COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF COUNTY COUNCIL

Monday, December 11, 2006

QUESTION No. 10

QUESTION: Councillor T. McDermott

To ask the Manager to outline what powers,if any, the Council has to acquire rights over a strip of land to allow a public right of way to be established?

REPLY

Section206 of the 2000 Planning Act confers on the Council powers to create by agreement a public right of way over land.   It provides that a planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.   Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

Section206 of the 2000 Planning Act confers on the Council powers, by resolution to make an order for the creation of a public right of way if it appears to the planning authority that there is need for a public right of way over any land.   There is a public consultation procedure associated with the creation of a right of way under this section, and an objector may appeal an order for the creation of a right of way to An Bord Pleanála who may confirm, modify or annul such order.

Where a public right of way is created pursuant to the 2000-2006  Planning Acts, the way shall be maintained by the planning authority.