Action by community group and priest over Castlegoland beach works resolved

A community group and a Catholic priest have resolved their High Court proceedings over works done in and around a hotel and golf course Donegal.

As a result of the agreements reached, public access to Castlegoland beach, which it was claimed had been blocked off, has now been restored.   

The action was taken by the Save our Beach at Castlegoland CLG and Fr John Moore, whose family home is close to the two properties.

They claimed that the works, carried out in and around what are related entities, The Lake House Hotel and Portnoo Golf Club, had also lacked planning permission.

The plaintiffs also argued that arising out of the owners developments of the properties access to the shore from roads leading past the hotel and golf course had been blocked off.

Those routes, which form part of an alleged right of way, have been used by locals since "time immemorial," the plaintiffs claimed.

They had argued that works carried out by the hotel and club's owners had "devastated" what is a scenic amenity, damaged the local ecology, and could cause a cycle of erosion that would damage the local sand dune system.

In their first set of proceedings the applicants sought orders against parties including businessmen brothers Liam and Paul McDevitt, who are directors of Knather Acquisitions Unlimited company, which it is alleged acquired a charge over the golf course, and now control the property.

The applicants sought orders including that all unauthorised structures on lands at Narin and Portnoo Golf Course be removed and that all sand dunes and rights of way be reinstated to the state they were in before works on them commenced.

They also sought orders prohibiting the respondents from placing or maintaining any obstructions to public rights of way over the lands in question, and that all cameras and equipment monitoring the rights of way also be removed. 

In their second action against the hotel's owners, the applicants sought orders requiring the hotel owner to cease carrying out construction works at the hotel, and that the building be restored to its previous condition.

The respondents, in both cases, had denied any wrongdoing.

When the matter came before the High Court Ms Justice Siobhan Phelan was informed that the parties had reached an agreement.

In the action relating to the golf course the sides agreed to orders that will have the effect of restoring public access to the beach. It was also agreed that in the coming weeks all electric fencing, and ancillary equipment that had been erected on the boundary of the respondents lands will be removed by Knather and the McDavitts.

They have also agreed to expedite an appeal they have before An Bord Pleanála regarding development on the property.

It was also agreed that other items erected in and around the golf club, such as 2m high screen berms and a water storage tank be removed.

A one-year stay was placed on the removal of the berms and the tank to allow the respondents seek to regularise those structures planning status. 

in relation to the action regarding the hotel the respondent in that case Midge Holdings Limited also consented to various orders in relation to works it has alleged carried out on the hotel.

Those orders are also stayed for a period of one year to allow the planning applications made by the respondent to proceed.

It was further agreed that during the period of the stay, the hotel will not to open to the public.

The applicants were also to receive their legal costs.

The applicants represented by Peter Bland SC, Michael O'Donnell Bl, instructed by solicitor Gabriel Toolan claimed the lands form part of a designated 'European Site' and is a protected and environmentally sensitive, and highly scenic location.

They claimed that works were carried out on the course without planning permission.

The applicants also claimed that since Mr McDavitt and his company have taken control of the course there had been deliberate obstruction of a public right of way that had prevented the public from accessing the beach.

The applicants also claimed that extensive works, for which they claim planning permission was never granted, was also carried out on the hotel.