Judgment reserved in south Kerry greenway court challenge

A High Court judge will rule on a later date on two challenges aimed at overturning permission for a cycle and pedestrian greenway in south Kerry.

Having heard final submissions on Friday in the three day hearing, Mr Justice Richard Humphreys said he was reserving his judgment.

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

Last November, An Bord Pleanála granted permission for a greenway between Glenbeigh to just outside Cahersiveen, to run mainly along the disused route of the Southern and Western Railway, and including a 3m wide paved surface.

That permission is subject of two challenges. One is by a local farmer, James Clifford, and environmental activist Peter Sweetman. The second is by a number of local landowners whose lands have been compulsorily acquired for the greenway.

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

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

In the landowners’ challenge, they have raised issues about the process resulting in the confirmation of compulsory purchase orders for part of their lands.

The judge’s decision on the validity or otherwise of the board’s permission will, subject to any appeal, essentially determine whether the greenway proceeds.

Although he has fixed a November hearing date for the claims against the State parties, the outcome of that module of the case is not expected to affect whether the greenway proceeds or not.

The claims against the State parties include whether Ireland has correctly transposed the type of road projects that require environmental impact screening and assessment under European law.