COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 196

MOTION: Councillor E. Tuffy

That on page 201 – 4.2.7 – Policy AA1(b) on 4th line after “and” substitute for the remainder of the sentence: “the provision of public access to archaeological sites, and National Monuments in state care, council or private ownership and all traditional access routes will be designated as public rights of way. In other cases the Council will acquire the routes either by agreement with the landowners or by way of compulsory powers. Appropriate signage will be put in place.” and that the Draft County Development Plan is amended accordingly.

NB Should the above motion not be accepted, 8.3.4.iv – page 132 of the 2004 Plan should be reinstated.

REPORT:

It is considered that access to Archaeological Heritage is sufficiently addressed in the following sections;

Section 4.2.7.i Policy AA1 Archaeological Heritage (b) states that “safeguarding the integrity and the setting of archaeological monuments and sites, protecting existing rights of way to such sites and seeking to establish public access where it does not exist at present” 

Section 4.2.8 Conservation of Buildings, Structures and Sites paragraph 4 states “The Council will seek to facilitate public access to National Monuments in State care and Council ownership.” This is carried over and unchanged from section 8.3.4.iv – page 132 of the County Development Plan 2004-2010.

It is considered that Policy LHA32 Public Rights of Way adequately addresses the issues arising having regard to the significant legal complexities surrounding the issue of  public rights of way. It should be noted that a number of the measures proposed would require the allocation of substantial resources having regard to the legal requirements to be satisfied for the purpose of registering such easements without giving rise to costly legal challenges by affected landowners.  

Manager’s Recommendation:

It is recommended that this motion is not adopted.