Safety signs mixed signals

Water safety signs are being erected at Carnalway, though there seems to be some contradition with the area's tradition as a swimming amenity area.



One sign bans swimming at a point in the river, because of dangerous currents. The other warns swimmers that an area is subject to sudden rising river levels.



But the 'ban' sign is being erected at the area which has been traditionally used for swimming for generations, while the rising levels warning has been placed at the 'dangerous currents' point just below the bridge.



Local lore also says there's a deep hole in the riverbed at that point.

Brian Byrne.

[NOTE: This story has been updated in the light of information that the signs may not have been erected by Kildare County Council.]

CCTV at Carnalway?

What looks like poles for a closed circuit TV system have been installed at Carnalway by the owner of the land which has been the subject of controversy since the amenity area was closed off in 2005.

Recently, the disputed fence which had been erected blocking access was removed, following the installation of a high security fence along the edge of the owner's 'working' land. Though no statement has been issued on the matter, this would seem to be an acknowledgment by Mr Langan of the right of way, following the instigation of legal challenge by the local community and moves by Kildare County Council under planning legislation.

The original closing off was reportedly because Mr Langan was concerned about littering along the banks of the river. Negotiations with the community, which included suggestions for an improved 'policing' of the area, came to naught.

If the poles are what they appear to be, a CCTV system would appear to be the owner's answer to policing the litter problem. However, concern has been expressed to the Diary about having CCTV monitoring of an area which people frequently use for bathing in summer.

[NOTE: The full story of the 'saga' can be accessed by clicking on the label 'Carnalway' below.]

Brian Byrne.

Carnalway fence removed

The high metal fence which has been a source of controversy at Carnalway for almost two years has been removed.

This follows a strong campaign by local people incensed at the blocking of a traditional right of way and amenity area, including a legal challenge.

The entrance to the area is now blocked by just a partial wooden fence, which, at the moment, does not hinder access to the riverbank amenity area.

This move is very welcomed by locals, especially with the summer months approaching soon.

New fence at Carnalway

A new security fence has been erected along the disputed traditional right of way on the banks of the River Liffey at Carnalway.



It isn't clear whether or not this is a move in preparation for the removal of a fence beside the bridge itself, which blocked the right of way in July 2005. Some local residents are worried that it might be an 'aggravation' of the existing position.



Residents of the area have initiated legal proceedings to re-establish the right of way. Also, in December last, Kildare County Council issued an Enforcement Notice requiring the landowner concerned to remove the original fence.

An Enforcement Officer visited the area last Wednesday to assess the latest moves.

Brian Byrne.

The Brans rally support for Council

Brannockstown Community Committee is undertaking a house-to-house campaign to encourage people to support Kildare County Council's moves on the ongoing Carnalway right of way issue.

The Committee will ask people to write to the Council to show the strength of support for the recent issuing of Planning Enforcement notices to the landowner who blocked off access to a traditional amenity.

The notices were issued during the last two months, demanding that the landowner dismantle fences erected without planning permission. However, it seems that the notices have not been complied with.

The issue is also the subject of a court action by a group of local people, representing the community.

Meanwhile, the Diary understands that the community has received cross-party support in their campaign from local representatives.

Brian Byrne.

Fence at Carnalway reinforced

The Carnalway access saga still flows on under the bridge.

Although the owner of the land, Mr Langan, has been served with an Enforcement Order by Kildare County Council, demanding that he remove the 'unauthorised development' fence which has tried to deny access to the long-held right of way, it seems that it has actually since been reinforced.

"As we all know, there has always been, up to this week, public access to the riverside amenity area, thanks to a hole mysteriously appearing in Mr Langan's barricades," says local man Tom Horan, "and even to the extent that about a metre long of the steel security fencing was, it appears, somehow knocked down.

"However, the most recent development this week sees new fencing installed by Mr Langan in further attempts to prevent public access to the area, in direct contravention to the Enforcement Letter sent by Kildare County Council's Planning Officers."

