Printed Minutes 10Th-May-2010 15.00 County Council.Pdf

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 10 May 2010 at 3.00 pm

PRESENT

Bailey, John F Humphreys, Richard Bailey, Maria Joyce, Tom Baker, Marie Lewis, Hugh Bhreathnach, Niamh Marren, Donal Boyd Barrett, Richard McCarthy, Lettie Boyhan, Victor Mitchell O'Connor, Mary Brennan, Aoife Murphy, Tom Culhane, Aidan O'Callaghan, Denis Devlin, Cormac O'Keeffe, Gearoid Dillon Byrne, Jane O'Leary, Jim Fitzpatrick, Stephen Richmond, N. Fox, Tony Saul, Barry Hand, Pat Smyth, Carrie Horkan, Gerry Ward, Barry

An Cathaoirleach, Councillor Marie Baker presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tony Pluck (Director of Corporate Services & IT), Frank Austin (Director of Services), Gerard Hayden (Director of Services), Tom McHugh (Director of Services), Charles Mac Namara (Director of Services), Helena Cunningham (A/Head of Finance), John Guckian (Senior Executive Officer), Les Moore (Senior Parks Superintendent), Maura Murphy (Administrative Officer) and Pamela Graydon (Senior Staff Officer)

C/275/10 Vote of Condolence

A vote of condolence was passed with former Councillor Nessa Childers MEP and family on the recent death of her mother Mrs Rita Childers R.I.P.

An Cathaoirleach, the Members, the Manager and staff stood and observed one minutes silence as a mark of respect.

C/276/10 Vote of Condolence

A vote of condolence was passed with Mr. John Murtagh, General Operative, Dún Laoghaire-Rathdown County Council and his family on the death of his son Luke Murtagh R.I.P.

An Cathaoirleach, the Members, the Manager and staff stood and observed one minutes silence as a mark of respect.

1 C/277/10 Item Not On Agenda

An Cathaoirleach, Councillor M. Baker informed the Members that the Festival of World Cultures was listed in the top 25 of International Music Festivals in the World Music Magazine Songlines and wished the Festival continued success this year for their 10th Anniversary.

C/278/10 Confirmation of Minutes

(a) Minutes of County Council Meeting held on 12 April 2010

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

“That the minutes of County Council meeting held on 12 April 2010 be ADOPTED and APPROVED.”

(b) Minutes of Special Meeting of County Council held on 26 April 2010

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

“That the minutes of Special County Council meeting held on 26 April 2010 be ADOPTED and APPROVED.”

C/279/10 Questions

It was proposed by Councillor D. O’Callaghan, seconded by Councillor P. Hand and RESOLVED:

“That pursuant to Standing Order No. 105 question numbers A.1 to A.24 be ADOPTED and APPROVED.”

C/280/10 Removal of Residential Asbestos

Question: Councillor N. Bhreathnach “To ask the Manger why no list of approved contractors for the removal of residential asbestos is available to residents of our County and to further ask if he is satisfied that the only advice available is to "look in the yellow pages."

Reply: “The Water and Waste Service Department has information available on the management and disposal of asbestos. The five-page leaflet contains both general information on asbestos as well as a list of five authorized waste asbestos collectors. The document is available in both word and pdf format, in both Irish and English, and is issued on request to members of the public. Those enquiring about the disposal of waste asbestos are also advised that they can check the Golden Pages for other listed waste collectors and to consult with ourselves or Dublin City Council, the waste collection permit issuing authority for the Dublin region, in order to verify that such collectors are duly authorized.”

2 C/281/10 Part V Scheme

Question: Councillor R. Boyd Barrett “To ask the Manager for a full report on all developments in the County (ongoing and planned) under the Part V scheme, providing full details on the number and type of units due to the Council in each development and the amount the Council will be obliged to pay for these in total, and also broken down into per unit costs?”

Reply:

No. Development name & Location Agreement 1. (Address Withheld) 36 social units transferred to voluntary body. 69 affordable units delivered & disposed of with no further liability to the Council. 2 (Address Withheld) 18 Affordable. Delivered & disposed of with no further liability to the Council. 3 (Address Withheld) 1 Social / Voluntary. Delivered & disposed of with no further liability to the Council . 4 (Address Withheld) 11 Affordable units. Delivered & disposed of with no further liability to the Council. 5 (Address Withheld) 14 Affordable units. Delivered & disposed of with no further liability to the Council. 6 (Address Withheld) 2 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 7 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council. 8 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council. 9 (Address Withheld) 1 Social / Voluntary unit & 1 Affordable unit offsite at 3-5 Matthew Terrace, Monkstown. Delivered & disposed of with no further liability to the Council. 10 (Address Withheld) 6 Affordable units. Acquired by the Council and for sale. 11 (Address Withheld) 32 Affordable units. Delivered & disposed of with no further liability to the Council. 12 (Address Withheld) 5 Affordable units. Delivered & disposed of with no further liability to the Council. 13 (Address Withheld) 18 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 14 (Address Withheld) 4 Affordable units. Acquired by the Council and for sale. 15 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council. 16 (Address Withheld) 26 units - 14 Affordable / 12 Social / RAS units. Delivered & disposed of with no further liability to the Council. 17 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council 18 (Address Withheld) 119 units: 60 Social transferred to voluntary body. Affordable units acquired by the Council; 36 remain for sale. 19 (Address Withheld) 36 Affordable. Delivered & disposed of with

3 no further liability to the Council. 20 (Address Withheld) 15 affordable units. Delivered & disposed of with no further liability to the Council. 21 (Address Withheld) 100 units: 64 Social transferred to voluntary body; 36 Affordable delivered with 23 for sale. 22 (Address Withheld) 3 Affordable units. Delivered & disposed of with no further liability to the Council. 23 (Address Withheld) 30 units ; 15 Affordable 15 Social / Voluntary. Delivered, with the final two in process of sale. 24 (Address Withheld) 104 units: 17 Voluntary, 17 RAS & 70 Affordable delivered with final 3 for sale. 25 (Address Withheld) 23 Affordable units. Delivered with final one for sale. 26 (Address Withheld) 1 Affordable unit. Delivered & disposed of with no further liability to the Council. 27 (Address Withheld) 59 social transferred to voluntary body. 30 Affordable delivered; final two units in process of sale by way of direct sale. 28 (Address Withheld) 8 units; 4 RAS units & 4 Affordable units delivered & disposed of with no further liability to the Council. 29 (Address Withheld) 18 Affordable off site at Belfry. Acquired by Council and for sale. 30 (Address Withheld) 5 Affordable units. Delivered& disposed of with no further liability to the Council. 31 (Address Withheld) 5 Affordable units. Delivered & disposed of with no further liability to the Council. 32 (Address Withheld) 7 units: 3 social units to be acquired. Average cost per unit: €294,732 Affordable – 3 sold, 1 in process of sale. 33 (Address Withheld) 75 units: 37 Social units transferred to voluntary body. 12 affordable units sold. 24 units to be delivered: Average cost per unit: €273,110 34 (Address Withheld) 60 units: 24 Social transferred to Voluntary body. 36 Affordable delivered; 23 affordable still for sale. 35 (Address Withheld) 85 units; 70 Affordable delivered. 8 still for sale. 15 Social transferred to Voluntary body. 36 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 37 (Address Withheld) 2 Affordable units. Acquired by Council & in process of sale. 38 (Address Withheld) 12 Affordable units. Delivered & disposed of with no further liability to the Council. 39 (Address Withheld) 170 units: 85 Affordable, 85 Social. Average cost per unit: €252,527 40 (Address Withheld) 24 Affordable units. Being sold directly by Developer. 41 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 42 (Address Withheld) 1 Affordable unit to be acquired at €222,102. 43 (Address Withheld) 41 Voluntary units transferred to voluntary body with no further liability to the Council

4 The total cost to the Council of 117 unsold affordable units on hands is c. €27,500,000. In relation to the former Dún Laoghaire Golf Club Lands, the Part V social and affordable provision is for the purchase of 143 units initially at a cost of €35,653,517 and a further 27 units at a later stage at a cost of €7,276,138.

All of the above agreements were necessitated by statutory requirements imposed by the Planning and Development Acts. As a consequence, however, the Council has been able to provide 369 dwellings for those on the social housing list, and 683 affordable housing units.

In the majority of the developments, Developers have already complied with and / or delivered units in accordance with Part V Agreements. In a number cases, and for a variety of reasons, some Developers have yet to comply or have only partially complied with agreements. When negotiating agreements, the Council will consider all options available to it under the legislation to comply with Part V.

All of the Part V Agreements not yet implemented in full are kept under review on a case-by-case basis. In some instances, for example, Carrickmines Green and Rockbrook, discussions with developers or their representatives are currently ongoing. It is considered advisable not to provide any details of these discussions so as to avoid prejudicing their outcome.”

C/282/10 Private Contractors

Question: Councillor R. Boyd Barrett “To ask the Manager to provide a detailed breakdown for the year 2009 of the private contractors employed by the Council during that period, the works for which they were contracted and the amounts paid to those contractors?”

Reply: “The Council does not have the resources to carry out the huge level of research that would be required to compile the information requested.”

C/283/10 Tendering and Contracting Process

Question: Councillor R. Boyd Barrett “To ask the Manager to detail the tendering and contracting process through which works identified by the Council as being necessary are carried out on behalf of the Council by private contractors - providing the length of time for all such works in 2009, from the point of advertising the tender to the point of works completion (or non- completion)?”

Reply: “The Council does not have the resources to carry out the huge level of research that would be required to compile the information requested.”

C/284/10 Sallynoggin Library

Question: Councillor R. Boyd Barrett “To ask the Manager how the Council’s decision to close the full-time library in Sallynoggin accords with the stated policy for libraries SSC7 in the new County Development Plan, which states that the Council “seeks to expand the existing branch network to those areas currently without a branch library or to where the need for

5 improvement of existing facilities and services have been identified,” and whether it is a reserve or executive function to make decisions on library policy and the priorities of the library service?”

Reply: “DLR Council ‘seeks to expand the existing branch network to those areas currently without a branch library or to where the need for improvement of existing facilities and services have been identified.’

These are challenging times for library services nationally. The country is facing a tough economic climate over the next few years and this presents challenges in terms of resourcing but opportunities in terms of creative responses.

Here in Dun Laoghaire Rathdown, the Library Service has recognized that change is required if we are to deliver the best possible library service to the people of the county. We have developed an Outreach Programme and proactively engage with communities. We also promote online services, which can be accessed from within a library environment or remotely. We anticipate that some new facilities will be developed in due course, resources being available but in the meantime we strive to deliver a county- wide library service.

A new DLR Culture Strategy will be developed over the next twelve months. It will involve a review of Library Policy, Arts Strategy and Heritage Plan, consultation with relevant stakeholders reflecting the current operating environment will take place. It will be developed as part of the work of the Environment, Culture and Community SPC’s work programme.”

C/285/10 Part V Arrangements

Question: Councillor R. Boyd Barrett “To ask the Manager to list all the Part V arrangements signed to date with developers in relation to social and affordable housing, the number of units involved, their locations and the financial obligations (in total and per unit) of the Council to meet those arrangements, and whether it is open to the Council to vary/re-negotiate or withdraw from those arrangements given the dramatic recent changes in the property market and collapse of property prices?”

Reply:

No. Development name & Location Agreement 2. (Address Withheld) 36 social units transferred to voluntary body. 69 affordable units delivered & disposed of with no further liability to the Council. 2 (Address Withheld) 18 Affordable. Delivered & disposed of with no further liability to the Council. 3 (Address Withheld) 1 Social / Voluntary. Delivered & disposed of with no further liability to the Council . 4 (Address Withheld) 11 Affordable units. Delivered & disposed of with no further liability to the Council. 5 (Address Withheld) 14 Affordable units. Delivered & disposed of with no further liability to the Council. 6 (Address Withheld) 2 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 7 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council.

6 8 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council. 9 (Address Withheld) 1 Social / Voluntary unit & 1 Affordable unit offsite at 3-5 Matthew Terrace, Monkstown. Delivered & disposed of with no further liability to the Council. 10 (Address Withheld) 6 Affordable units. Acquired by the Council and for sale. 11 (Address Withheld) 32 Affordable units. Delivered & disposed of with no further liability to the Council. 12 (Address Withheld) 5 Affordable units. Delivered & disposed of with no further liability to the Council. 13 (Address Withheld) 18 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 14 (Address Withheld) 4 Affordable units. Acquired by the Council and for sale. 15 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council. 16 (Address Withheld) 26 units - 14 Affordable / 12 Social / RAS units. Delivered & disposed of with no further liability to the Council. 17 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council 18 (Address Withheld) 119 units: 60 Social transferred to voluntary body. Affordable units acquired by the Council; 36 remain for sale. 19 (Address Withheld) 36 Affordable. Delivered & disposed of with no further liability to the Council. 20 (Address Withheld) 15 affordable units. Delivered & disposed of with no further liability to the Council. 21 (Address Withheld) 100 units: 64 Social transferred to voluntary body; 36 Affordable delivered with 23 for sale. 22 (Address Withheld) 3 Affordable units. Delivered & disposed of with no further liability to the Council. 23 (Address Withheld) 30 units ; 15 Affordable 15 Social / Voluntary. Delivered, with the final two in process of sale. 24 (Address Withheld) 104 units: 17 Voluntary, 17 RAS & 70 Affordable delivered with final 3 for sale. 25 (Address Withheld) 23 Affordable units. Delivered with final one for sale. 26 (Address Withheld) 1 Affordable unit. Delivered & disposed of with no further liability to the Council. 27 (Address Withheld) 59 social transferred to voluntary body. 30 Affordable delivered; final two units in process of sale by way of direct sale. 28 (Address Withheld) 8 units; 4 RAS units & 4 Affordable units delivered & disposed of with no further liability to the Council. 29 (Address Withheld) 18 Affordable off site at Belfry. Acquired by Council and for sale. 30 (Address Withheld) 5 Affordable units. Delivered& disposed of with no further liability to the Council. 31 (Address Withheld) 5 Affordable units. Delivered & disposed of

7 with no further liability to the Council. 32 (Address Withheld) 7 units: 3 social units to be acquired. Average cost per unit: €294,732 Affordable – 3 sold, 1 in process of sale. 33 (Address Withheld) 75 units: 37 Social units transferred to voluntary body. 12 affordable units sold. 24 units to be delivered: Average cost per unit: €273,110 34 (Address Withheld) 60 units: 24 Social transferred to Voluntary body. 36 Affordable delivered; 23 affordable still for sale. 35 (Address Withheld) 85 units; 70 Affordable delivered. 8 still for sale. 15 Social transferred to Voluntary body. 36 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 37 (Address Withheld) 2 Affordable units. Acquired by Council & in process of sale. 38 (Address Withheld) 12 Affordable units. Delivered & disposed of with no further liability to the Council. 39 (Address Withheld) 170 units: 85 Affordable, 85 Social. Average cost per unit: €252,527 40 (Address Withheld) 24 Affordable units. Being sold directly by Developer. 41 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 42 (Address Withheld) 1 Affordable unit to be acquired at €222,102. 43 (Address Withheld) 41 Voluntary units transferred to voluntary body with no further liability to the Council

The total cost to the Council of 117 unsold affordable units on hands is c. €27,500,000. In relation to the former Dún Laoghaire Golf Club Lands, the Part V social and affordable provision is for the purchase of 143 units initially at a cost of €35,653,517 and a further 27 units at a later stage at a cost of €7,276,138.

C/286/10 Financial Statement

Question: Councillor V. Boyhan

8 “To ask the Manager to provide an financial statement of all income received for the period January - March 2010 in relation to the current Pay & Display car parking scheme and to provide similar details for the same period in 2008 AND 2009?”

Reply: “Listed below is the financial statement of all income received for the January to March 2010 period and also for 2008 and 2009 as requested.

For the Periods January to March

2010 2009 2008

Permits 42,265.00 75,196.00 33,907.00

Meter Collections 930,664.20 1,081,643.80 1,305,229.50

Fines 353,237.01 380,583.45 323,027.27

Suspensions 18,470.43 22,275.00 33,350.00 Court Costs awarded 8,076.00 6,493.00

Total 1,354,722.64 1,561,707.25 1,704,014.77”

C/287/10 List of Counsel

Question: Councillor V. Boyhan “To ask the Manager to provide a list of Counsel both Junior and Senior engaged by this Council over the last three years and to set out the fees applied in each case. Will the Manager advise the criteria used to select such Counsel?”

Reply: “The information is currently being compiled and will be supplied to the member when it is available. Given the pressure on staff resources in the Legal Services Department it may be some time before the requested information is made available.”

C/288/10 Cherrywood Strategic Development Zone

Question: Councillor V. Boyhan “To ask the Manager to provide a copy of the terms of reference relating to the councils invitation to tender for professional services relating to carry out an ecological assessment of habitats and species of nature conservation importance and to prepare a Biodiversity Plan to inform the development plans for the Proposed Cherrywood Strategic Development Zone (SDZ). Will the manager confirm when this work will commence and cost of same?”

Reply: “A copy of the brief for tender for the ecological assessment which outlines the terms of reference relating to the Council’s invitation to tender will be provided to the Councillor. The work commenced in February 2010 and is due to be completed by November 2010. The costs for this project is €18,866.93 (including VAT).”

C/289/10

9 Schedule of All Consultants Advisers and Employees

Question: Councillor V. Boyhan "To ask the Manager to provide this Council meeting a schedule of all consultants advisers and employees that have been engaged by the Council in each department indicating the specific functions and projects they are engaged, since the introduction of the public service recruitment embargo, and the costs involved?" (Note this matter was raised on April Agenda)

Reply: “Since the introduction of Savings Measures on Public Service Numbers under Circular Letter no LG(P) 1497 of 27th March 2009 the positions that the Council has filled are as follows following: -

Mechanical Supervisor, Shangannagh/Bray Main Drainage Scheme Social Worker (Travellers) Project Brand Officer (temporary)

In addition 3 staff returned from career break in this period.

The Council does not have the resources to carry out the huge level of research that would be required to compile the information requested on consultants. No advisors were engaged.”

C/290/10 Affordable Housing List

Question: Councillor V. Boyhan “To ask the Manager to provide details of all outstanding, current or new agreements and commitments to provided various housing options under Part V of the Planning & Development Act 2000 - 2008, setting out the situation in relation to Affordable, Social, Voluntary Housing Sector or Other, and will the manager confirm the total number applicants on the Affordable Housing List?”

Reply:

No. Development name & Agreement Location 3. (Address Withheld) 36 social units transferred to voluntary body. 69 affordable units delivered & disposed of with no further liability to the Council. 2 (Address Withheld) 18 Affordable. Delivered & disposed of with no further liability to the Council. 3 (Address Withheld) 1 Social / Voluntary. Delivered & disposed of with no further liability to the Council . 4 (Address Withheld) 11 Affordable units. Delivered & disposed of with no further liability to the Council. 5 (Address Withheld) 14 Affordable units. Delivered & disposed of with no further liability to the Council. 6 (Address Withheld) 2 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 7 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council. 8 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council.

10 9 (Address Withheld) 1 Social / Voluntary unit & 1 Affordable unit offsite at 3-5 Matthew Terrace, Monkstown. Delivered & disposed of with no further liability to the Council. 10 (Address Withheld) 6 Affordable units. Acquired by the Council and for sale. 11 (Address Withheld) 32 Affordable units. Delivered & disposed of with no further liability to the Council. 12 (Address Withheld) 5 Affordable units. Delivered & disposed of with no further liability to the Council. 13 (Address Withheld) 18 Social / Voluntary units. Delivered & disposed of with no further liability to the Council. 14 (Address Withheld) 4 Affordable units. Acquired by the Council and for sale. 15 (Address Withheld) 2 Affordable units. Delivered & disposed of with no further liability to the Council. 16 (Address Withheld) 26 units - 14 Affordable / 12 Social / RAS units. Delivered & disposed of with no further liability to the Council. 17 (Address Withheld) 4 Affordable units. Delivered & disposed of with no further liability to the Council 18 (Address Withheld) 119 units: 60 Social transferred to voluntary body. Affordable units acquired by the Council; 36 remain for sale. 19 (Address Withheld) 36 Affordable. Delivered & disposed of with no further liability to the Council. 20 (Address Withheld) 15 affordable units. Delivered & disposed of with no further liability to the Council. 21 (Address Withheld) 100 units: 64 Social transferred to voluntary body; 36 Affordable delivered with 23 for sale. 22 (Address Withheld) 3 Affordable units. Delivered & disposed of with no further liability to the Council. 23 (Address Withheld) 30 units ; 15 Affordable 15 Social / Voluntary. Delivered, with the final two in process of sale. 24 (Address Withheld) 104 units: 17 Voluntary, 17 RAS & 70 Affordable delivered with final 3 for sale. 25 (Address Withheld) 23 Affordable units. Delivered with final one for sale. 26 (Address Withheld) 1 Affordable unit. Delivered & disposed of with no further liability to the Council. 27 (Address Withheld) 59 social transferred to voluntary body. 30 Affordable delivered; final two units in process of sale by way of direct sale. 28 (Address Withheld) 8 units; 4 RAS units & 4 Affordable units delivered & disposed of with no further liability to the Council. 29 (Address Withheld) 18 Affordable off site at Belfry. Acquired by Council and for sale. 30 (Address Withheld) 5 Affordable units. Delivered& disposed of with no further liability to the Council. 31 (Address Withheld) 5 Affordable units. Delivered & disposed of with no further liability to the Council. 32 (Address Withheld) 7 units: 3 social units to be acquired. Average cost per unit: €294,732 Affordable – 3 sold, 1 in process of sale. 33 (Address Withheld) 75 units: 37 Social units transferred to voluntary body. 12 affordable units sold. 24 units to be delivered: Average cost per unit: €273,110

11 34 (Address Withheld) 60 units: 24 Social transferred to Voluntary body. 36 Affordable delivered; 23 affordable still for sale. 35 (Address Withheld) 85 units; 70 Affordable delivered. 8 still for sale. 15 Social transferred to Voluntary body. 36 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 37 (Address Withheld) 2 Affordable units. Acquired by Council & in process of sale. 38 (Address Withheld) 12 Affordable units. Delivered & disposed of with no further liability to the Council. 39 (Address Withheld) 170 units: 85 Affordable, 85 Social. Average cost per unit: €252,527 40 (Address Withheld) 24 Affordable units. Being sold directly by Developer. 41 (Address Withheld) 5 Affordable units. Being sold directly by Developer. 42 (Address Withheld) 1 Affordable unit to be acquired at €222,102. 43 (Address Withheld) 41 Voluntary units transferred to voluntary body with no further liability to the Council

C/291/10 Commercial Rates

Question: Councillor S Fitzpatrick “To ask the Manager if he could quantify the amount that would be due to this Council for the years 1998, 1999 and 2000 if Commercial Rates applied to Government properties located within our administrative area?”

Reply: “Section 15(3) of the Valuation Act 2001 provides that property directly occupied by the State shall not be rateable. This Section of the Act provides as follows:

“relevant property, being a building or part of a building, land or a waterway or a harbour directly occupied by the State (including any land or building occupied by any Department or office of State, the Defence Forces or the Garda Sıochana

12 or used as a prison or place of detention), shall not be rateable”.

As a consequence of the foregoing not all properties occupied by the State are currently valued by the Valuation Office. However, based on limited data that it has been possible to extract from the valuation lists, rates income to the value of €1.13m in 1998, €1.18m in 1999 & €1.24m in 2000 may have been foregone to this Council by the non - rating of State Occupied Properties. State Properties include not only directly occupied Government properties but also properties occupied by State Bodies (Fas etc) and those occupied by the HSE. Rates that may have been foregone in 2010 would amount to €1.67m.

The Valuation Office is currently in the process of re-valuing commercial properties within this County and that task will be completed by the end of this year with the new valuations having effect from the 1st of January 2011. Following completion of the re- valuation exercise accurate data will be available to the Council regarding the valuations of State occupied properties within this County.

The accuracy of the estimations regarding foregone rates, as indicated in a foregoing paragraph, are of very limited value having regard to the fact that not all State property may be valued.”

C/292/10 Policy Documents and Practices

Question: Councillor R. Humphreys “To ask the Manager for details of the specific policy documents and practices adopted by the Council to promote work life balance and family friendly arrangements for staff, officers and members of the Council, if such policy documents are available on the Council’s website, and if he will make a statement on the matter?”

