Castletown House activists sued by companies over alleged public right of way claim

In their proceedings, the companies claim the committee has “wrongfully asserted” that their lands are subject to a public right of way and a public right of access
Castletown House activists sued by companies over alleged public right of way claim

High Court reporters

A set of related companies, sued by a community group over the erection of gates allegedly blocking public access to a period house and its estate in Co Kildare, have brought separate High Court proceedings against the group and its directors.

Last month, Save Castletown Committee CLG brought a High Court action claiming gates and connected fencing, erected by the owners of a 235-acre parcel of land within the historic demesne of Castletown House in Celbridge, are blocking public vehicular access to the house and grounds via a road known as Gay’s Avenue.

Celio Properties Ltd, Kilross Properties Ltd, Liffey Bridge Homes Ltd and Springwood Properties Ltd acquired the parcel of land in April 2023. The rest of the estate - including the lands where the 18th-century house is situated - is owned by the Office of Public Works.

Late last month, the companies brought separate proceedings against Save Castletown Committee, and two of its directors, Fintan Monaghan and Treasa Keegan.

The companies have taken the proceedings against Mr Monaghan and Ms Keegan in their personal capacities, and in their capacities as representatives of the committee, according to court documents.

In its proceedings, Save Castletown Committee, who is represented by FP Logue solicitors, is seeking an order requiring the companies to remove the gates and fencing. The committee, with an address at Woodview, Castletown, Celbridge, says planning permission was not obtained.

In their proceedings, the companies claim the committee has “wrongfully asserted” that their lands are subject to a public right of way and a public right of access.

The companies, with registered addresses at Millenium Park, Naas, Co Kildare and Turnings, Straffan, Co Kildare, are seeking orders restraining the defendants from making a claim of public right of way in respect of their lands within the Castletown House demesne.

They say that establishing this public right of way is necessary to their argument in the unauthorised development proceedings.

Both sets of proceedings return to court next week.

In a sworn statement filed in the unauthorised development proceedings, Mr Monaghan says the public has previously “enjoyed habitual access” to Castletown House via Gay’s Avenue. This access has been blocked by the newly erected gates, he claims.

Mr Monaghan says that the ongoing blocking of access to Castletown House at Gay’s Avenue is having a “severe impact” on the local community.

Mr Monaghan says his group’s purpose is to promote public access to the Castletown House estate, and the reunification of the historic demesne lands.

“[Save Castletown House] believes that Castletown lands are of vital historical, cultural, and ecological significance for the community of Celbridge and Leixlip, and therefore considers that they should be in State ownership for the use and benefit of the people of the area and for the State as a whole,” he says.

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