Fermanagh and Omagh District Council (FODC) has told a local campaign group that public access to Necarne Estate has been “de facto access” and that the route through the estate “does not qualify to be deemed a public right of way.”
However, the Council has clarified that “Necarne estate remains open to walkers.”
The Council is in the process of leasing Necarne Estate to a new bidder. Necarne Estate was most recently leased to the Department of Agriculture, Environment and Rural Affairs, which no longer has any use for it. As of last month, Gardrum Holdings, Dromore is the only bidder being considered for the new lease. 

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Necarne Castle is not included in that lease and it remains the responsibility of the Council. 
A local campaign group called ‘Saving Necarne’ believes Necarne Castle should be included in the lease agreement and it wants to see the entire facility “benefitting real local needs, rather than private shareholders.”
The group is concerned that the new lease being offered to bidders does not stipulate that the facility must be open to the general public. Members have sent hundreds of rights of way forms to the Council in a bid to ensure that the public can continue to access the grounds once the new lease is signed.

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They received an email last Monday from FODC’s Countryside Recreation Officer Imelda McCarron, stating: “I have had an opportunity to speak with Council legal support and together, with the review of all of the evidence forms and historical maps it appears that the route in question does not qualify to be deemed a public right of way but rather access to the Necarne Estate has been ‘de facto’ access.”
She continued: “What this basically means is that the [Necarne] landowners have historically tolerated access but, irrespective of the historic use of the land, there is no legal basis to a public right of way and so Council cannot proceed at this time to assert. Should new evidence come to light, Council may be in a position to reconsider.”
A spokeswoman from Saving Necarne stated: “People have been walking, running, cycling in Necarne since it existed … and the DARD lease provided for full recreational use for local community. It is critical that the community lobby their councillors to ensure that the council enters an open, inclusive process with the community and all stakeholders.”
The Saving Necarne group made a presentation to FODC’s Policy and Resources Committee meeting last Wednesday, calling for “a community-led approach”.
Following that meeting, a Council spokesman stated: “When the estate was leased to the former DARD the Council ensured that the estate remained open to the public for the purpose of walking. Should new management arrangements emerge in the future the Council will ensure that the right for the public to walk in the park is retained.
A spokesman from Gardrum Holdings has recently commented: “We have stated our commitment and willingness to work with the local community and their representatives if our proposal is successful.”
Meanwhile FODC officers have recommended that the Council seek £331,000 from the Department for Communities (DfC) Historic Environment Division to cover the cost of remedial works at Necarne Castle because “the Council has not been able to identify a sustainable use for the Castle and it remains in a ruinous state.”