Cobh campaign group 'delighted' after court finds in favour of public right of way

The Port of Cork Company (PoCC) has said it accepts the existence of a public right of way in Cobh after the circuit court found it was established by the British Government in the 1800s.

Diarmuid Cahill, of the Save Cobh’s Right of Way campaign group, said that they were “delighted” by the recent court decision that a public right of way exists from Whitepoint, along the Five Foot Way and through Deepwater Quay as far as Westbourne Place.

“The proceedings heard how the lands in question were initially dedicated by Lord Midleton who built the first quays and walkways, and how these public rights were later preserved in a series of Acts of Parliament from 1854 to 1884,” he said.

The court proceedings began in 2019, after protests by residents over the port company’s temporary closure of the quayside and Five Foot Way during berthing operations, closures the PoCC said were only for 30 minutes and were necessary for safety reasons.

Mr Cahill criticised the company saying “that a state body would drag out legal proceedings over a seven-year period, wasting public money, against citizens who were without resources”.

He thanked the legal professionals who took on their case, as well as the people who supported their campaign and signed petitions.

He called on local councillors to ensure that the right of way is formally registered in the next County Development Plan.

A spokesperson for the Port of Cork Company said it “welcomes the clarification regarding the existence of a public right of way at Cobh Cruise Terminal (Deepwater Quay).”

“We recognise that our valued local community has crossed the quay for many years, and the Port of Cork has always strongly respected access to the Cobh Cruise Terminal while remaining mindful of its duty to ensure that all visitors and locals have a welcoming experience without compromising health and safety considerations,” said the spokesperson.

“Ports and docks are among the most hazardous work areas with unique and very serious risks to safety for both the general public and people working at the port.

“While recognising the public right of way, the Port of Cork continues to have a duty, under legislation, to regulate access in line with safety, security, and operational requirements, as it always has,” they added.

“Quayside safety restrictions are implemented only for very short periods when absolutely necessary, when safety and/or security risks cannot be adequately mitigated,” they said, adding that they will endeavour to communicate these temporary closures in advance.

Keep Ireland Open chairperson, Robert Dowds, described the verdict as “a magnificent and hard won achievement by a group of ordinary citizens”.