In the latest development surrounding an ongoing dispute over public right of way at Ports Road, Newtownbutler, the Department for Infrastructure (DfI) has decided the public road is not unlawfully obstructed, and does not plan to seek removal of the gate.

The letter was sent to Jim Cripps, Chairman of the Ports Road Access Committee on November 9.

The letter stated that the Department was in receipt of legal advice and following the consideration of “all the available evidence, it is the Department’s position that the extent of the public road ends at the position of the erected gate”.

Ports Roads has become a disputed area over the past number of years following the erection of a barricade preventing people accessing the lough shore.

Criticised

Mr. Cripps criticised the Department for the decision, claiming that officials have not mentioned the evidence residents provided showing the road had been maintained by DfI.

“I received a letter from the DfI stating that they would not be removing the barriers, and citing two documents that they ‘found’ in a cupboard as why this would be.

“They never made any mention of the fact that we sent them over 60 pages of evidence that the road had been maintained by the DfI and their forerunner for decades.

“This information included statements from men who had actually worked for the Roads Authority on the length of road in question.

“We, the Ports Road Access Committee, intend to take our case to the Ombudsman, and pursue it if necessary through the courts. If this should be the case, we shall resort to crowdfunding, whereas the DfI will have to take scarce money from the public purse,” he said.

He added he has written to Lord Erne for support over Ports Road, and is awaiting a reply.

Eamon O’Harte, another resident, also pointed to evidence showing Ports Road was maintained by various roads authorities for more than 50 years.

He also questioned why DfI have carried out work on the blocked-off section of the road.

‘Disputes’

“The truth will eventually come out about what is happening on Ports Road. Like all disputes against public bodies with huge resources, it will take time to bring all the evidence into the public domain and hold those in authority to account for their actions,” said Mr. O’Harte.

While DfI has stated their position on the ongoing blockade, Fermanagh and Omagh District Council said in a statement: “In January, 2022, the Council made a decision to assert the route as a Public Right of Way in January, 2022.

“As not all stakeholders are in agreement with this decision, the Council must apply to the County Court to arbitrate on the issue.

“The Council has a similar case progressing through the County Court, and the Council has decided to wait until that judgement has been given before progressing any further cases in the County Court.

“Any material information in relation to this case, including the Department’s position, will be reported to the Council in advance of it finalising its submission to the County Court.”