Carrick-Blayney MD debate taking charge of lane

The cost of repairs to a private lane - earmarked to be made a public road - has sparked a standoff of sorts in the Carrickmacross-Castleblayney Municipal District (MD) with the council accused of “potential executive overreach into members’ functions”.

The district will reconvene on Tuesday, October 20, to discuss a one-item agenda: whether to make a lane in the townland of Gorteens, Donaghmoyne, a public road.

Opening the debate at the October MD meeting, Cathaoirleach Noel Keelan said that the matter had been in the public domain since September 2024 and commended MD co-ordinator Damien Thornton on his comprehensive report.

Cllr Keelan said that the legalities had been considered, due diligence carried out and public consultation completed, with no submissions received. The matter was on the agenda of the MD’s September 2026 meeting for final ratification.

“Making a private lane a public road is a reserved function of the elected members,” he said.

The chair revealed how the Chief Executive Robert Burns had “flagged concerns” and asked if the councillors would consider “pausing” the process.

“I told him we wouldn’t,” Cllr Keelan said.

The meeting was also furnished with a letter from Mr Burns, which recommended that the elected members ‘do not proceed to declare the road in question to be a public road’.

Mr Burns warned that, if the road was taken in charge, the council would assume legal responsibility for its maintenance, with upgrade works estimated at more than €200,000.

He also expressed concern about setting such a precedent and highlighted the need for a clear county-wide policy on adopting private roads.

Cllr Keelan then sought guidance from Tommy Moylan, Executive Director of the Association of Irish Local Government (AILG).

In correspondence seen by The Anglo-Celt, Mr Moylan pointed out that councillors still have the power to declare the Gorteens lane a public road despite the Chief Executive’s recommendation.

Mr Moylan advised that councillors must demonstrate they had considered the concerns outlined by the Chief Executive but are not obliged to agree with them.

The correspondence suggested referring the dispute to the Corporate Policy Group (CPG) before reaching a final decision.

Mr Moylan stressed that this was “not legal advice”.

When Cllr Keelan asked if he had reviewed the AILG correspondence, Director of Services Cathal Flynn replied: “Your email landed at ten-to-twelve last night.”

He agreed that, if members are divided on the matter, it could be referred to the CPG.

Sinn Féin’s Colm Carthy voiced his frustration: “This is one of the very few reserved functions we have left. Now we’re being told we no longer have this function and that it should go to the CPG for advice, based on an email we received one business day ago.”

Highlighting that Cllr Keelan had been pushing for the lane to be made public for the last few years, and the MD had agreed, Cllr Carthy said the decision should not be delayed pending a future policy.

Fine Gael’s Peter Conlon agreed. “Reserved functions need to be protected. This has come last minute. If a recommendation comes from the CPG, will it come back to us?” he asked.

Cllr Keelan asked for “clarity”; while Fianna Fáil’s P.J. O’Hanlon called for “calm”.

“How big a difference is it going to make if we wait four more weeks until the next meeting?”

He also expressed concern about the financial implications. “We basically get €2.2 million and we need €4 million (per annum for roads). If we tell people we are going to do something, we need to be able to do it ... It’s like booking a holiday to Lanzarote and not having the money to go!”

He noted that the total estimated cost of taking the road in charge, including construction works and land acquisition, as detailed in the co-ordinator’s report, was €301,215.

Fine Gael’s Aidan Campbell, who attended remotely, agreed that the matter should go to the CPG and said the costs involved were “excessive and worth bearing in mind”.

Sinn Féin’s Paul Gibbons added that Tommy Moylan had worked over the weekend to provide his views in time for the meeting after Cllr Keelan sought the AILG’s advice.

He said members hadn’t sufficient time to consider either piece of correspondence and suggested there was “potential executive overreach into members’ functions”.

Cllr Conlon suggested that the CPG route “might not be a bad way to go”, particularly as the advice from the Chief Executive and AILG appeared to differ.

Mr Thornton encouraged members to “consider all” the information before reaching a decision.

After further debate, Cllr Keelan agreed to allow more time to consider the new information. He agreed that a ‘taking-in-charge’ policy for estates and similar developments was needed.

The matter was deferred until Tuesday, October 20, a week ahead of the MD’s next statutory monthly meeting, allowing the CPG an opportunity to provide its views on the issue before a final vote is taken.