COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, February 28, 2012

MOTION NO. 14

MOTION: Councillor W. Lavelle

That this Committee requests the Manager to prepare plans to secure implementation of Specific Local Objective 25 of the County Development Plan 2010-2016, i.e. to "facilitate completion of the boundary fence that separates Bewley Grove and Mount Bellew Way running eastwards as far as the Outer Ring Road” and to include a new pedestrian entrance in the railings (and footpath across the green area) at the northern end of Bewley Grove.

REPORT:

Following a report to a similar motion at the Lucan Area Committee meeting in December 2010 an on site meeting was arranged to identify the section of boundary requiring completion.  The section concerned is at the west end of the Bewley Grove and Mount Bellew Way boundary where there is approximately 42 meters of bollards which are spaced at 1.5 meter centres.  Completing the boundary at this point would involve the erection of a railing to match the existing, however, before this can be considered the right-of-way would have to be extinguished.  The procedure to extinguish a public right-of-way is a reserved function of the Elected Members of the Council in accordance with Section 73 of the Roads Act 1993.  The procedure to extinguish a right-of-way requires an application to be sent to the Senior Executive Officer in the Road's Department.  The application should include the following:

1.        A petition, signed by individual residents, indicating support for the proposal.  The petition should include the residents immediately adjacent to the right-of-way.

2.        Outline the reasons to extinguish the public right-of-way.

3.        Include a map clearly showing the public right-of-way in question.

4.        Method of closure.

On receipt of the petition and any additional information sought, the matter would be brought to the Lucan Area Committee for recommendation to initiate the procedure.

The Park's Section acknowledges the importance of the right-of-way which provides a link between the two estates to facilitate access to the local primary school, public transport on the ORR and local facilities at the Castle Shopping complex.  Any proposal to extinguish it should be undertaken in tandem with the creation of an alternative link as indicated in the second part of the motion.  It is envisaged that this link would be located opposite the entrance to Lucan Educate Together National School and run in a direction towards 11 Bewley Grove.

The removal of the bollards and their replacement with a fence and pedestrian link would be subject to the extinguishment process, agreement on the alternative pedestrian route and the availability of the necessary resources to carry out the works.