COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, December 17, 2013

MOTION NO. 18

MOTION: Councillor W. Lavelle

"That this Area Committee request the Manager to present a report on engagement with the new owners of lands at St. Edmundsbury; request the Manager to continue to engage with the owners on the possible opening-up of access along the river Liffey, including through provision of 'permissive routes'; and further requests that the owners be invited to meet with this Committee."

REPORT:

The new owners of the lands at St Edmundsbury took possession of the property on 1st November 2013. Representatives of the new owners have made contact with one of the Council's Senior Planners and both the Council's Architectural Conservation Officer, and with the Council's Heritage Officer to establish their obligations in relation to conservation and biodiversity. A brief synopsis of the development plan policies for the area has been provided. The representatives of the new owners indicated that they are broadly supportive of the current plan policies and that they do not envisage making any significant change to the use of the land. It will continue to be farmed. Two unoccupied residential properties that are Protected Structures are to be refurbished and made available for re-occupation. The lands are to be further examined and assessed by the new owners to address any hazards. Both the Conservation and Heritage Officers will continue to liaise with the new owners as requested or required. An invitation to meet with the committee can be extended as these initial contacts progress.

Regarding 'permissive' path routes, it must be recognised that all land in Ireland is in private or state ownership. Participants in recreational activities need to be aware that there is no legal right of access to the Irish countryside. Those who enter onto land owned by others, for the purpose of recreation, do so due to the goodwill and tolerance of landowners. Where an opportunity arises, recreational users are usually encouraged to engage with landowners, and to ask if access is permitted on their intended route. In many cases access will be allowed, particularly if the access is availed of in a responsible and sustainable way. This type of engagement makes a positive contribution to the relationship between recreational users and the landowning community. The Occupiers' Liability Act, 1995 provides a legal framework here. 

Ireland's national way-marked trails are mostly 'permissive path' routes that have been developed with the landowners' agreement; they are not public rights of way. Some national, local government and semi-state organisations encourage or facilitate access to their lands for public enjoyment (e.g. Coillte), but even in these areas access is permissive and the public does not have a right of access.

In situations where more formal access is required, e.g. for commercially guided groups, promoted routes or regular access for recreational activities that can involve large numbers of individuals, some form of formal permission or agreement should be obtained. In these circumstances however, the formal permissive path agreement may also have to address the issue of responsibility for the creation, development or up-grade of the route to a satisfactory standard, its on-going maintenance and the public liability insurance cover. Significant cost can be incurred here. The source of such funding should be identified at an early stage in devising a permissive path agreement.  As these routes are not a right of way, landowners may alter or terminate an agreement and withdraw permission after giving reasonable notice, thus putting costs incurred at risk.

Participants in countryside recreational activities are also expected to respect the interests of other people who own or care for their land or the natural environment. These responsibilities underpin the National Countryside Recreation Strategy, and are elaborated through the Leave No Trace programme (promoted in South Dublin by the Dublin Mountain Partnership).