This article is from page 51 of the 2008-05-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 51 JPG
THE PROMOTERS of the €150 million Doonbeg Golf Resort are to finally implement the terms of a High Court agreement struck four years ago in relation to a disputed right of way.
This follows four locals settling their claim with the golf club over its failure to date to implement the terms of the High Court deal reached in February 2004. This prompted four locals in Doonbeg to lodge pro-
ceedings at Ennis Circuit Court.
The case was due to be heard at Ennis Circuit Court last Wednesday. However the court was told the case nE:YeMoleres soln O(oreb
A spokesman for Doonbeg Golf Club said yesterday that “we are hap- py that the matter has been resolved to everyone’s satisfaction”.
As part of the terms of the High Court agreement, five locals agreed to an alternative right of way lead- ing to the golf club to build a bar- rier across the existing right of way
which traverses the 15th hole of the golf course to Doughmore beach.
The five that secured the agree- ment with the golf club were Thomas Considine, James O’Leary, Chris Carroll, Sinead Carroll and Simon O’Donnell, who has since passed on.
Arising from the High Court set- tlement, Doonbeg Golf Club built a six foot high wall across the disputed right of way.
However, this precipitated An Bord Pleanala ruling that the club acted 1l- legally in building the wall and that
decision is now the subject of sepa- rate High Court action by Doonbeg Golf Club.
In the circuit court action, the sur- viving four involved in the original High Court settlement lodged papers alleging that Doonbeg Golf Club “has failed, refused and neglected to take the requisite steps to comply with the Terms of Settlement and has failed to meet its obligations on foot of the settlement”.
The four claimed that no steps had been taken by Doonbeg Golf Club
to register the four’s right of way as a burden on their title deed; that no steps have been taken by Doonbeg Golf Club to register the right of the four to drive onto Doughmore beach and that Doonbeg Golf Club has failed to extend the existing carpark by July 1, 2004.
Following the settlement, it is ex- pected that a public consultation process will soon be initiated to al- low the works be carried out, which includes a car-park for 30 to 40 cars at the site.