COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE (2)

Monday, 27th February 2006

QUESTION NO. 16

LANEWAYS - ERECTION OF GATES

QUESTION: Councillor M. Murphy

"To ask the Manager what is the procedure that must be followed before the Council can erect gates at the ends of lanes in Private Estates that have been taken in charge. The Residents of Balrothery are considering this option for some lanes?"

REPLY:

The closing of laneways requires the Council to extinguish the public right of way over the laneway.

Laneway closures in Council Housing estates are carried out following the extinguishment of the public right of way and the method of closure is agreed between the Housing Department and the residents.  As the title to the land in the Council estates remains with the Council, the Council still retains an element of control over situations which may arise and this enables the use of lockable gates.

The extinguishment of a right of way in a private estate also requires an extinguishment order and the method of closure is approved by the Roads Department and carried out by the residents.  In these circumstances, title to the land remains with the Developer of the estate.  The Roads Department in such circumstances stipulate that the closure be of a permanent nature on the advice of the Law Agent.

Applications in the above have been recieved from the residents of Balrothery through Housing Maintenance Section and are currently being processed.