William Aird: Opposes CPOs and urges O'Moore Way greenway
William Aird argues against the use of compulsory purchase orders (CPOs) on greenway and infrastructure projects, saying the threat of a CPO destroys trust in negotiations. He outlines existing routes in County Leash, praises local efforts, and calls for alternatives that avoid CPOs.
Main argument: Aird says CPOs undermine good-faith engagement. He tells the meeting that when a landowner believes a CPO can be used against them, negotiations are futile and trust is lost from day one.
Local greenway proposal: Aird highlights an old peat railway line he calls the O'Moore Way and argues it could become a greenway without compulsory purchases. He describes the route's existing man-made sections and urges Bórd na Móna to transfer it to the county council so it can be developed cooperatively.
Legal and policy questions: In response to the discussion, a speaker cited a 2021 court ruling (Clifford v Bord Pleanala) that treated a greenway as a road under the 1994 Roads Act and upheld local authorities' power to use CPOs. Aird asks for a review of the Code of Practice and legislative scrutiny so the compulsory purchase threat can be removed from negotiations.
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We had a discussion on this before, and certainly my views haven't changed. I don't think we should have CPOs on this, and I think it's very difficult. It's very difficult when a person comes out to engage with you, and sending out a letter without an address on it even, that'll show you what's going on. But what I want to say is that if a person comes out to engage with you, and in his back pocket he has a CPO, that engagement is futile from day one as far as I'm concerned. Because that's what you have in your back pocket, and I think that that really, every person that's involved, and it's not all farmers that are involved in CPOs. This is very important, because I see all CPOs now in Dublin, as regards when they're talking about the new railway system and all that, taking people's front gardens. This is very serious stuff. And I just want to say that on this particular one, and I have reasons for saying it, because there is no place in the country that we don't have, that there isn't natural walks there already. And with a little bit of cooperation and all that, that's what it is. It's cooperation and forward thinking. You can get a complete route on these. But not to CPOs. I mean, you have CPOs set up for roads and that, and that's it. And when I was a young fella, it was CPO for roads, and what they call it, we were always allowed in the ESB. And the ESB were always very good, they always worked together with farmers, came in when the weather was drier to give them an opportunity to cook crops or whatever. And I think that's where it should remain. But I just want to say that, we take, for County Leash, where I am, we have some beautiful walks in County Leash. And we were very lucky, we had the sea booms, bikeway and all that as well, and they're investing in that. But what I want to say, and I want to compliment it very publicly here at the meeting today, is I want to thank Queenshire very much. Queenshire have opened up all the forests, like we have three around the town of Port Leash alone, where people go on a daily basis, or twice daily basis, and walk to the woods and that, and they've put down infrastructure into them, and they've spent money on them. And I also want to just say that with Bòrd na Móine, where we are in County Leash, we have the makings of the most beautiful greenway, I call it the O'Moore Way, until they have a christen on it, because it was the old line that they had for bringing the peat in across to Port Leash. It's a man-made one, and I'm asking Bòrd na Móine to please give it over to the Leash County Council as the lead agents on it. Because it's there, no CPOs, no talking to anybody from the point of view, you couldn't write the book on it. It goes on, most of you have travelled the old Cork line to Port Leash, or the old Cork Road, on the main old Cork Road, it goes under the road, it goes across down by Tocker Wood, believe it or not, it goes under the road to Clunkean, which is a rural area, and then it goes under, imagine, the Dublin-Cork railway line, it gets better, it goes under the new motorway that was built, and it goes under the old Limerick Road. And that's man-made, it's there, and that's greenways, O'Moore Ways, working at its very best, where the natural infrastructure is there, where the peat was all taken off of it, they all got their money out of that, now it's time to give something back, as far as I'm concerned. We need forward thinking like that, whereas on the other hand, there's public money going to be spent, €50,000 was given for it, to look at the old railway line that ran right down through to Kilkenny. But the problem there is, and I don't know what's going to happen as regards, all that land has gone back into farming. It's not like years ago, because you all remember the gates, where the old railway lines was, and people walking, cows, tractors going across and everything, when tractors came into force. But no, there was only maybe one train a day passing, or two trains a day passing, or whatever. That day is all gone. If you were doing anything like that now, you'd have to have all underpasses for cattle and everything. Things have changed dramatically in that length of time, and all I'd ask it for is, again, please look at places where there's a natural line that can be done with the least impact that people are living on it. And they are there if you explore them in your counties, that's all I'd like to say. But I'd like to see, to hear, how can we take this CPO out of the equation to make it more palatable for people that are affected by it. That's the question I'd ask. You're leaving very little time to answer now. I know, yeah. That's the only question I had. Honestly, I think there needs to be a complete review of the Code of Practice, and that is the mechanism by which the provision for CPO should be removed off the table. There's been various politicians from high level have actually highlighted the difficulties that the provision of the CPO allows. And in a negotiating position, when... Can I just ask, what's your take on it? Sorry, no, but I think that's an important point. Yeah, I know it's important, but I want to hear what Colin Brain has to say as well. Sorry, just can I finish, it'll only take a few seconds. The provision of a CPO does give a feeling to one side that they have a power over another and negotiations, and I think that's something that needs to be removed. Because certainly we don't want to end up in a situation where any land or fields that they're being pressurised because of the access to a compulsory purchase order by one side and that issue. Thank you very much. Thank you, certainly. The CPO power seems to come very much out of the back pocket almost on day one, if it isn't day two, the threat of it. And I'm conscious... Can I just answer on the CPO very quickly? I'll be very, very briefly, Chair. The CPO comes from a court case in 2021 in relation to the Kerry Greenway, Clifford versus on board Penala, which said that it was considered a road under the 1994 Roads Act and upheld the local authority's right to use compulsory purchase orders. So it's not in the code, obviously references it, but the reality is it comes from a court ruling in 2021, Clifford versus on board Penala, where a greenway is defined as a road and is upheld and that local authorities can use it. So that's where it has to be changed and that's why we said in our statement it's the Oireachtas that has to review that. Thank you.
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