Planning and Development Act 2024
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Public rights of way | ||
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60. (1) Where a planning authority proposes to include a provision in a development plan relating to the preservation of a specific public right of way, it shall, prior to the publication of notice of the preparation of the draft development plan under section 55 or notice of the proposed variation of the development plan under section 58 , serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists. | ||
(2) A notice served under subsection (1) shall state— | ||
(a) that a copy of the proposal may be inspected at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified, | ||
(b) that written submissions with respect to the proposal made to the planning authority within the period specified under paragraph (a) will be taken into consideration by the planning authority, and | ||
(c) that where, following consideration of any submissions received under this section, the planning authority considers that the provision should be included in the development plan, or included subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision. | ||
(3) The members of a planning authority, having considered the proposal and any submissions made in respect of it, may by resolution recommend— | ||
(a) the inclusion of the proposed provision in the development plan, with or without modifications, or | ||
(b) against such inclusion. | ||
(4) Any person on whom notice has been served under subsection (1) shall be served with a copy of the recommendation made under subsection (3) accordingly and a copy of such notice shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority. | ||
(5) Any person who has been served with a copy of the recommendation of the planning authority under subsection (4) may, before the expiry of the period of 21 days beginning on the date of service, appeal to the Circuit Court, on notice to the planning authority, against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall, subject to subsection (7), accordingly not be included in the development plan. | ||
(6) Where no appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may include the proposed provision in the development plan. | ||
(7) Where an appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may, notwithstanding the appeal, include the proposed provision in the development plan or variation made under this Chapter subject to the following: | ||
(a) the provision shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies; | ||
(b) the provision shall be accompanied by a statement in the development plan to the effect that the provision is the subject of a pending appeal under subsection (5) and shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies. | ||
(8) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way exists, the proposed provision— | ||
(a) if included in a development plan under subsection (7), shall come into effect immediately, and | ||
(b) if not included in a development plan, may in the future be included in a development plan without the necessity to comply with this section. | ||
(9) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way does not exist and the proposed provision has been included in a development plan under subsection (7)— | ||
(a) the provision shall immediately be deemed not to be included in the development plan, and | ||
(b) the planning authority shall, as soon as practicable thereafter, remove the provision from the published development plan. | ||
(10) Any provision relating to the preservation of a public right of way contained in a development plan continued in force under section 68 may be included in a subsequent development plan made under this Act without the necessity to comply with this section. | ||
(11) Nothing in this section shall affect the existence or validity of any public right of way which is not included in a development plan. | ||
(12) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown. |