COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. M191

MOTION: Councillor F.N. Duffy

On page 143  Include additional Objectives:

1  Protect, promote, facilitate, encourage, improveand enhance, where feasible, existingpublic rights of way to  archaeological sites and designate traditional walking routes as public rights of way in consultation with the NMS. In other cases, routes will be acquired by agreement with landowners or by way of compulsory powers.

2  Recognising the importance of archaeology and National Monuments as part of our heritage and inheritance, provide, promote, enhance, facilitate, encourage, support, improve and protect public access to archaeological sites National Monuments, battlefields and sites of historic interest, in direct ownership, guardianship  or control of the Council and/or the State or private ownership including those listed in the RMP and seek to maximise their tourism potential.Appropriate signage will be put in place. Information on access to sites will be made be available on the Council’s web-site.(Insert address).

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sought the identification of public rights of way and subsequent to the report of the Chief Executive, the motion was withdrawn.

Wording of Motion

The Chief Executive agrees with the sentiment of the motion, however, the proposed wording is unstructured and complex and is not consistent with policy contained with ‘Taking Steps to be a Literacy Friendly Local Authority’ (SDCC and National Adult Literacy Agency, 2012) in relation to the use of simple, plain and clear language that is literacy friendly.

Rights of Way

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.

With the exception of those submitted under Motion ID48012, 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 subject motion and motion 48021 and 48012, 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 identified areas of the County 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.

Archaeological Heritage

The objectives set out under HCL Policy 2 of the Draft Development Plan are sufficiently framed to recognise and protect the importance of archaeological heritage and the issues of unilaterally creating access to historic sites are dealt with above.

The Chief Executive agrees with the sentiment of the motion, however, the wording is unstructured and complex and it is considered that the insertion of the proposed objectives would hinder and detract from the quality, structure and implementation of the policy on archaeological heritage as contained in the Draft Development Plan.

The acquisition of lands and sites and the provision of signage is also beyond the strategic land-use function of the County Development Plan and therefore cannot be actioned or achieved through the Draft Pan.

It is accepted, however, that HCL 2 Objective 4 should be amended to include for the protection of any of any discovered battlefield sites of significant archaeological potential within the County.

Recommendation

It is recommended that this motion is adopted with amendment:

Amend HCL 2 Objective 4 of the Draft Plan to include for the protection of any discovered battlefield sites of significant archaeological potential within the County.

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 Lucan Village Cemetery, the Dublin-Wicklow Border, Kilakee and Brittas for the purpose of creating possible public rights of way.