Monday 21 May 2018

Irish Water faces land CPO appeal

Both parties lodged objections to CPOs sought by Irish Water over the land. Stock image
Both parties lodged objections to CPOs sought by Irish Water over the land. Stock image

Tim Healy

A businessman and a cash-and-carry firm have brought a legal challenge to Bord Pleanála's decision to grant a compulsory purchase order (CPO) for land Irish Water says it needs to increase the capacity of a Kildare sewerage system and reduce overflows into the River Liffey.

Irish Water wants to increase capacity of the system serving Newbridge to facilitate future growth of the town. It needs to upgrade the Upper Liffey Valley Sewerage Scheme by laying 9.9km of pipes between Kilbelin, south of Newbridge, and Oberstown waste treatment plant, to the west of Naas.

It requires land owned by businessman Dermot Cox, Rosetown Stud, Athgarvan, Newbridge, and occupied by Thurles Wholesale Cash and Carry, with registered offices at Kilbelin.

Both parties lodged objections to CPOs sought by Irish Water over the land.

Last November, An Bord Pleanála recommended the CPO be confirmed without modification.

Yesterday, Irish Water applied to have the case dealt with through the fast-track Commercial Court because of its urgency.

Mr Justice Brian McGovern admitted it to the commercial list and set a provisional hearing date in July.

In an affidavit supporting the fast-track application, Brian Sheehan, an engineer employed by Irish Water's parent company, Ervia, said the improvement works were urgently needed because the treatment plant at Oberstown in Naas has already been specifically referenced in infringement proceedings by the EU against Ireland in the Court of Justice of the EU.

Irish Independent

Business Newsletter

Read the leading stories from the world of Business.

Also in Business