THE HIGH Court judge hearing the dispute over whether there are public rights of way across the historic Lissadell estate in Co Sligo has said he will visit the estate before the conclusion of the case.
Mr Justice Bryan McMahon announced his intention yesterday to lawyers for the owners of the estate and for Sligo County Council and asked the sides what would be an appropriate time for him to visit. The case is expected to last several more weeks, the judge also heard.
Earlier, the judge was told by Brian Murray SC, for the owners, Edward Walsh and Constance Cassidy, that his side disputed the council’s claim that public rights of way across the estate were created under some 14 grants made in the 19th century for the upkeep of various roads between Lissadell and other locations in counties Sligo and Leitrim.
Counsel said the crucial issue was that these grand jury grants, made on dates from 1813 to 1834, appeared to relate to roads “between” Lissadell and other locations and not to roads “within” Lissadell itself.
His side had been unable to find any grant referring to the building of anything at or within Lissadell. Many of the grants also related to long stretches of road and it was not clear what specific part of the road to which the grant related.
Mr Murray was addressing issues in the council’s counter-claim in the proceedings brought against it by the owners in which they are seeking declarations that there are no public rights of way over four roads in Lissadell.
Among various claims in its counter claim, the council contends the dedication and/or acceptance of public rights of way over the roads in question can be inferred from various materials, including the passage over the roads by members of the public “throughout living memory and since at least 1900”.
It also relies on various maps and the use of public money for the upkeep of roads at Lissadell.
The council also claims public rights of way may be inferred from the making of grants by the grand jury for the county of Sligo on dates from 1813 to March 1834 to the owners’ predecessors in title for the purposes of building or repairing the roadways.
Mr Murray said he expected to continue his opening today, after which his side will call evidence.
The action resumed this week after being adjourned last October to allow the sides assess the significance of discovered documents.
Mr Walsh and Ms Cassidy, whose principal address is Morristown, Lattin, Naas, Co Kildare, but who use Lissadell as a second home, bought the Lissadell estate, extending over some 410 acres and the former home of Countess Constance Markievicz, for almost €4 million in 2003. They have spent some €9.5 million restoring it and claim they cannot operate it as a tourist amenity if public rights of way exist.
Irish Times
www.buckplanning.ie
Showing posts with label lissadell house. Show all posts
Showing posts with label lissadell house. Show all posts
Thursday, 21 January 2010
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
www.buckplanning.ie
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
www.buckplanning.ie
No evidence of Lissadell right of way, court told
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 over the estate, the High Court was told yesterday.
Sligo County Council was claiming such a dedication occurred at the beginning of the 19th century but there was no record of that, Brian Murray SC, for the Lissadell owners, said.
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, 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 stated her father Sir Jocelyn had opened the estate to the public after 1900. Since then the public had rights of way over three avenues in the estate. The letter had to be seen against a background where the Gore-Booths were very anxious to secure funding for maintenance of the roads in the estate, Mr Murray said.
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, illustrated by the fact there was a tunnel for deliveries so the vista from the house should not be broken.
Mr Murray was outlining some arguments of Edward Walsh and Constance Cassidy 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 410 acres but once incorporating 32,000 acres.
The couple bought the estate, once the home of Countess Constance Markievicz, for almost €4 million in 2003 and have spent €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 yesterday that 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 Sligo council 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 its private nature. The council accepted those conditions. While some public money was spent on road works, this was an acknowledgment that 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 that public money was spent since 1954 on certain roadways.
Proceedings began after the council in December 2008 passed a resolution to amend the county development plan to include provision for “preservation of the public rights of way” at Lissadell. As a result, Lissadell House was closed to the public in January 2009.
The case continues.
Irish Times
www.buckplanning.ie
Sligo County Council was claiming such a dedication occurred at the beginning of the 19th century but there was no record of that, Brian Murray SC, for the Lissadell owners, said.
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, 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 stated her father Sir Jocelyn had opened the estate to the public after 1900. Since then the public had rights of way over three avenues in the estate. The letter had to be seen against a background where the Gore-Booths were very anxious to secure funding for maintenance of the roads in the estate, Mr Murray said.
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, illustrated by the fact there was a tunnel for deliveries so the vista from the house should not be broken.
Mr Murray was outlining some arguments of Edward Walsh and Constance Cassidy 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 410 acres but once incorporating 32,000 acres.
The couple bought the estate, once the home of Countess Constance Markievicz, for almost €4 million in 2003 and have spent €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 yesterday that 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 Sligo council 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 its private nature. The council accepted those conditions. While some public money was spent on road works, this was an acknowledgment that 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 that public money was spent since 1954 on certain roadways.
Proceedings began after the council in December 2008 passed a resolution to amend the county development plan to include provision for “preservation of the public rights of way” at Lissadell. As a result, Lissadell House was closed to the public in January 2009.
The case continues.
Irish Times
www.buckplanning.ie
Thursday, 22 October 2009
Lissadell case adjourned after documents found
THE LEGAL row over whether there are public rights of way through the historic Lissadell Estate in Co Sligo has been adjourned for several weeks following the recent discovery of documents potentially relevant to the issue.
The adjournment came yesterday after lawyers for Sligo County Council told the High Court documents had recently been discovered, some believed to date from the early 19th century, which may be relevant to the case.
Mr Justice Bryan McMahon agreed to an application by the owners of the estate, barristers Constance Cassidy SC and Edward Walsh SC, to adjourn the proceedings in those circumstances.
Donal O’Donnell SC, for the owners, following discussions between the parties, had asked the judge to adjourn so as to “allow certain inquires to be made” with a view to recommencing the hearing.
Nuala Butler SC, for the council, consented to the adjournment.
Mr Justice McMahon earlier refused Mr O’Donnell’s application to abort the case completely after saying he he did not wish to make a judgment “in ignorance of evidence” that may come into the public domain.
He wished to consider the case as fairly and as expeditiously as possible, he said.
The case will be mentioned before the High Court in December to see how matters have progressed.
In their proceedings, 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 any public rights of way.
The council is also facing a claim for damages for alleged slander of title, negligence and intentional and/or unlawful interference with the owners’ economic interests.
The council denies all the claims and, in a counter-claim, wants a declaration the four routes are subject to a public right of way.
The proceedings were initiated after the council on December 1th last passed a resolution to amend the Sligo County Development plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
The council has claimed no decision to begin the formal process of amending the plan has been made to date and that it assured the owners it had not determined public rights of way exist over the lands.
However, as a result of the council’s resolution, the owners closed Lissadell House, the former home of the Gore-Booth family, to the public last January. The Gore-Booth family owned the Lissadell Estate, which originally consisted of some 32,000 acres, for more than 400 years.
The owners claim they would be unable to operate the estate as a tourist amenity if the rights of way existed.
They 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.
