Tide may be turning in long-running dispute over right of way to beach

One of the State's longest-running disputes over a right of way may be closer to resolution following this week's report from the Ombudsman. The report criticises Mayo County Council for its handling of access to Uggool beach at the foot of Mweelrea mountain.

"Disturbed" is how the Ombudsman, Mr Kevin Murphy, describes his reaction to the council's handling of the issue.

The row dates back to 1989 when a local landowner, Mr Gerard Bourke, erected fencing which extended along the foreshore below the high watermark. This effectively restricted access to a public right of way around a headland which leads to Killary harbour.

There were reports of confrontations on the strand, deterring holidaymakers who had been attracted to the beauty of Uggool from returning.

Hillwalkers seeking access to Mweelrea were not affected as the flanks of the 2,688 ft mountain can be approached from higher ground.

Mr Bourke has preferred not to talk to journalists. However, several of his neighbours are sympathetic to a man who has had an uneasy relationship with the local authority in the past and whose situation mirrors that of many small farmers in the west at the sharp end of the Common Agricultural Policy.

As the Ombudsman notes, the council received complaints that the fencing was an unauthorised development and was asked to ensure that access to the beach was restored. The landowner disputed claims that there was a right of way.

Under planning legislation, local authorities can take enforcement action in cases of alleged breaches. The landowner was contacted by Mayo County Council several times and in 1992 it sought legal advice.

Any enforcement action must be taken within five years of the event. The local authority "contended that there would be difficulties in obtaining a successful resolution through the courts", the Ombudsman notes. By the time his office received a complaint, the five-year period had elapsed.

That complaint was lodged by the Keep Ireland Open organisation, which staged a public protest on the beach last June. Intended as a peaceful demonstration, it backfired when local farmers held a counter-demonstration in support of Mr Bourke.

The Mountaineering Council of Ireland, which has always sought to take a more diplomatic stance on access issues and prefers negotiation to direct action, did not support the protest.

The Ombudsman says that his examination of the Uggool beach files shows that the council received over 25 complaints on the matter from individuals and organisations, including semistate bodies.

"The fencing is of such an extensive nature, continuing at certain points on to the foreshore and beach, that it is difficult to see it solely as a means of protection of agricultural land," he says.

"The conclusion that the fencing was intended to prevent access to the beach is unavoidable - nor did the council dispute this conclusion."

The Ombudsman says the council assured him last year that it would resolve the matter, either by a compulsory purchase order or by compulsory creation of a public right of way.

He welcomes this but regrets that it has taken 10 years to reach this point. He trusts the council will "act resolutely and speedily" to restore public access to the beach.

Mayo County Council says it is now "in negotiation" with Mr Bourke.

The chairman of the Keep Ireland Open group, Mr Roger Garland, has welcomed the report and is delighted to have taken the case.

However, the organisation says it has had difficulty in obtaining information from the council on the state of these negotiations and is concerned about further delay.