asked the Minister for Local Government if he is prepared to introduce amending legislation to ensure free access for all citizens to the beaches and foreshores of the nation.
Ceisteanna—Questions. Oral Answers. - Free Access to Beaches.
15.
I do not consider that amending legislation to deal with this matter is necessary. Planning authorities have very wide powers under the Local Government (Planning and Development) Act, 1963, to preserve or provide rights of access to beaches, foreshores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational utility. Many of the authorities have included objectives in their development plans for the preservation of such rights of access. Where established public rights of access do not exist, planning authorities have power to create public rights of way, either by agreement or compulsorily. Where such rights of way are created or where a provision for the preservation of a public right-of-way is included in a development plan, the way must be maintained by the planning authority and penalties are provided on conviction for any obstruction or interference with the right-of-way. Development in coastal areas is, of course, subject to planning control in the normal way. An additional safeguard as regards preservation of established rights of access has been provided in the revised Exempted Development Regulations, 1967. These contained a provision removing from the scope of the exemptions from planning control any development which would consist of the fencing or enclosure of any land habitually open to or used by the public during the preceding ten years for recreational purposes or as means of access to any seashore or other place of natural beauty or recreational utility. This restriction means that such fencing or enclosure cannot legally be undertaken without planning permission.
I am satisfied that the relevant provisions of the 1963 Act are adequate to enable planning authorities to safeguard public rights of access. I consider, however, that it is of vital importance that planning authorities for coastal areas should exercise the utmost vigilance and should fully utilise their statutory powers to preserve rights of access to beaches and seashore and some time ago my Department issued a circular letter to the authorities about the nature and extent of the powers and responsibilities which they should exercise in this regard.
In view of the fact that the Minister is aware of the strong public disquiet about the continuous erosion of public rights could we have an assurance from him now that there will be very special surveillance by his Department of these rights?
Surveillance is a matter for the local authorities. They have been circularised to ensure they will exercise the utmost vigilance in this regard. This is obviously a matter which will have to be dealt with by the responsible local authorities and not by the Department directly.
Has the Minister any information as to the extent to which they have exercised vigilance in securing these rights-of-way?
That is a separate question.
Could there be some special surveillance by the Minister's Department so that he could give the House some further information?
I will draw the attention of the planning authorities again to their responsibilities and to their powers in this matter. I will make inquiries to see what action has been taken generally in this regard.