Irish Times
www.buckplanning.ie
The adjournment came yesterday after lawyers for Sligo County Council told the High Court documents had recently been discovered, some believed to date from the early 19th century, which may be relevant to the case.
Mr Justice Bryan McMahon agreed to an application by the owners of the estate, barristers Constance Cassidy SC and Edward Walsh SC, to adjourn the proceedings in those circumstances.
Donal O’Donnell SC, for the owners, following discussions between the parties, had asked the judge to adjourn so as to “allow certain inquires to be made” with a view to recommencing the hearing.
Nuala Butler SC, for the council, consented to the adjournment.
Mr Justice McMahon earlier refused Mr O’Donnell’s application to abort the case completely after saying he he did not wish to make a judgment “in ignorance of evidence” that may come into the public domain.
He wished to consider the case as fairly and as expeditiously as possible, he said.
The case will be mentioned before the High Court in December to see how matters have progressed.
In their proceedings, 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 any public rights of way.
The council is also facing a claim for damages for alleged slander of title, negligence and intentional and/or unlawful interference with the owners’ economic interests.
The council denies all the claims and, in a counter-claim, wants a declaration the four routes are subject to a public right of way.
The proceedings were initiated after the council on December 1th last passed a resolution to amend the Sligo County Development plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
The council has claimed no decision to begin the formal process of amending the plan has been made to date and that it assured the owners it had not determined public rights of way exist over the lands.
However, as a result of the council’s resolution, the owners closed Lissadell House, the former home of the Gore-Booth family, to the public last January. The Gore-Booth family owned the Lissadell Estate, which originally consisted of some 32,000 acres, for more than 400 years.
The owners claim they would be unable to operate the estate as a tourist amenity if the rights of way existed.
They 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.
Irish Times
www.buckplanning.ie
Wednesday, 21 October 2009
No public right of way at Lissadell, say owners
THE OWNERS of Lissadell Estate in Co Sligo have insisted before the High Court that there are no public rights of way in the historic estate, the former home of Countess Constance Markievicz.
If such rights of way exist, it would be “impossible” to run Lissadell as a tourist attraction, Donal O’Donnell SC, for owners Eddie Walsh and Constance Cassidy argued.
An assertion of such rights of way over the 410-acre Lissadell Estate was “bizarre” and “unprecedented in law” as they do not exist, counsel said.
He was opening judicial review proceedings arising from the dispute between the owners of the estate and Sligo County Council. The case is being heard by Mr Justice Bryan McMahon and is expected to last for several weeks.
Ms Cassidy and Mr Walsh, with addresses at Morristown, Lattin, Naas, Co Kildare, and Lissadell, are seeking declarations that the routes in question are not subject to any public rights of way, and an order restraining the council and others from wrongfully asserting the routes are subject to a public right of way.
The council is also facing a claim for damages for alleged slander of title, negligence and intentional and/or unlawful interference with the owners’ economic interests.
The council denies all the claims and, in a counter-claim, is seeking a declaration that the four routes are subject to a right of way in favour of the public.
The proceedings were initiated after the council last December passed a resolution to amend the Sligo County Development Plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
The council has claimed that no decision to commence the formal process of amending the plan has been made to date. It also says it had assured the owners it had not determined that public rights of way exist over the lands.
As a result of the council’s resolution, the owners closed Lissadell House, former home of the Gore Booth family, to the public last January. The Gore Booth family owned the Lissadell Estate, originally consisting of some 32,000 acres, for more than 400 years.
Yesterday, Mr O’Donnell said the owners would not be able to operate the estate as a tourist amenity if the rights of way existed. One of the four routes at issue went right up to the front of Lissadell House, which was built in 1830, he said. A right of way would mean it was open to all members of the public, be they “joy riders or truck drivers”.
Counsel said the estate was of great benefit to Co Sligo and had in 2008 attracted approximately 50,000 visitors. It offered guided tours and entry to gardens, and contained exhibits related to its association with historical figures such as Countess Markievicz, the poet WB Yeats and the painter Jack Yeats.
Mr O’Donnell said the claims of a public right of way were based “on low grade evidence”, including fragments of maps and memories and recollections of the distant past. It was his clients’ case that this was a misunderstanding, and that the reputed right of way was in fact trespass.
To be satisfied such a right existed, the court must be satisfied a land owner had dedicated a route on his property for public use, counsel said.
There was no evidence from documents, including family papers of the Gore Booths dedicated to the public library in Northern Ireland, ward-of-court papers related to a Gore Booth family heir being a ward of court from 1944 until his death in the 1980s, or from Sligo County Council’s own documents to show such a dedication ever took place.
A historian would give evidence that the inner part of most landed estates were always kept private, counsel added.
Mr O’Donnell told the court his clients had purchased Lissadell from the Gore Booth family in 2003 for approximately €4 million and had since spent more than €9.5 million restoring it. When they bought it, they were never informed by the council of any public rights right of way, he said.
Irish Times
www.buckplanning.ie
If such rights of way exist, it would be “impossible” to run Lissadell as a tourist attraction, Donal O’Donnell SC, for owners Eddie Walsh and Constance Cassidy argued.
An assertion of such rights of way over the 410-acre Lissadell Estate was “bizarre” and “unprecedented in law” as they do not exist, counsel said.
He was opening judicial review proceedings arising from the dispute between the owners of the estate and Sligo County Council. The case is being heard by Mr Justice Bryan McMahon and is expected to last for several weeks.
Ms Cassidy and Mr Walsh, with addresses at Morristown, Lattin, Naas, Co Kildare, and Lissadell, are seeking declarations that the routes in question are not subject to any public rights of way, and an order restraining the council and others from wrongfully asserting the routes are subject to a public right of way.
The council is also facing a claim for damages for alleged slander of title, negligence and intentional and/or unlawful interference with the owners’ economic interests.
The council denies all the claims and, in a counter-claim, is seeking a declaration that the four routes are subject to a right of way in favour of the public.
The proceedings were initiated after the council last December passed a resolution to amend the Sligo County Development Plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
The council has claimed that no decision to commence the formal process of amending the plan has been made to date. It also says it had assured the owners it had not determined that public rights of way exist over the lands.
As a result of the council’s resolution, the owners closed Lissadell House, former home of the Gore Booth family, to the public last January. The Gore Booth family owned the Lissadell Estate, originally consisting of some 32,000 acres, for more than 400 years.
Yesterday, Mr O’Donnell said the owners would not be able to operate the estate as a tourist amenity if the rights of way existed. One of the four routes at issue went right up to the front of Lissadell House, which was built in 1830, he said. A right of way would mean it was open to all members of the public, be they “joy riders or truck drivers”.
