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Email:roscam.peninsula@gmail.com

roscam.peninsula@gmail.com

High Court turns down application for judicial review of refusal of planning on environmentally sensitive Roscam Peninsula

Dr. Martin Fahy • 12 June 2022

The Save Roscam Peninsula campaign welcomes the decision of the High Court to refuse an application

for judicial review for a controversial development on the environmentally sensitive Roscam Peninsula.

 

The lands in question (which were purchased as agricultural lands at auction by Sunmile limited in

2016) were rezoned for housing in a material alternation to the 2017 draft City Development Plan

following an eleventh-hour vote by City Councillors. This rezoning decision was against the advice of

the city executive and despite the documented environmental sensitivity concerns set out in the

council’s own environmental assessment report on the area.

 

The proposed development was located on the Roscam Peninsula close to two protected European sites

(Galway Bay SAC, and Inner Galway Bay SPA) the nearby ecclesiastical settlement including Roscam

Tower and two protected panoramic views across Galway Bay.

 

The applicant, Mary Harriet Madden, made three successful applications to Galway City Council for

planning on the lands in question, all of which were subsequently overturned on appeal by An Bord

Pleanála.

 

Following the February 2020 decision of An Bord Pleanála to refuse permission for the third time, the

applicant sought a judicial review of the Bord’s decision. In a judgement issued on 4th May, Mr Justice

Cian Ferriter refused the application for a judicial review.

 

In a further development, in a recent submission to the draft city development plan 2023-2029 the Office

of the Planning Regulator (OPR) has directed the City Council to remove the lands in question from

LDR zoning and revert them to their original agricultural high amenity designation.

 

Despite the unwarranted re-zoning of these pristine lands by councillors and the earlier

grant of permission by Galway City Council today’s decision and the direction from the OPR allows us

to have confidence that this important habitat can be protected from unwarranted development.

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