Gaelscoil welcomes green light for building
October 9, 2012
A Cork Gaelscoil has welcomed a court decision that should let its new school building go ahead.
Residents failed in their claim for customary rights to walk at the Tank Field in Mayfield yesterday as the Circuit Court judge told Cork City Council there was nothing to stop them going ahead with their plans. Those plans include selling two of the 10-plus acres to allow construction of a new school for Gaelscoil An Ghoirt Álainn, for which there is planning permission, and to make changes in the arrangements for Brian Dillon’s GAA club in the area, including changes to pitch layout and giving the club a 99-year lease on their two acres. The remaining six acres will remain accessible to the public.
The Gaelscoil project is on the Department of Education’s list of buildings to go to construction next year, and the ruling was welcomed by the school last night.
“The board of management, along with the parents and teachers, welcome the decision of the courts today in respect of the Tank Field,” said principal Deaglán Ó Deargáin and board chair Colm Henry. “We look forward to progressing with the development of a new school suitable for the education of our children and one which will benefit the community as a whole.”
The 16-classroom building was given planning permission by An Bord Pleanála last December, overturning the Jul 2011 decision of councillors not to change the sports-use zoning of part of the field to facilitate the school. At Cork Circuit Court yesterday, Judge Seán Ó Donnabháin said: “The case comes before the court by way of application for a customary right of way to wander and saunter over every portion of the lands and to play sports and recreate.
“Initially, there were claims to pass over distinct lines, but no claim to go on a defined line has been pursued. The claim being sought is to wander and saunter on the entire of the lands. “In my view, no such right has been proven to me in any [legal] authority. From the mid-’30s to the ’80s, there was an amount of walking and recreating on this or part of this ground. I am not at all sure the extent to which that recreating continued up to the present day. “To me, the evidence of the maps prior to 1930 [showing approximately three houses in the surrounding area] is that there was no customary right to walk or play games. “I do not believe you can in law establish against a private landowner those rights, and I believe Cork Corporation are in exactly the same situation. “If you cannot [establish the right], against a private owner you cannot establish it against the council. The plaintiffs’ claim for customary right fails. I am finding as a fact that there is no customary right,” said the judge.
Cork City Council and the residents both sought their legal costs against each other. The judge made no order on costs. He said: “It is inevitable this matter had to be litigated.” The judge also said that specific evidence had been given on the amount of trees to be felled and that if more trees were felled, then the residents could make an application to the court for their costs against Cork City Council.
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Foilsithe ar Gaelport.com – 9 Deireadh Fómhair 2012
