Local Government (Planning and Development) Act, 1963

Compulsory powers for creation of public rights of way.

48.—(1) Where it appears to the planning authority that there is need for a public right of way over any land, the planning authority may by order create a public right of way over the land.

(2) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land over which the order creates a public right of way and on any other person who in their opinion will be affected by the creation of the public right of way.

(3) Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.

(4) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(5) An order under this section (other than an order which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(6) Particulars of a right of way created under this section shall be entered in the register.