COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF COUNTY COUNCIL

Monday, December 11, 2006

QUESTION No.1

QUESTION: Councillor R. Dowds

To ask the Manager to appoint someone in South Dublin County Council whose job is to define rural rights of way for inclusion in the South Dublin County Development Plan?

REPLY

The Council does not have at present sufficient details or access to details on any rural rights of way in the County that may be considered for inclusion in the South Dublin County Council Development Plan 2004 -2010.   The Council would require firm evidence of the existence of any right of way and a detailed description of each right of way to be listed.  Details are required to avoid ambiguity as to the route to be listed (location, start, end, width, surface, topography, gates, styles, fences etc.), and evidence is required in the event that the listing is challenged by anyone affected.   Ordinance Survey maps are not acceptable as they carry a disclaimer that the indication of a right of way cannot be taken as evidence of a right of way. 

Any landowner affected by a proposed listing would be notified of the proposed listing.   The comments or objections of a landowner would be weighed against the evidence and details the Council possessed.   The Council would be reluctant to proceed without supporting evidence.  So far the Council has not received adequate details or supporting evidence for any rural right of way in the County to be considered for listing in the Development Plan.   The Council has however liaised with voluntary bodies and tourism organisation regarding rights of way as amenity resources in the county and will continue to do so.   

The evidence and details needed to progress matters further could be provided by individuals and the voluntary organisations who appreciate rural rights of way and are more familiar with them.   The Mountaineering Council of Ireland, the representative body of hill-walking in Ireland based at, Sport HQ, 13 Joyce Way, Parkwest Business Park, Dublin 12 may be in a position to co-ordinate the provision of details of rural rights of way in South Dublin.   They could be invited to provide such material that would support listing or a legal challenge.   This would be a significant request to make of such individuals or organisations.  The Council could provide a liaison contact to support this effort. This would compliment the current efforts by the Council to develop a network of 'green ways' in urban areas of the county.

In addition to this there is considerable confusion and uncertainty regarding the whole area of rights of way, in terms of their definition, the nature of what right is conferred, terms and conditions applied if any, responsibilities of users and landowners, supporting documentation, etc.   Coillte, The Irish Forestry Board for instance operate an ‘open forest’ policy for recreational users, subject to restrictions necessary for forestry operations.   Some tracks on Coillte lands however serve to access trees and are dead-ends, while others may link together to provide valuable amenity walking routes.  Other forest tracks serve as access routes to rights of way, in a similar way as some agricultural land is used for access to rural walking routes.   Possible rights of way on open mountain commonage may be subject to designation under the E.U Habitats Directive or Wildlife Acts, and therefore may be subject to restrictions to avoid activities incompatible with their conservation status.

From the Councils perspective there are also the separate issues of (i) what obligations and consequences arise if any right of way is defined and included in the 2004-2010 Development Plan, and (ii) the need to justify the defining and including a right of way in the Plan, having due regard to the property rights of landowners affected.