The walk to reclaim the right of way in October 2009.

12-10-2009T. Ayuga

Though the Balearic High Court has indicated that there can be no further appeal with regard to its decision to annul the public right of way along the Cami de Ternelles in Pollensa, the town hall is prepared to give it a go anyway.

The appeal is to be based on two principles. One has to do with the countermanding of Pollensa's general urban plan and the other with the apparent illogic of establishing that the Cala Castell is in effect an exclusion zone while there is nothing in law to prevent anyone swimming off the beach there. It was the right of access to the coast that the Supreme Court had accepted as a justification for it having ruled that there was a right of way, something which the Balearic High Court overturned by introducing the interpretation of the plan for natural resources: one which states that there are areas of protection on the Ternelles fincas, including the Cala Castell.

Meanwhile, the owners continue to warn of environmental risks but are not closing the whole area off in anticipation of there being - in all likelihood - a further appeal to the Supreme Court, which is where the town hall would lodge its appeal.

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