Written answers
Tuesday, 22 September 2015
Department of Environment, Community and Local Government
Rights of Way Provision
Michael Healy-Rae (Kerry South, Independent)
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1397. To ask the Minister for Environment, Community and Local Government his views on a matter (details supplied) regarding changes to rights of way, public access, and so on, by local authorities; and if he will make a statement on the matter. [30588/15]
Alan Kelly (Tipperary North, Labour)
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Section 14 of the Planning and Development Act 2000 provides for a process for the inclusion by a planning authority of a provision, in its development plan, relating to the preservation of specific public rights of way. Where such a proposal is being contemplated by the relevant planning authority, the section obliges that authority to serve notice (including particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists. The process provides for the referral to the Circuit Court, by the landowner affected, of a proposal to include a right of way and where the court is satisfied that no right of way exists, the planning authority may not include it in its development plan.
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