Reply - Q37 Public Rights of Way Identification

COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 11, 2023

QUESTION NO. 37

QUESTION: Councillor E. Ó Broin

To ask the Chief Executive to update members on how and when a schedule of Public Rights of Way will be created for this local authority as agreed in the current County Development Plan?

REPLY:

The South Dublin County Development Plan 2022-2028 identifies a public right of way at Lucan Weir and indicated that it is the intention of the Council to actively pursue the identification of further public rights of way, noting that this requires verification and that the burden of proof rests with the Local Authority.

Recognising the difficulties associated with identification of public rights of way, Objective EDE23 Objective 2, outlined a streamlined process for identification as follows:

EDE23 Objective 2

To identify, in a logical and sequenced way, existing public rights of way in relevant areas of the County and to investigate the creation of new public rights of way by taking the following steps within two years of adoption of the Plan:

Identify and map those areas within the County which have the potential to give access to mountain, lakeshore, riverbank or other places of natural beauty or recreational utility;
Examine the identified areas for existing access routes;
Investigate whether existing access routes are public rights of way and where there is an understanding that a public right of way may exist, undertake the necessary steps for consultation set out in the Planning Acts;
Once verified, map and identify those public rights of way in the Development Plan;
Where public rights of way do not exist and access would be appropriate, consider using public rights of way agreements available under section 206 of the Planning and Development Acts;
Where public rights of way agreements are not possible, consider the use of compulsory purchase orders under section 207 of the Planning and Development Acts.

The work involved in identification as set out in the objective will commence in 2024, that is, within 2 years of the adoption of the Plan.