COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 197

MOTION: Councillor F.N. Duffy

On page 158 include an Action: Identify the existing public rights of way which give access to mountains, lake shores, riverbanks or other places of natural beauty or recreational activity using the following methodology:

Place an advert in local papers seeking submissions from the public to identify public rights of way which give access to mountains, lakeshores, riverbanks or other places of natural beauty or recreational utility.

Identify existing rights of ways, paths, and access points to mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity.

Identify access points to mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity which the Council have maintained or repaired with a view to identifying public rights of way.

Carry out a desktop analysis of public records, maps, aerial photographs and newspaper accounts to identify reputations of public rights of way.

Once the list is compiled, advertise and put it on display. The public will be invited to make submissions on the validity of the public rights of way.

Endeavor to verify and list the public rights of way and begin the formal process for designating rights of way under Section 14 of the Planning and Development Act 2000 (as amended). Vary the Plan to include the list and map showing the public rights of way.

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Development Plan Meeting (Motion 305, ID 45240) and, subsequent to the response of the Chief Executive, the motion was withdrawn.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

Recommendation

It is recommended that this motion is not adopted.