Wicklow council votes to exclude rights of way from plan

Wicklow County Council has voted not to include almost 50 walks and rights of way in its County Development Plan pending the setting up of a sub-committee which is to report next summer.

The council de-listed the routes from a draft plan yesterday after listening to a submission from the Irish Farmers' Association county chairman, Mr Paddy Healy.

Mr Healy said the council had failed to consult farmers over the listing of the routes in the plan, and added that many farmers still did not know their land was affected. There were, he said, a number of issues such as insurance liability, privacy, sheep safety which had not been addressed.

A replying submission from Mr Roger Garland, of the walkers' association Keep Ireland Open, was ruled out of order by the council chairman Mr John Byrne (Lab).

The decision means no rights of way will be included in the Wicklow County Development Plan 2005-2010 when it takes effect next January.

Instead, councillors decided that the sub-committee should be set up next September and report to it by June of next year.

Rights of way and traditional walks which had been listed for inclusion in the plan included the Bray to Greystones cliff walk, as well as "mass paths" and access routes around the Big and Little Sugarloaf; Lough Dan; Lugnaquilla; Sorrel Hill; Kilmolin and Bray Head.

In all there were 14 rights of way and 33 access routes listed for inclusion.

Calling for the council to suspend standing orders to hear a submission from Keep Ireland Open in response to the IFA, Ms Deirdre de Burca of the Green Party said she wished to avoid a one-sided argument.

Ms de Burca maintained all county councils were required, under the Planning and Development Act, to include a note of the rights of way in their development plans.

She warned that in leaving out the rights of way in Wicklow, the members would be in breach of their statutory duty.

However, Mr Facthna Whittle (FF) said a right of way was "an easement" across somebody's land. He said he was "not prepared to allow an easement over any farmer's land" in the circumstances.

Mr James O'Shaughnessy (Lab) said the council "should have never drawn lines on maps - it should be by negotiation".

Cllr Andrew Doyle (FG) said a definition of what sort of right of way, whether for vehicles, walkers or animals, should have been included.

Cllr Christopher Fox (Ind) said "key words were unresolved. The council can't railroad the land-owners. I propose this has to be removed".

Proposing that a sub-committee be set up in September, Cllr George Jones (FG) said the council had been negligent in its duty in drafting the 1999 plan because it had not included the rights of way, and no councillor had raised the validity of the plan because of it.

Cllr Jones said it was "very important to Wicklow that the rights of way be established properly because we are on the doorstep of the capital city". He proposed the committee report next summer.

The Irish Cattle and Sheep Farmers' Association said it welcomed the tourism brought about by hill-walking, which it estimated was worth €160 million annually.

But the association said the current conflict was caused by the "arrogance" of some hill-walkers, and it called on all parties to respect the constitutional rights of property owners who, it argued, should allow farmers "the last word" in consultations.