Legal action likely over rights of way

Legal action likely over rights of way

25 May 2016

HIGHLY contentious rights of way disputes near Downpatrick and Whiterock could be heading for the courts.

The Down Recorder understands that Newry, Mourne and Down Council has received legal advice recommending it instigate legal proceedings to enforce rights of way in the Ballyculter and Ringhaddy areas.

In Ballyculter the right of way runs between Church Road and Drumroe Road but has been blocked by a local landowner. 

In Ringhaddy the right of way is a coastal path running from Ringhaddy Road to the Quarterland Road and has also been blocked by a local landowner who disputes the right of way assertion.

Downpatrick independent councillor Cadogan Enright said the legal advice on the Ballyculter path is enormous relief to him and confirms the council has clear legal advice and needs to enforce the right of way.

“The old Down Council first asserted this right of way in 2011 following a vigorous campaign to get that council to take action,” he said.”

“This right of way was used by local people for getting to school, moving cattle, walking and exercise in the evenings as well as for access by vehicle and on foot. We had dozens of witness statements dating back 60 years, I obtained maps going back hundreds of years and we even had aerial photographs to support the case.

“I was delighted to be told at the council’s party leaders meeting on Monday that this strong recommendation is being made to council for decision this month.”

 Councillor Enright was also able to confirm that a similar long running case in Killinchy is also recommended for High Court action. This right of way was first asserted in 2015 by the council. 

“This is a credit to both the community in Killinchy and to local councillors in that 

area who worked together to ensure this campaign was seen through to the end,” he continued. “I was pleased to support that campaign from its earliest days as it is vital we protect our coastal paths and prevent any more from being closed.”

Councillor Enright said he had no doubt the threat by Killinchy residents that they might take the council to court if it failed to enforce the right of way was a “good backstop” to this campaign.