Galway City Councillor takes fight over Merlin Woods tree felling to the High Court

The legal challenge is understood to seek a High Court declaration that Galway City Council's tree-felling project was unlawful.

Speaking to the Galway City Tribune, Cllr Cheevers said he has serious concerns about the Council entering into a 'cost-neutral' contract and questioned the implications for public funds and the procurement process.

He believes the Council "changed tack" from its original approach of removing only fallen and damaged trees.

"I want to set a precedent," he said.

"I want to make sure this never happens again. It is a very important green space for the east side of the city. We cannot decimate it."

His challenge raises concerns about a lack of consultation with local councillors, compliance with the City Development Plan and whether proper environmental assessments were carried out.

That's according to local environmental group Friends of Merlin Woods, which has welcomed the legal action.

While Friends of Merlin Woods previously secured an interim High Court injunction in relation to the felling of trees, Cllr Cheevers has now initiated separate judicial review proceedings, which were lodged with the High Court on November 5.

Local resident and community activist Claire Hillery is also named in the judicial review proceedings alongside Cllr Cheevers.

Cllr Cheevers acknowledged to the Galway City Tribune that some may regard the legal action as a waste of taxpayers' money but maintained that the situation must be tackled.

He is confident that money for the East Ward area is already ringfenced for several key projects and this action will not affect that funding.

He also raised concerns about a lack of monitoring of the number of trees being felled in Merlin Woods and said he felt compelled to take legal action.

Cllr Cheevers said he understands that mediation is underway and that the Council is willing to "have a conversation".

He also questioned the renewed focus on anti-social behaviour at Merlin Woods, describing it as an ongoing issue for the past 15 years.

"Suddenly we are all worried about anti-social behaviour," he said.

Friends of Merlin Woods said it welcomed the judicial review and believes the legal action reflects the strength of feeling in the community about the Council's plans.

"We greatly welcome the fact that Cllr Cheevers and Claire Hillery have taken their own legal action in order to have the Court adjudicate on the issue, and we are certain that they have the support of the local community in doing so," the group said.

It acknowledged that there are now two sets of legal proceedings before the courts, which limits what it can say publicly.

An interim High Court injunction remains in place under Section 160 of the Planning and Development Act, following legal action initiated by Friends of Merlin Woods.

Following proceedings before Mr Justice Humphreys last month, both parties were asked to engage in discussions, and mediation talks aimed at resolving the dispute have begun.

Both Galway City Council and Friends of Merlin Woods were asked to agree variations to the injunction, which would otherwise be argued before the High Court.

Friends of Merlin Woods opposes the clear-felling of a substantial portion of Merlin Woods, while the Council maintains that an independent arborist recommended harvesting the area following Storm Éowyn.

"Friends of Merlin Woods, as we have said previously, never saw ourselves as having to get involved in legal disputes, particularly with Galway City Council," it said.

"However, the fact that there are now two sets of legal proceedings against the Merlin Woods development indicates the strength of feeling across the community on the east side of Galway City and indeed the city generally about this issue."

At this month's meeting of Galway City Council, Chief Executive Leonard Cleary appealed to all sides to sit around the negotiating table.

While he did not reference Cllr Cheevers' judicial review proceedings, he said the focus should be on tree replanting and not the courts.

"Galway City Council is very much interested in getting around the table in dialogue with any stakeholders," he said.

"We encourage all parties, current and new, to get around a table to develop a shared understanding."

He said the "spirit is there to engage and find a solution".

"We want to invest our money in replanting trees, not in the courts," he said.

Mr Cleary was responding to a request for an update from Labour Cllr John McDonagh.

"I want to encourage people to get around the table, engage in mediation, and move on," he said.

The Council has plans to replant the area with native broadleaf trees.

Meanwhile, more than 40 local organisations have backed Friends of Merlin Woods, calling for the removal of fallen and storm-damaged trees only, alongside gradual replanting using sustainable woodland management practices.

The Galway City Community Network warned that current plans could see 46% of the woodland clear-felled and raised concerns about biodiversity loss.

When contacted, Galway City Council said it did not want to comment “at this time” as the case is before the High Court.

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