Reply: “The County Council has implemented all family friendly policies in relation to employees that are governed by statute, regulation and circular letters from the Department of the Environment Heritage & Local Government. Details of the various schemes are published on the staff Intranet site are as follows: -

Scheme Authority/basis of scheme

Shorter Working Year Scheme Circular Letter EL 09/09 dated 5th June 2009

Work Sharing Scheme Circular Letter LG(P) 13/02 dated 20th December, 2002 Career Break Scheme Circular LG(P) 08/08 dated 30th July 2008

Maternity Leave Maternity Protection Acts 1994 & 2004

Parental Leave Parental Leave Act, 1998 & 2006

Paternity Leave Circular Letter LG (P) 5/2000 dated 24th May 2000

Carers Leave Carers Leave Act 2001

Compassionate Leave Circular Letter LA (P) 18/80 dated 30th Sept. 1980

Adoptive Leave Adoptive Leave Acts 1995 & 2005

In addition to the above the County Council operates a flexible hours working scheme and a sick leave scheme details of which are available to all staff on the Intranet or from Human Resources Department. The Council also complies with and in the majority of cases exceeds the provisions of Organisation of Working Time Act 1997 in relation to Annual Leave.

All of these schemes are administered through the Human Resources Department and are only applicable to employees.”

C/293/10 Money Owed to the Council

Question: Councillor R. Humphreys “To ask the Manager for an estimate of the total amount of money owed to the Council whether by other bodies, agencies, companies or individuals, broken down by the type of service provided for which payment is due, the policies in relation to debt collection or litigation applying to each type of payment, the length of time the debt must be outstanding before such policies indicate that action by way of debt collection or litigation is taken, the criteria adopted by such policies that must be fulfilled in relation to the writing off of debt, and whether such policies regarding enforcement and writing off are consistent across the range of services/debts, and if he will make a statement on the matter?”

Reply: “The Council does not have the resources to carry out the huge level of research that would be required to compile the information requested in this question. If the Councillor contacts Helena Cunningham the Acting Head of Finance she will arrange for an official in the Finance Department to brief him in on an approach to debt collection generally.”

C/294/10 Name and Shame

Question: Councillor R. Humphreys “To ask the Manager if he will examine whether the name and shame scheme for litter prosecutions will be extended to cover application of the Probation of Offenders Act 1907, given that such an order involves a finding that the facts of the offence are proved (see Mulhall v O’Donnell [1989] ILRM 367), and if he will make a statement on the matter?”

Reply: “The name and shame policy initiated by the Environment, Culture and Community Department last year relates to convictions in the County for Litter Offences.

An offender who receives the Probation Act in court is guilty of the offence but is given a waiver of the recording of the conviction for record purposes. The effect of the Probation Act is to give the defendant a second chance so that a conviction is not recorded against the accused. The practice is not to include such people on its “Name and Shame” list.”

C/295/10 Webcasting Service

Question: Councillor R. Humphreys “To ask the Manager to estimate the total cost of providing a full webcasting service for the Council including special meetings, both area committees, and other public

14 committee meetings held in either the Council Chamber or the Dundrum Office, and if he will make a statement on the matter?”

Reply: “Tender documents are currently in the final stages of preparation for the webcasting service and it is anticipated that tenders will be invited next week. Information on the cost of expanding the service will be available once the tenders have been evaluated.”

C/296/10 Litter Pollution Act 1997

Question: Councillor R. Humphreys “To ask the Manager to outline whether any steps can be taken to facilitate the process of service of summonses for alleged offences under the Litter Pollution Act 1997 and if he will make a statement on the matter?”

Reply: “The process for serving summonses under the Litter Pollution Act is as follows:

Following the signing of a Managers Order authorizing the serving of a summons the Legal Services Department serve the summons by registered post. Where necessary, the Litter Warden may sign an affidavit and apply to the Court for substitute service, enabling the Council to send the summons by ordinary post.”

C/297/10 Commercial Waste

Question: Councillor D. O’Callaghan “To ask the Manager to state regarding the level of commercial waste collected by the Council (a) The number of customers (b) The amount of revenue annually accruing to the Council?”

Reply: “(a) The Council currently provides a bin collection service to 469 commercial customers. For commercial customers who cannot avail of the black bin service a bagged collection service is provided. Customers must affix a trade waste label at a cost of €5.30 per label to each bag. (b) For 2009 the amount of revenue which accrued to the Council was €413,000 for the bin collection service and € 32,780.50 for the trade waste labels.”

C/298/10 Fee Scholarships

Question: Councillor N. Richmond “To ask the Manager if a direction was given by the Department of Education to Dun Laoghaire Rathdown regarding fee scholarships as income, which has rendered many PhD students ineligible for the local authority grant; if he asked the Department to review this in the case of students who have already started their degree as the subsequent hardship may force them to drop out of their courses?”

Reply: “Clause 2.2 of The Higher Education Grant Scheme 2009/2010 states that:

A candidate shall not be eligible to hold a grant under this Scheme if s/he holds: (i) a scholarship/grant awarded by another Local Authority, a Vocational Education

15 Committee or the Department of Education and Science, or (ii) any other award payable from public funds, or (iii) the equivalent of (i) or (ii) from another E.U. Member State

The provisions at (ii) or (iii) do not include awards such as scholarships, prizes or bursaries, made by the institution being attended or postgraduate research grants where the grant received does not exceed a specified amount, which for the 2009/10 academic year, is specified to be €16,000. In addition the provision at (ii) does not include awards to candidates under the Student Assistance Fund, the Millennium Partnership Fund and the Fund for Students with Disabilities.

No request has been made to the Department to review this clause for Students who have already started their course.”

C/299/10 Delays in the Payment of Student Maintenance Grants

Question: Councillor N. Richmond “To ask the Manager to provide a full report, including relevant statistics, on delays in the payment of student maintenance grants in the 2009-2010 academic year, and on the planned changes to application and processing of grants for the 2010-2011 academic year?”

Reply: “In advance of payment being made to students under the Higher Education Scheme, all necessary information must be received from the student and their eligibility under the scheme assessed.

The Higher Education Grant Section processed its first grant payments for the 2009/2010 academic year on 08th October 2009. Subsequent payment runs were processed weekly with the most recent payments being made on 05th May 2010. Each payment run included the maintenance payments for all approved students who had returned their registration forms that week and any tuition / registration fees that invoices had been received. To date €3.7m has been paid in funding for students.

In an attempt to improve the payment process, Dún Laoghaire Rathdown County Council became one of the first Authorities in the country to move from cheque to EFT payments for Higher Education Grants during the 2009/2010 Academic Year. The move has resulted in a much more efficient process and has yielded benefits to this Council, the Universities and most importantly the Students.

The Department of Education & Science has not yet released the Scheme or application form for the 2010/2011 academic year. Likewise, planned changes to the application process have yet to be notified.”

C/300/10 Acquire/Develop a Site

Question: Councillor C. Smyth “To ask the Manager are there any other locations in the County that Dun Laoghaire Corporation/Dun Laoghaire Rathdown County Council never exercised their option to

16 acquire/develop a site similar to the circumstances of Tesco’s Ballybrack Shopping Centre?”

Reply: “The manager is not aware of any circumstances where similar options were not exercised.”

C/301/10 Applicants on the Affordable Housing List

Question: Councillor C. Smyth “To ask the Manager were all applicants on the Affordable Housing List sent a correspondence stating units were available prior to the Unsold Affordable Housing” Report was presented to the Housing Strategic Policy Committee?”

Reply “In the course of the past year all applicants for affordable housing were notified in writing in relation to properties available for sale. The services of Lisney New Homes were employed to facilitate viewings etc. While open viewings were organised initially, existing applicants who later expressed an interest in a property and new applicants were facilitated with viewings at mutually convenient times throughout the year. Details of all properties for sale are available on the Council’s web site dlrcoco.ie, on the affordable homes web site and on daft. Group text messages were sent to applicants advising them to consult the web site for details of affordable units for sale and several texts issued in relation to units available in specific developments. Applicants were requested to make contact with the Council or the Sales Agents if they wished to view.

Following the Council meeting in April all applicants were written to and advised that while the Council proposed to sell units on the open market, overall priority would be given to affordable purchasers who could purchase at the reduced prices.

Again they have been requested to register their interest with the Sales Agents.”

C/302/10 Email Address

Question: Councillor B. Ward “To ask the Manager to report on what progress has been made in giving effect to motion C/173/10, passed by the Council on the 8th of March 2010, and if the resolved e- mail address has been set up?”

Reply: “The commitment given in Minute Number C/173/10 regarding this item has been implemented. The email address is set up and is in operation. The address is [email protected] ”

C/303/10 A Brown Bin Service

Question: Councillor B. Ward “To ask the Manager when a brown bin service for organic waste is likely to come into effect, what progress has been made in this respect, and what obstacles, if any, are preventing it.”

17 Reply: “A briefing meeting for Councillors on the Council’s household waste service has been organised by the Manager for Wednesday 12th May 2010 at 2pm. The issue of the provision of a brown bin service will be discussed at that meeting.”

C/304/10 Education And Training For Councillors

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

“(a) Mutual Benefit: Suzhou. China – Dublin. Ireland, Economic and Trade Co – operation Forum, Conrad Hotel, Dublin; 16th April 2010 (b) Local Government & The Environment, The Falls Hotel, Ennistymon, Co. Clare; 30th April – 2nd May 2010 (c) ‘Business Investments’, Money, Business, Investments, Planning, Tax and more!, Lawlor’s Hotel, Poplar Square, Naas, Co. Kildare. (just off N7); 14th – 16th May 2010 (d) A National Jobs Conference, Dunhill Ecopark, Dunhill, Co. Waterford; 23rd April 2010 (e) Inclusion Ireland – AGM & Annual Conference 2010, Malton Hotel, Killarney, Co. Kerry; 23rd – 24th April 2010 (f) ‘Head Shops – Legal Highs’, Bellingham Castle Hotel, Castlebellingham, Co. Louth; 7th – 8th May 2010 (g) ISME Annual Lunch 2010, Shelbourne Hotel, Dublin; 7th May 2010.”

C/305/10 Approval of Nominations

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

“LAMA, 2010 Annual Conference: Councillors Role in Changing Climate, Sligo Park Hotel, Pearse Road, Sligo, 9th – 10th April 2010. ● Cllr Donal Marren ● Cllr Mary Mitchell O’ Connor

International Symposium - ‘Working Towards A Holistic Policy Against Illicit Drug Trafficking and Misuse in Europe’, Renaissance Hotel, Brussels, 13th April 2010. ● Cllr Cormac Devlin

Elected Member’s Training Seminar: Banking, Insurance and NAMA – The Effect on Local Government, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 16th – 18th April 2010. ● Cllr Gearóid O’ Keeffe ● Cllr Pat Hand

BMW Regional Assembly Annual Conference 2010 – ‘Promoting Growth and Jobs in Ireland’s Regions, The Cavan Crystal Hotel, Cavan Town, Co. Cavan, 16th April 2010. ● Cllr Aoife Brennan ● Cllr Tony Fox

Inclusion Ireland AGM & Annual Conference 2010, Malton Hotel, Killarney, Co. Kerry, 23rd – 24th April 2010. ● Cllr Gearóid O’ Keeffe

18 Conference for Councillors – Key strategies for greater success in a challenging economic climate, Connemara Coast Hotel, Furbo, Co. Galway, 23rd – 25th April 2010. ● Cllr Jane Dillon Byrne

Elected Member’s Training Seminar – New EPA Guidelines for Single Houses: There implications to Local Government, The Glenlo Abbey Hotel, Bushypark, Co. Galway, 23rd- 25th April 2010. ● Cllr Lettie Mc Carthy.”

C/306/10 Monthly Financial Report

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

“Revenue Account Financial Report

PERIOD: 01/01/2010 - 31/03/2010 3 25.00%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 5,909,762 28,342,300 20.85 B Road Transportation & Safety 5,240,215 23,866,500 21.96 C Water Services 6,732,593 30,039,800 22.41 D Development Management 1,885,000 9,996,400 18.86 E Environmental Services 8,256,228 40,210,600 20.53 F Recreation & Amenity 4,844,248 21,710,200 22.31 G Agriculture, Education, ------Health & Welfare 2,395,491 7,520,900 31.85 H Miscellaneous Services 1,556,652 14,602,900 10.66 J Service Support Costs 6,464,667 24,276,700 26.63 TOTAL: 43,284,855 200,566,300 21.58

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 5,718,654 25,200,300 22.69 B Road Transportation & Safety 1,206,327 9,525,600 12.66 C Water Services 2,170,090 9,237,100 23.49 D Development Management 486,111 2,358,200 20.61 E Environmental Services 4,377,664 12,799,600 34.20 F Recreation & Amenity 972,750 4,852,000 20.05 G Agriculture, Education, ------Health & Welfare 1,373,457 6,904,400 19.89 H Miscellaneous Services 1,024,371 5,508,400 18.60 SUB TOTAL: 17,329,424 76,385,600 22.69 Commercial Rates 16,110,792 89,060,500 18.09

19 Local Government Fund 8,528,186 33,620,200 25.37 TOTAL INCOME: 41,968,402 199,066,300 21.08

SURPLUS/(DEFICIT) at 31/03/2010 -1,316,452

Date 19/04/10 Signed: H. Cunningham, A/Head of Finance”

C/307/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Unit at Harbour View, Crofton Road, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DÚIN Dún Laoghaire-Rathdown County Council

To Each Member of the Dún Laoghaire-Rathdown County Council

In accordance with Part V of the Planning & Development Acts 2000 as amended the Council has acquired eight x one-bedroom apartments at Harbour View, Crofton Road, Dun Laoghaire, Co Dublin, from Earlsfort Crofton Limited & Shaston developments trading as Crofton Developments, on the 29th July 2008. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

It is now proposed to dispose of one of these units to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). The applicant had previously accepted an offer for unit No. 138 in the same development but as No.133 became available, the purchaser having decided not to proceed, she has now agreed to purchase No 133 instead. The unit is being offered for sale in accordance with the terms of the Council’s Affordable Housing Scheme. A drawing showing the location of the units will be available at the meeting.

In accordance with Section 183 of the Local Government Act 2001, the consent of the Council is required for this disposal. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of the above mentioned affordable unit No.133 Harbour View be carried out in accordance with the terms specified in the foregoing report”

22nd April 2010 Signed: Charles MacNamara

20 Director of Housing

It was proposed by Councillor J. Bailey, seconded by Councillor S. Fitzpatrick and RESOLVED:

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

C/308/10 Proposed Disposal of Properties

LD 2094: Proposed Disposal of Leasehold Interest in Blackrock Town Hall to Dún Loaghaire Vocational Education Committee

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DÚIN Dun Laoghaire-Rathdown County Council

To Each Member of the Dún Laoghaire-Rathdown County Council

LD 2094

Dun Laoghaire Vocational Education Committee obtained planning permission for the refurbishment, alterations to and extension of Blackrock Town Hall, Carnegie Library and Dun Laoghaire Vocational Education Committee in accordance with Register reference D02A/1215 and An Bord Pleanala reference number PL 06D.203633 (Decision date: 18th December, 2003) and Register Reference D08A/0702 and An Bord Pleanala reference number PL 06D.230643 (Decision date: 26th January 2009).

The complex is intended for use as an extended facility for the VEC to cater for up to 1,000 students in a modern further Education College. In addition, the complex will house modern Public Library facilities.

The freehold of the property is registered in the name of Dun Laoghaire-Rathdown County Council. The Council at its July 2007 Meeting agreed to the disposal of this site to Dun Laoghaire Vocational Education Committee. However, because the Council was not in a position to deliver vacant possession of the premises Dun Laoghaire Vocational Education Committee was not in a position to proceed with the redevelopment at that stage. The Council at a Special Meeting held on the 26th May 2008 agreed to modify the terms and conditions of the July 2007 disposal. Dun Laoghaire Vocational Education Committee was not in a position to proceed with the development under the new modified terms and conditions.

Dun Laoghaire Vocational Education Committee has now indicated that tenders for the project have been examined by the design team and the preliminary tender report has been drawn up. They expect to be in a position to move on site within six to eight weeks. In order to achieve this objective it will be necessary to dispose of the Council’s leasehold interest in Blackrock Town Hall to Dun Laoghaire Vocational Education Committee in accordance with the following terms and conditions:

(i) On satisfactory completion of the development the County Council will grant to Dun Laoghaire Vocational Education Committee a 250-year lease in respect of the site as outlined on Drawing No. PL-07-043 but excluding the site of the

21 refurbished library, at a rent of €1.00 per annum. (ii) Dun Laoghaire Vocational Education Committee is to undertake the works in accordance with the permission granted. (iii) Dun Laoghaire Vocational Education Committee agrees to contribute €100,000 to the cost of relocating Blackrock Library over the period of construction and to seek approval from the Department of Education and Science to reimburse any additional costs incurred by the Council in relocating the Library. (iv) On completion of the works, Blackrock Library will be relocated in the Town Hall complex in accordance with the Planning Permission.

This proposed disposal is included as an item for consideration on the agenda for the Dun Laoghaire Area Committee Meeting (Planning, Transportation and Water & Waste Services) to be held on Wednesday 5th May 2010.

It is proposed that the Council approve the disposal of a Leasehold Interest in Blackrock Town Hall to Dun Laoghaire Vocational Education Committee as shown outlined in red on Drawing No. PL-07-043, 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 P. Keegan County Manager

Dated this 29 day of April 2010.”

It was proposed by Councillor N. Bhreathnach, seconded by Councillor B. Ward 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/309/10 Draft Corporate Plan 2010 - 2014

The draft Corporate Plan 2010 – 2014 and the following report of the Manager, copy of which had been circulated to the Members was CONSIDERED:

“The Draft Corporate Plan 2010-2014 for Dún Laoghaire-Rathdown County Council is being circulated in accordance with Section 134 of the Local Government Act, 2001. The approval of the plan is a reserved function.

The following resolution is required:

“That the Council hereby adopts the Corporate Plan 2010-2014 for Dún Laoghaire- Rathdown County Council as circulated.”

Tony Pluck Director of Corporate Services and IT

Briefing Note for Elected Members Following a number of briefings and the wide circulation of the Draft Plan to a range of stakeholders, including the Corporate Policy Group, Elected Members, the Management

22 Team & Seniors Group, Workplace Partnership, all staff and the County Development Board, over 30 proposed amendments have been received in response to the last draft.

These amendments have been reviewed and where appropriate have been incorporated into the plan for adoption by the Elected Members. For ease of reference, the principle amendments are highlighted in red and appear on the following pages of the document: Pages: 4, 5, 8, 11, 13, 14, 16, 17, 18, 19, 22, 25, 27,

The Working Group would like to extend its thanks to all stakeholders who took the time to consider the Draft Plan and to forward their comments and suggestions. It is recognised that the next challenge will be to develop a corporate implementation strategy for the key focus areas identified in the plan and the Manager will be establishing a working group to progress this.

Following final adoption of the plan, the plan will be publicised in the local media, the DLR Times and displayed on our website. The plan will also be published in hard copy/electronic format and a limited number of copies circulated to the following stakeholders:

 The Elected Members

 Members of the Oireachtas

 Members of our 5 Strategic Policy Committees

 All Departments within the Council

 Workplace Partnership Committee   Members of the County Development Board

 Department of the Environment, Heritage and Local Government

 Other City and County Councils

It was proposed by Councillor J. Bailey, seconded by Councillor T. Joyce and RESOLVED:

“That the Council hereby adopts the Corporate Plan 2010-2014 for Dún Laoghaire- Rathdown County Council as amended above.”

C/310/10 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 - 2009, Planning and Development Acts, 2000 - 2008 and Section 138 of the Local Government Act, 2001.

PC/13/09 Proposed Improvements to recreational facilities at Kilbogget Park, (rear of Ashlawn, Coolevin and Wyattville housing estates) Ballybrack, Co. Dublin

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

“PC/13/09

23 In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001 - 2009, Dún Laoghaire-Rathdown County Council gave notice of the proposed development in the Irish Times on Friday 30th October, 2009. Plans and particulars of the proposed development were available for inspection at the Planning Department, County Hall, Marine Road, Dún Laoghaire (between the hours of 10.00a.m. and 4.00p.m.) and the Council Offices Dundrum Office Park, Dundrum (between the hours of 9.30a.m. and 12.30p.m. and 1.30p.m. and 4.30p.m.) from Friday 30th October, 2009 up to and including Friday 11th December, 2009. Submissions and Observations with respect to the proposed development could be made in writing up to and including Monday 4th January, 2010.

NATURE AND EXTENT OF PROPOSED DEVELOPMENT:

1. Proposed Development

This proposal consists of the construction of:  Increase in the size of existing tarmacadam pitch.  Upgrade to an ‘Astro-Turf’ synthetic surface.  Relocate and improve floodlighting arrangements.  Provision of perimeter fencing and ball stop netting.  Realignment of footpaths.  18 new car-parking bays, adjacent to the facility as well as new vehicular entrance.  Bicycle parking facilities.  Improved surface water drainage and ancillary works.

2. Site Description and Context

The site is located at the southern end of Kilbogget Park, to the rear of numbers (Addresses Withheld) to the east and Shangannagh Vale to the west. At this location there is currently a clubhouse serving Ballybrack Football Club and Loughlinstown Boxing Club as well as an enclosed ‘kick about area.

Zoning and Policy In terms of the Dún Laoghaire-Rathdown County Development Plan, 2004-2010 and Dún Laoghaire-Rathdown County Development Plan, 2010-2016, the site is zoned ‘Objective F’, ‘To preserve and provide for open space and recreational amenities’.

‘It is Council policy to continue to improve…and develop more intensive recreational facilities within its parks and open spaces’ (Section 9.4.3. Dún Laoghaire Rathdown County Development Plan 2004-2010).

IMPLICATIONS OF THE PROPOSED DEVELOPMENT FOR THE PROPER PLANNING AND SUSTAINABLE DEVELOPMENT OF THE AREA:

It is considered that the proposed development is ‘Permitted in Principle’ within zoning objective ‘F’. Therefore, the proposed development accords with this zoning objective.

The development as proposed will improve the immediate area in terms of providing increased activity, lighting and passive surveillance and will also provide a wider social benefit as it will provide a sports facility of a high standard for the community.

While it is recognised that there will be an increase in light spill on the rear gardens of properties (Addresses Withheld), the scheme ensures that maximum LUX levels are achieved on the playing fields with minimum spill and glare to adjoining properties. The scheme is designed to prevent nuisance and to keep light pollution of adjacent property to a minimum. The effect on these properties would be similar to the effect on a

24 residential property in a standard urban street between adjacent streetlights and is therefore not considered very significant. In addition it is considered that the other associated improvements are considered to outweigh this impact and in particular the proposed development will help in relation to on going anti social behaviour (including dumping) that occurs to the rear of these properties.

The development as proposed is considered to be in accordance with the proper planning and sustainable development of the area.

DEPARTMENTAL REPORTS:

Waste and Water Services:  No objection to the proposed development.

Transportation Department:  No objection to the proposed development.

SUBMISSIONS / OBSERVATIONS:

1. Public notice procedure

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, notice of the proposals was given by the placement of a notice in the Irish Times newspaper on Thursday October 30th 2009. Three site notices were also erected in the vicinity of the entrances to the park at Wyattville, Ashlawn and Coolevin. These notices were maintained in place for the period, 30th October, 2009 to Thursday 04th December, 2009.

2. Submissions

The closing date for receipt of submissions/observations was Thursday 04th January 2010. No submissions were received

RECOMMENDATION:

Having regard to the zoning of the site and other provisions of the Dún Laoghaire- Rathdown County Development Plan 2004-2010 and the Dún Laoghaire-Rathdown County Development Plan 2010-2016 the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended to proceed with the development in accordance with the drawings, which were on display.

Subject to the above approval, members are hereby notified in accordance with Section 138 of the Local Government Act, 2001 of the intention to proceed with the proposed development.

Accordingly it is recommended that the Council pass the following resolution: “The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the proposed improvements to recreational facilities at Kilbogget Park (rear of Ashlawn, Coolevin and Wyattville housing estates) Ballybrack, Co. Dublin in accordance with the drawings which were on display and subject to any such minor and immaterial alterations to the plans and particulars of the development subject to the following amendment: Kathleen Holohan, Director of Planning.

