The Joint Committee on Agriculture and Food - Meeting of the Committee with TII on Wednesday 10 June

Subject: Impact of Greenways, Railways and Roadways on Agriculture (Compulsory Purchase Orders of Land) [Resumed]
Lorcan O’Connor, Chief Executive, Opening Statement    

Introduction

Thank you for the opportunity to appear before you today, to participate in the discussion on the impact of Greenways, Rail and Roads projects on agriculture and the use of CPO for land acquisition. I am joined by my colleagues Geraldine Fitzpatrick, TII’s Head of Roads and Greenways Capital Programme and Mary Flynn, Regional Manager. I also acknowledge the presence of representatives from the LGMA our delivery partners in the delivery of Roads and Greenways projects.

At the outset I would like to set out TII’s role in delivering transport infrastructure. TII delivers on Government policy as set out in the National Development Plan.

  • TII has a general duty under the Roads Act 1993 to secure the provision of a safe and efficient network of national roads having regard to the needs of all users. Under the Infrastructure Guidelines, TII is the Approving Authority for national road projects and works in partnership with Local Authorities, which are the road authorities for all roads, including national roads. As Approving Authority TII funds, approves and oversees the delivery of Roads projects by the Local Authorities who deliver these projects from initiation through to completion of construction.
  • In 2015 the NRA was merged with the Railway Procurement Agency (RPA). TII is the Sponsoring Agency and the NTA is the Approving Authority for metro and light railway projects.
  • In 2021, TII received written Direction from the Minister for Transport assigning TII as the Approving Authority for Regional and National Greenways.

Unlike TII’s remit for National roads where TII has a legal remit set out in law our remit in relation to Greenways is as directed by the Minister and extends to that of Approving Authority. The delivery of the Greenway’s is the responsibility of the Local Authorities. The Greenways are proposed, designed and delivered by the Local Authorities as the Sponsoring Agencies. TII does not own the Greenway asset or have responsibility for its maintenance.

1.0 Compulsory Purchase

Powers to acquire land by Compulsory Purchase Order (CPO) are established in Irish legislation, dating back to the Land Clauses Consolidation Act 1845 and before. It is a mechanism by which State bodies can acquire private land or property for the development of public infrastructure that is justified by the common good. In the case of Roads and Greenways the Local Authority is the acquiring body and is required to apply to An Coimisiún Pleanála (ACP) for permission to enact a CPO. ACP are an independent statutory body who review the application through a rigorous process, and then confirm, modify or refuse the CPO.

The CPO process includes a mandatory obligation to seek to negotiate a settlement of the compensation issues, including accommodation works. This is encouraged throughout all stages of the CPO process, from when the CPO is published, confirmed, Notice to Treat served, through the statutory compensation process and reference to Arbitration. There is a misconception that the issuance of a CPO brings voluntary negotiations to an end. This is not the case, and indeed most CPO cases are settled by voluntary agreement without utilising the arbitral process.

CPO exists to protect both the acquiring authority and the land and properties owners. It is required to confirm title, deal with unregistered land and to protect public investment. It is also designed to ensure that the landowner’s rights to appropriate compensation is protected. The process includes the right for either party to refer the matter to an independent adjudication by an arbitrator. (The stages in the CPO process is set out in Appendix A.)

A change to the CPO process would require a change in Irish law which is outside the remit of TII

TII have ex-gratia agreements in place, which allow for payments in addition to payments under the CPO process, namely:

  • Goodwill payment in relation to the purchase of land for National roads projects.
  • Sustainability Payment under the Code of Best Practice for greenways.

2.0 National Roads and the Use of CPO.

TII had a longstanding agreement in place in relation to the purchase of lands for National Roads schemes. “Acquisition of Certain Lands for National Roads: Agreement between the Irish Farmers’ Association (IFA) Transport Infrastructure Ireland (TII) and the Department of Transport (DOT)”.

The Latest agreement took effect from 1 January 2022 for a term of six years to 31 December 2027. A fixed payment of €6,500 per acre is paid to landowners subject to the terms of the Agreement, in recognition of co-operation during the planning, design and delivery of the scheme. The agreement includes clear guidance and provisions around:

  • the appointment of Project Liaison Officers (PLOs);
  • access to land for walkover surveys, payments for site investigation works and intrusive archaeological testing;
  • general arrangements regarding the assessment of compensation;
  • a third-party dispute resolution process as an alternative to the state property arbitrator

3.0 Greenways, Land Acquisition Use Of CPO.

The acquisition of land for Greenways is governed by the Code of Best Practice for National & Regional Greenways (the Code), which was agreed and published in December 2021.

It was developed by a working group consisted of the Irish Farmers Association (IFA), Irish Creamery Milk Suppliers Association (ICMSA), Irish Cattle & Sheep Farmers Association (ICSA), Department of Rural and Community Development, Sports Ireland, Fáilte Ireland, Department of Transport, Representatives of the Local Authorities and TII supported by an independent chair.

