DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of Meeting of County Council held in the Council Chamber, County Hall, Dun Laoghaire, Co. on Monday, 9 November 2009 at 5.00 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 Saul, Barry Fox, Tony Smyth, Carrie Hand, Pat Ward, Barry Horkan, Gerry

Apologies for inability to attend were received for Councillor .

An , Councillor Marie Baker presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tony Pluck (Director of Corporate Services), Michael Hogan (Head of Finance), Frank Austin (Director of Services), Mary Mallon (Director of Services), Tom McHugh (Director of Service), Charles Mac Namara (Director of Services), Richard Shakespeare (Director Of Services), Andrée Dargan (County Architect), Mairead Owens (County Librarian), Anne Devine (Senior Engineer), Maura Murphy (Administrative Officer) and Pamela Graydon (Senior Staff Officer)

C/504/09 Item Not On Agenda

An Cathaoirleach, Councillor M. Baker informed the Members that Monkstown Pool and Leisure Centre were awarded a White Flag from ILAM for the 8 th successive year. They also received a Gold Award for Leisure Facilities for providing fully accessible services and facilities for people with disabilities.

C/505/09 Retirement of Ms. M. Mallon, Director of Economic Development & Community

An Cathaoirleach, Councillor M. Baker, the Manager and the Group Leaders, on behalf of the Members and staff, thanked Ms. M. Mallon for her years of dedicated service in Dún Laoghaire-Rathdown County Council and wished her well in her retirement.

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C/506/09 Retirement of Mr. M. Hogan, Head of Finance

An Cathaoirleach, Councillor M. Baker, the Manager and the Group Leaders, on behalf of the Members and staff, wished Mr. M. Hogan, Head of Finance well on his retirement from Dún Laoghaire-Rathdown County Council and thanked him for his dedication and contribution to the County, particularly during the Budget process each year.

C/507/09 Confirmation of Minutes

Minutes of Council Meeting held on 12 October 2009

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

“That the minutes of County Council meeting held on 12 October 2009 be ADOPTED and APPROVED .”

C/508/09 Questions

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

“That pursuant to Standing Order No. 105 question numbers A.1 to A.25 be ADOPTED and APPROVED .”

C/509/09 Metering/Charging of Domestic Water

Question: Councillor R. Boyd Barrett “To ask the Manager whether the infrastructure for the meters for non-domestic users installed for the Council by GMC over recent years also have connections that could facilitate the metering/charging of domestic water users were water charges to be introduced at some point in the future?”

Reply: “The metering solution installed was a regional project chosen as the best available solution for metering and charging of non-domestic customers and the project was limited to those only. No connections were installed for domestic customers and there has been no consideration of the feasibility of extending the metering infrastructure beyond non-domestic customers.”

C/510/09 Students Living at Home in the Council's Administrative Area

Question: Councillor R. Boyd Barrett “To ask the Manager, whether students living at home in the Council’s administrative area and studying in Dublin, whose parents are dependent on social welfare or a low income are entitled to a maintenance grant and/or financial assistance with the payment of college registration fees?”

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Reply: “The income thresholds and type of awards for the Higher Education Grant Scheme 2009/2010 are set below.

Any person / family with an income that falls within one of these thresholds will qualify for some level of funding from this Council. Those families with an income less than €41,110 would qualify for a full maintenance and fees grant.

No. of Full Part Part Part Part Dependent Maintenance Maintenance Maintenance Maintenance Tuition Children (100%) and (75%) and (50%) and (25%) and Fees Full Fees Full Fees Full Fees Full Fees (50%) only** Less than €41,110 €42,235 €44,720 €47,205 €51,380 4 4-7 €45,165 €46,415 €49,145 €51,880 €56,460 8 or more €49,045 €50,400 €53,360 €56,320 €61,295

**Full Student Service Charge is paid where income is at or below this level.”

C/511/09 Reinstate the Free Council Doctor Service

Question: R. Boyd Barrett “To ask the Manager to reinstate the free Council Doctor service, which he has recently withdrawn for those Council workers who have traditionally received it, on the grounds that it represents yet another attack on the incomes of low and average earning Council workers already hit with significant losses in earnings as a result of recently imposed levies and on the grounds that much of those workers use of this service was related to the physical effects of their Council work on their health?”

Reply: “The provision of a free medical service to the Council’s outdoor employees ceased on 30 th September 2009.

The Council has been advised that unions representing the employees concerned have now referred the matter to Conciliation Service of the Labour Relations Commission.”

C/512/09 Empty Housing/Apartment Units in the Council Area

Question: Councillor R. Boyd Barrett “To ask the Manager, if he can provide or is aware of any figures or estimates on the number of empty housing/apartment units in the Council area and what initiatives the Council might be able to take secure these for social use?”

Reply: “It should be noted that there are three categories under this heading as of May 2009.

(a) Apartments/houses that are completed but are unoccupied; (b) Apartments/houses that are still under construction and have reached roof completion stage; (c) Apartments/houses that are not built to roof level.

The total number of apartments in categories (a) and (b) is circa 2120.

3 The total number of apartments in category (c) is circa 1248. The total number of houses in categories (a) and (b) is 470 The total number of houses in category (c) is circa 65

These unoccupied/unfinished apartments/houses are located throughout the entire County and includes sites in Dundrum/Sandford, , Stepaside, , and adjacent to the N.11.

These figures are sources from the annual Dwellings Survey, completed each year by this Department.”

C/513/09 Assistance

Question: Councillor R. Boyd Barrett “To ask the Manager, what form of assistance (including financial) can be provided to support (details supplied) in Dún Laoghaire in terms of securing the schooling, therapy and proper housing she needs?”

Reply: “The Department of Education and Science is responsible for the effective provision of appropriate education for children with special education needs. In support of the family in question the Traveller Accommodation Unit of the Council, has highlighted the matter with the H.S.E, Child Protection Services. The Traveller Accommodation Unit has made representations on behalf of the family to the Board of Management at St. Michael’s House, as the child in question was recently declined a position at this school. The Traveller Accommodation Unit will continue to liaise with the HSE and the Department of Education in support of the families appeal for a suitable educational placement and support services.

The Traveller Accommodation Unit have recently restored and refitted an unoccupied housing unit adjacent to the family’s mobile home. This unit contains a fully fitted bathroom and kitchen/sitting room. This unit is solely accessible by this family. However, the use of this housing unit should be viewed as a short-term measure until the halting site at Monkstown is developed.”

C/514/09 Unoccupied Units

Question: Councillor V. Boyhan “To ask the Manager to confirm the number of unoccupied units which the Council have acquired under the - Affordable Housing Scheme (Part Five of the Planning & Development Acts) as of 1 October 2009, and will the Manager consider other options to release these properties to local people in need of housing?”

Reply: “The Council currently has 227 apartments for sale under the affordable housing scheme. Of these 189 are in the Council’s ownership and 38 are being sold by way of direct sale from the Developers. To date this year sales have closed in relation to 68 properties - 51 by direct sale and 17 by way of sale from the Council.

At the beginning of 2009 there were over 4,000 applicants on the affordable housing list. All applicants were written to in February/March and asked to confirm their interest in affordable housing. There are now approximately 2,000 applicants on the affordable housing list. Over the last few months the Council has put a lot of extra effort into sales and has appointed sales agents to assist staff. All existing applicants were provided with details of the available properties on offer. Viewings are on going and are being

4 organised to facilitate applicants outside of office hours. The available properties have been advertised on the Council web-site, the Affordable Housing web site and also on Daft. This has generated a considerable interest in the scheme and a number of new applications have been received.

Currently deposits have been taken to secure 83 properties for potential purchasers of which 77 are in the Council’s ownership. The disposal of 34 of the Council properties was approved at the September Council meeting and 23 at the October meeting and notices proposing the disposal of a further 9 units are listed on this Agenda. It is hoped that these sales will close in the next few weeks. The remaining applicants who have placed deposits are at various stages in the sales process, including seeking mortgage approval, subject to which sales should close by year-end.

In order to encourage sales and in view of the current status of the property market the Council has reduced its sales prices so that they are c. 20% below the current market value. This reduction is being subsidised by funds received from Part V Agreements. These funds are limited and it is unlikely the Council will be in a position to make any further reductions without incurring significant loss.

It is envisaged that by the end of November all affordable properties available for sale will have been offered to everyone on the list. At that stage the various options available for the use of these properties will be examined and a decision will be made as to their future use. A further report will be made to a future Council meeting.”

C/515/09 Commercial Rate Freeze

Question: Councillor V. Boyhan “To ask the Manager with regard to the preparation for Annual Budget 2010 to seriously consider a commercial rate freeze for business rate payers in 2010, given the enormous pressure rate payers are experiencing in the current economic climate, in the interest of retaining jobs and businesses in the County?”

Reply: “This Council is very conscious of the need to keep commercial rate increases and increases in other charges that impact on the commercial sector as low as possible. In this regard it is worth pointing out that the Council increased the ARV by 2.74% in 2004, 2.5% in 2005 and 2.0% in 2006. There was no increase in the rate in 2007. The increase in 2008 was 2.0% and in 2009 2.75%. During this period the cumulative increase has been among the lowest in the country and well below the rate of general inflation.

The Council also has a proven track record of seeking to spread the cost of its services. The former Corporation of Dun Laoghaire introduced domestic water charges in 1983 and for many years was the only Dublin local authority to levy domestic water charges. Dun Laoghaire Rathdown County Council continued with domestic water charges from 1994 until their abolition by Central Government at the beginning of 1997. Dun Laoghaire Rathdown County Council was also the first Dublin authority to introduce domestic refuse charges in 2000.

The implementation of Better Local Government has resulted in significant improvements in the way local authorities operate. DLR, in particular, has shown a willingness to outsource services where this has been shown to be more efficient and economic than direct provision of the service.

Every effort is made to keep expenditure increases to a minimum. Local authorities have no input into National Pay Agreements and are not free to determine if such increases

5 should be paid or not. The Government has, however, determined that the pay increase due last September should not be paid by local authorities. DLR’s staff numbers actually declined by 11.89% during the period 2003 to 2008. During the years DLR has been very conscious of the need to control staff numbers and to provide value for money. It has been willing to outsource services, or elements of services, where this has been considered the most appropriate approach. There have been further reductions in numbers in 2009, primarily as a result of a Government instruction on non-filling of vacancies. There is concern now that current staffing levels will impact on services. Other staff costs, such as overtime and travel, have also been reviewed and restrictions imposed. Other costs, such as contracts, advertising, energy, are also subject to ongoing review.

The two main sources of funding for local authorities are Commercial Rates and Government Grants. The ability of a local authority to pass on savings on the expenditure side to the Commercial sector will clearly be constrained by the level of reduction, if any, in Government Grants

Management is very conscious of the need to support and encourage the growth of business within the County. Regard must also be had to the following:

1. that under Government guidelines local authorities must charge for Commercial Water at rates that will ensure full cost recovery. 2. A balance has to be struck between local funding provided by the Commercial sector and by households which will ensure that 3. an adequate and appropriate level of services will be maintained.

All of these points will be taken on board in preparing the 2010 Budget for submission to Council. Every effort will be made to keep the impact on the Commercial Rate and Charges as low as possible.

C/516/09 Commercial Water Charges in Dún Laoghaire-Rathdown

Question: Councillor V. Boyhan “To ask the Manager to explain why Commercial Water Charges are higher in the Dún Laoghaire – Rathdown County Council Area than Area, given that supply of water comes from the City Council?”

Reply: “Under the Water Pricing policy, government funding is provided to local authorities for domestic water and wastewater services only. The full cost of providing services to non- domestic customers must be recouped through water charges in a transparent manner; there is no other source of funding. Since 2007, water services funding is not to be cross subsidized from commercial rates and the removal of this cross-subsidy contributed to moderating commercial rates charges in DLRCC in recent years. Direct comparison of charges with individual councils can be misleading at this stage, as not all councils have published their price setting methodology.

The charges for water supply and wastewater treatment in DLRCC represent the actual costs of providing the service, based on adopted estimates, as required by the governments Water Pricing policy. Over 98% of water supplied in DLRCC is purchased from Dublin City Council and the cost of distribution of the water, including maintenance of the network, must be included in the charge levied on customers.

This county has some of the oldest water and sewerage networks in Ireland which results in higher maintenance and operation costs. Despite this, the non-domestic

6 charges in DLRCC are about the national average and, at 4% p.a., has shown one of the lowest rates of increase since 2006.”

C/517/09 13 % V.A.T. Rate on Council Bins Services

Question: Councillor V. Boyhan “To ask the Manager to confirm what is the current status of the governments proposal requiring Councils to introduce a 13 % V.A.T. rate on Council Bins Services, please indicate what other Council Services are being suggested for a 13% Service Charge V.A.T. Rate?”

Reply: “It is my understanding that there are ongoing discussions involving DOEHLG and Revenue, and DOF. Local authorities are also involved in these discussions. It will be clear what services will be liable to VAT when these discussions have been concluded. It is also my understanding that 21.5% is the default rate of VAT, except where the legislation provides for the lower rate of 13.5% in respect of a particular service.

It should be noted that fees in respect of our golf courses are already liable to VAT at 13.5%.”

C/518/09 Parking Enforcement Contract

Question: Councillor V. Boyhan “To ask the Manager to report to the Council on the Parking Enforcement Contract that was put out to Public Tender, and was due to be awarded earlier this year?”

Reply: “The Council initiated a two stage Tendering Procedure process for the Parking Enforcement Contract for the administration area of Dún Laoghaire Rathdown County Council. Three Tenderers were qualified under the procedure and they were invited to tender for the Contract.

The Tender submissions for the Contract were received on the 28 th September 2009. These submissions are being evaluated at the moment.

It is anticipated that interviews are warranted and it is expected that the Contract will be awarded at the end of November.”

C/519/09 Outstanding Applications in Relation to the Higher Education Grants Scheme

Question: S. Fitzpatrick “To ask the Manager what are the current number of outstanding applications in relation to the Higher Education Grants scheme and how many weeks is it taking to process each application? How many people in total have applied for grants and how do this years figures compare with the previous three years. Furthermore to ask whether there are any plans to re-allocate extra staff to the grants section to help reduce the workload?”

Reply: “The details of the grant applications received / assessed as of Friday 30th October are:

New Applications - 550 received to date - 212 processed with 89 awarded a grant

7 Renewal Applications - 560 received to date - 300 processed with 215 awarded a grant

The length of time taken to process an application varies depending on the complexity of the case.

The figures this year are up on previous years. We had 485 new applications last year so we have 65 extra applications with a month to go before the closing date. The Renewal figure is similar to that of previous years. However there is significant extra work with the renewal students this year as it is our first time to reassess renewal students in the middle of their programme of study. Students are now being reassessed at least every second year as requested by the Department of Education.

The payment of grants has improved significantly over recent years, despite the increase in applicants. However the system is slowed down by the significant number of applicants that submit incomplete details. There are no additional staff resources available to re-assign to the higher educations grants section at the moment.”

C/520/09 Director of Public Health medicine

Question: Councillor S. Fitzpatrick “To ask the Manager on which date the Director of Public Health medicine retired. Furthermore could the manager clarify what process has been used to recruit a replacement for the position? Has a date been set for the appointment of a new Director?”

Reply: “The post of Chief Medical Officer for the Dun Laoghaire-Rathdown area is vacant at present following the retirement of the Chief Medical Officer in late August 2009. The Chief Medical Officer adjudicated on medical certification submitted by housing applicants and housing transfer applicants. He also made determinations in relation to assessing medical priority for disability grant applications under a number of schemes operated by the Council.

The Council is in communication with the Health Services Executive (HSE) concerning the filling of the vacant post of Chief Medical Officer for Dun Laoghaire-Rathdown area to carry out this work.”

C/521/09 Outstanding Shared Ownership Applications

Question: Councillor S. Fitzpatrick “To ask the Manager to inform the Council as to the number of outstanding shared ownership applications that are currently awaiting decision? Can the Manager inform the Council as to the timeframe that it is taking to process applications? Also what is the launch date for the implementation of the new computer system to process ICB checks?”

Reply: “The Housing (Local Authority Loans) Regulations 2009 took effect from the 27 th April 2009. The Regulations provide for:

• Increased loan limits • Amended income eligibility and • The introduction of a credit policy

8 The Credit Policy requires the Council to perform a credit check for each applicant and a check on any judgements filed against the applicant. Credit checks will be carried out using information provided by the Irish Credit Bureau (ICB). This system is based on sharing of information by all those providing lending and using the system which includes the majority of lending institutions in the state.

The Council is required to carry out credit and judgement checks in relation to all applications for House Purchase and Shared Ownership Loans received after the 27 th April 2009. The Department of the Environment Heritage and Local Government have advised that this service will be provided by the ICB to all Local Authorities via the Affordable Homes Partnership (AHP). A Service Level Agreement has been signed with the AHP to allow them carry out this service on behalf of Dun Laoghaire Rathdown County Council and the necessary Contracts have recently been signed with the ICB to enable the procedure to be put in place. Final adjustments to the Council’s computer system have now being made and confirmation is awaited from the AHP that they are in a position to proceed, this is expected in the next two weeks.

Six applications are currently being examined to establish if they qualify for approval under the Shared Ownership Scheme. Additional information has been requested from all applicants, once this is received the necessary credit checks can now be carried out on behalf of the Council with the ICB and the applications processed.”

C/522/09 Solar Powered Security Cameras

Question: Councillor S. Fitzpatrick “To ask the Manager to investigate whether wireless, solar powered security cameras would be a worthwhile investment for use in remote areas where dumping and anti social behaviour takes place? Might there be a cost benefit of installing them as a means of deterrent over the expense of having to remove large volumes of rubbish as happened recently at White Rock Beech?”

Reply: “The Council has explored the use of wireless, solar/battery powered, both covert and overt, security cameras in areas where mains electricity was not available and where fly- tipping of waste was taking place.

In investigating this technology as an option for capturing evidence of dumping, the Council consulted with several specialist companies. While overt cameras deployed in well-trafficked areas have proven successful, the use of cameras in remote area has brought limited success. In considering the feasibility of using this technology, the Council evaluates the cost benefit. The equipment is costly to deploy and it can prove difficult to capture images of sufficient quality to identify persons involved, especially where low light levels pertain.

The use of surveillance cameras will continue to be explored as a means of deterring fly- tipping and capturing evidence to prosecute those engaged in the practice.”

C/523/09 Combined Kerb and Drainage Systems

Question: Councillor S. Fitzpatrick “To ask the Manager to investigate if combined kerb and drainage systems (Example: http://www.charcon.com/news/all_in_one_drainage_solutions.aspx) are a preferable alternative to conventional ‘grate gullies’ that easily get blocked as leaves and other material that block gullies is regularly highlighted as an issue that is both time consuming and expensive for the Council to manage?”

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Reply: “The Council has not used this type of Drainage before but we do use a similar system on our new roads. The particular reason for their use is that there is no room available in the road to install a drainage pipe because of the amount of services. However, the preference is to use the old gully grate because it is easily cleaned and low cost. The drainage type referred to is difficult to clean particularly when it gets clogged with silt.

It is appreciated to have another type of drainage system available and it may be used at some future date when other solutions are not suitable. ”

C/524/09 Non-Payment of Charges

Question: Councillor R. Humphreys “To ask the Manager to outline the steps open to the Council to deal with a situation where elected members of the Council encourage non-payment of charges lawfully due to the Council by members of the public?”

Reply: “As there is noting illegal in this practise, there is nothing the Manager can do. However, elected members would be discouraged from such practise. It is a matter for the elected members themselves to deal with through the Organisation Protocol & Proceedure Committee if and when instances of this practice arise.”

C/525/09 Contact Details of Residents Associations

Question: Councillor R. Humphreys “To ask the Manager for a list of the contact details of all Residents Associations within the functional area of the Council whose contact details are on file with the Council, and details in each case as to whether they are recognised formally under the Local Government Act 2001?”

Reply: “In accordance with the Data Protection Act, 1988, as amended 2003, specifically Section 2 (1) (attached below), which deals with the protection of privacy of individuals with regard to personal data, it is not possible to provide a full list of all Residents Associations on file with the Council.

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

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(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

In relation to the Deputation Section, in April 2008 the Council wrote to all Residents Associations on file to seek permission to release their contact details to any interested parties. We have 338 Residents Associations listed in total and received 49 letters of approval in return. This approved list of contact information for Residents Associations is available from the Secretariat Section, Corporate Services on request.”

C/526/09 System of Registering Interest Groups

Question: Councillor R. Humphreys “To ask the Manager whether he will introduce a system of registering interest groups that cater for the needs of ethnic or other minorities within the County, to enable such groups to have a formal relationship with the Council?”

Reply: “The Councils Social Inclusion Unit has regular contact with representatives and members of ethnic minorities, Travellers, and other minority groups and works towards addressing their needs through a number of initiatives:

Ø During the consultation around and the preparation and implementation of the actions in the Anti Racism & Diversity Plan (ARD), Ø The formation and delivery of Actions in the Traveller Action Plan on which STAG (Southside Traveller’s Action Group) is a key participant, Ø Through the implementation of the NAPSIS (National Anti Poverty and Social Inclusion Strategy) and LAPSIS (Local Anti Poverty and Social Inclusion Strategy) which lists these groups as vulnerable target groups Ø The annual recognition and celebration of World Refugee Day, such as the event held in IADT on 22 nd June 2009, Ø Social Inclusion Week which is held annually and this year included participants from various backgrounds - people with disabilities, youth organisations, Community Gardaí, SWAN (Southside Women’s Action Network), Older People, Dun Laoghaire Refugee project etc., Ø A LGBT (Lesbian Gay Bi Trans) study is currently being undertaken to research the needs of young LGBT people in the county.

