DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

 

 

Minutes of Meeting of County Council

 

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

 

 

on Monday, 13 March 2006 at 5.00 p.m.

 

 

PRESENT:

 

 

Bailey, J. F.

Horkan, G.

Bailey, M.

Ireland, K.

Baker, M.

Joyce, T.

Bhreathnach, N.

Kivlehan, T.

Butler, L.

Marren, D.

Childers, N.

Matthews, T.

Corrigan, M.

McCarthy, L.

Culhane, A.

Mitchell O’Connor, M

Devlin, C.

O’Callaghan, D.

Dillon Byrne, J.

O’Keeffe, G.

Fallon, C.

O’Leary, J.

Fox, T.

Regan, E.

Hand, P.

Smyth, C.

 

Apologies for inability to attend were received by Councillor Barry Conway

 

An Cathaoirleach, Councillor P. Hand presided.

 

OFFICIALS PRESENT:

 

 

Mr. O. Keegan, County Manager; Mr. E. O’Hare, Deputy Manager; Mr. G. Hayden, Head of Corporate Services; Mr. M. Gough, Ms. K. Holohan, Ms. M. Mallon, Mr. F. Austin, Directors of Service, Mr. M. Hogan, Head of Finance; Mr. D. Jago, County Architect; Ms. T. Langan, Mr. L. Monks, Senior Executive Officers; Mr. D. Irvine, Senior Planner, Mr. B. T. Elliott, Senior Executive Engineer; Mr. K. Fitzsimons, Road Safety Officer; Mr. Finbarr Murphy, Senior Staff Officer, Ms. E. O’Brien, Staff Officer.

 

C/136/06

 

A vote of condolence was also passed to An Cathaoirleach, Councillor P. Hand and his wife and family on the death of his mother-in-law Mrs O’Connor R.I.P.

 

An Cathaoirleach, the Members, the Manager and staff stood and observed one minutes silence.

 

C/137/06

 

Confirmation of Minutes

 

(a)

(b)

Minutes of County Council Meeting held on 13 February 2006 were ADOPTED.

Minutes of Special County Council Meeting held on 2 March 2006 were ADOPTED subject to the following amendment:

 

Councillor J. Bailey requested that minute number C/131/06 Display of 1916 Proclamation be changed to include the following amendment:

 

-

Table of roll call to be amended to show that Councillor J. Bailey voted against the motion

 

 

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

 

 

 

7

10

 

 

C/138/06

Questions

 

It was proposed by Councillor M. Baker and seconded by Councillor J. Dillon Byrne and RESOLVED:-

 

“That pursuant to Standing Order no. 110 question numbers A1 to A14 inclusive be ADOPTED and APPROVED.”

 

C/139/06

Council Website – Online Planning Facility

 

Question: Councillor M. Baker

 

“To ask the Manager in relation to the new online planning facility that is available on the Council’s website, which is very welcome, to provide all the planning conditions and additional information requests on a one page format rather than having to open multiple windows to access each item?”

 

Reply:

 

“The Council introduced a new on-line planning enquiry service available to its customers @ www.dlrcoco.ie with effect from 6/2/'06. This service allows Council Customers to make an enquiry regarding the current status of a planning application on line. The service is the subject of ongoing development and it is envisaged that Customers will also have access, in the near future, to the associated planning records including the planning application form and other lodged documents. It is also envisaged that by the end of this year customers will be able to submit, on-line, submissions/observations in relation to planning applications received by the Council.

 

In designing the layout & functionality of the new service the Council was anxious to maximize the user friendliness of the service and was also anxious to ensure that information was presented, and was accessible, in a non complicated and user friendly manner.

 

Having regard to the number of conditions that can be attached to a planning permission it would not be possible to contain all conditions within one window and it is considered that the present method of presenting details relating to conditions attached to permissions or additional information requested is the most suitable option.

 

However, as indicated earlier, this service is the subject of ongoing development and the comments of the Councillor are very welcome and will be taken into account in the future development of this facility.”

 

C/140/06

Provision of Public Lighting in Planning Applications

 

Question: ouncillor M. Corrigan

 

“To ask the Manager if provision of public lighting can be paid particular attention to in the consideration of planning applications as this has a crucial role to play in enhancing safety and preventing development of anti-social behaviour?”

 

Reply:

 

“The Planning Authority is mindful of the importance of public lighting being provided to acceptable standards for all new developments within the County.

 

The Planning Authority refers all planning permissions, to which the Authority considers the issue of public lighting to be relevant, to the Public Lighting Section of the Transportation Department for that Section’s views. The Planning Authority then has regard to these views in its consideration of the planning application concerned. Although not specifically mentioned in the Planning & Development Regulations, the Planning Authority requires applicants for planning permission, where appropriate, to submit a lighting scheme for the consideration of the Planning Authority.”

 

C/141/06

Water / Sewerage Schemes

 

Question: Councillor C. Devlin 

 

“To ask the Manager what water and/or sewerage schemes this Council plans to undertake over the next 24 months, where and when are they due to commence?”

 

Reply:

 
“Schemes approved in DEHLG water services investment programme 2005 - 2007

 

Scheme

DESCRIPTION

Shanganagh/Bray Main Drainage Scheme (DBO)

WWTF (Contract 1)

 

 

 

 

 

 

Bray-Shanganagh Transfer Pipeline (Contract 2)

 

 

DESCRIPTION Upgrading to meet EU Urban Waste Water Directive for sewage effluent from Shanganagh and Bray and the treating of sewage sludge

 

STATUS The pre-selection of tenderers was completed end of Feb 2006 and five applicants have been shortlisted to tender for Contract No 1 DBO

 

DESCRIPTION New Foul Rising Main between Bray and Shanganagh to transfer flows from Bray Catchment for Treatment including Construction of 5000m3 Storage Tank on old Bray Golf Club lands(Contract 2)

 

STATUS Draft Documents approved by DLRCC

Wicklow / Bray TC Part 8 planning for storm storage tank completed and given planning approval. Await Wayleaves and other planning issues. Due to begin before July 2007

 

Sandyford High Level Water Supply Scheme

DESCRIPTION Reservoirs and water distribution system to serve Sandyford

 

 STATUS The Design Review for the scheme has been completed by the Councils Consultants and it is estimated that the Scheme will go to tender October 2006

 

 

 

Glenamuck/Kilternan Drainage & Water Scheme

SLI

DESCRIPTION Sewer and watermain connecting Kiltiernan Village to existing network at Carrickmines and Ballyogan and servicing development lands at Glenamuck

 

STATUS Advanced works substantially complete. Main Scheme approved by DoEHLG and to commence March 2006 and expected to be complete by end of 2006.

 

Carysfort Maretimo Stream Improvement Scheme

DESCRIPTION Scheme to relieve flooding on stream

 

STATUS Preliminary Report Complete and await DoEHLG Approval to proceed to Detailed design stage.

 

Dun Laoghaire Drainage Scheme (Contracts 4A/B) –

Coliemore Drainage & Water

Scheme

DESCRIPTION Scheme to eliminate sea outfalls

 

STATUS Contractor has been appointed and scheme is scheduled to commence May/June 2006-

 

 

.

Shanganagh Catchment Works

DESCRIPTION Works resulting from Shanganagh Catchment Study

 

STATUS Approved to enter Planning by DEHLG requires appointment of new Consultant

Preliminary Report from RPS-MCOS Ltd with DEHLG for approval.

 

 

Dun Laoghaire Drainage Scheme (Contract 4D)

 

DESCRIPTION Works resulting from Catchment Study including Overflows and associated works West pier catchment

 

STATUS Approved to enter Planning by DEHLG requires appointment of new Consultant

Preliminary Report from PHMCC Ltd with DEHLG for approval.”

 

 

C/142/06

Tall Buildings Study

 

Question: Councillor L. McCarthy

 

To ask the Manager when can we expect the conclusion of the Tall Buildings Study?”

 

Reply:

 

“A Building Height Study for Dún Laoghaire-Rathdown could be carried out within the following indicative time frame:

 

Step One

Establish Panel of Assessors.

 

Step Two

Publish request for expressions of interest from Consultants to prepare Building Height Study, along with documentary evidence of relevant experience in National Papers and Architect’s Journal. Deadline for submissions not later than three weeks from date of advertisement. (3 weeks)

 

Step Three

Panel of Assessors to shortlist applicants not later than three weeks from closing date for expressions of interest. (3 weeks)

 

Step Four

Prepare and send briefing document to short listed applicants and request them to submit proposals including team details, methodology proposed, indicative fee and time frame/programme, not later than 8 weeks from date of shortlist preparation. (8 weeks)

 

Step Five

Not later than four weeks after receipt of proposals Panel of Assessors should shortlist applicants to attend for interview. (4 weeks)

 

Step Six

Not later than two weeks request applicants to attend for interview to select Consultants to prepare Building Height Study. (2 weeks)

 

Step Seven

Within one week of interview advertise appointment of Consultants to prepare Building Height Study for Dún Laoghaire-Rathdown and request submissions on subject within one month. (1 week)

 

Step Eight

Publication of report within 40 weeks of closing date for submissions. (40 weeks)

 

If the above timeframe were followed it would take a minimum of 61 weeks (from date of publication of advert requesting expressions of interest) to publish a Building Height Study for Dún Laoghaire-Rathdown.”

