asked the Minister for Local Government whether legal power exists to ensure that Irish beaches may not be fenced in, or in any way reserved, for purely private use; and, if not, if he will take such legislative action as may be necessary to guarantee permanent public access to beaches and to prevent them becoming restricted areas or the scene of undesirable commercial development.
Ceisteanna—Questions. Oral Answers. - Access to Beaches.
14.
Planning authorities have wide powers under the Local Government (Planning and Development) Act, 1963, to provide or preserve rights of access. Such an authority may include as an objective in their development plan under the Act the preservation of any existing public right of way giving access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, whereupon the authority must take all steps necessary to secure the objective.
A planning authority may also enter into an agreement for the creation of a public right of way over land, or may create one by order subject to a right of appeal to the Minister, and payment of compensation where appropriate. Where a public right of way is created, or a provision relating to its preservation is included in a development plan, the way must be maintained by the planning authority and penalties are provided on conviction for obstruction. Development in seaside areas is subject to the controls provided in the Planning and Development Act in relation to development generally. I am satisfied that these provisions are quite adequate to enable seaside amenity and public access rights to be safeguarded.
It is, however, of vital importance that planning authorities for coastal areas should exercise the utmost vigilance and should fully utilise their statutory powers to preserve all necessary means of access to these beaches. I am bringing to the notice of the planning authorities concerned the nature and extent of powers and responsibilities which they should exercise in this regard.
Will the Minister not agree that while the powers in the Planning Act are laudable, they are not adequate to achieve the desired end, inasmuch as they will depend for their operation on the decisions of planning authorities throughout the country and, as we well know, planning authorities, like most other bodies in this country, are liable to take varying views on many matters and indeed are subject to all kinds——
This is a statement, not a question.
In view of that, will the Minister not consider that in this matter, which is important, the rights of the public would best be protected by Government action in the form of a national trust, or some organisation of that nature?
The other thing omitted from the statement I have made is that these different plans are in due course forwarded to the Minister for Local Government, who, if he does not agree with them, if he has reason to feel that they are inadequate in any respect, may refer them back and have them amended according to what he feels, in view of what has been brought to his notice, is required in this respect or in any other aspect of the Planning Act.
Supposing the matter is not brought to his notice? Supposing it is proposed to fence off a strand, as has happened, and the matter is not brought officially to the Minister's notice, what steps can he take?
Whether it is brought to the attention of the Minister or not, the development plan commitment as to access is only one part of the safeguard in the Planning Act. The other is that now, and for all time until the Act is repealed, there is the right to create new rights of way either by voluntary agreement or compulsory acquisition, and this right will continue regardless of what may or may not be included in the development plan. At any time in the future a right of way may be created compulsorily, if necessary.
Only by the local authority.
Yes.
Local authorities are not always responsive to the public interest to the extent that they exercise compulsion, particularly in regard to landowners.
If they are not, they are close enough to what is happening.
Too close behind, as we well know.
I do not agree.