COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF COUNTY COUNCIL

Monday, November 13, 2006

QUESTION No. 1

QUESTION: Cllr. Robert Dowds

To ask the Manager to outline whether there are any further developments in terms of extending the number of rights-of-way in the rural and scenic parts of South Dublin?

REPLY

Council does not at this stage have sufficient details on rights of way in the County that may be considered for listing. The Council would require firm evidence of the existence of any right of way and a detailed description of each right of way to be listed. Details are required to avoid ambiguity as to the route to be listed (location, start, end, width, surface, topography, gates, styles, fences etc.), and evidence is required in the event that the listing is challenged by anyone affected. Ordinance Survey maps are not acceptable as they carry a disclaimer that the indication of a right of way cannot be taken as evidence of a right of way. Any landowner affected by a proposed listing would be notified of the proposed listing. The comments or more specifically objections of a landowner would be weighed against the evidence and details the Council possessed. In addition to this there is considerable confusion and uncertainty regarding the whole area of rights of way, in terms of their definition, the nature of what right is conferred, terms and conditions applied for use if any, responsibilities of users and landowners, supporting documentation, etc.  The Council would be reluctant to proceed without adequate supporting evidence. So far the Council does not have adequate details or supporting evidence for any additional right of way in the County to be considered for listing in the Development Plan. The Council has however liaised with voluntary bodies and tourism organisation regarding rights of way as amenity resources in the county and will continue to do so.   There are great challenges in progressing this further. The evidence and details needed to progress matters further could be provided by individuals and the voluntary organisations who appreciate rights of way and are more familiar with them. They could be requested to provide such material that would support listing and if necessary a subsequent challenge.  This is a significant request to make of such individuals or organisations however. From the Councils perspective there is a separate issue of what obligations and consequences arise if the right of way is defined as 'public' and is listed in the development plan.