COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Tuesday, September 19, 2017

HEADED ITEM NO. 8

 

Proposed Extinguishment of Public Right of Way between

Whitebrook Park and Raheen Close

 

The members of the Tallaght Area Committee at the meeting of 26^th June 2017, recommended to the Council that the procedure to extinguish the public right of way between Raheen Close and Whitebrook Park be initiated. The Council at its meeting dated 10^th July 2017 AGREED that the process should be initiated.

 

The proposal to extinguish the public right of way was advertised in the Tallaght Echo on Thursday 20^th July 2017 and signs were erected on site in accordance with Section 73 of the Roads Act, 1993. A Leaflet Drop was carried out to all homes in the vicinity on Tuesday 1^st August 2017. The latest date for the receipt of objections, representations and requests for oral hearing was Thursday 31^st August 2017.

The following is a breakdown of the submissions received in response to the public advertisement/notice:-

Against the Extinguishment            of the Right of Way                                                 359

 

Of which:        212 requested public lighting and or CCTV be provided in the laneway           

             31 requested public lighting and CCTV Security linked to Garda Station,

            regular patrols of the lane and lane to be cleaned and graffiti free.

In favour of Extinguishment of the Right of Way                                                304

Number of Requests for Oral Hearing                                                                     2

Reports from Utility providers:

Bord Gais                  No comment on Proposal - Map with Pipeline in the vicinity - when an agreement has been reached contact Bord Gais re method of closure

Eircom                       No comment on proposal – Map with Plant in the laneway.

Plan is kept in situ with documented stipulation of 24 hour access allowance to Eir’s plant by eir or its agents for maintenance and upgrade or Eir’s existing plant is moved to an alternative location at LA’s expense.

ESB                             No comment on proposal – Map showing approximate location of underground services close to the laneway.

Civils@UPC

Virgin media             No objection

Water and Drainage No objection – permanently retain access to Surface water drain

Public Lighting         No objection

The decision regarding the granting of an oral hearing is a reserved function of the Council.

The decision regarding the extinguishment of a public right of way is a reserved function of the Council.

Any recommendation of the Committee will be brought to the Council for decision.

 

COMHAIRLE CONTAE ÁTHA CLIATH THEAS SOUTH DUBLIN COUNTY COUNCIL

 

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 10, 2017

HEADED ITEM NO. HI 2 (C)

HEADED ITEM: C. Performance and Change Management Directorate

 REPORTS FROM AREA COMMITTEE

The Members of the Tallaght Area Committee following consideration of the report set out below recommended that the procedure to extinguish a Public Right of Way between Raheen & Whitebrook be initiated.

COMHAIRLE CONTAE ÁTHA CLIATH THEAS SOUTH DUBLIN COUNTY COUNCIL

 

MEETING OF TALLAGHT AREA COMMITTEE

Monday, June 26, 2017

HEADED ITEM NO. 20

HEADED ITEM: L. Leonard

 Public Right of Way at Raheen & Whitebrook

REPLY:  

"At a deputations meeting held on 24^th May 2017, representatives from Raheen and Whitebrook attended to discuss their respective concerns regarding the public right of way over the open pathway between their estates. The Right of Way at this location has been the subject of proceedings to extinguish it for many years. The Roads Department have responsibility to carry out any formal extinguishment processes and have been involved in this case since 1995.

Some of the historical context was provided at the outset and residents engaged in a discussion of the issues. Councillors McCann, Leech and O’Connor contributed to the debate and raised questions with staff present which were responded to.

There remains a clear difference of opinion with on the one hand Raheen residents advocating strongly for the right of way to be extinguished and the Whitebrook residents voicing an opposing view and stating that the right of way should remain.

Cllr. Cora McCann chaired the meeting and in summing up at the end asked that the executive prepare a report outlining the options open to the Council to progress the matter.

Options:

1. Conclude the formal Extinguishment Process in the absence of consensus among residents. Given the timescales involved this would necessitate a re-advertisement of the Councils intention to close the Right of Way, inviting objections/submissions from the public. A report on objections/submissions received would then be brought to the Tallaght ACM for decision and or recommendation to the full Council.
2. The Land Use Planning and Transportation Department recognises the value of the route from a permeability point of view and is prepared to install public lighting along the route which it is hoped would alleviate issues of anti-social behaviour. LUPT would not be in favour of the suggestion made at the Deputations meeting to also extinguish the rights of way over adjacent routes. These routes in general serve the following important purposes for residents of Raheen Estate and adjoining areas who use the path as a route to:-

• the bus stop on Blessington Road
• the shops at Fortunestown Shopping Centre and
• to schools in the general area.

3. Provide monitored CCTV linked to Tallaght Garda Station, this may be progressed for discussion to the Joint Policing Committee.

Additional points for consideration

If the public right of way is extinguished, the Council [Public Realm] can arrange to fence off the site and will continue to maintain the green area(s). Budget allocation may be required for the provision of fencing. There is no financial provision in 2017 budget for any such works.

• The Council will continue to require access to any existing underground services which may inform how the land will be incorporated /secured.
• Closed off lanes generally present problems for public realm with escalation of illegal dumping instances

Residents may be required to submit a comprehensive plan regarding the incorporation of the area into adjoining gardens prior to any decision being taken to extinguish the public right-of-way. Any costs involved in the preparation and implementation of same would be the responsibility of residents themselves and certain limitations due to access to underground services as mentioned above may need to be incorporated."

If the Council agree the proposal, the procedure to extinguish the Public Right of Way between Raheen and Whitebrook will be initiated.