A senior counsel has told the South Kerry Greenway judicial review that An Bord Pleanála acted correctly when considering the Compulsory Purchase Order for the lands needed.
Denis O'Connor and others from the Greenway Information Group and farmer James Clifford along with environmentalist Peter Sweetman are challenging the decision of An Bord Pleanála granting permission to Kerry County Council for the South Kerry Greenway and the accompanying CPO.
Barrister Michael O'Donnell, on behalf of the applicants, claimed that An Bord Pleanála had not carried out the appropriate analysis of the Compulsory Purchase Order before deciding whether to confirm it.
However, Senior Council for the board, Brian Foley disagreed that the assessment of the CPO should be a separate document.
Mr Foley said it was entirely relevant for the board to consider if the CPO was in accordance with the county development plan in terms of the applicants' rights and any possible inappropriate environmental affects in the Environmental Impact Assessment.
He said the board engaged properly in considered the underlying basis for land take, whether or not it is necessary for the purposes stated, any alternatives and if it met the common good.
Mr Foley said there is simply no engagement with the facts and there is a characterisation of matters that suit the case made by the applicants but in no way reflects what was actually going on.
He said the justification put forward by Kerry County Council on the need for greenway went into incredible detail including regeneration, tourism, diversification and population decline.
He said there was no evidence of the wrong test being applied when carrying out the CPO.
Mr Foley also said it was incorrect to say you can't grant consent for a project without a derogation licence; the relevant licences for the Kerry slug and lesser horseshoe bat had expired before the board made its decision.
Mr Foley is also said that counsel for the applicants had failed to back up their claims in legislation.
The hearing continues.
