COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 216

MOTION: Councillor E. Tuffy

That  on page 210 – Policy LHA 14 be relocated in Theme 3 – Section 2  and that the following new policies be added:

"1 It is the policy of the Council to facilitate access to forestry, including private forestry, for walking routes, mountain bike trails, bridle paths and other non-noise generating activities.

2  Forestry should not obstruct existing rights of way or traditional walking routes.

3   It is the policy of the Council to identify existing rights of way and established walking routes  before planting commences.

4  It is the policy of the Council to protect access routes to upland walks and rights of way"

and that the Draft County Development Plan be amended accordingly.

REPORT:

Section 4.3.7.xii paragraph one states that “In addition to their economic function forests have a major role to play in facilitating recreational activities. In the mountain areas the Council will seek to ensure that new forestry development facilitates public access wherever possible”

It is considered that policies relating to forestry are appropriately located in Theme 4 Protected Place, given their recreation and amenity function and it is therefore not considered appropriate to relocate these in Theme 3 Section 2 Enterprise and Employment. 

With regard to the proposals in the motion relating to ‘rights of way’ and ‘walking routes’ it is considered that the relevant policies and objectives (LHA31: Access to Forest and Woodland Areas; LHA32 Public Rights of Way; LHA33 Trails, Hiking and Walking Routes; and LHA34: Amenity/ Viewing lay-bys) adequately address 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.  

Notwithstanding the potential positive impacts of the motion, it is considered that in light of the particulars outlined above, this motion should not be adopted.

Manager’s Recommendation:

It is recommended that this motion is not adopted.