COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 195

MOTION: Councillor F.N. Duffy

On page 158 

Objectives

1  Replace this by: Preserve public rights of way and include an Interim List in the Development Plan.

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Development Plan Meeting (Motion 305, ID 45240) and, subsequent to the response of the Chief Executive, the motion was withdrawn.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

Recommendation

It is recommended that this motion is not adopted.