The Department of the Marine has illegally blocked off access to Claremont Beach from the little road between the Scouts’ Quarterdeck and Ivan’s restaurant. I have been pushing for planning enforcement. You might be able to help.
I raised it at the Area Cttee. on 18th December 2008. The Minutes read as follows:
>>>>
BLOCKING OF ACCESS TO CLAREMONT BEACH
It was proposed by Councillor D Healy, seconded by Councillor R Kelly:
"That the Manager report on planning enforcement action in relation to the blocking of the access to Claremont Beach from the West Pier."
The following report by the Manager was READ:
“The Planning Inspector has reported that a gate has been erected between Claremont Beach and the West Pier. The erection of this gate would normally be considered as exempted development. However, Article 9 of the Planning and Development Regulations 2001 sets out restrictions on exempted development and provides that development is not exempt if it obstructs a public right-of-way.
The Harbourmaster has been written to and request to confirm whether a public right-of-way existed at the location and a response has been requested before Friday 19th December, 2008.”
Following discussion the report was NOTED.
<<<<
I also pointed out that the exemption also does not apply to any fencing of an area habitually used by the public, which is this case at this location.
I didn’t hear anything back so I raised it again in March. The minutes read:
>>>
19th March 2009
MHB/081/09 WEST PIER TO CLAREMONT BEACH
It was proposed by Councillor D Healy, seconded by Councillor R Kelly:
"That the Manager report on planning enforcement in relation to the blocking of access from the West Pier to Claremont beach."
The following report by the Manager was READ:
“Reports were received about the obstruction of an access from the West Pier to Claremont beach and a letter was issued to the Department of the Marine as these lands are in their ownership.
The Enforcement Section was contacted by the Harbourmaster of Howth who advised that the fence had been erected by him as a health and safety issue. He advised that a right-of-way did not exist over these lands but rather a desire line had been created by regular usage to the beach. He also advised that this access to the beach was over large and dangerous rocks and the Department of the Marine had been advised that they should close off this access to protect them from public liability claims.
Having regard to public safety, the public liability issue for the Department of the Marine and the availability of a Council maintained public right of way to Claremont Beach very close by, it is not considered that any further action should be taken in relation to this matter.”
Following discussion, the report was NOTED and it was AGREED that the Enforcement Section would make keep members advised of future developments.
<<<<
In the discussion, I strongly criticised the proposal not to take enforcement action for reasons which have nothing to do with enforcement law and pointed out that the Department of the Marine’s response in fact confirms that the area has been habitually open to and used by the public.
Note that this is a consideration for whether or not development is exempted, as the Planning and Development Regulations 2001 provide as follows:
>>>>
9. (1) Development to which article 6 relates shall not be exempted development for the purposes of the Act—
(a) if the carrying out of such development would –
…
(x) consist of the fencing or enclosure of any land habitually open to or used by the public during the 10 years preceding such fencing or enclosure for recreational purposes or as a means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,
(xi) obstruct any public right of way,
<<<<
I also pointed out that this is the only access from to the beach for horses which doesn’t involve a difficult passage over a steep slippery slipway. Noeleen McHugh from the Enforcement section committed to further investigation with aerial photographs as well and to gathering other evidence. If you have used this access, it would be helpful if you could contact her (noeleen.mchugh@fingalcoco.ie, 01 8905000) to say that you can give evidence of the use.
Arising from the discussion, I also put the following question down to the April Council meeting:
>>>>
F/199/09
SATELLITE IMAGERY, AERIAL PHOTOGRAPHY
QUESTION: Councillor D. Healy
“To ask the Manager what satellite imagery, aerial photography or similar data the Council has access to and can use for the purpose of planning enforcement and for what years it is available?”
REPLY:
Satellite imagery is available from 2004.
The most recent digitised aerial photographs are from 2005 and photographs are available since 1995.
Hard copies of aerial photographs are available from 1977 covering most of the County but some photos have been removed from the archive over the years.
<<<<
In relation to the access along the side of the railway station, I have raised it at every opportunity.
I got an objective ("To maintain and protect the public amenity of the beach and improve public access to the beach.") included in the current County Development Plan.
(Minutes)
The Area Cttee. agreed to my motion to direct the Manager "to bring forward a programme for improvement of Baltray/Claremont Beach including consideration of the following elements:
a) quality access from Howth Harbour Area;
b) quality surface of promenade;
c) extension of promenade and linking to path to Claremont Road;
d) attractive fencing to the dart line (maybe similar to the fencing along the new platform extension)."
(Minutes)
I have also been pushing for the opening of a right-of-way between the beach and Claremont Road; this would be matched with a boardwalk from the end of the current promenade.
(Minutes)
Related records of my work in relation to Claremont beach are noted on my website and in Council minutes:
Beach improvements needed as part of Howth Urban Centre Strategy and here.
Access to the Beach will be improved as part of traffic management for the area.
Maintenance and improvement plans for the beach.
Non-reply to my question about progress on the Claremont Road access.