THE GENERAL manager of Doonbeg golf club has admitted that the costs incurred by the golf club in a right of way dispute at the course over the past six years “have been significant”.
Speaking after members of Clare County Council voted overwhelmingly to end the long-running dispute by extinguishing a contentious right of way at the course, club manager Joe Russell said that he was “very, very pleased with the decision”.
Mr Russell said he was in contact with the council yesterday to find out what the next steps were in extinguishing the right of way and providing an alternative.
The council’s decision on Monday ends the public’s right to walk across the fourth and 14th fairways at the Greg Norman-designed Doonbeg golf course to Doughmore beach.
The alternative right of way is to be provided a short distance from the existing one, while the golf club is to construct a 70-space car park.
Mr Russell said the works to be undertaken would be done over the winter and would be in place for the 2010 summer season.
At the council’s adjourned September meeting, councillors voted 22 to three in favour of extinguishing the right of way. The long-running row has seen the golf club constructing a wall across the disputed right of way and involved two separate High Court actions.
The club is currently engaged in judicial review proceedings against an An Bord Pleanála decision which found that the wall was built across an existing right of way without planning permission. The case is listed for mention in the High Court next month.
The council has previously served a warning letter on the club over the construction of the wall.
At the meeting, long-time opponent of moves to extinguish the right of way, Fianna Fáil councillor PJ Kelly warned the decision would be legally challenged.
Irish Times
www.buckplanning.ie
Showing posts with label right of way. Show all posts
Showing posts with label right of way. Show all posts
Wednesday, 23 September 2009
Tuesday, 13 March 2007
Castletownbere right-of-way battle sees both parties warned
A case arising from friction about a right of way in Castletownbere, Co. Cork, could provide 10 lawyers with ‘eating and drinking and a good living’ if it went forward to a higher courts, Judge James McNulty remarked at Castletownbere District Court on Friday.
Giving his judgement in the case, he said that people who used a right of way should respect it especially if that right-of-way was not fully or truly established.
Castletownbere post man John O’Connor claimed Margaret Downey-Harrington was trying to stop him from using a right-of-way through her property to get to his boat.
She and members of her family claimed they saw O’Connor viciously kick a gate against a wall. The gate had been erected at the entrance to laneway which O’Connor used.
A summons against O’Connor for maliciously damaging the gate on February 25, 2006, was dismissed.
However, in a separate civil action for €900 damages, Judge McNulty found, on the balance of probabilities, that O’Connor caused some damage to the gates and awarded Ms. Downey Harrington €100.
O’Connor, of Droum Wrest, Castletownbere, was ordered to pay the entire costs of the action.
He was also bound to the peace and to be of good behaviour for three years on a bond of €10,000.
Ms. Downey Harrington, a widow and company Director, of Droum South, Castletownbere, was bound to be of good behaviour for three years, also on a bond of €10,000.
Judge McNulty said he was taking into account the risk of a breach of the peace of the conduct of the parties continued to go unrestrained.
In a lengthy judgement, Judge McNulty said the erection of the gates at the entrance to the laneway may have contributed ‘to the reason why we are all here today’. He said the gates might be left open on Saturdays and Sundays during the summer to allow for ease of access by people who felt entitled to go through the laneway.
He also said Mrs. Downey Harrington may have contributed to problems when she reproached individuals who felt they had rights of access through her property to get to public area. She may have asserted her rights to her property in manner which was ill-tempered and ill-considered.
‘She appears to have made a serious contribution to the improvement of this area in general, but the placing of wrought-iron gates at the front entrance to her property may have been unwise’, the Judge said.
Donal Hickey
© Irish Examiner
Giving his judgement in the case, he said that people who used a right of way should respect it especially if that right-of-way was not fully or truly established.
Castletownbere post man John O’Connor claimed Margaret Downey-Harrington was trying to stop him from using a right-of-way through her property to get to his boat.
She and members of her family claimed they saw O’Connor viciously kick a gate against a wall. The gate had been erected at the entrance to laneway which O’Connor used.
A summons against O’Connor for maliciously damaging the gate on February 25, 2006, was dismissed.
However, in a separate civil action for €900 damages, Judge McNulty found, on the balance of probabilities, that O’Connor caused some damage to the gates and awarded Ms. Downey Harrington €100.
O’Connor, of Droum Wrest, Castletownbere, was ordered to pay the entire costs of the action.
He was also bound to the peace and to be of good behaviour for three years on a bond of €10,000.
Ms. Downey Harrington, a widow and company Director, of Droum South, Castletownbere, was bound to be of good behaviour for three years, also on a bond of €10,000.
Judge McNulty said he was taking into account the risk of a breach of the peace of the conduct of the parties continued to go unrestrained.
In a lengthy judgement, Judge McNulty said the erection of the gates at the entrance to the laneway may have contributed ‘to the reason why we are all here today’. He said the gates might be left open on Saturdays and Sundays during the summer to allow for ease of access by people who felt entitled to go through the laneway.
He also said Mrs. Downey Harrington may have contributed to problems when she reproached individuals who felt they had rights of access through her property to get to public area. She may have asserted her rights to her property in manner which was ill-tempered and ill-considered.
‘She appears to have made a serious contribution to the improvement of this area in general, but the placing of wrought-iron gates at the front entrance to her property may have been unwise’, the Judge said.
Donal Hickey
© Irish Examiner
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