Counsel said the estate was of great benefit to Co Sligo and had in 2008 attracted approximately 50,000 visitors. It offered guided tours and entry to gardens, and contained exhibits related to its association with historical figures such as Countess Markievicz, the poet WB Yeats and the painter Jack Yeats.
Mr O’Donnell said the claims of a public right of way were based “on low grade evidence”, including fragments of maps and memories and recollections of the distant past. It was his clients’ case that this was a misunderstanding, and that the reputed right of way was in fact trespass.
To be satisfied such a right existed, the court must be satisfied a land owner had dedicated a route on his property for public use, counsel said.
There was no evidence from documents, including family papers of the Gore Booths dedicated to the public library in Northern Ireland, ward-of-court papers related to a Gore Booth family heir being a ward of court from 1944 until his death in the 1980s, or from Sligo County Council’s own documents to show such a dedication ever took place.
A historian would give evidence that the inner part of most landed estates were always kept private, counsel added.
Mr O’Donnell told the court his clients had purchased Lissadell from the Gore Booth family in 2003 for approximately €4 million and had since spent more than €9.5 million restoring it. When they bought it, they were never informed by the council of any public rights right of way, he said.
Irish Times
www.buckplanning.ie
Tuesday, 8 September 2009
'Unprecedented hostility' over Lissadell motions
MAYOR OF Sligo Cllr Jimmy McGarry said yesterday that he had been subjected to “unprecedented hostility” in the county council chamber when he put down motions regarding the controversy over Lissadell House.
The owners of the historic house have initiated High Court proceedings against the council over the issue of public rights of way, and the case is due to be heard next month.
The former home of Countess Markievicz was closed to the public for several months this year because of the row, and is due to be closed again later this month. The mayor said that regardless of the outcome, “this conflict would go wrong for Sligo”.
In comments circulated to elected members – which he was not allowed to make at yesterday’s council meeting – Mr McGarry (Lab) said that if the council wins the court action, “Lissadell as we know it will be lost as a flagship tourism asset and employer”.
He said that if the council loses the case, the financial cost will be an estimated €2 million, and pointed out that the local authority has already had to cut 47 jobs this year as result of a budgetary shortfall of €2 million.
A row erupted at yesterday’s council meeting when the chairman, Cllr Gerry Murray, refused to allow the mayor’s motion seeking an update on the case.
The chairman said he had “legal advice” that the matter was sub judice, but when challenged on this he confirmed that the legal advice was not in writing.
When the meeting reconvened after lunch, the legal advice was available in writing and was circulated to members.
However, Mlr McGarry had argued that he had conflicting legal advice to the effect that his motion did not refer to the substantive issue before the court, and should therefore have been allowed.
Irish Times
www.buckplanning.ie
The owners of the historic house have initiated High Court proceedings against the council over the issue of public rights of way, and the case is due to be heard next month.
The former home of Countess Markievicz was closed to the public for several months this year because of the row, and is due to be closed again later this month. The mayor said that regardless of the outcome, “this conflict would go wrong for Sligo”.
In comments circulated to elected members – which he was not allowed to make at yesterday’s council meeting – Mr McGarry (Lab) said that if the council wins the court action, “Lissadell as we know it will be lost as a flagship tourism asset and employer”.
He said that if the council loses the case, the financial cost will be an estimated €2 million, and pointed out that the local authority has already had to cut 47 jobs this year as result of a budgetary shortfall of €2 million.
A row erupted at yesterday’s council meeting when the chairman, Cllr Gerry Murray, refused to allow the mayor’s motion seeking an update on the case.
The chairman said he had “legal advice” that the matter was sub judice, but when challenged on this he confirmed that the legal advice was not in writing.
When the meeting reconvened after lunch, the legal advice was available in writing and was circulated to members.
However, Mlr McGarry had argued that he had conflicting legal advice to the effect that his motion did not refer to the substantive issue before the court, and should therefore have been allowed.
Irish Times
www.buckplanning.ie
Thursday, 16 July 2009
Reopening of Lissadell House for two months welcomed
TOURISM EXECUTIVES in the northwest yesterday welcomed the announcement that Lissadell House, the ancestral home of 1916 leader Countess Markievicz, is to reopen to the public on a temporary basis from tomorrow.
The historic Co Sligo house has been closed for six months because of a dispute over rights of way. A High Court hearing on the issue is due to open on October 20th and is expected to last up to two weeks.
Isobel Cassidy, manager of the estate, said yesterday that the long-term future of the house depended on the outcome of the hearing.
Pascal Mooney, chairman of North West Tourism, and the mayor of Sligo, Cllr Jim McGarry, were among those who yesterday welcomed the announcement that the house and gardens, which attracted 44,000 visitors last year, will be open to the public from July 17th to September 20th next.
The mayor recently said huge numbers of visitors were turning up to find closed signs on the locked gates at Lissadell.
The reopening comes just a week before the opening of the 50th Yeats International Summer School. Mr Mooney pointed out that Lissadell was an important landmark on the Yeats Trail, launched in Sligo earlier this year by Nobel laureate Seamus Heaney to mark the 70th anniversary of the poet’s death.
In a statement yesterday, owners Constance Cassidy and Edward Walsh said they had made the decision to reopen for “a limited period” after discussions with the mayor and local Fine Gael TD John Perry, who had expressed concern about the damage being done to tourism in Sligo and to local businesses as a result of the closure.
“Following discussions with Deputy Perry and Cllr McGarry, and having regard to our pre-existing contractual commitments for this year, we have agreed to open Lissadell to the public on a limited basis for a limited period,” they said.
It is understood that Lissadell is registered with the Revenue Commissioners as a heritage house. Under section 42 of the Finance Bill such properties can avail of tax relief for expenditure on repair and maintenance work but are required to open to the public for 60 days annually, including 40 days from May to September.
But Isabel Cassidy said yesterday that the decision to open had been prompted by the fact that a date had been set for the court hearing and also by the concerns of Mr Perry and the mayor about the impact of the closure to many businesses in Sligo.
She said the family was also anxious to “keep the place alive” in the event that it will be reopening on a permanent basis. “The future of Lissadell depends on the case,” she added.
Ms Cassidy said that since it closed to the public “the place is very sad” but she said that already following the announcement, there was a “great buzz around”.
Mr McGarry recently pointed out that the owners, who purchased the estate from the Gore Booth family, had invested €12 million in it and had employed 34 full-time and part-time staff.
The family said yesterday that a unanimous motion passed by Sligo County Council last December “in which they sought to declare all of the avenues within Lissadell to be subject to public rights of way” had rendered it incapable of being operated as a flagship tourism facility.
Sligo County Council said it would be making no comment on the decision to reopen given that the matter is sub judice.
Irish Times
www.buckplanning.ie
The historic Co Sligo house has been closed for six months because of a dispute over rights of way. A High Court hearing on the issue is due to open on October 20th and is expected to last up to two weeks.
