RPA 1, Public 0
But that hardly surprises me.
The story here (from RTE) is a couple who took the RPA to court over the noise of the LUAS at the end of their garden. Two points in the judgement of Justice Mary Laffoy are worth commenting on as they show why the public have no rights in this country, only the duty to pay the bills of cretinous organisations like the RPA.
She stated that the noise issue was covered in the Railway Order. Anyone with a brain knows that Railway Order inquiries are a sham and ultimately unconstitutional as they reject anything that would require the submission of a new order by the requesting body (the failure rate of such inquiries must be at the same level as planning permission rejections, otherwise the State is failing to treat all equally or not at all).
The second point is that the RPA have failed to comply with a requirement to set daytime and nighttime noise levels, but her learned justice stated that this does not prove a nuisance. What happened to the old common law requirement of approaching equity with clean hands?
Justice Laffoy is another stuffed shirt in an ivory tower. Maybe one day, the Irish people will elect a Government that will revoke the administrative sanction of all Quangos (including the RPA) and then we will see Frank Allen & Co squirm.