Bitter dispute over farmer’s laneway goes to High Court

A HARD-fought row over a disputed right of way near the picturesque Lakes of Killarney in Co. Kerry has reached the High Court.

Farmer Cornelius Dennehy, of Acorn Lodge, Fossa, is challenging An Bord Pleanála’s decision that he should take down an electronic steel gate he erected to block public access to the lakeshore.

His counsel, Mark de Blacam SC, said Mr Dennehy’s parents had, in 1989, agreed to allow a local boat club’s members to use his lane, but things then turned sour.

Counsel said: ‘Some members of the club got quite aggressive, and asserted they had a right to use the laneway. This persisted for a number of years. Then in 2010, Mr Dennehy erected a gate to stop intrusion onto his land, and put up signs indicating that this was private property.’

Counsel said the issue was referred to the planning appeals authority after Kerry County Council was asked by a local resident, Donal Coffey, to determine if the gate constituted an exempted development – one which did not require planning legislation.

Judge Séamus Noonan said he believed Mr Dennehy had shown substantial grounds to justify his application for a judicial review of the planning board’s decision, and granted leave for the case to continue. An Bord Pleanála will have a chance to respond when the case returns before the High Court.