Carrickmines decision overturned

New legislation must be passed before further work to demolish the Medieval remains of a castle can be carried out, a court ruled today.

The High Court overturned the Government’s approval to build on the archaeological site of Carrickmines Castle, Co Dublin, quashing two orders and declaring them unconstitutional.

Campaigner Michael Mulcreevy had appealed against the joint Government decision to destruct the remains in order to build an M50 motorway roundabout over the site.

And, after a long-running dispute, he could eventually claim success today as Judge Nicholas Kearins ruled that there was a “technical glitch” in Government orders passed on the National Monuments Act.

He declared that the Government had acted outside their powers in approving consent of the building work and said new laws must be passed without delay.

Mr Mulcreevy claimed that Environment Minister Martin Cullen had acted as judge and jury by forging ahead with the national roads building programme while at the same time allowing a national monument to be destroyed.

Dun Laoghaire County Council owned the land where the proposed development was taking place and a joint consent between the council and Mr Cullen was given on July 3, 2003.

On the same day the minister made a National Monuments (Approval of Joint Consent) order which approved his own consent.

Mr Cullen has argued that all proper procedures had been followed and that the M50 roundabout is in the public interest and cannot be moved.

It is believed work would have to start at the castle site by April if the road is to be completed by its target date of September 2005.