Objectors seek leave to appeal rejection of challenges to Kerry greenway permission

One challenge claims the permission failed to ensure a system of strict protection for the Kerry slug and Lesser Horseshoe bat in their natural range

Kerry County Council had sought permission for a 31.9km greenway between Glenbeigh and Renard. File photo

A High Court judge will rule on a later date whether to grant leave for an appeal against his decision rejecting two challenges to planning approval for a 27km cycle and pedestrian greenway in south Kerry.

Mr Justice Richard Humphreys heard arguments on Wednesday on behalf of a local farmer, James Clifford and environmental activist Peter Sweetman, and on behalf of a number of local landowners, seeking the necessary certificate for leave to appeal. The applications for a certificate were opposed by An Bord Pleanála and Kerry County Council.

The judge said he was reserving judgment to a later date. He said he will on Monday next address the issue of whether to discharge a stay on works concerning the project. Last July, in his judgment on the two separate challenges, the judge ruled the permission is valid.

He will hear a further module in the case in November to address claims Ireland has not correctly transposed the type of road projects that require environmental impact screening and assessment under EU law. He will also consider claims An Bord Pleanála breached public information requirements of the Roads Act regarding inadequate publication, on its website and in local newspapers, of material and of its decision.

Whatever the outcome of that module, it will not impact on the validity of the permission decision, he stressed. Because of that, he had said he is “provisionally minded” to discharge the stay on the works after final orders arising from his judgment are made but will rule on that matter on Monday.

Kerry County Council had sought permission for a 31.9km greenway between Glenbeigh and Renard.

Last November, the board granted permission for a 27km greenway between Glenbeigh to just outside Cahersiveen, to run mainly along the disused route of the Southern and Western Railway. It will include a 3m wide paved surface and 122 different types of intersection with other routes.

The permission is subject to several conditions, including an ecological pre-construction survey to check for protected species, including the Kerry slug and lesser horseshoe bat, and for those to be relocated to a similar habitat, subject to a derogation licence where required.

The permission was subject of two challenges, one by Mr Clifford and Mr Sweetman and the second by some local landowners whose lands have been compulsorily acquired for the greenway.

The cases were against the board and various State parties, with the council a notice party.

The grounds of challenge in the Clifford/Sweetman case include claims the permission contravened EU directives on Environmental Impact Assessment (EIA) and Habitats and failed to ensure a system of strict protection for the Kerry slug and Lesser Horseshoe bat in their natural range.

The landowners raised issues about the process resulting in the confirmation of compulsory purchase orders (CPOs).