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)

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail) | Oireachtas source

Sometimes a gap can be identified during the discussion. It is okay for us to identify such a gap. If established rights of way that have been subjected to the local authority process and registered with Tailte Éireann are frustrated, what is the mechanism to vindicate them? For example, if a landowner prevents people from crossing his land, who is responsible for vindicating the right of way? If we are saying it requires a legal process that rests on the individual, for example, there might be grounds for vindication or a reason to vindicate in the case of adjoining property; however, the reality is that if the individual is a walker, he or she will just go around the property rather than take a court case to vindicate his or her right. Who vindicates the right of way when it is frustrated? It should not be the individual; rather, it should be a statutory body.

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