DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

 

Minutes of Meeting of County Council

 

 

held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin

 

 

on Monday, 10 July 2006 at 5.00 p.m.

 

 

PRESENT:

 

 

Bailey, J. F.

Fox, T.

Bailey, M.

Hand, P.

Baker, M.

Horkan, G.

Bhreathnach, N.

Ireland, K.

Butler, L.

Joyce, T.

Childers, N.

Kivlehan, T.

Conway, B.

Marren, D.

Corrigan, M.

Matthews, T.

Cosgrave, L.

McCarthy, L.

Culhane, A.

Mitchell O’Connor, M.

Devlin, C.

O’Callaghan, D.

Dillon Byrne, J.

Regan, E.

Fallon, C.

Smyth, C.

 

Apologies for inability to attend were received by Councillors G. O’Keeffe and J. O’Leary.

 

An Cathaoirleach, Councillor E. Regan presided.

 

OFFICIALS PRESENT:

 

 

Ms. M. Mallon, Deputy County Manager; Mr. G. Hayden, Head of Corporate Services; Ms. K. Holohan, Mr. M. Gough, Mr. C. Mac Namara, Directors of Service; Ms. B. Gilligan, A/Director of Service; Mr. M. Hogan, Head of Finance; Mr. D. Jago, County Architect; Mr. L. Monks, Senior Executive Officer; Mr. S. Ahern, Administrative Officer; Mr. B. Driver, Senior Executive Technician, Ms. J. O’Donoghue, Executive Planner; Mr. K. Fitzsimons, Road Safety Officer, Ms. E. Hourigan, Ms. P. Graydon, Senior Staff Officers.

 

C/353/06

 

A vote of congratulations was passed with Councillor G. Horkan on becoming Chairperson of Dublin Regional Authority.

 

C/354/06

Confirmation of Minutes

 

(a)

Minutes of Annual Meeting held on 12 June 2006 were ADOPTED.

 

 

C/355/06

Questions

 

It was proposed by Councillor M. Baker, seconded by Councillor A. Culhane and RESOLVED:

 

“That pursuant to Standing Order No. 110 question numbers A.1 to A.27 inclusive be ADOPTED and APPROVED.”

 

C/356/06

Green and Black Bin Service

 

Question: Councillor J. Bailey

“To ask the Manager what are the details of the proposals mentioned in Question C/249/06 which are:

(a)

(b)

 

(C)

 

(d)

(e)

(f)

(g)

currently being negotiated with SIPTU and IMPACT;

how many meetings have taken place to advance the completion of negotiations, and on what dates have these meetings taken place;

if the negotiations are due to be substantially completed by summer, on what date are they due to be completed;

on what date does the present contract for the Green Bin collection finish;

what are the details of the process for the Green Bin review scheduled for 2007;

on what date is the review scheduled to begin, and how long will the review take;

in what year will residents of the County have Brown bin facilities?”

 

Reply:

“(a)

The Council have proposed that the number of freighters operating on any given day be reduced. This would mean that route size would increase and as a consequence the number of employees operating the service would be reduced.

(b)

Having observed the manner in which the public responded to Pay by Weight in the first year of operation, the Council and the Unions have met on 12 occasions to progress the negotiations including talks under the auspices of the Labour Relations Commission. These meetings took place on the following dates –2nd June 2005, 27th June 2005, 13th July 2005, 8th Nov 2005, 23 Nov 2005, 2nd Dec. 2005, 13 Jan 2006, 27th January 2006, 7th March 2006, 10th March 2006, 23rd March 2006, 10th April 2006.

(c)

The Council are scheduled to meet with the Unions again on 11th July 2006 and are hopeful that this meeting will resolve all substantial issues.

(d)

The Green bin contract is scheduled to finish on 31 May 2008. The Contract allows for an extension of the service by Oxigen subject to Agreement

(e)

The negotiations which will form the Contract review will examine all aspects of the service to date, the cost of the service and the expansion of the service to include plastic materials.

(f)

At this time it is expected that the review process will formally commence in May 2007 with a view to putting new arrangement in place by January 2008.

(g)

The tentative date for the commencement of the collection of Brown bins is January 2008. At present the Council has shortlisted a number of Service Providers for the design and construction of the Biological Waste facility and it is hoped that the successful tenderer will be on site by the end of the 2006 and complete the facility by the end of 2007.”

 

C/357/06

Inventory of all C02 Emissions

 

Question: Councillor M. Baker

“To ask the Manager to conduct an inventory of all CO2 emissions from all Council buildings, Council housing and Council vehicles and provide a report with the results?”

 

Reply:

“In 2004 pursuant to the Council’s Local Agenda 21 Action Plan consultants were commissioned to carry out an energy audit of the Council’s day to Day activities. The energy audit phase 1 report dated March 2005 involved an overview of energy consumption. The following table extracted from that report shows the CO2 emissions identified in the audit.

 

Premises (offices, libraries, depots etc)

3,268 tonnes p.a.

Pumping plant

1,820 tonnes p.a.

Public lighting

6,390 tonnes p.a.

Transport (Council vehicles)

1,684 tonnes p.a.

 

 

Total

13,142 tonnes p.a.

 

The figure for premises includes an element of emissions from social housing where the Council pays the energy bills e.g. lighting of stairways in flat complexes, heating in some sheltered housing. However the information to calculate energy consumption in social housing units generally is not available to the Council.

 

Since the above information was compiled the Council accepted a tender for the supply of electricity from renewable sources which will result in an estimated reduction of 2,500 tonnes of CO2 p.a. from premises and pumping plant.”

 

C/358/06

Unoccupied Council Houses

 

Question: Councillor M. Baker

“To ask the Manager to report on the number and location of unoccupied Council houses, currently awaiting refurbishment to accommodate families with disabilities. What stage is each of these houses at in relation to:

(a)

(b)

(c)

(d)

approval of funding from the Department;

completion of the tender documents before commencement of the building process;

completion of the building works;

proposed date for occupancy by these families of their new homes?”

 

Reply:

“The Council has only one unoccupied house, located in the Blackrock area, currently awaiting refurbishment to accommodate a family with a disabled child.

 

The situation regarding this house is as follows:

 

(a)

funding approval has been received from the Department of Environment Heritage and Local Government;

(b)

the issuing of the tender documents has been delayed due to a request from the family for further in-built specialised equipment, however the Council is working closely with the Family and their Occupational Therapist in this regard and once the details have been determined and agreed the tender documents will be finalised. It is hoped to commence the tender process within the next few weeks,

(c)

the building works are expected to be of 6 months duration,

(d)

proposed occupancy by the Family of their new home is expected to be March/ April next year.

 

C/359/06

Number of Families with Disability Needs Awaiting Housing

 

Question: Councillor M. Baker

“To ask the Manager to report on the number of families with disability needs awaiting housing by the Council on the current housing list?”

 

Reply:

“There are 44 applicants on the housing list who require specially adapted dwellings as set out hereunder:

 

No. of Applications

Need – Bedroom Size

25

1 bedroom

9

2 bedroom

9

3 bedroom

1

4 bedroom

 

Of these 20 are not residing in the Dun Laoghaire-Rathdown area.

 

Suitable accommodation has been identified for four of the above applicants but this accommodation is not yet available.”

 

C/360/06

Safeguarding of Council Owned Property

 

Question: Councillor M. Baker

“To ask the Manager to state what procedures are in place to safeguard Council owned property when planning applications are received for adjoining or nearby property which may impact negatively on the Council’s property? Whose responsibility is it to watch out for such planning applications? How many objections has the Council made against planning applications in the past twelve months on planning grounds as distinct from transportation, environmental grounds etc?”

 

Reply:

“Where the Planning Authority becomes aware that a proposed development which is the subject of a planning application may impact upon property in the ownership of the Council, the planning application is referred to the Development Department for comment. Any comment made by the Property Section will be taken into consideration when making the decision. The weekly list of planning applications is also circulated to all Council Departments.

 

Current record management systems within the Department do not allow for access to the number of representations made on planning applications by Council Departments.”

 

C/361/06

Green and Black Bin Service

 

Question: Councillor M. Baker

“To ask the Manager to answer the following questions in relation to the Green and Black bin service:

(a)

what are the details of the proposals mentioned in Question C/249/06 that are currently being negotiated with SIPTU and IMPACT;

(b)

 

(c)

 

how many meetings have taken place to advance the completion of negotiations, and on what dates have these meetings taken place;

if the negotiations are due to be substantially completed by summer, on what date are they due to be completed;

(d)

(e)

(f)

(g)

on what date does the present contract for the Green Bin collection finish?

what are the details of the process for the Green Bin review scheduled for 2007;

on what date is the review scheduled to begin, and how long will the review take

in what year will residents of each ward have Brown bin facilities?”

 

Reply:

 

“(a)

The Council have proposed that the number of freighters operating on any given day be reduced. This would mean that route size would increase and as a consequence the number of employees operating the service would be reduced.

(b)

Having observed the manner in which the public responded to Pay by Weight in the first year of operation, the Council and the Unions have met on 12 occasions to progress the negotiations including talks under the auspices of the Labour Relations Commission. These meetings took place on the following dates –2nd June 2005, 27th June 2005, 13th July 2005, 8th Nov 2005, 23 Nov 2005, 2nd Dec. 2005, 13 Jan 2006, 27th January 2006, 7th March 2006, 10th March 2006, 23rd March 2006, 10th April 2006.

(c)

The Council are scheduled to meet with the Unions again on 11th July 2006 and are hopeful that this meeting will resolve all substantial issues.

(d)

The Green bin contract is scheduled to finish on 31 May 2008. The Contract allows for an extension of the service by Oxigen subject to Agreement

(e)

The negotiations which will form the Contract review will examine all aspects of the service to date, the cost of the service and the expansion of the service to include plastic materials.

(f)

At this time it is expected that the review process will formally commence in May 2007 with a view to putting new arrangement in place by January 2008.

(g)

The tentative date for the commencement of the collection of Brown bins is January 2008. At present the Council has shortlisted a number of Service Providers for the design and construction of the Biological Waste facility and it is hoped that the successful tenderer will be on site by the end of the 2006 and complete the facility by the end of 2007.”

 

C/362/06

Disabled Persons Grant

 

Question: Councillor N. Bhreathnach

“To ask the Manager to amend the guidelines for the Disabled Persons Grant so that the Occupational Therapist's Report is sought only when recommended by a doctor or social worker or at the discretion of the Area Office, otherwise a doctor's certificate will be considered sufficient to process applications?”

 

Reply:

“The Disabled Persons Grants Scheme adopted by the Council in July 2003 is operated in accordance with the provisions of Section 6, Housing (Miscellaneous Provisions) Act 1979 and the Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001. The Scheme provides for the making of a grant of up to 90% of the approved cost of works where:

 

-

in the opinion of the Council, the provision of an additional room or the carrying out of other structural works are reasonably necessary for the purpose of rendering a house more suitable for the accommodation or treatment of a member of the household who is either physically handicapped or

-

suffers from severe mental handicap or severe mental illness for which he/she is undergoing treatment.

