COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF TALLAGHT AREA COMMITTEE (2)

Tuesday, October 27, 2009

HEADED ITEM NO. 3

PROPOSED EXTINGUISHMENT OF PUBLIC RIGHT OF WAY OVER EXISTING PATHWAY ALONG SIDE OF 1 RAHEEN DRIVE, TALLAGHT, DUBLIN 24. MAP REF: RE 0703

 The following report was submitted to the Tallaght Area Committee Meeting (2) on Monday 28th September, 2009. It was agreed to defer consideration of this report to the October Meeting of the Committee.

Report:-

The following report was submitted to the Tallaght Area Committee Meeting (2) on Monday 27th April, 2009.

“An application has been received from a resident of Raheen Drive to formally extinguish the public right-of-way over the existing pathway along side of 1, Raheen Drive, Tallaght, Dublin 24 due to anti-social behaviour.”

Following consideration of the report, it was agreed to initiate the procedure.

The proposal to extinguish the public right-of-way was advertised in the Echo on Wednesday 6th May, 2009 and signs were erected on site in accordance with Section 73 of the Roads Act, 1993.  The latest date for receipt of objections, representations and requests for an oral hearing was Friday 19th June, 2009.

4 objections were received from residents of 3, 4, 11 and 13 Raheen Court. A file containing the objections is available at the meeting.

Bord Gais, Eircom  and NTL have stated that they have no objections to the proposed extinguishment.

ESB have no objection but wish to be contacted before any works commence. 

Water and Drainage Sections have no objections. 

Public Lighting have no objection but draw attention to public lighting cables running in the footpath along Raheen Court and due care must be considered when excavating. 

The Roads Department would require that the applicant would construct a new footpath should the existing public right-of-way be extinguished.

The decision regarding the extinguishment of a public right-of-way and the granting of an oral hearing is a reserved function of the Council. 

Any recommendation of the Committee will be brought to the attention of the Council.