COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, March 25, 2014

MOTION NO. 19

MOTION: Councillor G. O'Connell

Cathaoirleach's Business

"That, acting in the common good and on behalf of the citizens, the situation of the Laneways in Palmerston be examined with a view to finding a more cost effective, environmentally friendly and health and safety way of maintaining them that will allow them to be used for the sole purpose for which they were provided, i.e. as a means for adjoining residents to gain access and regress to their property; that the Law Department/Agent give a definitive explanation as to why, apparently, these laneways have to be treated as the same type of right-of-way as a public road when clearly they serve quite a different purpose and that this Committee requests Management to prepare a scheme whereby these lanes can only be used for the purpose for which they were designed and that intruders only determined to dump and engage in anti-social can be excluded."

REPORT:

The power conferred on a Road Authority to declare a road to be a public road is contained under Section 11 of the Roads Act 1993, which states,  "A Road Authority may, by order, declare any road over which a Public Right of Way exists to be a Public Road, and every such road shall be deemed to be a Public Road and responsibility for its maintenance shall lie on the road authority."

The definition of Road in this Act includes "any street, lane, footpath, square, court, alley or passage."

The laneways in Palmerston which have been discussed at several recent meetings of this committee namely
a) Laneway between Kennelsfort Road and The Coppice
b) Laneway between Wheatfield Road and Oak Court
are in charge of the Council and as such are Public Rights of Way for the benefit of local residents and the public at large.

Under Section 38 of the Road Traffic Act 1994, the Council is empowered to install measures to restrict or control access to a laneway by mechanically propelled vehicles such restriction is normally achieved by the installation of bollards as is the case with the laneway between Kennelsfort and The Coppice.