A CHALLENGE to Clare County Council’s decision to extinguish a public right of way across Doonbeg Golf Club course has opened before the High Court.
The challenge to the extinguishment of the right of way across the Greg Norman-designed course has been taken by a local resident, James McNulty, who says he is dismayed the local authority would extinguish a right of way to a place of natural beauty.
Councillors voted 22 to three in September 2009 in favour of extinguishing the right of way, ending the public’s ability to walk across the fourth and 14th fairways.
The councillors’ decision provided for an alternative right of way a short distance from the existing one. The plan also involved the golf club constructing a car park to be used predominantly by surfers.
Mr McNulty, Ballingun West, Cree, Kilrush, Co Clare, is seeking an order quashing the council’s decision and a declaration that the council, in extinguishing the right of way, was acting beyond its powers.
He also claims the decision breaches sections of the 1993 Roads Act on grounds including that an oral hearing into the proposal to extinguish the right of way lacked fair procedures.
The members of the council and golf club are notice parties to the proceedings.
Opening the case, Conleth Bradley SC, for Mr McNulty, said his client believed the common good would not be served if the public was denied the right to access Doughmore beach, a place of outstanding natural beauty, from the public road.
In a statement of opposition, the council denies all of Mr McNulty’s claims and contended it had acted within its discretion.
The action continues today before Mr Justice Peter Charleton and is expected to last several days.