Other examples of contact made with representatives of and members of ethnic minorities, Travellers and other minority groups during 2009 include: Ø The Dún Laoghaire-Rathdown County Council Voter Participation Project in June 2009 which was supported by the African Centre, Immigrant Council of Ireland, Crosscare Migrant Centre, Irish Polish Society and Forum Polonia. Ø The Social Inclusion Officer is a member of the Divisional Cultural Diversity Consultation Committee, set up by An Garda Siochana

The Minister for Integration has requested the Council to establish a forum of immigrants to act as a channel of communication on issues of concern to them in our area. The Social Inclusion Officer intends to establish this in the New Year, dependent on receipt of funding from the Office of Integration. This Forum might become the mechanism through which a more formal relationship could be established with this group.

11 However membership of and the representational role around these groups can be highly fluid and some groups are reluctant to participate in such formal relationships. Therefore, a “definitive” register as suggested in the question might not be possible but the feasibility of establishing one will be investigated further.”

C/527/09 Pre-planning Consultation

Question: Councillor R. Humphreys “To ask the Manager to clarify the reply to question A17 at the Council meeting of 12 October 2009 by stating whether a written record maintained by the Council of a pre- planning discussion with an applicant or his or her representative is placed on the planning file, and if so whether the sentence in that reply that "Written records of pre planning consultations which are on the planning file are available for inspection" includes such written records of telephone pre-planning discussions, and if such records are not placed on the planning file, whether they will be made available to an applicant on request?”

Reply: “I set out hereunder clarification of this Local Authority’s position in relation to pre- planning consultations.

Section 247 [5] of the Planning and Development Act 2000 requires the Planning Authority to keep a written record of pre-application consultations under the section, including the names of those who participated. A copy of such record must be retained and placed on the planning file in the event of a subsequent planning application in respect of the proposed development being received.

Pre-application consultations in its broad sense covers a range of contacts between potential applicants and the planning authority, which can include contact/discussion/communication face to face, by telephone, letter, fax or e-mail.

Very frequently potential applicants contact the Planning Authority with general queries which the Authority answers over the phone. These queries are often general/non- specific. They are different in nature to Section 247 – pre-planning consultations. The Council keeps a record of phone calls which we are required to return as part of the D.O.E. H.L.G. service indicator returns. These phone call records are not classified as 247 – pre-planning consultations.

Having examined the Freedom of Information legislation it is considered in relation to telephone conversation records that the best way of dealing with requests is through the formal Freedom of Information process.

It is our practice and policy when there is a request for section 247 consultation to have face to face meetings where the applicant is required to submit drawings, proposals, etc., in advance of such meetings. It is our policy to obtain as much detail as possible in advance of these meetings in order to give comprehensive and detailed planning advice. It is our opinion that this is the best method of processing Sections 247 and it is the best interest of the public that we proceed along the lines as set out above.”

C/528/09 Social Housing Units

Question: Councillor H. Lewis “To ask the Manager to provide a full list of social housing units that are due for construction in the forthcoming year?”

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Reply: “2009 has been a very productive year for the Councils own Social Housing Programme. The following units have been provided to date in 2009:

Scheme No of units Completed Pearse Street 17 June 2009 St Galls Gardens North 8 July 2009 Stonebridge Road 103 July 2009

The following units are currently under construction/refurbishment:

Scheme No of units Due for Completion Kilcross Green 4 social November 2009 Clontibret House 4 social November 2009 Close 7 social 1 affordable November 2009 Brehon Grove, Kingston 29 social, 10 affordable End January / Mid February 2010 Benamore, Blackrock 41 social End January 2010 St. Galls Gardens North 12 social June 2010 Pearse St (final phase) 18 social January 2010 Meadowlands (final phase) 27 social October 2010

Part 8 approval has been obtained for the following schemes and the Council is trying to obtain funding to proceed to the next stage, which is the construction phase

Scheme No of units Broadford Rise 21 social units for elderly Cromlech Close 15 social Enniskerry Road 105 social 50 affordable Lambs Cross 19 social 6 affordable

The Housing Department is also trying to progress re-development/refurbishment proposals for Rosemount Court and Rochestown House. In this regard project briefs have been submitted to the Department of the Environment Heritage and Local Government for their approval to proceed. The Council is also currently responding to some queries raised by the Department of Environment Heritage and Local Government. Remedial works are currently being carried out on 28 dwellings at Hillview Estate.

185 social units for voluntary housing are being provided under Part V and are expected to be completed by the end of the year or early in 2010.

It is also expected that 49 social units being constructed by NABCO under the Capital Loan & Subsidy Scheme will be completed by the end of this year.

It is difficult to give exact timeframes as to when units will be available as these are dependent on Developers completing the developments. “

C/529/09 Boarded-up Council Houses

Question: Councillor H. Lewis “To ask the Manager to provide a report on the Council’s progress in repairing/refurbishing boarded-up Council houses this year, showing the number of houses boarded-up in that period and the number subsequently re-let?”

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Reply: “A total of 136 units have been surrendered from 1 st January 2009 to date. 43 of these dwellings have been re-allocated.

Out of the 93 units remaining, 18 dwelling require major work or re-development, 45 are currently with the maintenance department for re-let works and 30 are available for re- letting, offers are currently being made on these.

Every effort is made to ensure that vacant dwellings are made available for letting at the earliest possible date, However the council uses this opportunity of a vacant dwelling to upgrade its condition before re-letting it. These works can involve installation of new windows, rewiring, smoke alarms, attic insulation, external maintenance woks as well as internal decorative works.

The average number of re-lets for the past four years has been 130 per year. This year Housing maintenance had 130 voids to end of August 09, an increase of 30% on previous years due to new developments.

On average 90% of vacant dwellings that are with the Housing Maintenance Section for repairs are handed back to Allocations Section for re-letting within 7 weeks. “

C/530/09 Domestic Water Charges

Question: Councillor H. Lewis “To ask the Manager that given recent proposals by the government and in the taxation commission report, if he is aware of any plans or practical preparations that would lead to the implementation of domestic water charges across the county?”

Reply: “The then Government abolished Domestic Water Charges at the time of the 1997 Budget. It has since been agreed with the EU that it is a matter for the Irish Government as to when, and if, Domestic Water Charges will be re-introduced. I am not aware of any plans or practical preparations that would lead to the implementation of domestic water charges.

It should be noted that, since 2007, Non-domestic customers are required to pay the full cost of providing the water/waste water service to them, in addition to paying Commercial Rates and Corporation Tax. Householders make no direct contribution to the cost of providing these services to the Domestic sector.

The Renewed Programme for Government states, under the heading Local Taxation and Charges that:

"We will introduce charging for treated water use that is fair, significantly reduces waste and is easily applied. It will be based on a system where households are allocated a free basic allowance, with charging only for water use in excess of this allowance. In keeping with the allocation of greater responsibility to local government, Local Authorities will set there own rates for water use."”

14

C/531/09 Noise from Construction Work on Saturday Afternoon, Sunday and Bank Holidays

Question: Councillor L. McCarthy “To ask the Manager, what advice he can give to residents who are disturbed by construction work on Saturday afternoon’s, Sundays or Bank Holidays in order to prevent further disturbances.”

Reply: “Conditions are imposed for developments involving larger sites e.g. several houses. Conditions in respect of one off housing are generally not imposed as the degree of disturbance is not significant. However, where a planning application is made, persons living close to the proposed development may make a submission with regard to any aspects of the development including any potential noise that may arise during the course of construction and regard is taken of any issues raised in the submission.

Where noise nuisance is caused by development works, residents may report incidents to the Water and Waste Services Department, Enforcement Unit. Noise abatement measures may be imposed following investigations by the Environmental Health Officer and these can relate, for example, to restrictions on hours of operation and/or variations in work practices. There is no out-of-hours response in such cases and complaints lodged over a week-end or public holiday are responded to on the workday immediately following receipt of such complaint.

Consultation takes place with the Planning Department’s Enforcement Unit to ensure a co-ordinated approach to enforcement in these matters.”

C/532/09 Different Surfaces Used in the Children’s Playgrounds

Question: Councillor C. Smyth “To ask the Manager to report on the different surfaces used in the Children’s Playgrounds throughout Dun Laoghaire Rathdown?”

Reply: “There is a variety of different safety surfaces used in Children’s Playgrounds in the County.

The safety surface can be one or a combination of the following:

1. Rubber (wet-pour) which is a poured on mixture of rubber granules combined with adhesive substances.

2. Wood-chip or fibre which is a specialized product for playgrounds.

3. Rubber tiles similar to wet pour except in tile form but easily vandalized and rarely used now.

4. Pea gravel which is loose grounded gravel.

5. Safa grass which is a rubber based matting which grass can grow through. This can be used under equipment which is very low to the ground.

15 There is an international standard which specifies the depths of safety surface required which is based on the critical fall heights from the equipment.

The choice of safety surface is based on suitability to location, resistance to vandalism and cost implications. The more natural settings lend themselves to wood-chip pea gravel and safa grass, where as the rubber wet pour can suit more urban play areas. All of these safety surfaces are acceptable to The Royal Society for the Prevention of Accidents (RoSpa) who are engaged after the installation of each playground to certify it is safe.

RoSPA inspects all playgrounds annually in the County. Daily inspections are carried out by council staff.”

C/533/09 ‘Positive Ageing Town’

Question: Councillor C. Smyth “To ask the Manager to investigate the participation of a town in Dún Laoghaire- Rathdown becoming a ‘Positive Ageing Town’ during ‘Positive Ageing Week’ in 2010?”

Reply: The Social Inclusion Officer will investigate the possibility of a town in Dun Laoghaire Rathdown becoming a “Positive Ageing Town” during “Positive Ageing Week” in 2010 and achieving a synergy between this event and Social Inclusion Week.”

C/534/09 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. Dundalk Chamber of Commerce: A Seminar on Presentation Skills by Yanky Fachler, The Lisdoo, Newry Road, Dundalk, Co. Louth. 1 st October 2009 b. Business in the Environmental Goods and Services Sectors’ Seminar, Killarney Plaza Hotel & Spa, Town Centre, Killarney, Co. Kerry. 8 th – 10 th October 2009 c. North-South Confederation of Councillors Training Seminar- ‘Councillor Co- operation, North & South- The Challenges’, Bellingham Castle Hotel, Castlebellingham, Co. Louth. 9 th – 10 th October 2009 d. ‘Dynamic Regions’- Future Directions in Regional Development, Thomond Park Stadium, Limerick 6 th November 2009 e. GIS Ireland 2009 Conference & Exhibition, Guinness Storehouse, Dublin 14 th October 2009 f. Training Seminar for Councillors: Health & Safety, Drug & Alcohol Abuse, Anti- Social Behaviour impact on A & E Departments, Carraig Hotel, Main Street, Carrick-on-Suir, Co. Tipperary. 30 th October – 1 st November 2009 g. The National Waste Summit 2009, Croke Park Convention Centre, Dublin 19th November 2009 h. Local Governance Seminar: ‘Council Budgets 2010’,Silver Tassie Hotel, Letterkenny, Co. Donegal 20 th – 22 nd November 2009 i. Local Governance Seminar: ‘Finance Budgets for 2010 plus’, Carlton Millrace Hotel, Bunclody, Co. Wexford 27 th – 29 th November 2009 j. Anaerobic Digestion in Ireland: Tomorrow’s Thinking Today,The Tullamore Court Hotel, Tullamore, Co. Offaly 22 nd October 2009 k. 12 th Annual Céifin Conference –‘Who’s in Charge? Towards a Leadership of Service’,West County Hotel, Ennis, Co. Clare 3 rd – 4 th November 2009 l. ‘Content is King- How to make exceptional blogs, videos and podcasts’,Guinness

16 Storehouse, Dublin 8 17 th November 2009 m. LAMA-Annual Winter Seminar 2009,Service Provision in Local Government: The New Reality ,Carlton Castletroy Park Hotel, Dublin Road, Limerick. 6 th – 7 th November 2009 n. 2009 AOIFE 16 th Annual Conference.Carlton Shearwater Hotel, Ballinasloe, Co. Galway 5 th – 6 th November 2009 o. Elected Member’s Training Seminar: Local Government Ethics in Public Life Your Responsibility, Sligo Park Hotel, Pearse Rd, Sligo 6 th – 7 th November 2009 p. Irish Planning Institute-Autumn Conference 2009, Gresham Hotel, O’ Connell Street, Dublin 1. 20 th November 2009.”

C/535/09 Approval of Nominations

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

“North-South Confederation of Councillors Training Seminar- ‘Councillors Co-operation, North & South- The Challenges’, Bellingham Castle Hotel, Castlebellingham, Co. Louth, 9th – 10 th October 2009

• Cllr Mary Mitchell O’ Connor

Challenged Local Authorities Promoting Community Development, The Glenlo Abbey Hotel, Bushypark, Co. Galway. 16 th - 18 th October 2009

• Cllr Pat Hand • Cllr Gerry Horkan • Cllr Jane Dillon Byrne • Cllr Maria Bailey • Cllr John Bailey

Councillor Training Seminar: Voluntary Housing & Sheltered Housing for the Elderly, Manor West Hotel Spa & Leisure Club, Killarney Road, Tralee, Co. Kerry. 23 rd – 25 th October 2009

• Cllr Gearóid O’Keeffe • Cllr Pat Hand • Cllr Maria Bailey • Cllr John Bailey • Cllr Gerry Horkan

Public Policy Making & The Councillor (Beyond Local Issues), Carlton Atlantic Hotel, Westport, Co. Mayo. 30 th October- 1 st November 2009

• Cllr John Bailey • Cllr Maria Bailey

Training Seminar for Councillors: Health & Safety, Drug & Alcohol Abuse, Anti- Social Behaviour impact on A&E Departments, Carraig Hotel, Main Street, Carrick-on-Suir, Co. Tipperary. 30 th October-1st November 2009

• Cllr Tony Fox

17

LAMA-Annual Winter Seminar 2009, Service Provision in Local Government: The New Reality , Carlton Castletroy Park Hotel, Dublin Road, Limerick.

• Cllr Donal Marren

Time Management, Media & I.T Skills Conference, A Guide for the busy Councillor, Creggan Court Hotel, Athlone, Co. Westmeath. 6th – 8 th November 2009

• Cllr Lettie Mc Carthy”

C/536/09 Monthly Financial Report

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

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/09 - 30/09/2009 9 75.00%

EXPENDITURE

PROGRAMME GROUP: TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 23,978,353 37,591,500 63.79 B Road Transportation & Safety 19,806,425 29,553,500 67.02 C Water Services 25,300,623 31,279,300 80.89 D Development Management 7,342,830 10,931,600 67.17 E Environmental Services 32,062,612 47,542,000 67.44 F Recreation & Amenity 16,934,014 24,020,800 70.50 G Agriculture, Education, ------Health & Welfare 4,918,733 6,613,800 74.37 H Miscellaneous Services 4,215,769 8,265,500 51.00 J Service Support Costs 20,117,259 24,638,900 81.65 TOTAL: 154,676,618 220,436,900 70.17

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 18,410,150 33,017,400 55.76 B Road Transportation & Safety 8,400,194 12,958,300 64.82

18 C Water Services 4,071,796 9,322,700 43.68 D Development Management 1,604,526 2,523,800 63.58 E Environmental Services 16,090,183 18,481,900 87.06 F Recreation & Amenity 4,109,623 6,094,700 67.43 G Agriculture, Education, ------Health & Welfare 3,240,930 6,017,600 53.86 H Miscellaneous Services 1,493,442 3,856,500 38.73 SUB TOTAL: 57,420,845 92,272,900 62.23 Commercial Rates 65,635,123 88,263,200 74.36 Local Government Fund 30,624,937 38,400,800 79.75 TOTAL INCOME: 153,680,906 218,936,900 70.19

SURPLUS/-DEFICIT AT 30/09/2009 -995,712

Date 19/09/09

Signed: M.Hogan Head of Finance”

C/537/09 Proposed Disposal of Properties

LD 2215 – Proposed disposal of freehold interest in area of land at the rear of 19 Lodge, Glenageary, Co. Dublin to Tom McGibney and Helen McGibney

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

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

LD 2215

Proposed Disposal of freehold interest in area of land at rear of 19 Glenageary Lodge, Glenageary, Co. Dublin to Tom and Helen McGibney, 19 Glenageary Lodge, Glenageary, Co. Dublin.

An application was received from Tom and Helen McGibney to acquire an area of land measuring circa. 18 sq. metres at rear 19 Glenageary Lodge, Glenageary, Co. Dublin as shown outlined in red on Drawing No. PL-09-730. The land is registered in the Land Registry, Co. Dublin to the Council under Freehold Folio 87687F .

The land was acquired for the construction of the Sallyglen Road, Glenageary, Co. Dublin. At the time of the construction of the Sallyglen Road, the Council agreed to transfer the surplus land left over after the completion of the Sallyglen Road Scheme to the residents of Glenageary Park.

The relevant Council Service Departments have no objections to this disposal. It is proposed to dispose of the Freehold Interest in this plot of land to Tom and Helen McGibney of 19 Glenageary Lodge, Glenageary, Co.Dublin.

19

The following terms and conditions apply:-

1. The applicants are responsible for the Council’s legal costs 2. The purchase price shall be €1.00 3. Title to be conveyed shall be Freehold 4. No agreement enforceable at Law is created or is intended to be created until and exchange of contracts has taken place

This proposed disposal was included as an item for consideration at the Dun Laoghaire Area Committee Meeting (Planning, Tansportation and Water & Waste Services) held on Monday 2 nd November 2009.

It is proposed to dispose of the Freehold Title in the area of land measuring circa. 18 sq. metres at the rear of 19 Glenageary Lodge, Glenageary, Co. Dublin, as shown outlined in red on Drawing No PL-09-730, to Tom and Helen McGibney, in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the terms and conditions as aforementioned.

______Owen Keegan, County Manager. Dated 19 day of October 2009.”

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

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

C/538/09 Proposed Disposal of Properties

LD 2214 – Proposed disposal of the Council’s interest in 7 plots of land to St. Columba’s College, College Road, , Dublin 16

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

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN (Dun Laoghaire-Rathdown County Council).

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

LD 2214 Proposed disposal of the Council’s interest in 7 plots of land to St. Columba’s College, College Road, Rathfarnham, Dublin 16.

As part of the Southern Cross Route Motorway Scheme 1991, land was acquired from St. Columba’s College, College Road, Rathfarnham, Dublin 16. As part of the negotiations to acquire land from the College, the Council agreed to transfer certain lands to the College after the completion of the motorway for no consideration. This condition was outlined in term 3 of Manager’s Order No. DEV/27/98. This states:

20 “That the County Council shall transfer to the College the Freehold Interest with vacant possession in that part of the lands currently occupied by the two College houses which are not required for the motorway. (Plot 75a1 and Plot 75A 2 refers). The transfer is to take place no later than the date on which the motorway is open to traffic or the motorway is completed (whichever is the earliest) and, prior to the transfer, the lands are to be cleared and levelled and enclosed by a new stone wall referred to in paragraph 5b.

In addition the Council will landscape and plant new trees on any section of the old College road which will lie between the motorway and the existing College boundary. These lands [lying between chainage 6150 and 6500 approx.] will remain under the control of the County Council”.

The 7 plots of land to be transferred were acquired by the Council as part of the Southern Cross Route Motorway Scheme 1991 under various different acquisitions as follows:

1. Land was acquired by agreement from C.P.K. Ireland Limited as set out in Manager’s Order No. LA/358/90, which approved the acquisition of plot 82a by way of Leasehold Title; and Manager’s Order No. LA/213/90, which approved the acquisition of plot 125a by way of Leasehold Title. Both are registered in the Council’s name under Folio No. 80473L. The Council shall transfer the Leasehold Title in the surplus lands contained in Plots 82a and 125a to St. Columba’s College.

2. Land was acquired from St. Columba’s College as set out in Manager’s Order No. DEV/27/98, which approved the acquisition of plot 78a from the College. Term No.4 of the Manager’s Order states: - “That the County Council shall transfer to the College the Council’s Interest in land comprised in the new eastern drive together with triangular open area where the new drive is to adjoin the existing drive and all the land within the new College boundaries”. This plot is registered in the Council’s name in the Registry of Deeds dated the 22 May 1998 by way of Deed of Assignment.The Council shall transfer the Freehold Title in the surplus land contained in plot 78a to St. Columba’s College.

3. Plot 74a1 was acquired from Derek & Eleanor Taylor prior to the making of the Southern Cross Route Motorway Scheme 1991 and is registered to the Council under Folio No. 11013F . The Council shall transfer the Freehold Title in the surplus land contained in Plot 74a1 to St. Columba’s College.

4. Plots 75a1 and 75a 2 were acquired by the Council prior to the making of the Southern Cross Route. Motorway Scheme 1991 from Messrs Lush and Somerfield and are registered to the Council under Folio No. 177364F. After completion of the Southern Cross Route Motorway Scheme, the surplus lands contained in Plot 75a1 and 75a 2 are contained within the grounds of St. Columba’s College. The Council’s Legal Services Section has agreed to transfer the Freehold Title in the surplus lands contained in Plots 75a1 and 75a 2 to St. Columba’s College.

5. Plot 81a1 was acquired by the Council from Philip Love prior to the making of the Southern Cross Route Motorway Scheme 1991 and is registered to the Council under Folio Nos. 3535 and 3906 . After completion of the Southern Cross Route Motorway Scheme, the surplus area of land contained in Plot 81a1 is now contained within the grounds of St. Columba’s College. The Council’s Legal Services Section has agreed to transfer the Council’s Interest in the surplus land contained in Plot 81a1 to St. Columba’s College.

21

It is proposed to dispose of the Council’s Interest in the 7 plots of land measuring circa. 4,935 sq. metres as shown outlined in red on Drawing No. PL-09- 715, to St. Columba’s College, College Road, Rathfarnham, Dublin 16, for no consideration.

This proposed disposal was tabled and noted at the Dundrum Area Committee Meeting (Planning,Transportation and Water & Waste Section) held on Monday, 28 th October 2009.

It is proposed to dispose of the Council’s Interest in 7 plots of land measuring circa. 4,935 sq. metres at College Road, Rathfarnham, Dublin16, as shown outlined on Drawing No. PL-09- 715, to St. Columba’s, College,College Road, Rathfarnham, Dublin 16 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 15 day of October 2009.”

