An Taisce calls a halt to its attempt to stop N86 upgrade

An Taisce has said it is the “end of the road” — legally — for its bid to stop the multi-million-euro upgrade of the N86 road to Dingle, but warns that Europe will take a dim view of the decision.

The heritage organisation had argued for more comprehensive environmental studies into the straightening and widening of the scenic route to ensure that work was properly done.

The €69m project, which will include cycle paths, is being completed in two phases — a small section, near Camp, was completed three years ago.

However, the larger, Annascaul-to-Dingle section has been held up by an oral hearing and legal challenges.

Following an oral hearing in 2012, in Dingle, An Bord Pleanala refused permission, Kerry County Council took a judicial review and the board eventually granted permission.

An Taisce sought a judicial review of that permission. This action was dismissed in the High Court this October. An Taisce then sought leave to appeal — but this was also refused just days before Christmas.

“This is not only a deeply disappointing decision, because of the iconic importance of the landscape on the Dingle peninsula and the visual impact of this proposed road development, but also in terms of the law and how this road project was handled by Kerry County Council and An Bord Pleanála, in particular,” said An Taisce spokesman Charles Stanley-Smith.

While it would be ‘the end of the road’ for An Taisce, in halting the upgrade, the European Commission was likely to take a dim view of it, he said.

The case was being watched very closely by the European Commission in relation to access to justice in the review of certain environmental cases, he added.

At the Christmas meeting of Kerry County Council, a round of applause greeted the announcement that An Taisce had lost the leave-to-appeal action. More than €4m has already been put aside for the project and it is likely works will start shortly.