Dáil Éireann Debate, Tuesday - 29 November 2022
296. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if planned reforms to planning laws will include measures to protect access to the countryside and to reform the law governing permissive routes and rights of way to protect public use of land for walkers. [59525/22]
View answerSections 206 and 207 of the Planning and Development Act 2000, as amended (the Act) provide for the creation of rights of way by planning authorities where it appears that there is need for a public right of way over any land. The laws regarding public use of land for walkers does not fall under the Act and therefore does not fall under the scope of the Review of Planning Legislation currently being undertaken by the Attorney General's Office.
In addition, local authorities have the power to declare public roads under the Roads Act 1993, as amended, and once a public road is declared, a public right of way is created and it is the responsibility of the local authority to maintain the public road and the public right of way. This is a matter which falls under the responsibility of my colleague the Minister for Transport.
The creation of public rights of way by local authorities is a reserved function of the elected members under Schedule 14A of the Local Government Act 2001, as amended, and is a matter for which I, as Minister with responsibility for Planning, have no statutory function.
The laws regarding access to property are a separate matter and it is understood from my colleague the Minister for Justice, that whilst the Occupiers Liability Act 1995, and the proposed amendments to this Act, deal with the duty of care shared by visitors, recreational users and trespassers with private property owners while visitors, recreational users and trespassers are on private property, this Act does not make provisions for ensuring public access to recreational lands that are held in private ownership or protecting public use of land for walkers.
Additionally, legislation regarding private rights of way is the also responsibility of the Minister for Justice through the Conveyancing Law Reform Act 2021. Private rights of way, also known as prescriptive rights of way, serve the property of a private owner, rather than belong to members of the public generally.