 

Circular HGS4/01 from the Department of the Environment Heritage and Local Government states that reasonably necessary in the statutory Regulations acknowledges that there can be no approved list of works, which will qualify for grant assistance under the scheme. However, the phrase recognises that the emphasis is clearly on the works which are necessary, or which can reasonably be demonstrated to be necessary to improve the qualify of life of the disabled person. It is a matter for authorities to decide on the general criteria, including the circumstances where an Occupational Therapist’s report should be obtained.

 

The adopted Scheme provides that an application for a grant must be accompanied by various documents one of which is An Occupational Therapist’s assessment/report.

 

The Occupational Therapist’s assessment of the disabled person’s needs is crucial in determining the precise extent of works to be approved for a grant. Without their professional recommendation, it would be impossible to operate a grant assistance scheme where works were carried out which did not meet the needs of the disabled person and did not comply with a subsequent Occupational Therapist’s recommendation.

 

All Health Service Executive Occupational Therapists and all private Occupational Therapists residing or based in the County are fully conversant with the Council’s Disabled Persons Grants Scheme. The Council therefore is not aware of any undue difficulties by applicants in obtaining an assessment and report in respect of the Disabled Persons Grants Scheme.

 

The Council has considerable experience of dealing with the needs of disabled persons who are being either housed by the Council or who are existing tenants who require alterations to be carried out to their rented dwelling to meet their needs.

 

The needs of each disabled person has to be assessed on an individual basis to ensure that the accommodation or alterations proposed meet their needs. The input of the Occupational Therapist has proved to be essential in ensuring that the appropriate alterations and accommodation is provided.

 

Any decision to change the Disabled Persons Grants Scheme to accept a report from another medical professional other than an Occupational Therapist would in the Council’s view be a disservice to the applicants themselves as it is likely to lead to works been approved which do not meet the needs of the applicant.”

 

C/363/06

Monkstown Ring Road

 

Question: Councillor N. Childers

“To ask this Council to have the Monkstown Ring Road removed from the County Development plan by means of a material alteration of the Plan?”

 

Reply:

The Monkstown Ring Road was approved by An Bord Pleanala under Section 51 of the Roads Act 1993 on the 22nd of June. The C.P.O. for the route was confirmed on the same date. The next step for the Local Authority is to put a notice in the paper and inform the landowners that An Bord Pleanala confirmed the C.P.O. At this stage judicial review proceedings may be initiated.

 

This road scheme has gone through the Development Plan process, which resulted in its inclusion in the 2004 County Development Plan and a lengthy Oral Hearing both of which provided for public consultation on the issue. In my opinion there has been no change in circumstances that would warrant its removal from the County Development Plan.

 

I am of the view that it would be inappropriate, unhelpful and possibly illegal for the Council to seek to do anything in relation to the road scheme until the decisions of An Bord Pleanala in relation to both the CPO and the EIS have been confirmed or otherwise. When the decisions of An Bord Pleanala are confirmed I will be happy to facilitate a full discussion by the Council of the scheme.”

 

C/364/06

Maintenance of Cycle Lanes

 

Question: Councillor B. Conway

“To ask the Manager to outline the measures that are taken to ensure that cycle lanes in the County are maintained clear and free from debris, in particular broken bottles, in the interests of road safety?”

 

Reply:

All Cycle lanes are swept as part of the Road Sweeping Program. On occasions specific problems or incidents arise which necessitate special attention when such are notified to the Council.”

 

C/365/06

Register of Electors

 

Question: Councillor B. Conway

“To ask the Manager to advise as to the steps he proposes to take to ensure that the electoral register is accurate and up-to-date for the purposes of the general election scheduled to take place next year?”

 

Reply:

“At the moment, there is an onus on individuals to take steps to satisfy themselves that they are on the Register of Electors. However, the Council facilitates the registration of individuals and the updating of the register by the following:

 

1.

House to house enquiries by Inspectors, with relevant return visit, to identify necessary changes for the publication of the Draft Register.

2.

An advertising campaign is carried out each year by the Council and the Department of the Environment Heritage and Local Government to raise awareness of the Register process and the need for the public to engage in the process to ensure a high accuracy rate in the Register process.

3.

The public may check if they are registered on the Register of Electors on the Council’s website and may complete an application form online for inclusion in the Register. It is also possible to check one’s registration status on the website of the Department of the Environment, Heritage and Local Government.

4.

The draft Register is made available at Libraries, County Hall, Dundrum Local Office and Garda Stations for inspection by members of the public.

5.

Claims may be made by the public to have any corrections made to the draft Register.

 

As in previous years there is a strong emphasis on supervision of enquiries made and verification of data by the Franchise Section, including spot checks and monitoring of progress. Additional aids available to the Council are Death Event Publication Services and change of address services.

 

The County Council has recently been advised by the Department of the Environment, Heritage and Local Government that additional funding will be made available in respect of the current Electoral Register Campaign. On receipt of notification of this allocation it would be possible to expand initiatives in this area in line with additional resources to be provided.”

 

C/366/06

Consumption of Alcohol in Public Places

 

Question: Councillor M. Corrigan

“To ask the Manager to install signs throughout the County highlighting the Council's Bye-Law prohibiting the consumption of alcohol in public places?”

 

Reply:

Signs have been erected in areas where the public consumption of alcohol has been a problem. These areas include beaches, public parks and open spaces.”

 

C/367/06

Consumption of Alcohol in Public Places

 

Question: Councillor M. Corrigan

“To ask the Manager for a report on enforcement of the Council's Bye-Law prohibiting the consumption of alcohol in public places?”

 

Reply:

“Since the beginning of 2006, 90 fines have been issued and 18 fines have been paid. 6 cases were brought to court in 2006. The Council is currently in the process of issuing summonses to non-payers.”

 

C/368/06

Analysis of Current Housing List

 

Question: Councillor G. Horkan

“To ask the Manager for an analysis of the current housing list by current residence, by County and for existing Dún Laoghaire-Rathdown residents by electoral area, and for each of these categories their first preference destination by housing area?”

 

Reply:

“The following table shows the number of housing applicants by County of residence. It is not possible within the Technipoint Allocations System to give an analysis by electoral area, however, a breakdown has been carried out by housing areas:

 

Area of Residence

No. of Housing Applicants

%

Blackrock/ Stillorgan

%

Dun Laoghaire/ Dalkey

%

Ballinteer/ Ballyogan

%

Ballybrack/ Shankill

%

Dun Laoghaire/ Rathdown

2,177

68%

680

21%

840

26%

348

11%

309

10%

Fingal

144

4%

86

3%

31

1%

24

1%

3

0%

South Dublin

255

8%

129

4%

38

1%

81

3%

7

0%

Dublin City

441

14%

257

8%

100

3%

68

2%

16

0%

Other Counties

200

6%

56

2%

62

2%

20

1%

62

2%

Total

3,217

100%

1,208

38%

1071

33%

541

17%

397

12%

 

C/369/06

Current Residential Status of All on the Current Housing List

 

Question: Councillor G. Horkan

“To ask the Manager for an analysis of the current residential status of all those on the current housing list?”

 

Reply:

“The following table gives a breakdown of the housing list by Tenure Type:

 

Tenure Type

No. of Applicants

%

Living in Private Rented Accommodation

2169

67%

Living with Parents

609

19%

Living with Friends

43

1%

Living with Relatives

112

4%

Living in Hostel Accommodation

28

1%

Living in Voluntary Housing

100

3%

Other (including emergency accommodation)

156

5%

Total

3217

100%

 

C/370/06

Breakdown of the Current Housing List by Type of Housing Unit Required

 

Question: Councillor G. Horkan

“To ask the Manager for a breakdown of the current housing list by type of housing unit required?”

 

Reply:

“The following table gives a breakdown of the housing list by size of dwelling required:

 

Housing Area

4 Bedroom

%

3 Bedroom

%

2 Bedroom

%

1 Bedroom

%

OAP 1 Bedroom

%

Total

%

Blackrock/ Stillorgan

35

1%

350

11%

277

9%

505

16%

41

1%

1,208

38%

Dun Laoghaire/ Dalkey

9

0%

248

8%

285

9%

469

15%

60

2%

1,071

33%

Ballinteer/ Ballyogan

17

1%

196

6%

158

5%

145

5%

25

1%

541

17%

Ballybrack/ Shankill

3

0%

136

4%

155

5%

100

3%

3

0%

397

12%

Total

64

2%

930

29%

875

27%

1219

38%

129

4%

3,217

100%

 

C/371/06
Environmental Waste Charge Bills

 

Question: Councillor G. Horkan

“To ask the Manager to ensure that in future on environmental waste charge bills that the account number provided is in 6 digit format not 5 as it is causing confusion when customers try and pay online?”

 

Reply:

The necessity for customers who wish to pay online for their Environmental Waste Charges to key in their account number in a six digit format on the online payments system has been removed. The Council apologises for any confusion that may have been caused. Customers are now requested to key in their account number.

 

As this problem has been resolved, there is no requirement to amend the customer account numbers to a six digit format on the statements.”

 

C/372/06

Taking in Charge

 

Question: Councillor T. Joyce

“To ask the Manager what procedures must be followed by residents of an estate currently under the control of a management company who wish to have that estate taken in charge by the County Council?”

 

Reply:

Applicants for Residential Schemes are required to indicate at planning application stage which parts of the proposed layout is intended to remain private and which parts, if any, they wish to be taken in charge by the Council.

 

Any Roads or other Areas which are proposed to be taken in charge by the Council must meet the Council’s standards for taking in charge. This includes aspects such as Road Widths; Construction; Materials used; Public Lighting; Open Space, and so on. A greater variety of materials; lighting and design is accepted for Schemes which are to remain private.

 

It would be unreasonable to expect the Council to take on the significant financial burden of maintaining areas which were assessed and received a grant of Planning Permission on the basis that they were to remain private.

 

If this well established principle were to be overturned, it would have severe financial ramifications for the Council viz a viz privately managed developments throughout the County.”

 

C/373/06

Guidelines and Regulations Governing the Display of a Planning Notice

 

Question: Councillor D. Marren

“To ask the Manager to comment on the guidelines and regulations governing the display of a Planning Notice, and to state whether such a notice displayed at the front of a dwelling in a cul-de-sac with a notice at the entrance "Private Road- Residents Only" complies with the regulations.

 

Reply:

“Article 19(2) of the Planning and Development Regulations 2001 states that “where the land or structure to which a planning application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure, and shall not be obscured or concealed at any time.”

 

Each site notice is inspected by the Planning Authority during the five week period following receipt of the planning application to ensure that it complies with the Planning and Development Regulations 2001. Where the site notice is not considered to be in accordance with these Regulations, the planning application is declared invalid.”

