A judicial review on the South Kerry Greenway project has heard concerns about the deliberate capture, disturbance and possible killing of the Kerry slug.
The virtual hearing is being presided over by High Court judge, Mr Justice Richard Humphreys.
Senior Counsel James Devlin is representing Denis O'Connor and others from the Greenway Information Group and farmer James Clifford along with environmentalist Peter Sweetman.
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.
Mr Devlin said under the Habitats Directive strict protections are afforded to the Kerry slug and the necessary derogation licences to allow for construction of the greenway had expired, before An Bord Pleanála granted permission.
Senior Counsel Brian Foley for An Bord Pleanála said that doesn't matter and the derogation system is separate; the issue will be further debated tomorrow.
Mr Devlin also raised concerns about the length of time it took An Bord Pleanála to publish notice of its decision in a local paper; adding the 8-week timeframe to lodge an appeal begins from when a decision is made and nobody knows about it.
Mr Justice Richard Humphreys agreed this is an area that is due a “serious review”.
Mr Devlin also claimed that documents on the Kerry County Council website weren't user friendly.
Earlier, he told the hearing what was granted permission by the board was not covered by the Environmental Impact Assessment or Natura Impact Statement as the board decided to omit two sections of the greenway and fragment it.