It was proposed by Councillor J. O’Leary, seconded by Councillor A. Culhane and RESOLVED:

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

C/539/09 Proposed Disposal of Properties

LD 2209 - Proposed disposal of Council's interest in 3 plots of land to Garreth and Maureen McGovern, Harolds Grange Road, Rathfarnham, Dublin 16

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

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

LD 2209 Proposed disposal of Council’s Interest in 3 plots of land to Garreth and Maureen McGovern, Harolds Grange Road, Rathfarnham, Dublin 16.

As part of the Southern Cross Route Motorway Scheme 1991 land was acquired by consent from Garreth and Maureen McGovern, Harolds Grange Road, Rathfarnham, Dublin 16.

Manager’s Order No. DEV/193/98 approved plot A and plot B as outlined on Drawing No. DLR-N-06 be conveyed to the Council by Garreth and Maureen McGovern. Manager’s Order No.DEV/210/98 acquired by Compulsory Purchase Order plot 91a.1 as outlined on Drawing No. LA392/9I from Southern Properties Limited. Plots A and B are registered in Land Registry, Co. Dublin to the Council under Freehold Folio 181810F. Plot 91a.1 is registered in Land Registry, Co. Dublin to the Council under Freehold Folio 147281F.

22

As a condition of acquiring plots A and B from Garreth and Maureen McGovern, the Council agreed to provide a new access from lands acquired in Plot 91a.1 to Garreth and Maureen McGovern. The new access will be from the Ticknock Road to the retained lands in the ownership of Garreth and Maureen McGovern. It was also agreed that on completion of the works on the Southern Cross Route Motorway Scheme, the Council’s title in the access road would transfer to Garreth and Maureen McGovern subject to a right-of-way being granted to the Council to access the Weather Station adjacent to the Motorway.

It was further agreed that as part of acquiring Plots A and B from Garreth and Maureen McGovern, surplus lands left over from Plots A and B would be transferred to Garreth and Maureen McGovern on completion of the works on the Southern Cross Route Motorway Scheme.

It is proposed to dispose of the Council’s Interest in lands measuring circa.3016 sq.metres as outlined in red on Drawing No. PL-09- 693, to Garreth and Maureen McGovern. These lands form the access road to the retained lands in the ownership of Garreth and Maureen McGovern. As part of the agreement Garreth and Maureen McGovern are to grant a right-of-way as highlighted in yellow on Drawing No. PL-09- 693, to the Council to access the Weather Station adjacent to the motorway. A fence to be erected by Garreth and Maureen McGovern to separate Council owned lands and the proposed disposal of lands that incorporates the right -of -way at the Ticknock Road side.

It is further proposed that the Council dispose of the surplus lands left over from Plots A and B measuring circa.1857 sq. metres as outlined in red on Drawing No. PL-09- 693, to Garreth and Maureen McGovern. Garreth and Maureen McGovern to grant to the Council a right-of-way over Plot B as highlighted in yellow on Drawing No. PL-09-693. This proposed disposal was tabled and noted at the Dundrum Area Committee Meeting (Planning, Transportation and Water & Waste Services) held on Monday 28/10/2009.

It is proposed to dispose of the Council’s Interest in the 3 plots of land measuring circa. 4873 sq. metres at Harold’s Grange Road, Rathfarnham, Dublin 16, as shown outlined on Drawing No PL-09- 693, to Garreth and Maureen McGovern in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

______Owen Keegan, County Manager. Dated 15 day of October 2009.”

It was proposed by Councillor J. O’Leary, seconded by Councillor P. Hand and RESOLVED:

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

C/540/09 Proposed Disposal of Properties

Proposed disposal of Affordable Housing units at Harbour View, Crofton Road, Dun Laoghaire, Co Dublin, acquired under Part V of the Planning & Development

23 Acts 2000 – 2002 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 DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

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

“In accordance with Part V of the Planning & Development Acts 2000 – 2002 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. These units will be offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council has previously approved the disposal of five of these properties to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two units to eligible applicants who have qualified for mortgage finance from the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). These units are 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.

The consent of the Council is sought for the disposal of these properties to the eligible applicants listed on the Schedule.

22 nd October 2009 Signed: Charles Mac Namara Director, Housing”

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

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

C/541/09 Proposed Disposal of Properties

Proposed disposal of Affordable Housing units at Mimosa Hall and Levmoss Avenue, The Gallops, , Dublin 18 acquired under Part V of the Planning and Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

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

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Proposed disposal of Affordable Housing units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18 acquired under Part V of the Planning and Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts 2000-2002, the Council acquired 36 units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18, comprising eleven x one bedroom, twenty three x two bedroom and two x three bedroom apartments, from Viscount Securities Limited. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council has previously approved the disposal of ten of these properties to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). These units are being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the units will be available at the meeting.

The consent of the Council is sought for the disposal of these properties to the eligible applicants listed on the Schedule.

22 nd October 2009 Signed: Charles Mac Namara Director, Housing”

It was proposed by Councillor T. Joyce, seconded by Councillor L. McCarthy and RESOLVED:

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

C/542/09 Proposed Disposal of Properties

Proposed disposal of Affordable Housing units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

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

25

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Proposed disposal of Affordable Housing units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2002 the Council have acquired fifty-nine apartments at The Belfry, Enniskerry Road, Stepaside, Dublin 18, consisting of 17 x one-bedroom and 32 x two-bedroom and 10 X three-bedroom apartments, from John Fleming Construction Ltd. These units are being offered to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council has previously approved the disposal of twenty units to applicants obtaining mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). These units are 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.

The consent of the Council is sought for the disposal of these properties to the eligible applicants listed on the Schedule.

22 nd October 2009 Signed: Charles Mac Namara Director, Housing”

It was proposed by Councillor L. McCarthy , seconded by Councillor T. Joyce and RESOLVED:

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

C/543/09 Proposed Disposal of Properties

Proposed disposal of Affordable Housing unit at Wyckham Point, Dundrum, Dublin 16, acquired under Part V of the Planning & Development Acts 2000 – 2002 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 DHUN LAOGHAIRE-RATH AN DÚIN

26 (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Proposed disposal of Affordable Housing unit at Wyckham Point, Dundrum, Dublin 16, acquired under Part V of the Planning & Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2002 the Council entered into an Agreement with Dorville Homes and O’Malley Construction who agreed to provide 70 units for affordable housing at Wyckham Point, Dundrum, Dublin 16. The developer sold 43 of these units, by way of direct sale, to affordable housing nominees of the Council. The remaining twenty-seven units (5 x 1 bedroom 16 x 2 bedroom and 6 x 3-bedroom apartments) have now been acquired by the Council, as agreed, and are being offered for sale to nominated applicants from the Council’s Affordable Housing List.

The Council has previously approved the disposal of nineteen of these properties to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of one unit 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). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

The consent of the Council is sought for the disposal of this property to the eligible applicant listed on the Schedule.

22 nd October 2009 Signed: Charles Mac Namara Director, Housing”

It was proposed by Councillor P. Hand, seconded by Councillor J. O’Leary 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/544/09 Proposed Disposal of Properties

Proposed disposal of Affordable Housing unit at Belarmine Plaza, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2002 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 DHUN LAOGHAIRE-RATH AN DÚIN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

27

Proposed disposal of Affordable Housing unit at Belarmine Plaza, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2002 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts 2000-2002, the Council acquired 38 apartments at Belarmine Plaza, Enniskerry Road, Stepaside, Dublin 18 consisting of 17 x one-bedroom, 19 x two-bedroom and 2 x three-bedroom units from Castlethorn Construction Ltd. These units will be offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council has previously approved the disposal of twelve of these properties to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of a further 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). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

The consent of the Council is sought for the disposal of this property to the eligible applicant listed on the Schedule.

22 nd October 2009 Signed: Charles Mac Namara Director, Housing”

It was proposed by Councillor L. McCarthy , seconded by Councillor T. Joyce 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/545/09 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

Proposed Development: Revisions to previously approved Part 8 Ref. No. PC/01/06, the demolition of maisonettes 35-40, 41-49, 50-55, 56-70, 71-85, 86-94, 95-106, at Fitzgerald Park and 71-84 Mounttown and construction of a new three storey community facility building including crèche and administration facilities and associated site development works at Meadowlands / Fitzgerald Park, Mounttown, Dún Laoghaire, Co. Dublin

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

“PC/09/09 In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009, the Council gave notice of the proposed development in the Irish Times on Wednesday 2nd September 2009. Plans and particulars of the proposed development were available for inspection from Wednesday 2nd September 2009 up to and including

28 Wednesday 14 th October 2009 at the Planning Department, County Hall, Marine Road, Dún Laoghaire between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Wednesday 28 th October 2009.

NATURE AND EXTENT OF THE PROPOSED DEVELOPMENT:

• The proposed development includes revisions to previously approved development at this location (PC/01/06 refers). The revisions are as follows:

• Provision of a car park for 18 cars to the north west of the resource centre,

• Provision of an access road to the car park and amendments to previously approved access road,

• Provision of boundary walls / railings to car park, alterations to previously approved boundary walls.

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

The site is zoned ‘A’ in the Dún Laoghaire Rathdown County Development Plan 2004 – 2010, this zoning objective is ‘To protect and improve residential amenity’

Community facilities are ‘open for consideration’ within this land use zoning.

There is a specific local objective to provide a resource centre at this location and the resource centre is in an advanced stage of construction.

It is considered that the proposed amendments are minor in nature and are in keeping with the previously permitted development.

There are no objections from either the Transportation Department or the Environmental Services Department.

LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS: No Submissions were received.

RECOMMENDATION: Having regard to the zoning of the site and other provisions of the County Development Plan 2004-2010, the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development in accordance with the drawings 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.

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

“That the report of the Manager be AGREED .”

29

C/546/09 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.

Proposed Development: Improvements to recreational facilities at Hyde Road, , Co. Dublin to include; the installation of sports floodlighting to existing Gaelic pitch, installation of ball-stop netting behind the goal mouths of the Gaelic pitch; the construction of underground flood attenuation chambers at the northern and eastern edge of the open space; the provision of Multi Use Games Area (MUGA) to the front of the open space; New pedestrian entrances and realignment of the existing vehicular entrance at Hyde Road; the installation of children’s play units to the front of the open space and the installation of seating and cycle parking within the open space.

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

“PC/02/09 In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009 the Council gave notice of the proposed development in the Irish Times on Monday 9th March 2009. Plans and particulars of the proposed development were available for inspection from Monday 9 th March 2009 up to and including Monday 27 th April 2009 at the Planning Department, County Hall, Marine Road, Dún Laoghaire between 10.00am and 4.00pm and at the Council Offices Dundrum Office Park, Dundrum between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Monday 11 th May 2009.

NATURE AND EXTENT OF THE PROPOSED DEVELOPMENT: The subject site comprises a public park and sports ground. The site currently accommodates two playing pitches, one soccer pitch located to the east and one Gaelic pitch located to the west together with changing rooms located to the southeastern portion of the site.

It is proposed to enhance and improve existing recreational facilities at Hyde Road, Dalkey. The proposed scheme will involve the following;

Installation of sports floodlighting to existing Gaelic pitch The existing Gaelic football pitch is located to the west (rear) of the site and is bounded by the rear gardens associated with 89-106 St. Begnet’s Villas (south), 5-12 Gosworth Park (west) 39 Castlepark Road and 26-32 Hyde Park (north).

It is proposed to provide 6 no. 21 metre high-galvanised steel lighting columns, which will be set into concrete bases at ground level. Three lighting columns will be located at each side of the pitch at 54 metre spacings. In the interest of players safety, the lighting columns will be erected at a distance of 5 meters from the pitch playing lines.

Four of the six lighting columns (H1, H3, H4, H6) will be fitted with eleven 1500 W Metal Halide lanterns and the two remaining centrally located columns (H2 and H5) will be fitted with ten Metal Halide lanterns resulting in total power output of 96 Kilowatts and floodlit to 500 LUX constant illumination, which is the minimum requirement for the playing of club level Hurling and Football GAA sports.

30 LUX is a measure of illumination weighted to the spectral sensitivity of the human eye. It is defined as 1 lux = 1 lumen/square metre. Lux is a measure of light intensity. Roughly speaking, one lux corresponds to the light intensity produced by one candle at a distance of one metre.

The scheme has been designed to ensure that maximum LUX levels are achieved on the playing pitches with minimum spill and glare to adjoining property and roads. In this regard, the scheme has been designed to prevent nuisance and to keep light pollution (glare, overspill and upward light) of adjacent property to a minimum.

The height of the lighting columns (21 metres) was an important contributory factor leading to reduced LUX levels outside the cone of light required at night. In addition, the Metal Halide floodlighting luminaries at the top of each column will consist of ultra low glare of flat glass construction and are further shielded by louver fitting/baffle together with a galvanized protective covering.

The areas to be considered as ‘sensitive’ in the design and photometric modeling of the site are the rear boundaries of the private residences of 89-106 St. Begnet’s Villas (south), 5-12 Gosworth Park (west) 39 Castlepark Road and 26-32 Hyde Park (north). Although the height of the poles envisaged for the GAA pitch have reduced light spill on adjoining property, it is envisaged that light spill/lamination levels will reach, Lux 1 – 2 at the rear walls of 89-106 St. Begnet’s Villas, Lux 1 – 5 at the rear walls of 5 –12 Gosworth, Lux 0 – 1 at the rear wall of 39 Castlepark Road and Lux 0 – 1 at the rear walls of 26-32 Hyde Park.

Installation of ball-stop netting behind the goal mouths of the Gaelic pitch It is proposed to provide ball-stop netting (13 metres high) behind the goals at both ends of the Gaelic pitch. Three timber posts will be installed with a spacing of 15 metres, resulting in an overall span of 45 metres behind each goal. To prevent tampering and vandalism, permanent ball-stop netting with a 50mm x 50mm mesh size and a total height of 10.5 metres, will be hung 2.5 metres from ground level. The remaining 2.5 metres of ball-stop netting will consist of re-tractable netting, which will be housed in two boxes fixed to the central post. During football matches these boxes can be opened and the ball-stop netting extended across the 45 meter span.

Construction of underground flood attenuation chambers at the northern and eastern edge of the open space As part of the scheme it is proposed to provide underground flood attenuation chambers along the northern and eastern edges of the site. It is indicated that proposed surface water drainage proposals have been designed in accordance with the Greater Dublin Strategic Drainage Study and that the system will have capacity for full attenuation of a 1 in 100 year storm event.

Provision of Multi Use Games Area (MUGA) to the front of the open space The scheme also proposes to provide an all weather, synthetic surfaced, multi use games area (MUGA). The MUGA will consist of an Astroturf playing surface. It will measure 42 metres in length and 21 metres in width and will be flood lit with 6 no. 8 metre high lighting columns that will each be fitted with 2 AM5011/ HQI-T 400/N Themis Luminaries. The proposed MUGA will be enclosed with welded mesh fencing that will be 3 metres in height. It is indicated that MUGA will be made available, at favourable rates, to members of Dalkey United football club, other local teams and clubs, local schools, and members of the public who book the facility. The intended hours of operation of the MUGA are from 9 am to 10 pm Monday to Sunday.

New Pedestrian entrances and realignment of the existing vehicular entrance at Hyde Road

31 It is proposed that the existing vehicular entrance fronting Hyde Road will be realigned and moved 4 metres north of its current position. The realignment of the existing vehicular entrance will improve sightlines for exiting vehicles and reduce possible conflicts with pedestrians. It is also proposed to provide additional pedestrian entrances to and adjacent to CUALA GAA’s clubhouse and to maintain an existing pedestrian entrance to the north of the site. It is envisaged that the additional pedestrian entrances will improve pedestrian circulation and reinforce the concept that the open space is intended for public use.

Installation of children’s play units to the front of the open space and the installation of seating and cycle parking within the open space A children’s play area, circa 480-sq.m in area, is proposed at the north-eastern portion of the site and next to the proposed MUGA playing areas. Existing steel railings will segregate the proposed playing area from Hyde Road and the remainder of the playing area will be surrounded by welded mesh fencing similar to the MUGA and with an overall height of 1.4 metres. It is indicated that the proposed playing area will be fitted with coloured tar-macadam and rubber shock absorbing surfaces together with robust and highly coloured playing equipment. The proposed play area will be open permanently to members of the public.

The scheme intends to improve the general amenities associated with this open space area by providing additional seating throughout the park, by providing additional cycle racks to the front and through the planting of nine specimen trees (Crab-apple trees) along the boundary fronting Hyde Road.

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

The site of the proposed works to improve existing recreational facilities at the public park and sports grounds at Hyde Road, Dalkey is zoned “F” in the 2004 Dun Laoghaire Rathdown County Development Plan with the zoning objective: “To preserve and provide for open space and recreational amenities”.

It is considered that the works to improve existing recreational facilities at the public park and sports grounds falls into the category of Community facilities, which are Permitted in Principle within the zoning objective “To preserve and provide for open space and recreational amenities”. Therefore, the proposed development accords with this zoning objective.

It is considered that the principle of the proposed development is in accordance with the proper planning and sustainable development of the area.

DEPARTMENTAL REPORTS:

Environmental Services Department: In a report dated 05/02/2009 the Senior Executive Engineer of the Drainage Design, Water Services Section raised no objection to the proposal.

Transportation Department: In a report dated 09/02/2009 the Senior Roads Engineer raised no objection to the proposal.

LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS: In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009 the Council gave notice of the proposed development in the Irish Times on Monday 9th March 2009 and indicated that submissions would be accepted up to and including 17 th May 2009. A total of four hundred and twenty two (422) submissions were received in relation to this proposal. However, sixty one (61) submissions were received prior to

32 the advertisement of the scheme on 9 th March. Three hundred and fifteen (315) submissions were received within the statutory period and forty-six (46) submissions were received after 17 th May 2009. It is noted that a number of submissions received within the statutory period were dated April 2008.

Pre-advertisement

1. Ms. Margaret McDonagh, Knockanure, Saintbury Ave, , Co. Dublin. 2. Michael & Siobhan Fenlon, 38 Dundela Avenue, , Co. Dublin. 3. Mr. John McCan & Family, 93 Inagh Court, Killiney, Co. Dublin. 4. Ms. Fiona O’Higgins, Red Cottage, Killiney, Co. Dublin. 5. Ms. Norma Sexton, 6 Cloister Park, Blackrock, Co. Dublin. 6. Fiona & Ronan Doherty, 24 Arnold Park, Glenageary, Co. Dublin. 7. Ms. Joyce Richardson, 13 Sandycove Avenue East, Sandycove, Co. Dublin. 8. Mr. Paul Kirwan, 14 Hillcourt Road, Glenageary, Co. Dublin. 9. Mr. John Wilson, 29 Hillcourt Road, Glenageary, Co. Dublin. 10. Aidan & Julie Marsh, 97 Tritonville Road, , Dublin 4. 11. Mr. Gerard Casey, Knock Cree, Killiney Road, Killiney, Co. Dublin. 12. Liz and Martin de Moye-Curtis, 25 Watson Drive, Killiney, Co. Dublin. 13. Ms. Jennifer Drummond, 38 Sandycove Road, Sandycove, Co. Dublin. 14. Ms. Carol Gibney, 19 Bayview Court, Killiney, Co. Dublin. 15. Ms. Geralyn Hartnett, 108 Johnstown Ave, Dún Laoghaire, Co. Dublin. 16. Paul & Linda McCarthy, Sunnyside, Seafield Avenue, Monkstown, Co. Dublin. 17. Mr. Damien Byrne, 175 Pearse Road, , Co. Dublin. 18. Mr. Peter A. Murphy & Annette Vella, 18 Flower Grove, Glenageary, Co. Dublin. 19. [email protected] 20. Kristi O’Sullivan, Heather House, Torca Road, Dalkey, Co. Dublin. 21. Mr Garret Ramsay, 25 Hillcourt Road, Glenageary, Co. Dublin 22. Mr. Garrett Gill, 19 Sion Road, Glenageary, Co. Dublin. 23. Ms. Orla Fitzgerald, 7 Firgrove, Military Road, Killiney, Co. Dublin. 24. Ms. Jackie Coote, 10 Spencer Villas, Glenageary, Co. Dublin. 25. Ms. Sharon Bagnall, 29 Doonamana Road, Cabinteely, Dublin 18. 26. Ms. Frances Coote, 10 Spencer Villas, Glenageary, Co. Dublin. 27. Ms. Nancy Hamilton, C/o The Owl House, The Village Gate, Dalkey, Co. Dublin. 28. Ms. Nicola Roe, 2 Church Place, Sallynoggin, Co. Dublin. 29. Ms. Sue Davidson, Apartment 4, Rathdown Hall, Glenageary, Co. Dublin. 30. Ms. Hilary McCabe, Select Stores, Dalkey, Co. Dublin. 31. Ms. Deborah McCann, 68 Springhill Park, Killiney, Co. Dublin. 32. Ms. Kirsti O’Sullivan, Heather House, Torca Road, Dalkey, Co. Dublin. 33. Thomas & Aisling Carthy, “Coolmanagh” 81 Colimore Road, Dalkey, Co. Dublin 34. Patrick & Audrie Purcell, Victoria Lodge, Victoria Road, Killiney, Co. Dublin. 35. Liz and Patrick Hall, 26 Bellevue Avenue, Glenageary, Co. Dublin. 36. Mr. Don Harrington, 10 Claremont Villas, Glenageary, Co. Dublin. 37. Ms. Rachel Pope, 37 Ulverton Road, Dalkey, Co. Dublin. 38. Ms. Elaine Lyons, 228 Upper Glenageary Road, Glenageary, Co. Dublin. 39. Ms. Maeve Gaffney, 129 Hillside, Dalkey, Co. Dublin. 40. Ms. Joanne Morrissey, 11 Dundela Avenue, Sandycove, Co. Dublin. 41. The Occupant, 45 Fosterbrook, Road, , Co. Dublin. 42. Mr. Richard Mully, 2 Bayswater Terrace, Sandycove, Co. Dublin. 43. Ms. Sarah Dillon, 8 Sion Road, Glenageary, Co. Dublin. 44. Ms. E. Smyth, C/o 54 Hillside, Dalkey, Co. Dublin. 45. Ms. Jackie Sexton, Wayside, Holmston Avenue, Dún Laoghaire, Co. Dublin. 46. Ms. Barbera Schmidt, 2 Rockville Road, Blackrock, Co. Dublin. 47. Mr. John A . Smyth, 1A Stoneview Place, Dún Laoghaire, Co. Dublin. 48. Ms. Natalie Mully, 2 Bayswater Terrace, Sandycove, Co. Dublin. 49. Ms. Orla Halpin, 36 Springhill Park, Killiney, Co. Dublin. 50. Marie & Declan Lyons, 104 Colimore Road, Dalkey, Co. Dublin. 51. Address Not Given 52. Ms. S. McGinn, Trafalgar House, York Road, Monkstown, Co. Dublin. 53. Ms. Sandra Ogrin, 8 Clifton Terrace, Monkstown, Co. Dublin. 54. Ms. Tracy Kearns, The Moorings, Marine Parade, Sandycove, Co. Dublin. 55. Brian & Jean Fitzpatrick, Grosvenor Lodge, Pakenham Road, Monkstown, Co. Dublin. 56. Jacinta, 11 Barnhill Grove, Dalkey, Co. Dublin. 57. Ms. Mary O’Connell, 8 The Lodge, Glenageary Road Lower, Co. Dublin. 58. Jamie Aherne, 78 Watson Drive, Killiney, Co. Dublin. 59. E. Reed, C/o 54 Hillside, Dalkey, Co. Dublin. 60. Ms. Gráinne Uí Lúing, 32 Glenbourne Close, Valley, D. 18. 61. Ms. Niamh O’Connor, 5 Glandore Park, Monkstown, Co. Dublin.

