Hearing concludes as judge visits Glen of the Downs

A HIGH Court judge yesterday visited the Glen of the Downs to inspect paths

A HIGH Court judge yesterday visited the Glen of the Downs to inspect paths. The visit occurred after legal submissions concluded in the hearing of a challenge to a proposed £18.5 million dual carriageway through the glen.

The 11-day hearing before Mr Justice Kearns ended yesterday with submissions from both sides on the issue of rights of way and the right to wander through the glen.

Mr Justice Kearns thanked the parties and said he was reserving judgment. He hoped to give his decision next Friday. Final legal submissions were heard yesterday morning and afterwards the judge, accompanied by solicitors for both sides and representatives of Wicklow County Council and Duchas, the heritage organisation, paid a private visit to the glen where a number of environmentalists, who object to the proposed road scheme, have been living for more than 18 months.

Mr Justice Kearns said he did not want any publicity for his visit, which he expected would last 45 minutes.

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In the judicial review proceedings against Wicklow County Council, Mr Dermot Murphy, a computer technician formerly of Exchequer Street, Dublin, but now living in Galway, is seeking to quash a council decision to proceed with works for construction of a 5km dual carriageway through the glen.

He is also seeking declarations that part of the disputed lands comprise a nature reserve, are in State ownership and include public rights of way.

He claims the area where the council plans to route the road contains a 145-acre nature reserve. Mr Murphy claims the planned road scheme will interfere with public rights of way. He also challenged the adequacy of an Environmental Impact Statement.

Wicklow County Council's proposal is for a four-lane dual carriageway. The council claims no rights of way or rights of access or any right to wander will be affected. The proposed new road will affect some 1 per cent of the woodland in or around the glen, according to the council. It claims the area of State land affected amounts to about 0.68 hectares which will be acquired for the road project.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times