25 PC/13/09

The Council at its meeting held on 12th April 2010 AGREED to defer consideration of the Manager’s Report on the above Part 8 in order that a report be brought to the Council in relation to the following issues:  Traffic Calming for Coolevin/Willowvale  Relocation of a public footpath

On 6th July 2009 the Ward Councillors were invited to view a copy of the proposal (improvements to recreational facilities at Kilbogget Park) and to discuss any issues that may arise with the Senior Parks Superintendent, Leslie Moore and the Senior Executive Parks Superintendent for the area, Rory O’Sullivan.

Councillors Smyth, O’Callaghan and Lewis attended.

A concern about increased traffic volumes and the need for possible traffic calming in Coolevin/Willow Vale was one of the issues raised. The Parks Department undertook to raise the matter with the Transportation Department.

As any proposed works on the roads in Coolevin/Willow Vale are outside the scope of the Part 8 this matter did not form part of the Part 8 proposal and therefore is not included in the Manager’s Report following the statutory consultation process.

The area in question (Coolevin/Willow Vale) was examined in 2008 and is listed number 23 in order of priority for such for traffic calming schemes. The decision not to give the area a higher priority or proceed immediately was based on low traffic volumes, low speeds, the fact that no accidents have been recorded and that the area is a cul-de-sac with no through traffic.

However, Transportation Department have given an undertaking that if approval is granted for the proposal, they will monitor the situation once the scheme is constructed and, if deemed appropriate, re-evaluate in the context of the overall programme of Traffic Calming for the County.

In relation to moving the concrete footpath at this location away from the rear walls of properties in Ashlawn Park, it is worth noting that the “concrete path” is in fact the roof of a culvert and therefore it is not feasible to move the path away from the walls.

Richard Shakespeare Director Environment, Culture & Community.”

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

“The foregoing reports of the Manager are APPROVED and it is AGREED to proceed with the proposed improvements to recreational facilities at Kilbogget Park (rear of Ashlawn, Coolevin and Wyattville housing estates) Ballybrack, Co. Dublin in accordance with the drawings which were on display and subject to any such minor and immaterial alterations to the plans and particulars of the development.”

C/311/10 Dún Laoghaire Rathdown County Council Road Safety Plan 2010-2015

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

“The attached Draft Road Safety Plan was prepared by the Transportation Department and tabled and discussed at the Transportation Strategic Policy Committee meeting held on 29th March 2010.

The main objective of the Road Safety Plan is to reduce the number of collisions and casualties on the roads and streets of the County. The Plan sets a target of reducing the number of casualties by 20% over the period 2010 to 2015. This will be achieved by a series of actions, included in the plan, which are extended from the services and actions of the existing road safety team.

The Road Safety Plan has been developed in line with the National Road Safety Strategy, and will be implemented by the Council and other agencies involved, including the Gárdaí, the Road Safety Authority, the National Roads Authority and the National Transportation Authority.

Following a presentation on the content of the plan and discussion, the Transportation Strategic Policy Committee noted the plan and recommended that the draft road Safety Plan be submitted to the Council for approval.

The formal adoption of the Road Safety Plan requires a resolution of the Council, as follows:

It is hereby resolved to formally adopt the Dún Laoghaire-Rathdown Road Safety Plan 2010-2015.

Draft Road Safety Plan 2010 to 2015

Foreword

Although there has generally been a downward trend in the number of fatal and injury collisions in the Dún Laoghaire - Rathdown County Council administrative area since 2000, there are certainly no grounds for complacency as during that period there were an average of 4 people killed and 221 people injured in road collisions each year in the County. No one can deny the extraordinary human cost of these collisions to the County. One collision is one to many. The task for Dún Laoghaire - Rathdown County Council is to continue to play a part in reducing the number of road collisions in the County Council area. This in turn will help contribute to national casualty reduction targets set out in the RSA Strategy for Road Safety 2007 to 2014.

This Dún Laoghaire - Rathdown County Council Road Safety Plan 2010 to 2015 has been developed to provide a greater focus on road safety, in line with the National Road Safety Strategy, over a 5-year period. It is an action plan and will focus on further reduction in road collisions and casualties through Education, Enforcement, Engineering and Evaluation. Targets are set to monitor progress over the lifetime of the plan.

Implementation of the plan will require a co-ordinated approach between Elected Members and Management in Dún Laoghaire - Rathdown County Council and external agencies such as An Garda Síochána, the Road Safety Authority and the National Roads Authority. The Plan seeks to encourage every member of the community to play their part in reducing road collisions taking responsibility for their own behaviour as road users. I am confident that this County Council in these difficult times, with the help of

27 the other agencies involved in road safety and with the support of the public, can continue to make the County a safer place to live and work.

______Chairperson Transportation Strategic Policy Committee

1. INTRODUCTION

1.1 Introduction Local Authorities as road authorities have an important role in promoting road safety apart altogether from their statutory obligations in relation to road safety under roads and traffic legislation.

1.2 National and EU Road Safety Strategies The Road Safety Authority (RSA) is a statutory organisation created by the Road Safety Authority Act 2006, and was established on the 1st September 2006. The functions it carries out were transferred from the Department of Transport (DoT), the National Roads Authority (NRA) and the National Safety Council (NSC). While setting the road safety policy remains a function of the Minister for Transport, the RSA has a key role in advising on the formation of such policy. Ireland’s third Road Safety Strategy seeks to build on the progress and understanding provided by the first two strategies (1998-2002 and 2004- 2006), with the objective of improving safety on Irish roads. The EU has set an overall target of a 50% reduction by 2010 from the base year of 2000. The primary aim of the new national strategy is to reduce collisions, deaths and injuries on Irish roads. In terms of fatalities this amounts to a reduction on average of 21 fatalities per month. This equates to 252 fatalities per annum or not greater than 60 deaths per million population with a demonstrable reduction each year of the Strategy. The primary causes of road collisions outlined in the Road Safety Strategy are:

 Speed inappropriate for, or inconsistent with, the prevailing circumstances or driving conditions. Speed is considered to be a factor in a 33% fatal collisions.  Impaired driving through alcohol (33% fatal collisions), drugs (prescription or non-prescription), or fatigue (20% fatal collisions).  Failure to use or properly use seatbelts and child safety restraints  Unsafe behaviour towards / by vulnerable road users (pedestrians, motorcyclists, cyclists, young children and older people)

In addition to focusing on the areas of speeding, drink-driving and seat-belt wearing, the National Strategy proposes a range of measures in the enforcement, engineering, education and legislation areas in order to target further reductions in deaths and injuries. It recommends an integrated strategic approach to ensure that the road safety agencies work together to achieve the targets set out in the Strategy.

1.3 Aims and Objectives of the Road Safety Plan 2010-2015 This Dún Laoghaire - Rathdown County Council Road Safety Plan covers the period 2010 to 2015. It is based on collision data for the years 2000 to 2008 and offers a strategic direction for road safety in Dún Laoghaire - Rathdown County Council at a local level in terms of Engineering, Enforcement and Education. The principal aims of the Road Safety Plan are as follows:

 To develop a road safety action plan to improve safety for all road users in the County,

28  To highlight the scale of the deaths and injuries that are occurring at present on the County Council’s road network,  To provide a focus on road safety and to ensure that road safety underpins all transportation policy measures in the County Council,  To develop new initiatives to target specific vulnerable road safety groups.  To play a role in meeting national road safety targets set out in the RSA Road Safety Strategy 2007 to 2012.

The main objective in the Road Safety Plan is to reduce the number of collisions and casualties on the roads and streets of Dún Laoghaire - Rathdown County Council and to provide focus on making the County a safer place for all road users.

1.4 Scope of the Plan The strategy to be adopted in the new Plan focuses on Engineering, Education and Enforcement measures. Actions are set for each of these key areas to be achieved over the period of the Plan. Specific targets are also outlined relating to the Plan objective of casualty reduction.

2. Collision Trends County Council Area 2000 to 2008

This section outlines some facts and figures in relation to the road collisions in the Dún Laoghaire - Rathdown County Council’s administrative area and helps identify areas of particular concern. The collision data are compiled from the National Roads Authority publications Road Accident Facts (2000 to 2004) and Road Safety Authority publications Road Collision Facts (2005 to 2008). These documents are compiled using data from formal collision reports completed by Gardaí at the scene of a collision. The collision forms are forwarded to the Road Safety Authority for analysis and compilation of the annual collision statistics.

Although all fatal collisions are reported, not all injury collisions are normally reported and thus they can only provide an indication of overall injury collision trends. The latest official collision data, available to Dún Laoghaire - Rathdown County Council is from 2008. It should be noted that due to an improved reporting procedure between the Gardaí and the Road Safety Authority, the number of collisions increased considerably in 2008, which was contrary to the decreasing trends in years prior to this in the County.

2.1 Collision and Casualty Trends 2000 to 2008

Tables 2.1 and 2.2 provide an overview of collision and casualty trends over the period 2000 to 2008. In a collision, there may be more than one casualty. For example, in a pedestrian collision, there may be an injury to both the car driver and the pedestrian (i.e. two casualties in one road collision). The definition of a fatal or injury collision is defined in the Road Safety Authority publication Road Collision Facts 2008.

Table 2.1 Collision Trends in DLR County Council Area 2000 to 2008

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008

Fatal 5 4 7 2 4 5 6 4 1

Injury 230 190 203 173 145 138 160 123 222

Total 235 194 210 175 149 143 166 127 223

Table 2.2 Casualty Trends in DLR County Council Area 2000 to 2008

29 Year 2000 2001 2002 2003 2004 2005 2006 2007 2008

Fatal 6 4 8 2 4 5 6 4 1

Injury 302 241 248 207 182 179 206 150 274

Total 308 245 256 209 186 184 212 154 275

From Table 2.1 and 2.2, we see that the total number of people killed in road collisions has been reducing in the County in recent years. The number of injury collisions and casualties has reduced by almost 50% between 2000 and 2007 which was positive for the County as a whole and reflected the importance of road safety in many areas of the Council. However, in 2008, due to improved reporting of collisions, as indicated in the Road Safety Authority publication Road Collision Facts 2008, there was a high increase in the number of collisions between 2007 and 2008. As the level of under reporting of collisions prior to 2008 is uncertain, it is difficult to draw conclusions if there has been an upward trend in road collisions. In any case, there are still a high number of collisions occurring on the County’s road network each year resulting in very significant human suffering at many levels and are at a high cost to society. As part of the plan, it is proposed to use the 2008 as the main baseline for collision reduction.

2.2 Casualty Trends Road Users 2000 to 2008 Tables 2.3 and Table 2.4 show the overall fatal and injury casualty trends for various road users categories over the period 2000 to 2008.

Table 2.3 Fatal Casualties in DLR County Council Area 2000 to 2008 Casualties 2000 2001 2002 2003 2004 2005 2006 2007 2008 Pedestrians 2 1 4 1 1 1 0 2 1 Pedal Cycle Users 0 0 0 0 0 0 1 0 0 Motor Cycle Users 1 0 0 1 1 0 0 1 0 Car Users 3 3 4 0 2 4 5 1 0 PSV Users 0 0 0 0 0 0 0 0 0 Goods Veh. Users 0 0 0 0 0 0 0 0 0 Other/Unknown 0 0 0 0 0 0 0 0 0 Total 6 4 8 2 4 5 6 4 1

Table 2.4 Injury Casualties in DLR County Council Area 2000 to 2008 Casualties 2000 2001 2002 2003 2004 2005 2006 2007 2008 Pedestrians 44 37 45 33 35 27 43 35 51 Pedal Cycle Users 20 17 17 18 11 12 15 13 25 Motor Cycle Users 67 55 66 52 39 29 19 17 26 Car Users 157 121 106 96 88 89 117 76 154 PSV Users 1 1 4 1 1 6 2 2 4 Goods Veh. Users 11 4 7 4 8 3 4 3 7 Other/Unknown 2 6 3 3 1 13 6 4 7 Total 302 241 248 207 182 179 206 150 274

From Tables 2.3 and 2.4, we see that about half of those killed and injured involved car users and 44% of collisions involved vulnerable road users (pedestrians, pedal cyclists and motor cyclists).

2.3 Comparison with other City and County Council Areas Comparing the rate of collisions per population between Local Authorities provides a useful indicator on how Dún Laoghaire-Rathdown County are

30 performing at a national level. Using population data from the last census in 2006, a comparison is made with the main City and County Councils using collision data also from 2006 as shown in Table 2.5. The casualty rate per 1000 population of 1.1 is lower than most of the City and County Councils examined and lower than casualty rate in the Dublin Region and nationally. It should be noted that the number of collisions also increased in other City and County Councils between 2007 and 2008 arising from the improved reporting procedures.

Table 2.5 Casualty Rates in City and County Councils 2006

2006 Local Authority Population Total Casualty Rate Casualties per 1000 Population 1 Waterford City 107,961 58 0.5 2 Fingal County 239,992 225 0.9 3 Dún Laoghaire- Rathdown County 194,038 212 1.1 4 South Dublin County 246,935 333 1.3 5 Galway City 72,414 102 1.4 6 Dublin City 506,211 962 1.9 7 Cork City 119,418 228 1.9 8 Limerick City 52,539 145 2.8

Dublin Region 1,187,776 2265 1.9 8 National 4,239,848 8575 2.0 Source: Road Collision Facts 2006, Central Statistics office (www.cso.ie)

2.4 Vehicle Ownership 2000 to 2008 Collision numbers in the County and Nationally should be set against the large increase in vehicle ownership since 2000 and the resultant growth in travel. This is particular so in the Dún Laoghaire-Rathdown County Council which has one of the highest car ownership per household in the Country. Table 2.6 shows the growth in the number of licensed vehicles in Dublin City and County over the period 2000 to 2008.

Over the period 2000 to 2008, the number of licensed vehicles in Dublin City and County grew by 4.1% per annum on average (compared with 5.4% nationally), adding to increased travel on the road network. In the context of this annual growth in vehicle ownership and the high car ownership per household in the Dún Laoghaire-Rathdown County Council, it is positive to see a reduction in the number of collisions up to 2007.

Table 2.6 Vehicles Licensed in Dublin and Ireland (000’s) 2000 to 2008 Year Dublin City and County Ireland 2000 455,657 1,682,200 2001 474,315 1,769,684

31 2002 484,988 1,850,046 2003 498,664 1,937,429 2004 516,828 2,036,307 2005 552,567 2,138,700 2006 572,733 2,296,393 2007 610,053 2,441,564 2008 622,300 2,497,568 Growth +37% +48% Irish Bulletin of Vehicle and Driver statistics 2000 to 2008, DOELG / DOT

3. Road Safety Plan Target Setting a quantified road safety target can contribute in improved road safety performance provided a realistic safety programme is developed to help achieve the target (European Transport Safety Council, 2003). The target set in the National Road Safety Strategy is to maintain the number of fatal collisions in the county at a level not greater than 60 deaths per million population per year. Applying the population of Dún Laoghaire - Rathdown County Council to this target would equate to a target of not greater than 12 fatalities per year. As this has been achieved, it is proposed that the target set for fatal casualties is not more than 4 per year and to set a main target focussing on total numbers of fatal and injury casualties. Therefore the main target being set as part of the Dún Laoghaire - Rathdown County Council Road Safety Plan 2010 to 2015 is as follows:

Main Target To reduce the number of casualties in County Council area by 20% over the period 2010 to 2015 using as a baseline number of fatal and injury casualties in 2008 of 275 (not greater than 220).

This will be achieved by implementing a series of measures based on a concept known as the four ‘E’s, Engineering Education, Enforcement, and Evaluation. Sub target and actions have been set for each of the main four E’s, which are outlined below.

4. Implementing the Road Safety Plan

4.1 Introduction Taking its lead from the RSA’s Road Safety Strategy 2007 – 2014, the Dún Laoghaire - Rathdown County Council Road Safety Plan 2010 – 2015 is centred around Education, Enforcement, Engineering and Evaluation. The inter- relationship of the main 4 ‘E’s is an important concept particularly in the areas of Engineering and Education. Whereas ‘Engineering’ measures often result initially in large collision savings, this reduction in collisions may decrease with time as road users become accustomed to a particular measure. The opposite is the case for ‘Education’ as the number of persons exposed will form a small proportion of the total road users and the immediate impact in terms of collision reduction will be relatively small. In time, it is hoped that consistent road safety education and encouragement will achieve significant behavioural changes, which can be expected to lead to a reduction in the number of collisions and casualties. Greater Garda Enforcement can also be effective in improving driver behaviour through compliance with traffic laws as indicated by the introduction of penalty points in 2002 and mandatory alcohol testing in 2006. Finally Evaluation can help to ensure a sustainable reduction in road deaths and injuries by an ongoing review into the actions taken each year and the evaluation of the road safety plan at the end of its period of operation.

32 4.2 Engineering Research has shown that the vast majority of road collisions can be directly or indirectly attributed to inappropriate road user behaviour/performance. In the National Road Safety Strategy, it is stated that 9 out of 10 fatal collisions are caused primarily by the behaviour of road users. In a small proportion of cases the road environment is a contributing factor. Engineering measures offer the most effective way of reducing collisions in the short to medium term by tackling problems in the road environment directly and by seeking to counter or reduce the scope for inappropriate road user behaviour/performance. The following lists sub target and specific actions for engineering measures to help reduce fatal and injury casualties in the County

Actions:  Ongoing monitoring of collision data and implementation of low cost collision remedial measures annually at appropriate collision prone locations.  Implementation of local traffic calming measures as per the 'Prioritisation of Traffic Calming Schemes' final report at appropriate locations.  Upgrading of existing and provision of new pedestrian facilities throughout the County at appropriate locations, catering for the needs of all vulnerable road users including mobility impaired and disabled persons.  Carry out assessment of cycle routes in the County including identification of collisions locations and the provision of new cycle tracks and facilities.  Implementation of the Road Safety Audit / Road User Audit process for major new road and traffic schemes, including QBC's, and as part of the development management process for larger development.  Provision of special 30 km/h speed limits at appropriate locations in accordance with National Department of Transport guidelines.  Implementation of school safety zones at appropriate locations.  Incorporating road safety into the development management process where possible

4.3 Education The aim of education and training in Road Safety is to educate all road users in the proper and safe use of roads in order to change user attitudes and behaviour and to stimulate an awareness of the need for improvement in road safety. International and Irish research has consistently identified human behaviour and human error as the main contributory factor in all collisions with environmental and road factors accounting for 5%. Road user behavioural changes are necessary to help reduce and prevent road collisions. This can be partly achieved through awareness programmes of education, training, and promotion.

Dún Laoghaire - Rathdown County Council has been active in developing and promoting road safety in schools and to the wider community for many years though Road Safety education and training. The education of young road users is important in establishing road safety attitudes and behaviour. Exposure to road traffic education and training skills at this early age can increase awareness in the safe use of the road environment. Parents and teachers have a role to play in ensuring that young people under their charge stay safe while on the journey to and from school. The following actions for further Road Safety education and training measures in the County are outlined below:

Actions:  The County Council along with other stakeholders will continue to support parents and teachers in delivering effective road safety education and training programmes in schools and the provision of the school warden

33 service  Encourage schools and parents to develop and promote road safety encouragement through sustainable travel plans, working with the Green School Programme and other strategies that encourage responsible safe travel throughout the road network.  The encouragement of walking and cycling forms a part of the wider strategy to encourage walking and cycling as a healthy and sustainable transport alternative to the use of the private car.  Elimination of illegal/inappropriate parking though enforcement and education campaigns

4.4 Enforcement The primary responsibility for enforcement of road traffic legislation rests with An Garda Síochána. In particular, continuous high visibility enforcement will focus on speed limits, drink driving, seat belt wearing, vehicle roadworthiness and driver regulations.

Dún Laoghaire - Rathdown County Council’s main role is in the enforcement of parking restrictions. The County Council will continue to target vehicles that are parked in a dangerous manner for enforcement action. Dún Laoghaire - Rathdown County Council works closely with the Gardaí in dealing with road safety issues in the County. The following actions are proposed to maintain communication between Dún Laoghaire - Rathdown County Council and the Gardaí on road safety issues:

 Jointly inspect each fatal collision location with a member of An Garda Síochána as soon as practicable after a fatal and serious collision occurrences as per NRA Reporting Guidelines.  Explore areas of co-operation with the Gardaí in the area of road safety engineering and education through regular meetings.  A co-ordinated approach is to be adopted between the Dún Laoghaire - Rathdown County Council Road Safety Section and Community Policing in delivering education programmes to school children.

4.5 Evaluation The effectiveness of a particular service refers to the extent it achieves its objectives. It is vital that the Road Safety Plan, be evaluated to establish its effectiveness. As part of the Road Safety Plan, to help ensure a reduction in collisions and casualties in the County, a report will be carried out annually to implemention of the plan and will be presented to the elected members at the Transportation Strategic Policy Committee.

4.6 European Road Safety Charter The European Road Safety Charter is a European participatory platform made up of enterprises, associations, research institutions and public authorities. Organizations undertake to carry out concrete actions and share their good practices in order to resolve the road safety problems that they encounter in their day-to-day environments. The objective of the Charter is to help reduce road fatalities. A number of Local Authorities and companies have signed up to the Charter in Ireland. Dún Laoghaire - Rathdown County Council proposes to sign up to this important charter and commits to implement this Road Safety Plan over the next five years.

5. Conclusion Dún Laoghaire - Rathdown County Council has adopted a strategy for road safety based on what is known as the four ‘E’s, Education, Enforcement, Engineering and Evaluation This requires a co-ordinated approach between Dún Laoghaire - Rathdown

34 County Council and the Gardaí to provide focus on collision and casualty reduction in the County.

A review will be presented to the Transportation Strategic Policy Committee in Dún Laoghaire - Rathdown County Council assessing what has been done over the period of the plan to help achieve the fatal and injury casualty targets. The Council are also committing to signing up to the European Road Safety Charter.

The continued focus on road safety in the County, as part of transport policy, will contribute further to collision and casualty reduction in the County.”

It was AGREED to take Item 42 in conjunction with this Item.

It was proposed by Councillor R. Humphreys:

Motion: Councillor R. Humphreys “That a chapter be added to the Draft Road Safety Plan 2010-2015 listing all recommendations addressed to local authorities set out in the RSA Road Safety Strategy 2007 to 2012 and providing the response and proposed actions of the Council in respect of each such recommendation.

That the following section be added to the Draft Plan – “6. Consultation During a six month period commencing in April 2010, this Plan will be the subject of a public consultation process which will include the principal organisations appearing to the County Council to have an interest in the subject of road safety, and the Manager will present a revised Plan drawing on this consultation process to the Transportation SPC and thereafter to the Council in or prior to April 2011.”

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

“The matter is listed on the Agenda under Item No. 9

It is not considered appropriate to amend the Draft Road Safety Plan 2010 – 2015 on the lines suggested by the Councillor. Neither is it considered appropriate that the Council Draft Road Safety Plan should be subject to a public consultation process. The plan complies with the Road Safety Authority’s broad template for local authority Road Safety Plans. The draft plan was also considered by the Transportation Strategic Policy Committee.”

A discussion took place, during which Mr. T. McHugh, Director of Transportation responded to Members queries.

Following discussion the motion was NOT PUT and the Dún Laoghaire-Rathdown County Council Road Safety Plan 2010 – 2015 was AGREED. It was also AGREED to discuss consultation with suggested organisations at the next Transportation Strategic Policy Committee meeting.

C/312/10 Proposed Pay & Display Parking Control Scheme - Ailesbury Grove/Lawn

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

35 “Report of the Dundrum Area Committee (Planning, Transportation and Water & Waste Services) held in Dundrum Office, Dundrum Office Park, Off Main Street, Dundrum on Monday, 22 March 2010

The following report by the Manager was circulated to the Members and AGREED:

DDP/106/10 Proposed Pay & Display Parking Control Scheme - Ailesbury Grove & Ailesbury Lawn

The following report was CONSIDERED:

Dún Laoghaire-Rathdown County Council’s Parking Control Bye-Laws 2007 were adopted by Council on 11 June 2007 and came into operation on 1 August 2007. In accordance with the ‘Guidelines for the Implementation of Pay & Display Parking Control Schemes’, in primarily residential areas, eligible residents will be surveyed to ascertain their preference in relation to the proposed introduction of the Parking Control Scheme.