33 Post-advertisement 62. Mr. Niall Mulqueen, 49 Silchester Park, Glenageary, Co. Dublin. 63. Mr. Rory McCabe, 6 Breffni Terrace, Sandycove, Co. Dublin. 64. Ms. Mary Meagher, 2 Maretimo Gardens West, Blackrock, Co. Dublin. 65. Mr. Dermot Martin, 34 St. Fintan’s Villas, , Co. Dublin. 66. Mr. Daragh Bass, 4 Glenageary Lodge, Glenageary, Co. Dublin. 67. Ms. Mary Lundy Bass, 4 Glenageary Lodge, Glenageary, Co. Dublin. 68. Mr. Jack J Fitzgerald, 27 Hyde Park, Dalkey, Co. Dublin. 69. Sue & Tony Dunwoody, 7 Doonsalla Park, Off Granville Road, Dún Laoghaire, Co. Dublin. 70. The Nash Family, 26 Belgrove Square, Monkstown, Co. Dublin. 71. Ms. Eithne Thompson, 60 Pearse Park, Sallynoggin, Co. Dublin. 72. Senator Eugene Regan, Seanad Spokesperson on Justice, Equality and Law Reform, Dun Laoghaire Constituency, Brighton Lodge, Brighton Avenue, Monkstown, Co. Dublin. 73. Mr. Niall & Ms. Fiona Mulvihill, 42 Belgrave Square West, Monkstown, Co. Dublin. 74. Mr. Niall Malone, 13 Seafield Court, Killiney, Co. Dublin. 75. Mr. Peter & Mary Dunne, 8 Woodley Road, Dún Laoghaire, Co. Dublin. 76. Mr. Derek Dunne, 136 Hillside, Dalkey, Co. Dublin. 77. Gary & Joanne Morrissey, 11 Dundela Ave, Sandycove, Co. Dublin. 78. Mrs. E. B. Norton, 86 Avenue, Foxrock, Dublin 18. 79. Mr. Áine Ní Neachtáin, 86 Foxrock Avenue, Foxrock, Dublin 18. 80. Mr. Ian Slattery, 9 Sandycove Avenue East, Sandycove, Co. Dublin. 81. Ms. Celestine Byrne, 70 Springhill Park, Killiney, Co. Dublin. 82. Mr. Donal Murphy, 78 Windsor Drive, Monkstown, Co. Dublin. 83. Ms. Barbera O’Reilly, 78 Windsor Drive, Monkstown, Co. Dublin. 84. Ms. Sheila O’Toole & Mr. Eoin Maguire, Carrigallen, Saval Park Road, Dalkey, Co. Dublin. 85. Mr. Colm & Madeleine Ó Floinn, 28 Hillside, Dalkey, Co. Dublin. 86. Mr. Michael Sullivan, 16 Leopardstown Grove, Blackrock, Co. Dublin. 87. Mr. Eoghan Mac Aodhagáin, Dublin Ladies Football, c/o Parnell Park, Donnycarney, Dublin 5. 88. Mr. Eugene Egan, 131 Dorney Court, Shankill, Co. Dublin. 89. Mr. Damien Byrne, 175 Pearse Road, Sallynoggin, Co. Dublin. 90. Ms. Linda Farren, 9 Albany Court, Killiney, Co. Dublin. 91. Mr. Brian Duggan, 28 Claremont Park, Sandymount, Dublin 4. 92. Mr. Pádraig Ó Feinneadha, 23 Ardán Longphort, Baile na Manach, Co. Ath Cliath. 93. Mr.Fintan Buckley, 15 Belgrave Road, Monkstown, Co. Dublin. 94. Colmán Ó Drisceoil, Scoil Lorcáin, Cearnóg Eaton, An Charraig Dhubh, Co. Bhaile Átha Cliath. 95. Mr. Dermot H. Reidy, 12A Woodlands Drive, Dún Laoghaire, Co. Dublin. 96. Mr. Brian Grant, 34 Meadowvale, Blackrock, Co. Dublin. 97. Arthur & Maria Doran, 13 Church Road, Dalkey, Co. Dublin. 98. Ms. Margaret Schutte, 50 Thomastown Road, Dún Laoghaire, Co. Dublin. 99. Ms. Emma Schutte, 50 Thomastown Road, Dún Laoghaire, Co. Dublin. 100.Mr. Karl Schutte, 50 Thomastown Road, Dún Laoghaire, Co. Dublin. 101.Ms. Jaqueline Markey, 48 Watson Avenue, Killiney, Co. Dublin. 102.Mr. Michael Duffy, 4 Barnhill Avenue, Dalkey, Co. Dublin. 103.Ms. Grainne Higgins, 22 Beechwood Park, Dún Laoghaire, Co. Dublin. 104.Cillian & Geraldine O’Farrell, 41 Monaloe Park Rd, Blackrock, Co. Dublin. 105.Ms. Cliona Murphy, 42 Glenageary Woods, Dún Laoghaire, Co. Dublin 106.Fiona & Adrian McGennis, St. Judes, Crosthwaite Park West, Dún Laoghaire, Co. Dublin. 107.Mr. Ronan Kelly, 10 Granville Road, Cabinteely, Co. Dublin. 108.Mr. W. Holohan, 8 The Glen, Glenageary, Co. Dublin. 109.James Gormley, 3 Sorrento terrace, Dalkey, Co. Dublin. 110.Noreen McGowan, 67 Hazelwood, Shankill, Co. Dublin. 111.Ms. Aveen Kelly, 10 Granville Road, Cabinteely, Dublin 18. 112.Mr. Brian Mullally, 62 Seafield Court, Killiney, Co. Dublin. 113.Mr. Albert Carolori, 17 Deansgrange Road. Blackrock, Co. Dublin. 114.Ms. Michelle Parker, 50 Foxrock Avenue, Dublin 18. 115.Lewis Purser, 2 Strand Road, Killiney, Co. Dublin. 116.Mr. Tim O’Mahony, 15 Bayview Rise, Killiney, Co. Dublin. 117.Mr. Stephen Connolly, 10 Oakdene, Ballinclea Road, Killiney, Co. Dublin. 118.Ms. Elaine Nolan, 19 Watson Avenue, Killiney, Co. Dublin. 119.Mr. Padraig O’Feinneadha, 23 Ardán Longphort, Baile na Manach, Co. Ath Cliath. 120.Ms. Louise O’Kelly, 34 St. Fintan’s Villas, Deansgrange, Co. Dublin. 121.Mr. Niall Bourke, 38 Knocknacree Park, Dalkey, Co. Dublin. 122.Mr. Christy Brennan, 14 Tubbermore Road, Dalkey, Co. Dublin. 123.Mr. Sean O’Braonáin, 77A Wyattville Park, Loughlinstown, Co. Dublin. 124.Ms. Mandy Mulligan, 57 O’Rourke Park, Sallynoggin, Co. Dublin. 125.Ms. Aisling Carthy, ‘Coolmenagh’, 81 Colimore Road, Dalkey, Co. Dublin. 126.Ms. Siobhan Kelly, 7 Monkstown Road, Monkstown, Co. Dublin. 127.Ms. Ciara McCarthy, Hinba, Dalkey Avenue, Dalkey, Co. Dublin. 128.Ms. Aideen Saunders, 84 Silchester park, Glenageary, Co. Dublin. 129.Ms. Anne Mynes, 22 Silchester Park, Glenageary, Co. Dublin. 130.B. Donnelly, 43 Seapoint Avenue, Monkstown, Co. Dublin.

34 131.Mr. Brian Murphy, Tulybraden, 55 Hyde Road, Dalkey, Co. Dublin. 132.McConnell family, 8 Grangewood Court, Dun Laoghaire, Co. Dublin. 133.Francisco Drohan, 36 Meadow Vale, Clonkeen Road, Blackrock, Co. Dublin. 134.Ms. Karen Byrne, 17 Northcote Avenue, Dún Laoghaire, Co. Dublin 135.Mr. John Tobin, 8 Eaton Place, Monkstown, Co. Dublin. 136.Laurence Wolahan, 7 Rockville Park, Blackrock, Co. Dublin. 137.Mr. Davin Roche, 33 Rosmeen Park, Dún Laoghaire, Co. Dublin. 138.Mr. Paul Keely, 2 Tubbermore Road, Dalkey, Co. Dublin. 139.Ms. Bernadette Parte, 1 Maretimo Road, Blackrock, Co. Dublin. 140.Ms. Louise Maloney, 17 Glenageary Road Lower, Glenageary, Co. Dublin. 141.Garbha Ní Nuailláin, 5 The Glen, Lwr Glenageary Rd, Glenageary, Co. Dublin. 142.Ms. Faye Breen, 39 Rockford Manor, Stradbrook Rd, Blackrock, Co. Dublin. 143.Mr. Philip Franklin, 16 Villarea Park, Glenageary, Co. Dublin. 144.Louise & Charlie Watson, 11 Abbey Court, Monkstown, Co. Dublin. 145.Mr. Barry Cullen, 9 Sandycove Avenue West, Sandycove, Co. Dublin. 146.Ms. Deirdre Breathnach, 44 Lower Albert Road, Glenageary, Co. Dublin. 147.Mr. Simon Garavey, 30 Myrtle Park, Dún Laoghaire, Co. Dublin. 148.Mr. John Wilson, 29 Hillcourt Road, Glenageary, Co. Dublin. 149.Mr. Simon Turley, 16 Wyvern, Killiney, Co. Dublin. 150.Ms. N. Hudson, 1 Bayview Crescent, Killiney, Co. Dublin. 151.Ms Sandra Thorpe, 1 Castlelands, Hyde Road, Dalkey, Co. Dublin. 152.Mr. Aidan Fagan, 10 Ashton Park, Monkstown, Co. Dublin. 153.Mr. , 50 Mapas Road, Dalkey, Co. Dublin. 154.Ms. Debbie Flanagan, 10 The Elms, Crinken Glen, Shankill, Co. Dublin. 155.Ms. Margaret Flanagan, 10 Crinken Glen, Shankill, Co. Dublin. 156.L. Wolahan, 1 Rockville Park, Blackrock, Co. Dublin. 157.Mr. Gary Clarke, 28 Oakdene, Killiney, Co. Dublin. 158.Ms. Leona Gaffney, Taobh Trá, Kilmore Avenue, Killiney, Co. Dublin. 159.Mr. Hugh McCann, 69 St. Begnet’s Villas, Dalkey, Co. Dublin. 160.Cor Ruigrok, 9 Albany Court, Killiney, Co. Dublin. 161.Mr. Karl Lawless, 17 Convent Road, Dalkey, Co. Dublin. 162.The occupant, 3 Leslie Avenue, Dalkey, Co. Dublin. 163.Ms. Marie Mynes, 22 Silchester Park, Glenageary, Co. Dublin. 164.Mr. Niall Malone, 13 Eaton Brae, Shankill, Co. Dublin. 165.Mr. Jerry Gallagher, 88 Seafield Court, Killiney, Co. Dublin. 166.Ms. Julie Power, 4 St. Paul’s Terrace, , Co. Dublin. 167.Mr. Kevin Mynes, 22 Silchester Park, Glenageary, Co. Dublin. 168.Linda & Paul McCarthy, Sunnyside, Seafield Ave, Monkstown, Co. Dublin. 169.Ms. Derina O’Connor, 48 Mapas Road, Dalkey, Co. Dublin. 170.Name and Address unclear 171.Mr. Noel Dunne, 1 Desmond Cottages, Dalkey Hill, Dalkey, Co. Dublin. 172.Mr. John Morrissey, 180 Corbawn Wood, Shankill, Co. Dublin. 173.Ms. Cathryn Towsan, 102 Ballinclea Heights, Killiney, Co. Dublin. 174.Ms. Susan O’Toole, 9 Gleann Na Smol, Stradbrook Rd, Blackrock, Co. Dublin. 175.Mr. D. Uí Raghallaigh, 6 Mapas Road, Dalkey, Co. Dublin. 176.Ms. Niamh Murphy, 9 Willow Court, Druid valley, Cabinteely, Dublin 18. 177.Mr. Denis Parker, 50 Foxrock Avenue, Foxrock, Dublin 18. 178.Mr. Patrick Fitzgerald, 21 Ralahine, , Co. Dublin. 179.Mr. Paul Groarke, 58 Monkstown Road, Monkstown, Co. Dublin. 180.Mr. Tiernan McCarthy, Lismoyle, Stradbrook Road, Blackrock, Co. Dublin. 181.Ms. Darina Heavey, 48 Sorrento Road, Dalkey, Co. Dublin. 182.Mr. Colm O’Donnell, 44 Lower Albert Road, Sandycove, Co. Dublin. 183.Mr. Rob Thomas, 106 Colimore Road, Dalkey, Co. Dublin. 184.Mr. Dara Totterdell, 2 Sharavogue, Glenageary, Co. Dublin. 185.Mr. Pat Greene, 126 Hillside, Dalkey, Co. Dublin. 186.Nick ?, 57 Wyvern, Killiney, Co. Dublin. 187.Mr. David O’Sullivan, 114 Silchester Park, Glenageary, Co. Dublin. 188.Mr. Diarmuid Saunders, 84 Silchester Road, Glenageary, Co. Dublin. 189.Ms. Julia McEvoy, 185 Ballinclea Heights, Killiney, Co. Dublin. 190.Ms. Olwyn Dunne, 17 Villerea Park, Glenageary, Co. Dublin. 191.Mr. David Prior, 23 Hyde Park, Dalkey, Co. Dublin. 192.J Thompson, Hollytree Cottage, Clonkeen Road, Blackrock, Co. Dublin. 193.Hillart Thompson, 33 Hillcourt Park, Glenageary, Co. Dublin. 194.Mr. Michael Collopy, 16 Knocknacree Park, Dalkey, Co. Dublin. 195.John & Clodagh Doherty, 44 Shrewsbury Road, Shankill, Dublin 18. 196.Mr. Alan Warren, 38 Glenageary Lodge, Glenageary, Co. Dublin. 197.Mr. Maurice Basquille, 31 Park Road, Glenageary Heights, Glenageary, Co. Dublin. 198.Mr. Declan Magee, 95 Silchester Park, Glenageary, Co. Dublin. 199.Kazi Ushioda, 92 Avondale Road, Killiney, Co. Dublin. 200.Mr. Barry Homan, 92 Beechwood Lawn, Dun Laoghaire, Co. Dublin 201.Mrs. Doris Burrell, 31 Hyde Park, Dalkey, Co. Dublin.

35 202.Mr. B. O’Brien, Silchester Road, Glenageary, Co. Dublin. 203.Mr. Patrick Dempsey, 15 Saval Park Gardens, Dalkey, Co. Dublin. 204.Mr. Paul Rellis, 2 Killiney Gate, Church Road, Killiney, Co. Dublin. 205.Mr. David Johnson, 9 Park Hall, Mt. St. Annes, Milltown, Dublin 6. 206.Mr. Paul Abeton, 47 Foxrock Avenue, Foxrock, Dublin 18. 207.Mr. Ryle Nugent, 217 New vale, Shankill, Co. Dublin. 208.Mr. George Brady, 36 Hillcourt Park, Glenageary, Co. Dublin. 209.Mr. John Jennings, 73 Silchester Park, Glenageary, Co. Dublin. 210.Mr. Donal Hennessy, 51 Wood Stock, Kilcoole, Co. Wicklow. 211.Mr. Padraig Kenny, 17 Auburn Drive, Killiney, Co. Dublin. 212.Mr. Vincent Smith, 150 Stepaside park, Stepaside, Dublin 18. 213.Mr. John Hoade, 6 Wanford Close, Killiney Road, Killiney, Co. Dublin. 214.Mr. Paul Brennan, 77A Wyattville Park, Loughlinstown, Co. Dublin. 215.Mr. Keith Nevin(?), 11 Arnold Park, Glenageary, Co. Dublin. 216.Ms. Fiona Fleming, 5 Broomfield Court, Shankill, Co. Dublin. 217.Ms. Anne Twomey, 2 Bayview Court, Killiney, Co. Dublin. 218.Name and address illegible 219.Annie & Padraic Doherty, ‘Fermoyle’, Ardeevin Road, Dalkey, Co. Dublin. 220.Mr. Liam Dingle, Hawthorn Cottage, Lower Road, Shankill, Co. Dublin. 221.Mr. Matthew Noone, 2 Hudson Park, Sandycove, Co. Dublin. 222.Ms. Patricia O’Mahony, 15 bayview rise, Killiney, Co. Dublin. 223.Ms. Deirdre Flood, Lismoyle, Stradbrook Road, Blackrock, Co. Dublin. 224.Mr. Tiernan McCarthy, Lismoyle, Stradbrook Road, Blackrock, Co. Dublin. 225.Mr. Micheal Ó’Drisceal, 14 Beechwood Park, Dun Laoghaire, Co. Dublin. 226.Mr. Maurice O’Connell, 44 Avondale Road, Killiney, Co. Dublin. 227.Ms. Amanda McNamara, 13 Rose Hill, Wicklow. 228.Mr. Pat McCarthy, 44 Sandycove Road, Sandycove, Co. Dublin. 229.Mr. Gerard Lee, 30 Arnold Grove, Glenageary, Co. Dublin. 230.Mr. Colin Behan, 39 Watson Avenue, Killiney, Co. Dublin. 231.Séamas & Louise Kelly, 33 Hazelwood, Shankill, Co. Dublin. 232.Ms. Laura Spillane, 52 York Road, Dun Laoghaire, Co. Dublin. 233.The Occupant, 171A Foxrock Close, Foxrock, Co. Dublin. 234.Mr. Garratt Wolohan, 17 Deansgrange Road, Blackrock, Co. Dublin. 235.Ms. Mags Wolahan, Hanalow, 17 Deansgrange Road, Blackrock, Co. Dublin. 236.Mr. David Bourke, 37 Knocknacree Park, Dalkey, Co. Dublin. 237.Ms. Catherine Watters, 31 Clarinda Park East, Dún Laoghaire, Co. Dublin. 238.Mr. Jim Brindley, 31 Clarinda Park East, Dún Laoghaire, Co. Dublin. 239.Mr. Jeremy Towns, 100 Ballinclea Heights, Killiney, Co. Dublin. 240.Mr. Enda Roche, 24 Brighton Hall, Foxrock, Dublin 18. 241.Mr. Eugene O’Sullivan, 67 Hillcourt Road, Glenageary, Co. Dublin. 242.Mr. Robert Greene, 92 St. Patrick’s Crescent, Monkstown Farm, Monkstown, Co. Dublin. 243.Mr. Brian Grant, 34 Meadowvale, Blackrock, Co. Dublin. 244.Ms. Ann M. Doyle, 39 Hyde Park, Dalkey, Co. Dublin. 245.Mr. Denis J. O’Sullivan, “St. John’s”, Hyde Road, Dalkey, Co. Dublin. 246.Mr. Michael Duffy, 4 Barnhill Avenue, Dalkey, Co. Dublin. 247.Mr. James Keogh, 73 Hyde Road, Dalkey, Co. Dublin. 248.Frank & Geraldine Macken, 11 Castlelands, Hyde Rd, Dalkey, Co. Dublin. 249.Ms. Angela Bennett, 16 Castlelands, Hyde Road, Dalkey, Co. Dublin. 250.Ms. Maeve O’Connor, 30 Hyde Park, Dalkey, Co. Dublin. 251.Ms. Margaret Quirk, 32 Hyde Park, Dalkey, Co. Dublin. 252.Ms. Catherine Murray, 34 Hyde Park, Dalkey, Co. Dublin. 253.Ms. Mary Roberts, 33 Hyde Park, Dalkey, Co. Dublin. 254.Ms. Coral Hillary, 47 Hyde Road, Dalkey, Co. Dublin. 255.David & Bairbre Gould, 13 Hyde Park, Dalkey, Co. Dublin. 256.Ms. Claire Gould, 13 Hyde Park, Dalkey, Co. Dublin. 257.Ms. Christine Hughes, Raglan House, Hyde Park, Dalkey, Co. Dublin. 258.Mr. Philip Cathcart, Barrister, 28 Hyde Park, Dalkey, Co. Dublin. 259.Kim Unger, “St. Catherine’s”, 1 Hyde Park, Dalkey, Co. Dublin. 260.Mr. J.C. Pemberton, 17 Hyde Park, Dalkey, Co. Dublin. 261.Councillor Jane Dillon Byrne, Silchester House, Silchester Rd, Glenageary, Co. Dublin. 262.Ms. Anne O’Dwyer, 38 Hyde Park, Dalkey, Co. Dublin. 263.Senator Eugene Regan, Fine Gael Seanad Spokesperson on Justice, Equality and Law Reform, Brighton Lodge, Brighton Avenue, Monkstown, Co. Dublin. 264.David & Jackie Cassidy, 45 Hyde Road, Dalkey, Co. Dublin. 265.Ms. Naomi Shipley, 9 Castlelands, Hyde Road, Dalkey, Co. Dublin. 266.Susan & Patrick McCarthy, 43 Hyde Park, Dalkey, Co. Dublin. 267.Ms. Mary Healy, 44 Hyde Park Road, Dalkey, Co. Dublin. 268.Mr. Rowland Healy, 41 Hyde Park Road, Dalkey, Co. Dublin. 269.Patrick & Andrea O’Connor, Reult na Mara, 63 Hyde Rd, Dalkey, Co. Dublin. 270.Mr. Peter Walker, 12 St. Begnet’s Villas, Dalkey, Co. Dublin. 271.Denise & Robert Flavin, 85 St. Begnet’s Villas, Dalkey, Co. Dublin.

