Anti-road-widening protesters camped in the Glen of the Downs yesterday vowed to fight on after they lost their High Court case against Wicklow County Council's plans for a road development scheme.
In a 2 1/2-hour judgment, Mr Justice Kearns, while criticising aspects of the council's handling of the scheme, ruled that the council can proceed with its proposals for the 5km dual carriageway between Kilmacanogue and the southern end of the glen.
The judge recommended, however, that signs be placed at either end of the glen, explaining the nature of the area and asking traffic to slow down.
He said that while the glen was a "special place" and he accepted that the "eco-warriors" were concerned with the protection of the area rather than causing any damage to it, the Environmental Impact Statement (EIS) associated with the road scheme had been certified in 1993, some four years before the anti-road protest started.
In addition, he said, the State, which had ownership or control over the glen, had maintained that control, on occasion asking people to leave either for horse-riding or lighting fires. In this light, he found there were, in effect, no rights of way in the glen other than the previous and existing roadways.
However, Mr Justice Kearns found in favour of the argument that the transfer of lands to Wicklow County Council, which took place last October, should have had the consents of the Ministers for Agriculture and Finance.
Some 20 members of the glen camp in court yesterday greeted the ruling in silence. They had been joined in the public gallery by Ms Nuala Ahern MEP, of the Green Party, who, along with another group called the Glen Campaign, had forced the council to amend its original plans in 1991.
Other politicians present included Labour's Ms Liz McManus TD, who said she was greatly concerned about the implications of the ruling that there were no rights of way in the woods.
Mr John Gormley TD, of the Green Party, congratulated the protesters for raising "the unsustainable issues of road-building and private transport".
A protester, Mr Mike Hammond, said the group would be studying the judgment. Referring to the prospect of a standoff with the council, he said: "I cannot see that people who care so much about the planet are just going to walk away because the courts are unable to do anything more than put a sign on either end of the glen."
Meanwhile, a Fine Gael councillor for the area, Mr George Jones, who has opposed the protesters, said he welcomed the judgment. "Their very presence is doing damage to the environment," he claimed.
Mr Michael Looby, Wicklow county engineer, said he was initially pleased but the judgment would have to be studied by council staff. He said preparation of tender documents would now proceed.
