DEVELOPMENT work carried out by Clonakilty Golf and Country Club Ltd on marsh land at Clogheen Strand in Co Cork was illegal, the High Court ruled yesterday.
The action challenging the development on the 170 acre site was taken by the Irish Wildbird Conservancy and the State.
The IWC claimed that drainage work, which began in August, 1995, would destroy the natural estuarine area which was of international significance, primarily because it held 1 per cent of the blacktailed godwit, a rare migratory waterfowl species.
Yesterday, the President of the High Court, Mr Justice Costello, ruled that the development of the land could not be regarded as "exempted development" under planning regulations and was, therefore, unlawful.
The golf company, which bought the land in August, 1992, claimed it did not need planning permission to carry out drainage work on the 170 acres involved. The land was for agriculture use and exempted development.
The judge said he would hear submissions from both sides on the making of an order next Tuesday.