QUESTION: Councillor W. Carey
To ask the Chief Executive whether he considers that South Dublin County Council has a statutory duty of care to introduce emergency traffic management measures to alleviate parking pressures in higher-density estates?
REPLY:
Under the Roads Act 1993, SDCC, as the road authority, are responsible for the maintenance and management of public roads within their functional area. The Act gives local authorities powers regarding roads and traffic management, but it does not impose an express obligation to implement particular parking or traffic measures in specific locations.
Under the Road Traffic Act 1994, a road authority may make parking bye-laws and regulate parking on public roads. The legislation uses discretionary language ("may"), giving councils powers rather than creating an automatic duty to act in a specific way.
In practice, a road authority may introduce measures such as parking restrictions, yellow lines, one-way systems, traffic calming measures and access controls and other traffic management arrangements.
Specific parking and traffic management concerns can be raised for consideration through the Customer Care system, Membersnet, Traffic Management Meetings and Traffic Correspondence Meetings. The Transport team assesses each request having regard to road safety, traffic operation, available resources and competing priorities. The Council has introduced and continues to introduce parking and traffic management measures where considered appropriate following assessment of the circumstances of each location.
It is important to clarify that the Council manages public roads that have been taken in charge. Private roads, or roads not yet taken in charge by the Council, must be managed by the developer, property owner or the legally constituted Owners' Management Company (OMC), as appropriate.
The Chief Executive recognises the challenges being experienced by residents in some newer residential developments arising from increased car ownership levels and the delayed delivery of major public transport projects such as BusConnects and DART+ South West.
In response, the Planning and Transport teams are actively examining a range of measures to assist in managing parking demand. The Transport team is currently exploring the potential for the provision of sustainable transport hubs at suitable locations where this can be achieved in a safe, practical and sustainable manner. Consideration is also being given to opportunities to provide modest increases in parking provision in appropriate circumstances, having regard to site-specific constraints, planning policy objectives and the need to balance parking demand with sustainable transport objectives.
At planning application stage, the Planning and Transport team seeks to ensure that sustainable transport alternatives are incorporated within new developments. This includes the provision of car-sharing schemes, particularly within multi-unit residential developments, to reduce dependence on private car ownership and make more efficient use of available parking spaces.
The Planning and Transport team generally requires the submission and implementation of parking management plans for new residential developments. These plans are intended to ensure the fair and effective management of available parking resources and to maximise the efficient use of parking spaces within developments. In addition, the Planning and Transport teams will be initiating a review of parking and related policies following the adoption of Proposed Variation No. 2 to the South Dublin County Development Plan 2022–2028.
Accordingly, the Planning and Transport teams will continue to engage with the National Transport Authority, developers, residents and other relevant stakeholders on measures that can assist in addressing parking pressures while maintaining the Council's commitment to sustainable transport, compact growth and climate action objectives.
The Council must ensure that car parking provision complies with statutory planning guidance, including the Design Standards for Apartments, Guidelines for Planning Authorities (2025), together with the adopted parking standards contained in the South Dublin County Development Plan 2022–2028.
New developments are monitored to ensure compliance with granted planning permissions, including approved car parking provision and management arrangements. Where a development is not being carried out in accordance with its planning permission, the Council may initiate enforcement proceedings under the Planning and Development Acts.