Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Amendment No. 940 seeks to insert a new provision allowing land to be declared access land and sets out the procedures for same. This amendment would introduce significant changes to the right of access to lands. This is not the function of the planning system. It would introduce significant legal issues relating to land ownership and consequent liability considerations, notwithstanding the proposed new sections on this matter. Furthermore, it is my understanding that the courts have found that unless clearly grounded in legal rights of public access, it is not in the gift of the planning authority to make such a declaration. Given the serious legal consequences, I cannot accept this amendment.