It is a fact of disappointment to local people that there was no attempt made by Mr Langan to remove the offending fence, as per the terms of the Enforcement Notice, and that he has instead apparently had the steel security barricades reconstructed and reinforced.

Brian Byrne.

Email re Carnalway

Hi Brian,

In regard to the Carnalway issue, we are pleased to see that the KCC are doing the right thing, and well done to all, that fought to have the fence removed.

That stretch of the river is one of the nicest, in its whole length and a great place to walk. "People Power" when used for good like this , is good to see. Well done the community.

Regards,

Matthew & Una Hughes,
Sydney, Australia.

Carnalway enforcement notice

The Planning Department of Kildare County Council has issued an Enforcement Notice to the owner of the land at Carnalway who blocked off access to a traditional riverside path and amenity area.

The notice is dated 1st December, under Section 154 & 155 Planning & Development Act, 2000 TO 2002, and says 'whereas the land has been developed without the required permission and whereas the Planning Authority have received a complaint regarding the enclosure and obstruction of access to the River Liffey and whereas the Planning Authority have investigated the matter and found it not to be frivolous or vexatious, Kildare County Council has decided that it is expedient to serve an Enforcement Notice'.

This means that within two weeks from 1st December 2006, Mr Langan (the owner) is required to remove all barriers which have been erected for the purposes of limiting access along this stretch of the River Liffey and to further provide a pedestrian access to the area, to the satisfaction of the Planning Authority.

If these steps are not carried out, the planning authority may enter on the land and take such steps, including the removal, demolition or alteration of any structure and may recover any expenses reasonably incurred by them in this situation.

"As this situation has been ongoing for quite some time now, locals are delighted with this progress," says local man Tom Horan, "and with the effective determination with which Kildare County Council are dealing with this situation."

The Diary understands that representatives of local people who have taken a legal action on the matter recently attended 'proximity talks' in Naas Court with Mr Langan's representatives, offering to monitor the area for litter etc, to the best of their ability, but no agreement was reached at the meeting.

[NOTE: That last paragraph is a clarification of a previous version of the story, where it was suggested that some form of agreement may have been achieved. 'Proximity talks' are talks where the participants don't actually meet, but 'talk' via their representatives from different rooms.]

Brian Byrne.

Fence is 'unauthorised development'

The landowner who erected a controversial fence and razor wire at Carnalway Bridge has been issued a warning letter by Kildare County Council that the construction is 'unauthorised development'.

The letter was sent to Michael Langan of Cramersvalley, following a written objection to the fence made by Tom Horan of Brannockstown.

A number of local residents have made such objections, and a legal action has been undertaken by the residents on the basis that the fence obstructs an ancient right of way.

The letter says that Mr Langan is entitled to make submissions or observations in writing to Kildare County Council's Planning Enforcement Section within four weeks from the date of service of the warning letter. Where the Planning Authority considers that unauthorised development has been, is being or may be carried out, an Enforcement Notice may be issued.

Any person who fails to comply with such an Enforcement Notice within the specified period is liable to a fine of up to €12 million or up to two years imprisonment or both.

Tom Horan says this letter clearly serves to state that the development at Cramersvalley, blocking access to the Carnalway riverside amenity area is unauthorised by KCC.

"I'm very pleased with this outcome," he told the Diary.

Brian Byrne.

Carnalway 'war' escalates

The ongoing contretemps between a landowner at Carnalway and people from the area who are fighting to recover a long-standing right of way on the river side there was wound up up yet another step last week.



It seems that, despite a recent erection of a metal spike-tipped fence behind the original wooden one, the hot spell drew more swimmers and picnickers to their traditional venue.

And somewhere along the line, the Diary has been told, a way was made around the end of the metal fence so that the people could get to the swimming spot closed by the landowner last year.



Now a new gate has been erected to make it impossible to reach the river right by the bridge, from where the recent access had been made possible.



In addition, the metal fence has been topped with razor wire, and the fence itself has been coated with what appears to be some kind of grease, presumably to make scaling it even more difficult.



The Diary has also been informed that legal papers have been served on the landowner, consequent to a court challenge being mounted by local people. The landowner has been asked to 'enter a defence' prior to the case going ahead.