 

C/143/06

Litter Bins

 

Question: Councillor L. McCarthy 

 

“To ask the Manager is he satisfied that all litter bins meet health and safety regulations and pose no dangers to staff who are emptying them?”

 

Reply:

 

“Council workers are provided with personal protective equipment to minimise the risks associated with waste. Workers are also advised to treat all waste as having the potential to cause danger and to ask for assistance if they find materials that they believe to be hazardous.

 

The Council’s Ancillary Safety Statement addresses such issues and meetings are held with staff to discuss and review all aspects of their work.”

 

C/144/06

Ash Trays at Rear Entrance to County Hall

 

Question: Councillor L. McCarthy

 

“To ask the Manager to please place ash trays at the rear entrance to the County Hall where it is regularly littered with cigarette butts?”

 

Reply:

 

“There is an ashtray provided at the Crofton Road entrance to the County Hall. This is emptied regularly and a reminder has been issued to staff who smoke to dispose of their cigarette butts properly in the ashtray provided.”

 

C/145/06

 

The Maritime Museum

 

Question: Councillor M. Mitchell O’Connor

 

“To ask the Manager to actively investigate how this Council can help, financially or otherwise, The Maritime Museum Committee to run the museum as a viable profitable enterprise, so that the public can appreciate the wonderful history of our Maritime Museum?”

 

Reply:

 

“The Heritage Officer has arranged a meeting with representatives of the Maritime Museum Committee to see how he can assist the Museum as part of the implementation of the Dún Laoghaire-Rathdown Heritage Plan 2004-2008. An update will be provided at a future Council Meeting.”

 

C/146/06

Requests for Government Funding

 

Question: Councillor E. Regan

 

“To ask the Manager to report on the requests for Government funding by this Council for its Housing, Road Transportation & Safety, Environmental Protection and Recreation & Amenity Programmes and the extent to which such requests have been met in 2005, 2006 and where relevant 2007?”

 

Reply:

 

Housing Department -

 

Following the Government decision in 2004 to change the financial treatment of capital spending to allow for a more structured and planned approach by introducing rolling five year multi-annual envelopes for all investment areas the Department of the Environment, Heritage and Local Government required housing authorities to prepare Social and Affordable Housing Action Plans for the period 2004-2008. The Council has received approval from the Department of the Environment Heritage and Local Government for its Action Plan, which included an estimate of the financial resources required to deliver the capital works over the period of the Plan.

 

The Capital Allocation provided by the Department in 2005 was sufficient to meet the level of activity under the Social and Affordable Housing Action Plan. A submission has been made to the Department in respect of 2006 and a response is awaited, however the Department has indicated “that there is adequate capital availability to meet funding requirements for the various construction programmes and that authorities should therefore press ahead with the implementation of their programmes and need not wait for definitive 2006 allocations to do so. A similar submission will be made in 2007.

 

Transportation Department –

 

2005

 

Department of Environment, Heritage & Local Government

 

 

SCHEME

ALLOCATION SOUGHT FROM DOEHLG 2005

APPROVED ALLOCATION

2005

Dundrum Bypass

500,000

1,150,000

Wyckham Bypass Extension

1,500,000

1,387,074

Johnstown Road

900,000

820,240

Glenamuck Road North

2,400,000

1,112,926

Dundrum to Sandyford I.E. Link Road

4,300,000

 

Monkstown Ring Road

827,576

See 2006

Glenamuck Road South

200,000

 

 

 

 

TOTAL

10,627,576

4,470,240

 

GRANTS FROM DOEHLG

ALLOCATION SOUGHT

2005

AMOUNT RECEIVED

2005

Non National Roads Grant for Restoration and Maintenance

 

8,901,926

Tertiary Grant, Allocated towards the end of year

 

100,000

Low Cost Safety Improvement Grant

90,000

 

45,000

 

TOTAL

90,000

9,046,926

 

 

2005

 

National Roads Authority

 

 

SCHEME

ALLOCATION SOUGHT FROM NRA 2005*

APPROVED ALLOCATION

2005

South Eastern Motorway

 

30,000,000

Shanganagh River Management Scheme

 

1,330,000

N11/Wyattville Interchange

 

1,406,490

M50 Upgrade

 

1,500,000

Southern Cross Route

 

2,575

Ballinteer/Wyckham Bypass

 

90,935

 

 

 

TOTAL

0

34,330,000

 

* NRA allocates budget at beginning of scheme and gives annual allocation

 

 

GRANT NRA

2005

2005

National Roads Grant for Improvement and Maintenance

 

3,031,000

 

 

 

TOTAL

0

3,031,000

 

 

2005

 

Dublin Transportation Office

 

 

GRANT

ALLOCATION SOUGHT FROM DTO 2005

AMOUNT RECEIVED

2005

Traffic Management Grants

Includes QBC’s

11,169,799

4,549,330

 

 

 

TOTAL

11,169,799

4,549,330

 

 

2006

 

Department of Environment, Heritage & Local Government

 

 

SCHEME

ALLOCATION SOUGHT FROM DOEHLG 2006

APPROVED ALLOCATION

2006

Dundrum Bypass

1,000,000

 

Glenamuck Road North

1,500,000

1,500,000

Murphystown Road

800,000

800,000

Dundrum to Sandyford I.E. Link Road

1,000,000

 

Monkstown Ring Road

2,000,000

2,000,000

Glenamuck Road South

350,000

 

TOTAL

6,650,000

4,300,000

 

GRANTS

2006

2006

Non National Roads Grant for Restoration and Maintenance

 

9,205,000

Low Cost Safety Improvement Grant

145,000

86,000

Tertiary Grant, Allocated towards the end of year

 

Not Yet Notified

TOTAL

145,000

9,291,000

 

 

2006

 

National Roads Authority

 

 

SCHEME

ALLOCATION SOUGHT FROM NRA 2006

APPROVED ALLOCATION

2006

South Eastern Motorway

 

400,000

Shanganagh River Management Scheme

470,000

 

N11/Wyattville Interchange

660,000

 

M50 Upgrade

 

500,000

Extension to queuing lane from N11 onto Brewery Road

 

130,000

 

 

 

 

TOTAL

1,260,000

900,000

 

* NRA allocates budget at beginning of scheme and gives annual allocation

 

GRANTS FROM NRA

2006

2006

National Roads Grant for Improvement and Maintenance

 

2,234,295

 

 

 

TOTAL

 

2,234,295

 

 

2006

 

Dublin Transportation Office

 

 

GRANT

ALLOCATION SOUGHT FROM DTO 2006

AMOUNT RECEIVED

2006

Traffic Management Grants

Includes QBC’S

12,536,000

Decision on Application is Pending

 

 

 

TOTAL

12,536,000

 

 

Environment Department -

 

A €5 million grant was announced by the Minister For Environment for Ballyogan Organic Waste facility. It is expected that these funds will be drawn down in 2006 and 2007.

 

Costs for landfill remediation works in the County have been submitted to the DoEHLG earlier this year. The estimated costs for 2006 are €2.7 million for which grant aid was requested.

 

Funding for Waste Management Enforcement was agreed by the DoEHLG until 2009. Following a national review of operations in 2005, the grant levels were increased to 100% for the years 2004 to 2007 inclusive and then reduced to 75% and 50% in years 2008 and 2009 respectively.

 

Culture, Community Development & Amenities Department -

 

Grants applied for – Recreation & Amenity Programme

 

Year

 

Grant Received

2005

Children’s Playground

€84,000 – from grant applied for in 2004

2005

Urban Woodland

€74,000 – for Killiney Woodland

2005

Urban Woodland

€65,750 – applied for Shanganagh – not approved to date

2005

 

 

 

2006

Disability (Parks)

 

€14,000 received for (works)

€80,000 received for (audits) – no approval to date

 

€150,000 applied for (works)

 

2005

 

2006

Sports Capital

€484,000 sought and refused

 

€436,800 sought – no approval to date

 

Year

Source of Government Funding

Nature of funding

Type of proposal/project

Funding sought

Funding awarded

2005

Dublin Transportation Office

Traffic Management/Calming Grant

Cycle Track Construction at Ardglas (Dundrum), Shanaganagh Park, Loughlinstown Woods, Meadowbrook (Dundrum)

€313,500.00

 

 

 

 

€180,246.83

 

2006

Dublin Transportation Office

Traffic Management/Calming Grant

Cycle Track Construction at Ardglas (Dundrum), Shanaganagh Park, Loughlinstown Woods, Meadowbrook (Dundrum), Ashlawn, Cherrywood, Kilbogget and purchase of mechanical sweepers

€818,000.00

No response”

 

C/147/06

Development Levy Programme

 

Question: Councillor E. Regan

 

“To ask the Manager to report on the Development Levy Programme and the outturn in the first two years of the current programme in terms of budgeted levies and actual levy receipts by the Council, including any shortfall in levies payable by developers?”

 

Reply:

 

“Members at a Special Meeting of the Council held on the 21/01/2004 adopted a Development Contribution Scheme in accordance with Section 48 of the Planning & Development Act 2000.

