This article is from page 17 of the 2008-10-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
THE three Kilrush County Council- lors who voted against the process to extinguish a right of way, gave submissions to the oral hearing in Doonbeg.
Forced to give his evidence in Eng- lish as he had not requested a trans- lator, Cllr Tom Prendeville (FF) de- scribed the wall, which is part of the judicial review as “inappropriate” and the cause of provocation.
He told the hearing that all of the Kilrush area councillors had signed a document in Tubridy’s Bar in Coora- clare stating they would not consider the right of way until the judicial re- view had been dealt with.
Since the Tubridy’s Treaty, some members had changed their minds.
“If you removed that wall there probably would be a very satisfac- tory outcome,” he told the legal team representing Doonbeg Golf Club Limited.
“The currency of Doonbeg Golf Club Ltd has had been decreased in value by these right of ways.”
“IT am of the opinion that the pro- posal is a last ditch play incorporat- ing Doonbeg Golf Club to get its way despite the cost,” he added.
He told the hearings that he got phone calls from golfers at the club asking him to vote for the extin- guishment, with the understanding “retributions would be carried out if
we did not vote for it”.
The councillor’s submission was called “inflammatory” by the legal council for the golf club.
Mayor of Clare Cllr Madeleine Taylor Quinn (FG) was next into the hot seat.
She gave the hearing a history of the golf club in Doonbeg and re- minded those present that “people of limited means were forced to take a case to the highest court in the land” to secure their rights to access the beach for gravel, sand and seaweed, a right that dates back to the Vande- leur Estate.
She questioned the “illegal obstruc- tion” across a right of way, and asked that the law of the land be adminis-
tered fairly to all.
‘There is an inequality here that 1s reprehensible,’ she said. “The dic- tate is coming across the Atlantic and these misfortunes are here doing their bidding,” she added pointing to the legal team.
“Mr Long (developer) would do well to remember that were are in Ireland and we are a democracy.”
Referring to the golf club’s alterna- tive suggestion for beach access, she said “It is inferior to what is there.”
Clir PJ Kelly (FF) was the last to take the chair. He outlined to the hearing the many traditions associat- ed with access to the beach. He also said that any changes being proposed would mean a lengthy change to the
County Development Plan and the West Clare Area Plan.
Cllr Kelly said that a number of pro- cedures should have been adhered to before the oral hearing. With the le- gality of the right of way being ques- tioned by Doonbeg Golf Club Ltd, Cllr Kelly said, “I have right of ways over my property and I have never had to go to court to prove them.”
It was also suggested that a tunnel be built by the golf club to allow peo- ple access the beach.
“The amount of money put up to- day would have put up a lot of tun- nels,” he added.
He suggested the whole procedure should be taken back to the drawing board.