COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 214

MOTION: Councillor F.N. Duffy

On page 172

We submit that you should include additional sub section: HYDRO ENERGY

Objective Have regard to the impacts of Hydro Energy Schemes on public rights of way and walking routes.

REPORT:

Small scale hydro-electricity projects are addressed in Section 10.2.6 of the Draft Plan (page 169). Energy (E) Policy 8 states:

It is the policy of the Council to encourage the roll-out of small-scale hydroelectric projects on the rivers, watercourses, dams and weirs across the County, where they do not impact negatively on freshwater species, biodiversity and natural or built heritage features.

As such, an additional objective is not required under Energy (E) Policy 8.

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 (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 public rights 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.