Dáil Éireann Debate, Wednesday - 10 April 2024
55. Deputy Brendan Griffin asked the Minister for Transport if permission is required from a local authority to close a public right of way linking two public roads; and if he will make a statement on the matter. [15661/24]
View answerA public road is a public right of way and each local authority is the statutory road authority responsible for public roads within its administrative area. The following provisions referencing public rights of way are included in the Roads Act 1993, as amended:
Section 11 sets out procedures whereby road authorities can declare a road, over which a public right of way exists, a public road and the road authority then becomes responsible for its maintenance;
Section 12 sets out the procedures to be followed where a road authority proposes to abandon a public road. The Section specifies that the abandonment of a public road shall not affect any public right of way over such a road and that a road authority shall not do anything to interfere with such right of way save as is provided for in law.
Section 73 sets out procedures to be followed where a local authority proposes to extinguish a public right of way (for the purposes of the Section "a local authority" means a road authority when the right of way in question is over a public road and otherwise a planning authority). Where a public right of way is extinguished by a road authority it will no longer be responsible for the maintenance of the road.
Subsection 73(11) states that it shall be a function of a local authority to protect the right of the public to use public rights of way in its administrative area.
