Old Head "Right of Way"
issue to go before High Court soon
The Free the Old Head of
Kinsale Campaign is to take a High Court case against the owners of the Old Head Golf links concerning the denial of public
access to the historic County
Diarmuid Ó Dálaigh, a member
of the Free the Old Head campaign, has been granted leave by the Attorney General to take legal proceedings against Ashbourne
Holdings Ltd to establish the existence of a right of way at the Old Head of Kinsale.
The issue has been to court
on a number of previous occasions in relation to planning matters or under narrow legal boundaries but this time the Right
of Way issue will itself be tested.
A spokesperson for the Free
the Old Head of Kinsale campaign expressed confidence that they could win the case which, stated the spokesperson, was being
widely watched throughout Ireland by walking groups and others who had found in recent years that traditional walkways had
been blocked off by property owners.
“Previous court cases
in relation to the Old Head of Kinsale have been based on very narrow parameters. The
Free the Old Head campaign, through Diarmuid Ó Dálaigh, is now bringing this to court specifically on the right of way matter
to have it tested. We strongly believe that we can win this case and we
are presenting a very robust argument before the High Court”, said the Spokesperson.
“The major court case
in relation to Old Head took place in 2003 when Bord Pleanála lost their appeal on a previous court decision. On that occasion the case taken by the board was quite consciously confined to one very narrow aspect of
law, namely Section 26 of the Local Government (Planning & Development) Act 1963.
The High Court at the time ruled that An Bord Pleanála had overreached its authority in demanding conditions as part
of Section 26. It was outside the scope of this particular piece of legislation
to insist on a condition of public access. There are however, other laws that
could do that but they were not before the court on the day. We are now bringing
them before the court.”
It is hoped that
this case will go to court very soon, certainly before Summer 2007.