 

The income that the Council estimates will accrue to it during the period the scheme is in operation amounts to €176,550,000. The total amount of contributions attached to final grants of permission in the period 21/01/2004 to 31/12/2005 totalled €124.8m. & the amount collected was €35.6m. It should be noted that invoices only issue in respect of developments for which Commencement Notices have been received. It should be further noted that the local authority normally enters into phasing agreements with developers in respect of major planning developments

 

The Council is satisfied that the amount provided for in the scheme will be attached as conditions to permissions granted during the period the scheme is operative and will become payable to the Council. It should be noted that the contributions that become payable to the Council on foot of conditions attached to permissions might not be actually paid during the period the scheme is operative when account is taken of the fact that the life of a planning permission is normally 5 years & the permission may not be implemented for some considerable time following its granting.”

 

C/148/06

Extension of the Luas to Cherrywood

 

Question: Councillor E. Regan

 

“To ask the Manager to report on progress in securing the extension of the Luas to Cherrywood?”

 

Reply:

 

“A Rail Order Application for the extension of the LUAS line to Cherrywood was submitted to the Minister late last year. The oral hearing in respect to this rail order was held the week of the 6th of March.”

 

C/149/06

County Development Plan Guidelines on Height and Density

 

Question: Councillor E. Regan

 

“To ask the Manager to report on the nature of and timetable for the review of compliance by the Planning Department with the County Development Plan Guidelines on Height and Density?”

 

Reply:

 

“A report in accordance with Section 15 (2) of the Planning and Development Act, 2000 on the progress achieved in securing the objectives of the development plan, including a review of the progress achieved in implementing the housing strategy will be presented to the Economic Development and Planning SPC on the 20th of March 2006 and to the Council on the 10th of April 2006.

 

The process of commissioning a study of building height in Dun Laoghaire Rathdown has started and it is anticipated that it would take a minimum of 61 weeks (from date of publication of advert requesting expressions of interest) to publish.”

 

The Department of the Environment, Heritage and Local Government, is expected to publish draft Guidelines regarding internal space standards for apartments in April 2006 and revised Residential Density Guidelines including a Best Practice Manual for residential development by the end of 2006.

 

These documents when available will inform planning and development management in the County.”

 

C/150/06

Erection of Mobile Phone Masts in the County

 

Question: Councillor E. Regan

 

“To ask the Manager to clarify the respective responsibilities of this Council and that of Central Government Departments or other public authorities, for the erection of mobile phone masts in the County, (such as that at Shankill Garda Station)?”

 

Reply:

 

“Applications for the erection or installation of mobile phone masts will be considered by the Planning Authority in accordance with the provision of the Planning and Development Acts 2000-2004, the Planning and Development Regulations 2001, (as amended) and the objectives contained in the County Development Plan 2004-2010, particularly Chapter 13, Energy and Telecommunications.

 

The Planning Code affords certain exemptions from the requirement to obtain planning permission in limited circumstances. These include the exemptions contained in Class 31 of the Planning and Development Regulations 2001 (works being carried out by Statutory Undertakers) and development works by or on behalf of a State Authority where Section 181 of part XI of the Planning and Development Act, 2000 in conjunction with the provisions of Part 9 (Article 86 and 87) of the Planning and Development Regulations 2001 govern such development.

 

Generally, it is the function of Central Government to provide the legislative framework to regulate the installation/erection/replacement of telecommunication masts. Other agencies have specific statutory responsibilities; for example, the Commission for Communication Regulation has the responsibility for monitoring levels of emissions from such equipment.”

 

C/151/06

Leased Land/Property owned by the Council

 

Question: Councillor C. Smyth

 

“To ask the Manager to list all land/property owned by the Council, which is leased?”

 

Reply:

 

Culture, Community Development & Amenities Department -

 

Leases

 

Seapoint Rugby Club, Kilboggett – Clubhouse and pitches

Blackrock Athletic Club, Carysfort Avenue – Clubhouse

Broadford Rovers, Broadford Park - Clubhouse

Shankill Tennis Club- Clubhouse

Dundrum AFC - Clubhouse

Ballinteer St. John’s - Clubhouse

Leicester Celtic Football Club - Clubhouse

Valeview Football Club - Clubhouse

Loughlinstown Community Rooms

Kingston Water Tower – Telecommunications Mast

Marlay Park - Telecommunications Mast

 

Note: Most of the tenants on Parks land have a Management Agreement/Licence not a lease

 

Economic Development & Planning Department

 

A list of property owned by the Council and leased to another party is given in the table below:

 

 

LIST OF LEASED PROPERTIES

Term of lease(years)

PROPERTY ADDRESS 1

PROPERTY ADDRESS 2

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

BALLYOGAN

1

(Address Withheld)

STILLORGAN

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

GOATSTOWN

35

(Address Withheld)

DUN LAOGHAIRE

1

(Address Withheld)

BLACKROCK

99

(Address Withheld)

CABINTEELY

Life

(Address Withheld)

SANDYFORD ROAD.

1

(Address Withheld)

RATHMICHAEL

1

(Address Withheld)

BEACON HILL DALKEY

99

(Address Withheld)

SANDYFORD

250

(Address Withheld)

SHANKILL

 3

(Address Withheld)

SEAPOINT

5

(Address Withheld)

SANDYCOVE

15

(Address Withheld)

DUN LAOGHAIRE

1

(Address Withheld)

SANDYFORD

1

(Address Withheld)

BALLINTEER

1

(Address Withheld)

CABINTEELY

35

(Address Withheld)

SHANKILL

1

(Address Withheld)

DUNDRUM

1

(Address Withheld)

SHANGANAGH CASTLE

 

The rental from the above properties amounts to €186,000.”

 

C/152/06

Leased land/property owned by the Council

 

Question: Councillor C. Smyth

 

“To ask the Manager to state the length of lease and the rent being received from all land/property which is leased?”

 

Reply:

 

Culture, Community Development & Amenities Department -

 

Property

Lease Length

Rent

Dundrum AFC – Clubhouse

35 Years

€15 Per annum

Ballinteer St. John’s – Clubhouse

35 Years

€15 Per annum

Leicester Celtic Football Club – Clubhouse

35 Years

€15 Per annum

Valeview Football Club – Clubhouse

35 Years

€15 Per annum

Loughlinstown Community Rooms

35 Years

€15 Per annum

Kingston Water Tower –Telecommunications Mast

1 Year

€20,000 Per annum

Marlay Park - Telecommunications Mast

5 Year

€20,000 Per annum

Seapoint Rugby Club, Kilboggett –Clubhouse and pitches

99 Years

-----

Blackrock Athletic Club, Carysfort Avenue – Clubhouse

35 Years

 

-----

Broadford Rovers, Broadford Park –

Clubhouse

35 Years

 

-----

Shankill Tennis Club – Clubhouse

99 Years

-----

 

Note: Most of the tenants on Parks land have a Management Agreement/Licence not a lease

 

Economic Development & Planning Department

 

A list of property owned by the Council and leased to another party is given in the table below:

 

 

LIST OF LEASED PROPERTIES

Term of lease(years)

PROPERTY ADDRESS 1

PROPERTY ADDRESS 2

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

BALLYOGAN

1

(Address Withheld)

STILLORGAN

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

GOATSTOWN

1

(Address Withheld)

GOATSTOWN

35

(Address Withheld)

DUN LAOGHAIRE

1

(Address Withheld)

BLACKROCK

99

(Address Withheld)

CABINTEELY

Life

(Address Withheld)

SANDYFORD ROAD.

1

(Address Withheld)

RATHMICHAEL

1

(Address Withheld)

BEACON HILL DALKEY

99

(Address Withheld)

SANDYFORD

250

(Address Withheld)

SHANKILL

3

(Address Withheld)

SEAPOINT

5

(Address Withheld)

SANDYCOVE

15

(Address Withheld)

DUN LAOGHAIRE

1

(Address Withheld)

SANDYFORD

1

(Address Withheld)

BALLINTEER

1

(Address Withheld)

CABINTEELY

35

(Address Withheld)

SHANKILL

1

(Address Withheld)

DUNDRUM

1

(Address Withheld)

SHANGANAGH CASTLE

 

The rental from the above properties amounts to €186,000.”

