Further environmental obligations are necessary before Roscommon County Council can proceed with flood-relief works at Lough Funshinagh.
A High Court injunction lodged by Friends of the Irish Environment (FIE) earlier in the month against Roscommon County Council (the Council) has caused works to cease.
This injunction brought both parties to the High Court yesterday but a resolution had been reached by the Council and FIE in advance of the court’s proceedings.
Commenting today, the Council said:
“Roscommon County Council has been left with no option but to accept that flood relief works at Lough Funshinagh cannot continue until environmental studies have been undertaken.
“It will not spend any more valuable time on litigation but, instead, will move forward with environmental assessments as soon as possible.”
It added that it “deeply regrets that the expectations of the local community have been dashed”.
The Council said that in the High Court yesterday, its legal representatives stated that it had acted for urgent humanitarian reasons to prevent flooding in exercising its powers under the Local Authorities (Works) Act, 1949.
But it accepted that there are further environmental obligations that the Council must comply with.
“The situation arose because the obligations under EU environmental law have not been transposed in respect of the Local Authorities (Works) Act, 1949,” the Council said.
“It is disappointing that it is going to take a bit longer to deliver a solution to the flooding hardship that the local community has to continue to endure.
“It was always the case that the works were being carried out to protect and keep the community safe. The legal challenge faced by this Council highlighted the legal obstacles that exist even when urgent works are required.
“Consideration should be given as to the transposition of EU law to apply to circumstances where such emergency intervention is required.”