30 Nov 2021

Judicial review sought over Mohill public realm plan

Major transformation of Mohill in proposed new plans

An artists impression of Mohill's Public Realm works

A judicial review is being sought against An Bord Pleanala over its handling of a Part 8 Public Realm plan to enhance the streetscape of Mohill.

Independent Cllr Des Guckian is seeking to bring judicial review proceedings against An Bord Pleanála over its decision last March that an assessment of the Mohill plan was not required under the EU Habitats Directive.
Director of Services at Leitrim County Council Joseph Gilhooly gave a brief outline of the matter at Carrick-on-Shannon Municipal District meeting this week, after he was asked for an update on the situation by Mohill councillor Thomas Mulligan.
Mr Gilhooly said Leitrim County Council is a notice party in the proceedings.

He stated that the €2.5m project for Mohill town centre which was approved by councillors following a number of changes to the original plan was appealed to An Bord Pleanala.
An Bord Pleanala upheld the local authority's decision.

Mr Gilhooly said a High Court action seeking a judicial review was brought in October and it was adjourned to next month.
The case next month will decide if a judicial review will be approved.
When asked by Cllr Mulligan if the plan for Mohill will be jeopardised by the legal proceedings, Mr Gilhooly said it is “too early to say.”

He understands contracts to start the project are expected from the department shortly. If the judicial review is granted next month this will impact the projected time scale.
The judicial review is based on the decision by An Bord Pleanala that an assessment of the Mohill plan was not required under the EU Habitats Directive.

This assessment would consider the likely effects of the construction plans on the integrity of any neighbouring areas of conservation.
The River Rinn, which is a designated natural heritage area, runs under Main Street, Mohill and is upstream from Lough Forbes, which is in a special area of conservation.

Permission for the judicial review was brought to the High Court earlier this month. Mr Justice Charles Meenan directed the board and Leitrim County Council, which is a notice party, be put on notice of the application and the matter will return before him next month.

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