During the "reclaim" walk of October 2009.

12-10-2009T. Ayuga

Though the Balearic High Court had appeared to close the door to there being any further appeal in respect of the case of public right of access to the walk along the Cami de Ternelles, it has accepted Pollensa town hall's arguments that its request for an appeal should be considered by the Supreme Court.

The Balearic court had determined last month that right of access should be annulled, basing its decision on the fact that as there are "exclusion zones" (for environmental reasons) which prevent access to the sea, it made no sense to maintain the right of access.

The Supreme Court had itself ruled in February that, regardless of the road and land being privately owned, there was a right of way. It had accepted the view that coastal access was being denied and that this was therefore a contravention of a basic right in law. The Balearic court then took a differing view that was influenced by the fact that under the plan for natural resources there were two environmentally sensitive exclusion zones which the town hall had not integrated into its general land plan.

In having its appeal request considered, the town hall is embarking on what may prove to be the last possibility it has to try and have the principle of access established.


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