 

C/374/06

Conservation Study – The Old School House

 

Question: Councillor M. Mitchell O’Connor

“To ask the Manager to carry out a conservation study on The Old School House (a.k.a. St. Brendan’s Youth Hall) to access its historical and architectural merit with a view to adding this building to the “listed building” list?”

 

Reply:

There is a live planning application on this site, (D06A/0759), which has been referred to the Conservation Division for comment and accordingly will be assessed under the Development Control process.

 

Having made a cursory assessment of this structure, the initial view is that it is not of sufficient architectural merit to warrant making it a Protected Structure.”

 

C/375/06

Planning Permissions Granted by Dún Laoghaire-Rathdown

 

Question: Councillor M. Mitchell O’Connor

“To ask the Manager to carry out an audit and report back to this Council his views on why so many planning permissions that have been granted by Dún Laoghaire-Rathdown have not been upheld by An Bord Pleanála?”

 

Reply:

“131 Bord Pleanala decisions on planning applications made to Dun Laoghaire Rathdown County Council have been notified so far this year. Of these, 46 decisions have been overturned by the Board, representing 35.1% of decisions.

 

This compares with an overturn rate on Dun Laoghaire Rathdown County Council decisions of 26.7% in 2005 and 32.8% in 2004.

 

The latest figures from An Bord Pleanala, for 2004, indicate that the average rate of overturned decisions for all planning authorities is 32%.

 

The reasons for the Board’s decisions in each case are available on the Board’s website.

 

C/376/06

Safety of Roundabouts in the County

 

Question: Councillor E. Regan

“To ask the Manager to report on the review of safety of roundabouts in the County, and in particular Killiney, Glenageary and Mounttown roundabouts and to indicate whether it is envisaged to make structural changes to any of these roundabouts?”

 

Reply:

Roundabouts, in general, have a good safety record. Accidents, when they occur, tend to be of a minor nature involving only material damage. The exceptions to this tend to be single vehicle late night crashes where a vehicle collides with the centre island or other infrastructure. These accidents frequently involve excessive speed and / or alcohol factors. In most cases, an overrun crash at a roundabout will result in damage to the vehicle only.

 

The Mounttown Roundabout is one of the few roundabouts in DLRCC's Area where fatalities have occurred - this is partly as a result of the raised construction of the centre island and poor approach sightlines from certain directions. It is proposed as part of the Foxrock to Dun Laoghaire QBC, or as an advance contract (subject to funding from the DTO) to replace this roundabout with a signalised junction with comprehensive pedestrian facilities.”

 

C/377/06

Social and Affordable Housing

 

Question: Councillor E. Regan

“To ask the Manager to report on progress in ensuring that developers meet their obligations with regard to social and affordable housing?”

 

Reply:

Since the introduction of Part V of the Planning & Development Act 2000, applicants for planning permissions to which this part of the legislation relates, have been encouraged to attend pre-planning meetings with the Housing Department to discuss proposals for complying with Part V and the Council’s Housing Strategy in relation to provision of social and affordable housing. These pre-planning meetings are held regularly in accordance with demand.

 

Section 96 of the Planning & Development Act 2000, as amended by the Planning & Development (Amendment) Act 2002 enables a planning authority or An Bord Pleanala on appeal, to require as a condition of a grant of permission, for developments to which Section 96 applies, that the applicant, or any other person with an interest in the land to which the application relates, enter into an agreement concerning the development of land for housing. An agreement under this section can include any of the following options:

 

-

transfer of land the subject of the planning permission;

-

completed units on the site the subject of the planning permission;

-

serviced sites on the land the subject of the planning permission;

-

completed units, serviced sites, or land at an alternative location in the County;

-

a financial contribution; or

-

a combination of two or more of the foregoing options.

 

If agreement cannot be reached there is provision under the legislation for referral to arbitration.

 

Although applicants are advised at pre-planning meetings that the Council’s preference is for completed dwelling units on-site, the default provision under the legislation is transfer of land. Each proposal is assessed on its own merits and it is necessary to have regard to many factors before finalising an agreement, e.g. type of development being proposed, location, cost of land, construction and development costs, management and maintenance fees, compliance with social housing guidelines, affordability, etc. However, developers are advised that payment of a financial contribution will only be considered if none of the other options listed above are feasible.

 

In instances where planning permission is granted for a development with a condition attached requiring the applicant to enter into a Part V agreement and no proposal has been submitted by the applicant in this regard, then the applicant is written to by the Housing Department requesting a submission be made indicating how it is proposed to comply with Part V for the permission granted. In some instances however, for example where development commences prior to commencement of negotiations for compliance with Part V, it has been necessary to take enforcement proceedings to ensure compliance with such conditions.

 

However, it should be noted that the Council is currently reviewing its procedures with a view to streamlining the process to ensure that the maximum number of social and affordable housing units can be achieved during the lifetime of the Housing Strategy.

 

The following tables set out the progress to date on acquisition of social and affordable housing since year 2000.

 

Delivered to date:

 

Year

Social/Voluntary

Affordable

Land

2000-2004

66

36

 

2005

42

84

 

2006 to date

2

17

3 bay halting site Ballinteer

Subtotals

110

137

 

Overall total = 247 dwelling units and a 3 bay halting site

 

Agreements signed not yet delivered:

 

Social/Voluntary

Affordable

Land

17

144

Land for halting site Enniskerry Rd

Overall total = 161 dwelling units and land for halting site

 

Agreements at draft stage:

 

Social/Voluntary

Affordable

Land

18

49

Land for 18 apartments

 

32 further agreements are under active negotiation at present”

 

C/378/06

Affordable Homes Partnership

 

Question: Councillor C. Smyth

“To ask the Manager to write to the Affordable Homes Partnership asking them for the specific locations which have been identified in Dún Laoghaire-Rathdown County?”

 

Reply:

“The Council will write to the Affordable Homes Partnership seeking the information requested.”

 

C/379/06

Brown Bins

 

Question: Councillor C. Smyth

“To ask the Manager when will the “brown bins” be introduced in Dún Laoghaire-Rathdown and what is the delay as they are being delivered in other County Council areas?”

 

Reply:

“The tentative date for the commencement of the collection of Brown bins is January 2008. At present the Council have shortlisted a number of Service Providers for the design and construction of the Biological Waste facility and it is hoped that the successful tenderer will be on site by the end of the 2006 and complete the facility by the end of 2007.

 

Fingal County Council have operated a small Pilot Scheme to assess the likely operational issues that are likely to arise in the brown bin service. The experience gained in this pilot will be of benefit to this Council.

 

No provision has been made in the current budgets for the provision of this service.”

 

C/380/06

Reinstatement of Works Carried Out by/on Behalf of Council

 

Question: Councillor C. Smyth

“To ask the Manager to ensure that all works carried out by the Council or on behalf of the Council are reinstated to how they were prior to the work commencing?”

 

Reply:

“Road Maintenance assures that all work carried out is reinstated properly. For the most part, Road Maintenance carry out an extensive programme of footpath renewal and reconstruction/restoration of our roads.

 

The Roads Control Office grants licences/wayleaves to contractors /utilities to open our roads. These licences are usually granted with conditions and one of the conditions is the full reinstatement of any opening. Regarding applications by private developers/builders etc., the Council retains a deposit to ensure satisfactory reinstatement.

 

The Roads Control Office also carries out the final reinstatement of water/drainage openings throughout the county on a continuous basis.”

 

C/381/06

Dogs Brought to Council Pound

 

Question: Councillor C. Smyth

“To ask the Manager, of the 382 dogs brought to Dún Laoghaire-Rathdown County Council pound in 2005 how many were destroyed?”

 

Reply:

Out of 382 collected 35 were re-claimed and 33 re-homed. We attempt to re-home all suitable dogs. The remaining 314 dogs were destroyed in 2005.

 

It should be appreciated that that a large proportion of the dogs collected are either stray or neglected and generally not suitable for re-homing or in some cases considered dangerous.”

 

C/382/06

Destruction of Dogs

 

Question: Councillor C. Smyth

“To ask the Manager the following regarding the destruction of dogs in Dún Laoghaire-Rathdown County Council:

(a)

how does Dún Laoghaire-Rathdown County Council destruction rates compare with other County Council areas;

 

(b)

how does the Council propose to reduce the destruction rate?”

 

Reply:

“a)

The results of the 2005 Control of Dogs Acts annual returns have yet to be published by the Department of the Environment.

 

 

b)

The Council proposes to run an awareness campaign later this year to inform dog owners of the benefits of microchipping and neutering their dogs.

 

 

 

This awareness campaign aims to reduce the number of abandoned animals by encouraging owners to spay or neuter their pets and encouraging owners to be responsible by not contributing to the problem of Dūn Loaighre Rathdown’s unwanted animals.

 

 

 

The dog pound endeavours to re-home all suitable dogs.”

 

C/383/06

Conferences

 

The following conferences, copies of which had been circulated to the Members, were CONSIDERED:

 

(a)

CEC North / South Seminar, “Local Government and the Planning System, North and South”, Ferrycarrig Hotel, Ferrycarrig Bridge, Co. Wexford, 23rd June 2006

(b)

Making Consultation Meaningful: A Seminar for Consultors, Mont Clare Hotel, Dublin 2, 27th June 2006

(c)

Accessibility Seminar – Web Democracy 2006, Alexander Hotel, Dublin 2, 21st June 2006

(d)

Chambers of Ireland 2nd Annual Regional Policy Forum 2006, “A Wake Up Call for Regional Policy”, Mullingar Park Hotel, Mullingar, Co. Westmeath, 23rd June 2006

(e)

Intelligent Energy - Europe (IEE): New Call for Proposals – Promoting Energy Efficiency & Renewables, Conference Theatre, Enterprise Ireland, Glasnevin, Dublin 9, 7th June 2006

(f)

The Local Government Service as an Instrument for Rural/Urban Development, Baltimore Harbour Hotel, Baltimore, West Cork, 6th – 8th July 2006

(g)

Key Issues for Local Government in Ireland, Half Day Conference, Alexander Hotel, Dublin, 29th June 2006

(h)

9th Annual Conference “Sustainable Energy The Untapped Resource of our Regions” The Radison SAS Hotel & Spa, Ballincar, Rosses Point Road, Sligo, 6th October 2006

(i)

Perceptions of Women in Politics, University College Cork, Cork, 7th July 2006

(j)

Local Government and the Arts, The Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal, 24th – 26th August 2006

(k)

William Carleton Summer School, Corick House Hotel, Clogher, Co. Tyrone, 7th – 11th August 2006

(l)

Neil T. Blaney Autumn School, “What is Republicanism?”, Institute of Technology, Letterkenny, Co. Donegal, 13th – 14th October 2006

(m)

Rethinking the City, Towards Zero-Carbon Cities, Cultivate Centre for Sustainable Living, Temple Bar, Dublin 2, 22nd June 2006

(n)

Water Services National Training Group 10th Annual Conference, Radisson Hotel, Rosses Point Road, Sligo, 7th September 2006

(o)

General Humbert Summer School 2006, Newman Institute, Ballina, Co. Mayo, 17th – 20th August 2006

(p)

Cross Border Conference, “From the Boyne to the Somme”, The D Hotel, Drogheda, Co. Louth, 1st July 2006

 

It was AGREED that the County Council be represented at Conferences (a) to (p) above.