Following representations received to include Ailesbury Grove / Ailesbury Lawn, Dundrum in the Parking Control Scheme a survey of the residents, listed on the Register of Electors, on Ailesbury Grove / Ailesbury Lawn was carried out to ascertain the residents’ preference for the introduction of Pay & Display.

299 survey papers were issued. 232 completed survey papers were returned by the closing date, 19 February 2010: 158 survey papers were returned in favour of the introduction of Pay & Display on Ailesbury Grove / Ailesbury Lawn; 74 survey papers were returned against the introduction of Pay & Display.

It is proposed that Ailesbury Grove / Ailesbury Lawn will have short stay (maximum 3 hours) parking to include residential parking, with double yellow lines, where appropriate, as indicated on drawing TT-042-01-08. The hours of operation of the Parking Control Scheme on Ailesbury Grove / Ailesbury Lawn will be 08.00 – 19.00, Monday to Saturday. In accordance with the Parking Control Bye-Laws 2007, the charge is €1.00 per hour, to a maximum of three hours.

The proposed Pay & Display Parking Scheme for Ailesbury Grove / Ailesbury Lawn is presented to the Area Committee for decision.

Following a discussion the report was AGREED subject to the provision of double yellow lines opposite house No. (Address Withheld)instead of Pay and Display.

The adoption of the foregoing report was AGREED.

Signed: Councillor Tom Joyce Area Chairperson

The introduction of pay parking control is a reserved function of the Council. In order to implement the proposed parking scheme for Ailesbury Grove & Ailesbury Lawn the following resolution is required:

“The Council resolves to implement pay parking control on Ailesbury Grove & Ailesbury Lawn.””

It was proposed by Councillor P. Hand, seconded by Councillor A. Culhane and RESOLVED:

36 “That this Council resolves to implement pay parking control on Ailesbury Grove & Ailesbury Lawn.”

C/313/10 Proposed Pay & Display Parking Control Scheme - Brookfield Court, Blackrock

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

“Report of the Dún Laoghaire Area Committee (Planning, Transportation and Water & Waste Services) held in the Council Chambers, County Hall, Dun Laoghaire on Tuesday, 6 April 2010

The following report by the Manager was circulated to the Members and AGREED:

DLP/195/10 PROPOSED PARKING SCHEME - BROOKFIELD COURT, BLACKROCK

It was PROPOSED by Councillor M. Baker and SECONDED by Councillor N. Bhreathnach.

Following representations received to include Brookfield Court, Blackrock in the Parking Control Scheme a survey of the residents, listed on the Register of Electors, on Brookfield Court, Blackrock was carried out to ascertain the residents’ preference for the introduction of Pay & Display.

37 survey papers were issued. 28 completed survey papers were returned by the closing date, 18th February 2010. 15 survey papers were returned in favour of the introduction of Pay & Display on Brookfield Court, Blackrock; 13 survey papers were returned against the introduction of Pay & Display.

It is proposed that Brookfield Court, Blackrock will have short stay (maximum 3 hours) parking, to include residential parking provided with double yellow lines, where appropriate, as indicated on drawing TT-095-01-09B. The hours of operation of the Parking Control Scheme on Brookfield Court, Blackrock will be 08.00 – 19.00, Monday to Friday. In accordance with the Parking Control Bye-Laws 2007, the charge is €1.00 per hour.

The proposed Pay & Display Parking Scheme for Brookfield Court, Blackrock is presented to the Area Committee for decision.

The foregoing report of the Manager was AGREED.

The adoption of the foregoing report was PROPOSED by Councillor M. Baker, SECONDED by Councillor N. Breathnach and AGREED.

Signed: Councillor D. Marren Area Chairperson

37 The introduction of pay parking control is a reserved function of the Council. In order to implement the proposed parking scheme for Brookfield Court, Blackrock the following resolution is required:

“The Council resolves to implement pay parking control on Brookfield Court, Blackrock.””

It was proposed by Councillor N. Bhreathnach, seconded by An Cathaoirleach, Councillor M. Baker and RESOLVED:

“That this Council resolves to implement pay parking control on Brookfield Court, Blackrock.”

C/314/10 Proposed Pay & Display Parking Control Scheme - Sandycove Road retail area/Ballygihen

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

“Report of the Dún Laoghaire Area Committee (Planning, Transportation and Water & Waste Services) held in the Council Chambers, County Hall, Dun Laoghaire on Tuesday, 6 April 2010

The following report by the Manager was circulated to the Members and AGREED:

"DLP/196/10 PROPOSED PARKING SCHEME - SANDYCOVE ROAD RETAIL AREA / BALLYGIHEN AVENUE

It was PROPOSED by Councillor Mary Mitchell O’Connor and SECONDED by Councillor C. Devlin.

Dún Laoghaire-Rathdown County Council’s Parking Control Bye-Laws 2007 were adopted by Council on 11 June 2007 and came into operation on 1 August 2007.

It is proposed to introduce Pay & Display parking control at the retail area on Sandycove Road (section between Burdett Avenue and Ballygihen Avenue) and on Ballygihen Avenue as indicated on drawing TT-087-03-08.

A Traffic Survey was carried out which demonstrated all day parking together with congested and illegal parking at this location. Demand for Pay & Display parking came from retailers, who want an increased turnover in parking spaces, and representations were received from some residents to include Ballygihen Avenue in the Parking Control Scheme. A survey of eligible residents, listed on the Register of Electors, on Ballygihen Avenue was carried out to ascertain the residents’ preference for the introduction of Pay & Display parking control on Ballygihen Avenue and at Sandycove Road retail area.

Thirty survey papers were issued. Twenty four completed survey papers were returned by the closing date, 19 March 2010: 15 survey papers were returned in favour of the introduction of Pay & Display on Ballygihen Avenue and at the retail area on Sandycove Road; 9 survey papers were returned against the introduction of Pay & Display.

Pay & Display parking control will apply in this area Monday to Saturday from 08.00 to 19.00 and the maximum parking period will be 3 hours. The charge will be €1.00 per hour at Sandycove Road retail area / Ballygihen Avenue.

38 The parking bays at the retail area on Sandycove Road will be short stay (maximum 3 hours) parking, designated ‘Permits Not Valid’. The parking bays at Ballygihen Avenue will be designated short stay (maximum 3 hours) parking, to include residential parking by eligible holders of residential parking permits issued for Ballygihen Avenue parking area.

The proposed Pay & Display Parking Scheme for the retail area at Sandycove Road (section between Burdett Avenue and Ballygihen Avenue) and Ballygihen Avenue is presented to the Area Committee for decision.

The foregoing report of the Manager was READ and following a discussion between the Members the report was AGREED."

The adoption of the foregoing report was PROPOSED by Councillor M. Mitchell O'Connor, SECONDED by Councillor C. Devlin and AGREED.

Signed: Councillor D. Marren Area Chairperson

The introduction of pay parking control is a reserved function of the Council. In order to implement the proposed parking scheme for Sandycove Road Retail Area / Ballygihen Avenue the following resolution is required:

“The Council resolves to implement pay parking control on Sandycove Road Retail Area / Ballygihen Avenue.””

It was proposed by Councillor M. Mitchell O’Connor, seconded by Councillor S. Fitzpatrick and RESOLVED:

“That this Council resolves to implement pay parking control on Sandycove Road Retail Area / Ballygihen Avenue.”

C/315/10 Adoption of Draft Dublin Region Framework Homeless Action Plan - 2010 to 2013

The draft Dublin Region Framework Homeless Action Plan - 2010 to 2013 and the following report of the Manager, copy of which had been circulated to the Members was CONSIDERED:

“The Homeless provisions of the Housing (Miscellaneous Provisions) Act 2009 are now in place. The provisions in Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009 relating to statutory homelessness consultative fora and homelessness action plans formally commenced on 1 February 2010. The Minister for the Environment, Heritage and Local Government has made separate directions for Dublin and the other regions.

Ministerial directions in relation to Dublin were issued on 4 March 2010 and apply up to 31 December 2010. The Dublin directions provide for the establishment and membership of a Dublin Joint Homelessness Consultative Forum which includes the four Dublin local authorities, with Dublin City Council being the Lead Local Authority. The guidelines also provide for the initiation of action to develop a statutory homeless action plan for Dublin to 2013.

The request to prepare a new three year homeless action plan for the region was issued to the Chair of the Management Group on 15th March 2010 and a maximum 10 week period is allowed prior to the submission of the plan to the respective councils for

39 adoption. Under consultation on these arrangements, it was agreed a draft Framework Homeless Action Plan for the Dublin region would be drafted by the Homeless Agency for submission to the respective Dublin Councils in May 2010.

The framework document concentrates on a number of core actions, and there are a number of other sections, to explain the background to the framework plan, to give the extent of homelessness and an overview of previous action plans. The ministerial directives allow for the plan to be augmented/ developed as the year progresses. This is particularly important in light of the fact that there is so much change in homeless services being implemented in 2010.

There is a legal requirement for the Councils to adopt the Framework Homeless Action Plan for the Dublin Region. The adoption of the Plan is a reserved function. In accordance with the legislation, the Plan must be adopted within the timescale indicated above and therefore in compliance with the deadline, must be adopted at the May 2010 County Council meeting.

The Council are requested to approve the adoption of the Dublin Region Framework Homeless Action Plan - 2010 to 2013. Accordingly, the resolution for the adoption of the Dublin Region Framework Homeless Action Plan - 2010 to 2013 is as follows:

“That the Dublin Region Framework Homeless Action Plan - 2010 to 2013 be ADOPTED and APPROVED.”

A discussion took place, during which Mr. C. Mac Namara, Director of Housing responded to Members queries.

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor B. Ward and RESOLVED:

“That the Dublin Region Framework Homeless Action Plan - 2010 to 2013 be ADOPTED and APPROVED.”

C/316/10 Proposed inter authority agreement with Kildare County Council for the repair and refurbishment works to bridges on the M11 and N11

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

“Section 85 of the Local Government Act 2001 provides for agreements to be entered into between Local Authorities, allowing functions to be carried out by one Local Authority on behalf of the other.

The Council’s Transportation Department have been in discussions with the National Roads Authority about maintenance and repair works involving the replacement of bridge deck expansion joints at four bridges on the M11 and N11 and waterproofing and resurfacing the UCD Flyover on the N11. The National Roads Authority have also been in discussions with Kildare County Council about similar works to a number of bridges in Kildare County Council’s administrative area.

It is now proposed that Kildare County Council act as the lead authority in designing and procuring the replacement of the bridge deck expansion joints, to include the bridges on the M11 and N11, and the waterproofing and resurfacing of the UCD Flyover on the N11. The costs involved will be fully funded by the National Roads Authority.

40 The draft agreement is attached, the making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function, and in order to enter the agreement the following resolution is required:

It is hereby resolved to enter into an agreement under Section 85 of the Local Government Act 2001 with Kildare County Council to replace the bridge expansion joints to bridges on the M11 and N11, and waterproof and resurface the UCD Flyover on the N11.

Contact person: Tom McHugh Director

AGREEMENT between KILDARE COUNTY COUNCIL And DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 85 OF THE LOCAL GOVERNMENT ACT 2001 For the REPLACEMENT OF EXPANSION JOINTS, WATERPROOFING AND RESURFACING ON VARIOUS LEINSTER BRIDGES

24th MARCH 2010

1.0 Introduction The National Road Authorities Regional Bridge Manager for Leinster who is employed by Kildare County Council and is based in the National Roads Design Office in Kildare County Council has identified the need to replace Bridge Deck Expansion Joints at the following structures

1. FG-N03-002.00 – Blakestown Road Bridge (Fingal) 2. FG-N03-003.00 – Blanchardstown Flover (Fingal) 3. FG-N03-004.00 – Navan Road Flover (Fingal) 4. FG-M50-022.00 – Castleknock Road Bridge (Fingal) 5. DB-N04-008.00 – Frank Sherwin Bridge (Dublin City) 6. DB-N04-007.00 – Con Colbert Road/Rail Bridge East (Dublin City) 7. LS-M07-042.00 – Rathleague Overbridge (Laois) 8. LS-M07-045.00 – R419 Overbridge (Laois) 9. LS-M07-046.00 – Great Heath Overbridge (Laois) 10. KE-M04-036.00 – Celbridge Road Overbridge (Kildare) 11. KK-N78-005.00 – Dysart Bridge North (Kilkenny) 12. KK-N77-006.00 – Ballyragget Bridge (Kilkenny) 13. DR-M11-001.00 – Old Connaught Avenue Bridge (Dún Laoghaire- Rathdown) 14. DR-M11-002.00 – Cois Carn M11 On-ramp (Dún Laoghaire-Rathdown) 15. DR-M11-005.00 Stonebridge Road Bridge (Dún Laoghaire-Rathdown) 16. DR-N11-010.00 – UCD Flyover (Dún Laoghaire-Rathdown 17. WX-N25-027.00 – O’Hanrahan Bridge (Wexford)

And the waterproofing and resurfacing at the following structures:-

1. KK-N77-006.00 – Ballyragget Bridge (Kilkenny) 2. DR-N11-010.00 UCD Flyover (Dún Laoghaire-Rathdown)

2.0 Proposal It is proposed by the National Roads Authority that the replacement of the afore-

41 mentioned expansion joints, waterproofing and resurfacing be undertaken under a single works contract for the following reasons:-

a) Considerable cost savings would be made if all works were carried out under a single works contract i.e. economies of scale. b) Considerable cost saving would be made in design and procurement as only one Tendering process would be required as opposed to seven for a contract let by the seven individual Local Authorities c) There would be considerable time savings as a consequence of only having to go through a single tendering process and only having to assess a single contractor for the role of Project Supervisor Design Process

It is the view of the National Roads Authority that Kildare County Council are best placed to Administer this contract. The NRA Regional Bridge Manager, who is also the Project Manager for this scheme, is an employee of Kildare County Council and is based in the National Roads Design office of Kildare County Council.

AGREEMENT made this day of 2010, BETWEEN THE COUNTY COUNCIL OF THE COUNTY OF KILDARE (hereinafter called Kildare County Council) having its principal offices at Aras Chill Dara, Devoy Park, Newbridge Road, Naas in the County of Kildare of the One Part

AND THE COUNTY COUNCIL OF THE COUNTY OF DÚN LAOGHAIRE-RATHDOWN (hereinafter called Dún Laoghaire-Rathdown County Council) having its principal offices at County Hall, Marine Road, Dún Laoghaire, County Dublin, of the Other Part.

WHEREAS:

(a) Dún Laoghaire-Rathdown County Council is desirous of replacing the deteriorated expansion joints on the M11, Old Connaught Avenue Bridge, Cois Carn M11 On- ramp, Stonebridge Roadbridge and on the N11, UCD Flyover and the waterproofing and resurfacing on the N11, UCD Flyover, which is described in the Schedule hereto and is hereinafter called “the project”.

(b) Dún Laoghaire-Rathdown County Council being of the opinion that it would be more convenient if all statutory powers functions and duties which may be exercised and performed by it in relation to the construction of the project were exercised and performed by Kildare County Council on behalf of Dún Laoghaire- Rathdown County Council (The National Roads Authority and Kildare County Council having the resource of the Kildare National Roads Design Office) and Kildare County Council being able and willing to exercise and perform the foregoing Statutory powers functions and duties the parties hereto have agreed by resolution of each said Council and in accordance with the provisions of Section 85 of the Local Government Act 2001 (as amended) to enter into this agreement.

NOW THEREFORE IT IS HEREBY AGREED by and between the parties hereto as follows:-

1. Dún Laoghaire-Rathdown County Council hereby agrees to Kildare County Council exercising and performing on its behalf, all of its Statutory powers, functions and duties of Dún Laoghaire-Rathdown County Council, which are now, or may hereafter be vested in Dún Laoghaire-Rathdown County Council, and necessary to enable Kildare County Council to perform and carry out fully all functions of Dún Laoghaire-Rathdown County Council necessary to achieve the construction and completion of the Project.

42 2. Kildare County Council shall construct and complete the Project to such a standard as it may decide in consultation with the National Roads Authority and shall incur such costs or expenses (hereinafter collectively referred to as “the Cost”) as it may decide is necessary for the cost of constructing and completing the Project and as may be ancillary and consequential hereto. The design will be provided by the National Roads Authority and its agents.

3. Kildare County Council shall be responsible for and shall apply to the appropriate Authority for an allocation of the funds necessary to cover the cost.

4. The actual cost of the construction and completion of the Project shall include the costs and expenses of all acts necessary and ancillary thereto which shall be ascertained and certified by the Director of Services, Directorate of Transportation or other person as may be appointed by the County Manager of Kildare County Council.

5. Kildare County Council shall consult with and shall provide Dún Laoghaire- Rathdown County Council and its officers with all information currently available to it, which Dún Laoghaire-Rathdown County Council may require from time to time in relation to the execution of the Project.

6. Dún Laoghaire-Rathdown County Council shall provide Kildare County Council and its officers with all information currently available to it which Kildare County Council may require in relation to the execution of the Project

7. Dún Laoghaire-Rathdown County Council shall co-operate fully with Kildare County Council in all respects and where and when necessary in relation to the exercise and performance by Kildare County Council of the Statutory powers, functions and duties undertaken by it under this agreement.

8. In the event of a dispute arising between the parties hereto as to the effect or interpretation of this agreement or as to the respective rights or liabilities of the parties hereto same shall be referred to and decided by the National Roads Authority or by such other person as the said Authority may appoint and in that respect the decision of the said Authority or the person so appointed shall be final and binding on the parties hereto.

9. Kildare County Council or its agents shall agree with Dún Laoghaire-Rathdown County Council the starting date for the commencement of the proposed works including the detail of the traffic management plan required to be put in place to facilitate the safe and timely execution of the works at each of the bridges referred to in this agreement. The consent of Dún Laoghaire-Rathdown County Council to the detail of the proposed traffic management plan shall not be unreasonably withheld by Dún Laoghaire-Rathdown County Council or any of its Officers.

IN WITNESS whereof Dún Laoghaire Rathdown-County Council and Kildare County Council have caused their respective Seals to be affixed hereto on the day and year first hereinbefore WRITTEN

PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF KILDARE was affixed hereto:-

(Nominated member)

43 (County Manager)

(County Secretary)

PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF DÚN-LAOGHAIRE RATHDOWN was affixed hereto:-

(Nominated member)

(County Manager)

(County Secretary)

SCHEDULE HEREINBEFORE REFERRED TO

The construction/replacement of Bridge Deck Expansion joints on the M11, Old Connaught Avenue Bridge, Cois Carn M11 On-ramp, Stonebridge Roadbridge and on the N11, UCD Flyover and the waterproofing and resurfacing on the N11, UCD Flyover, County Dún Laoghaire-Rathdown in accordance with the provisions of the Roads Act 1993 to 2007 and in accordance with the design referred to in paragraph (1) of this agreement.”

It was proposed by Councillor R. Humphreys, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire-Rathdown County Council to enter into an agreement under Section 85 of the Local Government Act 2001 with Kildare County Council to replace the bridge expansion joints to bridges on the M11 and N11, and waterproof and resurface the UCD Flyover on the N11.”

C/317/10 Proposed inter authority agreement with Kildare County Council for removal of graffiti from structures on M50 and M11

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

The Council’s Transportation Department have been in discussions with the National Roads Authority about the removal of graffiti from overbridges on the M50 and M11. The National Roads Authority have also been in discussions with Kildare County Council about similar works to a number of bridges in Kildare County Council’s administrative area.

It is now proposed that Kildare County Council act as the lead authority in procuring the graffiti removel service, to include the overbridges on the M50 and M11. The costs involved will be fully funded by the National Roads Authority.

44 The draft agreement is attached, the making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function, and in order to enter the agreement the following resolution is required:

It is hereby resolved to enter into an agreement under Section 85 of the Local Government Act 2001 with Kildare County Council to remove graffiti from overbridges on the M50 and M11.

Contact person: Tom McHugh Director

AGREEMENT between KILDARE COUNTY COUNCIL and DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 85 OF THE LOCAL GOVERNMENT ACT 2001 For the REMOVAL OF GRAFFITI ON GREATER DUBLIN AREA OVERBRIDGES

24th MARCH 2010

1. SD-M50-000.80 – Kings Hospital Footbridge (South Dublin) 2. SD-M50-001.00 – Palmerstown Interchange North Bridge (South Dublin) 3. SD-M50-002.00 – Palmerstown Interchange South Bridge (South Dublin) 4. SD-M50-003.00 – Coldcut Road Overbridge (South Dublin) 5. SD-M50-004.00 – Cloverhill Road Overbridge (South Dublin) 6. SD-M50-008.00 – Naas Road Interchange North Bridge (South Dublin) 7. SD-M50-009.00 – Naas Road Interchange South Bridge (South Dublin) 8. SD-M50-010.00 – Naas Road Interchange Former Luas Bridge (South Dublin) 9. SD-M50-011.00 – Walkinstown Embankment Bridge (South Dublin) 10. SD-M50-011.10 – Ballymount Interchange (South Dublin) 11. SD-M50-013.00 – Greenhills Road Bridge (South Dublin) 12. SD-M50-014.00 – Tymon Park Footbridge (South Dublin) 13. SD-M50-016.00 – National Basketball Arena Footbridge (South Dublin) 14. SD-M50-017.00 – Balrothery Interchange North Bridge (South Dublin) 15. SD-M50-018.00 – Balrothery Pedestrian Bridge (South Dublin) 16. SD-M50-020.00 – Balrothery Interchange South Bridge (South Dublin) 17. SD-M50-022.00 – Firhouse Bridge (South Dublin) 18. SD-M50-023.00 - Knocklyon Footbridge (South Dublin) 19. SD-M50-024.00 – Scholarstown Bridge (South Dublin) 20. SD-M50-025.00 – Stocking Lane Bridge (South Dublin) 21. DR-M50-004.00 – Blackglen Underpass Bridge (Dún Laoghaire- Rathdown) 22. DR-M50-006.00 – Sandyford Road Overbridge (Dún Laoghaire- Rathdown) 23. DR-M50-007.00 – Sandyford Interchange West Overbridge (Dún Laoghaire-Rathdown) 24. DR-M50-008.00 – Sandyford Interchange East Overbridge (Dún Laoghaire-Rathdown) 25. DR-M50-009.00 – Sandyford South RampViaduct (Dún Laoghaire- Rathdown)

45 26. DR-M50-010.00 – Leopardstown Road Overbridge (Dún Laoghaire- Rathdown) 27. DR-M50-011.00 – Murphystown Road Overbridge (Dún Laoghaire- Rathdown) 28. DR-M50-012.00 – Leopardstown Racecourse Overbridge (Dún Laoghaire- Rathdown) 29. DR-M50-013.00 – Carrickmines Interchange Overbridge (Dún Laoghaire- Rathdown) 30. DR-M50-016.00 – Tully Lane Overbridge (Dún Laoghaire-Rathdown) 31. DR-M50-017.00 – Loughlinstown Overbridge North (Dún Laoghaire- Rathdown) 32. DR-M50-018.00 – Loughlinstown Overbridge South (Dún Laoghaire- Rathdown) 33. DR-M50-021.00 – Stonebridge Road Overbridge (Dún Laoghaire- Rathdown) 34. KE-M04-022.00 – Commons West Bridge (Kildare) 35. KE-M04-024.00 – Courtown Little Bridge (Kildare) 36. KE-M04-030.00 – Newtown Road Bridge (Kildare) 37. KE-M04-033.00 – Ballygoran Road Bridge (Kildare) 38. KE-M04-036.00 – Celbridge Road Overbridge (Kildare) 39. SD-N07-003.00 – Rathcoole Overbridge (South Dublin) 40. SD-N07-009.00 – Monastry Rd Overbridge (South Dublin) 41. DR-M11-001.00 – Old Connaught Avenue Bridge (Dún Laoghaire- Rathdown) 42. DR-M11-002.00 – Cois Carn M11 On-Ramp (Dún Laoghaire-Rathdown) 43. DR-M11-003.00 – Crinken Lane Bridge (Dún Laoghaire-Rathdown) 44. DR-M11-004.00 – Ballybride Road Footbridge (Dún Laoghaire- Rathdown) 45. DR-M11-004.40 – Shankill Overbridge (Dún Laoghaire-Rathdown) 46. DR-M11-005.00 – Stonebridge Road Bridge (Dún Laoghaire-Rathdown)

2.0 Proposal It is proposed by the National Roads Authority that the removal of graffiti be undertaken under a single works contract for the following reasons:-

a) Considerable cost savings would be made if all works were carried out under a single works contract i.e. economies of scale. b) Considerable cost saving would be made in design and procurement as only one Tendering process would be required as opposed to three for a contract let by the three individual Local Authorities c) There would be considerable time savings as a consequence of only having to go through a single tendering process and only having to assess a single contractor for the role of Project Supervisor Design Process.