No more than in Lebanon today, it appears that our local 'war' over boundaries is ratcheting up inexorably, inevitably, and ever so sadly.

Brian Byrne.

Carnalway situation remains unhappy

The recent escalation of the Carnalway right of way row seems to be definitely headed for the unhappy situation of the courts.



With the erection of a spiked metal fence behind the timber one which caused the local controversy in the first place, any possibility of a negotiated settlement seems to have gone down with the last flood on the Liffey.

There was a distinct air of gloom in Brannockstown among some of the key people in the community who have been trying to have the matter resolved.

The Diary understands that a required permission from the Attorney General to take a right of way case against the landowner has been granted, and that the landowner had been written to with a view to having a last attempt at negotiation.

"It looks like there's no chance of talking it through now," John Brady said after the news of the iron fence.

Pastor Robert Dunlop was also pessimistic about a negotiation now. "I really don't know where it can go. It's a fortress mentality at this stage."



A local who fishes in the area talked to us as he prepared to do some evening angling at the weekend. "I can get into the water and work my way down the river," he said. "But if the flood comes down, there's no way I can get back out."

But he had sympathy for the landowner's situation at the same time.

"I was down here last week when somebody was cleaning up after people had been on the bank. He took up two black bags full of litter. I mean, if people can bring it in, surely they can bring it out?"

And thus is the root of most such problems. The unthinking, or uncaring, few who ruin things for everyone else.

Brian Byrne.

New fence erected at Carnalway

The latest phase in the 'Battle of Carnalway' began this weekend with the erection of a high and pointed metal fence by the landowner, behind the controversial wooden fence which has caused anger since it was erected last year.



It seems it is the owner's way of dealing with a recent breakthrough in the wooden fence, which provided limited access to a generations-old amenity area by the river, especially during the current hot spell.



The matter will be the subject of court proceedings when a campaign organised by the local residents gets under way following the current fundraising effort.



Ironically, the new fence went up on the same weekend as local man Tom Horan sent the Diary a piece extolling the amenity, which we reproduce below.

Brian Byrne.

Costa del ... Carnalway!

Located near Brannockstown on the white sandy banks of The River Liffey, Carnalway has been a fantastic, all year round amenity area for many generations of both local people and our not-so-near neighbours from Naas, Newbridge, Kilcullen and Two-Mile-House to mention but a few.

In all sorts of weather, the clean flowing water from Blessington Lake provides very favourable and safe conditions for the enjoyment of the members of our local fishing club and canoe club in Kilcullen but most notable for Carnalway is the spectacle throughout the sunny Summer days when scores of excited children armed with buckets and spades, armbands and flippers enjoy the fun of the water, some learning to swim or dive, or splash into the water from the swing rope, with others just learning to toddle through the shallows and feel the sensation of the sand under their tiny toes, not to mention the building of sandcastles, all under the watchful gaze of the older folk basking in the tranquillity of the grassy banks with the beautiful backdrop of mature broadleaf trees.

There were many years when we popped over along the footpath to one of the shops in Brannockstown for a cool cola, a 5p ice cream wafer or maybe to buy a new "pinkeen net". Sadly we have lost our shops (I'm looking forward to a new one) and our access to Carnalway has been partially impeded but the amenity area on Carnalway still remains for our public enjoyment.

How can we put a value on such a rare commodity right on our own doorsteps? In financial terms, it's free but its true value to the many thousands of people who have respectfully enjoyed it for so many years is priceless and irreplaceable.

Tom Horan
Brannockstown.

'Reclaim Carnalway' fight to continue

The Brannockstown and district protest against the fencing off of a right of way at Carnalway is to continue, as preparations are ongoing towards taking a court case against the landowner.



At the AGM of Brannockstown Community Council, a packed hall of around 40 people were given a progress report of the legal challenge to the closing of the right of way at at Carnalway, by local solicitor Conor O'Toole, who said the community should continue to use the facility.

He said people should find some way of getting over the fence onto the right of way during the coming year, and that the landowner could not eject anyone from the longtime amenity area.