 

C/384/06

Approval of Nominations

 

The following report of the Manager, copy of which had been circulated to the Members, was ADOPTED and APPROVED:

 

“Approval of the Council is now sought in respect of the attendance of the delegates listed hereunder at the following approved conferences:

 

“Who Owns Irish Healthcare?” Auburn Lodge Hotel, Ennis, Co. Clare, 18th-20th May 2006

-

Pat Hand

 

Southern & Eastern Regional Assembly 7th Annual Conference, Killashee House Hotel, Naas, Co. Kildare, 26th May 2006

-

Denis O’Callaghan

 

“Village Design & Best Practice Public Participation – An Integrated Approach to Development Management?”, Kilcullen Heritage Centre, Kilcullen, Co. Kildare, 26th May 2006

-

Ciarán Fallon

 

Kerry Mental Health Association Conference, “Exercising Your Mental Health”, Gleneagle Hotel, Killarney, Co. Kerry, 26th & 27th May 2006

-

Gearóid O’Keeffe

-

Tom Joyce

-

Pat Hand

 

Michael Davitt Commemoration Conference, “Michael Davitt National Contemporary Reflections”, Davitt Centre, Straide, Foxford, Co. Mayo, 2nd – 4th June 2006

-

Jane Dillon Byrne

-

Gerry Horkan

-

Pat Hand

 

Rethinking the City, Towards Zero-Carbon Cities, Cultivate Centre for Sustainable Living, Temple Bar, Dublin 2, 22nd June 2006

-

Tom Kivlehan

-

Ciarán Fallon

 

CEC North / South Seminar, “Local Government and the Planning System, North and South”, Ferrycarrig Hotel, Ferrycarrig Bridge, Co. Wexford, 23rd June 2006

-

Aidan Culhane

 

12th Byrne-Perry Summer School “Easter 1916”, Christian Brothers School, Gorey, Co. Wexford, 23rd-25th June 2006

-

Pat Hand”

 

C/385/06

Filling of Vacancy on the Culture, Community Development & Amenities SPC for Noting

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and NOTED:

 

“A vacancy arose on the Culture, Community Development & Amenities Strategic Policy Committee as a result of the resignation of Ms. Liz Ferris. The Chambers of Commerce of Ireland have notified the Council that Mr. Donal O’Neill will replace Ms. Liz Ferris from the Business/Commercial sector on the Culture, Community Development and Amenities SPC.

 

This report is for the information of Members.”

 

C/386/06

Monthly Financial Report

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and NOTED:

 


“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

 

 

REVENUE ACCOUNT FINANCIAL REPORT

 

 

 

 

PERIOD: 01/01/06-31/05/06

5 months

41.67%

 

 

 

 

 

 

EXPENDITURE

 

 

 

 

 

 

 

 

 

 

PROGRAMME GROUP:

TOTAL

BUDGET

EXP. as %

 

EXPENDITURE

 

of EST.

 

%

Housing & Building

8,440,635

26,423,400

31.94

Road Transportation & Safety

9,687,828

26,756,400

36.21

Water Supply & Sewerage

12,493,341

25,504,500

48.98

Dev. Incentives & Controls

2,822,260

8,085,200

34.91

Environmental Protection

19,840,798

58,629,000

33.84

Recreation & Amenity

7,745,871

20,804,300

37.23

Agriculture, Education,

---

---

---

Health & Welfare

2,830,675

6,175,500

45.84

Miscellaneous Services

5,784,137

9,925,200

58.28

Support Services

6,586,513

14,141,800

46.57

TOTAL:

76,232,059

196,445,300

38.81

 

 

 

 

 

RECEIPTS

 

 

 

 

 

 

 

TOTAL

BUDGET

REC. as %

 

RECEIPTS

 

of EST.

 

%

Housing & Building

5,941,555

19,092,800

31.12

Road Transportation & Safety

2,397,896

7,898,000

30.36

Water Supply & Sewerage

1,057,710

6,354,300

16.65

Dev. Incentives & Controls

1,129,101

2,115,900

53.36

Environmental Protection

7,364,930

35,423,500

20.79

Recreation & Amenity

1,304,982

3,452,100

37.80

Agriculture, Education,

---

---

---

Health & Welfare

2,796,526

5,746,900

48.66

Miscellaneous Services

718,388

1,789,800

40.14

SUB TOTAL:

22,711,088

81,873,300

27.74

Commercial Rates

33,175,042

77,739,400

42.67

Local Government Fund

18,416,318

36,832,600

50.00

TOTAL INCOME:

74,302,448

196,445,300

37.82

 

 

 

 

SURPLUS/(DEFICIT) at 31/05/06

-1,929,611

 

 

 

Signed:

M.Hogan

 

 

 

Head of Finance”

 

C/387/06

Report on Outdoor Events Licence Application for Festival of World Cultures to be held between Friday 25th August and Sunday 27th August in Dún Laoghaire

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

 

“Report prepared in accordance with Part XVI, Section 238 of the Planning and Development Act 2000 – 2004 and Sections 193 – 198 of the Planning and Development Regulations 2001 (as amended).

 

Report on Outdoor Events Licence Application for Festival of World Cultures to be held between Friday 25th August and Sunday 27th August in Dún Laoghaire

 

Proposed Event:

Festival of World Cultures (a Multicultural Event including performing, musical and visual arts):

 

Venue: Dun Laoghaire Town Centre and surrounding areas.

 

Dates: 25 August 2006 – 27 August 2006.

 

Matters to which the holding of the event shall be subject:

The event will be subject to the following matters contained in section 231(4) of the planning and Development Act 2000 – 2004.

-

compliance with relevant guidelines and codes of practice;

-

Securing the safety of persons at the place in connection with the event;

-

the protection of the environment in which the event is to be held, including the control of litter;

-

the maintenance of public order;

-

the avoidance or minimisation of disruption to the neighbourhood in which the event is to take place.

 

Submissions / Observations:

One submission has been received in the prescribed period from the Garda Siochana supporting the plan and stating that it will provide appropriate attention throughout.

 

Report:

The following Codes of Practice and Publications were observed in the making of the Draft Management Plan,

-

Code of Practice for Safety at Sports Grounds, Department of Education, 1996.

-

Code of Practice for Safety at Outdoor Pop Concerts, Department of Education 1996.

-

The Event Safety Guide, Health and Safety Executive, 1999.

-

Managing Crowds Safely, Health and Safety Executive, 2000.

 

The Draft Management Plan is presented in six parts as follows,

-

Event management Structure

-

Site Emergency Plan

-

Traffic management Plan

-

Safety Strategy

-

Environmental Monitoring

-

Removal of Structures, Reinstatement of Remedial Works.

 

The Draft Management Plan incorporates all matters contained in section 231(4) of the planning and Development Act 2000 – 2004 as outlined above. It is considered that the application complies with the requirements of the Regulations in terms of procedures and supporting documentation and that the event should be held.

 

Recommendation: It is considered that the event should be held subject to the following,

 

1)

That the Event Management Plan, submitted in support of the application be implemented in full.

 

 

Following discussion, during which Mr. C. Mac Namara, Director of Culture, Community Development and Amenities responded to queries, the Members raised the following issues;

 

1.

2.

3.

There has been no clear role for the Elected Members in the Festival in previous years.

The launch of this Festival should be held within the County of Dún Laoghaire-Rathdown.

Dún Laoghaire-Rathdown County Council’s involvement in the Festival is not apparent –

 

advertisements and banners used should clearly show this.

 

 

Mr. Mac Namara thanked Councillors for their feedback and stated he would take this on board.

 

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor P. Hand and RESOLVED:

 

“That the report of the Manager be ADOPTED.”

 

C/388/06

Proposed Disposal of Properties

 

Disposal of Fee Simple Interest to Lessees who purchased under Tenant Purchase Scheme.

 

The following notice, copy of which had been circulated to Members, was CONSIDERED:

 

 

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DHÚN

 

 

 

(Dun Laoghaire-Rathdown County Council)

 

 

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

LOCAL GOVERNMENT ACT 2001 - SECTION 183

 

 

LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978

 

 

DISPOSAL OF FEE SIMPLE INTEREST TO LESSEES WHO PURCHASED UNDER TENANT PURCHASE SCHEME

 

It is proposed to dispose of the fee simple interest to the lessees of the dwellings set out hereunder.

The purchase price calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment, Heritage and Local Government will be twenty times the annual ground rent.

The sites in question are shown outlined in red on the drawing which will be submitted to the meeting. The Law Agent has advised that the lessees are entitled to purchase the fee simple interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment Heritage and Local Government. A fee of €25.39 will be payable for the issue of the Transfer Order as per Circular Letter H33/78. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the fee simple.

 

NAME

DWELLING

ANNUAL GROUND RENT

 

 

£

(Name Withheld)

 

(Address Withheld)

0.05

0.06

(Name Withheld)

(Address Withheld)

5.00

6.35

(Name Withheld)

(Address Withheld)

0.05

0.06

(Name Withheld)

 

(Address Withheld)

0.05

0.06

(Name Withheld)

 

(Address Withheld)

0.05

0.06

(Name Withheld)

 

(Address Withheld)

8.50

10.79

 

DATE:

 

SIGNED:

 

 

 

 

KATHLEEN HOLOHAN

DIRECTOR OF HOUSING”

 

It was proposed by Cllr. D. O’Callaghan, seconded by Councillor C. Smyth and RESOLVED:

 

“That the disposal of fee simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

 

C/389/06

Proposed Disposal of Properties

 

Disposal of land at (Address Withheld).

 

The following notice, copy of which had been circulated to Members, was CONSIDERED:

 

 

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE RÁTH AN DÚIN

 

 

 

(Dun Laoghaire Rathdown County Council)

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL

 

 

Proposed Disposal of 585 sq yds approx of land at (Address Withheld)

 

 

An application was received from (Name Withheld) to acquire an area of land measuring circa 585 sq yds at (Address Withheld) as shown delineated and highlighted on drawing no. BS3003/12. The land is registered in the Land Registry, Co Dublin to the Council under Folio 82136F.

 

It is proposed to dispose of the Freehold interest in the area of land measuring circa 585 sq yds at (Address Withheld) as shown delineated and highlighted on drawing no. BS3003/12 to (Name Withheld) in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

 

 

 

 

Owen Keegan

 

County Manager

 

 

 

Dated _____ day of June 2006”

 

It was proposed by Councillor C. Smyth, seconded by Councillor G. Horkan and RESOLVED:

 

“That the disposal of land as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

 

C/390/06

Proposed Disposal of Properties

 

Proposed Disposal of surplus plots at Laughanstown from Dun Laoghaire Rathdown County Council South Eastern Motorway Scheme 1997 to Dunloe Ewart Ltd.

