High Court dismisses challenge to stop Malahide pedestrianisation

The High Court has dismissed an application for an injunction reversing Fingal County Council’s decision to pedestrianise New Street, Malahide.

Earlier today Mr Justice Charles Meenan ruled that the applicant Nicola Byrne had not satisfied the court that her case was strong enough to allow the court to grant the injunction sought.

The judge adjourned her main challenge against the council’s decision until October.

The judicial review proceedings are continuing, but today’s decision means that New Street will remain pedestrianisationised until the High Court reviews all the issue included in the judicial review proceedings.

Responding to the High Court decision, Fingal County Council said:

“Fingal County Council welcomes today’s High Court decision to refuse an application for an injunction to reverse the pedestrianisation of New Street in Malahide.

“The judicial review proceedings are to be dealt with at a later date.”

“The Council pedestrianised New Street to provide a safe outdoor space which facilitated social distancing and outdoor dining in line with Government policy and NPHET recommendations around living with Covid-19.

“The result was a safe environment for the community to enjoy and go about their daily business, an opportunity for local businesses to operate under Covid-19 conditions and a Pedestrian Friendly, Age Friendly, Family Friendly and Cyclist Friendly Zone.

“The Council is currently considering permanent public realm enhancements at New Street for the benefit of the community and business.

“The Council has already committed to further consultation in this regard.”