Fifteen estates to be taken in charge

The contentious issue of rights of way in housing estates is set to be clarified before Cavan County Council moves to formally take in charge any more estates.

There is “ambiguity” in relation to ownership of land, a recent Municipal District meeting of Bailieborough Cootehill elected members heard.

According to a Chief Executive’s report, handed out at the meeting, there are 238 housing estates in the county excluding those constructed by Cavan County Council. To date, 75 have been formally taken in charge by the local authority.

Forty-six estates have applied for taking in charge and they are currently being processed; while fifteen of the estates have received remedial works and are now considered suitable for taking in charge, the report detailed.

Advertised locally, submissions or comments to the proposed declaration were invited over the six-week consultation period, however none were received.

It was recommended that the members take in charge the estates of Beckscourt Manor and Lakeside View in Bailieborough, Bramblewood, An Tor Aonarach and Fana Rua in Kingscourt and St Michael’s Close in Cootehill.

Areas within the estate to be declared a public road pursuant to the procedures set out by section 11 of the Roads Act 1993 are highlighted on the report; while areas to be taken in charge, and creation of a public right of way under section 180 and 207 of the Planning and Development Act 2000 are also highlighted.

Meanwhile, there are three estates in the Cavan Belturbet MD and six in the Ballyjamesduff MD to be taken in charge.

Looking at other county councils, it was deemed good practice to use Section 207 the Planning and Development Act 2000 to declare right of way in housing estates, something Senior Executive Engineer Pat Gaynor said would leave “no ambiguity”.

However, Cllr Clifford Kelly (FF) said there is a “danger in that” whereby it’s “not right” that the council can proceed through a greenway. He added later that he “couldn’t justify” voting on the section.

Cllr Niall Smith (FF) asked, what was meant by the right of way, to which Mr Gaynor replied that the “council will own it”.

“I won’t be voting for it,” Cllr Kelly stated, adding that he has “difficulty with” Section 207.

Mr Gaynor responded it was “really only a formal way of doing what we have been doing”.

Cllr Val Smith (FF) asked who owns the greenway in an estate, where Mr Gaynor responded “that’s the ambiguity”.

“People can come out of the woodwork and say it’s theirs.”

Cllr Carmel Brady (FG) said that the right of way over a green area was a “very contentious area” .

“The whole thing of right of way, it always causes problems in a housing estate.”

It was concluded that the issue would be pushed back to the next meeting to give opportunity to study the issue further in the meantime.

In relation to St Michael’s Close in Cootehill, Cllr Stiofán Conaty urged that street lighting be improved once the estate is taken in charge.

Retirement

At the end of the debate, Mr Gaynor announced he would retire at the end of the month and said “it’s been a pleasure” to work with the council.

Cllr Carmel Brady thanked him for his “courtesy and kindness”; while Clifford Kelly praised his work ethic saying “I have no doubt you’ll not fully retire”.

“I found you one percent and honest,” Cllr Val Smith stated, as Cllr Conaty congratulated his neighbour in his career. Cllr Rogers wished him the best of luck in his future, as did Cllr Niall Smith.

Director of Services Paddy Connaughton thanked him on behalf of the executive and praised his “great level of expertise”.