Compulsory Purchase Order for Kerry Greenway 'a direct scud missile' into farmers' rights, planning hearing told

The Compulsory Purchase Order for the South Kerry Greenway was being “triggered” not for a public road but for amenity and tourism - an altogether different thing, the oral hearing into the greenway has been told.

Compulsory Purchase Order for Kerry Greenway 'a direct scud missile' into farmers' rights, planning hearing told

The Compulsory Purchase Order for the South Kerry Greenway was being “triggered” not for a public road but for amenity and tourism - an altogether different thing, the oral hearing into the greenway has been told.

Now in its second week in Tralee, the Kerry County Council’s planning application for the 32km route along a rail line abandoned almost 60 years ago, is being challenged by up to 30 of the 160 small farmers who now own the land.

Margaret Heavey, barrister for farmer James Clifford of Killurly, said the Cliffords owned the lands for as long as anyone could remember and were in Griffiths Valuation in 1850.

Yes the rail had gone through their lands, but it has been closed now for almost 60 years, Ms Heavey said.

The council said it needs the total of 48 hectares of land to serve “the common good”. It says the greenway will dramatically revitalise the declining economy of west Iveragh. It said the closure of the railway in 1960 led to the decline which is now accelerating.

The council moved to use the CPO mechanism in December 2014 because it could not get agreement from a minority of landowners, it has said.

But the right to private ownership of land was ”a natural right”, enshrined in the constitution, Ms Heavey has submitted.

Nowhere in the lengthy definition of road - a road over which a public right of way exists - in the roads acts was anything recognizable as a “greenway” although culverts, weighbridges, tunnels and every other aspect of public roadways were all mentioned, she said..

Ms Heavey also challenged the “needs basis” for the project put forward by the council. The council has said the four local areas through which the proposal will pass are suffering “ongoing” population decline.

But Ms Heavey said the population of three of those had actually increased in the latest 2016 census. The council responded it was taking an overall view and the town of Cahersiveen was declining.

James Clifford’s access to his commonage will be gone, and at least two of his parcels of land including his vegetable garden will be “severed” by the paved greenway.

“It is Mr Clifford’s position that alternative routes should be considered,” she said.

The greenway development was not triggered by the need for a public road - but for amenity and tourism, “an altogether different thing,” she said.

Dermot O’Brien, farmer and agricultural consultant, on behalf of Patrick O’Shea of Kells, submitted: “The word respect has not been used at any point in these proceedings.".

The greenway will be within 160ft of Mr O’Shea’s house and the council had refused to move it to an area of commonage where the views were supreme.

“The whole social fabric has been affected,” Mr O’Brien said, referring to bitter divisions that are openly being spoken about now with regard to the greenway project which some feel is being “bulldozed” through by the council..

He also said there was not enough detail by the council about job creation - and a task force was needed on this aspect.

“The Greenway itself is not going to bring many jobs...The Ring of Kerry begins and ends in Killarney," he added.

The CPO was “a direct scud missile” fired into the rights of farmers, Mr O’Brien said. .

The An Bord Pleanála oral Hearing in Tralee is gathering information on the planning application for the Greenway under the Roads Acts and the need for the CPO which is being applied for under the Housing Acts.

It is to continue into a third week, chairperson Karla McBride announced on Tuesday.

This article was amended with corrected spelling of Margaret Heavey's name at 3.11pm.

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