SERIOUS concern has been expressed for the future of the New Ross bypass following a High Court challenge to the route that was approved by An Bord Pleanála.

'I'm getting worried about it,' was the frank admission by Eddie Breen, County Manager and National Roads Authority member, at Monday's meeting of Wexford County Council.

Mr Breen revealed that the Compulsory Purchase Orders for the New Ross bypass were approved by An Bord Pleanála, but the board's decision is now the subject of a High Court challenge, understood to be from environmentalist Peter Sweetman, who has challenged a number of previous, similarly high-profile roads projects.

A date for the High Court hearing is awaited.

■ FULL STORY PAGE 22 SERIOUS concern has been expressed for the future of the New Ross bypass following a High Court challenge to the route recently approved by An Bord Pleanála.

'I'm getting worried about it,' was the frank admission made by County Manager and National Roads Authority (NRA) member Eddie Breen at Monday's meeting of Wexford County Council.

Mr Breen revealed that the Compulsory Purchase Orders for the New Ross bypass were approved by An Bord Pleanala, but the board's decision is now the subject of a High Court challenge, understood to be from environmentalist Peter Sweetman, who has challenged a number of previous and similarly high-profile roads projects.

A date for the High Court hearing is being awaited, but Mr Breen, concerned about funding for the Public Private Partnership (PPP) project, said ' in an effort to expedite the case, an application was made to have the case transferred to the Commercial Court'.

However, this application failed, with the Commercial Court – where cases can be fast-tracked – now busier than ever. ' In the general High Court we don't know when it will be listed to be heard,' said Mr Breen.

Mr Breen said the NRA may not be able to include the New Ross bypass when advertising upcoming PPPs and said this was 'a great concern'.

He said that if the chosen route is still the subject of a High Court challenge then the necessary private investment will not be secured for the ¤315 million bypass.

'We're urging our legal people to try expedite the matter,' said Mr Breen. 'We are very concerned and this is the problem that this court challenge has posed to the project in its entirety,' he added.

The matter is further complicated by the fact that the NRA proposes to construct the Enniscorthy and New Ross bypass projects as one contract under a PPP process and has already commenced the procurement process for a PPP contract, with construction work on the massive project due to begin in 2011.

Cllr Paddy Kavanagh was keen to know if the Enniscorthy bypass could be also be held up or was 'the window of opportunity' for such challenges gone.

Mr Breen informed him the Enniscorthy bypass is currently with An Bord Pleanala and once they make their decision there is a window where parties can seek a judicial review of that decision.

'But at the moment that one seems to be in the clear,' added Mr Breen.

Cllr Keith Doyle wanted to know if the Enniscorthy bypass should 'go through with relative ease' could it still be delayed by the challenge to the New Ross route.

'Not really,' replied Mr Breen, who said they'll just have to examine their options when the time comes.

However, he did stress that proceeding with one bypass and leaving the other behind is an option he'd 'hate' to have to accept.

It's understood that the High Court challenge by Mr Sweetman focuses on the route of the 14.8 kilometre bypass which will extend from Glenmore to Knockroe, with the challenge believed to focus on the possibility of an inner-relief route.

A total of 84 valid objections were received to the proposed Compulsory Purchase Orders, however, all but five of the objections were withdrawn in the course of the Oral Hearings, which were held in early April last year.