 

C/153/06

Conferences

 

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

 

(a)

 

(b)

 

(c)

 

(d)

 

(e)

 

(f)

Pathfinding Conference, A Journey of Remembering, Regency Hotel, Swords Road, Whitehall, Dublin 9, 3rd March 2006

Charles O’Conor of Ballinagare Conference, Abbey Hotel, Abbey Street, Roscommon Town, 7th – 9th April 2006

Sherkin Island Marine Station, 22nd Annual Environmental Conference, “The Cost of Waste Disposal”, Carrigaline Court Hotel, Carrigaline, Co. Cork, 4th – 5th May 2006

Kick-Off Ireland II, Heat pump, CHP & Wood Fuel Technology Conference & Business Meetings with German Manufacturers, St. Stephen’s Green Club, Dublin 2, 21st February 2006

Nuclear Energy – Yesterday’s Mistake or Tomorrow’s Solution?”, Davenport Hotel, Merrion Square, Dublin 2, 9th March 2006

Innovation Day 2006, “Better Business through Innovation”, The Helix, DCU, Dublin, 29th March 2006

 

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

 

C/154/06

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:

 

75th Anniversary of the Cork City Management Act 1929, University College Cork, Cork, 3rd December 2004

 

-

-

Cllr Denis O’Callaghan

Cllr Niamh Bhreathnach

 

South Kerry Life Education Mobile Limited, Getting a Grip 2005, “Counting the Cost”, Europe Hotel, Killarney, Co. Kerry, 6th & 7th October 2005

 

-

-

Cllr Cormac Devlin

Cllr Gearóid O’Keeffe

 

Inland Waterways Association of Ireland, Highways to Leisureways Conference, Lough Neagh Discovery Centre, Craigavon, Co. Armagh, 13th October 2005

 

-

-

Cllr Ciarán Fallon

Cllr Tom Kivlehan

 

Councillor Training Seminar, Education and Local Government, The Carraig Hotel, Main Street, Carrick-on-Suir, Co. Tipperary, 28th – 29th October 2005

 

-

-

-

Cllr Tony Fox

Cllr Larry Butler

Cllr Gerry Horkan

 

Seminar for Councillors, The Local Government Planning Service, The Clonea Strand Hotel, Clonea, Co. Waterford, 3rd – 4th February 2006

 

-

-

-

Cllr Mary Mitchell O’Connor

Cllr Tom Kivlehan

Cllr Cormac Devlin

 

Association of Municipal Authorities of Ireland, Spring Seminar 2006, Clanree Hotel, Letterkenny, Co. Donegal, 10th – 11th February 2006

 

-

-

Cllr Gerry Horkan

Cllr Larry Butler

 

Celtic Tourism Conference, Marriott Druids Glen Hotel & Country Club, Newtownmountkennedy, Co. Wicklow, 15th & 16th February 2006

 

-

Cllr Louise Cosgrave

 

 

Mid-West Regional Authority, 12th Annual Conference, “The Region and the NDP 2007-2013”, Temple Gate Hotel, Ennis, Co. Clare, 17th February 2006

 

-

-

Cllr Tony Fox

Cllr Pat Hand

 

Seminar for Councillors, The Councillor and Civic Leadership, Raheen House, Raheen Road, Clonmel, Co. Tipperary, 3rd & 4th March 2006

 

-

-

-

-

Cllr Louise Cosgrave

Cllr Cormac Devlin

Cllr Gearóid O’Keeffe

Cllr Pat Hand”

 

C/155/06

Filling of vacancy on the Transportation 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 Transportation Strategic Policy Committee as a result of the resignation of Mr. Tom Nolan. The Chambers of Commerce of Ireland have notified the Council that Mr. Chris Wood, Transport Consultant, will replace Mr. Tom Nolan from the Development/Construction sector on the Transportation SPC.

 

This report is for the information of Members.”

 

C/156/06

Filling on Vacancy on the Housing Strategic Policy Committee

 

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

 

“A vacancy arose on the Housing Strategic Policy Committee as a result of the resignation of Ms. Geraldine Dunne. The County Community Forum have notified the Council that Mr. Kevin McCorry will replace Ms. Geraldine Dunne from the Community/Voluntary/Disadvantaged sector on the Housing SPC.

 

This report is for the information of Members.”

 

C/157/06

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: 01/01/06-31/01/06

1

month =

8.33%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXPENDITURE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROGRAMME GROUP:

PAYMENTS

UNPAID

TOTAL

BUDGET

EXP. as %

 

 

 

 

BILLS

EXPENDITURE

 

of EST.

 

 

 

%

 

1

Housing & Building

683,703

495,190

1,178,893

26,423,400

4.46

 

2

Road Transportation & Safety

494,764

1,644,827

2,139,591

26,756,400

8.00

 

3

Water Supply & Sewerage

388,556

1,099,726

1,488,282

25,504,500

5.84

 

4

Dev. Incentives & Controls

300,346

41,521

341,867

8,085,200

4.23

 

5

Environmental Protection

1,203,366

2,184,565

3,387,930

58,629,000

5.78

 

6

Recreation & Amenity

977,825

497,019

1,474,844

20,804,300

7.09

 

7

Agriculture, Education,

---

---

---

---

---

 

 

Health & Welfare

288,090

11,436

299,527

6,175,500

4.85

 

8

Miscellaneous Services

295,384

446,829

742,213

9,925,200

7.48

 

9

Support Services

527,090

699,147

1,226,237

14,141,800

8.67

 

 

TOTAL:

5,159,124

7,120,260

12,279,383

196,445,300

6.25

 

 

 

 

 

 

 

 

 

 

 

 

 

RECEIPTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

BUDGET

REC. as %

 

 

 

 

 

RECEIPTS

 

of EST.

 

 

 

 

 

%

 

1

Housing & Building

 

 

1,137,832

19,092,800

5.96

 

2

Road Transportation & Safety

 

 

201,432

7,898,000

2.55

 

3

Water Supply & Sewerage

 

 

299,801

6,354,300

4.72

 

4

Dev. Incentives & Controls

 

 

52,858

2,115,900

2.50

 

5

Environmental Protection

 

 

2,165,074

35,423,500

6.11

 

6

Recreation & Amenity

 

 

227,738

3,452,100

6.60

 

7

Agriculture, Education,

 

 

---

---

---

 

 

Health & Welfare

 

 

3,635

5,746,900

0.06

 

8

Miscellaneous Services

 

 

89,524

1,789,800

5.00

 

 

SUB TOTAL:

 

 

4,177,895

81,873,300

5.10

 

 

Commercial Rates

 

 

1,130,019

77,739,400

1.45

 

 

Local Government Fund

 

 

9,208,159

36,832,600

25.00

 

 

TOTAL INCOME:

 

 

14,516,073

196,445,300

7.39

 

 

 

 

 

 

 

 

 

 

SURPLUS/(DEFICIT) at 31/01/06

 

2,236,690

 

 

 

 

 

 

 

 

 

 

 

Note 1: Unpaid bills includes goods/services ordered but not yet paid for and also commitments for major

 

payments which are paid periodically.”

 

 

 

 

 

 

C/158/06

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 the 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

 

 

£

(Names Withheld)

(Address Withheld)

25.00

31.74

(Names Withheld)

(Address Withheld)

0.05

0.06

 

DATE:

 

SIGNED:

 

 

 

 

KATHLEEN HOLOHAN

DIRECTOR OF HOUSING

 

It was proposed by Councillor B Devlin, 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/159/06

 

Proposed Disposal of Properties

 

Proposed discharging of deed of covenant between the former Dublin County Council and (Names Withheld) on lands at (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 1170

 

Proposed Discharging of Deed of Covenant between the former County Council and (Names Withheld) on lands at (Address Withheld).

 

(Names Withheld) were granted planning permission under planning reference XA-2272 of the Local Government (Planning and Development ) Act 1963-1983 for the building of houses on their land at (Address Withheld). As a condition of the grant of planning permission, (Names Withheld) were required to undertake that the lands in their ownership, as shown delineated and highlighted on Drawing No. B.S. 3004/12, would not be further developed by building thereon. To implement this condition, a Deed of Covenant was executed on the 2nd July 1983 between the former County Council and (Names Withheld) and entered as a burden on Part 3, Item 7 of Land Registry Folio No. 10878 Co. Dublin.

 

In accordance with the County Development Plan 2004-2010, lands at (Address Withheld) were zoned as Objective A – To protect and/or improve residential amenity.

 

Ownership of (Names Withheld) interest in the subject lands was transferred to (Name Withheld) in 2000 who subsequently transferred his interest in the subject lands to (Name Withheld) in 2003.

It has been requested that the Council execute the appropriate Deed of Discharge of the burden on the title to the property. In the High Court Judicial Review between Langrath Properties Limited and Bray Town Council, the Justice ruled, inter alia, that ‘when the proper planning of the area no longer requires that the restriction be retained the land must be freed of all impediment to development’.

 

The Council’s Law Agent has advised that the Council has no option but to formally discharge this Covenant. All costs and expenses of the Council are payable by the applicant.

 

Accordingly, it is proposed to discharge this Covenant on lands at (Address Withheld), as shown delineated on Drawing No. B.S. 3004/12 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 _________ 2006”

 

 

Following discussion, during which Mr. Louis Monks, Senior Executive Officer, responded to Members queries, the Members AGREED to DEFER this item to the April meeting of the County Council.

 

C/160/06

Draft Variation No. 1 of the 2004 - 2010 Development Plan (Rezoning of site at Pembroke Cottages, Dundrum from 'MTC' to 'A')

 

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

 

Proposed Draft Variation No. 1 of the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010

 

Report of the Manager of Dun Laoghaire Rathdown County Council on all submissions/observations received in relation to draft of proposed Variation No. 1 of the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010.

 

At its meeting of 12th December, 2005, the County Council agreed to commence the statutory process for the variation of the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010. Notice of the preparation of the draft of the proposed variation was published in the Irish Times on 19th January, 2006 and a copy of the draft was put on display in the County Council’s offices at County Hall, Dun Laoghaire, Dundrum Office Park, Dundrum and all branches of the Dun Laoghaire Rathdown Library Service from Thursday 19th January, 2006 to Friday 17th February, 2006 (inclusive).

 

In accordance with Section 13 (2)(a) of the Planning and Development Act, 2000, a copy of the notice of the preparation of the draft variation together with a copy of the draft was served on the prescribed bodies.

