Construction of the long-planned multi-million euro south Kerry greenway will go ahead following the Supreme Court’s rejection of two applications seeking leave for a so-called leapfrog appeal.
The project, along the abandoned rail line skirting the Ring of Kerry, will start at Glenbeigh and finish outside Cahersiveen, running for about 30kms over spectacular scenery and old bridges overlooking Dingle Bay.
Mooted a decade ago by a local development organization, it was planned by Kerry County Council and formally announced on the old rail viaduct at Kells by then minister of State for transport Alan Kelly in 2014 . It was to be the flagship project in a necklace of countrywide greenways.
However, the project was stalled by planning and engineering difficulties, strong opposition by farmers to the decision to acquire lands for the construction of an amenity by Compulsory Purchase Order (CPO), as well as concerns by environmentalists.
In a determination on Tuesday, a three-judge Supreme Court dismissed the applications for leave to appeal a decision of the High Court last year. That rejected two challenges to the planning permission granted for the 27km cycle and pedestrian greenway in south Kerry. The High Court on that occasion ruled the planning approval was valid.
The Court ruled on Tuesday that the application of environmental activist Peter Sweetman and local farmer James Clifford did not present matters of general public importance “nor indeed have exceptional circumstances warranting a leapfrog appeal been identified”.
Regarding a second application to it by the Greenway Information Group and a number of local landowners, the Supreme Court said it was not satisfied the constitutional criteria for admitting a leapfrog appeal to it (which sees the Court of Appeal bypassed) had been met.
The Court said the grounds of appeal failed to disclose any matters that are of general public importance and no case law or other legal argument was advanced as to why An Bord Pleanála was wrong to grant a compulsory purchase order. It said it was simply asserted the decision was wrong and disproportionate but no reason was given as to why that was so.
The Court, comprising of Mr Justice John McMemanmin, Ms Justice Eileen Dunne and Mr Justice Séamus Woulfe, also noted that the application was made in the text of a modular trial and the second module has not yet been heard.
“The court does not, in any case, favour the granting of leave in such circumstances where matter remain to be determined and where the legal and contextual background is not fully available to the court in the High Court judgment,” it said.
The High Court ruled on the two separate challenges in July of last year, finding that the greenway’s permission was valid. A further module had to be heard in the case but it will not affect the permission.
Kerry County Council had originally sought permission for a 31.9 km greenway between Glenbeigh and Renard. An Bord Pleanála granted permission for a 27 km greenway between Glenbeigh to just outside Cahersiveen, to run mainly along the disused route of the Southern and Western Railway. It will include a 3-metre-wide paved surface and 122 different types of intersections with other routes.
The permission is subject to several conditions, including an ecological pre-construction survey to check for protected species, including the Kerry slug and lesser horseshoe bat, and for those to be relocated to a similar habitat, subject to a derogation licence where required.
The Supreme Court decision was welcomed by Cathaoirleach of Kerry County Council and Cathaoirleach of Kenmare Municipal District.
Cathaoirleach of Kerry County Council Jimmy Moloney of Fianna Fáil predicted the South Kerry greenway would be “ transformative” for the county and the southwest region.
“I am delighted that this matter has been settled by the Supreme Court and that Kerry County Council can now proceed with the construction of the greenway.
“Coming as it does so close to the scheduled opening of the Tralee-Fenit and Listowel-Abbeyfeale greenways this summer, this is an enormous boost for the local economy and the tourism industry in Kerry,” said Mr Moloney.
Cathaoirleach of Kenmare Municipal District Michael Cahill, Fianna Fáil, a native of Glenbeigh, said the greenway would bring benefits to south Kerry.
“This project will be of enormous benefit to south Kerry and the entire county from an economic and tourism perspective. It has the potential to attract thousands of visitors to the area every year.
“This is a historic day for the Iveragh Peninsula and the whole of County Kerry. It will be one of our most iconic attractions and leisure amenities and I look forward to its construction over the coming years,” Mr Cahill said.