Wicklow County Council told the High Court yesterday it will continue its undertaking not to fell trees in an area at the Glen of the Downs which is at the centre of legal proceedings.
The President of the High Court, Mr Justice Morris, also continued an order restraining trespass on the area by a number of protesters, one of whom, Mr Dermot Murphy, is challenging the council's decision to proceed with construction of an £18 million dual carriageway at the Glen of the Downs.
Last month the trespass order was extended to restrain Mr Murphy and other named protesters from purporting to exercise alleged rights over alleged rights of way in the area. The only exception related to a lay-by on the said lands which could be used for the purposes of access to woods.
Yesterday, with the consent of counsel for Mr Murphy and Wicklow County Council, Mr Justice Morris adjourned the proceedings for mention in two weeks' time.
He directed that the undertaking not to fell trees and the interim injunction restraining trespass should continue.
Mr Dermot Flanagan, for Wicklow County Council, said he felt he should draw the court's attention to the fact that Mr Murphy was the only defendant legally represented. He said the other defendants had personally turned up at earlier court hearings but did not appear to be present at yesterday's hearing.
The names of Mr Murphy and the other defendants were then called in court. Mr Michael O'Donnell said he was appearing for Mr Murphy. There was no appearance for the other defendants.
Mr O'Donnell said he was consenting to the continuance of the injunction against trespass. Mr Flanagan said he would take steps to inform the other defendants.
Mr Murphy, a computer technician, of Exchequer Street, Dublin, has instituted judicial review proceedings against the council challenging its decision to build the Kilmacanogue-Glen of the Downs dual carriageway.
Wicklow County Council has also taken proceedings aimed at preventing trespass or occupation of the affected lands. Dates for the hearing of both sets of proceedings have yet to be fixed.
At an earlier court hearing, Mr Murphy said, in an affidavit, that he had been in occupation in the woodlands in the Glen of the Downs for months. He said he was familiar with the area and knew it was an area of extreme importance from an ecological and arboreal point of view. He said it was a designated nature reserve.
The provision of a dual carriageway through the nature reserve was totally contrary to the objective of managing the site as a nature reserve and would have a serious adverse effect on the reserve, he said.
He said there were public rights of way and a public "right to wander" across the said lands. He submitted those rights cannot be interfered with in the absence of the completion of all necessary statutory procedures to extinguish them.