 

During the statutory four week public display period, 4 submissions were received from Prescribed Bodies. None of the prescribed bodies had any objection to the proposed variation. No other observations / submissions were received.

 

It is recommended therefore, that the proposed Variation to the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010 by the proposed rezoning of a site at Pembroke Cottages, not directly fronting onto Dundrum Main Street (i.e. numbers 1, 2, 3, 8, 9, 10, 11, 12, 13, 19 & 20), from Objective ‘MTC’ (To Protect, Provide for and / or improve major town facilities) to Objective ‘A’ (to protect and / or improve residential amenity) be made without amendment, by adoption of the following resolution:

 

RESOLUTION

 

It is proposed that pursuant to Section 13 of the Planning and Development Act, 2000 that Dun Laoghaire Rathdown County Council, being the Planning Authority for the County of Dun Laoghaire Rathdown having published a notice of a draft of a proposed Variation of the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010 relating to the proposed rezoning of a site at Pembroke Cottages, not directly fronting onto Dundrum Main Street (i.e. numbers 1, 2, 3, 8, 9, 10, 11, 12, 13, 19 & 20), from Objective ‘MTC’ (to protect, provide for and / or improve major town facilities) to Objective ‘A’ (to protect and / or improve residential amenity) and having taken into account submissions and observations received, in accordance with the provisions of Section 13 of the Planning and Development Act, 2000 make the Variation to the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010 as set out on Variation Map Number 1, dated 19th January, 2006 annexed to this report which has been signed for identification purposes by An Cathaoirleach of the County Council and by the Manager, Dun Laoghaire Rathdown County Council and it is further resolved that the seal of the Council be affixed to the Variation and that the necessary notices of making the Variation be published in accordance with the requirements of the Planning and Development Act, 2000 and that the Variation be called:

 

“Dun Laoghaire Rathdown County Council, Variation of the Dun Laoghaire Rathdown County Development Plan, 2004 - 2010, (No. 1, 2006).

 

 

Variation No. 1

 

2004 – 2010 Dun Laoghaire Rathdown County Development Plan

 

Rezoning of a site at Pembroke Cottages, not directly fronting onto Dundrum Main Street (i.e. numbers 1 ,2, 3, 8, 9, 10, 11, 12, 13, 19 & 20)

from Objective ‘MTC’ (to Protect, Provide for and / or Improve major town facilities) to Objective ‘A’ (to protect and / or improve residential amenity).

 

Manager’s Report

 

List of persons who made submissions:

Eastern Regional Fisheries Board.

Health & Safety Authority.

South Dublin County Council.

An Taisce.

 

Summary of issues raised in the submissions:

-

-

The submissions state that they have no objection to the proposed rezoning.

That the cottages directly onto main street which are not part of proposed variations are not considered any less worthy of conservation or preservation than residential cottages all of which are protected structures.

 

Managers response to issues raised:

The proposed variation relates only to the zoning objective change from ‘MTC’ to ‘A’ in respect of the Pembroke Cottages, not directly fronting onto Main Street and does not have any implications for the protected structure status of any of the cottages. As no objections were received it is recommended to proceed with the variation as displayed.

 

______________________

Denise Doherty

Senior Planner”

 

The resolution was CARRIED.

 

C/161/06

Cathaoirleach’s Business

 

The Members AGREED to request from An Cathaoirleach, Councillor P. Hand to hold a Council Meeting in Marley Park House.

 

C/162/06

Extinguishment of Public Right of Way at 62 Stillorgan Heath

 

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

 

Extinguishment of Public Right of Way at 62 Stillorgan Heath

 

 

Proposed extinguishment of Public Right-of-Way over footpath and portion of grass margin at the side of 62 Stillorgan Heath, Stillorgan, Co. Dublin

 

The Public Consultation process to extinguish the public right-of-way over the footpath and a portion of the grass margin at the side of No. 62 Stillorgan Heath, Stillorgan commenced on the 16th March, 2005 with the erection of site notices at both ends of the strip of land and the placing of an advertisement in a local newspaper advising that the County Council was considering the extinguishment of the right-of-way over the footpath and portion of grass margin at this location.

Objections to or representations regarding the proposed extinguishment were invited and the closing date for the receipt of submissions was Wednesday, 27th April, 2005.

 

By the closing date described above there was a considerable volume of correspondence. The County Council received a petition signed by 206 residents, 102 standard letters and 14 individual letters of objection from the Estate residents and 65 objections in standard format from the people with addresses outside the estate. In accordance with the procedure set out in Section 73 of the Roads Act, 1993, any person who wished to state their case at an Oral Hearing could request same in writing before the closing date of 27th April, 2005. The Applicants for the extinguishment, one party in support of the proposal and 7 objectors requested an Oral Hearing by the closing date. These hearings were held on the 13th & 14th July, 2005 at the County Council Offices in Dundrum. Mr. Des Taylor former Principal Officer with Dún Laoghaire-Rathdown County Council presided over these proceedings and a copy of his report is circulated herewith.

 

A report on the proposal was CONSIDERED by the Dundrum Area Committee at its meeting on the 26th September, 2005. The report of the Manager was NOTED. It was proposed by Councillor M. Corrigan, seconded by Councillor T. Fox and agreed that the Transportation Department would contact the Community & Enterprise Department and request that they mediate on the matter. An update report to be brought to the October Meeting of the Dundrum Area Committee (Transportation & Economic Development and Planning).

 

The update report requested was presented to the Dundrum Area Committee at its meeting on the 24th October, 2005. The report was read to the meeting and a discussion followed during which Ms. B. Gilligan and Mr. T. Hannon replied to Members queries. The Members were advised that all parties had been offered mediation at an earlier stage during the Oral Hearing process and this offer was not accepted. Following the September Meeting of the Dundrum Area Committee mediation was again offered to all the parties and only the Applicants for the extinguishment were agreeable

 

The Report of the Manager was NOTED. It was AGREED that the County Council would NOT proceed with the extinguishment of this public right-of-way.

 

That this Council, having considered the Managers report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dundrum Area Committee arising from its meeting on the 24th October, 2005, hereby RESOLVE NOT to extinguish the public right-of-way over the footpath and portion of grass margin at the side of No. 62 Stillorgan Heath, Stillorgan, Co. Dublin.

 

Proposed Extinguishment of Public Right of Way at the side of No. 62 Stillorgan Heath

 

 

Report on Oral Hearings

 

The Oral Hearings on this case were held on 13th and 14th July 2005 at the County Council’s offices in Dundrum. A total of nine parties attended – the proposers of the extinguishment, one supporting party and seven parties who opposed the proposal.

 

The residents of No. 62, who were requesting the extinguishment, had already purchased a strip of land at the side of their home, which included the existing public footpath and part of the existing grass margin. They had purchased this land from the original developer of the estate who was still the owner, despite the fact that footpaths and grass margins in the estate had been taken in charge by the County Council. The residents of No. 62 intend to build an extension at the side of their house which will cover some or all of the land from the existing side wall of the house to a line 1.2m in from the existing kerb and to construct a replacement footpath on this 1.2m strip.

 

The County Council has maps, drawings and photographs to illustrate these plans. The side of No. 62 is near the end of a hammer head cul-de-sac in the Stillorgan Heath Estate.

 

The reason for which the residents of No. 62 went to build the extension is to provide more adequate accommodation for their large family, which consists of the parents and ten children. They also state that they may need to accommodate the children’s grandmother at some stage in the future.

 

The hearing heard conflicting evidence on the relative use of this hammer head cul-de-sac and the footpath and grass margin by the residents of the estate. The proposers and supporting party who attended the hearing stated that the area was largely unused by the residents and that the greater good would be served by allowing the extinguishment and subsequent house extension, subject to planning permission, to accommodate the family rather than allow the strip of land to ‘lie idle and useless’. The applicants stated that they don’t really have an alternative way of providing the extra accommodation as there is a kitchen extension in their back garden and no room for any further building there and that moving house is not an alternative as some of their children are settled in school and have friends locally. Also they would have to move to the country to find a big enough house.

 

However, the six parties of objectors who attended each stated that the cul-de-sac, including the relevant strip of footpath and grass margin, was used by the residents and especially by children playing ball and other games there. It was a relatively safe area for the children who could be overseen by their parents in the houses opposite the relevant strip of ground.

 

It is difficult to determine the extent of the usage of this area by residents, including children, in view of this conflicting evidence but I think it is reasonable to conclude that it is used from time to time, especially by children playing, and that this must be a factor to be considered when deciding on a recommendation to the Council.

 

The question of the safety of the children playing in the area then arises and also the safety of other road users, pedestrians and drivers. As it is at the end of the cul-de-sac, the volume of traffic is relatively low and would mainly consist of cars owned by the residents of the four houses nearest the end and their visitors together with the normal volume of delivery, service and emergency vehicles. Evidence was given that one or two cars are sometimes parked in the hammer head.

