Question: Councillor M. Baker
To ask the Manager to explain the criteria for taking in charge of a laneway?
It has been Council policy generally not to consider laneways for taking in charge. However, in certain circumstances they may be considered for taking in charge as is the case currently with the laneways in Dun Laoghaire Town Centre and in Stillorgan. The formal procedure being used in this case is Section 11 (1), (2) and (3) of the Roads Act, 1993 (Declaration of Public Roads) which reads as follows:
- (a) A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.
- (b) Where a road authority proposes to declare a road to be a public road it shall—
- (i) satisfy itself that the road is of general public utility,
- (ii) consider the financial implications for the authority of the proposed declaration,
- (iii) publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),
- (iv) consider any objections or representations made to it under paragraph (iii) and not withdrawn.
- The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.
- The Minister may prescribe criteria for the declaration of roads to be
public roads and a road authority shall comply with any such prescribed
criteria when exercising its functions under this section.
Having regard to the foregoing, the primary issue in considering an area (laneway)
for taking in charge is the possible costs involved in bringing it up to the standard
required initially and maintaining it thereafter.