Written answers

Thursday, 14 May 2015

Department of Transport, Tourism and Sport

Compulsory Purchase Orders

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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226. To ask the Minister for Transport, Tourism and Sport if the current compulsory purchase order legislation allows for the compulsory acquisition of farmland for the provision of cycleways; and if he will make a statement on the matter. [18921/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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While the Deputy does not specify any particular greenway development I would like to take the proposed Dublin to Galway Greenway for which CPO may be required as an example.  I understand that in the planning for this Greenway both the National Roads Authority and Westmeath County Council received similar legal advice that the appropriate legislation to compulsory purchase land required for the purpose of the delivering the greenway is section 213 of the Planning and Development Act, 2000.  This  section makes no reference to cycleways or greenways but does to the Local Authority having the power "for the purposes of performing any of its functions".

The Deputy will appreciate that it is essential for Government to have the ability to protect the potentially significant expenditure that can be incurred for the provision of greenways along with the protection of the rights of cyclists and pedestrians to have permanent access to such amenities for generations to come.

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