36 272.Ms. Ursula Brooks, Balscadden, 3 Hyde Park, Dalkey, Co. Dublin. 273.Ms. Dorothy Burrell, 31 Hyde Park, Dalkey, Co. Dublin. 274.Mr. Francis Askin, 29 St. Begnet’s Villas, Dalkey, Co. Dublin. 275.Eamon & Mary O’Leary, 51 St. Begnet’s Villas, Dalkey, Co. Dublin. 276.Ms. Denise Colgan, 19 St. Begnet’s Villas, Dalkey, Co. Dublin. 277.Ms. Gillian Hackett, 25 St. Begnet’s Villas, Dalkey, Co. Dublin. 278.David & Marian Devaney, 73 St. Begnet’s Villas, Dalkey, Co. Dublin. 279.Mr. Joseph Brennan, 91 St. Begnet’s Villas, Dalkey, Co. Dublin. 280.Mr. Stephen Robertson, 33 Hyde Park, Dalkey, Co. Dublin. 281.Marian & Billy Finlay, 23 St. Begnet’s Villas, Dalkey, Co. Dublin. 282.Ms. Agnes Kelly, 103 St. Begnet’s Villas, Dalkey, Co. Dublin. 283.Ms. Mary Roberts, 33 Hyde Park, Dalkey, Co. Dublin. 284.Ms. Sandra Flood, 61 Hyde Road, Dalkey, Co. Dublin. 285.Ms. Ann Aldridge, 19 Castlelands, Hyde Road, Dalkey, Co. Dublin. 286.Ms. Rosmarie Bergin, 28 Castlelands Grove, Hyde Road, Dalkey, Co. Dublin. 287.The occupant, 22 Castlelands, Hyde Road, Dalkey, Co. Dublin. 288.Conor & Audrey Sherlock, 20 Hyde Park, Dalkey, Co. Dublin. 289.Ms. Yvonne Duggan, 16 Hyde Park, Dalkey, Co. Dublin. 290.Mr. Philip Feddis, 22 Hyde Park, Dalkey, Co. Dublin. 291.Ms. Una Smiley, 35 Hyde Park, Dalkey, Co. Dublin. 292.Mr. John Smiley, 35 Hyde Park, Dalkey, Co. Dublin. 293.Peter & Virginia Butler, 21 St. Begnet’s Villas, Dalkey, Co. Dublin. 294.The Goulding Family, 15 St. Begnet’s Villas, Dalkey, Co. Dublin. 295.Hilary & Tommy Cunningham, 31 Hyde Road, Dalkey, Co. Dublin. 296.Annette & Paul Cahill, 99 St. Begnet’s Villas, Dalkey, Co. Dublin. 297.Kathleen Deasy, 18 Hyde Park, Dalkey, Co. Dublin. 298.Ms. Jane Cathcart, 28 Hyde Park, Dalkey, Co. Dublin. 299.Ms. Anne Cathcart, 28 Hyde Park, Dalkey, Co. Dublin. 300.Mr. Thomas Cathcart, 28 Hyde Park, Dalkey, Co. Dublin. 301.Barry & Therese O’Reilly, ‘Kilcor’, 36 Hyde Park, Dalkey, Co. Dublin. 302.Ms. Vera O’Connor, 7 Haddington Park, Glenageary, Co. Dublin. 303.Mr. Paul Richardson, 3 Oliver Plunkett Avenue, Monkstown Farm, Monkstown, Co. Dublin. 304.Mr. Billy Kelly, 1 Whites Villas, Dalkey, Co. Dublin. 305.Mr. Ronald Bailey, 10 Whites Villas, Dalkey, Co. Dublin. 306.Mr. Patrick Murdock, 205 Rochestown Avenue, Dún Laoghaire, Co. Dublin. 307.Mr. Alan Doran, 10A Tubbermore Road, Dalkey, Co. Dublin. 308.Ms. Ann Comerford, 30 Hillside, Dalkey, Co. Dublin. 309.Ms. Jennifer Doran, 10A Tubbermore Road, Dalkey, Co. Dublin. 310.Ms. Deirdre Lightburn, 11 Lower Sallynoggin Road, Sallynoggin, Co. Dublin. 311.Ms. Teresa Bailey, 10 Whites Villas, Dalkey, Co. Dublin. 312.Ms. Pauline Butler, 39A Thomastown Road, Dún Laoghaire, Co. Dublin. 313.Ms. Bernadette Cunningham, 108 Hillside, Dalkey, Co. Dublin. 314.Mr. Tony Butler, 39A Thomastown Road, Dún Laoghaire, Co. Dublin. 315.Mr. David Tracey, 32 Park Road, Glenageary, Co. Dublin. 316.Mr. Paul Sullivan, 8 Sycamore Court, Carriglea Downs, Dún Laoghaire, Co. Dublin. 317.Mr. Eddie Gough, Killiney. 318.Mr. Colm O’ Giolláin, 12 Monaloe Park Road, Cabinteely, Dublin 18. 319.Name illegible, Ardbrugh Road, Dalkey, Co. Dublin. 320.Mr. Peader McAdam, 55 Granville Road, Dún Laoghaire, Co. Dublin. 321.Mr. Pete Dunne, 8 Woodly Road, Dublin 18. 322.Mr. James A. Murphy, Rock’s Yard Lane, Sandycove Ave West, Sandycove, Co. Dublin. 323.The occupant, 17 Bayview Crescent, Killiney, Co. Dublin. 324.Mr. Brian Mulally, Killiney, Co. Dublin. 325.Ms. Bernadette Keogh, ‘Govilon’, Church Road, Killiney, Co. Dublin. 326.Ms. Erica Pickering, 8 St. Catherine’s Road, Glenageary, Co. Dublin. 327.Mr. John Langan, 25 Church View Avenue, Killiney, Co. Dublin. 328.Ms. Beccy Breach, 32 Seafield Court, Killiney, Co. Dublin. 329.Ms. Joanna Aherne, 78 Watson Drive, Killiney, Co. Dublin. 330.Mr. Aidan McMahon, 87 Killarney Heights, Bray, Co. Wicklow. 331.Mr. John Sheanon, 15 Seafield Road, Killiney, Co. Dublin. 332.Ms. Kate Hickey, 2 Rosmeen Gardens, Dún Laoghaire, Co. Dublin. 333.Mr. Gerald Doran, 5 Athgoe Drive, Shankill, Co. Dublin. 334.Ms. Mary A. Meagher (?), ADDRESS ILLEGIBLE 2 Gardens West, Blackrock, Co. Dublin. 335.Mr. Paul Maloney, 13 Vesey Mews, Dún Laoghaire, Co. Dublin. 336.NAME AND PART ADDRESS ILLEGIBLE, Barnhill Road, Dalkey, Co. Dublin. 337.The occupant, 33 Hyde Road, Dalkey, Co. Dublin. 338.Mr. Peter Finnegan, 50, Wyvern, Killiney, Co. Dublin. 339.Mr. Aedín Ó Cuireáin, 14 Castlelands, Hyde Road, Dalkey, Co. Dublin. 340.D. McElree, 26A Haddington Park, Glenageary, Co. Dublin. 341.Mr. Bill Roche, 20 Newtownpark Avenue, Blackrock, Co. Dublin. 342.Mr. John Treacy, 10 Woodlands Road, Cabinteely, Dublin 18.

37 343.Mr. Paul O’Callaghan, Glasthule Road, Glasthule, Co. Dublin. 344.Ms. Maria O’Sullivan, 105 Silchester Park, Glenageary, Co. Dublin. 345.Ms. Frances Burns, 5 Hudson Park, Sandycove, Co. Dublin. 346.Mr. Gary Morrisson, 11 Dundela Ave, Sandycove, Co. Dublin. 347.Ms. Cara Ellard, 57 St. Begnet’s Villas, Dalkey, Co. Dublin. 348.Mr. Peter & Luke O’Brien, 8 Ballygihen Avenue, Sandycove, Co. Dublin. 349.Ms. Breege English, 24 Mapas Road, Dalkey, Co. Dublin. 350.Mr. Denis English, 24 Mapas Road, Dalkey, Co. Dublin. 351.Mr. Éamonn Drumgoole English, 24 Mapas Road, Dalkey, Co. Dublin. 352.Ms. Una Nolan, 44 Granville Road, Dún Laoghaire, Co. Dublin. 353.P. Nolan, 44 Granville Road, 44 Dún Laoghaire, Co. Dublin 354.Ms. Eileen Quill, 7 Beech Grove, Killiney, Co. Dublin. 355.Ms. Marie James, 22 Gosworth Park, Dalkey, Co. Dublin. 356.Mr. Liam Breathnach, 13 Windsor Park, Monkstown, Co. Dublin. 357.Ms. Eileen O’Dea, 17 Eaton Square, Monkstown, Co. Dublin. 358.Mr. John Ryan, 4 Belgrave Road, Monkstown, Co. Dublin. 359.Mr. John Gallagher, 27 Villerea Park, Glenageary, Co. Dublin. 360.Ms. Cliona O’Mahony, 3 Oliver Plunkett Avenue, Monkstown Farm, Monkstown, Co. Dublin. 361.Ms. Pamela Doran, 6 Tubbermore Road, Dalkey, Co. Dublin. 362.Ms. Saoirse O’Brien, 21 Mapas Road, Dalkey, Co. Dublin. 363.Ms. Mary Bass, 4 Glenageary Lodge, Glenageary, Co. Dublin. 364.Ms. Madden, Beeches Lodge, Albert Road, Glenageary, Co. Dublin. 365.Mr. Jason Black, 5 Cunningham Drive, Dalkey, Co. Dublin. 366.Ms. Fiona Ross, 26 Belgrave Square, Monkstown, Co. Dublin. 367.Ms. Sharon Slowey, Merdon, Dalkey Avenue, Dalkey, Co. Dublin. 368.Ms. Catherine McDonald, 44 Wyvern, Killiney, Co. Dublin. 369.Ms. Elaine Hartnett, 22 Eaton Square, Monkstown, Co. Dublin. 370.Ms. Dorothy Homan, 92 Beechwood Lawn, Dún Laoghaire, Co. Dublin. 371.Ms. Alice O’Connell, 18 Belgrave Road, Monkstown, Co. Dublin. 372.Ms. Mary Roche, 20 Newtownpark Avenue, Blackrock, Co. Dublin. 373.Ms. Lynda Quinn, 1 Glenview, Rochestown Ave, Dún Laoghaire, Co. Dublin. 374.Ms. Rosemary O’Rourke, 36 Mapas Road, Dalkey, Co. Dublin. 375.Ms. Jennifer Connolly, 17 Auburn Drive, Killiney, Co. Dublin. 376.Mr. Michael Sheanon, 30 Springhill Park, Killiney, Co. Dublin.

Late submissions 377.Peter & Sinead Murray, 27 Maretimo Gardens East, Blackrock, Co. Dublin. 378.Mr. Paul McCarthy, 44 Sandycove Road, Sandycove, Co. Dublin. 379.Moran Family, 2 Bayview Green, Killiney, Co. Dublin. 380.Mr. John Crowley, 32 Cluny Grove, Killiney, Co. Dublin. 381.Mr. Gary Ramsay, 25 Hillcourt Road, Glenageary, Co. Dublin. 382.The occupant, Knock Cree, Killiney Road, Killiney, Co. Dublin. 383.Mr. John Wilson, 29 Hillcourt Road, Glenageary, Co. Dublin. 384.Mr. Paul Kirwan, 14 Hillcourt Road, Glenageary, Co. Dublin. 385.Ms. Joyce Richardson, 29 Hillcourt Road, Glenageary, Co. Dublin. 386.Mr. Peter McCabe, Principal, Archbishop McQuaid National School, Loughlinstown, Co. Dublin. 387.Mr. Donal Ryan, Principal, Holy Family School, Monkstown, Co. Dublin. 388.Ms. Anne Ryan, Deputy Principal, The Harold School, Glasthule, Co. Dublin. 389.Mr. Padraic Fay, Principal, St. Joseph’s School, Dún Laoghaire, Co. Dublin. 390.Mr. David Fitzgerald, Principal, Scoil Mhuire, Shankill, Co. Dublin. 391.A Barron, 124 Hillside, Dalkey, Co. Dublin. 392.Mr. Colm Murphy, 1 Monaloe Drive, Blackrock, Co. Dublin. 393.Mr. Rory Cole, 48 O,Rourke Park, Sallynoggin, Co. Dublin. 394.Mr. Seán Barron, 124 Hillside, Dalkey, Co. Dublin. 395.Mr. Andrew Murphy, 10 Watson Park, Killiney, Co. Dublin. 396.Mr. Karl Barry, 37 Glenageary Lodge, Glenageary, Co. Dublin. 397.Mr. Matt Hayes, 41 Clarinda Park East, Dún Laoghaire, Co. Dublin. 398.Mr. Joe Brennan, 10 Maretimo Gardens East, Blackrock, Co. Dublin. 399.Mr. Conor O’Brien, 135 Coolevin, Ballybrack, Co. Dublin. 400.Ms. Susan Farrell, 13 Springhill Park, Killiney, Co. Dublin. 401.James ______, 310 Pearse Avenue, Sallynoggin, Co. Dublin. 402.Mr. Conor Hayes, 74 Granville Road, Dún Laoghaire, Co. Dublin. 403.Mr. Stephen Butler, 39a Thomastown Road, Dún Laoghaire, Co. Dublin. 404.Mr. Shay Hayes, 58 Castlefarm, Shankill, Co. Dublin. 405.Mr. Thomas Byrne, 36 Oliver Plunkett Avenue, Monkstown, Co. Dublin. 406.Mr. Luke Hand, NO ADDRESS GIVEN 407.Mr. Denis Byrne, NO ADDRESS GIVEN 408.Mr. Ciarán Monaghan, 18 Clonkeen Grove, Dún Laoghaire, Co. Dublin. 409.Gary ______, 310 Pearse Avenue, Sallynoggin, Co. Dublin. 410.Mr. Adam Hudson, 102 Macintosh Park, Dún Laoghaire, Co. Dublin. 411.Mr. Patrick Holden, 4, Tivoli Terrace North, Dún Laoghaire, Co. Dublin.

38 412.Mr. Oisín Whelan, 15 Denville Court, Killiney, Co. Dublin. 413.Mr. Paul Butler, 38 Desmond Avenue, Dún Laoghaire, Co. Dublin. 414.Mr. Eoin Brennan, 10 Maretimo Gardens East, Blackrock, Co. Dublin. 415.Mr. Cillian Whelan, 15 Denville Court, Killiney, Co. Dublin. 416.Mr. Eoin Cronin, Coolattin, Newtownpark Avenue, Blackrock, Co. Dublin. 417.Mr. Kevin O’Shea, 23 Bayview Crecent, Killiney, Co. Dublin. 418.Mr. Ronan Hayes, 58 Castlefarm, Shankill, Co. Dublin. 419.Mr. Daragh Connolly, 37 Kill Avenue, Dún Laoghaire, Co. Dublin. 420.Mr. Ken Fitzgerald, 8 Brookdene, Shankill, Co. Dublin. 421.Mr. Colman O Drisceoil, Principal, Scoil Lorcain, Blackrock, Co. Dublin. 422.Ms. Yvonne Walsh, 27 Aubrey Park, Shankill, Co. Dublin.

SUMMARY OF ISSUES RAISED IN THE SUBMISSIONS / OBSERVATIONS:

Four hundred and twenty two (422) submissions have been received in relation to the proposed development.

Sixty one (61) submissions were received prior to the advertisement of the proposed scheme on 9th March. All sixty one submissions were in favour of the proposed development and commended the Council for proposing a scheme that would enhance the usage and enjoyment of the Park facilities for all of the community.

Three hundred and fifteen (315) submissions were received within the statutory period. Two hundred and fifty four (254) of these submissions were in favour of the proposed scheme. Fifty four (54) submissions received objected to the proposed development and seven (7) submissions made observations about individual aspects of the scheme.

Forty six (46) late submissions were received after the closing date of 17 th May 2009. All forty six submissions were very supportive of the proposed scheme.

The submissions that were received within the prescribed period can be summarised as follows; • Two hundred and fifty four (254) observations simply indicated support for the design and concept of the overall scheme • Fifty four (54) submissions objected to the proposed scheme • Seven (7) submissions partially supported the scheme but expressed some reservations

The issues and concerns raised can be grouped and summarised as follows; • Twenty eight (28) submissions stated that the proposed scheme constituted an over-development of a restricted site and represented an unacceptable intensification of use of the park • Forty two (42) submissions referred to existing parking and traffic congestion in the residential areas surrounding the park and expressed concern that the proposed development would exacerbate these problems further; • Eight (8) submissions expressed concern that emergency vehicles would be unable to access all property in the surrounding area while the proposed facilities are in use; • Thirty six (36) submissions expressed concern regarding light spillage (pollution) of adjoining property from the proposed lighting columns and a number of these submissions referred to the excessive height of the proposed lighting columns • Thirty four (34) submissions expressed concern regarding the noise pollution from the proposed floodlit Gaelic pitch and the multi use games area (MUGA); • Twenty two (22) submissions stated that the proposed scheme would impact negatively on the residential amenities of the area; • Twenty two (22) submissions stated that the proposed scheme would effectively privatise the public nature of the park; • Seventeen (17) submissions stated that the subdivision of the park was inappropriate

39 • Twelve (12) submissions stated that the ball-stop netting would detract from the visual amenity of the public park; • Ten (10) submissions stated that the MUGA and surrounding fencing was visually obtrusive • Nine (9) submissions stated that the proposed scheme and proposed seating arrangements would attract young people to drink in the park; • Nine (9) submissions expressed serious concerns regarding the proposals and the risk of flooding of private property. The residents of Hyde Park have submitted a report, conducted by Chartered Engineers, in relation to drainage proposals • Six (6) submissions referred to previous planning applications for the development of the park that were refused planning permission by the Planning Authority and An Bord Pleanala • Three (3) submissions objected to Dalkey United having control of the MUGA • Three (3) submissions stated that the design of the proposed scheme was not in keeping with the Heritage Status of Dalkey village • Two (2) submissions stated that the proposed children’s play area was too small;

Other individual issues and concerns raised can be summarised as follows; • Questioned how the scheme would be funded; Stated that the scheme was designed without any consultation with local residents; • Stated that most of those in favour of the scheme did not live in close proximity to the park and would not be affected by the proposed development; • Stated that such a development would be more appropriate in Shanganagh Park • Scheme would result in littering of the area; • Scheme would result in a loss of trees in the public park • Proposed lighting would add to carbon output • Stated that an E.I.S should be conducted to accurately assess the impact of the scheme on adjoining residential property • Concern expressed that plans of the scheme were not displayed in the County Council offices • Floodlighting until 10pm is too late for local residents • Concern expressed regarding numerous submissions that were dated and received prior to the formal advertisement of the proposed scheme • Value for money of the proposed scheme • Concern expressed regarding forecasted traffic volumes

MANAGER’S RESPONSE TO SUBMISSIONS / OBSERVATIONS RECEIVED:

1. The Hyde Road public park and open space is located in an existing mature and built up suburban area to the north of Dalkey Village. The proposed scheme has been designed so that existing facilities can be enhanced and improved for all users of the public park and to facilitate the use of this public amenity up to 10pm each evening. It is considered that the size of the park can adequately accommodate the proposed improvement works.

2. A number of submissions have been received expressing concern that the proposed development would further exacerbate existing parking and traffic congestion in the residential areas surrounding the park and concern has also been expressed that emergency vehicles would be unable to access all property in the surrounding residential areas. The Transportation Department has responded to these concerns in a report dated 21/10/2009 which stated:-

From a traffic point of view Hyde Road is a standard local road which carries low traffic volumes. It does not constitute an important traffic route, as several parallel traffic routes are available serving the area. Hyde Road has a large indented parking area, which can cater safely for a significant number of parked

40 vehicles. If a facility such as that proposed by the Parks Department has to be located anywhere in the Dalkey area, then Hyde Road can adequately cater for a development such as this.

Many of the submissions relate to unregulated parking, which occurs when matches are in progress. Some residents’ driveways are obstructed and, in the case of adjacent cul-de-sacs, they feel that emergency access is not available due to the nature of car parking. A solution to these issues would be to extend the area covered by paid parking and to review the operational hours of the scheme in accordance with the provisions in the current byelaws. The scheme currently covers approximately half of the length of Hyde Road and does not extend into St. Begnet’s Villas or Hyde Park. It also operates only Monday to Friday inclusive.

The extension of this paid parking scheme to the entirety of Hyde Road and connecting cul-de-sacs would ensure that enforcement would be available as required.

