[Stones] M3 go-ahead as objector drops case

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Meath Chronicle
Sat, Oct 07 06


NRA looks to June 2007 start to biggest ever road project

Paul Murphy

THE ‘Battle of Tara’ is over.

The last legal obstacle to the long-delayed M3 motorway has been
removed and work on the project will start in June of next year
following an agreement by an environmental campaigner to end a legal
action blocking the road’s construction.

The news got a warm welcome across the political spectrum yesterday
(Tuesday) and was described as a major boost to the creation of
infrastructure in the county which would draw inward investment.

Mr Salafia’s retreat from legal action - signalled in the Meath
Chronicle last week - had been rumoured in the past 10 days. He said on
Tuesday that he was pleased to announce that a settlement had been
reached before the Supreme Court in his case against the Minister for
the Environment, the Attorney General, Meath County Council and the NRA
regarding the excavation and planned construction of the M3 “through
the Hill of Tara archaeological complex.”

He said he had accepted an offer from the other parties to settle the
proceedings after advice from his lawyers that it was in the best
interests of the campaign to preserve the integrity of the Tara
complex.

In the agreement, he has agreed to withdraw his Supreme Court appeal in
return for their pledge not to pursue him personally for costs,
estimated to be s600,000.

Ominously, Mr Salafia said that the path was now clear for fresh legal
challenges to the M3 at Tara by independent third parties, “one of
which is understood to be under way.” However, the NRA said this week
that it knew nothing of any further legal actions against the project.

Mr Salafia had taken a judicial review of the 2005 decision of the
Minister for the Environment Dick Roche and was granted leave by
Justice Peart in July last year.

The hearing had been postponed by the president of the High Court, Mr
Justice Joe Finnegan, in anticipation of the then pending Supreme Court
ruling in the Carrickmines Castle/M50 case. The hearing went ahead in
January 2005 after the Carrickmines had been postponed for a third
time.

He said that the best result campaigners could have hoped for in the
Supreme Court was a rehearing in the High Court, followed by another
Supreme Court appeal. The substance of his case would now be brought
directly to the Environment Directorate of the European Union and he
was petitioning the EU to take legal action directly against Ireland
for breaches of EU law.

The total length of the N3 from Clonee to north of Kells swill be
around 60km and cover 700 hectares of land. It will be by far the
biggest ever road project ever undertaken in the county. The scheme
includes 60km of mainline and 50km of ancillary and access roads. The
NRA said that some archaeological work had been undertaken but other
major excavation would now take place in preparation for the start-up
of the project “post-May 2007.”

The removal of legal blockages to the construction of the M3 got a warm
reception across the political spectrum.

The Mayor of Navan, Colr Tommy Reilly, said that the news that the way
was now open for the building of the M3 was “brilliant.”

He added: “It is long overdue and just what we need to bring business
in County Meath. It should be a major boost in bringing industry in. It
will also help us to service properly the needs of people who have come
to live in the county.”

He said that it was imperative that all interests in the county would
now push for the railway line. This was a vital link in creating the
infrastructure which would ensure that Meath was able to avail of
inward investment.

Meath East Fine Gael TD Shane McEntee also welcomed the go ahead. “I am
very pleased that work will shortly start on the construction of the M3
motorway. It will be welcome news to the thousands of harassed
commuters who use the existing road to get to and from work and college
in Dublin.”

Many people had heartfelt views concerning the possible impact of the
project on the historic area around the Hill of Tara, he said. “The
experience of archaeologists should, I believe, be available during the
project to advise the contractors who will construct the motorway.”

North Meath TD Johnny Brady has welcomed the news. He said: “I welcome
very much that Mr Salafia has withdrawn his objection and that common
sense has prevailed at long last. This has been a long drawn out
battle. It has gone through one of the longest oral hearings in the
history of the State. It went through the planning process in Bord
Pleanala, it went through the High Court and was now in the Supreme
Court.

“I welcome the decision of Mr Salafia to withdraw his objection and
this leaves the way open for construction to start and we will
hopefully see the construction under way in the very near future.”

Colr Brian Fitzgerald, welcoming the ending of legal process, said
that, for too long, the development of the county had been held up. He
hoped that a number of projects which had been in the pipeline, and
were delayed because of legal action against the proposed M3, would now
go ahead.

It was now time for interests in the county to make sure that the
reopening of rail links in the county should proceed hand-in-hand with
the construction of the motorway.