COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, December 18, 2012

MOTION NO. 10

MOTION: Councillor E. Tuffy

"Noting the Report on Motion No.11 at the November 2012 Area Committee meeting, and noting that the matter of closing off the main laneway behind Wheatfield Road, Palmerston has been the subject of business at Area Committee meetings over many years, and that individual residents and resident groups have expressed concerns about many issues in these lanes, that the Manager would present a comprehensive Report for discussion at the meeting on all the obstacles, issues- legal and otherwise,  that prevent the closing off of these particular lanes."   

REPORT:

The extinguishment of a public right of way is a function reserved to the elected members of the Council in accordance with section 73 of the Roads Act 1993.

The laneway in question is shown on the attached map. As reported to the November 2012 meeting of the Committee, that portion of the laneway shown outlined in red is a private laneway not in charge of the Council and as such there is not a public right of way over this portion of the laneway. Accordingly, the powers vested in the Council under section 73 of the Roads Act 1993 do not apply to this section of the laneway.

The balance of the laneway comprises a hard surfaced area coloured yellow and an adjoining grassed area coloured green. There is a public right of way over the hard surfaced area which is in charge of the Council. However, title to this portion of the laneway is registered to Barry Lyons and Graham Kenny. The grassed area is not in charge of the Council and as such there is not a public right of way over this portion of the laneway. Most of the grassed area is also registered to these two individuals. Some of the residents of Oakcourt have recently acquired title to that portion of the grassed area immediately to the rear of their gardens.

If the local residents wish to close this laneway they would need to formally apply to the Council to have the public right of way extinguished. The application should include the reasons for closure and indicate the method of closure. In this regard the residents would need to have sufficient legal interest to effect closure of the laneway. All costs associated with the closure must be borne by the residents. It would be advisable for the residents to obtain independent legal advice on the necessity for insurance. On receipt of such application the matter would be examined and brought to the Committee for its consideration.  If the residents wish, a meeting can be arranged to discuss the issues involved.