Planning and Development Act 2024

• Permanent Page URL

Creation of public rights of way compulsorily

269. (1) If it appears to a 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.

(2) (a) Where a planning authority proposes to make an order under this section (in this section referred to as a “proposed order”), it shall—

(i) serve a notice (which shall include particulars of the proposed order) of its intention to do so on the owner and the occupier of the land over which the public right of way is proposed to be created and on any other person who in its opinion will be affected by the creation of the public right of way, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the public right of way to be created.

(3) A notice under subsection (2) shall state that—

(a) the planning authority proposes to make an order creating the public right of way, and

(b) submissions regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks from the date of the notice, and that the submissions will be taken into consideration by the planning authority.

(4) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (b) of subsection (3), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(5) The planning authority shall consider the proposal and the report referred to in subsection (4) and may by resolution make the order, with or without modifications, or refuse to make the order and where the order is made shall notify the persons served with a notice under subparagraph (i) of paragraph (a) of subsection (2) accordingly.

(6) Any person who has been notified of the making of an order under subsection (5) may, within 4 weeks of being notified under that subsection, appeal to the Commission against the order.

(7) Where an appeal is brought under subsection (6) against an order, the Commission may confirm the order with or without modifications or annul the order.

(8) An order under this section shall take effect—

(a) where no appeal against it is brought, on the expiry of the period for bringing an appeal, or

(b) where an appeal is brought against it, either when the appeal has been withdrawn or when the order is confirmed on appeal.

(9) Particulars of a right of way created under this section shall be entered in the register.

(10) A public right of way created under an enactment repealed by this Act or by the Act of 2000 that was in force immediately before the commencement of this section shall be deemed to have been created under this section.

(11) The exercise by the planning authority of any powers under this section or section 270 shall be without prejudice to the entitlement of any person (including the planning authority) to assert in any other proceedings (including in a claim for compensation under section 444 ) that the land over which the public right of way is created under this section was already the subject of a public right of way other than under this section.