"It was a right of way when he bought the land, and he knew that," he said, noting that he and his children had used the area since the controversial fence was erected.



In response to a query from the participants, another local landowner said he now looked at casual walkers on his own land in a different way than he used to.

"All my life we had fishermen, scouts and girl guides using the land, and as long as they cleaned up after themselves we didn't mind," Dick Jeffers said. "But that was then, and today is now, and I'm not nearly so happy with such situations. If I see somebody on the land now, I'll make it my business to hail them and find out where they're from and where they're going."

Funding raised for the legal challenge has now well exceeded €7,000 and a cheque from the Kilcullen Trout & Salmon Anglers Association was presented to the fund on the night of the meeting.

While Conor O'Toole is providing his services gratis, the money is needed to indemnify the Attorney General against any costs that might be incurred in the case.

John Brady and Steve Schwer asked if those attending the meeting were in full support of the six locals, including themselves, who had 'put their names on the block' to take the case on the community's behalf.

A show of hands indicated unanimous support.

The council's committee chairman Pastor Robert Dunlop reminded the meeting that the committee 'gets no pleasure' from the situation.

"We never wanted to take the case," he said, indicating that it was a last resport when negotiations with the landowner proved fruitless.

Brian Byrne.

Carnalway a 'national issue'

The Brannockstown-based group of people who are spearheading the campaign to have a centuries-old right of walking along the riverbank at Carnalway reopened are considering making it a national issue.



The area, long an amenity facility for families and fishermen from all over south Kildare, was closed off by the landowner last autumn, sparking off protests and an imminent legal action.

"This is not just of concern for local people, but is an issue that affects similar traditional rights all over the country," says Steve Schwer, one of the local people behind fundraising for the legal costs of the courts challenge to the closure.

"If this one is let go, it will mean that similar walking and amenity areas along our rivers and in our mountains will be also that bit closer to being closed. So I think we have to bring in other groups around the country to take part in our local campaign."

He believes that hill walking clubs, national freshwater angling associations, and organisation like An Taisce should come to the fore in defence of the Carnalway walk.

The landowner recently erected a bigger fence than the original, leaving space for access to a small part of the river which local people say makes the situation very dangerous for anyone thinking they could access further down the river by walking through the water.

Brian Byrne.

New river move 'dangerous'

The continuing controversy over the blocking of an ancient right of walking along the River Liffey at Carnalway has stepped up a notch with recent moves by the landowner which suggest a hardening of the position.



The owner, a Mr Langan, had previously totally blocked the access through a stile to the riverbank, used by generations of people from all over the region as a summer swimming and amenity spot, prompting angry reactions from locals and the Kilcullen Trout & Salmon Anglers Association.

There was also a well-attended public meeting at the spot, which kicked off an organised fundraising campaign to take legal action to have the right of way restored.

Just before Christmas the original fence was taken down, and has been replaced by an even higher one some distance inside the stile entrance, now allowing access a very narrow access to the limited part of the river.



Some of the people behind the 'Save our Swimming Spot' campaign now believe that the fence was moved with an eye to planning regulations, but the new very limited access to the river actually makes for a very dangerous situation.



"Anybody who might try to enter the river at that point to go further downstream would find themselves in a deep hole without any warning," Brannockstown Village Committee member Steve Schwer told the Diary tonight. "If, God forbid, somebody drowned, where would the responsibility lie?"

The campaign has been raising funds with a number of local events for the legal challenge, which would involve the Attorney-General being joined as part of their case. The funds are required because the AG needs a commitment that he would not have to pay any costs if the action failed.

The Diary understands that previous discussions and correspondence with the landowner have proved fruitless in achieving any negotiated compromise.

Brian Byrne.

Dismay at Carnalway fence move

The controversial fence erected during the summer on a traditional riverside path at Carnalway was taken down by the landowner last Friday. But hopes at the weekend that this represented a change of mind on his part were dashed today, when locals saw that a more substantial one is being erected.





