Fossa gate row continues in court

THE HIGH COURT GRANTS JUDICIAL REVIEW TO DENNEHY FAMILY

A KILLARNEY couple have been given permission by the High Court to challenge a decision by An Bord Pleanála regarding a gate, which is at the centre of a long-running row between the family, Fossa Rowing club, local boatmen and other members of the local community.

Cornelius and Suzanne Dennehy of Fossa want the court to quash a decision by An Bord Pleanála, which ruled that the gate, which blocks access to the shoreline, is not exempted development.

They argue that this decision was not in accordance with the law and that the decision entered the sphere of ‘public rights of way’ which is a matter for the court and not for An Bord Pleanála.

The row has been ongoing for many years and circuit court proceedings were dismissed in 2011. Following this local man, Donal Coffey, who also owns property on this laneway, brought a case to Kerry County Council seeking a decision on whether the gate, which was put in place by the Dennenhy family, was exempted development. This led to the recent decision by An Bord Pleanála which states that the gate is not exempted development.

Among the board’s reasons was that the gate was “habitually open to or used by the public” during the preceding 10 years it was a means of access to the lake.

However, the Dennehys appealed this decision to the High Court and this week they have been given leave by the High Court 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.