Isobel Cassidy, manager of the estate, said yesterday that the long-term future of the house depended on the outcome of the hearing.
Pascal Mooney, chairman of North West Tourism, and the mayor of Sligo, Cllr Jim McGarry, were among those who yesterday welcomed the announcement that the house and gardens, which attracted 44,000 visitors last year, will be open to the public from July 17th to September 20th next.
The mayor recently said huge numbers of visitors were turning up to find closed signs on the locked gates at Lissadell.
The reopening comes just a week before the opening of the 50th Yeats International Summer School. Mr Mooney pointed out that Lissadell was an important landmark on the Yeats Trail, launched in Sligo earlier this year by Nobel laureate Seamus Heaney to mark the 70th anniversary of the poet’s death.
In a statement yesterday, owners Constance Cassidy and Edward Walsh said they had made the decision to reopen for “a limited period” after discussions with the mayor and local Fine Gael TD John Perry, who had expressed concern about the damage being done to tourism in Sligo and to local businesses as a result of the closure.
“Following discussions with Deputy Perry and Cllr McGarry, and having regard to our pre-existing contractual commitments for this year, we have agreed to open Lissadell to the public on a limited basis for a limited period,” they said.
It is understood that Lissadell is registered with the Revenue Commissioners as a heritage house. Under section 42 of the Finance Bill such properties can avail of tax relief for expenditure on repair and maintenance work but are required to open to the public for 60 days annually, including 40 days from May to September.
But Isabel Cassidy said yesterday that the decision to open had been prompted by the fact that a date had been set for the court hearing and also by the concerns of Mr Perry and the mayor about the impact of the closure to many businesses in Sligo.
She said the family was also anxious to “keep the place alive” in the event that it will be reopening on a permanent basis. “The future of Lissadell depends on the case,” she added.
Ms Cassidy said that since it closed to the public “the place is very sad” but she said that already following the announcement, there was a “great buzz around”.
Mr McGarry recently pointed out that the owners, who purchased the estate from the Gore Booth family, had invested €12 million in it and had employed 34 full-time and part-time staff.
The family said yesterday that a unanimous motion passed by Sligo County Council last December “in which they sought to declare all of the avenues within Lissadell to be subject to public rights of way” had rendered it incapable of being operated as a flagship tourism facility.
Sligo County Council said it would be making no comment on the decision to reopen given that the matter is sub judice.
Irish Times
www.buckplanning.ie
Tuesday, 12 May 2009
High Court action by owners of Lissadell
THE OWNERS of Lissadell estate in Co Sligo are seeking an early date for a hearing of their High Court action against Sligo County Council over whether there is a public right of way across the lands.
A substantial sum of money is involved and jobs are at stake, counsel for the owners told Mr Justice Frank Clarke yesterday.
Mr Justice Clarke said he would make inquiries with the president of the High Court in an attempt to secure a date, but in the meantime several discovery issues would be addressed this month.
The owners, barristers Edward Walsh and Constance Cassidy, claim the “wrongful” actions of the council in asserting a public right of way over part of their lands has imperilled the viability of the restoration of Lissadell, compromised the value of the premises and reduced the standing of the owners in the community.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
Peter Bland, for the owners, said the council was pleading the routes concerned had been in public use for a very long time. Perhaps the matter went as far back as 1189 or when the Firbolgs walked up and down the avenues concerned.
The court was told the defence would need about three months to prepare its case, and Siobhan Stack, for the council, rejected Mr Bland’s suggestion there was any unreasonable delay on the defendant’s part.
The proceedings were initiated after the council on December 1st, 2008, passed a resolution to amend the Sligo County Development Plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
The owners closed Lissadell House, the former home of the Gore Booth family, to the public last January.
The council is also facing a claim for damages for alleged slander of title, negligence, breach of duty and intentional and/or unlawful interference with the owners’ economic interests.
Irish Times
www.buckplanning.ie
A substantial sum of money is involved and jobs are at stake, counsel for the owners told Mr Justice Frank Clarke yesterday.
Mr Justice Clarke said he would make inquiries with the president of the High Court in an attempt to secure a date, but in the meantime several discovery issues would be addressed this month.
The owners, barristers Edward Walsh and Constance Cassidy, claim the “wrongful” actions of the council in asserting a public right of way over part of their lands has imperilled the viability of the restoration of Lissadell, compromised the value of the premises and reduced the standing of the owners in the community.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
Peter Bland, for the owners, said the council was pleading the routes concerned had been in public use for a very long time. Perhaps the matter went as far back as 1189 or when the Firbolgs walked up and down the avenues concerned.
The court was told the defence would need about three months to prepare its case, and Siobhan Stack, for the council, rejected Mr Bland’s suggestion there was any unreasonable delay on the defendant’s part.
The proceedings were initiated after the council on December 1st, 2008, passed a resolution to amend the Sligo County Development Plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
The owners closed Lissadell House, the former home of the Gore Booth family, to the public last January.
The council is also facing a claim for damages for alleged slander of title, negligence, breach of duty and intentional and/or unlawful interference with the owners’ economic interests.
Irish Times
www.buckplanning.ie
Tuesday, 21 April 2009
Lissadell right of way case adjourned
THE LEGAL dispute between the owners of the Lissadell estate in Co Sligo and Sligo County Council over whether there is a public right of way across the lands has been adjourned at the High Court.
The owners – barristers Edward Walsh and Constance Cassidy – claim the “wrongful” actions of the council in asserting a public right of way over part of their lands has imperilled the viability of the restoration of Lissadell, compromised the value of the premises and reduced the standing of the owners in the community.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
The proceedings came before Mr Justice Frank Clarke yesterday via a motion for judgment by the owners against the council over its failure to date to file a defence.
Peter Bland, for the owners, said the council’s attitude was “torpid and cynical”, but Siobhán Stack, for the council, argued insufficient detail had been provided to allow a proper defence to be prepared.
The judge found there had been delay in providing a defence and he made directions for the exchange of legal documents between the sides within specified times. The proceedings were adjourned for three weeks.
Mr Walsh and Ms Cassidy want a declaration the routes in dispute are not subject to any public rights of way and an order restraining the council or others asserting the routes are subject to a right of way.
Irish Times
www.buckplanning.ie
The owners – barristers Edward Walsh and Constance Cassidy – claim the “wrongful” actions of the council in asserting a public right of way over part of their lands has imperilled the viability of the restoration of Lissadell, compromised the value of the premises and reduced the standing of the owners in the community.
Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.
The proceedings came before Mr Justice Frank Clarke yesterday via a motion for judgment by the owners against the council over its failure to date to file a defence.
Peter Bland, for the owners, said the council’s attitude was “torpid and cynical”, but Siobhán Stack, for the council, argued insufficient detail had been provided to allow a proper defence to be prepared.
