Notice of motion calling on Roscommon County Council to surface dress the area set back outside houses on roads which are on the roads program when requested by the homeowner. 

Notice of Motion from Cllr. Fitzmaurice

Notice of motion calling on Roscommon County Council to surface dress the area set back outside houses on roads which are on the roads program when requested by the homeowner. 

The Meetings Administrator read the following reply:

Section 103A(1) of the Local Government Act 2001, as amended, provides that “As soon as may be following the adoption of the local authority budget, a schedule of proposed works of maintenance and repair to be carried out during the financial year in each municipal district shall be prepared under the direction of the chief executive, having regard to the availability of resources.”

Section 103A(2) states “A schedule prepared for the purposes of subsection (1) shall be considered by the municipal district members concerned and be adopted by resolution, with or without amendment by it, within such time limit and in accordance with such conditions and requirements as may be prescribed by the regulations made by the Minister.”

Section 103A(3) goes on to state “In making an amendment under subsection (2) the municipal district members shall have due regard to the local authority budget adopted”.

Roscommon County Council’s Roads & Transportation Unit, on behalf of the Chief Executive, prepares the Annual Roads Programme in accordance with engineering best practice, available funding, and established operational procedures. This programme outlines the funding available and the routes to be included in the works schedule for consideration of the members.

If adopted by the District, it then falls to the Roads Department to implement the Schedule of Municipal District Road Works in accordance with all standards and funding requirements in an efficient and effective manner to obtain maximum value for money.

While the area between the edge of the carriageway and the boundary wall of individual dwellings may, in some cases, fall within the public road, it is generally not included in resurfacing works for the following reasons:

1. Planning and Design Responsibility:

In rural areas, property owners were often required under planning permission to set back boundary walls to facilitate sightlines, provide pull-in areas, prevent runoff onto the public road, provide adequate drainage, etc. These works were to be constructed to an appropriate standard at the time of development. Retrospective resurfacing of these areas—especially where standards were not met—would represent a poor use of public funds and could be contrary to their planning permission.

Road levels are not typically raised outside residential properties. In cases where this occurs, accommodation works are agreed with the landowner and necessary surfacing and drainage works, etc are completed by the Council as part of the road project.

2. Drainage Considerations:

Resurfacing set-back areas would introduce drainage responsibilities for each individual property, which should have been addressed during the original planning and design of the dwelling. This would be a considerable burden on the Council, in terms of funding and risk (including claims), in some circumstances.

3. Resource Allocation:

Extending resurfacing to include all such areas would significantly reduce the funding available for the main carriageway network, which serves the broader public interest and is a NOAC indicator. This would compromise the Council’s ability to maintain road safety and connectivity across the county.

4. Operational Protocols:

The Council’s current approach aligns with engineering norms and practices in many other local authorities. It ensures consistency, fairness, and the most effective use of limited resources.

Cllr. Fitzmaurice noted that although this was recently raised, colleagues in neighbouring Local Authorities have confirmed that this practice is carried out and noted that it was the standard practice in Roscommon a few years ago. He noted that set?back areas are used as pull?ins on narrow roads, serving the Council’s interests. He added that planning conditions require residents to set back their walls, and residents comply, however, questions arise regarding insurance liability for incidents occurring in these areas.

Members supported the motion and raised the following points:

• The issue was raised recently and received unanimous support.
• This is a policy matter and should be brought to the SPC for formal policy development.
• The practice occurs in many other local authorities.
• Rural homeowners feel they receive little in return for property tax.
• The practice was carried out historically.
• Resurfacing outside houses without proper works can raise road levels and create flooding.
• In North Roscommon, particularly with current road closures and diverted traffic, areas outside houses are being damaged, causing significant issues.

On the PROPOSAL of Cllr. Fitzmaurice

               SECONDED by Cllr. Crosby

It was AGREED to support the motion.

Director of Services, Mr. Mark Keaveney, clarified that where resurfacing alters levels and affects water runoff, accommodation works are carried out. He also noted that it is not just as simple as resurfacing, in some cases foundation works and drainage works are required. He added that Local Authorities in Westmeath, Cavan, Galway, Offaly, Sligo do not carry out this practice. He explained that Departmental funding requirements for regional and local roads require engineers to certify works are carried out only on the road and not adjoining areas.

Chief Executive, Mr. Shane Tiernan, advised that, if this practice were adopted, the length of road resurfaced annually would be significantly reduced. He explained that the funding received is based on the new map roads system which calculates every square millimetre of tar and chip, leaving no scope to extend works beyond the road surface.

On the PROPOSAL of Cllr. Kelly

               SECONDED by Cllr. Keogh

it was AGREED to extend Standing Orders until 6.40pm.