 

The objectors claim that the area is relatively safe at present because there is good visibility and sight lines and that drivers in driving forward, turning or reversing, can clearly see pedestrians, including children in the immediate area and take the necessary care. They further claim that the existing footpath and grass margin, most of which it is proposed to remove, offers a buffer zone of safety and gives drivers more time to react, say to children dashing from the footpath onto the road. They state that this will all be changed if the extinguishment is granted and the proposed extension to No. 62 is constructed. Even if the extension is not built for whatever reason, they state that the incorporation of the strip into the curtilage of No. 62 and the building of a side garden wall at the edge of the strip will have the same effect, namely, restricting visibility for all road users and thereby reducing the level of safety.

 

As the proposers of the extinguishment claim that the area is seldom, if ever, used, they state that it does not present a safety risk for road users.

 

Again there is conflicting evidence on usage and road safety. As a conclusion has already been reached above that there is an element of usage of the area in question, it must now be concluded that there is an increase in the risk of the safety of the various road users. How serious this is may be a matter of opinion, the proposers considering it not serious or even non existent while to the residents who object, especially the residents most affected who live nearest the area, it is a very serious matter indeed and they left the Hearing in no doubt as to the strength of their feelings on this particular issue.

 

A common theme among all the objects at the Hearing was that this section of the footpath and grass margin was an integral part of the Estate, a public amenity since they first bought their houses and that it would be most inappropriate and incongruous to construct an extension to a private dwelling on it. It would detract from the integrity of the Estate and their general enjoyment of it, both visually and physically. They also feared that it would be a precedent for similar developments in the Estate. There are at least two other houses that side on to the roadway at the end of cul-de-sacs in the Estate and a large number of other houses siding on to the roadway at different locations. Despite the County Council’s position that any future application will be treated on its merits, nevertheless precedent is an important factor in arriving at County Council decisions.

 

The statistics of the correspondence in the file on this issue are interesting. Apart from the correspondence from the residents of No. 62, there are also supporting letters from their Planning Consultant and one of the residents. Three other residents have written ‘no objection’ letters.

 

On the objectors’ side, there is a petition signed by 206 residents, 102 standard letters and 14 individual letters of objection from the Estate residents and 65 objections in standard format from people with addresses outside the Estate.

 

Another issue that was brought up at the Hearing, by all the objectors, was a perceived lack of consultation with the residents by both the applicants and the County Council. While this was not strictly an issue for the Hearing, there is a lesson to be learned from it, especially by the County Council, before entering or being brought into a similar situation in the future.

 

The final position of the residents of No. 62 is that the objections to the proposed extinguishment are unwarranted and that the fears expressed by the objectors are exaggerated and out of proportion.

 

Having studied the files, inspected the site, held the Oral Hearing and considered all matters raised by all the parties, I recommend that the County Council should not proceed with the extinguishment of this public right of way.

 

Signed: J.D. Taylor

Date: 31/08/05”

 

 

C/163/06

Second Scheme of Priorities for the assessment of Architectural Conservation Areas

 

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

 

Second Scheme of Priorities for the assessment of

 

 

Architectural Conservation Areas

 

 

The first scheme of priorities adopted in March 2004 commenced the process required under the Planning and Development Act, 2000 in respect of the adoption of Architectural Conservation Areas. Eleven areas were included under the first scheme and the first six of those are now on public display.

 

The second Scheme of Priorities described here sets out the proposed Architectural Conservation Areas, which have been nominated by the Conservation Division for assessment in 2006/7.

 

It is proposed to outsource the assessment of all the areas as the workload required would prevent the Conservation Division from fulfilling its other duties such as assessing Planning Applications, processing Declaration requests and the administration of the Councils’ Conservation Grant Scheme for Protected Structures.

 

An amount of € 25,000 was adopted in the 2006 estimates to enable the Council engage consultants to carry out Phase I (Architectural Inventory & Character Appraisal) for a further 5 areas.

 

The 5 areas proposed are as follows:

 

Map 1

(Address Withheld)

Map 3

(Address Withheld)

Map 4

(Address Withheld)

Map 5 

(Address Withheld)

Map 9

(Address Withheld)

 

Phase 2, the public display will follow.

 

_________

Julie Craig

Acting Conservation Officer”

 

C/164/06

Ministerial/Departmental Correspondence

 

The following items of correspondence, which had been circulated to the Members, were CONSIDERED and NOTED:-

 

(a)

Letter from the Department of the Environment, Heritage and Local Government, dated 14 February 2006, regarding training programme for elected Members of Strategic Policy Committees.

 

 

C/165/06

Other Correspondence

 

The following items of correspondence, which had been circulated to the Members, were CONSIDERED and NOTED:-

 

(a)

 

(b)

 

(c)

 

(d)

Letter from the European Commission, Representation in Ireland, dated 1 February 2006, regarding a White Paper on a European Communication Policy

Letter from North Tipperary County Council, dated 1 February 2006 regarding a notice of motion on the Hanley Report.

Letter from Portlaoise Town Council, dated 20 February 2006, regarding a notice of motion on medical card holders.

Letter from South Tipperary County Council, dated 22 February 2006 regarding a notice of motion on voluntary housing sector tenants.

 

C/166/06

Policy in Relation to Village Improvement Programme

 

It was proposed by Councillor E. Regan and seconded by Councillor L. Butler:-

 

“That the Manager review/examine policy in relation to the current Village Improvement Programme drawn up for the County, and report on the implementation of this programme to date, the funding required to fully implement the programme and the allocation or lack thereof of central Government funding for the programme’s implementation.”

 

Following discussion, during which Mr. M. Gough, Director of Economic Development and Planning, responded to Members queries the motion was AGREED.

 

C/167/06

Policy in Relation to Abuse of Granted Planning Permissions

 

It was proposed by Councillor L. McCarthy and seconded by Councillor A. Culhane

 

“That this Council review/examine policy in relation to developers who abuse granted planning permissions. That we implement and enforce more substantial fines especially when mature trees are removed and all other areas that are in breach of the planning permission given.”

 

Following discussion, during which Mr. M. Gough, Director of Economic Development and Planning, responded to Members queries the motion was AGREED.

 

C/168/06

Suspension of Standing Orders

 

It was AGREED to suspend Standing Orders at 6.15 p.m. to discuss two motions handed up from the floor.

 

It was proposed by Councillor L. Butler and seconded by Councillor E. Regan and AGREED:-

 

“That Manager write to the Minister and An Phost regarding the lack of postal delivery throughout the County of Dun Laoghaire-Rathdown and to invite a representative of An Post to a future meeting of the Council.”

 

The following motion in the name of Councillor K. Ireland was WITHDRAWN:-

 

“That the Manager explain the continuing and unacceptable delay in bringing before Council the Dun Laoghaire Traffic Management Plan.”

 

C/169/06

Green Bin Charge

 

It was proposed by Councillor T Kivlehan and seconded by Councillor C. Fallon:-

 

“That the Manager withdraw the charge for the green bin only collection.”

 

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

 

“The green bin service caters for 64,370 households. The Council expected to spend €5.75m. on the Oxigen Green Bin service for 2005. The costs of this service were included in the income to be recouped by and large from Household Waste Charges for 2005. When the Household Waste Charges budget for 2005 was adopted there was only a small number of households permitted to opt out of the Council’s Refuse Collection and disposal service. In 2005, there was an increase in the number of households who opted out. This had implications for the income generated from Household Waste Charges budget for 2005.

 

It was recognised that most of the households who chose to opt out of the Council’s refuse collection and disposal service would wish to continue using the green bin service for dry recyclables. The Council was faced with two options, either to charge the cost of the green bin service for opt-outs to those households who were already paying their charges to avail of the Council’s waste service, or to charge the households who were availing of the green bin service only and who were not paying Household Waste Charges.

 

Following a review of the green bin service for opt-outs for 2005, it was agreed to facilitate householders who wanted to use a green bin only. The making of a charge in respect of the provision of waste services is an executive function of the County Manager in accordance with Section 75 of the Waste Management Act 1996 to 2003. The Council introduced a new charging mechanism for 2005 for these householders as follows:

 

“A Household Green Bin Charge shall be applied to each household which has been permitted by the Council to opt out of the Council’s refuse collection and disposal service and who wishes to avail of the Council’s Oxigen green bin service. The Household Green Bin Charge of €100.00 per household per annum shall apply from 1st January 2005 for householders who use the green bin service only. The charge shall be payable by and recoverable from each such householder in lieu of the Environmental Waste Charge. Notifications will issue to householders in receipt of a green bin service who have opted out of the Council’s refuse collection service advising them of the Household Green Bin Charge.”

 

In preparing the budget for 2006, the matter of funding the provision of recycling services for all households, including opt-outs from any element of our services, has been reviewed. It has been decided that all households will be charged for the provision of the Council’s waste services for households. This means that all households will have to pay, as a minimum, the standing charge element for waste services, subject to two exceptions listed below:

 

(1)

(2)

Where a 100% waiver of standing charge is granted under the Council’s Waiver Scheme or

Where a householder satisfies the Council that they are in receipt of a source separated household waste collection service (i.e. a grey/black bin and green bin collection) provided by a permitted waste collector.

 

Accordingly, for households who have opted out of the Council’s black bin service in 2005, the Environmental Waste Charges standing charge element of €80 for waste services will apply for 2006 and the green bin charge will be discontinued.”

 

It was AGREED that the motion should be re-worded and submitted by Councillor Kivlehan for the April County Council Meeting.