The judge found there had been delay in providing a defence and he made directions for the exchange of legal documents between the sides within specified times. The proceedings were adjourned for three weeks.
Mr Walsh and Ms Cassidy want a declaration the routes in dispute are not subject to any public rights of way and an order restraining the council or others asserting the routes are subject to a right of way.
Irish Times
www.buckplanning.ie
Tuesday, 7 April 2009
Sligo council debates rights of way
SLIGO COUNTY Council has a strong case in its pending High Court battle with the owners of Lissadell House over rights-of-way on the estate, councillors have been told.
During a stormy discussion at the monthly meeting of the council, county manager Hubert Kearns resisted calls for the council’s legal advice to be circulated to elected members.
He insisted that disclosure could prejudice the council’s case. “The other side will not come forward and give us their legal advice,” Mr Kearns said.
At the outset of yesterday’s debate, there were claims that the matter was sub judice and should not be discussed because of the pending court case.
This view was described by Labour councillor Jim McGarry as a “disgrace”, an attempt to avoid answering questions and an attempt to stifle debate.
Mr McGarry, who raised the issue, was compared to the Gestapo by one of his colleagues after he asked the county manager whether two senior staff members were members of the Lissadell Action Group which has claimed that public rights-of-way exist on the estate.
Sinn Féin’s Seán MacManus said he would defend to his last breath the right of staff members to hold personal views and the county manager should not be asked to police their actions outside working hours.
Sligo mayor Veronica Cawley (Lab) said she was shocked that such a motion could come from a party colleague. Dissociating herself from the motion, which she said was “based on rumour and innuendo”, the mayor apologised to the staff.
In a letter to Sligo councillors yesterday, the Lissadell owners said the historic estate could soon be lost to the people of Sligo. They said they had been forced to close the house to the public in January even though they had hoped to increase visitor numbers from 40,000 to nearly 60,000 this year.
Owners Eddie Walsh and Constance Cassidy said they had to initiate a High Court case to establish that there were no public rights-of-way at Lissadell.
After the county manager was pressed on whether the council could win the High Court action,senior enforcement officer Joe Murphy told members that the legal advice was that the council had a good prima facie case.
Mr Murphy said that the manager was satisfied that no staff member with access to relevant files in this case had a personal or private interest in the issue.
Mr McGarry said there was widespread public unease about the failure to resolve the issue amicably.
Irish Times
www.buckplanning.ie
During a stormy discussion at the monthly meeting of the council, county manager Hubert Kearns resisted calls for the council’s legal advice to be circulated to elected members.
He insisted that disclosure could prejudice the council’s case. “The other side will not come forward and give us their legal advice,” Mr Kearns said.
At the outset of yesterday’s debate, there were claims that the matter was sub judice and should not be discussed because of the pending court case.
This view was described by Labour councillor Jim McGarry as a “disgrace”, an attempt to avoid answering questions and an attempt to stifle debate.
Mr McGarry, who raised the issue, was compared to the Gestapo by one of his colleagues after he asked the county manager whether two senior staff members were members of the Lissadell Action Group which has claimed that public rights-of-way exist on the estate.
Sinn Féin’s Seán MacManus said he would defend to his last breath the right of staff members to hold personal views and the county manager should not be asked to police their actions outside working hours.
Sligo mayor Veronica Cawley (Lab) said she was shocked that such a motion could come from a party colleague. Dissociating herself from the motion, which she said was “based on rumour and innuendo”, the mayor apologised to the staff.
In a letter to Sligo councillors yesterday, the Lissadell owners said the historic estate could soon be lost to the people of Sligo. They said they had been forced to close the house to the public in January even though they had hoped to increase visitor numbers from 40,000 to nearly 60,000 this year.
Owners Eddie Walsh and Constance Cassidy said they had to initiate a High Court case to establish that there were no public rights-of-way at Lissadell.
After the county manager was pressed on whether the council could win the High Court action,senior enforcement officer Joe Murphy told members that the legal advice was that the council had a good prima facie case.
Mr Murphy said that the manager was satisfied that no staff member with access to relevant files in this case had a personal or private interest in the issue.
Mr McGarry said there was widespread public unease about the failure to resolve the issue amicably.
Irish Times
www.buckplanning.ie
Monday, 26 January 2009
Lissadell row robs public of chance to see rare Yeats note
A rare letter which may have been the last written by poet WB Yeats before his death 70 years ago will go into storage this week because of a continuing row over Lissadell House in Sligo.
The exhibition of material, meticulously collected by Lissadell owners, Edward Walsh and Constance Cassidy, was due to go on display on Wednesday to coincide with the 70th anniversary of the death of the poet, forever synonymous with the north Sligo stately home.
But a row, which erupted weeks ago when Sligo County Council moved to preserve alleged rights of way through the 400-acre estate which are contested by its new lawyer owners, has led to the closure of the house to the public.
The launch of the exhibition was to have been one of a number of events to mark the special anniversary but barrister Edward Walsh confirmed yesterday that it had been agreed with Failte Ireland that it would be "pointless" launching the Yeats exhibition when it would then be closed to the public.
He has spent the past two years sourcing original Yeats material which would have been going on public show for the first time.
Among the material he has gathered are letters, including one which he believed could have been the last one ever written by the poet It was sent from Roquebrun in France, where Yeats lived out his final days, to a playwright called Mar Duncan who had sought the poet's approval of a play he had written for the Abbey Theatre.
"Yeats was quite scathing about the suitability of the particular play for the Abbey.
"I believe it could have been the last letter he ever wrote. If it wasn't the last, it certainly was written during his last week alive," said Mr Walsh.
The collection was to go on display in a special gallery in the magnificently refurbished coach house and, according to Mr Walsh, would have matched the Yeats collection in the National Gallery.
Frustrated
He admitted he felt frustrated that he had to abandon the project.
"The disillusionment intensifies to an amazing degree," he said.
On Wednesday, the death of the Nobel Laureate will be marked with a short memorial service in St John's Cathedral in Sligo.
This will be followed by the launch of the Yeats Trail when another Nobel Laureate, Seamus Heaney will introduce the newly updated leaflet covering locations in Sligo and Galway most associated by Yeats.
Meanwhile, Mr Walsh, whose family has initiated legal proceedings against Sligo County Council, revealed that an exploratory meeting between him and Sligo County Manager, Hubert Kearns will take place in Dublin tonight in a bid to break the impasse.
This is the first face-to-face meeting between both sides since the row erupted.
The Walsh-Cassidys insist that they were assured by the previous owner and the local authority that there were no public rights of way through the estate when they bought it in 2003.
