James O'Connor (Cork East, Fianna Fail)
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79. To ask the Minister for Housing, Planning, and Local Government if he will request all local authorities to register all public rights of way within their boundaries and to be cognisant of them when adjudicating over planning permission; and if he will make a statement on the matter. [33895/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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The decision to register a right of way is a matter for the relevant local authority, and the Property Registration Authority will facilitate this according to the relevant statutory provisions.

In relation to planning permission being granted on public rights of way, under Section 30 of the Planning and Development Act 2000 (as amended) (the 2000 Act), I as Minister am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

More generally, however, in making or varying a development plan or local area plan, local authorities must have regard to the National Planning Framework, the relevant Regional, Spatial and Economic Strategy and any relevant Section 28 Guidelines of the 2000 Act. Section 14 of the 2000 Act provides for the inclusion of specific public rights of way within the Development Plan.  Planning applications made to a local authority must be consistent with the relevant county development plan and local area plan.

It is noted that Section 14(7) of the 2000 Act states:-

"(a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.

(b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown."

Permeability within urban centres and encouragement of active travel modes is taken into consideration during assessment of all relevant planning applications.