COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, December 19, 2023

MOTION NO.9

MOTION: Councillor G. O'Connell

To request a legal opinion from the Council Law Department if a gate on a laneway, that serves adjoining private properties, and that are open for certain periods each day will satisfy the criteria for a public right of way or in what way can gates be erected e.g. at one or several entrances.

 REPORT:

In order to advance understanding of the issue raised it may be necessary to establish an exact location, if one exists, rather than a hypothetical.  

SDCC Law Dept would not be requested to provide an opinion, without instruction from a particular department.  If this motion refers to a private matter, such instruction would not be forthcoming, with the matter of possible public rights of way being a civil matter which would best be addressed by the parties involved and their legal advisors.

In general terms, where there have been none previously, the erection of gates on a road would require planning permission.