A High Court decision banning public access to the Old Head of Kinsale, now a privately-owned golf course, may be appealed by An Bord Pleanala to the Supreme Court, according to the Cork county manager, Mr Maurice Moloney.
On March 23rd in the High Court, Mr Justice Kearns overturned the public's right, as previously held by An Bord Pleanala, to use the Co Cork headland as an amenity area.
Twelve years ago the 200 acres of rough grazing land was sold for £300,000 to Ashbourne Holdings Ltd, and in 1997 Cork County Council granted the developers revised planning permission for a golf course but imposed a number of conditions recognising the right of public access during daylight hours.
Following a planning appeal, An Bord Pleanala largely upheld the conditions imposed by the county council, but Ashbourne Holdings sought a judicial review, which culminated in the High Court ruling.
Last night Mr Moloney said that the county council's legal team had been in contact with An Bord Pleanala, and the understanding was that the board would return to the High Court within the next few weeks seeking leave to appeal to the Supreme Court on a point of law.
"This is our clear understanding, and we fully support the decision", Mr Moloney said. "We were joined in the High Court case and from as far back as 1992 we have committed ourselves publicly to preserving public access at the Old Head of Kinsale."
An Bord Pleanala said last night that it had not yet decided whether to lodge an appeal to the Supreme Court. Its secretary, Mr Diarmuid Collins, said: "The matter is still under consideration."
Environmentalists described the High Court ruling as a victory for private enterprise over the common good.
In his judgment Mr Justice Kearns said one of the points at issue was public safety and the fear that members of the public would be injured if they used traditional walkways while golf was being played on the course, which has cost more than £8 million to develop.