Rights of Way

It is a matter for the relevant planning authority to consider where there is a need for a public right of way.In this connection, the relevant planning authority may enter into discussions with the relevant landowners under section 206 of the Planning and Development Act 2000, as amended (the Act) in order to achieve the creation of a public right of way by agreement. If an agreement cannot be reached and where 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 accordance with section 207 of the Act. The planning authority must follow the process prescribed under section 207 of the Act.The process under section 207 of the Act is a reserved function of the elected members of the relevant planning authority and a process in which I, in my role as Minister have no function.

Where a planning authority proposes to make an order under section 207 of the Act, it shall 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 cause notice of the proposed order to be published in one or more newspapers circulating in its functional area.A notice under section 207(2) of the Act shall state that the planning authority proposes to make an order creating the public right of way, and submissions or observations regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority.Section 207(4) of the Act provides that 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 under subsection (2) shall be notified accordingly.

The decision to create a compulsory right of way by a planning authority may be appealed to An Bord Pleanála in accordance with section 207(5) of the Act within four weeks of being notified of an order under section 207(4) of the Act. It is then a matter for An Bord Pleanála to consider any appeal.

Following the decision of An Board Pleanála regarding an appeal on a Right of Way under section 207 of the Act, a person may make an application for leave to apply for Judicial Review in accordance with sections 50 and 50A of the Act.

Under section 30 of the Planning and Development Act 2000, as amended (the Act), I, in my role as the Minister with responsibility for planning shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.