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South Kerry Greenway objectors lodge appeals to Supreme Court

Nov 12, 2021 17:08 By radiokerrynews
South Kerry Greenway objectors lodge appeals to Supreme Court
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Two appeals have been lodged in the Supreme Court against the proposed South Kerry Greenway project.

Last year, An Bórd Pleanála granted permission for the greenway between Glenbeigh to just outside Cahersiveen.

The High Court then dismissed two legal challenges against An Bórd Pleanála's decision and the objectors' leave to appeal the court's decision was refused last month.

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Two appeals against this decision have been lodged in the Supreme Court. Both appeals are being taken against An Bórd Pleanála, the Attorney General and Kerry County Council.

One appeal by a number of landowners and the Greenway Information Group argues that the decision to acquire lands by compulsory purchase order was flawed.

They say the CPO process which is set out under the Roads Act has a draconian impact on their constitutional property rights.

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They argue a less onerous option could have been chosen whereby a public right of way - a public road - could have been created under the Planning and Development Act 2000 - which would have had a less onerous impact on their property rights.

The other appeal by Peter Sweetman and James Clifford argues that the High Court erred in a number of aspects in its judgment.

They claim that the High Court erred by not addressing adequately or at all the planning appeal's board failure to asses the impacts on the environment and on public safety of substantial volumes of greenway pedestrian and cyclist traffic leaving the route and entering the public road network before rejoining the greenway.

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They also claim An Bord Pleanala's decision was inconsistent with the EU Enviornmental Impact Assessment directive.

 

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