The proposed new greenway will be stunning if it is eventually built. It stretches for 32km, along a disused railway line, in south Kerry. For now the South Kerry Greenway has hit a hurdle, but it's not insurmountable.
Farmers in Co Kerry who are blocking council workers from coming onto their lands for works associated with a mooted greenway have won a court case.
Kerry County Council had gone to the court seeking warrants allowing workers to access the lands after the farmers refused to allow them that access.
However, after hearing the evidence Judge David Waters said the works that were intended on the lands would add only marginal value to the preparatory work for the South Kerry Greenway project.
And the court was told the damage to the lands from the large vehicles that would be needed could be greater than the actual works planned.
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The judge refused the warrants, meaning the four farmers are not now obliged to allow any greenway-related works on their land.
James Moriarty, Drom West, Glenbeigh, James Sheehan, Curra, Glenbeigh and Patrick Murphy and Paul O’Shea, both with addresses at Gornagree, Kells, were the farmers refusing access to the lands.
As the owners of the land, they are entitled to allow or deny access to whomever they choose.
However, as greenway projects progress, councils can use compulsory purchase orders in such cases.
These mean that lands can be acquired, and must to be sold under law, to ensure the greenways can be completed.
In the Kerry case, while the council only wanted to carry out investigation works to gather data for later greenway works, the farmers declined to allow that access.
The court was told the council would need to bring an eight-tonne excavator onto the lands to dig trial pits that were up to 4.5 metres deep.
They also wanted bore holes that would be drilled down into the earth for up to 10 metres; not insignificant work.
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This would allow the council to effectively assess the land and help plan what work was required at the locations for the South Kerry Greenway.
Conor Culloo, a council engineer, said the works were desirable in that they would help the council determine costs and help to plan the engineering works required.
However, he said the council already had enough information for the South Kerry Greenway planning application.
He added if the works could not be carried out on the lands of the four farmers, it would not change the planning application or the path of the 32km greenway.
Judge David Waters noted the work accessing and exiting the land could cause considerable damage. Yet the data gathered would be marginal in the greater scheme of the greenway from Glenbeigh to Renard.
He refused the warrants and granted costs in favour of the farmers. That means as the farmers are the winning party and the council are the losers in the case, the council would have to pay all costs.
However, he put a stay on the costs order, effectively postponing it, pending a two-week period in which the council could consider an appeal.
Judge Waters said he was making no judgement or comment on the actions of the farmers, the merits or otherwise of greenways or compulsory purchase orders.
South Kerry Greenway
The proposal as it stands is for a 32km cycleway starting in Renard Point, which is near Caherciveen and from where the Valentia Island ferry departs.
And the greenway would stretch all the way to Glenbeigh; covering an area of natural beauty. The plan is for a 3 metre wide paved surface, making it perfect for cycling.
There would be grass verges either side. And in a bid to satisfy landowners, the greenway would be fenced off.
Like the Waterford Greenway, the proposed South Kerry Greenway would also follow the path of a disused rail line.
Last operational in 1960, the disused Great Southern & Western line ran from Farranfore and Valentia Island harbour.
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