High Court halts flood relief pipeline works in Co Roscommon
Friends of the Irish Environment (FIE) succeeded in a High Court judicial review to halt works on a flood relief scheme involving a 3km pipeline from Lough Funshinagh to Lough Ree, located 12km north of Athlone. The case, brought by FIE director Tony Lowes, was resolved before Mr Justice Garrett Simons on 25 August 2021, with Roscommon County Council consenting to orders quashing its decision to permit the works. The court was also told that a threat had been made against Lowes by persons linked to the Provisional IRA and/or Continuity IRA. The council agreed to carry out remedial works and pay FIE's costs.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court25 Aug
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- The works involved construction of a 3km pipeline taking water from Lough Funshinagh to Lough Ree as part of a flood relief scheme.
- Where
- The project is located some 12km north of Athlone in Co Roscommon.
- When
- The judicial review was resolved on 25 August 2021.
- Cause
- The proposed works had not been subjected to assessments under EU directives on Habitats and Environmental Impact Assessments.
- Investigation
- FIE launched proceedings to quash Roscommon County Council's decision to permit the works, and the court granted a temporary order halting work.
- In court
- The matter came before Mr Justice Garrett Simons, who was told the case was resolved with the council consenting to orders quashing its decision.
- The council consented to an order remediating the lands and to paying FIE's costs.
- Other details
- A threat was made by persons linked to the Provisional IRA and/or Continuity IRA against FIE director Tony Lowes.
- Roscommon County Council condemned the threat.
- Both Lough Ree and Lough Funshinagh are specially designated protected areas, with Lough Funshinagh being a special area of conservation.
- The council commenced works under the 1949 Local Authorities Act rather than seeking development consent under the 2000 Planning and Development Act.
- An expert report raised concerns about the impact on water quality, local wildlife including the Whooper Swan, and local ecology.
14 statements extracted from the articles
- whatThe works included construction of a 3km pipeline taking water from Lough Funshinagh to Lough Ree (irishtimes.com)
- whereThe project is located some 12km north of Athlone (irishtimes.com)
- courtFIE succeeded in its High Court action to halt works on a flood relief scheme in Co Roscommon (irishtimes.com)
- courtThe matter came before Mr Justice Garrett Simons on Wednesday (irishtimes.com)
- courtRoscommon County Council was consenting to orders quashing its decision permitting the works (irishtimes.com)
- courtThe proposed works had not been subjected to assessments under EU directives on Habitats and Environmental Impact Assessments (irishtimes.com)
- otherA threat was made by persons linked to the Provisional IRA and/or Continuity IRA against FIE director Tony Lowes (irishtimes.com)
- otherRoscommon County Council condemned the threat (irishtimes.com)
- otherLough Funshinagh is a special area of conservation (irishtimes.com)
- otherBoth Lough Ree and Lough Funshinagh are specially designated protected areas (irishtimes.com)
- otherThe council opted to commence works under the 1949 Local Authorities Act rather than seeking development consent under the 2000 Planning and Development Act (irishtimes.com)
- otherNo assessment or Environmental Impact Assessments were carried out before the works at Lough Funshinagh commenced (irishtimes.com)
- otherAn expert report raised concerns about the impact on water quality, local wildlife including the Whooper Swan, and local ecology (irishtimes.com)
- otherMany people living in the area have been subject to flooding in recent years (irishtimes.com)
The reporting
newest first- 25 Aug2021Environmental activist threatened by figures linked to IRA, court told
Reports the resolution of the FIE judicial review before Mr Justice Garrett Simons and the threat made to Tony Lowes by persons linked to the Provisional IRA and/or Continuity IRA.
victim, Tony Lowes, male, irish (judged from name)Tony Lowes