COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 227

MOTION: Councillor E. Tuffy

That on page 213 – Policy LHA21 “and to encourage and promote access thereto” be added and that the Draft County Development Plan be amended accordingly.

REPORT:

With respect to the Strategic Environmental Assessment, there are potential environmental concerns associated with this motion. As a number of the sites of Geological Interest are working quarries, health and safety issues would prevent access. In the remainder of the sites, a management plan to provide for access by members of the public would be required.

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 "to encourage and promote access thereto" 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 the motion is not adopted.