Farmers given permission to challenge ruling on use of laneway beside their home
A farming couple have been given permission by the High Court to challenge a Bord Pleánala decision over the use of a laneway beside their home which has been at the centre of a long running row over access by a rowing club to a lake.
Cornelius and Suzanne Dennehy, who live and farm near Fossa village in Co Kerry, want the court to quash an August 30 last decision of the board declaring that a gate they erected at the entrance to lands they own is not exempted development.
The lane leads down to the shore of scenic Lough Leane and links to the N72 Killarney-Killorglin Road. It also provides access to a number of houses and to the Loch Lein Country House Hotel, owned by Donal Coffey.
On Monday, Mr Justice Seamus Noonan granted the Dennehy's lawyers permission to bring judicial review proceedings against the board, the Minister for Housing Planning and Local Government and the State over the board's decision. Mr Coffey is a notice party.
Mark de Blacam SC, for the couple, said the land in question is owed by the Dennehys and their neighbour Maurice O'Connell who, up until 1989, was supportive of the Fossa Rowing Club using the lane to access the lake
Mr Dennehy also allowed them to use it up until 1993 until some members of the club exceeded their permission and insisted they had a right to use it.
No trespassing signs were erected but by 2012 there were increasing incursions which became confrontational and gardai had to be called, counsel said. Mr Dennehy was on one occasion assaulted, he said.
Local boat groups were now asserting a public right of way even though it was private land, he said.