COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 188

MOTION: Councillor F.N. Duffy

Page 157 – include the following rights of way into the plan 1. Dublin-Wicklow Border. 2. 02 Killakee. 3. 03 Brittas.

REPORT:

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.

With the exception of the subject motion, no suggested 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.

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 the suggested 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.

Most of the routes that are suggested under the subject motion appear to relate to paths that are currently open and can be used by the public. 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 the areas of the Dublin-Wicklow Border, Kilakee and Brittas for the purpose of creating public a 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 Policy 16 of the Draft County Development Plan (Public Rights of Way and Permissive Access Routes) to investigate the areas of the Dublin-Wicklow Border, Kilakee and Brittas for the purpose of creating possible public rights of way.