 

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

 

“LD 2042

 

 

COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN

 

 

 

(Dun Laoghaire-Rathdown County Council).

 

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

Proposed Disposal of surplus plots at Laughanstown from Dun Laoghaire-Rathdown County Council,

 

 

South Eastern Motorway Scheme 1997 to Dunloe Ewart Ltd.

 

 

Manager’s Orders Dev 09/01 and Dev 106/01 approved the acquisition of 12.536 hectares of land from Dunloe Ewart P.L.C. for the construction of the South Eastern Motorway Scheme.

 

Manager’s Order Dev 167/00 approved the acquisition of 6.611 hectares from (Names Withheld) for the construction of the South Eastern Motorway Scheme.

 

Dunloe Ewart Ltd., subsequently purchased the land in the ownership of the Stevenson’s adjoining the South Eastern Motorway.

 

Work on the South Eastern Motorway is now complete and Dunloe Ewart Ltd., have applied to the Council to purchase back a number of off-cuts from the Motorway Scheme. The Council had agreed, as part of the purchase terms, to transfer gratuitously any lands to Dunloe Ewart Ltd., not being required for the road works.

 

The off-cuts are as outlined in red on Drawing No. LTM/700/08 comprising of Plot Nos. 1 to 23 and totalling 2.6576 hectares.

 

The off-cuts are zoned objective DC (to protect, provide for and/or improve district centre facilities), objective E (to provide for economic development and employment) and objective G (to protect and improve high amenity areas).

 

The land is registered in the Land Registry Co Dublin to the Council under Folio Nos 115454F, 3072 (part) and 61295F. The land was acquired from Dunloe Ewart P.L.C. in June, 2001 and from (Names Withheld) in April 2001 for the construction of the South Eastern Motorway.

 

The Chief Valuer’s Office has negotiated the following terms and conditions with Dunloe Ewart Ltd., for the disposal of the off-cuts totalling 2.6576 hectares:

 

1.

The disposal price payable to the County Council shall be in the sum of €3,700,000 (three million seven hundred thousand euro).

 

 

2.

The property to be disposed of is as shown as plot No’s. 1 to 23 on Drawing No. LTM/700/08 with a total site area of 2.6576 hectares (6.56 acres) or thereabouts.

 

 

3.

The interest to be disposed of in the respective plots shall be the freehold or equivalent, subject to a proviso in respect of Plot No. 16.

 

 

4.

The County Council shall only transfer Plot No. 16 when a suitable formal undertaking has been given by Dunloe to immediately construct on a free of charge basis that portion of the link road within their ownership on demand from Dun Laoghaire Rathdown County Council. (see S.K.101 attached)

 

 

5.

The purchaser shall pay the Council’s legal and Valuers fees in this matter in the total sum of €25,000 (twenty five thousand euro).

 

 

6.

The purchaser shall be responsible for the cost of constructing any new boundary treatments arising from this disposal.

 

 

7.

Please note that no agreement enforceable at law is created or is intended to be created until an exchange of contract has taken place.

 

The National Roads Authority funded the purchase of the lands for the South Eastern Motorway Scheme and the proceeds of this transaction will be refunded to the National Roads Authority.

 

It is proposed to dispose of the freehold interest in the area of land measuring 2.6576 hectares at Laughanstown, Co. Dublin as shown delineated and highlighted on Drawing No. LTM/700/08 to Dunloe Ewart Ltd., Chapel House, Parnell Street, Dublin 1 in accordance with Section 211 of the Planning & Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the terms and conditions aforementioned.

 

 

 

 

Owen P. Keegan,

 

County Manager.

 

 

 

Date _______day of June, 2006.”

 

It was proposed by Councillor C. Smyth, seconded by Councillor T. Kivlehan and RESOLVED:

 

“That the proposed disposal of surplus plots as set out in the above schedule be DEFERRED to the September meeting of the relevant Area Committee.”

 

C/391/06

Proposed Disposal of Properties

 

Proposed Disposal of surplus plots of land at Leopardstown to Horse Racing Ireland.

 

The following notice, copy of which had been circulated to the Members was CONSIDERED:

 

“LD 2043

 

 

COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN

 

 

 

(Dun Laoghaire-Rathdown County Council).

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

Proposed Disposal of Surplus Plots at Leopardstown to Horse Racing Ireland

 

Manager’s Order DEV/141/01 approved the acquisition of 7.496 hectares from Leopardstown Club Ltd/Irish Horse Racing Authority in July, 2001 fro the construction of the South Eastern Motorway Scheme.

 

Work on the South Eastern Motorway is now complete and Horse Racing Ireland (the current owners of Leopardstown Racecourse) has sought to consolidate the boundaries of the Racecourse by requesting the transfer of the off-cuts plots to the Company.

 

Horse Racing Ireland is also agreeable to acquire a piece of Council owned land which is affected by an underground E.S.B. cable and is also the site of anti-social behaviour, and to incorporate it into its car park area.

 

Plot No. 1 (752 sq. metres) and Plot No. 2 (2,200 sq metres) and outlined in red on Drawing No. B.S. 3002/273. Plot No. 3 (550 sq. metres) and Plot No. 4 (3,874 sq. metres) are outlined in red on drawing No. B.S. 3002/274. Plot No. 5 (1302 sq. metres) and Plot No. 6 (655 sq. metres) are outlined in red on Drawing No. B.S. 3002/275. The Council owned plot is plot No. 4.

 

The National Roads Authority funded the acquisition of Plot Nos. 1, 2, 3, 5 and 6 and in a resolution of outstanding balances for works carried out in respect of the South Eastern Motorway Scheme the proceeds of this transaction will be refunded to the Scheme.

 

-

Horse Racing Ireland has agreed to acquire the freehold interest in the lands (Plots 1 to 6) in the sum of €225,000.

 

-

Both parties will be responsible for their own legal fees in the transaction.

 

The Council has taken a conveyance of the lands in Plot Nos. 1,2,3,5 and 6, and these lands are currently being registered. These Plots will be transferred to Horse Racing Ireland when registration to the Council has been completed. Plot No. 4 is part of lands acquired from The Holy Ghost Fathers for housing purposes (Folio No. 4357 refers).

 

It is proposed to dispose of the freehold interest in the area of land measuring 9,333 sq metres at Leopardstown, Dublin 18 as shown delineated and outlined in red on Drawing Nos. B.S. 3002/273, B.S. 3002/274 and B.S. 3002/275 to Horse Racing Ireland, Leopardstown Racecourse,

Foxrock, Dublin 18, in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 on the terms and conditions aforementioned.

 

 

 

 

Owen P. Keegan,

 

County Manager.

 

 

 

Date _______day of June, 2006.”

 

It was proposed by Councillor C. Smyth, seconded by Councillor T. Kivlehan and RESOLVED:

 

“That the proposed disposal of surplus plots of land as set out in the above schedule be DEFERRED to the September meeting of the relevant Area Committee.”

 

C/392/06

Proposed Disposal of Properties

 

Proposed Disposal of Leasehold Interest in land adjacent to (Address Withheld).

 

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

 

 

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN

 

 

 

(Dun Laoghaire-Rathdown County Council).

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL.

 

LD 1129

 

Proposed disposal of the Leasehold Interest in land adjacent to (Address Withheld)

 

 

 

(Names Withheld) of (Address Withheld), applied to the Council to acquire an area of land measuring approximately 55 square metres adjacent to (Address Withheld) as shown highlighted on Drawing No. BS. 3002/276.

 

The land was acquired from John Sisk and Son Irl.for housing purposes in 1966 and is registered in the Land Registry to Dun Laoghaire Corporation under Folio No. 2524.

 

The matter was then referred to the Chief Valuer who entered into negotiations with (Names Withheld) and agreed the following terms and conditions: -

1.

2.

That a full and final settlement shall be in the sum of € 500 (five hundred euro).

That the subject plot comprises a narrow strip of land circa 55 square metres in area as shown outlined on Drawing No.BS. 3002/276.

3.

That Dun Laoghaire-Rathdown County Council shall be prepared to grant the applicants a 150 year lease subject to an initial rent of €5 per annum with 5 year reviews to be determined by any increases in the Consumer Price Index inclusive at the end of every fifth year.

4.

5.

6.

7.

That no buildings or structures be erected on the plot of ground in question.

That the plot of ground be used solely for amenity and garden purposes.

That the height of boundary wall and type of materials to be used be agreed with road maintenance.

That 500mm concrete plinth to be constructed on the road side of wall, height of concrete plinth to be constructed outside the inner wall is to be agreed with road maintenance.

8.

That the plot of ground will not be included in an application for planning permission for the erection of a new house.

9.

That the applicants contribute €1000 (one thousand euro) towards the cost of relocating manhole in the public road. These works to be carried out by Road Maintenance.

 

The relevant Council Service Departments have no objections to the disposal of the land.

 

It is proposed to dispose of the Leasehold Interest in the area of land measuring approximately 55 square metres adjacent to (Address Withheld), to (Names Withheld), as shown delineated and highlighted on Drawing No. BS. 3002/276. in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 and on the Chief Valuer’s terms and conditions as aforementioned.

 

 

 

 

Owen Keegan,

 

County Manager.

 

 

 

Dated______ day of _______2006.”

 

It was proposed by Councillor L. Butler, seconded by Councillor C. Smyth and RESOLVED:

 

“That the proposed disposal of leasehold interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

 

C/393/06

Proposed Disposal of Properties

 

Proposed Disposal of the Leasehold Interest in the land adjacent to Bray Vet, Old Connaught Avenue, Bray.

 

The following notice, copy of which had been circulated to the Members, was CONSIDERED:-

 

 

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN

 

 

 

(Dun Laoghaire-Rathdown County Council).

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL.

 

 

LD 1039

 

Proposed disposal of the Leasehold Interest in land adjacent to (Address Withheld)

 

(Name Withheld) of (Address Withheld) applied to the Council to acquire an area of land measuring approximately 472.5 square metres adjacent to (Address Withheld), as shown highlighted on Drawing No. BS 3002/272.

 

The land was acquired for housing purposes from (Name Withheld) 1998 and registered in the Registry of Deeds No. D2006DN017017X and from (Name Withheld) for housing purposes in 2000 and registered in the Registry of Deeds

No. D2005DN003505Y.

 

The matter was then referred to the Chief Valuer who entered into negotiations with (Name Withheld) and agreed the following terms and conditions: -

 

1.

That a full and final settlement shall be in the sum of € 65,000 (sixty five thousand euro).

2.

That the sale shall be way of contract subject to payment of 10% deposit of the disposal price within 21 days of notification of the issuing of the requisite approvals and consents to the disposal. The balance of the purchase price to be paid on completion of the sale, not exceeding two months from the signing of the contract.

3.

The Council shall grant the applicant a 250-year lease, subject to a rent of €5 p.a., with 5-year rent reviews, to be determined by any increases in the Consumer Price Index.

4.

