A dispute between developer Mr Gerry Gannon and Fingal County Council over the erection of paddock-style fencing near the scenic Red Rock area of Howth Head, Co Dublin, was resolved at the High Court yesterday after the council was told the fencing had been removed.
Broadcaster Gay Byrne was among a number of local residents who filed affidavits on behalf of the council in the proceedings against Mr Gannon, of Carrickbrack, Howth. The matter was resolved after undertakings were given to the court. However Miss Justice Carroll was told separate proceedings were being taken to determine if there was a legal entitlement of the public to use the lands.
Mr Dermot Flanagan, for the council, said the fencing or enclosure of the land was an unauthorised development under planning legislation.
The area at Red Rock had been habitually open to the public for recreational purposes or access to the seashore and was one of scenic beauty. The fencing had been erected without planning permission.
Mr Joseph Gorman, planning inspector with Fingal County Council, told the judge he had inspected the site at noon yesterday. The ranch-style fencing had been removed and was now stockpiled inside an access gate at a corner of the site. Concrete foundations were still in place and there was a small amount of rubble at the location.
Mr Frank Clarke SC, for Mr Gannon, said his client was content to restore the lands to their pre-development condition and not carry out any further development until further court order.