Peaceful protest - Right of way at Someton

[SPDD]

A peaceful protest is being organised near the closed right of way at Someton next Tuesday at 8am.
It comes after disappointment was expressed that a developer has appealed after being refused permission to build houses near an important right of way used by children in Donabate.

The right of way has been closed now exactly one year, which the developer claims is necessary for health and safety reasons. Supporting Proper Development in Donabate (SPDD) is organising the peaceful protect to mark the one-year closure of the pathway. It insists the right of way should not be removed.

The pathway was used by the primary school and secondary school children. Aljaco Ltd, which is owned by the developer of Somerton and Carr’s Mill, had applied for permission for six houses at the Paddocks, near Somerton. But the company, owned by Greg Gallagher, had its application turned down by Fingal County Council.

One of the three reasons Fingal County Council turned down the application was because the proposed development would contravene materially a condition attached to an existing permission at the site which requires the preservation of the existing pedestrian footpath.

Supporting Proper Development in Donabate (SPDD) had objected to the application to build six houses near the right of way between Donabate Community Centre and the Portrane Road. This was because SPDD does not want the right of way removed.

Now the developer has appealed this refusal to An Board Pleanála. The pathway was used extensively by children going and coming from the three primary schools and the community college. In his appeal to An Bord Pleanála, the developer claims there is no established right of way as the pathway is not lit at night, the lands are in private ownership and the landowner (Gallagher) has not had any wayleaves or registered right of way served under any development plan under the Planning and Development Act.

The developer claims he does not intend to eradicate the existing links and connections, but is merely planning to divert the pathways. Supporting Proper Development in Donabate (SPDD) is adamant that the right of way exists, and should be re-instated in the position that it was in before any works were carried out on the site.

A spokesperson said developers should not be allowed to interfere materially in how residents go about their business, especially when the issue involves the safety of school children.

SPDD commended Fingal Country Council’s refusal of the plan for six houses on the basis that to give permission would have materially impacted on the existing right of way.