Anita Guidera
Irish Independent
www.buckplanning.ie
The exhibition of material, meticulously collected by Lissadell owners, Edward Walsh and Constance Cassidy, was due to go on display on Wednesday to coincide with the 70th anniversary of the death of the poet, forever synonymous with the north Sligo stately home.
But a row, which erupted weeks ago when Sligo County Council moved to preserve alleged rights of way through the 400-acre estate which are contested by its new lawyer owners, has led to the closure of the house to the public.
The launch of the exhibition was to have been one of a number of events to mark the special anniversary but barrister Edward Walsh confirmed yesterday that it had been agreed with Failte Ireland that it would be "pointless" launching the Yeats exhibition when it would then be closed to the public.
He has spent the past two years sourcing original Yeats material which would have been going on public show for the first time.
Among the material he has gathered are letters, including one which he believed could have been the last one ever written by the poet It was sent from Roquebrun in France, where Yeats lived out his final days, to a playwright called Mar Duncan who had sought the poet's approval of a play he had written for the Abbey Theatre.
"Yeats was quite scathing about the suitability of the particular play for the Abbey.
"I believe it could have been the last letter he ever wrote. If it wasn't the last, it certainly was written during his last week alive," said Mr Walsh.
The collection was to go on display in a special gallery in the magnificently refurbished coach house and, according to Mr Walsh, would have matched the Yeats collection in the National Gallery.
Frustrated
He admitted he felt frustrated that he had to abandon the project.
"The disillusionment intensifies to an amazing degree," he said.
On Wednesday, the death of the Nobel Laureate will be marked with a short memorial service in St John's Cathedral in Sligo.
This will be followed by the launch of the Yeats Trail when another Nobel Laureate, Seamus Heaney will introduce the newly updated leaflet covering locations in Sligo and Galway most associated by Yeats.
Meanwhile, Mr Walsh, whose family has initiated legal proceedings against Sligo County Council, revealed that an exploratory meeting between him and Sligo County Manager, Hubert Kearns will take place in Dublin tonight in a bid to break the impasse.
This is the first face-to-face meeting between both sides since the row erupted.
The Walsh-Cassidys insist that they were assured by the previous owner and the local authority that there were no public rights of way through the estate when they bought it in 2003.
Anita Guidera
Irish Independent
www.buckplanning.ie
Saturday, 17 January 2009
Council wants to meet owners of Lissadell House
SLIGO COUNTY Council yesterday rejected suggestions that it was not treating with urgency the controversy over alleged rights of way which has led to the closure of Lissadell House.
The council insisted it has been seeking a meeting with the owners of the historic estate since April 2008. It also pointed out that its solicitors had reiterated the county manager’s offer to meet the owners as recently as last Wednesday, the day High Court proceedings were issued by them against the local authority.
Last Monday barristers Edward Walsh and Constance Cassidy, who bought Lissadell, the childhood home of 1916 leader Constance Markievicz, in 2003, closed it as a tourist attraction.
They said they had been forced to take this action because of the actions of Sligo County Council which had voted unanimously to amend the county development plan to make provision for the preservation of rights of way on the estate, rights which the owners insist do not exist.
The family pointed out that they had increased visitor numbers from 4,000 a year to over 40,000 but said that the council’s action would make it impossible to continue for reasons of public safety and insurance.
The closure has sparked a public outcry in the northwest and hopes of a resolution faded last Wednesday when the owners issued court proceedings against the council saying it was not treating the matter with urgency.
Yesterday, a spokesman for the council said he wished to “vehemently deny” this suggestion and said efforts to resolve the issue had been ongoing for months.
In interviews, Mr Walsh accused the council of launching an unprovoked attack on Lissadell and also suggested that recent developments might be linked to the forthcoming local elections.
In a statement yesterday the council said it wanted to clarify its position, given the level of publicity and statements about how it has handled the issue.
It said it had received extensive submissions from members of the public regarding “the curtailing of access along certain alleged public rights of way” at Lissadell.
It added that under the Roads Act it was a local authority’s function to protect the right of the public to use public rights of way in its administrative area.
The council said that on receipt of legal advice it had first sought a meeting with the owners last April and while “efforts to arrange a meeting continued”, no meeting had taken place.
Following the council vote on December 1st to amend the development plan, it said an offer to meet the owners was included in a letter to their solicitors from the county manager, Hubert Kearns, on December 19th last.
Last Monday council members passed a motion urging that the county manager and officials meet the owners of Lissadell and local people with a view to resolving the issue.
The council said yesterday that following that resolution, the county manager’s offer to meet was reiterated by the council’s solicitors last Wednesday. It said a response was received on the same day from the owners, through their solicitors, indicating they are willing to meet the manager.
The council said it hoped to be able to arrange a mutually convenient time soon.
Irish Times
www.buckplanning.ie
The council insisted it has been seeking a meeting with the owners of the historic estate since April 2008. It also pointed out that its solicitors had reiterated the county manager’s offer to meet the owners as recently as last Wednesday, the day High Court proceedings were issued by them against the local authority.
Last Monday barristers Edward Walsh and Constance Cassidy, who bought Lissadell, the childhood home of 1916 leader Constance Markievicz, in 2003, closed it as a tourist attraction.
They said they had been forced to take this action because of the actions of Sligo County Council which had voted unanimously to amend the county development plan to make provision for the preservation of rights of way on the estate, rights which the owners insist do not exist.
The family pointed out that they had increased visitor numbers from 4,000 a year to over 40,000 but said that the council’s action would make it impossible to continue for reasons of public safety and insurance.
The closure has sparked a public outcry in the northwest and hopes of a resolution faded last Wednesday when the owners issued court proceedings against the council saying it was not treating the matter with urgency.
Yesterday, a spokesman for the council said he wished to “vehemently deny” this suggestion and said efforts to resolve the issue had been ongoing for months.
In interviews, Mr Walsh accused the council of launching an unprovoked attack on Lissadell and also suggested that recent developments might be linked to the forthcoming local elections.
In a statement yesterday the council said it wanted to clarify its position, given the level of publicity and statements about how it has handled the issue.
It said it had received extensive submissions from members of the public regarding “the curtailing of access along certain alleged public rights of way” at Lissadell.
It added that under the Roads Act it was a local authority’s function to protect the right of the public to use public rights of way in its administrative area.
The council said that on receipt of legal advice it had first sought a meeting with the owners last April and while “efforts to arrange a meeting continued”, no meeting had taken place.
Following the council vote on December 1st to amend the development plan, it said an offer to meet the owners was included in a letter to their solicitors from the county manager, Hubert Kearns, on December 19th last.
Last Monday council members passed a motion urging that the county manager and officials meet the owners of Lissadell and local people with a view to resolving the issue.
The council said yesterday that following that resolution, the county manager’s offer to meet was reiterated by the council’s solicitors last Wednesday. It said a response was received on the same day from the owners, through their solicitors, indicating they are willing to meet the manager.
