Preserving Rights of Way
Planning authorities may include the preservation of rights of way as an objective in their devlopment plan. Notice of the objective when first included is served on owners and occupiers. The the owner or occupier may appeal to the Circuit court. The court make a declaration as to whether a right-of-way exists. The presence of the right-of-way in the development plan is deemed evidence that a right-of-way exists.
The planning authority may enter an agreement with any person having power to grant a right-of-way for the dedication of the land concerned as a right-of-way for the public. The planning authority is obliged to take appropriate steps to secure the right-of-way and include it in the planning register.
The planning authority has power to acquire rights of way where there is a need for public right-of-way over land. Notices with maps are served on the owner or occupier and other persons who may be affected by its creation. It is advertised in newspapers.
The notice of advertisement invite comments and submissions.The planning authority having considered submissions and observations, may by resolution of the elected members make an order to create the right-of-way. Persons affected may appeal to An Bord Pleanala.
Planning authorities are obliged to maintain a right-of-way created or deemed created under the legislation which are identified for preservation in the development plan. It is an offence to damage a public right-of-way or to hinder or interfere with it. It is subject to a fine of up to €1, 905 on summary conviction.
A planning authority has power to extinguish a public right-of-way. It must publish notice in a newspaper requesting observations and representations. Persons affected may request that their objectionsare are subject to an oral hearing. A report is made by a person conducting the oral hearing. Notices are to be permanently published at each end of the public right-of-way. The authority is to consider objections representations. If applicable, the extinguishment is confirmed by decision of the elected members. Where a national road is involved consultation is required with the National roads authority.
Other powers to extinguish a right-of-way exist under local government and roads legislation. This power is exercised when roads are rebuilt and reconfigured.
Adopting a Road
A road may be declared a public road. A right-of-way must exist for the benefit of the public. The local authority must consider the public utility in adopting and declaring the road in charge. It must consider the financial implications of so doing.
The authority publishes notice of the proposal in a newspaper giving certain details. The maps must be made available for inspection and representations may be made. The declaration is made by resolution of the elected members.
Where planning permission is for the development of two or more houses and the roads sewers and water mains have completed or more seven years has elapsed since that end of the planning permission life without commencement of enforcement proceedings then the developer or majority of the owners and occupiers may request the planning authority to adopt the road.
The planning authority may hold a vote to ascertain the wishes of the owners. It is obliged to comply with the request and take in charge roads open spaces car park sewers, water mains and drains.
Roads authorities may provide or remove traffic calming measures. These are measure seeking to control the speed of movement or restrict or control access of the public of vehicles, or measures facilitating safe use of the public road by different classes of persons. This may include the provision of traffic signs, road markings, posts chicanes rumble areas services ramps speed controls, islands central reservations, roundabouts and modifed junctions.
Notice must be given to the public and representations must take be taken into account.
A roads athority may construct and maintain drains in under or through roads for the purpose of draining water or preventing it going on to public road.Where as a result of flooding or other emergency, there is an immediate obstacle or danger to road users the roads authority may may enter land and do works as it considers necessary. Notice must be given on the owner or occupier specifying certain matters.
The owner or occupiers of land adjacent to the public roadway must take reasonable steps to ensure that water is not prevented or obstructed from draining from a public road onto his or her land. Water soil and material must be prevented from flowing or falling onto a public road. Scaring deepening and widening an existing drain or excavating a drain, interference with a bridge culvery or other structure providing lateral or other support for a public road within 15 m of the nearest edge of the road is prohibited without the consent of the local authority.
Where an activity may endanger a road, the roads authority may serve notice on a person requiring that the activity ceases. It may enter and repair damage caused and recover the costs from the owner or occupier concerned.
The roads authority may by a notice in writing on the owner or occupier of land adjoining public road require measures to be taken. There is a right of appeal to the District Court. The District Court may annul confirm or vary the order.
An owner or occupier of land who incurs damage by reason of the roads authority constructing, maintaining or using the land for temporary storage of materials may recover compensation for damage. Only additional damage resulting from the exercise by the roads authorities of their functions may be recovered. The matter of compensation may be referred to a land arbitrator in the absence of agreement.
Authorised officers of the roads authority may enter land at reasonable times to inspect it in connection with their functions in relation to constructing and maintaining roads. If the authorised person is refused entry the relevant body may apply to the District Court for a warrant permitting entry. Compensation is payable for any loss incurred or damage done while on the property.