Public right of way

If a County Council or group are planning to put a lock on what has always been a right of way is the onus on them to prove they can or onus on the public to prove they cannot?

I am talking about a public slipway. Residents in the area were previously advised that it is commonage but cannot verify that. I do not know if there is an official right of way but has been used for the last 40 years anyway! There is no public hazard in the area. It is being proposed that keys would be given to some people in the locality who could unlock for others.

I don' have much more info but would be obliged if anyone has any views.

Rights of way can be viewed at www.landdirect.ie

You can check the county council's county development plan to see if it is listed as a public right of way there - it's usually an appendix to the main written statement. If its not in there, you'd have to prove that it is a public right of way which is incredibly hard to do once you get into the technical details. But if its an access that was used for the last 10 years the group cannot erect the gate without planning permission (see the restrictions on exemption under 9(1)(x) of the Planning and Development Regs ), an easier thing to prove. Not sure how this would apply to the council if they are doing it themselves. Send me a PM if you want to show me the specific site.

Take a look at this recent case as an example of the burden of proof required.

Thanks everyone. Unfortunately it is not on LandDirect as it says to check Registry of Deeds. I was advised to get in touch with the valuation office to see if I can find some previous owners names and then can do a search with the registry.
Thanks Bluecup for pointing out that exemption. Might be worth mentioning anyway.
Regards
Tommygirl

Tommygirl, that reference should have been 9(1)(a)(x), I was missing the (a) in case you went looking.