The council said it hoped to be able to arrange a mutually convenient time soon.
Irish Times
www.buckplanning.ie
Thursday, 15 January 2009
Lissadell owners take fight to high court
THE owners of Lissadell House have initiated High Court proceedings to resolve the issue of public rights of way over the Sligo estate.
The ancestral home of Countess Markievicz and its grounds were closed to the public this week. Owners Edward Walsh and Constance Cassidy claimed they were unable to continue with the development of the property as a tourist attraction because of an ongoing dispute with some local residents over rights of way on certain roads in the estate.
Their consistent claims that there are no public rights of way through the land are being challenged by locals who say that such rights of way have existed for generations.
Matters came to a head last month when Sligo County Council voted to amend its development plan to make provision for the preservation of rights of way through Lissadell.
But in the wake of the decision by the owners to close down the estate, the council passed an emergency motion earlier this week seeking an immediate meeting with the owners and locals.
In a statement issued last night, the barrister couple criticised Sligo County Council for failing to inform them of that emergency motion. "The only reason we know about this resolution is because we became aware of it in the media."
Anita Guidera
Irish Independent
www.buckplanning.ie
The ancestral home of Countess Markievicz and its grounds were closed to the public this week. Owners Edward Walsh and Constance Cassidy claimed they were unable to continue with the development of the property as a tourist attraction because of an ongoing dispute with some local residents over rights of way on certain roads in the estate.
Their consistent claims that there are no public rights of way through the land are being challenged by locals who say that such rights of way have existed for generations.
Matters came to a head last month when Sligo County Council voted to amend its development plan to make provision for the preservation of rights of way through Lissadell.
But in the wake of the decision by the owners to close down the estate, the council passed an emergency motion earlier this week seeking an immediate meeting with the owners and locals.
In a statement issued last night, the barrister couple criticised Sligo County Council for failing to inform them of that emergency motion. "The only reason we know about this resolution is because we became aware of it in the media."
Anita Guidera
Irish Independent
www.buckplanning.ie
Lissadell owners to take council to court
THE OWNERS of Lissadell House yesterday issued High Court proceedings against Sligo County Council just days after the historic estate closed its doors to the public.
Last night barrister Eddie Walsh, who with his wife Constance Cassidy bought the childhood home of 1916 leader Countess Markievicz in 2003, said he was “absolutely shattered” and felt that five years’ work had been poured down the drain.
The couple closed the house last Monday, blaming the council’s decision to amend its county development plan to assert public rights of way through the estate.
The owners, who insist that they bought Lissadell as a private property and that no such rights of way exist, expressed anger that they had received no communication from Sligo County Council since last Monday when elected members passed a resolution that a meeting be sought with them on the issue.
They said that they viewed this matter with the utmost gravity but “it is very clear to us that the council do not regard this matter as urgent”.
Mr Walsh said that irrespective of the outcome of the court proceedings, he doubted whether “we will ever see Lissadell in the same shape”. And he stressed that if the family lose the case “we are gone”.
He said he believed that his position, that there are no public rights of way through the estate, would be upheld by the court but even if this is the case “I just question whether all the effort, commitment and money has been worthwhile”.
A spokesman for the council said last night that it had hoped to meet the owners of Lissadell House to discuss the situation as recommended by the elected members on Monday.
He said that given that legal proceedings had now been initiated, it would be inappropriate to make any other comment.
There has been controversy since the couple announced last week they were closing Lissadell as a tourist attraction and at last Monday’s monthly meeting of the council, standing orders were suspended to allow a discussion on the matter.
A resolution was passed that the manager and officials would enter into discussion with the owners and local people with a view to having the matter resolved.
The owners said that the only reason they knew about this resolution was because they learned of it in the media.
They added that they had also repeatedly asked for documents from the council, but these have not been made available either.
“Accordingly, in circumstances where the county council do not appear to be complying with their own resolution, we have today instituted legal proceedings.
“The matter will now proceed in the High Court,” they said.
Mr Walsh said that since Monday they had been manning the phones and had awaited an e-mail or a communication through the post either to Lissadell, the Law Library or though their solicitor, but to no avail.
He said that when they had bought Lissadell they had inquired from the council whether there were public roads in charge there and in a response the council had not made any reference to rights of way which “I would have thought disingenuous if not deceptive or downright dishonest”.
He said he and his family had spent over four years working and pouring money into Lissadell in an attempt to achieve something wonderful there and he was “utterly appalled and horrified” that the council after almost five years had taken this step.
Irish Times
www.buckplanning.ie
Last night barrister Eddie Walsh, who with his wife Constance Cassidy bought the childhood home of 1916 leader Countess Markievicz in 2003, said he was “absolutely shattered” and felt that five years’ work had been poured down the drain.
The couple closed the house last Monday, blaming the council’s decision to amend its county development plan to assert public rights of way through the estate.
The owners, who insist that they bought Lissadell as a private property and that no such rights of way exist, expressed anger that they had received no communication from Sligo County Council since last Monday when elected members passed a resolution that a meeting be sought with them on the issue.
They said that they viewed this matter with the utmost gravity but “it is very clear to us that the council do not regard this matter as urgent”.
Mr Walsh said that irrespective of the outcome of the court proceedings, he doubted whether “we will ever see Lissadell in the same shape”. And he stressed that if the family lose the case “we are gone”.
He said he believed that his position, that there are no public rights of way through the estate, would be upheld by the court but even if this is the case “I just question whether all the effort, commitment and money has been worthwhile”.
A spokesman for the council said last night that it had hoped to meet the owners of Lissadell House to discuss the situation as recommended by the elected members on Monday.
He said that given that legal proceedings had now been initiated, it would be inappropriate to make any other comment.
There has been controversy since the couple announced last week they were closing Lissadell as a tourist attraction and at last Monday’s monthly meeting of the council, standing orders were suspended to allow a discussion on the matter.
A resolution was passed that the manager and officials would enter into discussion with the owners and local people with a view to having the matter resolved.
The owners said that the only reason they knew about this resolution was because they learned of it in the media.
They added that they had also repeatedly asked for documents from the council, but these have not been made available either.
“Accordingly, in circumstances where the county council do not appear to be complying with their own resolution, we have today instituted legal proceedings.
“The matter will now proceed in the High Court,” they said.
Mr Walsh said that since Monday they had been manning the phones and had awaited an e-mail or a communication through the post either to Lissadell, the Law Library or though their solicitor, but to no avail.
He said that when they had bought Lissadell they had inquired from the council whether there were public roads in charge there and in a response the council had not made any reference to rights of way which “I would have thought disingenuous if not deceptive or downright dishonest”.
He said he and his family had spent over four years working and pouring money into Lissadell in an attempt to achieve something wonderful there and he was “utterly appalled and horrified” that the council after almost five years had taken this step.
