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Appeal sought against South Kerry Greenway legal challenge dismissal

Jul 30, 2021 13:07 By radiokerrynews
Appeal sought against South Kerry Greenway legal challenge dismissal Appeal sought against South Kerry Greenway legal challenge dismissal
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Permission is being sought to appeal a decision dismissing High Court challenges against the South Kerry Greenway.

The Greenway Information Group and farmer James Clifford, along with environmentalist Peter Sweetman, challenged the decision of An Bord Pleanála granting permission to Kerry County Council for the South Kerry Greenway and the accompanying CPO.

Earlier this month, Mr Justice Richard Humphreys dismissed the two legal challenges.

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Among the ground for the challenges was a claim by the applicants that the permission granted was invalid in that it contravened the Habitats Directive, as it could not amount to establishing a system of strict protection for species such as the Kerry slug and Horseshoe bat.

This was rejected by the judge along with claims there was an incorrect use of the Roads Act 1993 and the Compulsory Purchase Order was unlawfully amended due to the omission of two sections of the greenway by An Bord Pleanála.

He also dismissed a claim that the consented route was not environmentally assessed.

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Environmentalist Peter Sweetman has confirmed to Radio Kerry News that an application has been made to the High Court for a certificate to appeal the judgement to the Court of Appeal.

Mr Sweetman says, if successful, they expect the case to eventually go to the European Union Court of Justice.

Mr Justice Richard Humphreys is due to decide on the application on October 6th.

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Fianna Fáil Cllr Michael Cahill says while many people in south Kerry will be disappointed with this further delay to the greenway, it is part of the legal process and objectors are entitled to use all judicial avenues at their disposal.

The Rossbeigh councillor said he is very hopeful of a positive outcome for the project.

 

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