Council wins 'bridge' case

Derry City Council today, Thursday 24th June 2010, won a landmark public access case following legal proceedings which saw the city's Recorders Court declaring a public right of way at Green Road, Ardmore and Lismacarol.

The Council had, in pursuit of its statutory obligations, asserted a public right of way at Green Road, Ardmore and Lismacarol. This asserted public right of way traverses land in the ownership of two parties. A central feature of the area was an old iron bridge.

One of the landowners had no issue with the assertion of the public right of way. However, the other landowner had objected. The council said that accordingly, in pursuit of its statutory obligations, it had no alternative but to ask the court to declare that the right of way, as asserted, is a public right of way.

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This case was being carefully observed by Councils and other statutory agencies throughout Northern Ireland and will have important implications for local government throughout Northern Ireland.

Speaking on today's ruling spokesperson for Derry City Council said,

"We are happy with today's judgement and are pleased that the judge has confirmed our assertion of a public way at Green Road. This is good news for those who live in the area and Council will continue with plans for improving greater countryside access."