Irish Times
www.buckplanning.ie
Tuesday, 13 January 2009
Council in bid to end Lissadell House row
SLIGO County Council is to seek immediate talks with the owners of Lissadell House in a effort to resolve a row which has led to the closure of the ancestral home of Countess Markievicz to the public.
At a meeting yesterday, members voted that the council enter into discussion with the owners and locals to try to resolve a dispute over rights of way through the north Sligo estate.
Last month, the council voted to amend its County Developnent plan to protect rights of way through Lissadell, which one local councillor, Joe Leonard, maintained have existed for generations.
But barrister owners Eddie Walsh and Constance Cassidy, who claim they cannot continue to operate the house as a tourist attraction under those conditions, say they received assurances from the local authority and the previous owners, that there is no public right of way through the estate.
Anita Guidera
Irish Independent
www.buckplanning.ie
At a meeting yesterday, members voted that the council enter into discussion with the owners and locals to try to resolve a dispute over rights of way through the north Sligo estate.
Last month, the council voted to amend its County Developnent plan to protect rights of way through Lissadell, which one local councillor, Joe Leonard, maintained have existed for generations.
But barrister owners Eddie Walsh and Constance Cassidy, who claim they cannot continue to operate the house as a tourist attraction under those conditions, say they received assurances from the local authority and the previous owners, that there is no public right of way through the estate.
Anita Guidera
Irish Independent
www.buckplanning.ie
Wednesday, 3 December 2008
Owners threaten to close Lissadell
THE OWNERS of Lissadell House, the ancestral home of Countess Markievicz, have warned they will not keep it open as a tourist facility if Sligo County Council asserts public rights of way through the estate.
Councillors voted unanimously on Monday to amend the current county development plan to include a provision for "the preservation of public rights of way" along a number of routes at Lissadell.
The motion was proposed by Cllr Joe Leonard (FG) who said yesterday that local people were anxious that an amicable resolution be found, although the issue had been "a festering sore" for some time. He said 47 people had submitted depositions to the council two years ago asserting that there was a public right of way on routes which had now been blocked off but which generations of local families had used.
In an e-mail to councillors before Monday's meeting, barristers Eddie Walsh and Constance Cassidy, who bought Lissadell in 2003, said it had been sold as a private property and there were no public rights of way across the estate.
They said at the time all internal roads on the estate were clearly excluded by the council from being in public charge. They added that they had invested considerable private funds and personal effort transforming Lissadell and had increased the number of visitors from 4,000 to 48,000 annually without public funds.
"We have avoided the easy options to exploit and develop Lissadell commercially, but there is only so much one family can do," they told councillors.
"If we do not enjoy the support of the councillors who represent the people of Sligo, then our efforts are at naught. Why would anyone continue?"
The couple said they would fight the issue "all the way". They could not continue to operate "if the estate is turned into a rat run" or if they are forced to embark on an expensive legal battle.
Mr Leonard said he acknowledged the work done at the estate since 2003 but he did not accept a public right of way would affect activities there. "It will not inhibit their ability to sell jams or wine," he said.
A number of entrances to the estate had been closed to the public and while Lissadell beach could still be accessed through an entrance owned by Coillte, people who had traditionally used other routes to the beach could no longer do so. He said it was wrong to assume that because the council had not taken charge of the roads that they were not public.
Mr Walsh and Ms Cassidy said it was "noteworthy" that this issue had first been raised in the lead-up to the last local election and was now resurfacing as another election approaches. "These people have had five years to bring an action but they have not done so." They said they were "very disappointed" with the vote and surprised they had received no notification from the council before or since the meeting, even though "this materially affects our rights".
The council must now issue public notices of its intention to amend the plan, and the public has six weeks to object or make submissions. The issue then goes back to elected members for a vote. Asked whether they would fight this move through the courts, the couple confirmed that they would "defend this unwarranted attack to the very end".
They believed those opposing their stance "do not represent the majority of the people of Sligo".
In the e-mail to elected members they said this would "lead only to protracted and expensive litigation, and waste money, energy and time, both on the part of the council, and of Lissadell, at a time when, quite simply, whatever money is available, we wish to plough into keeping Lissadell open, and keeping people employed".
Irish Times
www.buckplanning.ie
Councillors voted unanimously on Monday to amend the current county development plan to include a provision for "the preservation of public rights of way" along a number of routes at Lissadell.
The motion was proposed by Cllr Joe Leonard (FG) who said yesterday that local people were anxious that an amicable resolution be found, although the issue had been "a festering sore" for some time. He said 47 people had submitted depositions to the council two years ago asserting that there was a public right of way on routes which had now been blocked off but which generations of local families had used.
In an e-mail to councillors before Monday's meeting, barristers Eddie Walsh and Constance Cassidy, who bought Lissadell in 2003, said it had been sold as a private property and there were no public rights of way across the estate.
They said at the time all internal roads on the estate were clearly excluded by the council from being in public charge. They added that they had invested considerable private funds and personal effort transforming Lissadell and had increased the number of visitors from 4,000 to 48,000 annually without public funds.
"We have avoided the easy options to exploit and develop Lissadell commercially, but there is only so much one family can do," they told councillors.
"If we do not enjoy the support of the councillors who represent the people of Sligo, then our efforts are at naught. Why would anyone continue?"
The couple said they would fight the issue "all the way". They could not continue to operate "if the estate is turned into a rat run" or if they are forced to embark on an expensive legal battle.
Mr Leonard said he acknowledged the work done at the estate since 2003 but he did not accept a public right of way would affect activities there. "It will not inhibit their ability to sell jams or wine," he said.
A number of entrances to the estate had been closed to the public and while Lissadell beach could still be accessed through an entrance owned by Coillte, people who had traditionally used other routes to the beach could no longer do so. He said it was wrong to assume that because the council had not taken charge of the roads that they were not public.
Mr Walsh and Ms Cassidy said it was "noteworthy" that this issue had first been raised in the lead-up to the last local election and was now resurfacing as another election approaches. "These people have had five years to bring an action but they have not done so." They said they were "very disappointed" with the vote and surprised they had received no notification from the council before or since the meeting, even though "this materially affects our rights".
The council must now issue public notices of its intention to amend the plan, and the public has six weeks to object or make submissions. The issue then goes back to elected members for a vote. Asked whether they would fight this move through the courts, the couple confirmed that they would "defend this unwarranted attack to the very end".
They believed those opposing their stance "do not represent the majority of the people of Sligo".
In the e-mail to elected members they said this would "lead only to protracted and expensive litigation, and waste money, energy and time, both on the part of the council, and of Lissadell, at a time when, quite simply, whatever money is available, we wish to plough into keeping Lissadell open, and keeping people employed".
Irish Times
www.buckplanning.ie
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