South Kerry greenway to go ahead after Supreme Court decision

Development of the long-planned multi-million euro south Kerry greenway will go forward following the Supreme Courtroom’s rejection of two functions in search of go away for a so-called leapfrog attraction.

The venture, alongside the deserted rail line skirting the Ring of Kerry, will begin at Glenbeigh and end exterior Cahersiveen, operating for about 30kms over spectacular surroundings and previous bridges overlooking Dingle Bay.

Mooted a decade in the past by an area improvement group, it was deliberate by Kerry County Council and formally introduced on the previous rail viaduct at Kells by then minister of State for transport Alan Kelly in 2014 . It was to be the flagship venture in a necklace of countrywide greenways.

Nevertheless, the venture was stalled by planning and engineering difficulties, robust opposition by farmers to the choice to accumulate lands for the development of an amenity by Obligatory Buy Order (CPO), in addition to considerations by environmentalists.

In a willpower on Tuesday, a three-judge Supreme Courtroom dismissed the functions for go away to attraction a choice of the Excessive Courtroom final yr. That rejected two challenges to the planning permission granted for the 27km cycle and pedestrian greenway in south Kerry. The Excessive Courtroom on that event dominated the planning approval was legitimate.

The Courtroom dominated on Tuesday that the appliance of environmental activist Peter Sweetman and native farmer James Clifford didn’t current issues of normal public significance “nor certainly have distinctive circumstances warranting a leapfrog attraction been recognized”.

Concerning a second utility to it by the Greenway Info Group and a lot of native landowners, the Supreme Courtroom mentioned it was not glad the constitutional standards for admitting a leapfrog attraction to it (which sees the Courtroom of Enchantment bypassed) had been met.

The Courtroom mentioned the grounds of attraction didn’t disclose any issues which might be of normal public significance and no case legislation or different authorized argument was superior as to why An Bord Pleanála was fallacious to grant a obligatory buy order. It mentioned it was merely asserted the choice was fallacious and disproportionate however no purpose was given as to why that was so.

The Courtroom, comprising of Mr Justice John McMemanmin, Ms Justice Eileen Dunne and Mr Justice Séamus Woulfe, additionally famous that the appliance was made within the textual content of a modular trial and the second module has not but been heard.

“The courtroom doesn’t, in any case, favour the granting of go away in such circumstances the place matter stay to be decided and the place the authorized and contextual background isn’t totally obtainable to the courtroom within the Excessive Courtroom judgment,” it mentioned.

The Excessive Courtroom dominated on the 2 separate challenges in July of final yr, discovering that the greenway’s permission was legitimate. An additional module needed to be heard within the case but it surely is not going to have an effect on the permission.

Kerry County Council had initially sought permission for a 31.9 km greenway between Glenbeigh and Renard. An Bord Pleanála granted permission for a 27 km greenway between Glenbeigh to simply exterior Cahersiveen, to run primarily alongside the disused route of the Southern and Western Railway. It can embody a 3-metre-wide paved floor and 122 several types of intersections with different routes.

The permission is topic to a number of situations, together with an ecological pre-construction survey to verify for protected species, together with the Kerry slug and lesser horseshoe bat, and for these to be relocated to an analogous habitat, topic to a derogation licence the place required.

The Supreme Courtroom choice was welcomed by Cathaoirleach of Kerry County Council and Cathaoirleach of Kenmare Municipal District.

Cathaoirleach of Kerry County Council Jimmy Moloney of Fianna Fáil predicted the South Kerry greenway could be “ transformative” for the county and the southwest area.

“I’m delighted that this matter has been settled by the Supreme Courtroom and that Kerry County Council can now proceed with the development of the greenway.

“Coming because it does so near the scheduled opening of the Tralee-Fenit and Listowel-Abbeyfeale greenways this summer season, this is a gigantic increase for the native financial system and the tourism trade in Kerry,” mentioned Mr Moloney.

Cathaoirleach of Kenmare Municipal District Michael Cahill, Fianna Fáil, a local of Glenbeigh, mentioned the greenway would deliver advantages to south Kerry.

“This venture can be of monumental profit to south Kerry and all the county from an financial and tourism perspective. It has the potential to draw 1000’s of tourists to the world yearly.

“This can be a historic day for the Iveragh Peninsula and the entire of County Kerry. It is going to be considered one of our most iconic sights and leisure facilities and I sit up for its development over the approaching years,” Mr Cahill mentioned.

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