Wednesday 20 January 2010

Lissadell right of way claim rejected

Extensive documentary evidence about the Lissadell estate in Co Sligo dating back 200 years does not contain a single document showing the Gore-Booth family dedicated public rights of way, the High Court heard today.

Brian Murray SC, for the Lissadell owners, said there was no record of claims by Sligo County Council that such a dedication occurred at the beginning of the 19th century.

Gabrielle Gore-Booth, whose family owned the estate for some 400 years, had at one stage in 1956 closed off all four gates to the estate, he said. This was an action not suggestive of any belief by her of a right of public access, he argued.

A letter in 1969 from Aideen Gore-Booth - stating her father Sir Jocelyn had opened the estate to the public after 1900 and the public had rights of way since over three avenues in the estate - had to be seen against a background where the family were very anxious to secure funding for maintenance of the roads in the estate, counsel submitted.

The claim that public rights of way were dedicated from 1900 was “utterly implausible” on several grounds, including their location and extent as it was alleged the rights of way went right up to the house and criss-crossed every principal avenue.

Lissadell House, he argued, was built so as to maximise the privacy of its inhabitants and this was illustrated by the fact there was a tunnel for deliveries so the vista from the house should not be broken.

Counsel was outlining some arguments of barristers Edward Walsh SC and Constance Cassidy SC at the resumption of their action before Mr Justice Bryan McMahon over whether there are public rights of way on certain roads through the estate, now extending over some 410 acres but once incorporating 32,000 acres.

The couple bought the estate, the former home of Countess Constance Markievicz, for almost €4 million in 2003 and have spent some €9.5 million restoring it. They claim they cannot operate it as a tourist amenity if public rights of way exist.

The hearing was adjourned last October to allow assessment of the significance of recently discovered documents, some dating from the early 19th century. The owners claim the documents disclose no dedication of public rights of way but the council disputes that.

Mr Murray said Sir Michael Gore-Booth was made a ward of court after his father, Sir Jocelyn Gore-Booth, died in 1944 and the estate came under the control of the High Court wards of court office for several years.

A letter of February 1954 to SCC from the President of the High Court, who managed the wards of court list, stated the court did not object to the council carrying out certain road works on the estate provided it accepted this would give neither the council nor the public any right to claim a public right of way over the roads, Mr Murray said.

That letter also said there would be access to the sea shore at Lissadell but a gate on that road would be closed once a year to maintain the private nature of the road. The council accepted those conditions.

While some public monies were spent on road works, this was an acknowledgement tourists were interested in visiting Lissadell and were permitted to do so by courtesy of the owners, he added.

Ms Cassidy and Mr Walsh, with addresses at Morristown, Lattin, Naas, Co Kildare and Lissadell, are seeking orders and declarations that four routes in the estate are not subject to public rights of way.

The council contends public rights of way do exist including on the basis public monies were spent since 1954 on certain roadways.

The proceedings began after the council passed a resolution in December 2008 to amend the Sligo County Development plan to include provision for the “preservation of the public rights of way” at Lissadell. As a result of that resolution, the owners closed Lissadell House to the public in January 2009.

The case continues.

Irish Times

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