Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Planning and Development Bill 2023 (the Bill) has a number of provisions relating to public rights of way.

Section 51(2) of the administrative reprint version of the Bill as amended at Seanad Committee Stage provides that a development management statement may include objectives for a range of matters including “preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank, monument or other place of natural beauty or recreational utility;”.

Section 51(4) provides that nothing in section 51 shall “affect the existence or validity of any public right of way" and section 51(5) provides that “An objective included in a development plan under this section shall not be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993.”.

Section 60 of the Bill further goes on to set out the procedure for including a provision in a development plan relating to the preservation of a specific public right of way which include providing notice with a map of the right of way. Section 60(11) provides that nothing in section 60 “shall affect the existence or validity of any public right of way which is not included in a development plan.”.

It is important to note that the creation of public rights of way, either by agreement or compulsorily, are matters already provided for under sections 264 and 265 of the Bill. Section 266 further provides for a right of way to be maintained by the planning authority.

I am satisfied that there are adequate provisions in the Bill to provide for the creation, preservation and maintenance of rights of way.