The High Court has granted a local resident and a councillor leave to challenge Dublin City Council’s new cycle route on the Strand Road in Sandymount.
Mr Justice Charles Meenan however said he would only deal with an application to put a stay on the work, which is due to start next week, with the council being represented in court.
The challenge is being brought by Peter Carvill of the Serpentine Avenue, Tritonville and Claremont Roads (STC) group, and local Independent Councillor Mannix Flynn.
Installation of the route is set to be done in sections, and it is envisaged that the entire cycle route will be open to the public by the end of March.
When complete, the route will offer a separated protected cycle track from Merrion Gates to Sean Moore Road.
As part of the trial the inbound traffic lane will be removed on Strand Road.
The scheme will involve minimal civil works and will be installed to allow for localised changes or removal if required.
Access to all properties will be maintained.
Mr Carvill and Cllr Flynn claim that the council is incorrect in asserting the work required for this is exempt development.
Their counsel Neil Steen SC told the court today that the council argued it was not covered by planning legislation and was in fact an exempt traffic calming measure.
The council had also argued the project did not require an environmental impact assessment (EIA) or an appropriate assessment (AA).
Mr Justice Meenan said he was satisfied there were substantial grounds to bring judicial review proceedings following Mr Steen’s application.
While some preliminary work on the road has started, the judge said there was no indication works were to start immediately.
He would only hear an application to stay the work providing the council was given 72 hours notification of the application.
The judicial review proceedings are due back in court in April.