A central area of the habitat of an endangered rare snail, Vertigo anguistior, which is the size of a pinhead, is at the centre of a High Court dispute between conservationists and the developers of a golf links, holiday home and leisure complex in Co Clare.
An Taisce's environment committee chairman, Mr Tony Lowes, has taken proceedings against the developer, Irish National Golf Club Ltd, the Minister for Arts, the Minister for Tourism and the State.
Planning permission was granted last year for the development at Cloonmore, Carrowmore North, Doonbeg, Co Clare. It consists of an 18-hole golf links, 80 holiday homes, chalets and a leisure centre.
It is claimed that a management agreement entered into by the Minister for Arts last November is not in accordance with a management plan or planning permission in that it has excluded from conservation guarantees 3.366 hectares that comprise the central habitation area for the snail.
Mr Lowes, of Allihies, Co Cork, wants the court to declare that the Minister, in her decision, has failed to comply with the terms of the European Communities' natural habitat regulations. It is also claimed there is a failure to comply with the terms of the planning permission to ensure protection of the habitat.
Last January Mr Lowes was granted a temporary order stopping work at the golf course.
At the opening of yesterday's hearing, which is expected to last all week, Mr James Connolly SC, for the company, said the club had been "sterilised" following that injunction.
The order had barred the developers from putting in place the sowing of seed and that was why the present hearing had been "fast-tracked". In addition, if the development was not put in place by this year, substantial European funding would be lost.
The hearing, before Mr Justice Finnegan, continues today.