The provision of cycling facilities and the provision of bus parking facilities should also be incorporated into the scheme to encourage more sustainable travel modes within the proposed development.

Having regard to the above, the Transportation Department has reiterated that there are no objections on traffic grounds to the proposed development.

3. A number of submissions have been received expressing concern that the floodlighting, associated with the Gaelic pitch in particular, would result in excessive light pollution on property adjoining the application site. In response to these submissions the Senior Parks Superintendent has acknowledged that the proposed high level floodlighting may impact on the ambience and character of this local open space and recommends that this aspect (the provision of high level floodlighting to serve the Gaelic pitch) of the proposed development be omitted and that the other elements of the scheme be approved.

4. A number of submissions have expressed concern that the proposed development will result in noise pollution on property adjoining and surrounding the subject site. However, it is considered that the proposed development will not give rise to excessive levels of noise pollution on adjoining property. Furthermore, it is noted that proposed high level floodlighting to serve the Gaelic pitch have been omitted from the overall scheme and that this will preclude the night time use of the Gaelic pitch and consequently the noise levels emanating from the public park.

5. In relation to concerns regarding the subdivision and privatisation of the public park, the proposed scheme has been designed to increase the multi-functional use of this public amenity space and public park while at the same time respecting and protecting the residential amenities of adjoining and surrounding property.

6. At present the public park is made available to Dalkey United and Cuala GAA club at scheduled times and to members of the public who wish to walk and use the playing pitches at all other times. It is intended that the proposed improvement works will facilitate the greater use of the park by all. In this regard, a playground is proposed for children, a dedicated pathway with associated seating for the general public, together with a MUGA (Astroturf playing surface) that will be made available to local clubs and members of the general public through bookings with the Local Authority.

There are no plans to privatise any aspect of the public park including the MUGA,

41 which will remain in the ownership of Dún Laoghaire Rathdown County Council at all times. However, it is anticipated that the local authority will enter into a licensing agreement with Dalkey United Football Club who, in return for being a key-holder and providing maintenance, will receive preferential booking rates.

Finally, it is noted that the proposed licensing arrangement is the standard licensing arrangement that the local authority has entered into with other clubs throughout the County.

7. In relation to concerns regarding the subdivision of the public park, a central aspect of the proposed improvement works is the provision of a play area for children, which must be enclosed to exclude dogs and to provide a safe area for children to play. The enclosure of the MUGA behind a 3 metre high boundary fence is required to secure the facility and to prevent the playing of sports in this area impacting on other users of the park. The provision of a boundary fence surrounding the perimeter of the MUGA is common throughout the County in similar facilities.

8. In relation to concerns regarding the visual impact of the ball-stop netting, it is proposed to provide ball-stop netting, 13 metres in height with an overall span of 45 metres, at either end of the Gaelic pitch. The provision of the ball-stop netting will enable the pitch to be used for hurling matches. The ball-stop netting situated behind the eastern goal is located c. 140 metres from Hyde Road. Having regard to the substantial distance between the ball-stop netting and Hyde Road, it is not considered that the ball stop netting will detract from the visual amenity of the surrounding area.

9. In relation to concerns regarding the visual impact of proposed fencing surrounding the MUGA, the 3 metre high welded mesh fence to surround the MUGA is required to secure the facility and to prevent the playing of sports in this area impacting on other park users. The type of fence proposed is common on such facilities throughout the County. It is considered that the proposed welded mesh fence will not detract from the visual amenity of the area.

10. In relation to concerns that the provision of seating within the park will attract ‘young drinkers’ and consequential anti-social behaviour, there is no evidence to suggest that the provision of additional seating within an established park will attract ‘young drinkers’ to the park. In addition, the type of seating proposed is common throughout many parks in the County.

11. A number of residents expressed concern that the proposed works would result in flooding of property adjoining the subject site and fronting Hyde Park. The residents engaged the services of an engineer to assess the impact of the proposed development vis-à-vis drainage proposals and have submitted a report relating to same. In a report dated 20/07/2009, the Council’s Water and Drainage Department acknowledges that there are existing issues relating to flooding in the vicinity of the site and proposes the following ameliorative measures in response to the submitted residents’ engineers report.

In order to counteract any future flooding occurring within the adjacent properties we recommend that the following works be carried out in addition to our attenuation proposals submitted previously;

• The existing low point or depression be removed by re-grading of the existing ground profile away from the boundary • A new 150mm land drain be constructed on the football pitch side of the boundary wall lower than that of the adjacent gardens of no.’s 30-32 Hyde

42 Park • The new 150mm land drain be constructed to match the new ground profile and connect into the proposed attenuation system

With the construction of the extra proposals outlined above together with the original attenuation proposals the risk of future flooding to the adjacent properties shall be significantly reduced.

12. In relation to comments that the proposed improvement works are similar to proposals that were refused planning permission by the Planning Authority and An Bord Pleanala, previous planning applications, that were lodged on behalf of Dalkey United Football Club in respect of the subject site, involved proposals that included the 90 degree rotation of the playing pitches, the provision of all weather football pitches and the provision of ball-stop netting. Planning permission was refused on the basis that Dalkey United Football Club could not provide evidence of sufficient legal title to lodge a planning application in respect of the site and because the 90 degree rotation of the playing pitches would affect the accessibility and circulation of the park. The current scheme being proposed by the local authority is materially different from earlier proposals that were refused permission in that it is not proposed to rotate the playing pitches from their current east-west axis. In addition, the local authority is entitled to propose improvement schemes on land in their ownership.

13. In relation to concerns that Dalkey United Football Club would have control over the running of the MUGA, it is standard practice for the local authority to enter into licencing agreements for the running and maintenance of such facilities. However, the MUGA will remain in local authority ownership and will be made available to other local clubs and members of the public subject to booking arrangements.

14. A number of submissions have expressed concern that the proposed development would negatively impact on the heritage status of Dalkey village. Hyde Park is located circa 350 metres northwest of Dalkey village and is outside the Dalkey Architectural Conservation area. It is not considered that the proposed development will detract from the character or heritage status of Dalkey village. Furthermore it is noted that neither the Architects Department nor the Conservation Division have raised any objection to the overall scheme.

15. In relation to concerns that the children’s play area is too small, the play area is 480-sq.m in area. This is comparable to other local play areas in the County and it is considered sufficiently sized to accommodate local need.

Other individual issues and concerns raised;

16. The proposed scheme will be financed using development contribution levies, collected in respect to the provision of Public Infrastructure.

17. The Part VIII process affords individuals and other relevant interest groups a formal mechanism where specific concerns and issues can be raised. In addition to the Part VIII process the plans were discussed with representatives of the local Gaelic and football clubs together with local residents.

18. The proposed scheme will result in additional trees being planted along the boundary fronting Hyde road.

19. It is considered that the carbon output associated with the proposed floodlighting will be minimal.

43

20. The subject site has a stated area of 3.5 hectares. Under the Planning and Development Act 2001 – 2008 and the Planning and Development Regulations 2001- 2009, as amended, there is no requirement to provide an Environmental Impact Statement (E.I.S) for developments of this nature on lands measuring less than 10 hectares.

AMENDMENTS TO THE PROPOSED DEVELOPMENT

A substantial number of third party submissions and observations have been received in relation to the proposed development. The majority of these submissions have welcomed the concept and overall design of the proposed development. There were, however, a number of submissions that were critical of particular aspects of the proposed development and a number of issues and concerns were raised in this regard. Having reviewed and considered each submission, it is considered appropriate to amend the proposed development as follows.

Proposed High Level Floodlighting for the Gaelic Football Pitch A number of submissions have been received expressing concern that the floodlighting, associated with the Gaelic pitch in particular, would result in excessive light pollution on property adjoining the application site. Having considered and reviewed each of these submissions, it is now proposed to omit the high level floodlighting from the overall scheme.

Proposed Drainage Arrangements In order to counteract any future flooding occurring within the adjacent properties it is recommended that the following works be carried out in addition to attenuation proposals;

• The existing low point or depression be removed by re-grading of the existing ground profile away from the boundary • A new 150mm land drain be constructed on the football pitch side of the boundary wall lower than that of the adjacent gardens of no.’s 30-32 Hyde Park. • The new 150mm land drain be constructed to match the new ground profile and connect into the proposed attenuation system

Parking and Traffic Issues A number of submissions have been received expressing concern that the proposed development would exacerbate existing parking and traffic congestion in the residential areas surrounding Hyde Park. In response to these concerns the Transportation Department has recommended the following ameliorative measures.

• It is proposed to extend the area covered by paid parking to the entirety of Hyde road and to the connecting cul-de-sacs of Hyde Park and St. Begnet’s Villas. • It is proposed to review and extend the operational hours of the paid parking scheme in accordance with the provisions of the current byelaws • It is proposed to provide bus-parking facilities to encourage more sustainable travel modes for users of the park

It is noted that proposals to extend the area covered by paid parking and the operational hours of the paid parking scheme together with the provision of bus-parking facilities must be approved through the appropriate byelaw amendment process and are not issues for approval under the Part 8 process.

RECOMMENDATION:

44 Having regard to the zoning of the site and other provisions of the County Development Plan 2004-2010, the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development 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, as amended subject to the following conditions:

1 Omit the high level flood lighting from the overall scheme 2 The existing low point or depression be removed by re-grading of the existing ground profile away from the boundary 3 A new 150mm land drain be constructed on the football pitch side of the boundary wall lower than that of the adjacent gardens of no.’s 30-32 Hyde Park 4 The new 150mm land drain be constructed to match the new ground profile and connect into the proposed attenuation system.

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, as amended.”

A discussion took place during which Ms. K. Holohan, Deputy County Manager responded to Members queries.

Following the discussion it was AGREED to ADJOURN the meeting for 5 minutes for Councillors to further consider the proposed development - Improvements to recreational facilities at Hyde Road, Dalkey, Co. Dublin.

C/547/09 Reconvening of Meeting

The meeting reconvened at 5.45 p.m.

C/548/09 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.

Proposed Development: Improvements to recreational facilities at Hyde Road, Dalkey, Co. Dublin to include; the installation of sports floodlighting to existing Gaelic pitch, installation of ball-stop netting behind the goal mouths of the Gaelic pitch; the construction of underground flood attenuation chambers at the northern and eastern edge of the open space; the provision of Multi Use Games Area (MUGA) to the front of the open space; New pedestrian entrances and realignment of the existing vehicular entrance at Hyde Road; the installation of children’s play units to the front of the open space and the installation of seating and cycle parking within the open space.

It was proposed by Councillor J. Bailey and seconded by Councillors M. Bailey, M. Mitchell O’Connor, C. Devlin and S. Fitzpatrick:

“That the Council undertake the following at Hyde Park, Dalkey:

1. Drainage at the side of the park and under the current Cuala Club House. 2. Removal of fence and signs around soccer pitch.

45 3. Installation of children’s playground. 4. Installation of all weather pitch. (MUGA) 5. Lighting for all weather pitch. 6. Two back tie nets at both ends of GAA pitch. 7. No parking of any cars at anytime in the grounds of Hyde Park other than emergency vehicles. 8. The Council appoints a Committee to administer the use of the all weather facility and lighting, with one representative of Cuala, Dalkey United, Dalkey Community Council and two representatives of DLRCC. 9. The all weather facilities in Dalkey must be made available to all the schools in the area. 10. The all weather facilities must also be made available to the children of Dunmore House and any other special needs organisations. 11. The hours of operation are to be solely at the discretion of the Committee 12. To undertake to review the parking in the immediate area.”

Following a further discussion Mr. R. Shakespeare, Director of Service gave a commitment to look at all the issues in the above motion as they are outside the remit of the Part 8. It was AGREED to withdraw the charge for the use of the MUGA.

It was proposed by Councillor R. Boyd Barrett and seconded by Councillor H. Lewis:

“That the Manager proceed with the Part VIII proposal for Hyde Park without the floodlights and the MUGA, and that the issue of the MUGA is referred back for further consultation/negotiation involving local residents groups, sports clubs and Ward Councillors.”

A roll call vote on the motion was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyd Barrett, Richard √ Boyhan, Victor √ Brennan, Aoife √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √

46 Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ Murphy, Tom √ O’Callaghan, Denis √ O’Keeffe, Gearóid √ O’Leary, Jim √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Ward, Barry √ Total: 3 24

An Cathaoirleach, Councillor M. Baker declared the motion DEFEATED .

It was proposed by Councillor M. Mitchell 0’Connor and seconded by Councillors C. Devlin, J. Bailey and S. Fitzpatrick:

“That we amend the Manager’s Report - Part VIII Hyde Road Public Park to include floodlighting.”

A roll call vote on the motion was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyd Barrett, Richard √ Boyhan, Victor √ Brennan, Aoife √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Hand, Pat √

47 Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ Murphy, Tom √ O’Callaghan, Denis √ O’Keeffe, Gearóid √ O’Leary, Jim √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Ward, Barry √ Total: 24 3

An Cathaoirleach, Councillor M. Baker declared the motion CARRIED .

C/549/09 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.

Proposed Development: Construction of a Central Library and Cultural Centre at Moran Park, Queen’s Road, Dún Laoghaire, Co. Dublin.

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

“PC/08/09

In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009 the Council gave notice of the proposed development in the Irish Times on Monday 10 th August 2009. Plans and particulars of the proposed development were available for inspection from Monday 10 th August 2009 up to and including Monday 21 st September 2009 at the Planning Department, County Hall, Marine Road, Dun Laoghaire between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Monday 5 th October 2009.

NATURE AND EXTENT OF THE PROPOSED DEVELOPMENT:

It is proposed to construct a Central Library and Cultural Centre comprising a children’s library, a teenager’s library, a reference area, modern I.T. facilities, art gallery, coffee shop, cultural centre and meeting rooms. The building will serve as Library

48 Headquarters for the County and the Cultural Centre will include a multi-purpose room seating approximately 100 people. The new Library will have an underground car park for approximately 100 car spaces. It is also proposed to reconfigure and redevelop the existing Moran Park.

Moran Park Moran Park is strategically located in the heart of Dún Laoghaire, between the town precinct centered on George’s Street Upper, and the DART railway line. The site is bounded to the south and south east by Haigh Terrace; to the south-west by the Royal Marine Hotel, a Protected Structure; to the north-west by the Pavilion apartment development; to the north and north-east by the Metals, a pedestrian walkway.

The Park is on the site of a former quarry which subsequently became a reservoir providing fresh water for the harbour. This reservoir now forms a pond within the park which currently consists of stagnant water and has been neglected as an amenity. Moran Park House, a Protected Structure, is also located in the park with a fenced off bowling green and its associated outbuildings. There is an open green area between the bowling green and the Metals on the Park’s north-eastern boundary. The Park is approximately 1.17 hectares in area and slopes downwards from south-west to north- east. The park is on two levels; 15m above Ordnance Survey Datum along the Haigh Terrace boundary and 9m above Ordnance Survey Datum along the Metals boundary.

The Park is currently under-utilized and neglected, with a lack of pedestrian traffic through the Park which adds to its sense of isolation and lack of amenity on site. There are reports of anti-social behavior occurring on site.

The Metals The section of the Metals running along the northern and north-eastern boundaries of the site is currently being upgraded to include a new footpath along Queen’s Road together with additional crossing points and a controlled crossing at the entrance to the Pavilion Car Park. This will further enhance pedestrian permeability between the seafront and the new proposed development in Moran Park.

Haigh Terrace Haigh Terrace forms the southern boundary to the site. The Maritime Institute of Ireland, Mariner’s Church, a Protected Structure, overlooks the existing pond and park.

Most pedestrian traffic occurs down Haigh Terrace which links the shopping precinct on Georges Street Upper with the Metals and the waterfront beyond.

Urban Design The proposed building (approximately 6,327sq.m) is positioned along the southern edge of the site, cut into the granite escarpment. The form of the building relates to the context of Moran Park and Haigh Terrace; the building form is kept low by using most of the length of the available site and responds in character, form and scale to the different aspects and levels of the site. The Haigh Terrace elevation is an urban façade, modulated with carefully proportioned windows, vents and screens. The façade is articulated in bands of granite, the storey height walls between the bands are red brick. This combination of materials is familiar in Dún Laoghaire, for example, the Carnegie library.

The park elevation has a different scale, and a more civic and formal presence with little detail to distract from the form with large windows allowing views out to the park. The seaward end of the building tapers up and in to form a tall slender portico overlooking the harbour.

49 The proposed building will have no significant impacts on the daylight or sunlight of neighbouring properties. The building can be accessed from both levels of the park to facilitate movement through the site and encourage use.

It is important that the proposed building has a civic scale and fulfils its mandate as an iconic landmark taking its place among the panorama of spires and turrets of Dún Laoghaire. The height, scale and massing are appropriate to this civic structure and are well within the scale of adjoining developments.

Materials The materials proposed for the new building will be chosen from a palette of granite and red brick cladding. The Haigh Terrace elevation will consist of largely red brick cladding interspersed with bands of granite cladding. This is to reflect the red brick Victorian architecture in the vicinity. The elevation to the park will comprise primarily of granite cladding with a more civic and formal presence with little detail to distract from the form. The roof is tapered and is sliced across the grain with openings where required for top- light and ventilation. Nine steel wind cowls are proposed for the roof area.

IMPLICATIONS OF THE PROPOSED DEVELOPMENT FOR THE PROPER PLANNING AND SUSTAINABLE DEVELOPMENT OF THE AREA: The north-eastern and eastern sections of the site are zoned ‘MTC’ in the 2004-2010 Dún Laoghaire Rathdown County Development Plan with the zoning objective: “To protect, provide for and/or improve major town centre facilities”. The remainder of the site is zoned “F” in the 2004-2010 Dún Laoghaire Rathdown County Development Plan with the zoning objective: “To preserve and provide for open space and recreational amenities”.

It is considered that the proposed development, as described above, falls into the category of community facilities which are Permitted in Principle within the zoning objective “To protect, provide for and/or improve major town centre facilities” and the zoning objective “To preserve and provide for open space and recreational amenities”. Therefore, the proposed development accords with these zoning objectives.

The subject site falls within a Conservation Area.

There are a number of structures listed for protection in the 2004-2010 County Development Plan on the site and within the vicinity of the site. The Protected Structures on the site consist of the statue of Christ the King and Moran Park House. The surrounding Protected Structures include the Royal Marine Hotel and the Maritime Institute of Ireland, Mariner’s Church. A Specific Local Objective (No. 6) to provide a library and cultural amenities at Moran Park pertains to the site.

A public right of way exists on site connecting the pedestrian walkway (the Metals) to the north, through Moran Park to the Royal Marine Hotel to the south-west.

There are two objectives on the site to protect and preserve trees and woodland. These are located in the western and southern sections of the site.

The proposed development accords with the Dún Laoghaire Urban Structure Plan whose objectives include improving the physical linkages and accessibility between the town centre and the waterfront.

DEPARTMENTAL REPORTS:

Environmental Services Department: In a report dated 25/05/2009 the Senior Executive Engineer of the Drainage section raised no objection to the proposal subject to conditions.

50 Transportation Department: In a report dated 06/07/2009 the Director of Transportation raised no objection to the proposal.

Architects Department: In a report dated 02/06/09 the Senior Architect raises no objection to the proposal.

Conservation Division: In a report dated 02/06/2009 the Conservation Officer raised no objection to the proposal.

LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS: 1. Fergal Mac Cabe, (address not given) 2. James Gill, 19 Sion Road, Glenageary, Co. Dublin. 3. Katy Mc Guinness and Felim Dunne, 15 Vesey Place, Dún Laoghaire. 4. Seamus O’Reilly (Director – Archive) & Padraic Ingoldsby (Director of National Projects), The Genealogical Society of Ireland Limited, c/o 18, Talbot Lodge, Grove Avenue, Blackrock, Co. Dublin. 5. Ciaran Cuffe (no address given). 6. Gabriel Simpson, 41 Avondale Road, Killiney, Co. Dublin. 7. John O’Sullivan (Honorary Club Secretary), Dún Laoghaire Bowling Club, 26 Bayview Glade, Killiney Hill Road, Killiney, Co. Dublin. 8. Richard Dolan, “Accoy”, Killiney Hill Road, Killiney, Co. Dublin. 9. Fionnuala O’Sullivan, [email protected] 10. Gerard Concagh, 15 Tara Court, , Co. Fingal. 11. Aine Concagh, 15 Tara Court, Balbriggan. 12. Mairead Clowry, [email protected] (Killiney). 13. Derek Sheil, 10 Oakton Green, Ballybrack, Co. Dublin. 14. Anne Carter, 10 Oakton Green, Ballybrack, Co. Dublin. 15. John Keane, 8 Laurleen, Blackrock, Co. Dublin. 16. Carole Ann Clarke, [email protected] (8 Dungar Terrace, Northumberland Avenue, Dún Laoghaire, Co. Dublin. 17. G.&V. Swarbrigg, 13 Auburn Close, Killiney, Co. Dublin. 18. Martin McCarthy, 32 Clarinda Park West, Dún Laoghaire, Co. Dublin. 19. Emily Carraher, 8 Grange Grove, Blackrock, Co. Dublin 20. Niall Kelly, [email protected] (Monkstown Road) 21. Frank Fitzgerald (Chairperson), Dun Laoghaire Business Association, (no address given) 22. Paeder Ward (Vice President), The Maritime Institute of Ireland, Mariner’s Church, Haigh Terrace, Dún Laoghaire, Co. Dublin 23. Councillor Richard Boyd Barrett and Nicola Sarratt, [email protected] 24. Nicola Sarratt and Councillor Richard Boyd Barrett, [email protected] 25. Dianne O’Neill, [email protected] (17 Clarinda Park East, Dun Laoghaire) 26. Brian and Paula Dunne, [email protected] , (72 The Pavilion, Marine Road, Dún Laoghaire) 27. Ronan Beirne (Honorary Secretary), The National Yacht Club, Dún Laoghaire, Co. Dublin. 28. Gene Feighery, 1 Eglinton Park, Dún Laoghaire, Co. Dublin. 29. Stephen Devaney, 15 Longford Terrace, Monkstown, Co. Dublin. 30. John O’Brien, 2 McIntosh Park, Dún Laoghaire, Co. Dublin. 31. Ciaran and Yvonne Earley, Apt. 100 Salthill, Monkstown, Co. Dublin. 32. Mairead Mehigan, Chairperson, An Taisce (no address given) 33. Mary McLaughlin Beck, 12 Shandon Park, Monkstown Road, Blackrock, Co. Dublin

SUMMARY OF ISSUES RAISED IN THE SUBMISSIONS / OBSERVATIONS:

Thirty three (33) submissions were received in relation to this proposal within the prescribed time period. The observations can be grouped and summarised as follows; • Twenty (20) observations stated that the location is inappropriate for the proposed building, mainly for reasons relating to the design, scale, and materials of the proposed building, it’s impact on the surrounding Protected Structures, the character and heritage of the area and the Victorian vista of the area from the seafront • Eighteen (18) observations welcome the enhancement of the existing library network in the County; • Twelve (12) observations state that Moran Park is one of the few remaining green spaces in Dún Laoghaire and it should be redeveloped/retained as a park • Ten (10) observations indicated support for the design and concept of the overall scheme • Eight (8) observations have expressed concern regarding the closure of local libraries and library facilities as a result of the proposed development

51 • Three (3) observations state that an under utilized building should be used as an alternative location for the proposed library.