"We are dismayed," local man Steve Schwer told the Diary this morning. Steve is a member of the Brannockstown-based committee who have been raising funds to mount a legal challenge against the closing of the path.

There has been much local concern and anger over the issue, which blocks a right of way that has been in existence since, according to local historians, medieval times.

Brian Byrne.

Big turnout to protect right of way

They came in their ones and twos and threes to make the dozens and scores and then the hundreds who turned out last night to protest their right and the rights of generations to freely use the river bank at Carnalway Bridge.

And if it was the most dull and dreary and miserably wet night of the month so far, the riot of umbrella colours and the fighting good humour of everyone there made it an evening of almost festive aspect.

Perhaps the little ones in buggies didn't quite know what was going on, but they will in the future be told that they were part of a movement that set out to protect their own future right to walk, swim, picnic and fish at Carnalway.

And, as Kilcullen historian Des Travers told them, the right to walk along the river had been there ever since it was part of a medieval road that linked settlements and castles and abbeys all along the Liffey from Great Connell in Newbridge through Athgarvan and New Abbey to Ballymore.

"These were places of religion, of habitation and defence, and of business," he said. "These were points of contact that joined to make a road that went from the Curragh to Ballymore and thence to Dublin. So we are talking about an ancient way and a very important one."

Pastor Robert Dunlop of the Brannockstown Community Committee (centre above) said they were there 'on serious business', but he emphasised they were not there to pick a fight with any neighbour, 'either natives or newcomers', or to flout any laws or engage in any kind of aggressive behaviour.

"Nor are we here to play down any difficulties that have arisen at Carnalway Bridge as a result of unsocial behaviour and the scattering of litter," he added. "We sympathise with the difficulties of landowners who have to deal with this, and we in the community are ready to cooperate in any way in alleviating such problems."

Noel Clare of Kilcullen Community Action said that the numbers of people who had turned out on such a night indicated how much the fields and the right of way meant to the people of the area. He said there was almost a 'spiritual' connection with the River Liffey for the people of the Brannockstown and Kilcullen region for generations.

"It was a place where families came, and it was always somewhere that was very important socially in the life of the area. Many people learned to swim here, and in my own case, while I didn't learn at Carnalway, I certainly improved my techniques over all the time that I used to swim here."

He said that it would be a shame if the right to walk along by the river disappeared, as had others in the area because of 'lack of interest' in maintaining them, but he knew of at least two such ways which had been saved because people got together and made representations to the landowners concerned.

"I hope that this difficulty can be resolved in a similar way, where people who live within the community can get together, can work together, in the spirit that has always existed in the Brannockstown community. With rights come responsibilities, and there are issues of litter and vandalism and the privacy that people are entitled to in their own homes, but it is my wish that we can come together and, through dialogue, work these out so that future generations can enjoy the riverside area here."

Charlie O'Rourke told how he had fished from the bank for over 30 years, as had his father and those before him. "If we fishermen, who stock the river, come to the bridge and can't get down to the bank, we have to walk home again. We really need to have this place reopened."

Local councillor Billy Hillis told the protestors that Kildare County Council was investigating the matter of the arbitrary closure of the way to the riverbank. He said history of people swimming there had already been confirmed some years ago, when the planners accepted that a proposed power station nearby would not be appropriate because, among other reasons, discharge from it could contaminate the swimming area at Carnalway.

"I will do everything in my power to make sure that this right of way is reopened, no matter how far it has to go," he said.

Concluding the addresses, Pastor Dunlop said that Brannockstown had the somewhat romantic reputation of being a 'sleepy village'. "And we are normally very glad that it is a sleepy village ... but Brannockstown is awake tonight. We would encourage the people who have always gone over that stile to continue to do so, because this IS a right of way. We have legal advice that this is so, as well as the consensus of the great majority of people who live in this area.

"We are here tonight to show our solidarity on the issue, and I hope that those of us who have grandchildren will make sure that they can enjoy Carnalway as much as we have. This is our right of way and we will settle for nothing less."

Brian Byrne.

[ED NOTE: More pictures here.]

