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Langness controversy could take "years" to resolve

by isleofman.com 1st March 2011

IT COULD be several years before the controversy over the footpaths outside Jeremy Clarkson’s lighthouse home at Largness is resolved.

 

That is the view of the Manx government, when questions on the subject were answered in the House of Keys this morning.

 

Legal disputes, court hearings and the possibility of High Court hearings and further appeals are likely to delay a final decision being reached on the use of the footpaths which led to a major dispute three years ago.

 

TV presenter Jeremy Clarkson argued that the footpath which passed directly outside his kitchen window should be moved, chiefly for matters of privacy. However, protesters said the footpath should remain in place as it had been for many hundreds of years.

 

The controversy led to a major split within government, with MHKs and MLCs debating the subject extensively and a report being commissioned into the footpaths issue.

 

A decision was finally taken by Tynwald for the footpath in question to remain in place, but this led to a legal challenge and one of the nearby landowners claimed in the High Court that the individual’s human rights had been breached. This was over-ruled by Deemster Doyle and costs were awarded in favour of the Manx government.

 

Speaking this morning, David Anderson MHK said that the matter currently remains in the hands of the courts and his department was awaiting a ruling.

 

He added that a further appeal against any further ruling was also possible “which could extend a conclusion by some time, perhaps years.” He confirmed that costs incurred by government so far have reached £49,622 to date, but he believed that, given the court ruling by Deemster Doyle, 75% of those costs should be recoverable.

 

South Douglas MHK Bill Malarkey and Michael MHk David Cannan both argued that had Tynwald accepted the findings of a report into the Langness footpaths three years ago the entire matter would have now been resolved satisfactorily and the legal battle over. 

 

However, Mr Anderson said this was “quite to the contrary”, pointing out that Tynwald had rejected the findings of the report which was decided in favour of Jeremy Clarkson moving the existing footpath away from his property.

 

Mr Anderson was backed by Onchan MHK Peter Karran who, on a rare occasion, said he “fully backed” the government on the matter.

 

Posted by isleofman.com
Tuesday 1st, March 2011 11:36pm.

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