Seanad debates

Thursday, 11 November 2021

Land and Conveyancing Law Reform Bill 2021: Committee Stage

 

10:30 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

I echo what the previous two speakers said about this particular section. They have my support. Following on from the example given by Senator Higgins, I am aware of a situation in Donegal where a right of way had long been established across a beach. People enjoyed that right for many years but a developer bought a farm and land which ran down to the sea. The developer subsequently built holiday homes and a hotel, and advertised them with exclusive and private rights onto the beach. It proved a controversial development, so much so that arguments and rows are still going on today. Following on from the contributions of Senators Higgins and Boylan, I am wondering what will happen in the future. In the particular instance I have mentioned, planning permission was given to the applicant along the lines I described. The planning authority did not seem to know that a long-established right of way was in existence, one which the public had enjoyed for many years. After this legislation is enacted, will all public rights of way be registered in a central area so that a planner in a local authority will have sight of a right of way before the planning authority will either grant or refuse planning permission for subsequent development? I would welcome the Minister's comments on that issue.

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