Court stops work on `machair' sand dunes

The High Court yesterday ordered building work on a proposed heritage area in Co Donegal to stop immediately.

The High Court yesterday ordered building work on a proposed heritage area in Co Donegal to stop immediately.

Mr Justice Budd granted an injunction to an environmentalist, Mr Tony Lowes, against Bradan (Maoil Rua) Teoranta, a fish farm factory owed by a Norwegian company, preventing further work on lands at Rinmore/Cooladerry, Rinmore Point in Fanad.

The area contains "machair" sand dunes, which are only found from Galway to Donegal.

Mr Michael O'Donnell, for Mr Lowes, said the ex parte application was very urgent as work on the site, a "proposed natural heritage area" (NHA), was ongoing.

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He said a planning application had been granted in 1993 but its five-year period had expired on June 18th without building work taking place. For an extension to be granted, substantial works would have to be evident. Since June 18th, work had been going on "in a frantic effort for substantial works" to be in place.

He said the regulations required an archaeological assessment to be submitted four weeks before any work started. He said this did not appear to have happened.

Mr Justice Budd said there was a clear proposition that once the five-year period was up, one could not carry out any work because there was no planning permission.

Mr Justice Budd granted the injunction until Monday and said: "If anyone proceeds to rev up a bulldozer or lift a shovel on this proposed NHA and moves to affect it in any way, they are in contempt."