Mayo councillors clash with officials over Achill greenway

MAYO County Council have been urged to use common sense in order to complete the last leg of the greenway extension into Achill or face legal battles with landowners.

Members of the Westport/Belmullet Municipal District passed a motion at their monthly meeting yesterday afternoon proposing that the final section of the Achill Sound to Bunnacurry greenway be completed using permissive access despite council officials advising that this is not now possible.

During a contentious debate on the matter, councillors questioned advice by senior officials that Part 8 planning approval given in 2020 for the Achill Sound to Bunnacurry greenway remained valid despite permissive access to private land now being replaced by voluntary acquisition.

Since December 2021 the development of all national and regional Greenways has been taken over by Transport Infrastructure Ireland (TII) who have set their own guidelines for delivering greenways. Under the new guidelines, landowners allowing permissive access for a greenway and retaining ownership will no longer apply and instead the TII will purchase the land for the greenway.

READ: Mayo councillors at odds over direction of local government

Achill-based councillor Paul McNamara questioned the advice of Seamus Ó Mongáin, Head of the Municipal District saying that he voted for land being acquired by permissive access and was not happy the landowners did not have a choice on what happens to their land.

“If the landowner refuses to let the greenway through, under the new guidelines the power is there to compulsory purchase the land. I totally disagree with what I have been told here today is that the code of best practice supersedes what was passed in 2020.

“If that is the case it needs to come before us again because we did not vote on that. We did not vote on land being CPOd and that is what that document says. I am not saying it will end up like that but failing an agreement with landowners the next step is CPO and it is not the Part 8 that was passed.

Goodwill

“The big issue here is this will probably go all the way to the courts unfortunately by the land owners. If someone disagrees with the greenway going through their land they can be told that we are going through anyway through a process and that is not what the greenways were built on.

“The greenways were built on goodwill from all the landowners and that is what has made the Great Western Greenway the success it is today. It was full cooperation between the landowners and Mayo County Council and an understanding on how to make this work. All of a sudden the goalposts are changing,” he told the meeting.

Achill councillor Paul McNamara questioned advise of council officials 

Mr Ó Mongáin had earlier informed the councillors the permissive access element of the greenway is not a planning condition under the Part 8 approval and it will proceed using the TII greenway code.

Westport-based councillor Brendan Mulroy was also critical of the council's handling of the final leg of the Achill Sound to Bunnacurry Greenway. He pointed out that during the public consultation process before the Part 8 was approved in 2020, local landowners who raised concerns received the same response which was 'Mayo County Council will prior to any construction works commencing require a permissive access agreement with the landowner'.

“At no stage was any landowner told that the CPO process would be in place and that to me is all wrong. People were blindsided and we were blindsided because what was brought in was permissive access.

“I see this as being fundamentally wrong and wrong morally and people were led up the garden path. I don't want this to get into a legal situation where this will cost a lot of money for private landowners along that route. I take offence that I granted this on permissive access and now we are being told it was going through using the best code of practice and compulsory purchase,” he said.

Legal opinion

In response, Mr Ó Mongáin said that the council recently received legal opinion which he claimed confirms Part 8 approval for the development from Achill Sound to Bunacurry was not contingent on land acquisition by permissive access.

A number of the other councillors in the Westport/Bemullet Municipal District came out in support of Cllr McNamara and said that permissive access had to be used to complete the project.

Louisburgh-based councillor Chris Maxwell accused the TII of acting like the old English landlords in trying to dilute people's right to their land while Carrowholly-based councillor John O'Malley said that the Great Western Greenway would not have been a success if CPO was in play at the time.

Director of Services, Joanne Grehan told the councillors that Mayo County Council acted in good faith when dealing with landowners in 2020.

“I assure everyone at that time that they were acting in good faith and nobody knew at that time there would be a government decision that would give responsibility for the development of greenways to the TII.

“The code of best practice supersedes anything previously by means of how greenway projects are delivered,” she said.

However Cllr McNamara said that all he was asking for was that they complete the project during permissive access and if this happens he believes the project will be delivered.

“If common sense prevails in all of this the greenway will be delivered and I want to stress that people are in favour of greenways and they just want to be heard and work with the TII and the county council the best way they can. What we are seeing is they will be given no choice. Two third of this greenway has been delivered through Achill Sound to Cashel through this Part 8 and I am saying it should be delivered for the last third on how it has already been delivered,” he said before the motion was passed by the councillors.

Murrisk Greenway

Meanwhile, it was confirmed by Mr Ó Mongáin that the final design on the contentious Westport to Murrisk Greenway has not yet been completed but is expected to be before the councillors for consideration before the end of the year.

Cllr Mulroy criticised the continued delays in publishing the design of the final route and accused the TII and Mayo County Council of mishandling the project.

“Is this for real? We were told this would be brought before us in March. I know you have told us this is the process but at the end of every process there are human beings terrified in their homes because they haven't been told the truth.

“The TII have let the people of the Belclare area down, both the people for and against the project. They have not brought it in front of us here for the simple reason they know that it is very contentious and no matter what side of the debate you are on it is not helping anybody.

“They have left the elected members hanging, they have left the general public hanging,” he said.