COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 194

MOTION: Councillor F.N. Duffy

On page 157  Replace 1st para 1st sentence by: The preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan.

On page 157  Include additional text: Public Rights of Way have existed over the centuries and  constitute an important recreational amenity for local people and visitors and an economic asset. They enable the enjoyment of high quality landscape and cultural heritage and provide a valuable link to natural assets such as lakes, bogs and forests. A public right of way is a person’s right of passage along a road or path, even if the route is not in public ownership. Council recognises the importance of maintaining and protecting Public Rights of Ways.

REPORT:

Previous Motion

A similar motion was submitted to the June 2015 Development Plan Meeting (Motion 305, ID 45240) and, subsequent to the response of the Chief Executive, the motion was withdrawn.

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. Where a planning authority proposes to include the preservation of a specific public right of way in a development plan, notice must be given to the owner or occupier of the lands who has a right of appeal to the Circuit Court. It is advised that the identification of a public right of way requires proof or verification of the right of way.

The proposed replacement text fails to take cognisance of the fact that identifying a public right of way can encounter complex and lengthy legal proceedings. With the exception of motions submitted to this Development Plan Meeting, no public rights of way have previously been brought to the attention of the Planning Authority for investigation and the timeframe for creation of such rights of way under the Development Plan process has lapsed. Furthermore, there are no seashores located within the County. 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.

The proposed insertion of unbalanced narrative in relation to the creation of public rights of way, which does not acknowledge the legal implications of such, is considered improper and would be misleading.

Recommendation

It is recommended that this motion is not adopted.