 

C/170/06

Public Liability Insurance Cover for Outdoor Events

 

It was proposed by Councillor G. O’Keeffe and seconded by Councillor M. Baker:-

 

“That the Manager review and revise the public liability insurance cover for outdoor events and introduce a sliding scale which encourages and does not mitigate against locally organised sports days.”

 

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

 

“This issue has been discussed with the Council’s insurers Irish Public Bodies who have strongly advised that public liability insurance at a level of €6.4m should be requested for all such events. This limit is based on IPB’s long history of claims experience. IPB has also advised against a graded system of indemnity, as no matter how small or large the activity is there is always the potential risk of a serious personal injury claim or claims arising.

 

The Council would be very remiss if it did not act on the advice of its own insurance adviser and could potentially expose itself to a major residual financial risk in the event of an accident occurring at an event organised on Council property, where the Council has under-insured the Public Liability risk. It is therefore not intended to revise the Council’s insurance requirements as set out in the above motion.

 

At the same time the Council does not wish to discourage legitimate use of its facilities by community, residents and other groups. We are exploring ways in which appropriate insurance cover can be accessed by these groups at a reasonable cost.”

 

C/171/06

Height and Density Guidelines

 

It was proposed by Councillor M. Mitchell O’Connor and seconded by Councillor K. Ireland:-

 

“That given the public's disquiet and many of the elected Councillors expressed concerns regarding the Height and Density Guidelines of the current Dún Laoghaire-Rathdown Development Plan that the Manager reports to this Council on how he intends rectifying this situation.”

 

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

 

“The Economic Development and Planning Department has commenced the preparatory work for an independent study on building height in Dún Laoghaire-Rathdown. This process will commence with a public advertisement inviting expressions of interest in preparing this study in association with Dún Laoghaire-Rathdown County Council. This study will inform future Council policy in relation to building height within the County.

 

The Economic Development and Planning Department is currently in the process of preparing a report to the members on the progress achieved in securing the objectives of the Development Plan in accordance with Section 15(2) of the Planning and Development Act, 2000. This report will include a review of the progress achieved in implementing the housing strategy and where the report indicates that new or revised housing needs have been identified, the manager may recommend that the housing strategy be adjusted and the development plan varied accordingly.

 

It is intended that this report will be presented to the March meeting of the Economic Development and Planning Strategic Policy Committee and to the April Council Meeting.

 

It is also expected that Draft Ministerial Guidelines regarding internal space standards for apartments will be issued by April 2006 and that these standards will also inform Council policy in relation to apartment development.

 

The Department of the Environment, Heritage and Local Government (DOEHLG) intend to publish revised Residential Density Guidelines including a Best Practice Manual for all residential development by the end of 2006. Dún Laoghaire-Rathdown County Council will assist the DOEHLG in the preparation of these guidelines and will take whatever steps are necessary to incorporate their recommendations into Council policy.

 

Notwithstanding the above, the County Development Plan 2004-2010 sets out policies in relation to building height (REG1: Building Height and Scale). It also includes a section which sets out the objectives and principles of urban design which are applied throughout the County in the assessment of development proposals. Policy REG1 in relation to building height and scale states “In evaluating the scale and height of proposed developments, it is Council policy to balance the strategic planning need to make the most efficient use of each site with the visual impact of the proposal and its effect on existing amenities, particularly residential amenities.” The objective is “That the proposed development is either capable of being absorbed into its physical context, or alternatively, is clearly demonstrated to be of such a high quality of architectural merit and design that it makes a positive visual contribution to the existing environment.”

 

Dún Laoghaire-Rathdown County Council assesses proposals for high buildings in terms both of the contribution and any adverse impacts which they may bring, and against the most demanding standards of quality.

 

The assessment of all planning applications and the subsequent decisions are fully informed by the policies and objectives of the County Development Plan including the policy in relation to building height and design.

 

It is considered that the 2004-2010 County Development Plan provides a strategic framework policy on building height and urban design which reflect current national and regional guidelines, including the Residential Density Guidelines. Current practice and policy in Dún Laoghaire-Rathdown is similar to the policies and objectives of the other Planning Authorities in the Dublin Region.”

 

Following discussion, during which Mr. M. Gough, Director of Economic Development and Planning responded to Members queries, the motion was AGREED.

 

C/172/06

Revenues Raised from Pay & Display Parking Scheme

 

It was proposed by Councillor D. O’Callaghan and seconded by Councillor N. Bhreathnach:-

 

“That the Manager prepare a full and comprehensive report for discussion at this Council meeting regarding revenues raised from the Pay & Display Parking Scheme, mindful of a motion passed at a meeting of Council to discuss this matter further.”

 

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

 

“The Pay and Display Parking Scheme was introduced in the Dún Laoghaire, Blackrock and Booterstown areas in March 2002 and subsequently extended to Seapoint, Monkstown, Dalkey and Dundrum. Up to September 2004 the enforcement of the Byelaws was carried out by Wardens under the direct control of the Garda Siochana.

 

Contractors were appointed in September 2004 to supervise and enforce the Parking Byelaws and as a result the compliance rate has increased from 40% to 75%. In addition a firm of solicitors have been appointed to prosecute offenders for non-payment of parking fines and while this appointment may not be a significant revenue generator it should ensure a further increase in compliance by the motoring public.

 

Nett income for 2005 was €656,800 taking into account the transfer of €1.5m to the revenue budget 2005 as agreed by the Council.

 

However a review of the Pay and Display Parking Scheme is currently in progress and the consequence of this review may well be that the scheme will be extended into other areas of the County. Should this happen it would entail an increase in the cost of enforcement, cash collection, signing and lining etc., and capital expenditure for Pay and Display machines as well as a potential increase in income.

 

Accordingly, having regard to the above it is not possible at this time to project an accurate nett income for 2006. However, a provision has been made for the transfer of €1.5m to the revenue budget for 2006 as approved by the Council at the Estimates Meeting in January 2006 and it is anticipated that this figure will be at least achieved.

 

It should be clearly understood that nett parking fees from a Pay & Display scheme shall be disposed of in such a manner as the Roads Authority may, by resolution, determine. Such a resolution is adopted at each Budget Meeting.”

 

Following discussion, during which Mr. E. O’Hare, Director of Transportation responded to Members queries, the motion was AGREED.

 

C/173/06

Dominican Montessori Pre-School

 

It was proposed by Councillor N. Bhreathnach and seconded by Councillor C. Devlin

 

“That this Council calls on the Department of Justice, Equality and Law Reform, to continue supporting the Dominican Montessori Pre-School by renewing its grant under the Equal Opportunities Childcare Fund.”

 

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

 

“If the motion is passed, the Council will write to the Department of Justice, Equality and Law Reform on the terms set out in the motion.”

 

C/174/06

Development of Mews Laneways

 

It was proposed by Councillor J. Dillon Byrne and seconded by Councillor E. Regan

 

“That the Manager now commence preparation on a scheme which will realistically address the current needs which are preventing this planning authority addressing the stated policy of the development of mews laneways in the designated areas with the current Development Plan 2004 of this authority.”

 

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

 

“Sections 4.6, 5.2.5 & 5.5.5 of the Dún Laoghaire-Rathdown County Development Plan 2004-2010 refer to the development of laneways which are an under-utilised but potentially valuable resource.

 

In general, these laneways are in private ownership. However, the County Development Plan encourages their development and show possibilities for development which are acceptable to the planning authority.

 

Section 5.5.5 of the Development Plan states that mews lane development will generally be acceptable when located on a laneway that has:

 

-

“A legally acceptable agreement between owners or interested parties who intend to bring the laneway to standards and conditions suitable to taking in charge by the Council. The onus will be the applicant to demonstrate that they have a consensus of owners or interested parties.

-

Where the Council is likely to be able to service within a period of not more than seven years and where owners can be levied to allow the Council to service the sites, or,

-

-

Is already adequately surfaced and serviced from the site to the public road or,

Is already developed to such an extent that further development would have to be regarded as infill”

 

A planner is available to meet property owners to discuss proposed or potential mews lane developments and possible planning applications / submissions.

 

Several planning permissions have been granted and informal discussions have taken place with individual property owners.”

 

Following discussion, during which Mr. M. Gough, Director of Economic Development and Planning responded to Members queries, the motion was AGREED.

 

C/175/06

Dublin Bus – 45A Service

 

The following motion was MOVED by Councillor C. Devlin and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That this Council writes to Dublin Bus and asks them why their 45A service from Ballywaltrim does not begin until 11am on a Sunday morning and that they seek to immediately change it as it hampers commuters getting to work on time and prevents them from taking public transport to work on that particular day.”

 

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

 

“If this motion is passed, a letter will issue to Dublin Bus regarding their 45A service from Ballywaltrim.”

 

C/176/06

Local Area Plans – Incorporation of Heating Requirements

 

The following motion was MOVED by Councillor C. Fallon and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That Dún Laoghaire-Rathdown County Council incorporates the following in local area plans;

(a)

all new buildings shall have an annual heating requirement (space and water heating) not exceeding 50 kWh/m2 of useful floor area; and

(b)

all new buildings shall utilise renewable energy supply systems to meet at least 30% annual heating requirements.”

 

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

 

“A sustainable energy policy will be included in the draft local area plans, the department is currently examining policies being implemented by other local authorities.”