4.0 The Code

  • Provides information on the planning, design, and construction of Greenways
  • Gives an overview of the stages and supports relevant to consultation
  • Requires the initial consideration of state lands
  • Requires the appointment of a Project Agronomist at an early stage in the project development.
  • Provides for availability of an Independent Agronomist and Property Advisors to individual landowners
  • Provides for a Voluntary Land Acquisition process including the Greenway Sustainability Payment
  • Provides for an Alternative Dispute Resolution Process to Statutory Arbitration.

The Sustainability payments agreed under the Code is paid in 2 stages.

  • Early Sign on Payment –applies where a Voluntary Land Acquisition Agreement (VLAA) is agreed before the planning authority makes its decision and payable following execution of the VLAA;
  • Co-operation Payment – Payable when the relevant section of Greenway is opened.

Regarding CPOs, the Code also outlines that the preferred mechanism to acquire land is by way of voluntary agreements; however, compulsory purchase mechanisms are allowed for, albeit as a last resort to ensure the delivery of a continuous route. As per my earlier comments, CPO is often required to resolve title difficulties.

The Code sets out an agreed collaborative approach for delivering National and Regional Greenways, aimed at achieving a balanced outcome for landowners, local communities, stakeholders and users. It is incumbent on the parties that agreed this Code to implement it in the progression and delivery of the Greenways programme.

5.0 Current Developments.

TII acknowledge the level of concern expressed by the landowners and farming organisations in relation to the delivery of the Greenway programme and is working with the Department of Transport to find mechanisms to improve the existing processes and procedures.

6.0 Strategy Review
In July 2018 the Department of Transport Tourism and Sport published the “Strategy for the Future Development of National and Regional Greenways”.

The Strategy provides the framework for the delivery of the National and Regional Greenway programme. It is acknowledged by the Department and TII that there is a need to review and update the Strategy during 2026 and to invite feedback on the operation and implementation of the Strategy and the Code. Consultants have recently been appointed by the Department to carry out this review process on their behalf and engagement with stakeholders will commence shortly. It is anticipated that a new Strategy will be developed and published for consultation in 2027. The Strategy review will include a review of the overall programme. Projects will be assessed and delivery may be phased in recognition of the level of funding available under the sectoral plan for the period 2026 to 2030.

7.0 Code Review

The Code is subject to regular reviews by the parties that signed and agreed the Code, this process is ongoing. The latest review meeting of the Code Best Practice National and Regional Greenways took place on the 6th of March 2026 and there will be a further review before the end of 2026. In addition, the review of the Greenway Strategy led by the Department in 2026 with the support of TII will provide the opportunity for relevant and interested parties to provide feedback on the operation and implementation of the Code. TII will take this feedback into account in any later reviews.

8.0 Standards

Consultants have been appointed to review the Standards for the design and construction of Greenways to determine if changes can be made to reduce the impact on land holding while at the same time maintaining the operation and attractiveness of the facilities provided.

9.0 Other Items

Concerns raised over maintenance funding and payments related to specific greenways such as the Kerry Greenway early sign on agreement are acknowledged and under consideration.

10.0 Conclusion

TII is the Approving Authority for Roads and Greenways and provides funding and support to Local Authorities in the delivery of these programmes in line with Government policy. The National Road network provides vital transport infrastructure for all sectors of society. The network facilitates movement of people and goods and a wide range of trip purposes including health, education, employment, tourism and access to key services. Improvements to the Network are necessary to improve connectivity and regional growth, facilitate urban regeneration compact growth as well as to enhance safety and efficiency for the users.

Greenways improve the quality of life and health by providing safe, attractive spaces in local communities that encourage everyday movement, reduce stress, and foster social connections. Greenways support long-term behaviour change by fostering a culture of walking and cycling in the towns and villages they connect.

Design features like smooth surfaces, wide paths and gentle gradients make greenways accessible to all and enables access to outdoor space for people who may otherwise face barriers to participation, such as people with mobility impairments, older users, families, and those returning to activity after illness or injury.

Greenways also offer substantial economic benefits through tourism, property value uplift, job creation, and local business growth. Examples like the Great Western Greenway in Co. Mayo are generating an annual economic impact of between €5-8 million, and a payback period of six years.

TII is committed to working with our partners in the Local Authorities and the Department to improve the delivery mechanisms and acceptability of the TII funded programmes. In relation to Greenways the Department have commenced a review of the Greenway Strategy which will inform the future policy context for delivery. This review will also collate feedback on the Code of practice for Greenways and inform a review of the Code.

CPO is a long-established process enshrined in Irish law. Access to a CPO process is essential to deliver continuous longitudinal road and greenway infrastructure and to protect the value of the state investment. The process aims to achieve a negotiated settlement and provide appropriate compensation. Ultimately it includes the option to refer to arbitration if the parties remain unsatisfied. Changes to CPO legislation is outside the remit of TII however TII is convinced that the availability of the option to acquire land by CPO is essential to enable to delivery of public infrastructure.

 

Appendix A 

The CPO Process