The Supreme Court has rejected leave to appeal on the South Kerry Greenway.
The decision clears the way for the development of a greenway between Glenbeigh and Cahersiveen
Deputy Government Chief Whip and Fine Gael TD Brendan Griffin has welcomed the news. He says he plans to raise the issue of funding for the South Kerry project in the Dáil this week.
Fianna Fáil councillor Michael Cahill described the decision is a game changer and lifeline for South Kerry.
In November 2020 an Bord Pleanála granted planning permission for a 27- kilometre greenway from Glenbeigh to just outside Cahersiveen.
An Bord Pleanála's decision was then appealed to the High Court which dismissed the legal challenges and refused the objectors' leave to appeal the court's decision.
Two appeals against this decision were then 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 argued that the decision to acquire lands by compulsory purchase had a draconian impact on their constitutional property rights.
The other appeal by Peter Sweetman and James Clifford argued that the High Court erred in a number of aspects in its judgment.
However, the Supreme Court last night rejected both applications for leave to appeal against the decision of the High Court. In its determination, it said the applicants did not identify precisely how it is alleged that the High Court judge erred in law. Additionally, it said it had not been submitted that what Kerry County Council or An Bórd Pleanála did was actually wrong in law.
This clears the way for the way for development of the South Kerry Greenway after many years of planning.
Kerry County Council said it warmly welcomes the decision of the court, looks forward to the commencement of construction of the South Kerry Greenway at the earliest opportunity, and ensuring delivery of an enormously important amenity for the county.
