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Rights of Way

Dáil Éireann Debate, Tuesday - 5 April 2022

Tuesday, 5 April 2022

Ceisteanna (389)

Richard Boyd Barrett

Ceist:

389. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the way a local authority can create a new public right of way; if there are any constraints on local authorities to do this; and if he will make a statement on the matter. [18267/22]

Amharc ar fhreagra

Freagraí scríofa

The provisions relating to the creation of a new public right of way by a local authority are set out in sections 206 and 207 of the Planning and Development Act 2000, as amended.

Section 206 (creation of public right of way pursuant to agreement (PROW)) provides enabling power to a planning authority to enter into an agreement with any person having the necessary power in that behalf for the creation of a public right of way. Such agreement shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if agreed, provide for limitations or conditions affecting the PROW. Particulars of any such agreement are required to be entered in the planning register of the concerned planning authority.

Section 207 (compulsory powers for creation of public right of way) provides that if it appears to the planning authority that there is need for a public right of way over any land, the planning authority may, by resolution, make an order creating a public right of way over the land. In such case, the planning authority is required to serve notice in this regard on the owner and occupier of the land and publish the notice in one or more newspapers circulating in its functional area. Members of the public can make submissions or observations on the proposal which shall be considered. The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, make the order, with or without modifications, or refuse to make the order and any person on whom notice has been served shall be notified accordingly.

Any person who has been notified of the making of an order under section 207 may appeal to the Board against the order within 4 weeks of being so notified. The Board may confirm the order with or without modifications or annul the order. Particulars of a public right of way created under the section 207 procedure are also required to be entered on the local planning register.

The making of, or refusing to make, an order creating a public right of way over any land is a reserved function of local authorities as provided by Local Government Act 2001, as amended, and is not one in which I have any statutory function in my role as Minister for Housing, Local Government and Heritage.

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