WHEREAS:

46 (a) Dún Laoghaire-Rathdown County Council is desirous of removing grafitti on the M50, Blackglen Underpass Bridge, Sandyford Road Overbridge, Sandyford Interchange West Overbridge, Sandyford Interchange East Overbridge, Sandyford South RampViaduct, Leopardstown Road Overbridge, Murphystown Road Overbridge, Leopardstown Racecourse Overbridge, Carrickmines Interchange Overbridge, Tully Lane Overbridge, Loughlinstown Overbridge North, Loughlinstown Overbridge South and Stonebridge Road Overbridge, and on the M11, Old Connaught Avenue Bridge, Cois Carn M11 On-Ramp, Crinken Lane Bridge, Ballybride Road Footbridge, Shankill Overbridge and Stonebridge Road Bridge, which is described in the Schedule hereto and is hereinafter called “the project”.

NOW THEREFORE IT IS HEREBY AGREED by and between the parties hereto as follows:-

2. Kildare County Council shall construct and complete the Project to such a standard as it may decide in consultation with the National Roads Authority and shall incur such costs or expenses (hereinafter collectively referred to as “the Cost”) as it may decide is necessary for the cost of constructing and completing the Project and as may be ancillary and consequential hereto. The design will be provided by the National Roads Authority and its agents.

3. Kildare County Council shall be responsible for and shall apply to the appropriate Authority for an allocation of the funds necessary to cover the cost.

47 7. Dún Laoghaire-Rathdown County Council shall co-operate fully with Kildare County Council in all respects and where and when necessary in relation to the exercise and performance by Kildare County Council of the Statutory powers, functions and duties undertaken by it under this agreement.

IN WITNESS whereof Dún Laoghaire-Rathdown County Council and Kildare County Council have caused their respective Seals to be affixed hereto on the day and year first hereinbefore WRITTEN

PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF KILDARE was affixed hereto:-

(Nominated member)

(County Manager)

(County Secretary)

PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF DÚN LAOGHAIRE-RATHDOWN was affixed hereto:-

(Nominated member)

(County Manager)

(County Secretary)

SCHEDULE HEREINBEFORE REFERRED TO

The removal of grafitti on the M50, Blackglen Underpass Bridge, Sandyford Road Overbridge, Sandyford Interchange West Overbridge, Sandyford Interchange East Overbridge, Sandyford South RampViaduct, Leopardstown Road Overbridge, Murphystown Road Overbridge, Leopardstown Racecourse Overbridge, Carrickmines Interchange Overbridge, Tully Lane Overbridge, Loughlinstown Overbridge North, Loughlinstown Overbridge South and Stonebridge Road Overbridge, and on the M11, Old

48 Connaught Avenue Bridge, Cois Carn M11 On-Ramp, Crinken Lane Bridge, Ballybride Road Footbridge, Shankill Overbridge and Stonebridge Road Bridge, County Dún Laoghaire Rathdown in accordance with the provisions of the Roads Act 1993 to 2007 and in accordance with the design referred to in paragraph (1) of this agreement.”

It was proposed by Councillor G. Horkan, seconded by Councillor B. Ward and RESOLVED:

“That Dún Laoghaire-Rathdown County Council enter into an agreement under Section 85 of the Local Government Act 2001 with Kildare County Council to remove graffiti from overbridges on the M50 and M11.”

C/318/10 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 - 2009, Planning and Development Acts, 2000 - 2008 and Section 138 of the Local Government Act, 2001.

PC/01/10 Proposed environment improvement works to include new paving, public lighting, landscaping and traffic management on Anglesea Lane and connecting Lane to Georges Street and to rear of Dungar Terrace together with Laneways between Northumberland Avenue to Mulgrave Street, Mulgrave Street to Patrick Street, Patrick Street to Convent Road and connected Laneways running to Cross Avenue, Dún Laoghaire, Co. Dublin

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

“PC/01/10

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, Dún Laoghaire Rathdown County Council gave notice of its intention to carry out environmental improvement works to include new paving, public lighting, landscaping and traffic management on Anglesea Lane and connecting Lane to Georges Street and to rear of Dungar Terrace together with Laneways between Northumberland Avenue to Mulgrave Street, Mulgrave Street to Patrick Street, Patrick Street to Convent Road and connected Laneways running to Cross Avenue, Dún Laoghaire, Co. Dublin in the Irish Times on Tuesday 23rd February 2010. Plans and particulars of the proposed development, including a summary report were available for inspection from Tuesday 23rd February 2010 up to and including Tuesday 6th April 2010 at the Planning Department County Hall, Dún Laoghaire (between the hours of 10.00a.m. and 4.00p.m.) and at the Council Offices, Dundrum Office Park, Dundrum (between the hours of 9.30a.m. and 12.30p.m. and 1.30p.m. and 4.30p.m. Submissions with regard to the proposed development could be made up to and including Tuesday 20th April 2010.

NATURE AND EXTENT OF PROPOSED DEVELOPMENT:

1. Proposed Development This proposal consists of the construction of environmental improvement works incorporating:  New Paving;  Public lighting;  Landscaping;  Traffic Management on Anglesea Lane and connecting Lane to George’s Street and to rear of Dungar Terrace together with laneways between Northumberland Avenue

49 to Mulgrave Street, Mulgrave Street to Patrick Street, Patrick Street to Convent Road and connected Laneways running to Cross Avenue, Dún Laoghaire, Co. Dublin.

2. Site Description and Context The Dún Laoghaire laneways scheme is for a collection of narrow lanes, which are located parallel and to the south of George’s Street. At present these lanes are in a state of poor repair with areas of broken pavement, haphazard parking and poor lighting, which are not attractive for pedestrians. Two narrower lanes connect from the main lane, which runs parallel to Georges Street to Cross Avenue, these serve properties on Convent Road, Patrick Street and Mulgrave Street. There has been some limited urban renewal off the laneways to date and there is opportunity for further urban renewal following the improvement of the laneways.

3. Zoning and Policy When this proposal was put on public display the 2004-2010 County Development Plan was the relevant development plan. On 8th April 2010 a new County Development Plan was adopted. In terms of the Dún Laoghaire-Rathdown County Development Plan, 2004-2010, and the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, the proposed laneways are not themselves zoned but are located in an area which is zoned with the development objective ‘MTC’, ‘To protect, provide for and/or improve major town centre facilities’.

Specific Local Objective No. 10 on Map No. 3 of the 2004-2010 County Development Plan, pertains to the laneways and states ‘To promote and encourage development, within the Major Town Centre zoning along the laneways to the south of George’s Street’. Specific Local Objective No. 19 on Map No. 3 of the 2010-2016 County Development Plan states ‘To promote and encourage development, within the Major Town Centre zoning, along the laneways to the southwest of George’s Street. This will include the comprehensive upgrading of the laneways to include re-surfacing, lighting and traffic calming measures.’

The laneways are shown on the Dún Laoghaire Urban Structure Plan in the 2004-2010 County Development Plan with an objective ‘to upgrade and seek pedestrian permeability.’ They are also shown on the Dún Laoghaire Urban Structure Plan 2010- 2016, with a similar objective ‘to upgrade and seek pedestrian permeability’.

4. Design and Finishes The proposed development will provide a consistent finish throughout the laneways. The existing granite sets will be reused in the laneways in combination with new paving slabs. New tree planting, benches, bins, and bespoke lighting are proposed at intervals along the lanes where there is sufficient space. The two lanes, which run up to Cross Avenue, are to be finished in tarmacadam with a granite drainage channel. Raised road platforms are proposed on the roadways between the lanes.

5. Traffic Management The design of the laneways is primarily for pedestrians. A clearway will operate through the lanes to permit emergency and other vehicular access in the opposing direction of traffic flow on George’s Street (that is south bound). This will allow business and other users of the lane access to the lane and their properties. Appropriate signage and traffic management will enforce the clearway. Parking on the lanes will no longer be permitted. A number of loading bays are shown on the drawings and will be accommodated on the lanes, which have sufficient widths. Granite sets and tree planting will demarcate them. Raised tables on the roadways link the laneways together. These tables act to traffic calm the area and give greater priority to pedestrian movements.

50 6. Utilities A desk-top study of existing utilities, water supply and drainage infrastructure has been carried out. Preliminary slit trenching has also been carried out. The Architect’s report notes that the final position of the trees and the extent of under-grounding of services has not been finalised.

IMPLICATIONS OF THE PROPOSED DEVELOPMENT FOR THE PROPER PLANNING AND SUSTAINABLE DEVELOPMENT OF THE AREA:

It is considered that the proposed development is in accordance with the Specific Local Objectives on Map No. 3 and the Dún Laoghaire Urban Structure Plan as set out in the 2004-2010 and the 2010-2016 Dún Laoghaire Rathdown County Development Plans.

The development as proposed is considered to be in accordance with the proper planning and sustainable development of the area.

DEPARTMENTAL REPORTS: Input into the formulation of the draft proposal was received from the Council Departments noted below. In general, said Departments had no objection in principle to the proposed development.

Parks and Landscape Services: Report dated 4th December 2009 states no objection.

Water and Waste Services Department: Drainage Report dated 23rd November 2009 states no objection. Waste Management Report dated 23rd November 2009 states no objection.

Transportation Department: Report dated 3rd December 2009 states no objection.

Housing Department: Report dated 2nd November 2009 states no objection to the proposed development.

SUBMISSIONS/ OBSERVATIONS:

1. Public Notice Procedure In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009, notice of the proposals was given by the placement of a notice in the Irish Times newspaper on Tuesday, February 23rd 2010. Thirteen site notices (in the prescribed format) were also erected at the entrances to each of the laneways. These notices were maintained in place for the prescribed period.

2. Submissions The closing date for receipt of submissions/observations was Tuesday 20th April 2010. Six submissions were received within the stipulated time period and the issues raised are summarised in Table A. The submissions (and the detail pertinent to the respective submissions) are duly noted, and have been assessed accordingly. The submissions are overall in favour of the project and recognise the positive role that it will play in the revitalisation of Dún Laoghaire.

TABLE A: LIST OF PERSONS/BODIES WHO MADE SUBMISSIONS

No Contact Body Address Issues Raised person 1 (Name N/A (Address Withheld)  Query regarding the inclusion of Brocks Lane in Withheld) this scheme and the associated problems with this lane.

51 No Contact Body Address Issues Raised person 2 (Name Totterdells (Address Withheld)  Air conditioning units installed by National Irish Withheld) Bank without permission. 3 (Name N/A (Address Withheld)  More street planting required. Withheld)  Extend the scheme westward to include the lane north of Bloomfields Shopping Centre.  Extend the scheme through Dungar Terrrace by acquiring part of residential front gardens. 4 (Name Enable (Address Withheld)  Avoid trees at junction with Northermberland Withheld) Ireland Avenue (fronting Dunnes Stores).  Provide raised platforms between lanes that will provide access to all sides of the adjoining pavements.  At the corner of Northumberland Avenue with Harry’s Café (on George’s Street) there is a dangerous corner for wheelchair users.  Provide adequate space for powered wheel chairs.  Ensure no obstructions, inappropriate materials on the surface of the laneways.  Increase the number of wheelchair car parking spaces. 5 (Name J Hick & (Address Withheld) This submission related mainly to operational issues Withheld) Sons during the construction phase as the business is a food business.  Uninterrupted access is required to the business on the lane during construction.  Levels of dirt and dust must be agreed upon.  No interruptions of water supply or electricity.  Will parking be provided for this business ?  Will the Council be taking ownership of the lane and be fully responsible for the upkeep of it?  Requests notice of works, etc. 6 (Name Costello’s (Address Withheld)  The laneway should be kept to the width Withheld) Expert of the present cobbled area. Hardware  Three dedicated parking bays should be provided for the business owner and sons which would facilitate deliveries of heavy bulky items to customers.  Protection of windows at the side of the shop on the lane.  Provision made for attendance at doctor’s surgery.

3. Response to Submissions

Below are the responses to the main issues raised in the submissions received:

Issue Response No. 1 Brocks Lane Query. Brocks Lane is not included in the current scheme. The need for renewal of additional laneways will be considered in the context of the proposed Dún Laoghaire Local Area Plan as identified in the 2010 County Development Plan. 2 Air conditioning units. This is a matter for Planning Enforcement. 3 More planting. There is room to consider additional planting, if feasible, at detailed design stage. 4 Extend the scheme to include The need for renewal of additional laneways will be considered in the the lane north of Bloomfields context of the proposed Dún Laoghaire Local Area Plan as identified in Shopping Centre and through the 2010 County Development Plan. Dungar Terrace.

52 5 Increase the number of No car parking spaces are being provided on the lanes in this scheme. wheelchair spaces/provide car A number of loading bays are being provided where sufficient width is parking for business owners. present. The lanes are to be operated as clearways, as they are too narrow to provide car parking and at the same time facilitate the use of the lane for emergency, vehicular and safe pedestrian usage. 6 Detailed disability design Further consideration of these issues will be undertaken at the detailed issues. design and fit out stages of the project. The Design Team will have discussions with Enable Ireland in this regard. It should be noted that the issue regarding the junction of Northumberland Street and George’s Street is outside the scope of this Part 8 scheme. 7 Taking in charge. The Council will be taking the lanes in charge. 8 Operational issues during On-going liaison will take place prior to and during construction of the construction regarding scheme. commencement date, access to premises, dust, dirt, water and other utility supplies. 9 Arrangement in the vicinity of The perpendicular parking which is present in this area will no longer be Costello’s Expert Hardware. facilitated. The proposal for this area is to provide a concrete path around the shop windows on the lane. Loading bays, which are parallel to the shop windows, are proposed to facilitate deliveries. 10 Provision for patients There is ‘pay and display parking’ available in the vicinity including attending doctor’s surgery. Patrick Street. 11 Width of the laneway. A consistent treatment for the laneway is proposed for the entire length of the laneways.

RECOMMENDATION:

Having regard to the provisions of the County Development Plans 2004-2010 and 2010- 2016 the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended to proceed with the development as proposed in accordance with the drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development.

Subject to the above approval, members are hereby notified in accordance with Section 138 of the Local Government Act, 2001 of the intention to proceed with the proposed development.

Accordingly, it is recommended that the following resolution is passed by the Council:

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the proposed environmental improvement works to include new paving, public lighting, landscaping and traffic management on Anglesea Lane and connecting Lane to George’s Street and to rear of Dungar Terrace together with Laneways between Northumberland Avenue to Mulgrave Street, Mulgrave Street to Patrick Street, Patrick Street to Convent Road and connected Laneways running to Cross Avenue, Dún Laoghaire, Co. Dublin as proposed in accordance with drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development.”

Kathleen Holohan Director of Planning”

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

“That the foregoing report of the Manager is APPROVED and it is AGREED to proceed with the proposed environmental improvement works to include new paving, public lighting, landscaping and traffic management on Anglesea Lane and connecting Lane to George’s Street and to rear of Dungar Terrace together with Laneways between Northumberland Avenue to Mulgrave Street, Mulgrave Street to Patrick Street, Patrick

53 Street to Convent Road and connected Laneways running to Cross Avenue, Dún Laoghaire, Co. Dublin as proposed in accordance with drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development.”

C/319/10 Community Grants

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

“The attached are applications, to the Community Grants Scheme, which have been prepared by the Community Development Section.

The Community Grants Scheme seeks to assist groups in addressing local issues by offering financial assistance from a limited fund.

Grants are available to a diverse range of community groups to promote community based initiatives, which seek to promote the principles of Community Development.

Following the submission of an application and a detailed report prepared by Community Development staff, the Senior Community Officer recommends the following grants be submitted to the Council for approval.

The Senior Community Officer recommends the following grants: -

1 CENTRE MANAGEMENT & DEVELOPMENT GRANTS

Adapting an Existing Building

Ref: Group Project Amount CM381 Southside Travellers Adapting an existing building 30,000 Premises in Sandyford Industrial Estate. Allow the provision of Services for youth

Upgrading Community Facilities

Ref: Group Project Amount CM148 Dun Laoghaire Active Upgrading Community Facility 1,589.00 Retirement Association Door gate on the Boylan Centre for security CM173 St. Josephs Boxing Club Upgrading Community Facility 9,108.75 Premises in Glasthule CM242 Ballybrack Project Centre Upgrading Community Facility 10,000.00 Premises in Coolevin needs to Insulated and improved layout

2 EQUIPMENT GRANTS

2.1 Purchase of Equipment- Major Grant aid is available for the purchase of occasional large equipment

Ref: Group Project Amount CM147 Pembroke Fencing Club Purchase of Equipment 3,000.00 CM233 Sallynoggin Community Purchase of Equipment 3,000.00 Preschool CM298 Befriending Choices Shankill Purchase of Equipment 1,000.00

2.2 Purchase of Equipment - Minor Grant aid is available for the purchase of small items of equipment.

Ref: Group Project Amount CM450 Furry Hill Purchase of Equipment 1,000.00 CM424 St. Mary’s Boys F.C Purchase of Equipment 1,000.00

54 CM391 Glencullen Active Purchase of Equipment 1,000.00 Retirement Association CM392 Quarry Youth Club Purchase of Equipment 1,000.00 CM387 Glencullen Library Group Purchase of Equipment 1,000.00

3. ACTIVITY GRANTS

3.2 Other Community Activities Grant aid is available for regular activity which builds up community identity

Ref: Group Project Amount CM244 Club Chualann Other Community Activities 500.00 CM149 Irish Senior Citizens Other Community Activities 600.00 Parliament Division

4 COMMUNITY DEVELOPMENT GRANTS

4.1 Start-Up Grant This grant is designed to support locally based community groups with the initial expenses of setting up.

Ref Group Project Amount CM365 Cabinteely Athletic Club Start up grant 800.00

Running costs for Community Groups This grant is provided to support existing groups/organisations, who are in existence for a period of at least two years prior to their application, and is to assist them in relation to ongoing running costs where no alternative funding is available.

Ref Group Project Amount CM446 Taney Rangers Running Costs 600.00 CM237 Sallnoggin Neighbourhood Running Costs 500.00 Watch CM075 Communities Working Running Costs 500.00 Together CM150 Monkstown Boxing Club Running Costs 500.00 CM297 Shankill Community Running Costs 500.00 Association Newsletter

County Council Meeting 10th May 2010 Arts Grants

6 ARTS GRANTS

6.1 Small Arts Grant The Council operates a small arts grants scheme under Section 12 of the Arts Act 1973. Applications are invited from persons or bodies organising an exhibition or event, which in the opinion of the Council would stimulate and promote public interest in the arts. Assistance may be given towards the cost of a venture in the visual or performing arts.

The Senior Community Officer recommends the following grant: -

Ref Group Project Amount CM440 Dundrum Arts & Cultural Arts Grant 8,000.00 Festival CM363 Cabinteely Youth & Drama Arts Grant 800.00 Festival CM466 Ballinteer Male Voice Choir Arts Grant 1,000.00 CM129 Dun Laoghaire Summer Arts Grant 650.00 Organ Concerts CM098 Shed Poets Society Arts Grant 650.00

It is hereby resolved to formally approve payment of the grants outlined above, where supported by the appropriate documentation, under the Council Community Grants Scheme.”

It was proposed by Councillor L. McCarthy, seconded by Councillor c. Devlin and RESOLVED:

55 “That Dún Laoghaire-Rathdown County Council hereby resolve to formally approve payment of the grants outlined above, where supported by the appropriate documentation, under the Council Community Grants Scheme.”

C/320/10 Summer Projects

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

“The attached are applications, to the Community Grants Scheme under 3.3 Summer Project Grants, which have been prepared by the Community Development Section.

The Summer Project Grants are aimed at funding supervised programmes of both recreational and education activities for young people over a consecutive number of weeks during the Summer period. The emphasis of Summer Projects is community involvement and the development of resources and groups within localities.

The Senior Community Officer recommends the following grants: -

Group No. Weeks CODAN / NON Amount CODAN Ashlawn Park Summer Project 4 Codan €1,200 Balally Family Resource Centre 1 Codan € 400 Ballyogan Community Development 4 Codan €1,200 Group Ballyowen Meadows 4 Non-Codan €1,000 Barnardos 3 Codan €1,200 Booterstown Parish Youth Club 2 Non-Codan € 600 Central Dun Laoghaire Youth Group 5 Codan €1,200 Cois Cairn Summer Project 6 Codan €1,200 Coolevin Project 4 Codan €1,200 Crofton Youth Club 1 Non-Codan € 300 Hillview Community Resource Centre 2 Codan € 800 Holly House CDP 3 Codan €1,200 Loughlinstown Ballybrack Youth Project 1 Codan € 400 Methodist Church Summer Project 1 Non-Codan € 300 (Ballinteer) Oasis Youth Project 2 Codan € 800 Rainman Club 5 Non-Codan €1,000 Rosemount Resource Centre 3 Codan €1,200 Sallynoggin Summer Project (St. 2 Codan € 800 Kevin’s) Sallynoggin Community Pre-School 4 Codan €1,200 Setanta Special School 4 Non-Codan €1,000 Shanganagh CDP Summer Project 3 Codan €1,200 Sophia Housing Association 2 Non-Codan € 600 St. John of God, Carmona Services 3 Non-Codan €1,000 Southside Travellers Action Group 5 Codan €1,200 Summer Teenzone 4 Non-Codan €1,000 Urban Junction 3 Non-Codan €1,000 Total €24,200

56 No grant application, which met the criteria as set out in the Community Grants Scheme has been refused. 4 applications did not meet the criteria requiring community involvement.

It is hereby resolved to formally approve payment of the above outlined Summer Project grants, where supported by the appropriate documentation, under the Council Community Grants Scheme.”

It was proposed by Councillor M. Mitchell O’Connor, seconded by Councillor G. O’Keeffe and RESOLVED:

"That Dún Laoghaire-Rathdown County Council hereby resolve to formally approve payment of the above outlined Summer Project grants, where supported by the appropriate documentation, under the Council Community Grants Scheme.”

C/321/10 The 2008 Statutory Audit Report to the Members of Dun Laoghaire Rathdown County Council on the Accounts of Dun Laoghaire Rathdown County Council for the year ended 31 December 2008 (incorporating the Manager's response to the issues raised) and the Annual Financial Statement for the year ended 31 December 2008 submitted for consideration in accordance with Section 121 (1) of the Local Government Act 2001.

The 2008 Statutory Audit Report to the Members of Dún Laoghaire-Rathdown County Council on the Accounts of Dún Laoghaire-Rathdown County Council for the year ended 31 December 2010 (incorporating the Manager’s response to the issues raised and the Annual Financial Statement for the year ended 31 December 2008 was CONSIDERED in accordance with Section 121 (1) of the Local Government Act 2001.

Following discussion, during which Ms. H. Cunningham, A/Head of Finance responded to Member’s queries, the report was NOTED.

C/322/10 Annual Report 2009

The draft Annual Report 2009 for Dún Laoghaire-Rathdown County Council and the following report of the Manager, copies of which had been circulated to the Members, were CONSIDERED:

“The 2009 Annual Report is being circulated in accordance with Section 221 of Local Government Act, 2001.

The following resolution is required:

“That the Council hereby adopts Dún Laoghaire-Rathdown County Council’s Annual Report 2009 as circulated.”

Tony Pluck Director of Corporate Services and IT”

It was proposed by Councillor G. O’Keeffe, seconded by Councillor R. Humphreys and RESOLVED:

“That the Council hereby adopts Dún Laoghaire-Rathdown County Council’s Annual Report 2009 as circulated.”

57 C/323/10 Report of the Organisation, Procedure and Protocol Committee Meeting held on 25 March 2010

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

“The following are the minutes of the Organisation, Procedure and Protocol Committee meeting held on 25th March 2010. These minutes are scheduled for the approval at the Organisation, Procedure and Protocol Committee meeting to be held on 23 June 2010 and are before the Council for noting.

Tony Pluck Director of Corporate Services and I.T.

