A PROTECTED site at Inch, Castlemaine Harbour, Co Kerry, could be irreparably damaged by work to turn it into a golf course, the State pleaded in the High Court yesterday.
Mr Justice Smyth continued an interim order granted by the court to the Minister for Arts, Culture and the Gaeltacht on March 27th last restraining any works likely toe cause damage to, or injure, the fauna and flora and/or the ecological system at the site. The order continues until June 9th.
Mr John Kennedy, Maum Camp, Co Kerry, is a defendant in, the action. The judge also joined the alleged owners of the site, Mr James Kennedy and Mrs Patricia Kennedy, who have been living in New York for the past 30 years, as defendants.
In an affidavit yesterday, Mr John Kennedy claimed that his brother and sister in law in New York were the registered owners of the site and that he was being wrongly sued by the Department.
Mr Kennedy claimed that he had no intention of carrying out any development works on the site.
Mr Eanna Mulloy, counsel for the Minister, said the area, known as the Inch Spit, was now protected under the recently signed European Communities (Natural Habitats) Regulations 1997.
The Minister had power under these regulations to control or prohibit activities or developments on the site. He said he feared that heavy machinery could do irreparable damage if used to level the site.
Mr Hugh O'Neill SC, for Mr Kennedy, said his client would provide the address for Mr James Kennedy and Mrs Patricia Kennedy so that the Minister could move again them immediately.