Right of way

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Right of way

Post by SPDD » 31 Jan 2019, 18:32

EXTREME disappointment has been expressed by a community group in Donabate after An Bord Pleanála granted planning permission for houses in a move that will extinguish a right of way.

Supporting Proper Development in Donabate (SPDD) had objected to six additional houses being added to planned housing development near Somerton in the village.

SPDD objected on the basis that granting permission for the additional houses would effectively eradicate the right of way.
The right of way was used by primary school and secondary school children, but it has been closed for more than a year now, which the developer claims is necessary for health and safety reasons.

A peaceful protest was held at the closed off entrance to the right of way last September by parents of school children upset at the loss of the safe pathway.

The right of way took children accessing primary and secondary schools away from a narrow footpath on the edge of a road which is congested with regular movements of 12-wheel trucks.

The pathway was used by primary school and secondary school children.
Aljaco Ltd, which is owned by the developer of Somerton and Carr’s Mill, had been turned down by Fingal County Council for permission to build six houses at the Paddocks, near Somerton.

But the company, owned by Greg Gallagher, has now had its application largely accepted by An Bord Pleanála.

The planning board gave permission for four houses, and appears to have dismissed SPDD arguments that the placing of the house on the right of way would lead to its loss.

In a letter to SPDD, An Bord Pleanála states: “..The proposed development would not seriously injure the amenities of the area, or of property in the vicinity, or give rise to traffic hazard. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.”

The developer claimed there is no established right of way as the pathway is not lit at night, the lands are in private ownership and the landowner (Gallagher) has not had any wayleaves or registered right of way served under any development plan under the Planning and Development Act.

The developer claimed he does not intend to eradicate the existing links and connections, but is merely planning to divert the pathways.
Supporting Proper Development in Donabate (SPDD) is adamant that the right of way exists.

However, it said it is upset that Fingal County Council failed to document the existence of the right of way, something which would have protected it.

A spokesperson said developers should not be allowed to interfere materially in how residents go about their business, especially when the issue involves the safety of school children.
SPDD recognises the need for housing and wishes for development in Donabate to be carried out in a sustainable way that enhances and reflects the needs of a growing community. @SPDD17

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Re: Right of way

Post by pat mustard » 31 Jan 2019, 18:52

we're back to the crap of the Celtic Tiger again, how well we learned our lessons of past disasters.

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