COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 213

MOTION: Councillor F.N. Duffy

On page 171 Policy  Include additional Objective: Identify existing public rights of way and walking routes and prohibit development which would interfere with them and with access to the countryside or recreational amenity.

REPORT:

Energy (E) Policy 9 Wind Energy on page 171 of the Draft Plan states:

It is the policy of the Council to restrict large scale wind energy infrastructure in the rural hinterland and mountain areas of the County, to protect the overriding visual and environmental value of these landscapes.

The evidence based analysis carried out to assess the potential of large commercial windfarm development in the County (undertaken to inform the Draft Plan) concludes, ‘there is no realistic or practical potential for economic wind farm development, without having significant and overriding adverse visual and environmental impacts on landscapes’ (Draft Plan, page 171).

As such, an additional objective is not required under Energy (E) Policy 9 Wind Energy on page 171 of the Draft Plan.

In accordance with the provisions of Planning and Development Legislation, HCL 16 Objective 1 of the Draft Plan seeks to preserve and map public rights of way as they come to the attention of the Council.

No public rights of way have heretofore been brought to the attention of the Planning Authority for investigation. This includes all submissions received during the County Development Plan review stage at pre-draft and draft stage.

In the context of the proposed insertion of public rights of way at this stage of the plan making process, it is advised that the minimum prescribed timescale for making public rights of way as part of the Development Plan under the Planning and Development Act 2000 - 2015 (as amended) is no longer achievable. The identification of public right of way will require the local authority to verify proof of the rights of way normally in the form of statement of permission from the landowner or ‘dedication’ at some point in time. Proof of permission from the landowner also needs to be clear and precise in terms of what land is involved and for what purpose the right of way exists.

Notice must also be given to the owner or occupier of the lands for a minimum period of 6 weeks who has a right of appeal to the Circuit Court.

It is recommended that an action be inserted under Policy 16 of the Draft County Development Plan (Public Rights of Way and Permissive Access Routes) to investigate relevant areas of the County for the purpose of creating publics right of way. Section 207 of the Planning and Development At 2000 (as amended) provides for the creation of public rights of way outside of the Development Plan process.

Recommendation

It is recommended that this motion is adopted with amendment:
Insert an action under HCL Policy 16 of the Draft County Development Plan (Public Rights of Way and Permissive Access Routes) to investigate relevant areas of the County for the purpose of creating public rights of way.