New legislation must be passed before further work to demolish the medieval remains of Carrickmines Castle can be carried out, the High Court ruled today.
The court overturned the Government's approval to build on the archaeological site of the Co Dublin castle, quashing two orders and declaring them unconstitutional.
Campaigner Mr Michael Mulcreevy had appealed against the joint Government decision to destroy the remains in order to build an M50 motorway roundabout over the site.
And, after a long-running dispute, he could eventually claim success today as Judge Nicholas Kearins ruled today that there was a "technical glitch" in Government orders passed on the National Monuments Act.
He said the Government had acted outside its powers in approving consent of the building work and said new laws must be passed without delay.
Mr Mulcreevy claimed that the Minister for the Environment, Mr Cullen, had acted as "judge and jury" by forging ahead with the national roads building programme while at the same time allowing a national monument to be destroyed.
A spokesperson for the Department of the Environment said the Department was examing today's ruling.
"We obviously want to move on as quickly as possible and we're considering all our options," said the spokesman.
Dun Laoghaire County Council owned the land where the proposed development was taking place and a joint consent between the council and Mr Cullen was given on July 3rd, 2003.
On the same day the Minister made a National Monuments (Approval of Joint Consent) order which approved his own consent. Mr Cullen has argued that all proper procedures had been followed and that the M50 roundabout is in the public interest and cannot be moved.
It is believed work would have to start at the castle site by April if the road is to be completed by its target date of September 2005.
Mr Ciarán Cuffe of the Green Party welcomed the High Court decision. "Martin Cullen has acted as judge and jury on Carrickmines Castle; hopefully he won't act as executioner," said Mr Cuffe.
"For the last year and a half we have been calling on Minister Cullen to bend the road and save the castle. His intransigence is causing delays and leading to an increase in costs. A compromise solution could still save much more of the castle and allow the road to be built."