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. 175

MOTION: Councillor E. Tuffy

That on page 156 – 3.2.18 – the following be added to Policy EE35 :”and the impact on access to the countryside including public rights of way and walking routes” and that the draft county plan is amended accordingly.

REPORT:

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

MANAGERS RECOMMENDATION

It is recommended that this motion is not adopted.