The property to be disposed of is shown outlined in red on Drawing No. BS 3002/272.

5.

The use of the site shall be restricted to car parking purposes.

6.

The Council shall require a 10m (5m each side) wayleave over the 150mm sewer running through the middle of the site.

7.

The wayleave area shall be entered into the title deeds of the property at the applicant’s expense.

8.

No structure shall be erected or trees shall be planted within this wayleave.

9.

No excavation shall take place, or over burden placed within this wayleave area.

10.

The wayleave area shall be accessible to maintenance crew at all times.

11.

That the existing flow capacity is maintained either by way of the existing ditch or pipe.

12.

In the event the ditch is filled in, a pipe would have to be laid to the satisfaction of Dun Laoghaire-Rathdown County Council Environmental Services Department to take the existing surface water.

13.

That the ditch area shall be entered into the title deeds of the property at the applicant’s expense.

14.

Each party shall be responsible for their respective costs incurred in this transaction.

15.

No agreement enforceable at law is created or is intended to be created until an exchange of contracts has taken place.

 

The relevant Council Service Departments have no objections to the disposal of the land.

The Dun Laoghaire Area Committee approved the proposed disposal at its meeting of the 7th June 2006.

 

It is proposed to dispose of the Leasehold Interest in the area of land measuring approximately 472.5 square metres adjacent to (Address Withheld), to (Name Withheld), as shown delineated and highlighted on Drawing No. BS 3002/272 in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the Chief Valuer’s terms and conditions as aforementioned.

 

 

 

 

Owen P. Keegan,

 

County Manager.”

 

A discussion took place, during which Mr. L. Monks, Senior Executive Officer, Economic Development and Planning and Mr. M. Hogan, Head of Finance responded to Members queries.

 

It was proposed by Councillor T. Kivlehan and seconded by Councillor K. Ireland:

 

“That this Council allocate €65,000 from the sale of lands adjacent to (Address Withheld) to Parks for provision of play facilities at Cois Cairn and Woodbrook Glen.”

 

A roll call vote was called for, the result was as follows:

 

COUNCILLORS:

FOR

AGAINST

ABSTAINED

Bailey, John F.

 

 

Bailey, Maria

 

 

Baker, Marie

 

 

Bhreathnach, Niamh

 

 

Butler, Larry

 

 

Childers, Nessa

 

 

Conway, Barry

 

 

Corrigan Maria

 

 

Cosgrave, Louise

 

 

Culhane, Aidan

 

 

Devlin, Cormac

 

 

Dillon Byrne, Jane

 

 

Fallon, Ciarán

 

 

Fox, Tony

 

 

Hand, Pat

 

 

Horkan, Gerry

 

 

Ireland, Kealin

 

 

Joyce, Tom

 

 

Kivhelan, Tom

 

 

Marren, Donal

 

 

 

Matthews, Trevor

 

 

McCarthy, Lettie

 

 

Mitchell O’Connor, Mary

 

 

O’Callaghan, Denis

 

 

O’Keeffe, Gearóid

 

 

 

O’Leary, Jim

 

 

 

Regan, Eugene

 

 

Smyth, Carrie

 

 

 

4

21

 

 

An Cathaoirleach, Councillor E. Regan declared the Resolution DEFEATED.

 

It was proposed by Councillor L. Butler, seconded by Councillor J. Bailey and RESOLVED:

 

“That the proposed disposal of the leasehold interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

 

C/394/06

Proposed Disposal of Properties

 

Proposed Disposal of land adjoining (Address Withheld).

 

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

 

 

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN

 

 

 

(Dun Laoghaire-Rathdown County Council).

 

 

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL.

 

 

LD 1011

Proposed Disposal of land adjoining (Address Withheld) to (Names Withheld)

 

The Council at its meeting on 13th June 2005 (Minute No. C/362/05) approved the Leasehold disposal of a plot of land comprising 40 sq metres to (Name Withheld) of (Address Withheld).

 

(Name Withheld) has informed the Council that she had agreed the transfer of the Freehold interest in the plot with the Council, and this has now been confirmed with the Council’s Valuer.

 

(Name Withheld) has also now requested that the disposal be to herself and her husband (Name Withheld).

 

It is proposed to dispose of the Freehold Interest in the area of land measuring 40 square metres adjoining (Address Withheld), as shown delineated on Drawing No. BS 3002/250, on the same terms and conditions as described in Minutes No. C/362/05, to (Names Withheld) in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

 

 

 

 

Owen Keegan,

 

County Manager.”

 

It was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth and RESOLVED:

 

“That the proposed disposal of land as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

 

C/395/06

Capital Funding Schemes for Provision of Rental Accommodation by Approved Housing Bodies – Review of Limits

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

 

“The County Council at its meeting on 10th February 2003 adopted the terms and conditions for loans to approved housing bodies under the Capital Assistance Schemes. The Minister for Housing and Urban Renewal, Mr. Noel Ahern, T.D. by circular letter VCH 2/06 has reviewed the terms of the Capital Assistance Scheme and the Capital Loan and Subsidy Scheme and the following changes to the Schemes have been approved: -

 

(i)

Capital Assistance Scheme

 

The following maximum levels of assistance will apply to each unit of accommodation provided under the Capital Assistance Scheme where work commences on or after 1 February 2006:

 

One and two person units (Category I)

 

 

Previous Limit

New limit

 

 

 

Ordinary level of assistance

€ 88,900

€110,000

Higher level of assistance

€120,700

€150,000

Islands

€114,300

€140,000

 
Family type houses (Category II) and Traveller bays (Category III)
 

 

Previous Limit

New limit

 

 

 

Ordinary level of assistance

€108,000

€135,000

Higher level of assistance

€139,700

€170,000

Islands

€120,700

€150,000

 

(ii)

Capital Loan and Subsidy Scheme

 

The following maximum levels of assistance will apply to each unit of accommodation provided under the Capital Loan and Subsidy Scheme where work commences on or after 1 February 2006.

 

 

Previous Limit

New limit

 

 

 

Ordinary level of assistance

€108,000

€135,000

Higher level of assistance

€139,700

€170,000

Islands

€120,700

€150,000

 

Site Costs

Previous Limit

New limit

 

 

 

Ordinary level of assistance

€31,800

€40,000

Higher level of assistance

€38,100

€50,000

 

 

 

 

Higher Level of Assistance

 

The higher level of funding available under both schemes in the five County Borough areas and in the areas of Fingal, Dun Laoghaire-Rathdown, South Dublin is being extended to include Kildare, Meath and Wicklow County Council areas where work commences on or after 1 February 2006.

 

Communal Facilities

 

The assistance payable towards the cost of the provision of communal facilities in projects provided under the Capital Assistance and Capital Loan and Subsidy Scheme’s is increased from €5,800 to €7,500 per unit of residential accommodation in a project. The revised rate will apply to communal facilities under the Capital Assistance and the Capital Loan and Subsidy Schemes where work commences on or after 1 February 2006.

 

It is recommended that the following resolution be adopted:

‘That Dun Laoghaire Rathdown County Council hereby resolves that the terms and conditions for loans to approved housing bodies under the Capital Assistance Schemes be amended to include the revised limits as set out in Circular Letter VCH 2/06 and in the foregoing report is hereby approved’”

 

It was proposed by Councillor C. Devlin, seconded by Councillor L. Butler and RESOLVED:

 

‘That Dun Laoghaire Rathdown County Council hereby resolves that the terms and conditions for loans to approved housing bodies under the Capital Assistance Schemes be amended to include the revised limits as set out in Circular Letter VCH 2/06 and in the foregoing report is hereby approved’

 

C/396/06

Application for Mortgage Loan under the Capital Loan and Subsidy Scheme for Cluid Housing Association in respect of the Housing Project at Ticknock Hill, Sandyford Road, Dublin 18.

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:-

 

“Clúid Housing Association is an approved Voluntary Body for the purpose of Section 6 of the Housing (Miscellaneous Provisions) Act, 1992.

 

They have applied for a fully subsidised loan in the sum of €4,108,127.00 for the provision of 16 social housing units at Ticknock Hill, Sandyford Road, Dublin 18. The scheme consists of 12 no. 2 bedroom apartments, 4 no. 1 bedroom apartments.

 

The loan figure of €4,108,127.00 represents an average unit cost of €256,757.94, which is in excess of the approved limit. However, in particular circumstances the Minister for the Environment, Heritage and Local Government may be prepared to approve a higher cost limit.

 

Approval for a loan in the sum of €4,108,127.00 has been received from the Minister of the Environment, Heritage and Local Government to include loan charges incurred from completion of the units until first occupation

 

This project forms part of an agreement with Park Developments Ltd to meet the Council’s social housing requirement in accordance with Policy R7 of the County Development Plan 1998.

 

It is recommended that the following resolution be adopted:

 

“Dún Laoghaire-Rathdown County Council hereby resolves that approval be given to grant a fully subsidised loan in the sum of €4,108,127.00 to Clúid Housing Association, in respect of the project at Ticknock Hill, Sandyford Road, Dublin 18 in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10th February 2003 and as amended by circular letter VCH 2/06 and subject to the sanction of the Minister of the Environment, Heritage and Local Government.””

 

It was proposed by Councillor T. Joyce, seconded by Councillor C. Smyth and RESOLVED:

 

“Dún Laoghaire-Rathdown County Council hereby resolves that approval be given to grant a fully subsidised loan in the sum of €4,108,127.00 to Clúid Housing Association, in respect of the project at Ticknock Hill, Sandyford Road, Dublin 18 in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10th February 2003 and as amended by circular letter VCH 2/06 and subject to the sanction of the Minister of the Environment, Heritage and Local Government.”

 

C/397/06

Pay and Display Byelaws

 

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

 

“An advertisement was placed in the national press in September 2005 inviting comments on the current scheme or its extension to any particular area. Based on comments/requests received, surveys were carried out in areas which had indicated a need for parking controls, to establish the level of interest by the local community in implementing controls. As a result draft byelaws and proposals in map form were prepared and Councillors were invited to attend information meetings in Dún Laoghaire and Dundrum on 10th and 11th April respectively. An advertisement was placed in the national press on 13th April, 2006 notifying the public of the commencement of the public consultation period and advising them the byelaws and proposals were on display. By the closing date of 25th May, 2006 a total of 276 submissions were received.

 

Proposed Parking Control Byelaws 2006 &

Proposed Parking Controls for Car Parks Byelaws 2006

 

The main changes to the content of the two sets of Byelaws are for clearer understanding and alterations to the appendices to indicate proposed new areas. It is also proposed to offer residents the option of two year parking permit for residents at a cost of €45 (€25 for one year).

 

Proposed New Areas for Inclusion

 

In the Blackrock Area proposals for the following roads were displayed in the draft Byelaws:

-

Seafort Parade

-

Newtown Avenue

-

Waltham Terrace Extension

 

Seafort Parade 35 submissions were received.

