This agreement was the result of a five day battle in the High Court between Friend's Director Tony Lowes and the American developers of the golf course about the agreement with the Government to protect a rare snail, vertigo angustior. The agreement was amended, the case was settled, and under an anual review the snail is thriving.
BETWEEN TONY LOWES
THE IRISH NATIONAL GOLF CLUB LTD.
THE MINISTER FOR ARTS, HERITAGE, GAELTACHT AND THE ISLANDS
THE MINISTER FOR TOURISM, SPORT, AND RECREATION
IRELAND AND THE ATTORNEY GENERAL
The aforementioned parties hereby agree and consent that the following Order be made by this Honourable Court:
1. The Respondent/Developer (the Irish National Golf Club Limited) agrees to amend the Management Agreement entered into with the Minister for Arts, Heritage, Gaeltacht and the Islands on the 26th of November, 1999 so as to confirm that Clause No. 4 shall not be interpreted as taking away from the obligation of the Irish National Golf Club Limited to implement in full the proposals set out in the Management Plan.
2. The Respondent agrees to provide to the Applicant a letter of comfort from Dr. Evelyn Moorkens, the acknowledged expert Environmental Scientist and Conchologist, to confirm that the provisions of the revised Management Agreement dated the 5th April, 2000 (referred to in paragraph 1) above affords and ensures the favourable conservation status of the snail Vertigo angustior on the Respondent's land at Doonbeg, County Clare.
3. The Applicant for his own part and with the authority of the Steering Committee of Friends of the Irish Environment and in his position as Chairman of the Environment Committee of An Taisce agrees to the withdrawal of both proceedings by striking out same and to the lifting of all interim and/or interlocutory relief previously imposed by Court Order in the said proceedings on 25th January, 2000 (and subsequently continued).
4. The Applicant for his own part and with the authority of the Steering Committee of Friends of the Irish Environment and in his position as Chairman of the Environment Committee of An Taisce agrees to make no future objection or complaint regarding the development of the above named Respondent being carried out on the lands at Cloonmore, Carrowmore North, Carrowmore, Doughmore Bay at Doonbeg, County Clare under planning permission granted by An Bord Pleanala (Planning Ref. No. P98/655 dated 29th July, 1999).
5. The applicant agrees to withdraw the complaint made by him to the European Commission.
6. The Applicant agrees to publish on the FIE website the terms of this agreement and effect the withdrawal of any critical references to the development at Doonbeg from this website and any other website under his control.
7. The Applicant for his own part and with the authority of the Steering Committee of Friends of the Irish Environment and in his position as Chairman of the Environment Committee of An Taisce recognises the concerns of the Respondent in developing and operating a golf course, hotel, holiday home and leisure centre development to the highest standards for the protection of the environment and putting in place the requirements of the Habitats Directive where applicable.
8. The Applicant for his own part and with the authority of the Steering Committee of Friends of the Irish Environment and in his position as Chairman of the Environment Committee of An Taisce shall raise no objection to any future planning application to be made by the Respondent in respect of its development at Doonbeg, Co. Clare, provided the same is in accordance with law and with the Management Plan and has the approval of Dr. Evelyn Moorkens.
9. The proceedings herein both pursuant to Section 27 of the Local Government (Planning and Development) Ac t, 1976 (as amended) and the Judicial Review proceedings shall be struck out with no Order as to costs.
10. Irish National Golf Club Limited agree to be bound by the terms of their comfort letter to the applicant.
Dated this 5th day of April, 2000
Signed by Tony Lowes
Desmond J. Houlihan, Director of the Irish National Golf Club
Alan J. Craig, for the Minister for Arts, Heritage, Gaeltacht and the Islands
FROM THE IRISH NATIONAL GOLF CLUB LIMITED
In the spirit of the new relationship entered into between the parties, and after the compromise of the Judicial Review and Section 27 proceedings, the Irish National Golf Club Limited agree as follows:-
1) To produce and implement revised construction drawings when available which illustrate no more than minimal changes in topography in the area of the habitat, such changes subject to the approval of Dr. Moorkens; the construction of the tees and greens to be regarded as minimal changes.
2) A commitment to exercise due care with respect to the use of any weedkiller or pesticide with the objective of maintaining favourable conservation status for Vertigo angustior in accordance with guidance from Dr. Moorkens.
3) The Developer will implement each annual review of the management strategy as provided for in the Management Plan, the scope of this review being bound by the objective of maintaining the favourable conservation status of Vertigo angustior.