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the Organisation, Procedure and Protocol Committee held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Thursday, 25 March 2010 at 3.30 pm

PRESENT

Councillors: Councillors:

Baker, Marie Joyce, Tom Bhreathnach, Niamh Marren, Donal Boyd Barrett, Richard O'Callaghan, Denis Boyhan, Victor O'Keeffe, Gearoid Hand, Pat Saul, Barry Horkan, Gerry Smyth, Carrie Humphreys, Richard Ward, Barry

An Cathaoirleach, Councillor M. Baker presided as Chairperson.

OFFICIALS PRESENT

Owen Keegan (County Manager), Tony Pluck (Director of Services), Bernie Gilligan (Senior Executive Officer), Austin Baines (Senior Executive Officer), Maura Murphy (Administrative Officer), Carol McLoughlin (Administrative Officer) and Pamela Graydon (Senior Staff Officer)

OP/1/10 Minutes of Previous Meeting

Minutes of Organisation, Procedure & Protocol Committee meeting held on 2nd December 2010

It was proposed by Councillor V. Boyhan, seconded by Councillor C. Smyth and RESOLVED:

“That the Minutes of Organisation, Procedure and Protocol Committee held on 2nd December 2009 be ADOPTED and APPROVED.”

OP/2/10

58 Calendar of Meetings

The following draft Calendars of Meetings, copies of which had been circulated to the Members, were CONSIDERED:

(a) May – August 2010

DRAFT CALENDAR OF MEETINGS FOR PERIOD MAY TO AUGUST 2010

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 3 May BANK HOLIDAY Tuesday, 4 May Wednesday, 5 May Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 20/04/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 20/04/2010 Thursday, 6 May Friday, 7 May

Monday, 10 May County Council Council Chamber To Be Confirmed 23/04/2010 Tuesday, 11May Wednesday, 12 May Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 13 May dlr Leisure Services Library Road 3.30pm RPG Meeting, Joint Dublin Regional Authority/Mid East Wicklow County 6.00pm Building Friday, 14 May

Monday, 17 May County Dublin VEC 6.00pm Tuesday, 18 May Regional Health Forum Tullamore 2.30pm Wednesday, 19 May Thursday, 20 May Friday, 21 May

Monday, 24 May Dún Laoghaire Area Committee (ECH) Council Chamber To Be Confirmed 10/05/2010 Dundrum Area Committee (PTW) Dundrum Office To Be Confirmed 10/05/2010 Tuesday,25 May Wednesday, 26 May Thursday, 27 May Dún Laoghaire VEC 6.30pm Friday, 28 May

Monday, 31 May Tuesday, 1 June Wednesday, 2 June Environment, Culture & Community SPC Council Chamber To Be Confirmed 11/05/2010 Thursday, 3 June Friday, 4 June

59 DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 7 June BANK HOLIDAY Tuesday, 8 June Wednesday, 9 June Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 25/05/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 25/05/2010 Thursday, 10 June Audit Committee Annex to Assembly 2.00pm Room Transportation SPC Council Chamber To Be Confirmed 19/05/2010 Friday, 11 June

Monday, 14 June Annual Meeting + County Council Meeting Council Chamber To Be Confirmed 28/05/2010 Tuesday, 15 June Regional Health Forum Joint Committees Naas 3.00pm RPG Meeting, Joint Dublin Regional Authority/Mid East City Hall 6.00pm Wednesday, 16 June Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 17 June Housing SPC Council Chamber To Be Confirmed 26/05/2010 Friday, 18 June

Monday, 21 June Planning SPC Council Chamber To Be Confirmed 28/05/2010 County Dublin VEC 6.00pm Tuesday, 22 June Wednesday, 23 June Organisation, Procedure & Protocol Committee Council Chamber To Be Confirmed 09/06/2010 Water & Waste SPC Council Chamber To Be Confirmed 01/06/2010 Thursday, 24 June Dún Laoghaire VEC 6.30pm Friday, 25 June

Monday, 28 June Dún Laoghaire Area Committee (ECH) Council Chamber To Be Confirmed 14/06/2010 Dundrum Area Committee (PTW) Dundrum Office To Be Confirmed 14/06/2010 Tuesday, 29 June Wednesday, 30 June Thursday, 1 July Friday, 2 July

Monday, 5 July Tuesday, 6 July Wednesday, 7 July Thursday, 8 July Friday, 9 July

Monday, 12 July County Council Council Chamber To Be Confirmed 28/06/2010 Tuesday, 13 July Wednesday, 14 July Thursday, 15 July Friday, 16 July

Monday, 19 July County Dublin VEC 6.00pm Tuesday, 20 July Regional Health Forum Tullamore 2.30pm Dublin Regional Authority AGM 6.30pm Wednesday, 21 July Thursday, 22 July Dún Laoghaire VEC 6.30pm Friday, 23 July

Monday, 26 July Tuesday, 27 July Wednesday, 28 July Thursday, 29 July Friday, 30 July

Monday, 2 August BANK HOLIDAY Tuesday, 3 August Wednesday, 4 August Thursday, 5 August Friday, 6 August

60 DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 9 August Tuesday, 10 August Wednesday, 11 August Thursday, 12 August Friday, 13 August

Monday, 16 August Tuesday, 17 August Wednesday, 18 August Thursday, 19 August Friday, 20 August

Monday, 23 August Tuesday, 24 August Wednesday, 25 August Thursday, 26 August Friday, 27 August

Monday, 30 August Tuesday, 31 August Wednesday, 1 Environment, Culture & Community SPC Council Chamber To Be Confirmed 10/08/2010 September Thursday, 2 September Friday, 3 September

It was AGREED to change the July County Council meeting from 12th July 2010 to 5th July 2010. The draft Calendar of Meetings (May – August 2010), as amended, was AGREED.

(b) September – December 2010

DRAFT CALENDAR OF MEETINGS FOR PERIOD SEPTEMBER TO DECEMBER 2010

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 6 September Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 23/08/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 23/08/2010 Tuesday, 7 September Wednesday, 8 September Thursday, 9 September Organisation, Procedure & Protocol Committee Transportation SPC Council Chamber To Be Confirmed 27/08/2010 Council Chamber To Be Confirmed 18/08/2010 Friday, 10 September

Monday, 13 September County Council Council Chamber To Be Confirmed 30/08/2010 Tuesday, 14 September Wednesday, 15 September Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 16 September dlr Leisure Services Library Road 3.30pm Housing SPC Council Chamber To Be Confirmed 25/08/2010 Friday, 17 September

Monday, 20 September Planning SPC Council Chamber To Be Confirmed 27/08/2010 County Dublin VEC 6.00pm Tuesday, 21 September Regional Health Forum Tullamore 2.30pm Dublin Regional Authority 6.30pm Wednesday, 22 September Water & Waste SPC Council Chamber To Be Confirmed 31/08/2010 Thursday, 23 September Dún Laoghaire VEC 6.30pm Friday, 24 September

61 DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 27 September Dún Laoghaire Area Committee (ECH) Council Chamber To Be Confirmed 13/09/2010 Dundrum Area Committee (PTW) Dundrum Office To Be Confirmed 13/09/2010 Tuesday,28 September Wednesday, 29 September Thursday, 30 September Friday, 1 October

Monday, 4 October Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 20/09/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 20/09/2010 Tuesday, 5 October Wednesday, 6 October Thursday, 7 October Friday, 8 October

Monday, 11 October County Council Council Chamber To Be Confirmed 27/09/2010 Tuesday, 12 October Wednesday, 13 October Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 14 October Friday, 15 October

Monday, 18 October County Dublin VEC 6.00pm Regional Health Forum Naas 3.00pm Dublin Regional Authority 6.30pm Wednesday, 20 October Thursday, 21 October Friday, 22 October

Monday, 25 October BANK HOLIDAY Tuesday, 26 October Wednesday, 27 October Dún Laoghaire Area Committee (ECH) Council Chamber To Be Confirmed 12/10/2010 Dundrum Area Committee (PTW) Dundrum Office To Be Confirmed 12/10/2010 Thursday, 28 October Dún Laoghaire VEC 6.30pm Friday, 29 October

Monday, 1 November Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 15/10/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 15/10/2010 Tuesday, 2 November Wednesday, 3 November Thursday, 4 November Friday, 5 November

Monday, 8 November County Council Council Chamber To Be Confirmed 22/10/2010 Tuesday, 9 November Wednesday, 10 November Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 11 November Friday, 12 November

Monday, 15 November County Dublin VEC 6.00pm Tuesday, 16 November Regional Health Forum Tullamore 2.30pm Dublin Regional Authority 6.30pm Wednesday, 17 November Thursday, 18 November Friday, 19 November

Monday, 22 November Dún Laoghaire Area Committee (ECH) Council Chamber To Be Confirmed 08/11/2010 Dundrum Area Committee (PTW) Dundrum Office To Be Confirmed 08/11/2010 Tuesday, 23 November Wednesday, 24 November Thursday, 25 November Dún Laoghaire VEC 6.30pm Friday, 26 November

62 DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 29 November Tuesday, 30 November Wednesday, 1 December Organisation Procedure & Protocol Committee Environment, Culture & Community SPC Council Chamber To Be Confirmed 17/11/2010 Council Chamber To Be Confirmed 09/11/2010 Thursday, 2 December Planning SPC Council Chamber To Be Confirmed 10/11/2010 Friday, 3 December

Monday, 6 December Dún Laoghaire Area Committee (PTW) Council Chamber To Be Confirmed 22/11/2010 Dundrum Area Committee (ECH) Dundrum Office To Be Confirmed 22/11/2010 Tuesday, 7 December Wednesday, 8 December Thursday, 9 December Transportation SPC Council Chamber To Be Confirmed 17/11/2010 Friday, 10 December

Monday, 13 December County Council Council Chamber To Be Confirmed 29/11/2010 Tuesday, 14 December Dublin Regional Authority 6.30pm Wednesday, 15 December Water & Waste SPC Council Chamber To Be Confirmed 22/11/2010 Thursday, 16 December dlr Leisure Services Library Road 3.30pm Housing SPC Council Chamber To Be Confirmed 23/11/2010 Friday, 17 December

Monday, 20 December County Dublin VEC 6.00pm Tuesday, 21 December Regional Health Forum Naas 3.00pm Wednesday, 22 December Thursday, 23 December Dún Laoghaire VEC 6.30pm Friday, 24 December CHRISTMAS EVE

Monday, 27 December Tuesday, 28 December Wednesday, 29 December Thursday, 30 December Friday, 31 December NEW YEARS EVE

The draft Calendar of Meetings (September – December 2010) was AGREED.

OP/3/10 Education and Training for Councillors

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

“(a) Dunkerque 2010, 6th European Sustainable Cities: The Local Leadership Challenge, Dunkerque, France, 19th – 21st May 2010. (b) Nuclear Free Local Authorities Ireland Seminar: The Nuclear Challenge and Ireland – the key issues for Ireland of nuclear developments across the Irish Sea, Council Chamber, Council Offices, Monaghan Row, Newry, Co. Armagh, 19th March 2010. (c) International Symposium – ‘Toward Multi- Level Cooperation Against Drug Trafficking in Europe’, Renaissance Hotel, Brussels, 13th April 2010.”

OP/4/10 Manager's Business

(a) Correspondence from Department of the Environment, Heritage and Local Government regarding Conferences

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

“Circular LG 2/2010 dated 11 February, 2010 entitled ‘Local Government Act 2001 (Section 142) Regulations 2010’, and accompanying documents in connection with expenditure by local authorities on attendance at conferences etc. by Councillors including Guidelines given by Minister for the Environment, Heritage and Local Government under the Act are enclosed.

These Regulations limit the expenditure by local authorities on attendance by Elected Members at conferences/seminars/training courses/meetings or other events (domestic and foreign) and cover both conference fees and travel/subsistence costs. The upper limit for Dún Laoghaire-Rathdown County Council is €4,700 multiplied by the number of Councillors in the Local Authority giving a total figure of €131,600 per annum. The Department has stressed that this figure is not intended to be interpreted as a target amount and there is provision for each local authority to provide a lesser amount than the maximum specified. The adopted Budget for 2010 for this Council includes a provision of €120,059.80 (i.e. €4,287.85 x 28) for travel costs of Councillors but this excludes conference fees.

Following discussions with the Manager/Management Team, it has been agreed to increase the 2010 provision from €4,287.85 to €4,700.00 (the maximum allowed under the circular) and as per the circular this will cover travel and subsistence, conference fees and the Training and Development Programme.

It is suggested in the Guidelines that the Corporate Policy Group would have a role in assessing the relevance and suitability of up-coming conferences, seminars and courses etc. for Councillors. The Guidelines also outline the requirements under Section 142 on a Councillor who has been authorised to attend an event including the requirement to submit a summary of the proceedings to the next ordinary meeting of the local authority. It is intended to give effect to this from 1 April 2010.

From 2010, the Council will be required to adopt a Training and Development Programme for Councillors, which will be funded out of the ‘conference’ budget. The Training Section has been asked to prepare a draft Programme. Councillors’ suggestions and recommendations for the Programme will be appreciated.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. The report was AGREED, it was also AGREED that a Member of the I.T. Department would contact all Councillors shortly regarding I.T. training.

(b) Use of Council Facilities - Access to Offices

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

“The following procedures apply in relation to the use of Council facilities and access to Offices:

Access to Offices/Party Rooms/Car Park (Normal Business Hours Facilities Management Section, Corporate Services Department are responsible for managing access to County Hall for staff, Elected Members and the general public. During normal business hours, Members have swipe access to the County Hall and the car park via specifically allocated individual swipe cards. Currently access to the Party Rooms is provided by code access but swipe access will be available to the Party Rooms following refurbishment of the Councillor's accommodation in April 2010.

64 Access to Offices/Party Rooms/Car Park (Outside Normal Business Hours) For health, safety, security and insurance reasons, Facilities Management Section seeks to minimise ‘out of hours’ access to County Hall including Party rooms and the car park except when it is open for events etc. An Cathaoirleach, members the Management Team and Facilities Management Staff are granted unrestricted ‘out of hours’ access. However, Elected Members and officials (other than those listed above) must apply in advance to the Facilities Management Section - not later than 15.30 hours on the day in question - if they wish to have ‘out of hours’ access on a particular occasion. This enables details to be provided to site security staff, who control ‘out of hours’ access. Apart from Elected Members and certain Council officials ‘out of hours’ access is not granted to other individuals. Finally, cars are not permitted to be left on Council premises overnight (without prior permission of Facilities Management Section).

I am satisfied that the current arrangements are reasonable.

Photocopiers Currently Members have the use of the photocopier adjacent to the Training Room (Ground Floor Old Town Hall) or the Photocopier in Corporate Services Department. A new photocopier will be provided for the sole use of Councillors in the newly refurbished Councillor's offices (Ground Floor Old Town Hall) which is due for completion in April 2010.”

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

“In recognising Residents Associations pursuant to Section 128 of the Local Government Act 2001, local authorities have an obligation under the Data Protection Act 1988, as amended in 2003, to protect the privacy of individuals with regard to personal data.

It is unfortunate therefore that recent press releases circulated to the local media by one of our own Elected Members directed significant criticism towards the Council, when we were merely following the advice of the Office of the Data Protection Commissioner. In terms of reputation, this is potentially damaging for the Council and confusing for the public.

The Council administration has acted at all times on the advice of the Office of the Data Protection Commissioner in relation to data protection matters. In this instance, to ensure that the Council would not be in breach of Data Protection legislation by further processing data originally gathered for Deputation meetings, ‘in a manner incompatible with that purpose or those purposes’ a decision was taken, following consultation with the Office of the Data Protection Commissioner, to seek the permission of all recognised Residents Associations to release heir contact details to Elected Members. A formal written response from the Office of the Data Protection Commissioner has now been sought in relation to his, in order that there is further clarity for the Elected Members and, importantly, the public. This formal response will be promptly issued to the Members when received.

Out of a total of 346 Residents Associations, 45 consented to the release of contact details, 33 refused consent to the release of contact details and there was no reply from 268. Contact details for 45 Associations were subsequently released to the Elected Members. Clearly in the absence of written permission from 301 Residents Associations, the Council is not in a position to compromise its obligations under the Data Protection Acts by releasing contact details that may be used for a purpose other than that for which the data was originally gathered.

65 For further clarification, our obligations under Section 2.-(1) of the Act are set out below:

2. — A data controller shall, as respects personal data kept by him, comply with the (1) following provisions:

(a) the data or, as the case may be, the information constituting the data shall have been obtained, and the data shall be processed, fairly, (b) the data shall be accurate and, where necessary, kept up to date. (c) the data—

(i) shall have been obtained only for one or more specified, explicit and legitimate purposes,

(ii) shall not be further processed in a manner incompatible with that purpose or those purposes,

(iii) shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they were collected or are further processed and,

(iv) shall not be kept for longer than is necessary for that purpose or those purposes,

(d) appropriate security measures shall be taken against unauthorised access to, or unauthorised alteration, disclosure or destruction of, the data, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.”

Following discussion, during which Mr. O. Keegan, County Manager responded to Members queries, the report was NOTED. It was AGREED to advertise for Residents Associations to submit their details for a database on an annual basis.

OP/5/10 Cathaoirleach's Business - Councillor Marie Baker

Summary of Union Positions

The following report of the Manager was circulated at the meeting and CONSIDERED and NOTED:

“IMPACT Ban on: All oral and written reps. from all TDs, Senators, Councillors Answering phones at selected times Work of vacant posts Time off in lieu arrangements PMDS Performance Indicators Local Authority meetings after hours Students on work experience New VAT proposals Outsourcing proposals

LAPO Ban on: Reps. From TDs, Senators, Councillors who support Government policy Answering mobile phones on Monday morning

66 Lunch time opening Must use formal line of authority Particular software PMDS Partnership meetings Meeting after hours except emergency

SIPTU Ban on: Change of roster Covering vacant positions Acting up New work practices Non-structured o/t Hours of work/H&S/Job Descriptions strictly adhered to

OP/6/10 Webcast Agreement

It was proposed by Councillor V. Boyhan:

“To ask the Manager to provide details of the current agreement for the web casting of Council meetings and a copy of the Manager’s Order signed in January 2010 to enable this Committee discuss the future expansion of this Public - i Communication Service.”

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

“Manager’s Order dated 5/1/2010 number GO/02/10 gives effect to a 5% reduction in the annual cost of the web casting service. Costs were reduced in response to a request from Dún Laoghaire-Rathdown County Council (to all contractors) to review annual contracts.

Tender documents are being prepared in respect of this service and will be published in the next six weeks. The reason for going to tender is to test the market to see if further cost reductions can be achieved as we now understand there are currently a number of providers in the market place whereas only one, Public_i, provided the service in 2006.”

Following discussion, during which Mr. T. Pluck, Director of Corporate Services and I.T. and Mr. O. Keegan, County Manager responded to Members queries, the report was NOTED.

OP/7/10 New Accommodation for Councillors

It was proposed by Councillor C. Smyth:

“That this Committee discuss the new accommodation for Councillors.”

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

“The proposed layouts for the Councillor's accommodation were presented in 2009 by the Head of Corporate Services and the Senior Architect to a team of Councillors who were selected to review the proposed layouts which were subsequently agreed. The refurbishment project is proceeding as per programme. The structural steel works to ground floor and basement are complete. Repairs to the windows on the ground floor are 95% complete. Painting should be largely complete by 25th March 2010. Plaster repairs

67 and final decoration to commence week beginning 15th March 2010. The furniture is due for delivery in early April.

The newly refurbished Party Rooms (Ground Floor) accommodating 17 Councillors are anticipated to be available to Councillors with effect from May 2010. The remaining redecoration of the Party Rooms (Level 2 and 3 Old Town Hall) will be completed by end May/early June 2010.”

OP/8/10 Updated Report on Party Rooms in County Hall

It was proposed by Councillor N. Bhreathnach:

“To ask the Manager for an up to date report on the status of the Party Rooms in County Hall.”

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

The newly refurbished Party Rooms (Ground Floor) accommodating 19 Councillors are anticipated to be available to Councillors with effect from May 2010. The remaining redecoration of the Party Rooms (Level 2 and 3 Old Town Hall) will be completed by end May/early June 2010.”

OP/9/10 Inter Cultural Project

It was proposed by Councillor N. Bhreathnach:

“To ask the Manager for information about the diary of events planned over the lifetime of the Inter Cultural Project.”

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

“Dún Laoghaire-Rathdown County Council, in association with GradCAM – The Graduate School of Creative Arts & Media at IADT (Institute of Art, Design & Technology, Dún Laoghaire); UK-based Creativity, Culture & Education with Intercultural Arts & Newcastle City Council and Spain’s Semetrías Fundación Internacional with Cuenca Town Council, launched an innovative music and arts’ programme, Creative Policies for Creative Cities, on Thursday 18 February in County Hall, Dún Laoghaire. The International Programme of Events is attached.”

OP/10/10 Unimplemented Motions

It was proposed by Councillor R. Humphreys:

68 “That at each meeting of the OP&P in future, the first item of business (after the minutes) shall be the presentation of a report by the Manager on unimplemented motions passed by the OP&P, the Council, or any committee of the Council, at the initiative of a Member rather than the Manager, and the Manager shall set forth progress on implementing any such motions. The motion shall remain on the list set forth in such a report until such time as the motion is fully implemented.”

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

This proposal was discussed with the relevant departments and the unanimous response was that this proposal could not be implemented as the required resources are not available to do so.

Following discussion, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries, it was AGREED to bring this back as a headed item to the September meeting of the Organisation, Procedure and Protocol Committee.

OP/11/10 Area Committee Minutes

It was proposed by Councillor C. Smyth:

“That this Committee discuss providing the Councillors with a hard copy of the minutes of a previous meeting at the Area Committee meetings.”

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

“The Minutes of a previous meeting are circulated by email with the Agenda and Headed Items for the upcoming meeting as it is now policy to limit the use of paper for environmental reasons.

Arrangements can be made to have one copy of the previous Minutes made available for viewing at the meeting.”

It was AGREED to no longer copy minutes for the Area Committee meetings and have just one copy available at the meeting for viewing.

OP12/10 Contact Details of All 28 Councillors

It was proposed by Councillor V. Boyhan:

“That future publications of the DLR Times carry contact details of all 28 Councillors and how many publications do the Council propose to publish this year?

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

It is proposed to publish 4 editions of the dlr times in 2010 (March, June, September and December), which will be distributed to 70,000 households across the County. We currently commit to publishing individual Councillor contact details in the dlr times annually, together with a photograph of each individual Councillor. We last did this in a 2 page centre spread of the August 09 edition following the June elections and we intend to do so again in the September 2010 publication. It should also be noted that all

69 Councillor contact details and photographs are published on the dlrcoco website and updated regularly as required.

Following discussion the report was NOTED.

OP/13/10 Transfering of Planning Business

It was proposed by Councillor R. Humphreys:

“That Planning business be transferred to the Environment, Culture and Community and Housing Area Committee.”

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

“A review of the business on the Area Committees for a six month period produced the following figures:

Planning, Transportation and Water and Waste Area Committee  * Planning Headed items and Motions 33 Transportation Headed items and Motions 150 Water and Waste Headed items and Motions 18  Planning items do not include major Planning Applications or Planning files.

Total 201

Environment, Culture and Community and Housing Area Committee Environment, Culture and Community Headed items and Motions 74 Housing Headed items and Motions 15

Total 89

Water and Waste items were transferred from the Environment, Culture and Community and Housing Area Committee recently and, from a business point of view, it is felt that Water and Waste are the most appropriate to move back to Environment, Culture and Community and Housing.”

The report was AGREED.

OP/14/10 Address Supplied in a Motion

It was proposed by Councillor C. Smyth:

“That this Committee discuss the identifying of “address supplied” in a motion, which will appear on the agenda of an Area Committee meeting.”

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

“Under the Data Protection Act, 1988 and the Data Protection (Amendment) Act, 2003, names or addresses are not identified on the agenda of an Area Committee meeting. These details were supplied to Councillors on request. As a result of a number of requests to release addresses to all Councillors, a list was circulated via email. Following

70 an objection from a Councillor this practice was ceased and the situation has reverted back to supplying the names and addresses on demand.

The decision of this Organisation Procedure and Protocol meeting on the matter will be circulated to all relevant departments.”

Following discussion it was AGREED to continue listing (address supplied) on agendas for Area Committees and Council meetings and issue a separate confidential email to Councillors giving the addresses relating to the motions only.

