High Court dismisses proposed injunction on Malahide pedestrianisation

A High Court judge has dismissed an application requesting the pedestrianisation of New Street in Malahide be stopped until the judicial review of the scheme has been heard.

Last week, Mr Justice Charles Meenan rejected Nicola Byrne’s case calling for a cessation of the pedestrianisation until the formal judicial review is concluded.

The judge said that the case was not strong enough to grant the injuction.

Nicola Byrne, who lives on Malahide’s Old Street, said that Fingal County Council’s decision to pedestrianise New Street lacks legal authority and is fundamentally flawed.

She says that the scheme has created traffic congestion in other parts of the Malahide and has caused more anti-social behaviour in the area.

Byrne sought the injunction as she says the main judicial review may not be heard until next year, potentially nullifying her case as the reason for the pedestrianisation may be expired.

The council voiced its opposition to Byrne’s injunction case and main action.

Mr Justice Meenan said that Byrne was effectively seeking the same outcome that the judicial review application was applying for and thus, the threshold that she needed to reach for the injunction to be granted was high.

The court said that she did not submit a compelling enough argument, which included issues on European law, for the injunction to be grated.

Byrne described the levels of anti-social behaviour in “graphic detail” but the judge said that was a matter for the Gardaí and the balance of justice did not favour the imposing of an injunction.

After the ruling, Fingal County Council said it welcomed the court’s decision.

“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,” it said.

“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.”

Fianna Fail councillor Eoghan O’Brien, who supports the pedestrianisation project said he was “delighted” to hear the court’s ruling.

“People can continue to enjoy this space while supporting local businesses,” he said.

WAITING TO HEAR BACK FROM SAVE MALAHIDE VILLAGE CAMPAIGN.

With this ruling, the pedestrianisation of New Street will continue until the formal judicial review is resolved, which is due to be heard later this year.