An Bord Pleanála has overturned a Kerry County Council enforcement order on fencing erected in woodlands near the River Feale in Listowel.
The order was served earlier this year.
Three applications for a declaration under Section 5 of the Planning Act were received by Kerry County Council in relation to the development.
Kerry County Council served the enforcement order for the removal of the fence in January on Mr James Brennan of Skehanerin Listowel after he erected it closing off access to a popular woodlands walk known as Bluebells woods and riverwalk last year.
A local campaign group as well as several councillors in Listowel had raised the issue of the fencing saying it closed off access for walkers, swimmers and anglers to an area known locally as the Falls at Dromin.
Mr Brennan appealed the decision to An Bord Pleanála who this week ruled that the two-metre high palisade fence at Dromin Lower Listowel is an exempted development under the Planning Acts and therefore can remain.