OP/15/10 New Council Website

It was proposed by Councillor V. Boyhan:

“That Councillors be consulted about the shape and output of the proposed new Council website, please provide a brief progress report on the project to date.”

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

“Background

The Council had identified the need to redesign the Website to 1. Meet the demands of its customers for a more transactional website that allows Customers do more online business 24/7 2. Make full use of a valuable means of communication to provide up to date and timely information to the our citizens 3. Promote the work and services of the Council 4. Allow Council staff to update changing information easily and regularly 5. Use a content Management system to automate the management of content 6. Incorporate new emerging Technologies like YouTube videos, RSS feeds (news feeds)and blogs (a constant running news commentary service) 7. To ensure the website meets all accessibility guidelines

The Communications Review Group set a Steering Group consisting of staff from Corporate Services and ITC was established in October 2008 to progress the redesign and future development of the Council’s website. The team meets on a weekly basis, and includes staff from both the Communications Office and ITC.

Progress to date:

 A staff survey was undertaken in February 2009 to identify the areas of Council Business that would be most suitable for the Council’s website. 158 staff from every Department in the Council and representing a range of grades completed the survey. The findings confirmed many of the issues already identified by ITC and the project team as priorities for the Council’s new site, and a report on the findings was brought to the management team in March 2009.

 A website visitor survey was publicised in the DLR Times and made available on Council website in March and April 2009. There was limited response to this, but feedback did confirm that our approach is the correct one. For example, respondents sought improved search facility on site; comprehensive listing of services which are not necessarily organised by Department because of the difficulty associated with figuring out which Department handles which services/etc.

71  Website Usage statistics indicated clearly that the most frequently visited web pages were those where the public wanted to carry out transactional business (e.g. I want to ..Apply for it...pay for it….find it... report it…). Website Statistics are now being reviewed on a weekly basis by the project team with a view to identifying trends. This information has assisted the team in agreeing priorities for web layout and future content. The team identified a more efficient and low-cost provider of usage statistics and switched to this provider in early 2009.

 New homepage content guidelines have been circulated to staff – all requests for information to be placed on the Council’s homepage are to be sent to [email protected], which is reviewed by both Comms Office and ITC. Comms Office are now responsible for agreeing what information is placed on homepage, and ITC

 Technical guidelines were prepared by the project team on how Departments can make their PDF documents/reports more web - friendly, and ultimately more customer – friendly. These were circulated to all staff in early March 2009.

 New homepage and ‘departmental’ page design has been agreed by project team.

 Based on requests received by the Communications Office, the team piloted an RSS feed (regular news updates) to enable customers to sign-up for alerts when new content is added to the site.

 New website design agreed with Communications Review Group, and the design has been inputted into the content management system*, Terminal 4.

 Web team has met with Council Departments to (1) agree content which will fit in new design template and (2) identity staff from each Department / Section to take a lead in inputting content into Terminal 4*.

 ITC has run training in the use of Terminal 4, the Content Management System. Approximately two-thirds of the relevant staff have been trained or are scheduled for training this month and during April.

 The Council launched a blog service ( a running commentary web media service) to keep the public updated on the recent Water Crisis

 The Team has taken on board any suggestions received from Councillors to date and will continue to do so.

Next Steps:

Testing of new site with a view to launching later this Summer. The final launch date is, however, fully dependent on compliance of staff with inputting the content for the new site into the Content Management System (CMS), Terminal 4. It should be noted that due to Work to Rule instruction, Impact Trade Union have instructed their members not to use the CMS, which will likely adversely affect the timeframe for completion.

*The Council uses Terminal 4 Content Management system to manage its website. A content Management system is a computer software system that manages websites and its contents. It allows for content approval processes and manages the adding and removal of data in a timely fashion.”

72 OP/16/10 Councillor Membership of Outside Bodies 2010

It was proposed by Councillor V. Boyhan:

“To ask the Manager to provide this Committee with a revised list detailing Councillor Membership of Outside Bodies.”

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

COMMITTEE MEMBERS DATE APPOINTED TERM OF APPOINTMENT Cllr. Barry Ward 19 June 2009 Life of Council ASSOCIATION OF COUNTY AND Cllr. Pat Hand 19 June 2009 Life of Council CITY COUNCILS Cllr. Denis O’Callaghan 19 June 2009 Life of Council 3 MEMBERS Cllr. John Bailey 19 June 2009 Life of Council AUDIT COMMITTEE Cllr. Richard Humphreys 19 June 2009 Life of Council 3 MEMBERS Cllr. Gerry Horkan 19 June 2009 Life of Council Cllr. Pat Hand 19 June 2009 Life of Council COUNTY DUBLIN VOCATIONAL Cllr. Carrie Smyth 19 June 2009 Life of Council EDUCATION COMMITTEE 2 MEMBERS Cllr. John Bailey 19 June 2009 1 Year DALKEY HERITAGE TOWN Cllr. Mary Mitchell O’Connor 19 June 2009 1 Year COMPANY 2 MEMBERS Cllr. Marie Baker 08 Feb 2010 Life of Council DLR PROPERTIES Cllr. Lettie McCarthy 08 Feb 2010 Life of Council Cllr. Barry Saul 08 Feb 2010 Life of Council 4 MEMBERS Cllr. Gerry Horkan 08 Feb 2010 Life of Council Cllr. N. Bhreathnach 19 June 2009 Life of Council DRUGS TASK FORCE Cllr. Cormac Devlin 19 June 2009 Life of Council 2 MEMBERS Cllr. Lettie McCarthy 19 June 2009 1 Year DUBLIN CITY & COUNTY REGIONAL TOURISM AUTHORITY LIMITED 1 MEMBER Cllr. Niamh Bhreathnach 19 June 2009 Life of Council DUBLIN EMPLOYMENT PACT STRATEGIC POLICY GROUP 1 MEMBER Cllr. Gerry Horkan 19 June 2009 Life of Council DUBLIN REGIONAL AUTHORITY Cllr. Neale Richmond 19 June 2009 Life of Council Cllr. Barry Saul 19 June 2009 Life of Council Cllr. A. Culhane 14 Sept 2009 Life of Council 5 MEMBERS Cllr. Stephen Fitzpatrick 19 June 2009 Life of Council Cllr. Neale Richmond 19 June 2009 Life of Council DUBLIN REGIONAL AUTHORITY EU OPERATIONAL COMMITTEE 1 MEMBER Cllr. Cormac Devlin 19 June 2009 Life of Council DÚN LAOGHAIRE COMMUNITY ENTERPRISE SOCIETY 1 MEMBER Cllr. Tony Fox 19 June 2009 3 Years DÚN LAOGHAIRE-RATHDOWN Cllr. Pat Hand 08 Feb 2010 3 Years COUNTY ENTERPRISE BOARD Cllr. Marie Baker 19 June 2009 3 Years 4 MEMBERS Cllr. Aidan Culhane 19 June 2009 3 Years Cllr. Barry Saul 19 June 2009 2 Years DÚN LAOGHAIRE-RATHDOWN Cllr. Stephen Fitzpatrick 19 June 2009 2 Years COUNTY SPORTS PARTNERSHIP 2 MEMBERS

73 COMMITTEE MEMBERS DATE APPOINTED TERM OF APPOINTMENT Cllr. Donal Marren 19 June 2009 Life of Council DÚN LAOGHAIRE-RATHDOWN Cllr. Neale Richmond 19 June 2009 Life of Council LEISURE SERVICES Cllr. Denis O’Callaghan 19 June 2009 Life of Council 3 MEMBERS Cllr. Marie Baker (Ex-Officio) 19 June 2009 Cllr. Richard Humphreys 19 June 2009 Life of Council DÚN LAOGHAIRE-RATHDOWN Cllr. Cormac Devlin 19 June 2009 Life of Council THEATRE COMPANY Cllr. Donal Marren 19 June 2009 Life of Council 3 MEMBERS Cllr. Tom Joyce 19 June 2009 Life of Council DÚN LAOGHAIRE VOCATIONAL Cllr. Donal Marren 19 June 2009 Life of Council EDUCATIONAL COMMITTEE Cllr. John Bailey 19 June 2009 Life of Council Cllr. Maria Bailey 19 June 2009 Life of Council Cllr. Jane Dillon Byrne 19 June 2009 Life of Council Cllr. Niamh Bhreathnach 19 June 2009 Life of Council Cllr. Stephen Fitzpatrick 19 June 2009 Life of Council Cllr. Cormac Devlin 19 June 2009 Life of Council 9 MEMBERS Cllr. Tom Murphy 19 June 2009 Life of Council Cllr. Jane Dillon Byrne 19 June 2009 Life of Council EASTERN RIVER BASIN DISTRICT Cllr. Barry Saul 19 June 2009 Life of Council ADVISORY COUNCIL 2 MEMBERS Cllr. Barry Ward 19 June 2009 Life of Council IRISH PUBLICBODIES MUTUAL INSURANCES LIMITED 1 MEMBER Cllr. Aoife Brennan 19 June 2009 Life of Council JOINT POLICING COMMITTEE Cllr. Cormac Devlin 19 June 2009 Life of Council Cllr. Richard Humphreys 19 June 2009 Life of Council Cllr. Niamh Bhreathnach 19 June 2009 Life of Council Cllr. Carrie Smyth 19 June 2009 Life of Council Cllr. Lettie McCarthy 19 June 2009 Life of Council Cllr. Jane Dillon Byrne 19 June 2009 Life of Council Cllr. Hugh Lewis 19 June 2009 Life of Council Cllr. Barry Saul 19 June 2009 Life of Council Cllr. Marie Baker 19 June 2009 Life of Council Cllr. Barry Ward 19 June 2009 Life of Council Cllr. Jim O’Leary 19 June 2009 Life of Council Cllr. Tom Joyce 19 June 2009 Life of Council 14 MEMBERS Cllr. Mary Mitchell O’Connor 19 June 2009 Life of Council Cllr. Donal Marren 19 June 2009 Life of Council LOCAL AUTHORITY MEMBERS ASSOCIATION 1 MEMBER Cllr. Tom Joyce 19 June 2009 Life of Council LOCAL AUTHORITIES MEMBERS Cllr. Aidan Culhane 19 June 2009 Life of Council COMMITTEE ON STRATEGIC PLANNING GUIDELINES FOR THE GREATER DUBLIN AREA 2 MEMBERS Cllr. Denis O’Callaghan 19 June 2009 3 Years LOCAL TRAVELLER Cllr. Aoife Brennan 19 June 2009 3 Years ACCOMMODATION Cllr. Jim O’Leary 19 June 2009 3 Years CONSULTATIVE COMMITTEE EST UNDER THE HOUSING (TRAVELLER ACCOMMODATION) ACT, 1998 3 MEMBERS Cllr. Richard Humphreys 19 June 2009 Life of Council LORD EDWARD FITZGERALD Cllr. Marie Baker 19 June 2009 Life of Council MEMORIAL FUND Cllr. Barry Ward 19 June 2009 Life of Council 3 MEMBERS Cllr. Stephen Fitzpatrick 19 June 2009 Life of Council MONITORING COMMITTEE DÚN Cllr. Marie Baker (Ex-Officio) LAOGHAIRE TOWN CENTRE – INTEGRATED AREA PLAN 1 MEMBER

74 COMMITTEE MEMBERS DATE APPOINTED TERM OF APPOINTMENT Cllr. Jane Dillon Byrne 08 Feb 2010 Life of Council MOUNTTOWN COMMUNITY Cllr. John Bailey 08 Feb 2010 Life of Council FACILITY Cllr. C. Devlin 08 Feb 2010 Life of Council 3 MEMBERS Cllr. Maria Bailey 19 June 2009 Life of Council REGIONAL HEALTH FORUM Cllr. Pat Hand 08 Feb 2010 Life of Council Cllr. Jane Dillon Byrne 19 June 2009 Life of Council Cllr. Denis O’Callaghan 19 June 2009 Life of Council Cllr. Cormac Devlin 19 June 2009 Life of Council 6 MEMBERS Cllr. Gerry Horkan 19 June 2009 Life of Council Cllr. Lettie McCarthy 19 June 2009 Life of Council RURAL DUBLIN LEADER 1 MEMBER Cllr. Jim O’Leary 08 March 2010 Life of Council SANDYFORD BUSINESS DISTRICT Cllr. Tom Joyce 08 March 2010 Life of Council ALLIANCE 2 MEMBERS Cllr. Donal Marren 19 June 2009 Life of Council SOCIAL INCLUSION MEASURES Cllr. Tony Fox 19 June 2009 Life of Council SUB-COMMITTEE/RAPID COUNTY Cllr. Carrie Smyth 19 June 2009 Life of Council MONITORING GROUP 3 MEMBERS Cllr. Aidan Culhane 14 Sept 2009 Life of Council SOUTHERN & EASTERN Cllr. Barry Saul 19 June 2009 Life of Council REGIONAL ASSEMBLY 2 MEMBERS Cllr. Stephen Fitzpatrick 19 June 2009 1 Year SOUTHSIDE PARTNERSHIP Cllr. Hugh Lewis 19 June 2009 1 Year Cllr. Tony Fox 08 Feb 2010 1 Year 3 MEMBERS

OP/17/10 Re-entering of Items

It was AGREED to RE-ENTER Item No. 15 and Item Nos. 18 to 21 to the June meeting of the Organisation, Procedure and Protocol Committee.

OP/18/10 Conclusion of Meeting

The meeting concluded at 3.50 p.m.

C/324/10 Proposed Variation to the County Development Plan 2010-2016

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

“The County Council at its meeting on 12th April 2010 passed the following motion:

“The Planning Authority proposes to make a variation of the County Development Plan 2010-2016 to provide for a Level 3 District Centre at Carrickmines for the reasons stated below. Accordingly the Planning Authority requests that the appropriate steps under Section 13 of the Planning and Development Act 2000 (as amended) be immediately commenced by the County Manager.

It is proposed to vary the Dún Laoghaire-Rathdown County Development Plan 2010 – 2016 as follows:

 Insert in Table 7.1 Dún Laoghaire-Rathdown Retail Hierarchy under District

75 Centres: “Carrickmines – net retail sales area in the Park, Carrickmines District Centre zoned lands to be capped at 20,000 sq.m.”;  In Section 7.3.4 Policy RET5: District Centres, omit the current policy objective and replace with “It is Council Policy to maintain five District Centres at Blackrock, Stillorgan, Nutgrove, Cornelscourt and Carrickmines.”  Insert a new Section 7.8.4 Carrickmines District Centre, which states, “net retail sales area in the Park, Carrickmines District Centre zoned lands to be capped at 20,000 sq.m.”  Amend Map 9 & the zoning objective for The Park, Carrickmines to zone the lands (as identified in the attached map) for District Centre uses ‘DC’ with the omission of the zoning objective ‘E: Enterprise and Employment’ and the Neighbourhood Centre ‘NC’ objective.  In Section 7.3.5 Policy RET6: Cherrywood (Retail) replace “Retail floorspace to be provided in the Town Centre will be 35,000 sq.m. lettable in accordance with the provisions of the Retail Strategy” with “Retail floorspace to be provided in the Town Centre will be 20,000 sq.m. lettable in accordance with the provisions of the Retail Strategy.”

Reasons:

This variation to the County Development Plan 2010 – 2016 provides for the development of a District Centre at The Park, Carrickmines to cater for the existing needs of the residents in the vicinity whilst facilitating the future development of Cherrywood at a scale appropriate to its future anticipated population, which the Cherrywood District Centre is intended to support.

The variation fully addresses the issues of concern set out in the Direction previously made by the Minister for Environment, Heritage and Local Government in respect of Carrickmines.

The variation will result in no net increase in the total retail floor area in the County in the Development Plan period and accords with the Retail Strategy for the Greater Dublin Area 2008 – 2016 as prepared by the Dublin and Mid-East Regional Authorities.

The Strategy clearly states that Table 6.1 of the Strategy as a “not definite list”. The Strategy states that new County Development Plans should identify suitable locations for new district centres, and in particular should ensure the provision of new district centres in areas of significant new housing development, such as at Carrickmines, in the interest of sustainable development.

The Carrickmines District Centre will provide local shopping, leisure and community facilities for the Stepaside/Ballyogan/Kilternan area, which has planned population of over 30,000 and is lacking a District Centre. It will deliver significant early economic and sustainable development benefits to the County.

Carrickmines will be a “District Centre” in its own right. Future development at Carrickmines District Centre will not ‘out of centre’ development for the purposes of the sequential test and therefore will fully accord with Paragraph 25 of the Retail Planning Guidelines for Planning Authorities 2005.

The variation will reduce the risk of any possible adverse impact on the vitality on Dun Laoghaire Town Centre and other centres, by reducing the overall size of the proposed Cherrywood retail development to a scale more in keeping with the other District Centres in the County. At its new proposed scale, Cherrywood will have adequate capacity to service the needs of its planning future population of 35,000 but will be far less likely to draw business away from the County’s existing retail centre’s.

76 The rebalancing of the scale of the Retail Centres as between Carrickmines and Cherrywood will reduce car-based traffic in and around the area. Carrickmines District Centre is located on the soon to be completed Luas Line B1 extension and a planned QBC, both serving its immediate catchment area. It will be accessible on foot and by car to the large new resident and working population in the immediate vicinity of the centre.

There is already an approved Planning Permission for a high density mixed use development comprising c.90,000 sq.m. on the subject lands. This proposed variation is likely to result in the lands being developed less densely than as already approved and should result in a reduction in peak time traffic flows from the Scheme, to those already approved by Dun Laoghaire-Rathdown County Council on foot of the existing Planning Permission (Reg. Ref: D07A/0936)

The designation of Carrickmines District Centre is therefore fully in accordance with the objectives of Paragraph 24 and 55 of the Retail Planning Guidelines for Planning Authorities and is fully in accordance with the Principles of Sustainable Development and good planning practice.”

The Manager undertook to bring a report on the motion to a future meeting of the County Council.

Manager’s Report on the proposed variation of the County Development Plan 2010-2016

1. Legislative Context

(i) Section 13 of the Planning and Development Act 2000 as amended

Section 13(1) of the Planning and Development Act 2000 states that:

“A Planning Authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force”.

Where a planning authority proposes to make a variation to a development plan, it shall: -

a) Send notice and copies of the variation of the development plan to the Minister, the Board and, where appropriate, to any adjoining planning authorities, the prescribed authorities, any town commissioners and the city and county development boards within the area of the development plan.

b) Publish notice (in prescribed form) of the proposed variation of the development plan in one or more newspapers circulating within that area.

c) Not later than 8 weeks after giving notice under Subsection 2, the Manager of the planning authority shall prepare a report on any submissions or observations received under that Subsection and shall submit a report to the Members of the authority for their consideration.

d) The report shall be in a specified form listing the persons or bodies who made submissions or observations, summarise the issues raised by the persons or bodies in the submissions, and give the response of the Manager to the issues raised, taking account of the proper planning and sustainable development of the area, statutory obligations and relevant policies and objectives for the time being of the Government or of any Minister of the Government.

77 e) The Members of a planning authority shall consider the proposed variation and the report of the Manager and may by resolution make the variation, with or without modifications, or they may refuse to make it.

f) Consideration of the variation and the Manager’s report shall be completed not later than 6 weeks after the submission of the Manager’s report to the Members.

Section 13 (7) states that:

“In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.”

(ii) Planning and Development (Strategic Environmental Assessment) Regulations 2004

In addition to the foregoing Article 13 K (1) of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 states as follows:

“Where a planning authority proposes to make a variation of a development plan under Section 13 of the Act, it shall, before giving notice under Section 13(2) of the Act, consider whether or not the proposed variation would be likely to have significant effects on the environment, taking into account of relevant criteria set out in Schedule 2A.”

In the event that a determination is made by the planning authority that a proposed variation would be likely to have significant effects on the environment then an environmental report shall be included in or accompany the proposed variation. However before notice of the proposed variation can be given in accordance with Section 13(2) of the Act, notice must be given by the planning authority to the environmental authorities that submissions or observations in relation to the scope and detail of the proposed environmental report can be made within a specified period of not less than 3 weeks. In the event that the planning authority does not determine that an environmental report is required then the planning authority must give notice to the environmental authorities that submissions or observations in relation to whether or not the proposed variation would be likely to have significant effects on the environment can be made within a specified period of not less than 3 weeks.

(iii) EU Habitats Directive – Appropriate Assessment

Appropriate Assessment is an assessment carried out under Article 6(3) of the Habitats Directive.

Article 6(3) of the Habitats Directive states:

“Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the

78 competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.”

Article 6(4) states:

“If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.”

In order to comply with the requirements of the Habitats Directive the Council will have to arrange to carry out an appropriate assessment screening of the proposed variation to consider whether the variation will have impacts on the conservation objectives of any Natura 2000 sites, and if so, the development where necessary, of mitigation or avoidance measures to preclude negative effects.

2. Next Steps

It is clear from the foregoing that a number of steps must be gone through before the statutory notice to commence the process for the proposed variation of the County Development 2010-2016 can be commenced. Arrangements have been made to commence the preparation of the necessary work required to comply with the provisions of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 and the EU Habitats Directive in relation to Appropriate Assessment. When this work has been completed in accordance with the statutory requirements a report on the proposed variation including a report on the planning issues relevant to the variation will be brought to a future meeting of the Council.

The foregoing report is submitted for the information of the Members.

Kathleen Holohan, Deputy Manager.”

C/325/10 Cathaoirleach's Business: Councillor M. Baker

(a) Resignation of Councillor Jim O’Leary

An Cathaoirleach, Councillor Marie Baker led tributes from the Members, the Manager and staff to Councillor Jim O’Leary on his resignation from Dún Laoghaire- Rathdown County Council. Councillor O’Leary has been a Member of the Council sine June 2004. An Cathaoirleach wished him and his family well for the future and thanked him for his contribution to the Council.

(b) Minutes of Corporate Policy Group Meetings

79 1) Minutes of Corporate Policy Meeting held on 2 December 2010

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

“DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of Corporate Policy Group Meeting on Wednesday, 2nd December, 2009

PRESENT

Bailey, M. Horkan, G Baker, M. Joyce, T. Culhane, A. O'Callaghan, D.

An Cathaoirleach, Councillor M. Baker presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Tony Pluck (Director of Corporate Services & I.T.), Michael Hogan, (Head of Finance), Tom McHugh (Director of Corporate Services), Frank Austin (Director of Services), Charles Mac Namara (Director of Services), and Helena Cunningham (Financial Accountant).

1. Confirmation of Minutes. Minutes of Meeting of 30th September, 2009 were circulated and AGREED.

2. Budget 2010 Briefing. Directors of Service, C. MacNamara, T. McHugh, F. Austin and T. Pluck presented their respective budgets which were discussed and NOTED by the Group.

The meeting was adjourned to Friday 4th December, 2009 at 12.30 p.m.”

2) Minutes of Corporate Policy Group held on 3 December 2010

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

“DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of Corporate Policy Group Meeting on Friday, 4th December, 2009

PRESENT

Bailey, M. Horkan, G. Baker, M. Joyce, T. Culhane, A. O'Callaghan, D.

An Cathaoirleach, Councillor M. Baker presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Director of Planning), Tony Pluck (Director of Corporate Services & I.T.), Richard Shakespeare

80 (Director of Environment, Culture & Community), Michael Hogan, (Head of Finance), and Helena Cunningham (Financial Accountant).

1. Budget 2010 Briefing. Directors of Service, K. Holohan and R. Shakespeare presented their respective budgets which were discussed and NOTED by the Group. The Group discussed proposed changes to the Environment Charge at the bring centre and a possible cut to the 2010 rate.

2. Manager’s Meeting It was agreed that the Manager would meet all members on 18th December, 2009 at 3.00 p.m. to discuss the 2010 budget.”

Mr. L. Moore, Senior Parks Superintendent READ a statement to the Members in relation to works carried out by the Council in Dalkey Quarry.

A discussion took place, during which Mr. L. Moore responded to Members queries and the statement was NOTED.

