asked the Minister for Fisheries and Forestry if permission will be granted for entrances to the new road, along the shore, at Killybegs, County Donegal.
Ceisteanna—Questions. Oral Answers. - County Donegal Road.
13.
While the construction of the road along the shore at Killybegs is a matter for the Donegal County Council, the site of the road lies for the most part within the Fishery Harbour Centre which is under my control. The granting of permission for the provision of entrances to the road to adjoining property owners would require the approval of the Minister and council and each application would need to be considered on its merits. I understand that, whereas the granting of pedestrain access would be in order, the provision of openings for vehicular traffic might create problems.
The Minister is aware that his Department provided the money for this road. Would he have any objection to a person applying for entrance to the road who had access to the sea before the road was built?
Property owners would need to establish by documentary evidence their title to access. I am informed that Donegal County Council have refused planning permission in some cases for certain reasons to do with access. There would be a certain amount of difficulty in providing for the access of vehicular traffic to this road because it might cause congestion in an area which has been laid out specifically for berthage piers and a boatyard.
Is the Minister satisfied that the council have the right to refuse access to anybody who enjoyed access to the sea before the road was built?
The legal aspects would have to be examined.
Would the Minister explain what right the council have to prevent any citizen having access to a public road?
The information I have here relates to planning applications made to Donegal County Council. Any county council would have the right to question access to a road.
I am calling Question No. 14.
What right have any local authority to prevent people going on to a public highway?
In dealing with any planning application a local authority may lay down instructions as to the manner of access to a road. I am not referring to pedestrian access but to vehicular access.
Have they power to do so?
The Deputy is more acquainted than I am with Donegal County Council. I believe they have such power.
Question No. 14.
What is that power?
I am speaking only from my own experience; it is a matter entirely outside my aegis. I believe that in granting planning permission county councils have the right to allow or to refuse access at certain points. There is such provision in the Planning Act.