Proposal – Residential/3 hour parking on one side and double yellow lines on other and at entrances from Rock Road

While the majority of submissions accepted the proposal in principle, the majority are of the view that not enough parking spaces are being provided to cater for the residents. A suggestion to alter the footpath widths to provide extra parking was made.

Recommendation: There is no proposal to alter footpaths as part of this review due to funding constraints. In addition there are services implications at this location, eg. esb poles, etc which would not make this suggestion feasible. The double yellow lines are recommended in the interests of safety and to ensure emergency access at all times. It is recommended that be Parking Control Scheme not be introduced at Seafort Parade.

 

Newtown Avenue – 1 submission received

Proposal – Alteration of parking arrangements to cater for contra flow cycle track which will entail the loss of some parking bays.

Concern was expressed that residents of Maretimo will be effected in new parking layout.

Recommendation: While some parking bays will be eliminated, from surveys carried out the new parking arrangement will cater for parking needs. Implement as proposed.

 

Waltham Terrace Extension – No submissions received.

Proposal – Provide Residential/3 hour parking on one side, double yellow lines on the other.

Recommendation: From pre-consultation leaflets the majority of residents are in favour. However, from inspections there does not appear to be a parking problem and the scheme is not considered warranted at this time.

 

Requests for Inclusion

St Vincents Park – 3 submissions received

The Residents Association are in favour of the inclusion of this area in the scheme.

Recommendation: It is recommended to provide residential/3 hour parking bays on one side and double yellow lines on the other.

 

In the Dún Laoghaire Area proposals for the following roads were displayed in the draft Byelaws:

-

Knapton Road

-

Knapton Lawn

-

The Slopes

-

Willow Bank

 

Knapton Lawn, Willow Bank – No submissions received

Proposal - Provide Residential/3 hour parking bays on one side and double yellow lines on opposite side

Recommendation: As pre-consultation leaflets indicate the majority of residents in favour and inspections have shown a need for parking controls, implement as above.

 

Knapton Road, The Slopes – No submissions received

Proposal - Provide Residential/3 hour parking bays on one side (sides alter at points to maximise amount of bays) and double yellow lines on opposite side

Recommendation: As pre-consultation leaflets indicate the majority of residents in favour and inspections have shown a need for parking controls, implement as above.

 

OTHER

Patrick Street - 1 submission was received

A request was received to move the bays to the opposite side of the road.

Recommendation: The parking layout on Patrick Street has worked successfully since 2002. Significant costs would be incurred, ie. signing, lining, movement of machines etc, and is not deemed to be warranted.

 

In the Monkstown Area proposals for the following roads were displayed in the draft Byelaws:

-

Montpelier Parade

-

Richmond Hill

-

Carrickbrennan Road

 

Montpelier Parade – 1 submission by 10 residences

Proposal – Provide Residential/3 hour parking bays on the terrace side and double yellow lines on opposite side and round corner of Shandon Park.

The residents are in favour of this proposal.

Recommendation: Implement as above.

 

Richmond Hill –No submissions received

Proposal - Provide Residential/3 hour parking bays on one side and double yellow lines on opposite side

Recommendation: As pre-consultation leaflets indicate the majority of residents in favour, and inspections have shown a need for parking controls, implement as above.

 

Carrickbrennan Road – 1 submission received

Proposal – Provide Residential/All day spaces on both sides of road.

A submission was received to provide parking bays on one side and double yellow lines on the other. However, due to the wide roadwidth which can cater for parking on both sides and from inspections showing that this is the current parking pattern, parking should be on both sides.

Recommendation: As pre-consultation leaflets indicate the majority of residents in favour, and inspections have shown a need for parking controls, implement as above.

 

Requests for Inclusion

Shandon Park – 3 submissions received

The submissions include a request for residents only parking from the residents association.

Recommendation: As pre-consultation leaflets indicate the majority of residents are opposed to the scheme, omit from scheme at this time.

 

In the Seapoint Area proposals for the following roads were displayed in the draft Byelaws:

-

Belgrave Square

 

Belgrave Square - 51 submissions were received.

Proposal: To provide double yellow lines on all uncontrolled areas of the square for reasons of safety, to ensure access for emergency vehicles, refuse collection, etc, to regulate the parking and to curb illegal parking on the Council owned footway around the square.

Some residents on the east and west of the square are in favour of the double yellow lines for safety reasons. Mostly residents are concerned adequate parking for the residents will not be provided if the whole area is controlled.

Recommendation: For safety reasons and in order to ensure emergency access at all times, together with the reasons stated in the proposal, it is recommended to proceed with the double yellow lines.

 

In the Dalkey Area proposals for the following roads were displayed in the draft Byelaws:

v   

Junction Coliemore Road/Leslie Avenue

 

Junction Coliemore Road/Leslie Avenue – 2 submissions

Proposal - To provide Residential/3 Hour parking bays on 1 side, double yellow lines on other side.

The Community Council are in favour of the inclusion of this area.

Recommendation: Implement as proposed.

 

OTHER

The Community Council’s submission requested a number of traffic issues which will be dealt with separately. It also requested:

 

Alteration of designation of Dalkey to Peripheral Area.

Recommendation: This is not recommended as would lead to controls only being in place and the area being patrolled Monday to Friday.

 

A request was received for permits to be issued to staff of Los Angelos Home.

Recommendation: This matter will be examined further.

 

In the Cabinteely Area proposals for the following roads were displayed in the draft Byelaws:

-

Old Bray Road

 

Old Bray Road – 10 submissions

Proposal – To provide Residential/All Day and Residential/3 hour limit parking bays and double yellow lines as appropriate.

Submissions are in mainly in favour of inclusion provided the area be designated as peripheral, echelon parking be retained, disabled bay provided, as many spaces as possible be provided. It was also requested that bays be provided on the library side of the road and to allow free parking for QBC users. Issues in relation to the provision of a taxi rank were received which are not for these byelaws and will be dealt with separately.

Recommendation: 3 disabled spaces are included in scheme. Bays are marked according to safety and to maximise spaces. Echelon parking cannot be retained due to the new layout of Cabinteely following the Village Improvement Scheme. Implement scheme as proposed.

 

OTHER AREAS FOR INCLUSION

 

Glenageary – 37 submissions

Following receipt of submissions (1 listing a further 33 residents) in favour of the introduction of pay & display, it is proposed to create a new parking zone ‘Glenageary’ which will be designated peripheral and include the following roads:

-

Marlborough Road

-

Station Road

-

Silchester Road

 

Marlborough Road

Recommendation: Include in scheme with Residential/All Day Parking bays on two sides to junction with Station Road and one side to junction with Adelaide Road, with double yellow lines on the remainder.

 

Station Road

Recommendation: Include in scheme with Residential/All Day Parking bays on one side with double yellow lines on the other.

 

Silchester Road

Recommendation: Include in scheme with Residential/All Day Parking bays on two sides.

 

In the Dundrum Area proposals for the following roads were displayed in the draft Byelaws:

-

Woodlawn Terrace, Park & Crescent

-

The Oaks

-

Sweetmount Avenue

-

Churchtown Road Upper Slip Road

-

Main Street

-

Ballinteer Road

-

Stoney Road

-

Arbourfield

 

Woodlawn Terrace, Park & Crescent – 31 submissions

Proposal – To provide Residential/3 Hour parking bays on 1 side where appropriate, double yellow lines on other side.

Concern was expressed by some residents that access to their driveways be maintained. Submissions in agreement mainly.

Recommendation: Implement scheme as proposed with attention to driveways being incorporated.

 

The Oaks – 2 submissions

Proposal – To provide Residential/3 Hour parking bays on 1 side where appropriate, double yellow lines on other side.

Residents Association not in favour of inclusion in scheme but requested yellow lines.

Recommendation: Do not implement the scheme at this time..

 

Sweetmount Avenue – 3 submissions

Proposal - To provide Residential/3 Hour parking bays on 1 side, double yellow lines on other side.

Concerns were expressed that access to driveways would be maintained. Single yellow line is preferred to double.

Recommendation: Inspections have shown a need for parking controls. Implement scheme as proposed. Double yellow lines required due to roadwidth and requirement for emergency access.

 

Churchtown Road Upper Slip Road – No submissions

Proposal – To provide Residential/All Day parking at inset and double yellow lines on remainder.

Recommendation: Inspections have shown a need for parking controls. Implement scheme as proposed. Provide a disabled bay.

 

Main Street – No submissions

Proposal – To alter designation of spaces from ‘Permits Not Valid’ to ‘Residential/3 Hour limit’.

Recommendation: Implement as proposed. Pre-consultation submissions show need for residents to park.

 

Ballinteer Road – No submissions

Proposal – To provide Residential/3 hour parking bays on one side to junction with Simpsons Hospital and double yellow lines on other.

Recommendation: Inspections have shown a need for parking controls. implement scheme as proposed.

 

Stoney Road No submissions

Proposal – To provide Residential/3 hour parking bays on one side and double yellow lines on other.

Recommendation: Inspections have shown a need for parking controls. Implement scheme as proposed.

 

Arbourfield – No submissions

Proposal – To provide Residential/3 hour parking bays and double yellow lines as appropriate.

Recommendation: Inspections have shown a need for parking controls. Implement scheme as proposed.

 

OTHER

Laurel Drive – 1 submission

Request for inclusion.

Recommendation: Exclude. Based on pre-consultation submissions the majority received are not in favour of inclusion.

 

Sweetmount Park & The Laurels

Request to be excluded.

Recommendation: Exclude.

 

In the Sandyford Industrial Estate & Stillorgan Industrial Park Area proposals for the following roads were displayed: 92 submissions

 

Burton Hall Avenue, Arena Road, Heather Road, Furze Road, Bracken Road, Three Rock Road, Ravens Rock Road, Rowan Avenue, Spruce Avenue, Holly Avenue, Ballymoss Road & Arkle Road

Proposal – All day parking on one side of roads, double yellow lines on other

 

Carmanhall Road, Corrig Road, Maple Avenue & Birch Avenue

Proposal - implement a Clearway

These proposals are based on proposals drawn up by the Sandyford Business Estate Association (SBEA) the umbrella group representing the business in both areas. Discussions took place with representative of the Association who has confirmed that the Association is not in favour of the proposals. The majority of employees of the area who made submissions are not in agreement with the proposals.

Recommendation: Do not implement the scheme at this time.

 

CORNELSCOURT

The Parking Unit were requested by Ward Councillors to examine the possibility of introducing a scheme in the Cornelscourt Area. A leaflet was distributed to all houses and businesses on the Old Bray Area outlining the following:

 

-

-

-

Provision of Residential/3 hour parking bays at limited bays outside Cornelscourt Cottages;

Provision of 3 hour max bays outside business premises at ‘The Mart’; and

Provision of Residential/All day parking bays on the N11 side of the cul de sac at the end of the Old Bray Road with double yellow lines on the residential side.

Indications from the residential and business communities is that this scheme is not warranted at this time.

Recommendation: This scheme should not be introduced at this time.

