Council restates promise not to fell trees for road

Wicklow County Council has told the High Court it will continue its undertaking not to fell trees in the Glen of the Downs.

Wicklow County Council has told the High Court it will continue its undertaking not to fell trees in the Glen of the Downs.

Mr Justice Geoghegan yesterday also continued an order restraining trespass on the area by "ecowarriors", one of whom is challenging the council's decision to construct an £18 million dual carriageway there.

The judge extended the order to restrain Mr Dermot Murphy and other named protesters from purporting to exercise alleged rights over alleged rights of way in the area. He said the only exception to this was a lay-by which could be used to get to the woods.

He refused to vary the restraint order to allow Mr Murphy to use alleged rights of way in woodlands not affected by the order. Mr Justice Geoghegan adjourned the proceedings for mention in two weeks' time.

READ MORE

Wicklow County Council has also taken proceedings aimed at preventing trespass on or occupation of the lands.

The State was represented at yesterday's hearing. Mr Liam McKechnie SC said the State had an interest in the matter and was considering whether to ask to be joined as a notice party.

On January 21st Mr Dermot Murphy, a computer technician of Exchequer Street, Dublin, secured leave to seek judicial review of the decision to construct the Kilmacanogue-Glen of the Downs dual carriageway.

In an affidavit, Mr Murphy said he had been occupying the woodlands for many months. He knew it was an area of extreme ecological and arboreal importance and a designated nature reserve.

Putting a dual carriageway through the nature reserve was totally contrary to the objective of managing the site as a nature reserve and would seriously adversely affect it.

He said there were public rights of way and a public "right to wander" on the lands. He submitted that those rights could not be interfered with unless all necessary statutory procedures to extinguish them were completed.