THE HIGH Court has upheld Clare County Council’s decision extinguishing a public right of way across Doonbeg golf club.
A challenge to the extinguishment of the right of way across the course was taken by James McNulty, Ballingun West, Kilrush, who said he was dismayed the local authority would extinguish a right of way to a place of natural beauty.
Mr Justice Peter Charleton dismissed Mr McNulty’s bid to quash the council’s decision on grounds including that the application was brought outside the legal time limits. No good reason for extending the time to bring the proceedings was given, the judge added.
The council voted by 22 to three in September 2009 in favour of extinguishing the right of way, which meant the public could no longer walk across the fourth and 14th fairways.
The decision provided for an alternative right of way nearby. The plan also involved the golf club constructing a car park to be used predominantly by surfers.
Mr McNulty sought an order quashing the council’s decision and a declaration that the council, in extinguishing the right of way, was acting beyond its powers.
Mr Justice Charleton said Mr McNulty focused on the fairness of a public hearing held by the council in October 2008 concerning its proposal to set up an alternative right of way.
While that hearing was chaired by an independent planning official, Mr McNulty had concerns the county council’s solicitor advised the inspector on legal procedures during the course of the hearing and claimed that tainted the fairness of the hearing.
Mr McNulty also argued the council’s proposal to extinguish the right of way in favour of a private arrangement between it and the golf club was outside the local authority’s powers.
The judge pointed out that under court rules, an application for judicial review must be made within a maximum six months, unless there are good reasons shown to extend the time.
No good reason was shown in this case, he said.