COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 13, 2014

MOTION NO.7

MOTION: Councillor W. Lavelle

That this Council supports the development of more countryside walking routes through our County, similar to the Dublin Mountains Way; and particularly supports the development of such routes through the Liffey Valley; and requests the Manager to examine fully the potential to achieve such routes in conjunction with neighbouring local authorities and Government; including through provision of 'permissive routes' in agreement with landowners.

REPORT:

All land in Ireland is in private or state ownership.   Participants in recreational activities should 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.   Ireland's national way-marked trails are '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 forests or Dublin City Council lands at the Bohernabreena reservoir), but even in these areas, access is permissive and the public does not have a right of access.

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. 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.

In situations where more formal access is required, e.g. for regular access for recreational activities, use by commercially guided groups, promoted routes or other activities that can involve large numbers of individuals, some form of formal permission should be obtained.   In these circumstances however, the formal permissive path agreement may also have to address the issue of responsibility for the development of the route to a satisfactory standard, its on-going maintenance and the public liability insurance cover.   Significant cost can be incurred here.   As these routes are not a right of way, landowners may alter or terminate an agreement to withdraw permission after giving reasonable notice, thus putting costs incurred at risk.   For these reasons a feasibility study would be desirable or even an advisable pre-requisite.   An example is the current feasibility study into the proposed Slade Valley Heritage Trail to link Brittas and Saggart that is being funded by the Heritage Council.   This study will examine the proposed route itself and the potential for links to the Dublin Mountains Way and Grand Canal Way.   The outcome of this study could provide a model for the further development of countryside walking in the county.

The Dublin Mountains Way was a long standing objective of the Council before the opportunity arose through the Dublin Mountains Partnership and the direct involvement of the principal landowner to deliver this project.   Improved access to and along the Liffey is a long standing objective of the Council.   All opportunities to further improve access to and along the Liffey in cooperation with landowners will be explored as they arise.