Press Release 14 April 2015 Christopher O’Keefe v Kilkenny County Council Settlement of High Court Proceedings

PRESS RELEASE

14th April 2015

Christopher O'Keefe v Kilkenny County Council
Settlement of High Court Proceedings

Kilkenny County Council welcomes the settlement of High Court Proceedings surrounding the Kilkenny Central Access Scheme Bridge and the Ossory Pedestrian Bridge. The settlement provides confirmation that both developments are;

1. properly authorised developments and
2. compliant with planning consents.

On the 14th April, 2015 the High Court made a number of Orders in respect of this case as follows;

1. The Central Access Scheme for the City of Kilkenny, which is the subject of these proceedings, has been carried out in compliance with the decision of An Bord Pleanala made on the 12th day of December, 2011 under their reference 10.HA0014 and the requirements of the Planning and Development Acts 2000 to 2014;
2. The Ossory Pedestrian Bridge, which is the subject of these proceedings, has been carried out in compliance with the Resolution of Kilkenny County Council made on the 22nd day of April, 2014 pursuant to Part 8 of the Planning and Development Regulations 2001 and the requirements of the Planning and Development Acts 2000 to 2014;

Kilkenny County Council also notes that the terms of Settlement make specific reference to Paragraph 32 of Justice Bronagh O'Hanlon's High Court Judgement dated 15th September, 2014 the details of which are set out below;

''The Court concludes that both bridges are authorised developments and that there has not been a breach of the planning consent. The structure at the KCAS Bridge is a localised containment structure to be removed on completion and is not a temporary access causeway. The Respondent engaged fully with the Board in respect of the KCAS Bridge and also went through Part VIII procedure in respect of the Ossory Footbridge involving public consultation and submissions. The applicant made no submissions under the public consultation process for either Board Pleanala or the Part VIII procedure. The respondent engaged with all relevant statutory bodies such as IFI, EPA and NPWS regularly and fully, and inspected and reviewed the works on an ongoing basis.''

In agreeing to this settlement Kilkenny County Council has acquired the Orders it was seeking from the High Court in defending this action.

The settlement negates the need for a lengthy and costly High Court hearing, saving the Council considerable expense, in circumstances where the Council was prevented from recovering its legal costs, even if successful at trial, by virtue of the protection afforded to the Plaintiff under the Aarhus Convention. In consideration of this substantial saving Kilkenny County Council will make a contribution towards the legal costs of the Plaintiff.

Ends

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