Core Planning Reasoning
The development is not exempted development as the fencing encloses land that has been habitually used by the public for recreational purposes for a period of at least 10 years preceding the works, thereby triggering the restriction on exemption under Article 9(1)(a)(x) of the Planning and Development Regulations 2001.
Decision Maker's Conclusion
- The erection of the metal fencing constitutes 'works' and is therefore 'development' as defined in Section 3(1) of the Planning and Development Act 2000.
- Although the fencing satisfies the height conditions of Class 11, Part 1, Schedule 2 of the Regulations, it falls under the restriction set out in Article 9(1)(a)(x).
- Evidence, including aerial photography and site history, confirms the path has been habitually open to or used by the public for more than 10 years for recreational purposes, thus de-exempting the development.
Cited Policies (CDP)
Objective FSLO70Policy Objective GIB18Policy Objective GIB21
Decision Document Summary
This referral concerns the erection of metal fencing at two locations on Roches Hill (Mullins Hill), Killiney, which blocks public access to an established path. The site, owned by Killiney Golf Club, forms part of a larger area of hilly, rocky open space used by the public. While Dun Laoghaire Rathdown County Council originally declared the works to be exempted development, the referral by the Ballinclea Residents Association argues that the fencing obstructs a long-standing public right of way...SOURCE PDFOpen Original
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