Inhabitants decline was among the many elements taken into consideration by Kerry County Council in looking for planning approval for a cycle and pedestrian greenway in south Kerry, the Excessive Courtroom has heard.
An inspector for An Bord Pleanála had concluded the census knowledge superior was “strong” and that conclusion stands, Brian Foley SC, for the board mentioned on Thursday.
There was no authorized error in contemplating inhabitants points, he mentioned. Whereas the council had mentioned inhabitants decline within the area fashioned a part of the necessity for the greenway, that was not the one problem and the council had supplied a “a lot wider” justification for the undertaking.
Mr Foley additionally rejected arguments that, as a result of the board granted permission for a greenway which excluded a proposed part between Cahersiveen and Renard, there was a requirement to contemplate extra environmental and street security impacts.
Obligatory buy orders
Counsel additional disputed that the board did not advance causes for the making of obligatory buy orders over sure lands for the greenway.
Mr Foley, with David Browne BL, was outlining arguments opposing two authorized challenges geared toward overturning the board’s permission for the undertaking.
Kerry County Council sought permission for a 31.9km greenway between Glenbeigh and Renard.
The board granted permission final November for a greenway between Glenbeigh and simply exterior Cahersiveen, to run primarily alongside the disused route of the Southern and Western Railway, and together with a 3-metre broad paved floor.
Mr Justice Richard Humphreys is listening to two separate challenges geared toward quashing that permission.
One is by an area farmer, James Clifford, and environmental activist Peter Sweetman. The second is by quite a lot of native landowners whose lands have been compulsorily acquired for the greenway.
The instances are towards the board and varied State events, with the council as a discover social gathering.
The grounds of problem within the Clifford/Sweetman case embrace claims the permission contravenes EU directives on Environmental Influence Evaluation (EIA) and Habitats and failed to make sure a system of strict safety for the Kerry slug and the Lesser Horseshoe bat of their pure vary.
Kerry Greenway faces court challenges over protect…
The core declare towards the State events is of failure to transpose into Irish regulation an obligation to find out if a street must be made topic of an EIA.
The claims towards the State might be topic of a separate module, for listening to in November.
Within the landowners problem, they elevate points concerning the course of ensuing within the affirmation of obligatory buy orders for a part of their lands.
The listening to continues on Friday.