Over 12 months since an oral hearing took place into the planning application, An Bord Pleanála granted planning permission to the South Kerry Greenway last Thursday. The decision also confirmed the compulsory purchase order (CPO) of land along the course of the greenway, resulting in the first time a CPO will be used for an amenity project in Ireland.

An Bord Pleanála has granted permission for the development subject to 11 conditions, stating the greenway would be in accordance with European, national, regional and local planning and related policy.

The proposed 32km route on the old South Kerry railway from Glenbeigh to Renard that Kerry County Council applied for planning on in August 2018

The project has been highlighted as a potential game changer for tourism and business in the south Kerry area and is vital to the area. It will contain some spectacular features such as the tunnels at Drung and the iconic railway viaduct on the Ring of Kerry at Gleesk.

However, the use of CPOs has proved to be a sticking point with farmers. The proposed 32km route on the old South Kerry railway from Glenbeigh to Renard that Kerry County Council applied for planning on in August 2018 comprised 222 plots of land owned by 197 landowners.

Speaking to the Irish Farmers Journal as the greenway process began, local farmers who were members of the greenway information group maintained they were not against the greenway, but were opposed to the use of CPOs. They highlighted a publication produced in 2012, by the National Trails office titled A Guide to Planning & Developing Recreational Trails in Ireland.

Section 1.5 of it states “it is imperative that the trail developer consults and gets agreement from the owners and occupiers of all land being considered for a trail development”.

In the landowner consultation and agreement section it stated that “consultation with a landowner must take place and agreement in principle to the use of the owner’s property must be reached before any potential trail route is planned further or communicated to the general public”.

Frustrated

The landowners were frustrated at the whole process and felt that they were being pressurised. Local farmer Christy McDonnell said: “The first time we saw this project was confirmed was in June 2014 when we saw Minister for Public Transport, Alan Kelly, turning the sod on the news on RTÉ. There was great progress made by South Kerry Development Partnership in the early stages of development until CPO was mentioned and it’s been downhill from then on.

Christy McDonnell, Foilmore. Part of his land is affected by the CPO for the south Kerry greenway.

“Representatives from the council told me my neighbours had given permission for the greenway and I was the only one who was holding it up. I rang around and found out others had been told the same.”

The farmers gave the option of using parts of their land near the N70 Ring of Kerry road. This was turned down by Kerry County Council.

Following failure to reach agreement with all the land owners involved, the council applied for a CPO.

Hearing

An Bord Pleanála held a four-week hearing to deal with the proposal in October 2019.

The IFA felt the use of the CPO for a greenway would act as a precedent for other projects around the country. Previous greenway developments in the country had been achieved using permissive access. This saw farmers maintain the ownership of the land the greenway was on.

At the hearing, the IFA objected on four grounds. It believed Kerry County Council didn’t follow all legal requirements; the proposal contravenes assurances given that a CPO wouldn’t be used; the development contravenes policy on the future planning of greenways; and the environmental reports are incomplete.

The greenway information group didn’t wish to comment following the ruling by An Bord Pleanála last week

Speaking at the time, Kerry IFA chair Pat O’Driscoll said: “Farmers impacted by this proposed greenway feel misled. When the project started, they were clearly told CPOs were off the table, yet the council ignored this commitment. This is not acceptable and it’s not in keeping with the Government’s policy for greenway development.”

The greenway information group didn’t wish to comment following the ruling by An Bord Pleanála last week.

Conditions

Among the 11 conditions set out last week, An Bord Pleanála has ordered that sections of the greenway from Renard Point to Caherciveen water treatment plant and at Cloghanelinaghan be omitted, thereby reducing the length to 26km.

This is to ensure the protection, durability and longevity of the greenway in the interest of coastal protection and biodiversity.

Cattle grids will be provided at the intersection of the greenway and access roads/driveways

The conditions also include the retention of the services of an ecologist.

Cattle grids will be provided at the intersection of the greenway and access roads/driveways. The grids are to be half the width of the pavement and work in combination with chicane gates. Signage will also be provided to advise cyclists to dismount and cross the junction on foot.

Other conditions relating to farming include the use of information panels at the car parks that will contain a notification to alert users that sections of the greenway traverse working farms, that there may be seasonal delays encountered along the route and to ensure all dogs are leashed.

‘They did not value the goodwill of the farmers?’ – IFA

The IFA has said it is committed to working with all agencies to develop a voluntary land acquisition agreement strategy for amenity projects such as greenways and in turn avoid the need for a CPO.

Chair of Kerry IFA Pat O’Driscoll said that while he recognised the importance of the greenway in terms of the potential for agri-tourism and economic activity in rural areas, consultation did not take place in this instance.

“Consultation delivers on the requirement in the National Greenways Strategy that local authorities must adopt a proactive manner with potentially affected landowners that maximises their support and goodwill towards a proposed greenway.”

Adversary

IFA national environment chair Paul O’Brien said the approach in south Kerry had been more adversarial.

“They did not value the goodwill of the farmers and sought to impose the statutory legal process. They also failed to engage agronomists at the route design stage.

“This episode will lead to a new approach for greenways that would avoid CPOs.

“Kerry County Council engaged in a constructive co-design approach on the Tralee to Fenit greenway and the Abbeyfeale to Listowel greenway in north Kerry, which was based on goodwill and consultation.”

The IFA has called on future greenway projects to work with a voluntary land acquisition strategy and adhere to an agreed code of practice.