Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I genuinely do not see a weakening. If we look at section 58(10), it states:

Any provision relating to the preservation of a public right of way contained in a development plan continued in force under section 66 may be included in a subsequent development plan made under this Act without the necessity to comply with this section.

Section 58(11) states: "Nothing in this section shall affect the existence or validity of any public right of way which is not included in a development plan." So if one were missed, for argument's sake, the validity of the right of way is not affected. I will check the point about the listing of rights of way because section 58(12) states: "The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown." The word “shall” is used, and that is very clear. If I can get a moment to do so, I will just check about the listing of rights of way.

We can check this further, but from a reading of both the existing Act and the current Bill, there is a very clear reference to the issue in section 58(1) which states "notice of the proposed variation of the development plan under section 56, serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention". The introduction to that paragraph states:

Where a planning authority proposes to include a provision in a development plan relating to the preservation of a specific public right of way, it shall, prior to the publication of notice of the preparation of the draft development plan under section 53 or notice of the proposed variation of the development plan under section 56, serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention ...

That is pretty much word for word with section 14 of the Planning and Development Act 2000. If the Deputies have the current Act, they should look at page 98.