COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE (1)

Tuesday, June 10, 2008

QUESTION NO. 6

QUESTION: Councillor C. Brophy

"To ask the Manager to state what are the plans in respect of the laneway between Limekiln Green and Limekiln Avenue adjacent to (beside no.31) and given the anti social problems that exist in this laneway, if the Council intend to take any initiative and if you will make a statement on the matter?"

REPLY:

The Council will commence the statutory procedure for the extinguishment of the public right of way over the laneway in question on receipt of a petitition signed by individual residents concerned. The extinguishment of a public right-of-way is a Reserved Function of the Elected Members of the Council in accordance with Section 73 of the Roads Act 1993. The procedure for extinguishment of public rights of way is detailed hereunder:

1.     An application to extinguish a public right-of-way should be made in writing to the Senior Executive Officer, Roads Department, County Hall, Town Centre, Tallaght, Dublin 24.

2.     The closure of a public right-of-way has to be of a permanent nature.

3.     A petition signed by individual residents concerned, indicating support for the proposal (to include the residents adjacent to the right-of-way) and their reason to extinguish the public right-of-way should be submitted with a map indicating the location.

4.     The proposal to effect the closure and who will be responsible for carrying out the works involved along with a letter from the Title Holder that they are in agreement with your proposal to effect the closure should also be submitted. Any works or costs involved in effecting the closure would be a matter for the residents concerned, i.e. building of wall/ fence, acquisition of title, and the relocation of services if applicable.

5.     On receipt of the petition and any additional information sought, the matter would be brought to the relevant Area Committee for their recommendation.   

If agreed, the notice of intention to consider the extinguishment of the public right-of-way would be advertised in the Press and signs erected on site. Any representations or objections to the proposal must be made in writing to the Senior Executive Officer, Roads Department, South Dublin County Council, County Hall, Town Centre, Tallaght, Dublin 24. and must be submitted within the six week period commencing on the date of publication of notice.

It should be noted that persons making such representations or objections may make a request, in writing, to state their case at an oral hearing conducted by a person appointed by the Local Authority for that purpose.

6.     Following this six week period a report would be presented to the relevant Area Committee for their recommendation. This recommendation would then be brought to a full County Council meeting for final decision, as the extinguishment of a public right-of-way is a reserved function of the elected members of the Council.

7.     Residents would then be informed of the County Council’s decision with regard to the extinguishment.

8.     Should the Council make a decision to extinguish the public right-of-way it is the responsibility of the residents concerned to contact the utility companies ( ESB, Eircom, NTL, Bord Gais and the Councils Environment Department) with regard to their service requirements in relation to the public right-of-way.