Carnalway access situation hardens

A public protest meeting to be held at Carnalway Bridge on the evening of Thursday August 4 will be aiming to show the strength of opposition to the recent blocking of the way by a local landowner to a traditional swimming and fishing area.

Brannockstown and Carnalway residents are hoping to get the support of Naas and Newbridge people, who have also been regular users of the area over generations.

"I was taught to swim there, and there are people in their eighties who remember using the riverbank from the time they were children," says Steve Schwer, who chaired a special meeting of the Brannockstown Village Committee on Tuesday night, to discuss the issue.

A wooden barrier was recently erected by the landowner, blocking off a stile at the bridge used by families and fishermen to access the bank of the Liffey downstream of the bridge.



A large 'Private Property' sign was added last weekend, but disappeared within days.

"Feelings are running very high here," another local person, who asked not to be named, told the Diary, and recalled when a previous owner built a high wooden fence some years ago, it was burned down.

That particular owner, after strong representations, relented from his attempt to block the riverbank and instead fenced his land leaving a reasonable walking and sitting area. He also planted screening trees inside the fence, which some locals say was a clear recognition of the old right of way.

The meeting on Tuesday night heard legal advice which said there is an established right of way on the property, and the Committee has resolved to fight the closure through the courts if necessary.

"It isn't just for ourselves in Brannockstown, but for the people of the wider region in this part of the county," Steve Schwer says. "This is a tradition here. So much so that when the original stile was demolished years ago in a crash on the bridge, the County Council insisted that it be reinstated in the rebuilding of the wall."

The Council has been notified of the closure, and local people have been told that the landowner is being 'written to'.

And the Diary is aware that the landowner has offered to open the area to the public on Sundays during the summer, but not on any other day. This has been deemed unacceptable locally.

The Kilcullen Trout & Salmon Anglers Association, which has the fishing rights in the area, is also understood to have had an emergency meeting on the matter.

Members of the local community have emphasised to the Diary that they neither want nor would they condone any illegal action in relation to the barrier.

But, as is reported above -- and also is indicated by the quick removal of the 'Private Property' sign -- 'feelings are running high'.

Brian Byrne.

Meeting about Carnalway closure

A meeting of Brannockstown Village Committee will be held on Tuesday evening to discuss the issue of the recent closure of access to a swimming and walking facility at Carnalway Bridge.



The meeting is not public, but it is expected that the committee members will discuss an offer from the landowner to allow access on Sunday afternoons though not on any other day of the week.

Meanwhile, the Diary understands that a court injunction against the closure may be sought this week by a local resident.

Brian Byrne.

Amenity area blocked off

Brannockstown Community Committee has initiated talks with the owner of land at Carnalway where a traditional walking and swimming area has been blocked off.



The area, at Carnalway Bridge, has for generations been used by locals and people from further away as a family recreational amenity, and it is also on part of the Liffey where Kilcullen Salmon & Trout Anglers Association have controlled fishing rights for decades.



The Diary understands that landowner Michael Lannigan has been concerned about littering and anti-social behaviour by a small number of people in the vicinity of his farm.



The stile which provided access to the path and the swimming area was blocked by a wooden fence last Friday.



Pastor Robert Dunlop of the Community Committee says local people have 'great concern' about the move.

"There are families here in the village who remember using the path to go to Mass," he told the Diary. "And indeed, the folklore here has always held that it is part of a 'Mass Path'."

Saying that people 'have sympathy' with the problems being experienced by the landowner, Pastor Dunlop emphasises that locals 'cannot police' the area.

"But we are prepared to ask the Litter Warden to keep an eye on the area, and we would see if Kildare County Council would consider the provision of litter bins. In addition, we can talk to the Guards and see if they will put in an occasional appearance."

Some years ago, when a previous new owner decided to fence off what had always been a large open field, Brannockstown and Carnalway local people managed to persuade him to keep the fence back from the bank so that the amenity area was still accessible.

"There is always a difficulty in Ireland trying to retain rights of way," Pastor Dunlop commented, noting the more regulated and better documented system that pertains in Britain.

Brian Byrne.