Other individual issues and queries raised that are relevant to the proposed development can be summarised as follows;

• Request that existing library facilities are upgraded and extended rather than a new library provided • Request that the existing Bowling Club in Moran Park does not close until the proposed new Bowling Club at Eglinton Park is completed and ready for tenancy, as previously agreed with the Parks Department, Dún Laoghaire Rathdown County Council • Concern regarding the loss of the bowling green at this location • Concern whether the proposed development is contrary to the Council’s conservation policy (due to style and scale of the proposed structure), open space zoning and Policy L3 relating to views and prospects • Concern regarding the lack of reference in the public notices to the Protected Structure status of Moran Park House and within the attendant grounds of surrounding Protected Structures • Query regarding the lack of an SEA and EIA and failure to mention either of these in the public notices • Concern regarding the removal of existing trees from the site • Request that recreational activities are located in the Park • Request that the new building is fully accessible to people with disabilities, full facilities are provided, and that the building is open seven days a week; • Request that the proposed number of car parking spaces is halved • Request that the Harbour Reservoir is retained • Queries regarding the availability of funding for this proposal.”

MANAGER’S RESPONSE TO SUBMISSIONS / OBSERVATIONS RECEIVED:

1) Location of the proposed building in Moran Park is inappropriate

A number of the observations submitted have stated that the proposed location of the new building in Moran Park is inappropriate. Reasons for the location being inappropriate include:

• The impact of the design, scale and materials used in the proposed building in relation to the surrounding Protected Structures, character, heritage and Victorian vista of the area

The proposed building is of high quality contemporary design and is located along the southern edge of the site cut into the granite escarpment. The building form relates to the context of Moran Park and Haigh Terrace; the form is kept relatively low by using most of the length of the available site and responds in character, form and scale to different aspects and levels of the site. The vertical emphasis of the window openings along the Haigh Terrace elevation is consistent with classical architectural language. The park elevation has a different scale, and a more civic and formal presence with little detail to distract from the form. The window openings along this elevation are larger allowing views out to the park. The seaward end of the building tapers up and in to form a slender portico overlooking the harbour. The roof is intended as a fifth elevation and has been designed to exclude services plant and equipment. The Acting Conservation Officer states in a report dated 2 nd June 2009:

“There are no conservation objections to the proposed new Central Library at Moran Park. The site is located within a Conservation Area and therefore regard must be had to Policy CA1 of the County Development Plan 2004-2010. It is the view of the

52 Conservation Division that design of new buildings within Conservation Areas should be to the highest standards of architectural design and be ‘of their time’. The new Library building is unashamedly modern and will create a positive tension with the older nineteenth century buildings of the Royal Marine, Mariner’s Church and Moran Park House.”

It is thus considered that the design of the proposed building will not have a negative impact on the surrounding Protected Structures and character of the area. The height, scale and massing are appropriate to this civic structure and are within the scale of adjoining developments.

The proposed materials for the building are already in the town’s architectural language. The exterior of the building is to be clad in original Dalkey granite, which is characteristic of the walls, piers and historic structures in the area. The façade along Haigh Terrace is composed of red brick set with bands of granite, the red brick being similar to Victorian buildings in the town, including the Carnegie library. Flat areas of the roof are planted as green roofs increasing the visual amenity of the building.

The proposed development will improve the setting of the Protected Structures on site; Moran Park House and the sculpture of Christ the King. The existing curtilage of Moran Park House is unappealing due to the collection of temporary structures and outbuildings present which detract from the house’s appearance. These will be removed as part of the proposed development. Historically the house was surrounded by domestic gardens and walls, rather than an open lawn as at present. The proposed development will result in the reintegration of the curtilage of the house into the park landscape. This sense of enclosure will be provided by the inclusion of hedges and trees under-planted with grass and plant beds.

The sculpture of the Christ the King is to be relocated within the park. The sculpture was originally intended to be placed on the waterfront and was not designed for its current location on the south-eastern boundary of the site. The sculpture will be relocated to the raised promenade in the north-western section of the site. From here it will form an integral part of the park as seen from the Metals.

Furthermore, the design and location of the building in the park, will enhance and encourage use of the park by increasing pedestrian traffic to the park and providing enhanced connectivity from the Metals area to Haigh Terrace and the Royal Marine Hotel, and further to the town centre.

2. The loss of green open space in Dún Laoghaire

Moran Park is one of a number of public green open spaces in Dún Laoghaire, including The People’s Park, Clarinda Park and the extensive green open space along the seafront in Sandycove.

The proposed development does not result in a loss of public green open space. The proposed building will be located along the granite escarpment along the southern boundary of the site and the footprint of the existing pond, bowling green and green open space adjoining Moran Park House will be retained. At present the existing park is under-utilised, neglected and there have been reports of anti-social activities occurring on site. The proposed redevelopment of the park will include the reconfiguration of the existing pond with a reduced depth to increase safety and incorporating a biological treatment system to improve the water quality; new planting and the removal of deceased and diseased non-native trees; landscaping to improve the amenity of the site; new street furniture; and the existing circulation throughout the park will be significantly improved by the removal of the change in level around the pond. Improved pedestrian linkages throughout the site will encourage usage of the park and more pedestrian traffic

53 through the park. Furthermore, the nature of the proposed development as a Library and Cultural Centre will draw people to the site further enhancing the vitality of the new park layout and will make it more user friendly. Overall the redevelopment of the park will result in a more enhanced and accessible amenity.

3) Closure of local libraries as a result of the proposed development

A number of submissions expressed concern over the closure of local libraries as a result of the construction of the proposed new Library and Cultural Centre.

The proposed development is for the construction of a Library Headquarters for the County and a Cultural Centre in Moran Park, including the reconfiguration of the existing park. In the context of this development the only existing library affected is the Dún Laoghaire Library. Staff from the existing branch library in Dún Laoghaire and from Library Headquarters will be redeployed to the new facility.

4) An under-utilised building should be used as an alternative location for the proposed library

The proposed building, with a gross floor area of approximately 6,327sq.m., will consist of a Library Headquarters for the County and a Cultural Centre including: a multi- purpose room accommodating approximately 100 people; children’s library; teenager’s library; community meeting rooms; artists workshops; art gallery; coffee shop and an outdoor space for cultural events. There is no existing building in the library service that could provide these facilities in a contemporary and sustainable structure that is appropriate to the image and status of the library within the County. Similarly there are few spaces available for cultural programmes including visual arts exhibitions, performances, literary readings, critical debates and community arts initiatives and as a result, the Arts and Heritage Programme and the cultural provision offered by Dún Laoghaire Rathdown Library Service suffer due to being presented in inappropriate or inadequate spaces.

A purpose-built, multi-functional facility of appropriate scale and massing to its use and function, located in the heart of the town, will provide a vital service to the existing network of branch libraries in the County, will aid the cultural programme, will increase accessibility to the local population due to its location, and will help to improve the linkages between the waterfront and the town centre.

5) Request that existing library facilities are upgraded and extended rather than a new library provided

The Library Development Programme 2004-2010, as adopted by the Council proposed that a number of new purpose-built public libraries be constructed throughout the County to meet the needs of the people of Dún Laoghaire Rathdown, including the proposed library complex at Moran Park.

6) The loss of the existing Bowling Club and Bowling Green at this location and concern regarding the relocation of the Bowling Club

Dún Laoghaire Bowling Club is currently located in Moran Park. In it’s submission, the Bowling Club has stated that it requires a more modern facility and has stated that its location in Moran Park is isolated and that the park currently attracts anti-social behaviour. After discussions with the County Council in recent years, the Bowling Club is to relocate to Eglinton Park when alternative facilities are available to them. They will not be asked to vacate the existing facilities prior to this. This was agreed with the Parks Department of the County Council. This relocation to Eglinton Park was agreed with all members of the Bowling Club.

54

The Bowling Club has emphasized that the existing facility in Moran Park will not be vacated until the new facility in Eglinton Park is completed and ready for occupation and that this is to take place outside of the Bowling Season, which runs from April to September.

7) Contravention of the ‘F’ zoning objective pertaining to the site and of Council policy on conservation and views

The proposed development does not contravene the ‘F’ zoning objective pertaining to the site or Council policy on conservation and views.

The site is zoned ‘MTC’ “To protect, provide for and/or improve major town centre facilities” in the north and north-eastern sections of the site and the proposed Library and Cultural Centre will be located within this zoning objective. The remainder of the park is zoned ‘F’ “To preserve and provide for open space and recreational amenities” and the area zoned ‘F’ is being retained as a park and will be upgraded. Community facilities are Permitted in Principle under both of these zoning objectives. In this regard the proposed development does not contravene the zoning objectives pertaining to the site.

Policy L3: Views and Prospects of the 2004-2010 County Development Plan states that “it is Council policy to protect and encourage enjoyment of views and prospects of special amenity value or special interests.” The County Development Plan states: “In the implementation of this policy it is the intention of the Council to: • Prevent development which would block or otherwise interfere with a view which is designated for protection • Preserve the prospects listed in the Plan In this regard, the view and prospect of the site from the seafront is not listed for protection. The view from the eastern edge of the site looking towards the seafront is listed for protection but this is not hindered by the proposed development.

Policy CA1: Conservation Areas of the 2004-2010 County Development Plan states “within a Conservation Area the Council will have particular regard to the impact of a proposed development on the character of the area in which it is to be placed. The preservation of the existing character of an area does not preclude all forms of development. All proposals for new development should preserve or enhance the character and quality of the environment within a Conservation Area.”

In accordance with policy CA1: Conservation Areas, the proposed development enhances the character of the local environment by proposing a building of high quality contemporary design with appropriate materials already in the town’s architectural language. The height, scale and massing of the proposed development are appropriate to this civic structure and are well within the scale of adjoining developments. The Acting Conservation Officer states in a report dated 2 nd June 2009:

“There are no conservation objections to the proposed new Central Library at Moran Park. The site is located within a Conservation Area and therefore regard must be had to Policy CA1 of the County Development Plan 2004-2010. It is the view of the Conservation Division that design of new buildings within Conservation Areas should be to the highest standards of architectural design and be ‘of their time’. The new Library building is unashamedly modern and will create a positive tension with the older nineteenth century buildings of the Royal Marine, Mariner’s Church and Moran Park House…….There are no direct works proposed for Moran Park House, which is also a

55 Protected Structure. The scheme will see the removal of unsightly storage units and an attractive landscaping plan, which will enhance the setting of the building.”

Furthermore, the overall proposed development improves the quality of the environment in this Conservation Area by providing a high standard of landscape design.

8) The public notices fail to mention the status of Moran Park House as a Protected Structure

Some of the submissions have expressed concern as to the failure of the public notices for the proposed development to state the status of Moran Park House as a Protected Structure.

Moran Park House is located within the site boundary but there are no works proposed to Moran Park House and it does not form part of the development proposal. As such, in accordance with article 81(2)(c)(i) of the Planning and Development Regulations 2001- 2009, there are no works proposed to materially affect the character of the Protected Structure and as a result there is no requirement to state the status of the house in the public notices.

9) Requirement for a Strategic Environmental Assessment (SEA) and an Environmental Impact Assessment (EIA) for the proposed development

In accordance with the requirements of Schedule 5 of the Planning and Development Regulations 2001-2009, the proposed development does not require an Environmental Impact Assessment.

In accordance with the requirements of Annex I and Annex II of EU Directive 85/337/EEC, and EU Directive 2001/42, the proposed development does not require a Strategic Environmental Assessment.

Notwithstanding the above, an environmental assessment of the proposed development was carried out and an Environmental Report has been prepared by Carr, Cotter and Naessens Architects.

10) The removal of existing trees on site

There are two objectives on the site to protect and preserve trees and woodland. These are located in the western and southern sections of the site.

The majority of the trees on site are non-native species and are approaching the end of their lifespan. The proposed development will result in the removal of trees along the southern boundary of the site with new planting of trees and shrubs proposed throughout the park. An arboretum is also proposed to the south east, east and northeast of Moran Park House.

11) Suggestion that recreational activities are to be located in the Park

Recreational facilities are proposed as part of the overall development including a cultural centre, library and art gallery.

Park benches and landscaped walkways are proposed to further enhance the park and to encourage passive recreation.

12) The new building is fully accessible to people with disabilities, full facilities to be provided, and that the building is open seven days a week

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The proposed building and associated landscaping have been designed in accordance with statutory requirements for accessibility to people with disabilities. Consultation has commenced with the National Disability Authority and their recommendations incorporated where feasible in the final design. A staircase and two lifts will provide access to different levels and the building will be accessible from both levels of the park to facilitate movement through the site and encourage use.

13) Request that the proposed number of car parking spaces are halved

The proposed development includes the provision of 100 car parking spaces. Table No. 11.5 Parking Standards: General Car-parking Standards Related to Land Use of the 2004-2010 County Development Plan requires 1 space per 20sq.m. of gross floor area for a library building. The proposed building has a gross floor area of approximately 6,327sq.m. This results in a requirement for 316 car parking spaces. However, due to the proposed building’s strategic location in the heart of Dún Laoghaire town and in close proximity to Dún Laoghaire DART station, these standards have been relaxed to provide for 100 car parking spaces.

14) Request that the Harbour Reservoir is retained

The existing pond is an important part of the social and industrial heritage of the town. Its previous existence as a quarry contributes to the morphology of the site, while the granite rock face provides a distinctive texture and materiality in the park. The intention is to reconfigure the pond at a higher level while exposing where possible the existing granite face in the proposed car park below. The reconfiguration of the pond ensures that it continues to be a feature that is enjoyed and exploited in the design of the park, while forming another layer of history transposed on the site which itself embodies the social and industrial change of this place.

15) Availability of funding for the proposed development

In May 2006 the Council gave approval in principle to an outline proposal to fund the proposed Central Library and Cultural Centre, which relied on a variety of funding sources (incl. Development Levies, Grant Aid and proceeds from the disposal of Council property assets). If the proposed development of a Central Library and Cultural Centre is approved every effort will be made to put together a revised funding package to enable the project to proceed.

RECOMMENDATION: Having regard to the zoning of the site and other provisions of the County Development Plan 2004 – 2010 the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development 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 following conditions:-

• An additional vent stack from the existing 2100mm diameter foul sewer shall be incorporated into the proposed building • Stagnation in the dead leg of the free water main must be avoided. Prior to construction, the solution must be agreed with the Water Services Division, Dún Laoghaire Rathdown County Council • No works shall proceed until the locations of all underground infrastructural services are clearly identified and the Area Operations Engineer is notified of such locations

57 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.”

A discussion took place, during which Mr. O. Keegan, County Manager and Ms. M. Owens, County Librarian responded to Members queries.

It was proposed by Councillor V. Boyhan and seconded by Councillors R. Boyd Barrett and H. Lewis:

“That we defer a decision on Agenda Item No. 9 – Part 8, Moran Park until January 2010 Council meeting.”

Following a further discussion Councillor Boyhan amended his motion as follows:

It was proposed by Councillor V. Boyhan and seconded by Councillors R. Boyd Barrett and H. Lewis:

“That we defer a decision on Agenda Item No. 9 – Part 8, Moran Park until December 2009 Council meeting.”

A roll call vote on the motion was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyd Barrett, Richard √ Boyhan, Victor √ Brennan, Aoife √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √

58 Mitchell O’Connor, Mary √ Murphy, Tom √ O’Callaghan, Denis √ O’Keeffe, Gearóid √ O’Leary, Jim √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Ward, Barry √ Total: 4 23

It was proposed by Councillor D. O’Callaghan and seconded by Councillor T. Joyce:

“That the report of the Manager be AGREED .”

A roll call vote on the motion was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyd Barrett, Richard √ Boyhan, Victor √ Brennan, Aoife √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Mitchell O’Connor, Mary √

59 Murphy, Tom √ O’Callaghan, Denis √ O’Keeffe, Gearóid √ O’Leary, Jim √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Ward, Barry √ Total: 24 3

An Cathaoirleach, Councillor M. Baker declared the motion CARRIED .

C/550/09 Suspension of Standing Orders

It was proposed by Councillor R. Boyd Barrett and seconded by Councillor H. Lewis:

“Proposal to suspend standing orders to discuss the Manager’s decision to remove the Doctor service to outdoor Council workers.”

A show of hand vote was requested, the result was as follows:

For: 3 Against: 24

An Cathaoirleach, Councillor M. Baker declared the request for the suspension of standing orders DEFEATED .

C/551/09 Recommendation by Organisation, Procedure & Protocol Committee - Amendment of Standing Orders

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

“At the Organisation, Procedure and Protocol Committee meeting held on 1 st October 2009 the Committee agreed to forward the following recommendation to the Council for approval

Proposal to Amend Standing Orders It was proposed by Councillor R. Humphreys:

That the Standing Orders of the Council be amended in Standing Order 21 by the deletion of “59” and the substitution therefor of “62, 63 and 149.

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

If the motion is agreed the standing orders will be amended accordingly.

The report was AGREED.”

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The recommendation of the Organisation, Procedure & Protocol Committee was AGREED .

C/552/09 County Speed Limit Review 2009 - Road Traffic (Special Speed Limit) Bye-Laws 2009

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

“Introduction and Background

In accordance with the provisions of Section 9 of the Road Traffic Act 2004, Dún Laoghaire-Rathdown County Council completed a review in March 2009 of its Road Traffic Special Speed Limit Bye-Laws for the administrative area of Dún Laoghaire- Rathdown. The review established the maximum speed at which vehicles are legally permitted to travel on specific public roads. As part of the statutory consultation process, a number of meetings were held with both the National Roads Authority (NRA) and An Garda Síochána.

On 9th March 2009, the Transportation Department presented the members with the draft final Bye-Laws. The Council adopted the draft Bye-Laws at this meeting and the Transportation Department initiated the implementation of various traffic management work elements to support the adopted Bye-Laws. These work elements included, infrastructural works locally at the pedestrian facilities on Sallyglen Road to support a speed limit of 60kph, the supply and installation of the variable 30kph speed limit signage for the Broadford area, the design / manufacture of customised signage for 60/80 kph speed limit on the N11 bus lane / general traffic lanes section from Foxrock Church to Loughlinstown and the 50kph County information signage introduced as part of the speed limit review.

Consultation The Special Speed Limit Bye-Laws were developed in conjunction with the Transportation SPC. The Council discussed the proposed Bye-Laws with the SPC at the March and September 2008 meetings as well as at a special sitting of the SPC in November 2008 in advance of the Bye-Laws going to public display. Extensive public consultation took place, which included presentations to the Area Committees, public displays at County Hall, Local Council Offices Dundrum and all local Libraries and website. Two information days were also held in Dún Laoghaire and Dundrum.

The proposed Bye-Laws were made available for inspection from Tuesday 25th November 2008 to Friday 16th January 2009 (both dates inclusive) with a closing date for submissions and observations of Friday 30th January 2009.

Consultation with the NRA As part of this consultation process, the NRA was fully consulted. Two formal meetings were held in June and November 2008 in regard to the proposals and to reach agreement on the proposed Special Speed Limit Bye-Laws for the national road and motorway network within the County. At the meeting held on 20th November 2008, the NRA agreed the draft Bye-Laws for Public Display, and the Transportation Department initiated the formal public consultation process by way of public notice in accordance with Section 9 of the Road Traffic Act 2004 as noted above.

61 In accordance with Section 9 (7) of the Act, the Transportation Department formally sought the written consent of the NRA regarding the draft Bye-Laws by means of letter dated 10th February 2009. The Transportation Department maintained open dialogue with the NRA at all times up to and including the presentation of the final draft Bye Laws to the Council on March 9th 2009 where the Bye Laws were formally adopted. The NRA reaffirmed their support of the final draft Bye Laws as presented to Council and confirmed that a written letter of consent would be forthcoming.

On the 8th June 2009, Transportation Department received written communication from the NRA regarding the Road Traffic Speed Limit draft Bye-Laws. It conveyed the consent of the NRA to the making of the Bye-Laws with the exception of the proposed speed limit amendment from 120kph to 100kph at the southbound M50/M11 merge as described in the Sixth Schedule of the draft Bye-Laws. The NRA did not communicate any concern or change in view of the speed limit amendment at the southbound M50/M11 merge prior to receipt of their letter of consent dated 29th May 2009. Throughout consultation with the NRA, it was acknowledged by the NRA that a reduction in the speed limit would improve the flow of traffic involved in the major weaving manoeuvres. It is the view of the Transportation Department that this ameliorative measure would improve road safety arising from the current capacity issue and queuing occurring at the southbound M50/M11 merge, a measure noted in a comprehensive internal technical report prepared by the Transportation Department and delivered to the NRA in 2007. The NRA in their letter stated that 'in the light of there not being any particular accident record at this location and in view of the current Wicklow County Council speed limit amendment application which seeks to retain a 120kph at the southern end of the motorway section near Fassaroe, the Authority is not satisfied that there is a warrant to introduce a 100kph speed limit on the motorway from the area around the M50/M11 merge southward to the boundary with County Wicklow'. They furthermore in their letter, 'recommended that this section be kept under review for the present'. It should be noted that in Section 4.0 Statutory Consultations of the report presented to Council on 9th March 2009, it was noted that ‘the NRA is in agreement with all proposed speed limits'. This remains an accurate account of the Transportation Department understanding of the NRA's position at this time and that the awaited written consent of the NRA reflecting the agreement conveyed at prior meetings and discussions was a formality to be followed through.

