COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 190

MOTION: Councillor L. O'Toole

Motion: Cllr L O’Toole, Cllr G. O’Connell, Cllr P. Gogarty

That this council supports Submission # 0144 page 223 # 4 to provide for a public right of way to various derelict cemeteries across the country including for example the Lucan village cemetery, allowing for preservation and restoration of these historic sites.

REPORT:

Previous Motions

The provision of access to historic sites were raised under Motion 295 (42726) of the February 2015 Development Plan and Motion 303 (ID 45236) of the June 2015 Development Plan Meeting. The responses of the Chief Executive to both motions were agreed at each of the meetings.

Motion 305 (ID 45240) of the June 2015 Development Plan Meeting also sought the identification of public rights of way and subsequent to the report of the Chief Executive, the motion was withdrawn.

Creation of Access to Lands

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.

HCL 16 Objective 4 of the Draft Plan 2016-2022 also seeks to promote and improve access, in partnership with the relevant landowners, to all the historic sites in the County and seek to maximise their tourism potential in partnership with the relevant landowners. The partnership approach towards achieving access is considered to be a more realisable objective compared to the more complex and lengthy legal proceedings involved in creating public rights of way.

Where a planning authority proposes to include the preservation of a specific public right of way in a development plan, this requires proof or verification of the right of way normally in the form of statement of permission from the landowner or ‘dedication’ at some point in time. Notice must also be given to the owner or occupier of the lands who has a right of appeal to the Circuit Court.

No mapped public rights of way to cemeteries have heretofore been brought to the attention of the Planning Authority for investigation and, under the Planning and Development Act 2000 (as amended), the minimum prescribed timescale for making public rights of way is no longer achievable at this stage of the Development Plan making process.

In response to the motion, 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 Lucan Village Cemetery 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.

Restoration of Historic Sites

The identification, funding and carrying out of works to historic structures or acquisition of such structures is beyond the strategic land use planning functions of the County Development Plan. This issue has also been addressed at previous County Development Plan Meetings.

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 Lucan Village Cemetery for the purpose of creating a possible public right of way.