COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 201

MOTION: Councillor E. Tuffy

That on page 208 – 4.3.7 – the following new policy be added: “ It is the policy of the Council to encourage and promote access to our Natural Heritage and to geological and geo-morphological features of heritage value on a permanent and legal basis” and that the Draft County Development Plan is amended accordingly.

REPORT:

Section 4.3.7.xix Policy LHA21: Geological Features states that “it is the policy of the Council to identify and seek to preserve important features of geological and geomorphological interest within the County.”

It is considered that this motion is not appropriate; the Council cannot encourage and promote access on a permanent and legal basis due to the legal implications associated with doing such which are outside the remit of the County Development Plan process.

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 not be adopted.