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Residents' road battle could end up in the courts

IT'S a fiasco with no end in sight for one Dublin neighbourhood.

The issue of an internal road built by Beaumont Hospital on Dublin's northside -- which is up to two metres higher than adjoining private gardens -- could now end up in the courts, the Herald has learnt.

The local authority gave Beaumont planning permission for the route, which residents in the adjoining Ardmore estate in Artane say has seriously damaged their quality of life.



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Families say they had no idea the road was going to be built and have serious public safety concerns.

In the latest twist, Dublin City Council admitted it could be sued over the controversy.

The council has revealed it is "quite possible that the matter may be litigated" by any one of the parties.

Some residents, furious the road won approval, are considering legal action against the local authority.

They say the road, while internal, is used by general traffic including cars, ambulances and even articulated trucks.

Apart from being overlooked, they are concerned a vehicle could come over their back walls if involved in an accident.

The road rises to within a couple of feet of the top of garden walls and is only inches from property boundaries.

Fine Gael councillor Gerry Breen said he wants a speedy resolution to the dispute.

"I'm getting somewhat impatient with the delays. It has to be resolved sooner rather than later," he said.

"There is an imminent danger to the back gardens. All you need is for a bus to lose control and then there is calamity." The council and Beaumont could resort to the courts to resolve the matter.



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Senior planners, hospital management and the contractors who built the road have been in talks in recent weeks about the 'relative levels' of a section of the route, a council report stated.

"Some interaction has also taken place with the local residents living adjacent to this road," it added

"The discussions are now at a very sensitive stage and it's quite possible that the matter may be litigated by any one of the parties against any one or more of the other parties concerned," the report stated.

The council was unwilling to make further comment on the row as it "could adversely affect [its] ability to either defend or prosecute future legal proceedings", it added.

comurphy@herald.ie