COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 230

MOTION: Councillor E. Tuffy

That on page 214 – 4.3.8 a new policy be included: “Golf Courses – It is the policy of the Council to ensure that proposals for golf courses or any extensions to existing ones will not impinge on any public right of way or walking route” and that the Draft County Development Plan be amended accordingly.

REPORT:

It should be noted that any planning application received by the Council will take cognisance of any public right of way in line with Policy LHA 32.  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.  

The Planning Authority cannot accept this motion as to “ensure that proposals for golf courses or any extensions to existing ones will not impinge on any public right of way or walking route” would involve prejudging a planning application before it could be assessed against sustainable land use planning policies.

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.