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

I thank the Deputies for clarifying this for me. If we look at section 246 we can see some additional and supplemental provisions with respect to public rights of way. I am looking in particular at subsection (2) whereby, with regard to a right of way required by the section to be maintained by a planning authority, a person shall not damage or obstruct the way or hinder or interfere with the exercise of the right of way. According to subsection (3), a person who contravenes subsection (2) shall be guilty of an offence. This creates an offence of blocking a right of way and refers to the local authority's obligation to maintain rights of way. It is an offence and I expect people will contact the Garda if an offence has been committed. Perhaps a planning authority can take action against an individual directly.

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