Steven Matthews (Wicklow, Green Party) | Oireachtas source

I wish to speak to amendment No. 31. I welcome this amendment by the Minister. It arose through discussions on Committee Stage and various other Stages of the Bill, where we set down a definition of "transport infrastructure". To avoid any doubt, because transport infrastructure is also mentioned in Schedule 1, paragraph 2, "Transport Infrastructure", which relates to very large transport infrastructure, like ports, big rail lines, etc., we also introduced the words "transport infrastructure" into section 47. For the avoidance of doubt, this is why we discussed this amendment, to say that transport infrastructure, in relation to section 47, is now defined, including not only public transport but also infrastructure for cyclists and pedestrians. That is an important definition to have brought in, and I welcome the Minister's inclusion of that amendment in the Seanad.

I want to speak to another amendment in this grouping, amendment No. 42, relating to ministerial guidelines. Ministerial guidelines can be very helpful in assisting with national planning statements, other planning matters or other planning policy. I want to ask the Minister about ministerial guidelines on county development plans and their compilation, particularly as regards the listing of public rights of way.

The existing Act states that a local authority shall list public rights of way. In this Bill, however, under the section which concerns development plan statements, it states that a local authority “may” list public rights of way. Public rights of way, as everyone will know, are a complex area of land use, planning law, constitutional challenges, etc. Currently, public rights of way are listed in development plans throughout the country. The listing of a public right of way in a development plan can be taken as evidence of the existence of that public right of way. My understanding is that the other evidence which can be relied on for the existence of a public right of way is if it is listed with Tailte Éireann. That, however, requires the landowner to request the listing with Tailte Éireann. We cannot rely on that because a landowner may chose not to do that. The county development plan is a democratic process on which councillors vote. They can also submit their observations or suggestions on public rights of way. This is an important issue on which I will appreciate a response from the Minister.

The current development plans in existence, which have been democratically passed, list public rights of way. I suggest that any public right of way currently listed in a development plan shall be brought forward to the next iteration of that development plan, whenever that may be. As regards contentious public rights of way, I am not exactly sure a county development plan is the place to try to deal with them. That may be for the courts to decide. If a contentious right of way is listed in a development plan, the development plan itself could be challenged. That is something we wish to avoid. This planning Act is trying to bring clarity and provide clear information on how we compile our county development plans and our planning system in general. I would appreciate a response from the Minister on the suggestion that any right of way currently in a development plan shall be carried forward into the next development plan and whether that is something that might be incorporated into ministerial guidelines on county development plans into the future.

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