C/326/10 Strategic Policy Committees - Report of Chairpersons

(a) Transportation Strategic Policy Committee

The following report of the Chairperson of the Transportation SPC was CONSIDERED and NOTED:

Transportation Strategic Policy Committee Meeting held on Monday, 29 March 2010 in Council Chamber – Report of Chairperson; Councillor Maria

Present:

Councillors: Maria Bailey, (Chairperson), Niamh Bhreathnach; Gerry Horkan; John Bailey, Cormac Devlin, Richard Humphries, Barry Saul, Victor Boyhan, Carrie Smyth

Councillor Jane Dillon Byrne (non-member)

Business/Commercial Sector: Community/Voluntary/Disadvantaged: Matt Coleman; Michael Tiernan Ken Fitzsimons

Development/Conservation/ Cultural Environment/Conservation/Cultural Sector: Sector: Niamh Cronin Rob Fitzsimon

Council Officials: Tom McHugh Director of Transportation; Thérèse Langan, Senior Executive Officer; William Horgan, Senior Engineer; Tony Pollins, Senior Engineer; John Broderick, Senior Executive Engineer, Padraig Watters, Senior Executive Engineer, Seamus Storan, Executive Engineer, Gerry Flaherty, Executive Engineer; Claire Casey, Executive Engineer; Conor Geraghty, Assistant Engineer; Sawsan Sami-Fawadh, Graduate Engineer; Dara Breathnach, Administrative Officer; Eimear Lenahan, Senior Staff Officer; Clive Ahern Senior Staff Officer; Patricia Howe, Acting Staff Officer, Felicity Gill, Assistant Staff Officer, Eileen O'Brien, Clerical Officer, Transportation Department and Dave Irvine, Senior Planner, Planning Department.

External: Alex Sully of Transport Initiatives

81 The Chairperson, Councillor M. Bailey presided. The Chairperson, Councillor Bailey welcomed Ken Fitzsimons to the Committee and thanked him for all his work during his time as Road Safety Officer with Dún Laoghaire Rathdown County Council.

2(a) Business submitted by Director of Services Review of Cycling Policy. A presentation on ‘Cultivating a Cycling Culture’ was given by Alex Sully of Transport Initiatives.

Following the presentation issues stemming from the report were raised and addressed by Mr. Sully.

Councillor Gerry Horkan has been nominated as Cycling Champion.

The report was NOTED.

Confirmation of Minutes Minutes of the Meeting held on 3rd March 2009 were AGREED.

2(b) Business submitted by Director of Services Review of Parking Control Therese Langan presented the Review of Parking Control which included parking zones, tariffs, hours of parking, permits for Health Workers, reduction of rates for parking, VAT charges for car parks and permits for purpose built developments. She also advised the Committee that revenue created from Pay & Display was included in the Council budget and was used for Road improvements, footpath improvements and for various other Services. The item was debated among the Committee Members and it was AGREED to bring the item back to the next SPC Meeting.

2(c) Business submitted by Director of Services Smater Travel Area Bid – Sandyford Business Estate The report was introduced by Therese Langan. The Smarter Travel bid was discussed by the attendees. Ms. Langan advised the Committee that DLRCC had been successful in their bid for financing from the DOE for Smarter Travel and were now through to round two. DLRCC had come 3rd out of 39 entrants for funding. Councillor Marie Baker congratulated the Transportation Staff and complimented all their hard work in their bid. Works were still ongoing by the Transportation Section and the progress report would be raised at the next SPC meeting.

The report was NOTED.

2(d) Business submitted by Director of Services Appointment of Sandyford Business Estate Sustainable Travel Champion Councillor Maria Bailey was nominated as Sandyford Business Estate Sustainable Travel Champion.

2(e) Business submitted by Director of Services Road Safety Plan and European Road Safety Charter Seamus Storan, Executive Engineer, Transportation Department made a Powerpoint Presentation to the Committee on the above. Following the presentation, questions were raised by the Members which were addressed by Seamus Storan. It was agreed to recommend the Road Safety Plan to the County Council

The report was APPROVED

3(a) Draft Cycling Strategy The following items were listed for written response:

Cllr. Dr. Richard Humphreys To ask the Manager if he will prepare a draft Cycling Strategy for the Council covering all aspects of the promotion of cycling and safety for cyclists, with due regard to the National Cycle Policy Framework, and to present the draft to the SPC

82 for approval.

Reply: Dun Laoghaire-Rathdown County Council’s Cycling Policy has been presented to the Transportation SPC for consideration.

The development of this Policy follow the publication of the National Cycle Policy Framework 2009 – 2020 and has set a new policy transport agenda in Ireland with an increased emphasis on sustainable transport including cycling.

The Policy concentrates on the following cycling activities:-  Trips to school  Trips to work  Trips to and from public transport interchanges as part of onward journeys to work  Other utility trips i.e. trips to shops, leisure facilities  Recreational and tourism trips  Long distance and rural routes

3(b) Sutton to Sandycove (S2S) Coastal Cycling Route

Cllr. Victor Boyhan To ask the Manager to provide a brief report on the Sutton to Sandycove (S2S) coastal cycling route proposal.

Reply: It is a specific local objective of the County Development Plan to support the development of the proposed Sutton to Sandycove (S to S) promenade and cycleway.

The appointed lead authority in relation to the S2S, , is Dublin City Council. The City Council has employed consultants to determine if the construction of the S2S is feasible and to develop a preliminary design report. This report has not been completed and is currently awaited.

3(d) County Development Plan Niamh Cronin “County Development Plan - What is the firm date for adoption and publication of the new County Development Plan?”

Report: The Planning Department have indicated that the County Development Plan was adopted on 11th March 2010, and will come into effect on 8th April 2010. Notices informing of this will be published at that time.

4(a) Review of Pay & Display Parking Scheme The following item was submitted for DISCUSSION

Cllr. Marie Baker That this SPC would conduct a review of all aspects of the Pay and Display parking scheme including bye-laws, parking zones, parking tariffs, hours of parking etc.

This matter had been dealt with as Item 2 (b) above and was not discussed.

4(b) Drafting of Bye-Laws to Regulate Private Clamping Cllr. Dr. Richard Humphreys

The following item was submitted for DISCUSSION

That the Manager prepares draft bye-laws for the approval of the Council to regulate private clamping in the County, based on the principles that:

 private clamping operators will require a licence from the Council

83  private clamping operators will have to comply with minimum standards, including a grace period of parking before clamping can apply, and the entitlements of motorists (including an appeal process to be determined by the Council) will be set out.  private clamping operators will be required to deposit funds with the Council to compensate any users whose entitlements have been breached.

Therese Langan advised Councillor Humphrey that Local Authorities had no powers to govern private companies in their use of Clamping.

4(c) The following item was submitted for DISCUSSION

Cllr. Victor Boyhan

That this Strategic Policy Committee carry out a review of the current car parking ‘Pay & Display’ scheme and its related charges.

This Item had been dealt with at Item 2 (b) above and was not discussed.

4(d) Traffic Management Plan for Sandyford

Niamh Cronin Dún Laoghaire-Rathdown Council's traffic management plan for Sandyford when the LUAS B1 Cherrywood line opens in Autumn 2010 and crosses "at grade" at Burton Hall Road junction which is a key ingress/egress point to the business area.

Report: The junction layout and signalized traffic lights system on Burton hall Road in Sandyford Business Park, were upgraded as part of the construction works for the LUAS B1 extension from Sandyford to Cherrywood.

At present the traffic lights are operating under an interim phasing sequence, controlled by a SCATS programme, and monitored by the Traffic Control Room in Dublin City Council.

A traffic lights phasing programme has been agreed between Dún Laoghaire Rathdown County Council and the Railway Procurement Agency Traffic Designers in relation to the period after the opening of the LUAS extension.

This programme has been designed to incorporate three options in terms of the LUAS trams. They are high priority, normal priority and low priority logic.

The level of priority to be afforded to the new service is yet to be agreed.

It should be noted that the junction will continue to be monitored by the Dublin City Council Traffic Control Room, via the SCATS Programme System and by a CCTV camera erected at the junction.

The report was NOTED without Discussion.

4(e) DLRCC Smart Travel Bid

Niamh Cronin DLRCC Smart Travel Bid

 SPC awareness of the Smart Travel bid  SPC support for the Smart Travel bid - SBEA (Sandyford Business Estate Association) wishes the SPC to be advised of the association's position re its conditional support for Council's Smart Travel bid.

Conclusion of Meeting

84 The meeting concluded at 6.00 p.m.

(b) Water and Waste Strategic Policy Committee

The following report of the Chairperson of the Water and Waste SPC was CONSIDERED and NOTED:

Water and Waste Strategic Policy Committee held on 31 March 2010 in Dundrum Office – Report of Chairperson, Councillor Gerry Horkan

The Chairperson, Councillor Gerry Horkan presided.

In attendance were Councillors: M. Baker, J. Dillon Byrne, S. Fitzpatrick, P. Hand, R. Humphreys, P. Hand, R. Humphreys, H. Lewis, B. Saul.

Sectoral Reps: T. Kivlehan, H. O’Neill, M. Sanfey, S. O’Shea, J. O’Hanlon

Apologies were received from Cllr. Tom Murphy, Cllr. Matt Robinson, Cllr. Gearóid O’Keeffe, Cllr. Neale Richmond.

Officials in attendance were: F. Austin, Director of Water & Waste Services, G. Looney, Senior Engineer.

1. Information item for written reply to Councillor R. Humphreys in relation to bin collections was NOTED.

2. Presentation on Structure of Department.

Frank Austin gave a detailed presentation and distributed a report on the Structure of the Water & Waste Department.

Following discussion on the report, Mr. Frank Austin responded to various questions from the members.

3. Presentation on Water Supply.

Ger Looney, Senior Engineer submitted a report on Water Supply in the County.

Following the report, Mr. Looney responded to questions from the members.

4. Future Work Programme

A Draft Work Programme, which was circulated at the meeting, was considered.

1) Domestic Water Charges 2) That the Water & Waste Services SPC review the nature and content of anti-litter advertising including that entered into jointly with the other Dublin Local Authorities. 3) Climate Change Strategy 4) Water Supply in Dun Laoghaire Rathdown – Bye Laws for Management of Water Services and Conservation of Drinking Water. 5) Waste Water / Water Harvesting in Dun Laoghaire Rathdown. 6) Waste Services in Dun Laoghaire Rathdown – Waste Plan. 7) Water Quality – Drinking water, surface water and bathing water. 8) Skip Bye Laws. 9) European Covenant of Mayors – Sustainable Energy Action Plan. 10) Staff Embargos

The meeting concluded at 5.40 p.m.

85 C/327/10 Ministerial/Departmental Correspondence

It was NOTED that there was no business under this heading.

C/328/10 Other Correspondence

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

“1) Letter from Carlow County Council in relation to Grants 2) Letter from Carlow County Council in relation to Carbon Tax 3) Letter from Galway County Council in relation to Local Authorities and Fás. 4) Letter from Dublin Bus in response to correspondence regarding the provision of a shelter in Shankill Village. 5) Letter from Clones Town Council in relation to Quinn Insurance”

C/329/10 Rapid Information Service

The following motion was MOVED by Councillor C. Devlin WITHOUT DISCUSSION:

“This Council puts in place a "Rapid Information Service" to ensure that all relevant stakeholders (householders and businesses) are informed as quickly as possible about any shortage / disruption to a service provided by this Council (i.e. water, waste, etc.). This facility should be put on the Council's website to allow residents and businesses to submit their email address & mobile number so that the information can be disseminated quickly, cheaply and easily by this Council.”

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

“A cross departmental working group has recently been set up to explore new ways of getting information out to residents promptly in relation to a variety of services and particularly in crisis situations. Terms of reference will include an examination of the potential for the enhanced usage of Social Media and targeted email and text alerts. The group will draft a report on its findings, which will be made available to the Elected Members.”

C/330/10 Tackling Graffiti

The following motion was MOVED by Councillor N. Richmond WITHOUT DISCUSSION:

“That the Manager put in place an action plan for tackling graffiti for the County and examines ways of working with community groups and residents' associations in this regard.”

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

“There is an ongoing programme of graffiti removal in the County. In 2009 the Council spent €150,000 on removing graffiti. We also work closely with local residents groups to assist them in tackling this problem in their areas. We provide graffiti removal kits, paint and paint equipment, training is also provided for the use of graffiti removal kits. The

86 involvement of local communities has been very successful and we will continue to work in partnership with these groups to tackle this ongoing problem.

The Council also works closely with the Probation Service who carry out community service projects in our area including graffiti removal. Again this is proving to be a success. This initiative in addition to the Councils own finances and the involvement of Local Communities ensures there is an ongoing programme of graffiti removal in the County.”

C/331/10 Schools in the County

The following motion was MOVED by Councillor N. Richmond WITHOUT DISCUSSION:

“That the Manager would present a detailed report for discussion on how this Council supports schools in the County, including schools that make a particular effort on environmental matters such as reducing, reusing and recycling? Would the Manager also report on how the Council can continue to support and encourage schools, including children, students, teachers and parents who participate in such school projects and lead by great example.”

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

“The Council provides support to schools in the County through the following means:

- Delivery of a Green schools programme. - Talks and workshops provided by the Environmental Awareness Officers and Litter Wardens. - Free Compost Bin. - Free workshops through the Local Agenda 21 Fund. - Free Graffiti Removal Kits. - Free cleanup materials for community cleanups (including litter pickers, bags, and gloves) and a collection of the bags afterwards. - Eco conference for secondary school children. - Recycled Christmas Decoration Competition for primary schools. - Tidy Schools Competition for primary schools. - Social Responsibility and Environmental Event for secondary school children. - Quarterly newsletters detailing upcoming events/ relevant environmental articles. - Resources to support the green schools programme (educational games, posters, etc). - Advice and information on topics related to the environment through our Environmental Awareness Officers and website including the Kids Council website. - Free SEAI energy workshops. - Funding for environmental projects under the sustainable communities fund. - Summer workshops. - Facilitation a Green Schools seminar for teachers.”

C/332/10 Protected Structures

It was proposed by Councillor R. Humphreys and seconded by Councillor J. Bailey:

87 consideration for inclusion solely on the grounds that it is of only local interest. 2. Any person who considers that a structure should be added to or deleted from the Record of Protected Structures may apply to the Manager in that behalf. The Manager may establish a form for such applications, and may require the submission of photographs or other reasonably available evidence (if any). 3. Within 4 months from any such application, the Manager shall report in writing to the relevant Area Committee. If the Area Committee decides that the addition or deletion should be made, the procedures set forth in section 55 of the Act shall be carried out, with the final decision being made (following those procedures) by the full Council pursuant to section 54(2). 4. These procedures shall be publicised on the Council’s website.”

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

“A response to the Councillor (Ref. Motion A13 at January’s Council meeting), stated inter-alia: “while discussions with the Department of Environment have confirmed that buildings of local interest may be considered for inclusion on the Record of Protected Structures, it has always been the Council’s practice to be in accordance with the standards of the National Inventory of Architectural Heritage which state that buildings should be of regional importance or above in order to be included on the Record”. Section 2.4.5 of the DOEHLG Architectural Heritage Protection Guidelines states “It is recommended that planning authorities, when carrying out or commissioning their own inventory, follow the recording and evaluation procedures developed by the NIAH”.

Any buildings including those of local interest put forward for consideration for inclusion onto the Record of Protected Structures must meet one or more of the Categories of Special Interest in accordance with Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the DOEHLG Architectural Heritage Protection Guidelines. It would not be in accordance with the Ministerial Guidelines published in response to Section 52, Part IV of the Planning and Development Act 2000 to include a structure which did not meet one or more of the aforementioned categories of special interest.

While buildings can be added to the RPS outside of the Development Plan Process (under Section 55 of the Planning & Development Act), given the administration and input required from the Conservation Officer (in terms of Research, Assessment of Building and Preparation of Report for Council) it is recommended that the Conservation Officer brings forward a number of buildings for consideration by the elected members at any given time. The setting of a 4-month timeframe for bringing reports to the relevant Area Committee is not considered appropriate as there may be instances where a large number of buildings have been put forward, and meeting this timeframe will be not always be achievable given the limited professional conservation resources available to the Council.”

Councillor Humphreys amended his motion as follows:

It was proposed by Councillor R. Humphreys and seconded by Councillor J. Bailey:

“That the following procedures will apply to the reserved function of adding to or deleting from the record of protected structures under section 54 of the Planning and Development Act 2000: 1. It shall be the policy of the Council that a structure shall not be disqualified from consideration for inclusion solely on the grounds that it is of only local interest. Any building including those of local interest put forward for consideration for inclusion onto the RPS must meet one or more of the Categories for Special Interest in accordance with Section 51 (1) of the Planning & Development Act, 2000 and

88 Section 2.5.4 of DEHLG Architectural Heritage Protection Guidelines. 2. Any person who considers that a structure should be added to or deleted from the Record of Protected Structures may apply to the Manager in that behalf. The Manager may establish a form for such applications, and may require the submission of photographs or other reasonably available evidence (if any). 3. Within 12 months (dependent on volume of requests received and available resources) from any such application, the Manager shall report in writing to the relevant Area Committee. If the Area Committee decides that the addition or deletion should be made, the procedures set forth in section 55 of the Act shall be carried out, with the final decision being made (following those procedures) by the full Council pursuant to section 54(2). 4. These procedures shall be publicised on the Council’s website.”

Following a brief discussion, the amended motion was AGREED.

C/333/10 Control of Dogs Policy

It was proposed by Councillor N. Bhreathnach and seconded by Councillor S. Fitzpatrick:

“That this committee invites the Manager to bring forward a report on how he intends to proceed with a control of dogs policy in all our public parks as the absence of a common policy is causing local problems in our smaller parks.”

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

“Dog fouling is one of the biggest barriers to the public use and enjoyment of parks and green spaces. In spite of the fact that it is illegal to leave dog mess lying on the ground in a public place this continues to be a problem particularly in urban areas.

Uncontrolled dogs off lead are also a problem for some people such as the elderly or young children. A strategy is required to ensure the adequate and valid access for dog owners but also to deal decisively with the problem. In 2009 we provided an off leash area for dogs (dog park) in Marlay Park and these dog parks are gradually being extended to other flagship and local parks.

Given the divergent range of views amongst the general public with regard to the exercising of dogs in public parks, it is considered that the appropriate way to proceed would be to set up a working group of elected members and officials to discuss and tease out the key issues in order to inform a draft policy which would then go before the SPC.

While most dog owners are responsible there is a significant minority who insist on ignoring their responsibility and the law. In adopting a policy we are conscious of ensuring that any policy does not exclude particular interest groups or communities from using the green spaces in the County and we also want to ensure that dog owners who are valuable users of our parks will continue to have a varied choice of green space to visit close to where they live.”

Following discussion, during which Mr. J. Guckian, Senior Executive Officer, Environment, Culture and Community Department responded to Members queries, the report was NOTED.

C/334/10 Public Transport Service

89 It was proposed by Councillor B. Ward and seconded by Councillor J. Bailey:

“That the Council use all means at its disposal, including limiting the use of bus lanes, to negotiate a service with Bus Átha Cliath and other public transport service providers, that provides users with a quality service that delivers meaningful, sensible and complete routes, and frequent, affordable and dependable services.”

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

“The Transportation Department is continuing with the programme of provision of quality bus networks in conjunction with the QBN Project Office of Dublin City Council, and with funding from the National Transportation Authority. The Council's Traffic Section has ongoing communications and discussions with Bus Átha Cliath about routes and services in the County.

The Council does not have the authority or ability to negotiate with public transport service providers about services provided. The National Transportation Authority has recently been assigned the responsibility for licensing of bus operators for public transport purposes, and any negotiations or discussions on levels of service provision should be handled by the N.T.A.”

A discussion took place during which Mr. T. McHugh, Director of Transportation and Mr. O. Keegan, County Manager responded to Members queries.

Following discussion Councillor Ward amended his motion as follows:

It was proposed by Councillor B. Ward and seconded by Councillor J. Bailey:

“That the Council use all means at its disposal to negotiate a service with Bus Átha Cliath and other public transport service providers, that provides users with a quality service that delivers meaningful, sensible and complete routes, and frequent, affordable and dependable services.”

The amended motion was AGREED.

C/335/10 Projection of Figures with regard to School Places

It was proposed by Councillor S. Fitzpatrick and seconded by Councillor J. Dillon Byrne:

“That the Manager write to the Dept of Education to request the projected demand figures for school places in the Dún Laoghaire area and to ask whether the Department plans to carry out new assessments of projected demand particularly in light of the future increase in population arising from the development of the old Dún Laoghaire golf club and the current baby boom being experienced nationally.”

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

“If the motion is passed a letter will be sent to the Department of Education requesting the projected figures.”

The motion was AGREED.

90 C/336/10 Local Drug Task Force Funding

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

“That this council condemns the decision by the Minister for Education and Science to significantly reduce funding in the 2009 and 2010 Govt budgets to the Local Drug Task Force in Dun Laoghaire and to cease funding from 2011. This Council calls on the Minister to reverse these cuts immediately and agrees to write to him outlining our condemnation.”

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

“If the motion is passed a letter will issue to the Minister outlining the views of the Council.”

Following discussion the motion was AGREED.

C/337/10 Help Invigorate the Town Centre of Dún Laoghaire

It was proposed by Councillor M. Mitchell O’Connor and seconded by Councillor C. Devlin:

“That this Council investigates what exactly can be done to help invigorate the town centre of Dun Laoghaire and to examine in detail implications such as parking charges, commercial rates, water charges etc.”

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

“It is proposed to organise a meeting of local Councillors and representatives of the Dún Laoghaire Rathdown Chamber of Commerce in early June to consider the continuing decline in Dún Laoghaire town as a retail area. Presentations will be made on a number of Council projects which are currently underway and which are relevant to this issue. The results of research work previously undertaken by this Council will also be presented. It should be noted that there is no scope for reducing commercial rates and non domestic water charges in Dún Laoghaire and any reduction in the current parking charges will have to be accompanied by equivalent expenditure reductions in order to ensure that the Council’s Revenue Budget is balanced.”

A discussion took place, during which Mr. O. Keegan, County Manager responded to Members queries, the motion was AGREED.

C/338/10 Section 49 - The Glenamuck Distributor Road and Ponds Scheme

It was proposed by Councillor T. Murphy and seconded by Councillor G. Horkan:

“That the Manager will review Section 49 – The Glenamuck Distributor Road and Ponds Scheme in relation to planning permission sought for a single family home on family land at Glenamuck Cottages Kiltiernan.”

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

“On 10th November, 2008 , the Council made a Supplementary Development Contribution Scheme for the purpose of financing the development of the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme pursuant to Section 49 of the Planning and Development Acts, 2000 -2008. Developments located within the catchment area of the adopted Scheme are subject to a supplementary development contribution levy.

The current rate of contribution per residential unit (updated on 10/11/09) is €45,620.40 per unit. There are however, a number of situations where exemptions will apply, most notably for local residents, provided they meet certain stipulated criteria. The Council is satisfied that the provisions of the Section 49 Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme have been properly applied to all relevant planning permissions to date.

The Council accept that in the light of the slump decline in land prices it is appropriate to review that Supplementary Development Contribution Scheme. However the Council will not be in a position to underline a review until issues in relation to the possible re- routing or undergrounding of overhead power cables are resolved. The Council is in discussion with E.S.B Network in relation to this matter.

A discussion took place, during which Mr. O. Keegan, County Manager responded to Members queries. The report was NOTED.

C/339/10 Draft Bye-Laws

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager draw up and present to the Council as a headed item within 3 months a set of draft bye-laws under section 199(2) of the Local Government Act 2001 regulating and controlling high hedges and trees within the County other than high hedges and trees which constitute a hazard or potential hazard to the users of a public road.”

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

“The control of hedges and trees on private property is a civil matter and the Council does not have the authority to make bye-laws to regulate same. However the owner or occupier of any land on which there are trees and hedges growing shall take all steps to ensure that such trees and hedges are not a hazard or a potential hazard to the users of a public road. Local Authorities are empowered under section 70 of the Roads Act 1993 to serve notices, take legal proceedings or carry out work to ameliorate such hazards. Under section 199(2)(b) of the Local Government Act 2001 the Council is prohibited from adopting bye-laws for any purpose that is already covered by another enactment and as stated above the power to deal with hazards or potential hazards on a public road is covered in section 70 of the Roads Act 1993.”

92 C/340/10 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 35 to 41, Item No. 43, Item Nos. 46 to 51, Item 53 and Item 54 to the June meeting of the County Council.

C/341/10 Conclusion of Meeting

The meeting concluded at 6.00 p.m.