This article is from page 6 of the 2007-08-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
THE county solicitor has poured cold water on suggestions that a move by Doonbeg Golf Club to identify a so- lution over the contentious right-of- way at the €150 million golf course is linked to it possibly abandoning its High Court judicial review case.
Last month, the golf club held a public meeting in Doonbeg con- cerning a compromise proposal in relation to an ongoing right-of-way controversy at the fourth and 14th fairways at the course.
The meeting took place a week prior to a High Court judicial review application being brought by the club concerning an An Bord Pleanala rul- ing that the club built a wall across the right-of-way without planning permission.
The judicial review proceedings have now been adjourned to Octo- ber when the case is expected to be listed.
However, in a letter to the man who precipitated the controversy, David McNamara, County Solicitor, John Shaw said, “It is difficult to see how
any proposal put forward by Doon- beg Golf Club can in any way affect the judicial review brought by them against An Bord Pleanala.
‘The issue before the court is the decision of An Bord Pleanala and not the existence or otherwise of a right- OE eA
‘The proceedings before the High Court in our view cannot be deter- minative of the right-of-way issue. They are merely judicial review proceedings reviewing the decision of the board. The extinguishment of any public right-of-way is a matter
for the roads authority for the area in question pursuant to Section 73 of the Roads Act 1993.
“It would appear to the writer that the only way Doonbeg Golf Club Ltd can avoid a hearing of the proceed- ings is to withdraw their application to the court which would leave the decision of the board standing.
He added, “It is the Bord Pleana- la decision that is now before the courts, not the Clare County Council decision.
‘The case before the courts will not determine whether there is a public
right-of-way at this location or not. The proceedings before the court are not adequate for this purpose.
“Insofar aS we are aware, neither our clients nor ourselves have been involved in discussions with regard to the extinguishment of the alleged right-of-way over the golf club it- self.
“As indicated, it is not the inten- tion and has not been the intention of Clare County Council to extinguish the particular right-of-way referred to in the decisions which are now be- fore the High Court”.