Oireachtas Joint and Select Committees
Wednesday, 17 April 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source
The Deputy should look at sections 244 and 245. Section 244 is on the creation of rights of way by agreement and section 245 is on the creation of rights of way through compulsory purchase. The local authority cannot point to a piece of land that is privately owned and announce that, from then on, it is going to be a right away. It does not have that power. If there is an established and long-standing right away, it can designate it on a map. If there is a dispute about whether a right of way exists, it is a matter for the courts.
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