Two legal challenges launched against South Kerry Greenway decision

Two legal challenges have been launched in the High Court in relation to the An Bord Pleanála decision giving permission for the South Kerry Greenway project.

Kerry County Council is proposing to build the 32-kilometre greenway from Glenbeigh to Renard.

Both cases seeking a judicial review came before the High Court earlier and have been adjourned until later this month.

On November 12th last, An Bord Pleanala gave the green light for the multi-million-euro project subject to 11 conditions and also to the accompanying Compulsory Purchase Order for the lands required.

The board ordered that sections of the Greenway from Renard Point to Caherciveen water treatment plant and at Cloghanelinaghan be omitted to ensure the protection, durability and longevity of the greenway in the interest of coastal protection and biodiversity.

Peter Sweetman of Rossport Co Mayo and James Clifford a farmer from Killurley West, Caherciveen brought a joint application to the High Court seeking permission to begin a judicial review on the decision.

An Bord Pleanála and Kerry County Council are listed as respondents in the action.

According to court documents, the applicants are seeking to have the decision to grant permission for the greenway and the CPO quashed.

It is claimed the decision to grant permission is invalid as it contravenes the EU Habitats Directive in terms of protecting designated European sites and the Kerry Slug and Lesser Horseshoe Bat.

The applicants are also seeking a stay on the CPO until a decision is made on the judicial review and the costs associated with the legal action.

James Clifford has also raised specific concerns about the An Bord Pleanála decision to omit two sections of the greenway and how this will impact on his land at Cloghanelinaghan.

Meanwhile, the Greenway Information Group have launched a separate legal action also seeking to have the An Bord Pleanála decisions quashed.

Both cases have been formally opened and have been adjourned until later this month.