COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, November 26, 2013

MOTION NO. 13

MOTION: Councillor G. O'Connell

"Following extensive reflection on the plight of the Laneways in Palmerston that preparations be made for the gating of the laneways at Kennelsfort Rd/ The Coppice; Wheatfield Road adjacent to House Number 1, and the laneway linking Wheatfield Road and Glenmaroon Rd to the rear of Turret on a pilot bases and that firm dates for this work be agreed."

REPORT:

The Council is not aware of any legislation that empowers it to install gateways on any laneway not in its ownership and cannot therefore install gates on private property. The laneways referred to are in the charge of the Council however the Council does not hold title to these laneways. It should be noted that the Council can traffic calm the laneways under the Road traffic acts or remove the right of way under separate legislation.  The only option available is to achieve agreement with the users (those who live off the laneways) and the title holder to the erection of gates in manner described in conjunction with the closure of the right of way. However the residents involved should, in the first instance, obtain legal advice on issues such as public liability insurance etc.

Reference was made in a previous meeting of the Committee in relation to gates having been installed in laneways within the administrative area of Dublin City Council.

The Dublin City Council response is similar to that laid out above and in addition that gateways are provided by the residents at their expense and maintained by them and then only following the closure of the right of way following agreement of all users including pedestrians.