Page 54 Irish Daily Mail, Saturday, November 16, 2013

by Michelle Fleming

After a five-year court battle, this week the owners of Lissadell House were given permission to keep the public off their land. Here, we reveal other areas of natural beauty where walkers can no longer roam…

Beau tybehind bars

A S THE childhood home of Countess Markievicz and immortalised by WB Yeats in poetry, Lissadell House

commands a special place in our national psyche. On Monday, another chapter in its colourful history was written in just five minutes as the hugely-anticipated Supreme Court judgment on public access at Lissadell House was delivered, after a bitter five-year battle.

The five judges unanimously over-turned a High Court ruling that had given the public access to the estate, and found instead in favour of own-ers Constance Cassidy and Edward Walsh by saying no public rights of way existed across all bar one of the coastal routes through the estate.

The case was defended by Sligo County Council on behalf of the pub-lic. Its loss looks set to cost the tax-payer €7million-plus in legal costs. But while it’s rumoured that Lis-sadell House may now reopen to public tours, thereby creating jobs, local activists argue that the decision has cost the country greatly.

Ireland has some of the most re-strictive public access legislation in Europe. Our access laws are based on 18th and 19th century English law. But while England, Scotland, Wales, Scandinavia and much of Europe have introduced a raft of legislation

protecting access to their country-side, seashores, lakes, rivers and national monuments, Ireland has not lifted a finger on the matter since the foundation of the State.

As a result, we enjoy a fraction of the access of our European cousins, with more rights to walk in their countries than on our own island.

Now, with numerous large estates changing hands in the post-boom era — many of them snapped by foreign investors — interest groups fear that the shutters may be pulled down on some of our best beauty spots.

Keep Ireland Open is one group which has been working tirelessly for years to highlight the importance of legislating on right-of-way issues across the country, to bring us in line with the rest of Europe.

The group claims that we are deci-mating a potentially lucrative tour-ism industry — outdoor activities in Scotland, where they enjoy open access laws, were worth €3.2billion to the economy in 2011 alone. In Ireland, by comparison, the publica-tion of an official walking guide is nigh on impossible, they say.

Here, we shine the spotlight on a dozen spots of outstanding natural beauty where you shouldn’t bother going… because you’re barred.

BEN BULBEN, one of Ireland’s most iconic mountains — also immortal-ised by WB Yeats — was among the obvious destinations for returning Irish diaspora as part of The Gathering summertime celebrations. But unfortunately this was one peak that The Gathering failed to scale. There are two routes up Ben Bulben: up the Western side, where one must dodge potentially dangerous gullies, or up the much safer and easier 50m path known locally as Old Famine Road, running from the townland of Barnaribbon. Two years ago, its owner installed a gate, with barbed wire on top and signs proclaiming it ‘private property’ with ‘no admittance’. The Gathering returnees called off their walk and Sligo County Council has been inundated with complaints — but has so far has failed to find a solution.

Famine Road, Ben Bulben, Co. Sligo

DAYTRIPPERS, tourists and casual walkers can no longer walk the scenic Old Head Of Kinsale, a beloved journey for Corkonions and visitors alike since at least the 1870s. The peninsula owners have blocked access to the Head to protect their golf course. Their stance has been bolstered by the lack of inclusion of a Head walk in Cork County Council’s development plan. Here, too, aggrieved locals have staged demonstrations, but to no avail.

Old Head Of Kinsale

BIRDWATCHERS, anglers and walkers once flocked to the stunning Fenit island to marvel at its natural beauty and visit a remarkable 16th century tower house. That was until five years ago when visitors were faced with fencing around the island, which is reached from the mainland by a causeway. The fences were erected by Ennis-based solicitor Seamus O’Sullivan, who inherited the land. Kerry County Council’s did not add the Fenit route to its county development plan, which has not helped those arguing to reopen it.

Fenit Island, Co. Kerry

THIS beautiful old road, shown on maps going back to 1760, runs along part of the Glencree Valley, on a walking route from Enniskerry to the Wicklow Way. It was a popular route with walkers until 2002, when a local landowner began trying to block public access. Since then, a nine-day High Court sitting heard evidence from locals and hikers, some of whom used the route for years. But Judge John McMenamin — who also sat on the Lissadell case — ruled there is no facility in Irish law for creating rights of way through use. The case has been waiting two years for a hearing in the Supreme Court.

The Old Road, Glencree Valley, Co. Wicklow

A FAVOURITE place for strollers in an exceptionally scenic part of Co. Wicklow, Archers’ Lane runs from the main Round-wood to Sally Gap road along the west side of the Clohogue River, forming part of a popular circular walk, taking in a route through the Guinness Estate at Lugalla. But in recent years a locked gateway was erected, blocking access to Ballinrush at the road.

Ballinrush, Lugalla, Co. Wicklow