 

C/177/06

Peoples' Park - Gates and Gate Lodge

 

The following motion was MOVED by Councillor M. Mitchell O’Connor and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That this Council adds to the list of protected structures the gates and gate lodge in the Peoples' Park.”

 

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

 

“The items referred to above are protected, as they are located within the curtilage of the Pavilion (the tea rooms), which is listed in Schedule 2, of the Record of Protected Structures in the County Development Plan 2004-2010.

 

The Planning & Development Act 2000, defines the term Protected Structure as –

(i)

(ii)

(iii)

(iv)

the interior of the structure

the land lying within the curtilage of the structure

any other structures lying within that curtilage and their interiors, and

all fixtures and features which form part of the interior or exterior of any structures or structures referred to in subparagraph (i) or (iii)

 

The People’s Park is also one of the Conservation Areas listed in Schedule 3, of the County Development Plan, and as such any proposed works must be accordance with Section 10.3.3 Policy CA1: Conservation Areas, of the Dún Laoghaire-Rathdown County Development Plan 2004-2010.”

 

C/178/06

Tagged Bag Collection

 

The following motion was MOVED by Councillor M. Baker and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That the Manager would implement a system which allows householders in certain areas to opt out of the wheeled bin collection in favour of a tagged bag collection. That this be allowed for those residents who cannot easily store a black bin due to lack of front garden or access to a back garden. And furthermore that these tags be readily available in local shops.”

 

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

 

“The Council has operated a wheeled bin system over the majority of the County since 2000. At that time wheeled bins were delivered to the majority of properties and only those premises which were deemed unsuitable for wheeled bins remained on bags. These premises were mainly located in the centre of Dundrum, Dalkey Blackrock and Dun Laoghaire. Many other premises in these urban areas valued the advantages of the wheeled bin system and use them. It is worthwhile noting that neither Fingal Co. Co. nor South Dublin Co. Co. operate a bagged collection system.

 

The Council does not propose to increase bag usage as the system can generate severe litter issues when problems arise. Properties that have restricted space occur in all areas and residents have come to terms with storage issues that arise in relation to all matters - fuel, refuse, cycles, prams etc. Householders using wheeled bins can also avail of the Pay By Weight system of charging.

 

Arrangements have been made for the sale of labels to householders on a bagged collection. Labels are available for sale at the Finance Cash Office, County Hall (opening hours 10.00am to 4.00pm.) and at the Dundrum Cash Office (opening hours 9.30am to 12.30pm and 1.30pm to 3.30pm.) The Council also facilitates householders by issuing labels in the post to householders who send in cheque payments plus postage to Dun Laoghaire-Rathdown County Council Waste Charges, Finance Department, County Hall, Marine Road, Dun Laoghaire.

 

The sale of tags through local shops would not be cost effective and the householders concerned would have to bear the costs involved. The sale of tags through retail outlets could add up to a further 20% mark up due to the small volume of sales that will arise. Costs associated with setting up the facility, transaction fees and additional administrative controls would add to the cost of tags sold in retail outlets and for these reasons it is not proposed to change the present system of selling tags.”

 

C/179/06

Disposal of Council Land

 

The following motion was MOVED by Councillor G. O’Keeffe and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That the Manager revokes the Section 84 disposal of Council land to Stillorgan Enterprises Limited as per condition 3 of the disposal agreement (reference C/786/03).”

 

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

 

 

The Council at its meeting of 10th November, 2003 approved by resolution the disposal of Council owned land to Stillorgan Enterprises Limited subject to the provisions of Section 183 of the Local Government Act, 2001. Condition No. 3 of the disposal notice referred to the making of a planning application by Stillorgan Enterprises Limited, and the Council consenting to the submission of this application as the owner of land to which the application relates.

 

Condition No. 7 of the disposal notice states that “these terms and conditions are subject to the requisite approvals and consents being obtained.”

 

The County Council as Planning Authority subsequently granted a planning permission to the applicant, Stillorgan Enterprises Limited on 24th March, 2005 under register reference D04A / 1254. This planning permission was appealed to An Bord Pleanala. The Board upheld the appeal on the 7th October, 2005 and refused permission for the proposed development.

 

As there is now no current planning permission attaching to this site the proposals and provisional agreement entered into by the County Council with Stillorgan Enterprises Limited on foot of the County Council’s disposal resolution of 10th November, 2003 are no longer operable.

 

The County Council has written to the applicant formally terminating the conditional agreement to dispose of the lands adjacent to Stillorgan Leisureplex to Stillorgan Enterprises Limited.”

 

C/180/06

Procedures/Bye Laws – for cutting down of trees/branches of trees or hedges

 

The following motion was MOVED Councillor E. Regan and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That the Manager report on the procedures/Bye Laws in place for the cutting down of trees, branches of trees or hedges which obstruct road signs, lights or visibility of motorists and to bring forward proposals to the Council for a revision of such procedures and/or Bye laws which will allow the Council to act more promptly to remove or secure the removal of any such obstruction.”

 

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

 

“When it comes to the attention of the Council that private trees/shrubbery/hedges are oversailing the public road or obstructing road signs, lights or visibility the owner/occupier is first contacted requesting the cutting back of the trees/ shrubbery/hedges. If no action is taken a letter issues to the Owner/Occupier to cut back. If the problem is still not rectified the Council may carry out the work and recoup the costs from the owner/occupier. Section 70 of the Roads Act 1993 gives the Local Authority the power to serve a notice on the owner/occupier.

 

However where there is an immediate danger to the public the Act gives power to the Local Authority to take prompt action and recover any costs incurred and this power has been used by the Council when circumstances required it. This provision in the Act is deemed sufficient to deal with any immediate danger to the public and accordingly a review of procedures is not necessary.”

 

C/181/06

Waste Charges Waiver for Senior Citizens

 

The following motion was MOVED by Councillor C. Devlin and seconded by Councillor P. Hand WITHOUT DISCUSSION:

 

“That this County Council implement a complete waiver for the Waste Charges for senior citizens and for those on Social Welfare as was done up to 2004.”

 

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

 

“The making of a charge for the provision of waste services and the power of waiver of any such charge are executive functions in accordance with Section 75 of the Waste Management Act 1996 to 2003 and are not reserved functions of the Council.

 

In accordance with Section 75 (9) of the Waste Management Act 1996 to 2003, Councillors do not have any authority or power to change or vary the waste charges and waiver scheme put in place by the Manager in December 2005.

 

The Manager determined the Environmental Waste Charges and Waiver Scheme by Manager’s Order dated 16 December 2005. Under the waiver scheme, households will qualify if the sole household income is any one of the following: Contributory or non-contributory old age or widow’s pension, invalidity pension, unemployment assistance, blind persons pension or any similar form of social welfare assistance or income.

 

In accordance with the Waiver Scheme, charges will be waived on the following basis:-

 

100% waiver of €80 standing charge will be granted where the income of applicant’s household does not exceed the income limits.

 

An additional waiver of €120 will apply where a household in receipt of an €80 waiver (total waiver for the year €200) comprises solely of:

 

a couple and 4 or more dependent children or

a single parent and 3 or more dependent children.

 

Accordingly, provision has been made for the current waiver scheme in the Council’s budget for 2006 and there is no provision for any extension of the scheme.

 

The Council has continued to operate a waiver scheme in 2005 and in 2006. Under the fixed charge, householders had to pay the full charge no matter how little use was made of the service. A 100% waiver was considered reasonable, as the householder had no influence on the level of charge. Now the householder has no influence over standing charge (€80) so it is considered reasonable to waive this. However, householders can influence the charge for the other two elements and it is, therefore, considered reasonable that they should pay for these. The householders who are liable for the charge pay for the waiver and we have a duty to be fair to both.

 

Many elderly householders, with small second pensions, did not qualify for waivers in the past. In 2004 they would have paid €300. With Pay By Weight, and assuming low usage, they can expect a significant reduction in the charge that they will pay.

 

In the past representations by public representatives on behalf of elderly people always claimed that they had a minimum amount of refuse. On this basis and assuming that an OAP qualifies for a waiver of €80 and leaves their bin out once a month an OAP’s charge could be as low as €10 per month.

 

As mentioned above all households can control two elements of the new charge. The Council encourages householders to minimize their waste and to recycle as much as possible and actively assists in this regard by providing a wide range of recycling options, including the Oxigen dry recyclable collection.

 

The new charge gives all households who have had to pay the charge in the past the opportunity to reduce their charge. It is accepted that households who in the past qualified for a full waiver will now have to make some payment. However, they like other households have the opportunity to control this charge. The additional allowance of €120 should meet the concerns of larger families.

 

Dun Laoghaire-Rathdown has always had a waiver scheme – for both water and refuse charges. The new waiver scheme is considered to be reasonable and fair to all householders. In many other counties low income families cannot avail of a waiver, particularly where the service has been privatised.”

 

C/182/06

Re-entering of Items

 

It was AGREED to re-enter Item No. 8(b), Item Nos 23 to 25, Item No 27, Item No 28, Item No. 30, Item No 33, Item Nos 35 to 37, Item No 40 to the April Meeting of the County Council.

 

C/183/06

Conclusion of Meeting

 

The meeting concluded at 8.00 p.m.