I thank the Minister of State for being here this morning. I raise this Commencement matter in relation to compulsory purchase orders, CPO, in relation to greenways. This is something that is becoming more of an issue across the country. I am from County Cork and I raise it having met farmers who will be affected by potential CPOs on the Cork-Kinsale greenway.
First, I want to say greenways are a fantastic facility and amenity. As they can bring a lot to an area in terms of attracting tourists and bringing income to an area, this is no way guided by anything that might be perceived as anti-greenway. However, what I am very much against is the compulsory purchase of privately-owned land and particularly privately-owned farm land when it comes to developing greenways.
From what I have seen on the Cork-Kinsale greenway and the landowners who will be affected by this there has been an extreme lack of public consultation. It has been very disingenuous because notifications have been sent out to say full consultation has taken place with landowners and that that box has been ticked when that simply is not the case. The proposed CPOs for this proposed greenway will sever farms. At a time when we talk so much about generational renewal and biosecurity, these two issues will be affected by the compulsory purchase of these lands for this greenway. We are using these old railway lines for greenways, which is well and good when they are publicly- or State-owned or owned by the local authority. However, much of the land in question here was purchased back in 1969. Landowners are being told what to do with their land. It is presenting many challenges. It is not viable or sustainable and there has been a massive lack of consultation.
The Waterford greenway, where the vast majority of land used was public, was a successful endeavour in terms of cost at around €20 million. By comparison, the Kerry greenway is in the region of €70 million. It very much seems as though a haphazard approach is being taken by TII. What is being done is in no way compliant with what was set out in the pathways document for national and regional greenways in which it was agreed by TII and the Irish Farmers Association that the use of private land for greenways would be on a mutually agreed basis. There is nothing mutually agreed about what is happening in Cork and Kinsale. There is a lack of consultation. I do not believe it is fair. It is not for TII to step in and take these lands for an amenity. I could understand if it was a CPO for a road, critical infrastructure or wayleaves. That would be incredibly necessary but this is not necessary. It is being done without consultation. I appreciate there is a legal framework around it in terms of the powers to local authorities under the Planning and Development Act whereby they can use CPO for any need to further their duties. Looking at the Roads Act and the Clifford and Anor v. An Bord Pleanála case where the judge read greenways into the definition of roads which allows compulsory purchase of property for the progression of roads, I am not sure if it requires legislative change or what is the best way to do this. I look forward to hearing the Minister of State’s reply.