asked the Minister for Local Government if he is aware that the beach adjacent to Zetland pier between Glengarriff and Castletownbere, County Cork has been closed to the public by the erection of a barbed wire barricade which effectively blocks the passage of holidaymakers and others; and if in the present state of the law any steps can be taken to prevent such occurrences.
Ceisteanna—Questions. Oral Answers. - Access to County Cork Beach.
37.
Mr. Barrett
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. The erection of fencing in association with the development of land may also be controlled. I have recently brought these powers and responsibilities to the notice of all planning authorities and have asked them to examine the extent to which they require to be used in their areas.
In this particular case I am having inquiries made and I shall communicate further with the Deputy when the position has been clarified.