COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF DEVELOPMENT PLAN MEETING
Tuesday, September 01, 2009
MOTION NO. 233
MOTION: Councillor E. Tuffy
That on page 215 – Policy LHA32 all except the 2nd paragraph be deleted and replaced by:
1 - “List existing public rights of way, within one year of the adoption of the plan, but if the examination of traditional walking routes for possible designation is not completed within this time, that an Interim List will be prepared. The list will be accompanied by detailed maps showing the actual routes and the appropriate signage will be put in place. The list will be included in the Plan by way of Variation.”
2 - “Protect, preserve, promote, enhance, improve and maintain, for the common good, existing rights of way.”
3 - “Create new rights of way, as required, or extend existing rights of way either by agreement by or by way of compulsory powers in the interest of ensuring access to amenities. In particular, rights of way should be provided to from built-up areas to the countryside”.
4 – “Prohibit development and keep free from obstruction existing rights of way and walking routes, and take legal action if necessary to prevent any attempt to close them off."
5 – “Prohibit development which would prejudice public access to existing rights of way, unless specific arrangements are made for suitable alternative linkages.”
6 – “Look favourably upon planning applications which include proposals to improve the condition and appearance of existing rights of way.”
7 – “ Developments will not be permitted where a public way will be affected unless the level of amenity is minimised by:
(i) The footpath/bridleway being diverted by the minimum practical distance and the route continuing to be segregated from vehicular traffic;
(ii) Appropriate legal procedures have been undertaken to extinguish the existing right of way and to establish the new right of way to replace it.”
8 - “Existing rights of way and established walking routes shall be established prior to any new planting, new infrastructural development and any new energy/telecommunication developments.
REPORT:
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.
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:
That the motion not be adopted.