The High Court has dismissed the judicial reviews against the South Kerry Greenway.
The Greenway Information Group and farmer James Clifford, along with environmentalist Peter Sweetman, challenged the decision of An Bord Pleanála granting permission to Kerry County Council for the South Kerry Greenway and the accompanying CPO.
The challenges were heard in the High Court last month.
Deputy Government Chief Whip and Fine Gael TD Brendan Griffin has welcomed the news, saying it's a very positive development for the whole county.
In January, Mr Justice Richard Humphreys granted permission to seek the legal challenges, which imposed a stay on the development.
He gave his decision this morning, dismissing the two challenges.
The applicants claimed the permission granted was invalid in that it contravened the Habitats Directive as it could not amount to establishing a system of strict protection for species such as the Kerry slug and Horseshoe bat; Mr Justice Humphreys said this belief was misconceived, adding an individual planning decision could not amount to establishing a system, so it cannot be condemned for failing to do so.
The judge rejected an allegation there was an incorrect use of the Roads Act 1993, while he also ruled that the correct test for the need for the Compulsory Purchase Order for the lands needed was considered by An Bord Pleanála.
He also rejected a claim the planning inspector misunderstood whether agricultural lands had already been severed by the railway line.
Another claim was that the CPO was unlawfully amended due to the omission of sections; Mr Justice Humphreys rejected this, saying legislation clearly envisages the possibility of confirming a CPO with modification.
A complaint that the consented route was not assessed for EIA or AA because it was different to what was proposed was rejected.
He also said, despite contentions the oral hearing was unfair, nothing specific had been established; he noted the applicants had an opportunity to read documents submitted at the beginning of the hearing.
Today's judgement may be appealed to the Supreme Court - with the parties having three weeks from today to decide on this.
Mr Justice Humphreys will hear two matters in a case being taken against the State in November, neither of which will affect today’s lifting of the stay on development.
