29 January 2004: Residents of three estates in Naas are to be asked to vote if they want one, two, or none of the rights of way in their area to be closed off for public use.

A plebiscite is to be held among residents of Roselawn, Woodlands and Kingsfurze estates to determine the matter once and for all.

A motion by Cllr Timmy Conway calling for the immediate closure of the entrance between Roselawn estate and the Blessington Road (opposite Tesco’s supermarket) sparked heated debate on the whole issue of closures of walkways in the town last week.

The process to consider the extinguishment of the public right of way was initiated under Section 73(1) of the Road Traffic Act 1993. Following public consultation an oral hearing was held and a report presented to Naas Town Councillors.

It was agreed to extinguish the right of way at the March monthly meeting of Naas Town Council on 25 March 2003. Subsequently, at the adjourned March monthly meeting on 2 April 2003 it was agreed to defer closure pending the re-examination of the matter.

This followed complaints from a number of residents of Roselawn and other estates who said they had not been informed of the oral hearing and so were unable to put their case to the inspector.

Roselawn Residents Association recently wrote to the Council requesting the extinguishment of the right of way from Roselawn to the Blessington Road. Others have also written to the Council opposing the closure.

The plebiscite was proposed by Cllr Seamie Moore who said he regretted he could not agree with the closure as requested. He accepted there may be some anti-social goings on and other problems in one area of the estate. He also reminded councillors that official signs about the closure had been pulled down and people did not have an opportunity to put their case.

“We all felt that was fairly true and it was for this reason we agreed not to go through with the closure,” he said at last week’s meeting of the Council.

He asked that the plebiscite be for the whole area including Kingsfurze, Roselawn and Woodlands estates.

Cllr Mary Glennon said she also had suggested a plebiscite to determine the matter. She has had ‘as many letters for as against’ and accepted that crimes have been committed ‘by thugs’. “Because I have regard for those who are worried about the privacy of their property and because I have equal concern for the people who use those walkways, I think a plebiscite is the only answer,” she said.

Cllr Charlie Byrne believed ‘Judge Judy’ (of American TV fame) would be the only one capable of making a judgement on this matter. He could not vote for the closure of any walkway as the elderly and children would be inconvenienced if one was closed. He pointed out that councillors were asked to include more walkways in their Development Plan to integrate people and to encourage them to walk more. He has sympathy for anyone suffering from the ‘rampant vandalism’ going on in the town saying: “It’s time for the vandalism to end. We cannot bow to it.”

Cllr Anthony Egan believed the problems are caused by people on the way home from the pubs. “It’s the one per cent minority that ruin things for everybody, making life hell for some residents.” He would be very reluctant to close any right of way. He wanted the anti social behaviour matter raised at the next Garda Liasion meeting and if that does not happen, said they should be looking at putting in CCTV cameras. He said there is ‘equal pressure from other parts of the town to have a similar proposal’.

Cllr Glennon recalled that the Gardai already have facilities to install CCTV to foil serious crime and have done so in certain housing estates in the town.

Cllr Willie Callaghan who asked if there were any legalities in relation to their decision to close the walkway.

Cllr Pat McCarthy agreed with the plebiscite saying ‘it’s probably the fairest system in the long run’. He was unsure how it affects people in Kingsfurze estate and felt some people in the whole town would feel they also have a right to be heard.

Mayor Pat O’Reilly said he was one of those who had voted for the closure last March. He said some residents of Roselawn were hurt at the blocking off of the route to Tesco and wanted to be disassociated with the move. He ‘reluctantly’ accepted the idea of a plebiscite for both estates.

Winding up, Cllr Conway said the people of Roselawn are under attack. He reckoned a plebiscite would only delay a resolution and was only ‘kicking into touch’. “It’s not a great inconvenience to walk further in comparison to what those people are suffering,” he said.

Town clerk Declan Kirane said the first thing is to establish a qualified electorate and have agreement that all parties will accept the decision. “Agree what estates will be involved, go through the register of electors and identify them,” he advised.

Cllr Byrne was ‘amazed’ at Cllr Conway calling a plebiscite ‘a cop out’ while Cllr Eibhlin Bracken said there is a pathway into Kingsfurze and ‘they are all involved’.

The Mayor then took a vote on the amendment that a plebiscite be held among the residents of all three estates.

In favour were Cllrs Callaghan, Moore, McCarthy, Glennon, Egan and O’Reilly. Against were Cllrs Conway, Bracken and Byrne resulting in a 6-3 vote in favour.

The Mayor then said the motion, as amended, was for the plebiscite between the residents of Kingsfurze, Woodlands and Roselawn.

This was agreed by all except Cllrs Conway and Bracken.