 

RECOMMENDATION

 

That the Parking Control Byelaws, 2006 and Parking Controls for Car Parks Byelaws, 2006 be adopted as attached with a commencement date of 1st August, 2006.

 

 

 

COMHAIRLE CONTAE DHÚN LAOGHAIRE - RÁTH AN DÚIN

 

DÚN LAOGHAIRE RATHDOWN COUNTY COUNCIL

 

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

PARKING CONTROL BYE-LAWS, 2006

 

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

PARKING CONTROL BYE-LAWS, 2006

 

 

ARRANGEMENT OF BYE-LAWS

 

 

Part I

 

 

Preliminary

 

 

1.

Citation

2.

Commencement

3.

Interpretation

4.

Area of application

5.

Repeals

6.

Continuity of repealed bye-laws and transitional provisions

 

Part II

 

Conditions, requirements, prohibitions and restrictions

relating to the parking of vehicles in pay parking places

 

7.

Obligation to display a valid parking permit/valid visitor parking permit/valid pay and display parking ticket

8.

Vehicles which may be parked in a pay parking place

9.

Vehicles prohibited from parking in a pay parking place

10.

Conditions for parking in a pay parking place

11.

Interference

12.

Non-compliance with bye-laws

 

 

Part III

Pay and display ticket parking

 

 

13.

Particulars on pay and display parking ticket.

14.

Appropriate parking fees and minimum payment

15.

Manner and time of payment of parking fee

16.

Period of parking in a pay parking place

17.

Removal of vehicle from a parking place

 

 

Part IV

Parking Permits

 

 

18.

Particulars on parking permit

19.

Number of parking permits to be issued

20.

Permission to park vehicle displaying valid parking permit

21.

Display of valid parking permit

22.

Issue of, and fee for parking permit

23.

Issue of replacement parking permit

24.

Return of parking permit

25.

Transfer of parking permit

26.

Display of a void parking permit

 

Part V

Visitor Parking Permits

27.

Particulars on visitor parking permit.

28.

Display of valid visitor parking permit

29.

Issue of, and fee for visitor parking permits

30.

Disposal of visitor parking permits

 

 

PART VI

 

 

Permission for non-operation of

parking ticket machine(s) and /or pay parking place(s)

 

 

31.

Application for permission

32.

Conditions of permission

33.

Appropriate fees

34.

Issue of permission

35.

Breach of conditions

 

 

Part VII

Miscellaneous

 

 

36.

Non-application of bye-laws

37.

Disclaimer

 

Appendices

 

 

Appendix 1:

Parking Fees/Charges

Appendix 2:

Pay parking areas

 

Án Cathaoirleach and Members of Dún Laoghaire-Rathdown County Council (hereafter referred to as ‘the Council’) in exercise of the powers vested in them by Section 36 of the Road Traffic Act 1994 as amended, and having consulted with the Commissioner of Án Garda Síochána hereby make the following bye-laws:

 

 

PART I

 

Preliminary

 

 

Citation:

1.

These bye-laws may be cited as the Dún Laoghaire-Rathdown County Council Parking Control Bye-laws, 2006

 

 

 

Commencement:

2.

These bye-laws shall come into operation on the __________ 2006

 

 

 

Interpretation:

3.

In these bye-laws:

 

 

agent of the Council” means any person employed by Dún Laoghaire-Rathdown County Council or any other person authorised by the Council to carry out functions under these bye-laws and, for the purposes of these bye-laws, includes an authorised person and/or traffic warden;

 

 

 

 

 

appropriate parking fee” means the fee prescribed in these bye-laws for the pay parking place in which the vehicle is parked;

 

 

 

 

 

authorised person” has the meaning assigned to it by Section 103 (8) of the Road Traffic Act 1961 (as inserted by the Road Traffic Act, 1968) and for the purposes of these bye-laws includes a traffic warden and/or an agent of the Council;

 

 

 

 

 

buffer area” means an area between two pay parking places;

 

 

 

 

 

business hours” means the periods of operation indicated on the appropriate parking ticket machine, or the appropriate information plate;

 

 

 

 

 

disabled persons parking permit” means a permit granted in accordance with Article 43 of the Regulations of 1997 and 1998;

 

 

 

 

 

dwelling” means a building or structure designed and used for residential purposes;

 

 

 

 

 

“Health Service Executive Dublin Mid Leinster” has the meaning assigned to it by the Health (Eastern Regional Health Authority) Act, 1999

 

 

 

 

 

goods vehicle” means a vehicle used exclusively for the carriage of goods or burden in the course of trade or business and taxed as a goods vehicle;

 

 

 

 

 

information plate” means a plate accompanying a traffic sign which indicates the period during which the restrictions or prohibition indicated by such traffic sign applies;

 

 

 

 

 

loading bay” means that portion of a road indicated by means of a traffic sign No. RRM 009 on which a vehicle, other than a goods vehicle being used for loading or unloading, shall not be parked during a period which shall be indicated on an information plate;

 

 

 

 

 

“parking fee” means a fee prescribed for the pay parking place in which the vehicle is parked.

 

 

 

 

 

parking permit” means a document issued by the Council or its agents for the purposes of Bye-law Nos. 18 to 26 and containing the particulars specified in Byelaw No. 18;

 

 

 

 

 

“parking ticket machine” means a ticket dispensing machine (pay and display meters) which is capable of automatically delivering a pay and display parking ticket when the appropriate parking fee prescribed by these bye-laws is inserted into the machine;

 

 

 

 

 

pay parking area” means an area within the functional area of the County Council where these Byelaws apply and as specified in Appendix 2.

 

 

 

 

 

“pay parking place” means a place, space or bay for the parking of a vehicle in a pay parking area on a public road intended for the parking of mechanically propelled vehicles and where traffic sign number RUS 018 and any one of the following roadway markings RRM 011, RRM 012, RRM 013 or RRM 014 of the Signs Regulations are provided;

 

 

 

 

 

“pay and display parking ticket” means a parking ticket which is issued by the County Council by means of a parking ticket machine and which contains the particulars described in Byelaw No. 13.

 

 

 

 

 

public road” means a road the responsibility for the maintenance of which lies on a road authority;

 

 

 

 

 

resident” means a person who is the occupant of a dwelling who satisfies the Council that his/her primary dwelling place is at premises situated within a pay parking area;

 

 

 

 

 

the Regulations of 1997 and 1998” means the Road Traffic (Signs) Regulations, 1997 (S.I. 191 of 1997), the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. 182 of 1997) and the Road Traffic (Traffic and Parking) Regulations 1998 (S.I. 274 of 1998) and the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. 441 of 1998).

 

 

 

 

 

“the Road Traffic Acts” means the Road Traffic Act 1961 as amended from time to time;

 

 

 

 

 

“the Road Traffic Regulations” refers to regulations made under the Road Traffic Acts;

 

 

 

 

 

the Signs Regulations” means the Road Traffic (Signs) Regulations 1997 (S.I. 181 of 1997), the Road Traffic (Signs) (Amendment) Regulations 1998 (S.I.273 of 1997) ;

 

 

 

 

 

the 2004 Bye-laws” means the Dún Laoghaire Rathdown County Council Parking Control Bye-laws, 2004.

 

 

 

 

 

traffic warden” has the meaning assigned to it by Section 2 of the Local Authorities (Traffic Wardens) Act, 1975, as amended.

 

 

 

 

 

valid parking permit” means a parking permit which has not expired and is displayed in accordance with Byelaw 7 :

 

 

 

 

 

valid pay and display parking ticket” means a pay and display parking ticket which has not expired and is displayed in accordance with Byelaw 7 ;

 

 

 

 

 

vehicle’ means

 

 

(a)

a passenger vehicle with passenger accommodation for not more than twelve persons excluding the driver and not drawing a trailer or other vehicle;

 

 

(b)

a goods vehicle whose unladen weight does not exceed three tonnes and not drawing a trailer or other vehicle;

 

 

 

 

 

visitor” means one who visits, calls on, or makes a stay with the resident or is engaged by the resident to carry out works on the dwelling;

 

 

 

 

 

visitor parking permit”’ means a visitor parking permit issued by the County Council, its agents or authorised officers only containing the particulars in Byelaw No. 27.

 

 

 

 

 

valid visitor parking permit” means a visitor parking permit which has not expired, and is displayed in accordance with Byelaw No. 7.

 

 

 

Area of Application:

4.

(a)

These byelaws apply to the pay parking areas as listed in Appendix 2 in the administrative county of Dún Laoghaire-Rathdown.

 

 

(b)

Maps shall be retained by the County Council at County Hall, Dún Laoghaire and in the Council Offices in Dundrum, for inspection, which maps will show the areas and places in which these byelaws are in operation.

 

 

 

Repeals:

5.

Subject to Bye-law 6, the 2004 Bye-laws are hereby repealed.

 

 

 

Continuity of repealed Bye-laws and transitional Provisions:

6.

(a)

Nothing in Bye-law 5 shall affect the validity of anything done under the 2004 Bye-laws. Any actions taken under the 2004 Bye-laws or any other thing done shall not be invalidated by any repeal of the said bye-laws but shall, if in force immediately before the said repeal was effected, have effect as if made or done under the 2004 bye-laws unless otherwise provided.

 

 

 

 

 

 

(b)

The continuity of the operation of the law relating to matters provided for in the repealed 2004 Bye-laws shall not be affected by the substitution of these Bye-laws for the said 2004 Bye-laws and –

 

 

 

 

 

 

 

 

(i)

so much of any other bye-law, act or document as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of these bye-laws, shall, if and so far as the nature of the subject matter of the other bye-law, act or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed 2004 Bye-laws has or had effect, a reference to, or, as the case may be, things done or falling to be done under or for the purposes of, that corresponding provision

 

 

 

 

 

 

 

 

(ii)

so much of any other bye-law, act or document (whether repealed, passed or made after the commencement of these Bye-laws) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of these Bye-laws, shall, if and so far as the nature of the subject matter of the other bye-law, act or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed 2004 Bye-laws has or had effect, a reference to, or, as the case may be, things done or falling to be done under or for the purposes of, that corresponding provision.

 

Part II

 

 

Conditions, requirements, prohibitions and restrictions

 relating to the parking of vehicles in pay parking places

 

Obligation to display a valid parking permit, valid visitor parking

7.

Where a vehicle is parked in a pay parking place on a day and during a period which is specified on an authorised information plate.

permit or valid pay

 

 

 

and display parking ticket:

 

(a)

a valid parking permit, valid visitor parking permit or valid pay and display parking ticket shall be so exhibited in the interior of the vehicle that a person outside the vehicle can see the particulars thereon, and,

 

 

 

 

 

 

(b)

a valid parking permit, valid visitor parking permit or valid pay and display parking ticket shall be exhibited in accordance with paragraph (a) of this bye-law so long as the vehicle is parked in that pay parking place

 

 

 

Vehicles which may be parked in a pay parking place

8.

Mechanically-propelled vehicles of the following classes only may be parked in a pay parking place during business hours: