A legal challenge by a former attorney general John Rogers, aimed at overturning a planning approval for the Slane bypass in Co Meath, will be heard at the High Court in January.
Mr Rogers, a senior counsel, of Crewbane, Slane, says his lands will be affected by the proposed bypass.
Petrifying streams on the lands are particularly affected, Crewbane Marsh floods a number of times a year and An Coimisiún Pleanála had not obtained expert hydrologist advice about the impact of proposed deep trenching for the proposed route, he said in an affidavit.
When it approved Meath County Council’s application for permission last June, the commission did not have an adequate expert report concerning this significant road project adjacent to the Unesco Brú na Bóinne World Heritage Site of Outstanding Natural Value, which includes the Neolithic passage tomb at Newgrange, he also argues.
[ ‘Great day’ for Slane as long-awaited bypass gets approval from An Coimisiún PleanálaOpens in new window ]
That contrasted with 2012, when An Bord Pleanála refused the council’s first application for planning permission for the bypass, Mr Rogers said in a grounding affidavit.
The board’s refusal was for reasons including it was within the viewshed – the view of a geographical area from a specific vantage point – of the Unesco World Heritage site.
The board had commissioned a report by Dr Douglas R Comer, a former chief of the US national parks service responsible for all planning and development projects with that service, Mr Rogers said. A report by a person of the standing of Dr Comer was not before the commission in the second planning application, he said
Unlike 2012, there was no oral hearing where opinions and statements of the experts could be examined concerning the second planning application, Mr Rogers said.
What was “most noteworthy” was that the Environmental Impact Assessment report accompanying the second application approached the assessment on the project on the basis the world heritage site “is just another factor be to considered in the route selection”, he added.
In written observations to the commission, he objected to the “trenching of a highway” through the Boyne valley. He submitted there was no necessity for the bypass as the N33 was built years ago as the route to relieve Ardee, Collon and Slane and said traffic congestion in Slane would be relieved and resolved by restricting HGVs from using the N2 to pass through Slane.
The council responded a proper course of action was to implement improvements to the “sub-standard” national primary route and for HGVs to be retained on it. This ignores that Slane already has access to the M1 and M3 motorways designed for such traffic, he said.
The case by Mr Rogers, represented by barrister Michael O’Donnell, instructed by solicitor Gabriel Toolan, came before the High Court’s planning and environment list on Monday.
Mr Justice Richard Humphreys fixed a hearing date for January 15th, 2026. He was told the council is very anxious the case is heard quickly.
The road project involves construction of a 3.5km-long bypass around Slane village and includes a dual carriageway and a 258m-long bridge over the River Boyne.
The council has said the reasons for the 2012 refusal of permission were taken into account by the project team in its second application, as had changes to design standards, government policies and environmental legislation.
Slane is at the crossroads of two major arteries for traffic – the N2 which links Dublin to Derry and the N51 which links Delvin, Co Westmeath to Drogheda, Co Louth via Navan. An estimated 17,000 vehicles travel through the village daily via the N2 and N51.
There have been several calls over years for a bypass to address road safety concerns. In December 2023, local residents erected 23 crosses at Slane Bridge to commemorate the deaths of 23 people on the stretch of road, which has a particularly steep gradient.
