An interim order stopping work at a controversial development of an 18-hole golf course, 80 holiday homes, chalets and a leisure centre in Doonbeg, Co Clare, was issued yesterday by the High Court.
Mr Justice O'Neill granted the order to Mr Conleth Bradley, for Mr Tony Lowes, a member of An Taisce, of Allihies, Co Cork, against the Irish National Golf Club Ltd, with an address care of Salthouse Lane, Ennis, Co Clare.
In an affidavit, Mr Lowes said An Bord Pleanala had granted permission on July 29th last for the development of the golf course, holiday homes, chalets, leisure centre and ancillary works at Cloonmore, Carrowmore North, Doonbeg. An Taisce had opposed the proposal which, the body argued, conflicted with the proposed European designation of the site as a Special Area of Conservation, was a material contravention of the Co Clare Development Plan and did not represent sustainable tourism.
Mr Lowes said the Minister for Arts, Heritage and the Gaeltacht had in February 1998 reduced the boundaries of the site from 266 to 52 hectares.
He contended that a management agreement entered into by the Minister in November 1999 was not in accordance with the management plan for the development and/or the planning permission in that it excluded from the conservation guarantees the fairways area which comprised the central habitat of the narrow-mouthed snail, Vertigo angustior, a protected species which was listed as vulnerable in Ireland.
Mr Lowes also argued that the Irish National Golf Club Ltd had failed to comply with certain conditions of the planning permission and therefore the development was unauthorised and/or represented development which was not in compliance with the planning Acts. These conditions included the requirement to provide a hydrological profile.
Both the Ministers for Arts, Heritage and the Gaeltacht and Tourism, Sport and Recreation were under a duty to provide reasons why they had allowed the development to proceed despite the suspension by the European Commission of financial assistance for it, he said.
Mr Justice O'Neill granted an order immediately restraining any works on the development.
