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River Fealge (Clonakilty) Flood Relief Scheme
From Department of Public Expenditure, NDP Delivery and Reform; Office of Public Works
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Notice under the ARTERIAL DRAINAGE ACTS, 1945 and 1995, and STATUTORY INSTRUMENT No. 469 of the EUROPEAN UNION (ENVIRONMENTAL IMPACT ASSESSMENT) (ARTERIAL DRAINAGE) REGULATIONS 2012.
The Minister for Public Expenditure and Reform, Mr Paschal Donohoe TD, in pursuance of the powers given to him by Section 7 of the Arterial Drainage Act, 1945 and of all other powers enabling him in that behalf, has confirmed the said scheme on 31 August 2017, subject to conditions.
The Commissioners of Public Works confirmed (letter received on 18 August 2017) that the Office of Public Works will comply with the terms of the conditions set out in the appendix to the Department of Public Expenditure and Reform’s letter of 15 August 2017. An Order dated 31 August 2017 gave effect to the confirmation.
The following documents are available:
Order dated 31 August 2017
River Fealge (Clonakilty) Flood Relief Scheme.
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Letter dated 31 August 2017 from DPER
River Fealge (Clonakilty) Flood Relief Scheme.
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Letter received 18 August 2017 from the Office of Public Works
River Fealge (Clonakilty) Flood Relief Scheme.
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Letter of 15 August 2017 to the Office of Public Works
River Fealge (Clonakilty) Flood Relief Scheme.
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Further information relating to the Scheme, including the Environment Impact Statement, is available on the OPW website. You can also read the River Fealge (Clonakilty) report here: Environmental Impact Statement Review: Recommendations to DPER. The conditions attaching to the confirmation of the scheme can be read here: Conditions attaching to confirmation of scheme.
Information for the public on the procedures available to review the substantive and procedural legality of the decision
A person wishing to challenge the validity of the decision may do so by way of judicial review only. A Judicial Review is a review of the decision making process such as failure to follow fair procedures, failure to consider relevant factors and failure to comply with statutory requirements.
The validity of a decision by the Minister may only be questioned by making an application for judicial review under Order 84 of The Rules of the Superior Courts (S.I. No. 15 of 1986). Any application for judicial review must be made within 8 weeks of the decision of the Minister. The Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment.
The general provision is that in such cases each party shall bear its own costs.
General information on judicial review procedures is contained on the following website: citizensinformation.ie.
Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions and it would be advisable for persons contemplating legal action to seek legal advice.