106 acres near the proposed Carrickmines motorway interchange. About 20 acres were acquired by Dun Laoghaire Rathdown County Council for the motorway.

When the matter was before the Supreme Court last month for the purposes of fixing a date for the appeal, Mr James Macken SC, for Jackson, said there was a dispute about what should go into the appeal.

An affidavit on behalf of the Council had claimed the appeal was holding up the whole of the motorway scheme.

Mr Michael Egan, head of corporate affairs at the National Roads Authority, yesterday welcomed the dropping of the appeal against the Southern Cross Route and said it was hoped work on the new road would begin in the latter half of next year.

This would enable the completion of the M50 ring road around Dublin city, he said.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times