COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 196

MOTION: Councillor F.N. Duffy

On page 158 Include additional Objectives:

1  Encourage and facilitate the creationof additional rights of way and extend existing ones to facilitate the development of waymarked ways and loop walks, by undertaking a review of walking and cycling routes and bringing forward proposals within two years of the adoption of the Plan, either by agreement or by the use of compulsory powers, for the creation of public rights of way particularly in areas of high amenity and  to areas of high amenity, uplands, lake shores, river banks, forests, heritage sites, areas of historic or archaeological importance, National Monuments, to create a meaningful network. Provide linkages from built up areas to the countryside and to link with public rights of way in adjoining counties.

2  Provide adequate signposting and waymarking on rights of way.

3  Protect and promote Greeenwaysand consider designating them as public rights of way.

4  Identify and map on an ongoing basis public rights of way and incorporate them in the Plan by way of  a Variation.

5  Recognizing the importance of established public rights of way for the common good, especially in tourist areas and those which provide access to archaeological sites, National Monuments, lakeshores, riverbanks, upland areas, water corridors or other places of natural beauty or recreational utility and to encourage cycling and walking, maintain, preserve, protect, conserve, enhance, promote and improve them. Ensure that they are effectively maintained by controlling undergrowth, trees and bushes.

6  Prohibit development and keep free from obstruction existing rights of way, and take legal action if necessary, to prevent any attempt to close them off.

7  Existing Public Rights of Way and established walkingroutes shall be identifiedprior to any new forestry planting, new infrastructural, energy/telecommunications or golf course developments and any other development capable of affecting the respective right of way.

8  Development will not be permitted where a public right of way will be affected unless its character and convenience is maintained by: 

 (i) the footpath/bridleway being diverted by the minimal practical distance and the route continues to be segregated from vehicular traffic;

(ii) Appropriate legal procedures have been undertaken to extinguish the existing right of way and to establish the new right of way to replace it.

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 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.

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.

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.

The provision of directional signage along public rights of way is beyond the strategic planning and land use function of the County Development Plan and therefore cannot be achieved or actioned through same. The identification, funding and provision of such should be directed towards the County Tourism Strategy.

IE4 Objective 6 of the Draft Plan already requires the identification of adjacent Public Rights of Way and established walking routes by applicants prior to any new telecommunication developments (including associated processes) and to prohibit telecommunications developments that impinge thereon or on recreational amenities, public access to the countryside or the natural environment. This objective was inserted into the Draft Plan subsequent to Motion 271 of the June 2015 County Development Plan Meeting.

It is considered that the insertion of additional objectives into the Draft Plan that seeks to further limit development within the County prior to the resolution of unrelated and complex legal matter in relation to public rights of way would be overly restrictive and would adversely impact on development within the County.

Recommendation

It is recommended that this motion is not adopted.