A barrister has claimed that An Bord Pleanála should have treated the confirmation of the Compulsory Purchase Order relating to the South Kerry Greenway differently than the scheme application.
Michael O'Donnell was speaking on behalf of Denis O'Connor and others from the Greenway Information Group. Farmer James Clifford along with environmentalist Peter Sweetman are also involved in the judicial review.
They're challenging the decision of An Bord Pleanála granting permission to Kerry County Council for the South Kerry Greenway and the accompanying Compulsory Purchase Order for the lands needed.
Barrister Michael O'Donnell told the virtual hearing it's well established that An Bord Pleanála is an expert body in dealing with planning and environmental matters.
However, Mr O'Donnell he said the board's entry into confirming Compulsory Purchase Orders is relatively new.
He said the board applied the same principles for both the confirmation of the greenway scheme and the CPO.
Mr O'Donnell said at the very least a separate report should have been done by the board on the CPO as a different analysis is needed; he claimed the analysis involving the balancing of rights and whether the CPO is justifiable hadn't been done and that is fatal.
He said if this had been done, the court would be in a position to decide what weight the board gave to each issue; he added that he believes the rights of the parties haven't been protected.
What we are dealing with here are the most fundamental and serious issues, he said, where fundamental rights are being taken and this would always be subject to heightened scrutiny by the courts.
The virtual hearing before Mr Justice Richard Humphreys continues.
