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Decision on future of South Kerry Greenway project expected in autumn

Jun 25, 2021 17:29 By radiokerrynews
Decision on future of South Kerry Greenway project expected in autumn
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A decision is expected in the autumn on whether the South Kerry Greenway can proceed.

A three-day virtual judicial review before the High Court concluded earlier.

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 Compulsory Purchase Order.

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Counsel for the parties taking the judicial review claim An Bord Pleanála changed the project through fragmentation or “salami slicing” as it omitted two sections of the route when granting permission to Kerry County Council.

It's claimed that wasn't the route the Environmental Impact Assessment related to.

They allege the CPO and planning weren't distinctly assessed by the board, there was a lack of assessment on the impact on farming and there were issues around the prompt publication of decision notices.

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An Bord Pleanála and Kerry County Council, which was a notice party to proceedings, denied the claims including that a derogation licence is needed before a planning decision can be made.

They also said a separate report is not required from the board when considering whether to confirm a CPO.

Proceedings being heard by Mr Justice Richard Humphreys concluded earlier today with a decision on the application to quash the permission granted by An Bord Pleanála expected in the autumn.

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There can be no progression of the greenway by Kerry County Council until that decision is handed down.

A second module, a case being taken against the State, centring on the law on Environmental Impact Assessments and roads is to be heard in November.

 

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