COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 18, 2015

MOTION NO. 305

MOTION: Councillor F.N. Duffy

Page 153 – 9.4.0

The last sentence of the 1st paragraph should be deleted and replaced by: 

Identify the existing public rights of way which give access to mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity which the Council have maintained or repaired with a view to identifying public rights of way, endeavoring to verify and list the public rights of way and begin the formal process for designating rights of way under Section 14 of the Planning and Development Act 2000 (as amended).

Co-signed by Cllrs Paul Gogarty, Deirdre O'Donovan, Guss O'Connell, Dermot Richardson, Francis Timmons, Liona O'Toole, Ronan McMahon & Dermot Looney

REPORT:

In accordance with the provisions of Planning and Development Legislation, HCL 16 Objective 1 of the Draft Development Plan seeks to preserve and map public rights of way as they come to the attention of the Council. Where a planning authority proposes to include the preservation of a specific public right of way in a development plan, notice must be given to the owner or occupier of the lands who has a right of appeal to the Circuit Court. It is advised that the identification of a public right of way requires proof or verification of the right of way.

The proposed replacement text fails to take cognisance of the fact that identifying a public right of way can encounter complex and lengthy legal proceedings. No public rights of way have heretofore been brought to the attention of the Planning Authority for investigation.

Recommendation

It is recommended that this motion is not adopted.