A Excessive Courtroom choose has granted a restricted keep on some works for a 27km cycle and pedestrian greenway in south Kerry.
The keep was granted by Mr Justice Richard Humphreys this week to permit objectors 21 days to think about whether or not to hunt an attraction to the Supreme Courtroom. The keep permits some surveying works however restrains building works.
The choose final July dismissed two challenges to planning approval for the greenway.
Final week, he refused to grant the mandatory certificates for depart to attraction his refusal to the Courtroom of Enchantment however deferred a call whether or not to discharge or proceed a keep on the greenway works.
This week, he granted a extra restricted keep which prevents building and sure different works for 21 days to permit the objectors take into account whether or not to hunt a “leapfrog” attraction to the Supreme Courtroom. Such an attraction could solely be introduced if the Supreme Courtroom determines it raises authorized problems with common public significance and an attraction is critical within the pursuits of justice.
One of many challenges is by an area farmer, James Clifford and environmental activist Peter Sweetman. The second is by some native landowners whose lands have been compulsorily acquired for the greenway.
The instances are in opposition to An Bord Pleanála and varied State events, with Kerry County Council a discover celebration. The board and council each opposed depart to attraction the court docket’s July judgment which discovered the greenway permission is legitimate.
The choose will hear an extra module within the case in November to deal with claims Eire has not appropriately transposed the kind of street initiatives that require environmental impression screening and evaluation beneath EU legislation.
He may even take into account claims the board breached public data necessities of the Roads Act concerning insufficient publication, on its web site and in native newspapers, of fabric and of its determination. Regardless of the end result of that module, it is not going to impression on the validity of the permission determination, he has pressured.
Kerry County Council had sought permission for a 31.9km greenway between Glenbeigh and Renard.
Final November, the board granted permission for a 27km greenway between Glenbeigh to only exterior Cahersiveen, to run primarily alongside the disused route of the Southern and Western Railway. It would embrace a 3 metre-wide paved floor and 122 several types of intersection with different routes.
The permission is topic to a number of situations, together with an ecological pre-construction survey to examine for protected species, together with the Kerry slug and lesser horseshoe bat, and for these to be relocated to an identical habitat, topic to a derogation licence the place required.