M50/M11/N11 Micro-Simulation Traffic Model On receipt of the NRA's letter dated 29th May 2009, the Transportation Department made representations to the Chief Executive of the NRA requesting a meeting to resolve the matter. The opportunity for the Transportation Department to raise the matter came at a meeting held at the NRA offices on 3rd September 2009. At this meeting, a presentation of a traffic micro-simulation model was delivered by the NRA and their appointed Consultants on proposed NRA short term interventions to resolve traffic capacity issues, resulting traffic turbulence and weaving issues present on the M11 within Wicklow County Council and extending to the Dún Laoghaire-Rathdown M50 /M11 merge area. It was confirmed at the meeting that the once the micro-simulation model is validated, i.e. replicate existing conditions on the ground, the effects of speed limits changes and other mitigation measures/alterations on the network would be modelled. The NRA and their Consultants are currently compiling a more complete data set to fully assess all the potential causes of congestion. Once this work is complete, the micro- simulation model will be developed fully and the mitigation scenarios can be tested. In light that this work will not be completed imminently, the recommendation of the Transportation Department is for the Council to adopt revised Bye-Laws that removes the Special Speed Limit of 100kph as described in the Sixth Schedule of the adopted Bye Laws of 9th March 2009 for the M11 Motorway (southbound) and M50 Motorway (southbound) merge. Transportation Department will continue to actively engage with the NRA in the development of the micro-simulation model and in any delivery of

62 suitable mitigation measures in addressing the traffic capacity and queuing of the M50/M11 in the Dún Laoghaire-Rathdown area.

Road Traffic Speed Limit Bye Laws to provide for new road schemes and for roads taken-in-charge. The Transportation Department has also amended the First Schedule to reflect that the special speed limit of 50kph for the Dún Laoghaire-Rathdown County Council administrative area is described by reference to the County boundary map prepared in accordance with Section 10 of the Local Government (Dublin) Act, 1993 and not by reference to the Road Schedule previously contained in Appendix A. In effect, all new road schemes such as the recently opened Benildus Avenue and the Monkstown Ring Road to be opened shortly, and future new roads and roads taken-in-charge by the Council, will be by default provided for in the draft Bye-Laws as attached, thus removing the process of preparing Bye-Laws in the future for new roads. Recommendation

A resolution of the County Council is required to amend the Bye-Laws as attached in this report (20091109_Special Speed Limit Bye-Laws 2009_Vfinal and drawing 20091109_TT-107-01-09 County Speed Limits_Map_VFinal), which removes the reduction in speed limit on the southbound carriageway of the M11/M50 merge and includes an amended First Schedule which removes the need for future amendments to the Bye-Laws to provide for new roads and roads taken-in-charge.

COMHAIRLE CHONTAE DHÚN LAOGHAIRE - RÁTH AN DÚIN DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Road Traffic Special Speed Limit Bye-Laws 2009 MADE UNDER THE ROAD TRAFFIC ACTS, 1961-2004

An Rannán Tráchta An Rannóg Iompair Traffic Section Transportation Department Table of Contents

1.0 DEFINITIONS 3 2.0 SPECIAL SPEED LIMITS 5 2.1 FIRST SCHEDULE – SPECIAL SPEED LIMIT 50 KM/H 5 2.2 SECOND SCHEDULE - SPECIAL SPEED LIMIT 60 KM/H 5 2.3 THIRD SCHEDULE - SPECIAL SPEED LIMIT OF 60 KM/H (BUS LANE ONLY) 9 2.4 FOURTH SCHEDULE - SPECIAL SPEED LIMIT 80 KM/H EXCLUDING BUS LANE 11 2.5 FIFTH SCHEDULE - SPECIAL SPEED LIMIT 80 KM/H 12 2.6 SIXTH SCHEDULE - SPECIAL SPEED LIMIT 100 KM/H 15 2.7 SEVENTH SCHEDULE - SPECIAL SPEED LIMIT 30 KM/H 16 2.8 EIGHTH SCHEDULE - SPECIAL PERIODIC SPEED LIMIT 30 KM/H 17

1.0 DEFINITIONS 1.1 Dún Laoghaire-Rathdown County Council in exercise of the powers conferred on them by section 9 of the Road Traffic Act 2004 (no 44 of 2004), and subject to the written consent of the Garda Commissioner and the National Roads Authority, relating to national roads and motorways hereby make the following bye-laws in respect of the area comprising the administrative area of the Dún Laoghaire-Rathdown County Council, as defined by the map prepared in accordance with Section 10 of the Local Government (Dublin) Act 1993.

1.2 These bye-laws may be cited as the Dún Laoghaire-Rathdown County Council Road Traffic Special Speed Limit Bye Laws, 2009.

1.3 These Byelaws shall come into operation on the ______day of ____ 2009.

1.4 In these bye-laws: “the Act of 1961” means the Road Traffic Act 1961 (No 24 of 1961); “the Act of 1993” means the Roads Act 1993 (No. 14 of 1993);

63 “the Act of 1994” means the Road Traffic Act 1994 (No 7 of 1994); “the Act of 2001” means Local Government Act 2001; “the Act of 2004” means the Road Traffic Act 2004 (No. 44 of 2004); “the Minister means the Minister for Transport; “administrative area” has the meaning assigned to it by the Act of 2001; “built-up area” has the meaning assigned to it by the Act of 2004; “commissioner” means the commissioner of the Garda Síochána; “distance” means distance as measured along the centre line of a road; “local road”, “regional road”, “national road”, and “motorway” have the meaning assigned to them, respectively, in the Roads Act 1993; “Minister” means Minister for Transport; “speed limit” applies to a road in both directions unless specified otherwise;

1.5 Default speed limits apply, except where special speed limits or road works speed limits apply and subject to the provisions of Section 10 and Section 11 of the Road Traffic Act 2004, to the following public road categories

(1) Built-up area speed limit is 50 kilometres per hour for all mechanically propelled vehicles (2) Regional and local roads speed limit is 80 kilometres per hour for all mechanically propelled vehicles (3) National roads speed limit is 100 kilometres per hour for all mechanically propelled vehicles (4) Motorway speed limit is 120 kilometres per hour for all mechanically propelled vehicles

1.6 Special speed limits may be specified in bye-laws and applied as follows:

(1) 30 kilometres per hour, which shall only be applied in respect of a road or roads (other than a motorway) in accordance with guidelines issued by the Minister under Section 9 (9) of the Road Traffic Act 2004 (2) 50 kilometres per hour, in respect of any road other than a road in a built-up area (3) 60 kilometres per hour (4) 80 kilometres per hour, in respect of a motorway, a national road or a road in a built-up area (5) 100 kilometres per hour, in respect of a motorway, a non-urban regional or local road or a road in a built-up area (6) 120 kilometres per hour, in respect of a dual carriageway that forms part of a national road that is not a motorway in accordance with guidelines issued by the Minister under Section 9(9) of the Roads Traffic Act 2004

1.7 The speed limit does not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of An Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.

1.8 The Dún Laoghaire-Rathdown Speed Limit Byelaws as dated 11 th May 2004 are hereby revoked.

1.9 All previous Speed limit Byelaws of Dún Laoghaire-Rathdown County Council and all subsequent amendments to those By-Laws are hereby revoked.

2.0 SPECIAL SPEED LIMITS 2.1 FIRST SCHEDULE – SPECIAL SPEED LIMIT 50 KM/H 50 km/h shall be the speed limit for mechanically propelled vehicles on public roads located within the boundary of Dún Laoghaire-Rathdown County Councils administrative area (as shown on the county boundary map prepared in accordance with section 10 of the Local Government (Dublin) Act,1993), as also shown on drawing No. TT-107-01-09 County Speed Limits (shaded green), except those roads specified in the following second, third, fourth, fifth, sixth, seventh and eighth schedules to these Bye-Laws

2.2 SECOND SCHEDULE - SPECIAL SPEED LIMIT 60 KM/H 60 km/h shall be the special speed limit for mechanically propelled vehicles on those public roads coloured yellow on drawing No. TT-107-01-09 County Speed Limits and as specified hereunder: -

The N11 National Road (i) Both Sides of the N11 National Road (Stillorgan Road), from its northern intersection with the Dún Laoghaire-Rathdown County Council Administrative Area boundary to a point 89 metres south-east of its junction with Kill Lane.

Roads forming a junction with the N11 (Southbound) (i) Merrion Grove, for a distance of 23 metres in a north-easterly direction from its junction with the N11 National Road (Stillorgan Road). (ii) Booterstown Avenue, for a distance of 25 metres in an easterly direction from its junction with the N11 National Road (Stillorgan Road). (iii) Priory Drive, for a distance of 35 metres in a north-easterly direction from its junction with the N11 National Road (Stillorgan Road).

64 (v) Stillorgan Grove, for a distance of 30 metres in an easterly direction from its junction with the N11 National Road (Stillorgan Road) (vi) Farmleigh Avenue, for a distance of 29 metres in an easterly direction from its junction with the N11 National Road (Stillorgan Road). (vii) Belmount Grove (Northern Entry), for a distance of 15 metres in a northerly direction from its junction with the N11 National Road (Stillorgan Road). (viii) Belmount Grove (Southern Exit), for a distance of 20 metres in a northerly direction from its junction with the N11 National Road (Stillorgan Road). (ix) Newtownpark Avenue, for a distance of 29 metres in a northerly direction from its junction with the N11 National Road (Stillorgan Road). (x) Kill Lane, for a distance of 29 metres in a north-easterly direction from its junction with the N11 National Road (Dublin - Bray Road) (xi) Avenue, for a distance of 20m in a north-westerly direction from its junction with the N11 National Road (xii) (Old) Stillorgan Road (at Fosterbrook) for a distance of 20m in a north-westerly direction from its junction with the N11 National Road (xiii) The slip road from the Stillorgan Road (N11 National Road) southbound carriageway to a point 156 meters north west of its junction with the bridge over the Stillorgan Road at Belfield (xiv) The slip road to the Stillorgan Road (National Road N11) southbound carriageway opposite Belfield between its junction with the Stillorgan Road (National Road N11) and a point 203 metres south east of its junction with the bridge over the Stillorgan Road (National Road N11)

Roads forming a junction with the N11 (Northbound) (i) Springfield Park, for a distance of 19 metres in a south westerly direction from its junction with the N11 National Road (Stillorgan Road) (ii) Knocksinna, for a distance of 30 metres in a south-westerly direction from its junction with the N11 National Road (Stillorgan Road) (iii) Leopardstown Road, for a distance of 53 metres in a south-westerly direction from its junction with the N11 National Road (Stillorgan Road). (iv) Brewery Road, for a distance of 30 metres in a westerly direction from its junction with the N11 National Road (Stillorgan Road) (v) The Hill, for a distance of 10 metres in a north-westerly direction from its junction with the N11 National Road (Stillorgan Road). (vi) Old Stillorgan Road/ Road, for a distance of 57 metres in a westerly direction from its junction with the N11 National Road (Stillorgan Road). (vii) Old Dublin Road opposite Priory Drive, for a distance of 45 metres in a south-westerly direction from its junction with the N11 National Road (Stillorgan Road) (viii) Trees Road Lower, for a distance of 40 metres in a westerly direction from its junction with the N11 National Road (Stillorgan Road). (ix) The Rise, for a distance of 52 metres in a south-westerly direction from its junction with the N11 National Road (Stillorgan Road). (x) Fosters Avenue, for a distance of 75 metres in a south-westerly direction from its junction with the N11 National Road (Stillorgan Road) (xi) The slip road to Belfield between its junction with the Stillorgan Road (National Road N11) and a point 203 metres south east of its junction with the bridge over the Stillorgan Road (National Road N11) at Belfield (xii) The slip road from Belfield between its junction with the Stillorgan Road (National Road N11) and a point 180 metres north west of its junction with the bridge over the Stillorgan Road (National Road N11) at Belfield

Church Road/Wyattville Road and roads forming a junction with Church Road/Wyattville Road (i) Church Road, Ballybrack, from a point 20 metres south-west from its junction with the Rochestown Avenue/Sallyglen Road roundabout to a point 20 metres south east of its junction with Wyattville Road (ii) Churchview Road, for a distance of 20 metres in a westerly direction from its junction with Church Road (iii) Wyattville Road, from its junction with Church Road to a point 50 metres south west of its junction with the old Wyattville Road (iv) Wyattville Road (Old), for a distance of 58 metres in an easterly direction from its junction with the Wyattville Road dual carriageway (v) Churchview Road, for a distance of 33 metres in a north-westerly direction from its junction with Church Road (vi) Unnamed Road (R118 Wyattville Link Road), from its junction with the M50 Motorway westbound on/off ramps at Junction 16 (Cherrywood Interchange) to a point 20 metres south-west of its junction with the Druid Valley Roundabout

M50 ON/Off Ramps (i) The M50 Motorway southbound off ramp at Junction 16 (Cherrywood Interchange) from a point 50 metres north west of its junction with the Unnamed Road (R118 Wyattville Link Road) to the Unnamed Road (R118 Wyattville Link Road). (ii) The M50 Motorway southbound on ramp at Junction 16 (Cherrywood Interchange) from its junction

65 with the Unnamed Road (R118 Wyattville Link Road) for a distance of 50 metres in an southerly direction (iii) The M50 Motorway northbound off ramp at Junction 16 (Cherrywood Interchange) from a point 50 metres south of its junction with the Unnamed Road (R118 Wyattville Link Road) to the Unnamed Road (R118 Wyattville Link Road). (iv) The M50 Motorway northbound on ramp at Junction 16 (Cherrywood Interchange) from its junction with the Unnamed Road (R118 Wyattville Link Road) for a distance of 50 metres in a northerly direction

Miscellaneous Roads (i) Leopardstown Road (dual carriageway) from a point 40 metres north-east of its junction with the M50 Motorway Junction 14 (Sandyford) westbound on ramp roundabout to a point 20 metres south- west of its junction with the Leopardstown Road Brewery Road Roundabout (ii) Sallyglen Road, from a point 25 metres north of its junction with the Rochestown Avenue Church Road Roundabout northwards to a point 25 metres south of its junction with the Glenageary Road Sallynoggin Road roundabout

2.3 THIRD SCHEDULE - SPECIAL SPEED LIMIT OF 60 KM/H (BUS LANE ONLY) 60 km/h shall be the special speed limit for mechanically propelled vehicles driving in the bus lanes on those public roads coloured magenta on drawing No.TT-107-01-09 County Speed Limits and as specified hereunder

N11 National Road (Dublin – Bray Road) - Southbound (i) The N11 National Road (Dublin – Bray) southbound Bus Lane from a point 89m south-east of its junction with Kill Lane Avenue to a point 15 metres north-west of its junction with Old Bray Road (ii) The N11 National Road (Dublin – Bray) southbound Bus Lane from a point 15 metres south-east of its junction with Old Bray Road to a point 15 metres north-west of its junction with Clonkeen Road (iii) The N11 National Road (Dublin – Bray) southbound Bus Lane from a point 15 metres south-east of its junction with Clonkeen Road to a point 7.5 metres north west of its junction with Johnstown Road (iv) The N11 National Road (Dublin – Bray) southbound Bus Lane from a point 15 metres south-east of its junction with Johnstown Road to a point 5 metres north-west of its junction with Shanganagh Vale (v) The N11 National Road (Dublin – Bray) southbound Bus Lane from a point 10 metres south-east of its junction with Shanganagh Vale to its junction to a point 100 metres north of the Loughlinstown Roundabout junction

N11 National Road (Dublin – Bray Road) - Northbound (i) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 10 metres north-west of its junction with Cherrywood Park to a point 15 metres south-east of its junction with the northbound on ramp of the Dublin Bray Road (National Road N11) at Cherrywood (ii) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 15 metres north-west of its junction with the northbound on ramp of the N11 National Road (Dublin Bray Road) at Cherrywood to a point 5 metres south-east of its junction with Willow Crescent (ii) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 15 metres north-west of its junction with Willow Crescent to a point 5 metres south-east of its junction with the “Ramparts” entry road (iii) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 15 metres north-west of its junction with the “Ramparts” exit road to its junction with Beech Park (iv) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 15 metres north-west of its junction with Beech Park to a point 10 metres south-east of its junction with the Old Bray Service Road that leads to Brennanstown Road (v) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 10 metres north-west of its junction with the Old Bray Service Road that leads to Brennanstown Road, to a point 10 metres south-east of the Old Bray Road opposite Clonkeen Road (vi) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 10 metres north-west of its junction with the Old Bray Service Road opposite Clonkeen Road, to a point 10 metres south- east of its junction with the Old Bray Road that leads to Mart Lane (vii) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 10 metres north-west of its junction with its junction with the Old Bray Road that leads to Mart Lane to a point 10 metres south-east of its junction with Westminster Road (viii) The N11 National Road (Dublin – Bray) northbound Bus Lane from a point 20 metres north-west of its junction with Westminster Road to a point 89 metres south-east of its junction with Kill Lane

Miscellaneous Roads (ix) The southbound Entry Ramp to the Dublin Bray Road (National Road N11) at Cherrywood, from a point 50 metres south east from its junction with the Wyattville Road to its junction with the N11 National Road (Dublin Bray Road). (x) The southbound Exit Ramp from the Dublin Bray Road (National Road N11) to a point 50 metres north west of its junction with the Wyattville Road

66 2.4 FOURTH SCHEDULE - SPECIAL SPEED LIMIT 80 KM/H EXCLUDING BUS LANE 80 km/h shall be the special speed limit for mechanically propelled vehicles on those public roads (excluding the bus lane which as detailed in the Third Schedule above will be 60km/h) coloured magenta on drawing No. TT-107-01-09 County Speed Limits and as specified hereunder:-

N11 National Road (Dublin – Bray Road) (i) Southbound side of the N11 National Road (Dublin – Bray Road), excluding the Southbound nearside Bus Lane, between a point 89 metres south-east of its junction with Kill Lane to a point 100 metres north of the Loughlinstown Roundabout junction. (ii) Northbound side of the N11 National Road (Dublin – Bray Road), excluding the Northbound nearside Bus Lane, between its junction with Cherrywood Road/N11 National Road (Dublin - Bray Road) to a point 89 metres south-east of its junction with Kill Lane

Miscellaneous Roads (i) The southbound Exit Ramp from the Dublin Bray Road (National Road N11) to a point 50 metres north west of its junction with the Wyattville Road (ii) The southbound Entry Ramp to the Dublin Bray Road (National Road N11) at Cherrywood, from a point 50 metres south east from its junction with the Wyattville Road to its junction with the N11 National Road (Dublin Bray Road).

2.5 FIFTH SCHEDULE - SPECIAL SPEED LIMIT 80 KM/H 80 km/h shall be the special speed limit for mechanically propelled vehicles on those public roads coloured white on drawing Nos. TT-107-01-09 County Speed Limits and as specified hereunder:

(i) The M11 Motorway northbound off ramp at Junction 17 (M50 Interchange) from a point 100 metres north of its junction with the Main M11 motorway northwards to a point 10 metres north of its junction with the Cherrywood Road (ii) The N11 National Road (Dublin to Bray Road) from a point 100 metres north of the Loughlinstown Roundabout junction to a point 100 metres south of Loughlinstown Roundabout on the M11 Motorway southbound on ramp (iii) The Enniskerry Road, from its junction with the Wicklow County Council Boundary north to a point 60 metres south of its junction with Barnaslingan Lane

Roads forming a junction with the N11 (Southbound) (i) Old Bray Road, for a distance of 14 metres in a northerly direction from its junction with the N11 National Road (Dublin – Bray Road) (ii) Clonkeen Road, for a distance of 38 metres in a northerly direction from its junction with the N11 National Road (Dublin – Bray Road) (iii) Johnstown Road, for a distance of 60 metres in a northerly direction from its junction with the N11 National Road (Dublin – Bray Road). (iv) Kilbogget Grove, for a distance of 10m in a north easterly direction from its junction with the N11 National Road (Dublin- Bray Road) (v) Shanganagh Vale, for a distance of 9 metres in an easterly direction from its junction with the N11 National Road (Dublin – Bray Road). (vi) The southbound off ramp of the N11 National Road (Dublin - Bray Road) at Cherrywood, to a point 50 metres north west from its junction with Wyattville Road (vii) The southbound on ramp of the N11 National Road (Dublin - Bray Road) at Cherrywood, at a point 50 metres south east of its junction with Wyattville Road (viii) Commons Road, for a distance of 20 metres in an easterly direction from its junction with the N11 National Road (Dublin – Bray Road) (ix) Dublin Road, for a distance of 60 metres in a southerly direction from its junction with the N11 National Road (Dublin – Bray Road).

Roads forming a junction with the N11 (Northbound) (i) Park Na Silla Rise, for a distance of 10 metres in a westerly direction from its junction with the N11 National Road (Dublin – Bray Road) (ii) The northbound off ramp of the N11 National Road (Dublin - Bray Road) at Cherrywood, for a distance of 50 metres in a westerly direction from its junction with the N11 National Road (Dublin – Bray Road) (iii) Cherrywood Road, for a distance of 35 metres in a south-westerly direction from its junction with the N11 National Road (Dublin - Bray Road). (iv) The northbound on ramp of the Dublin Bray Road (National Road N11) at Cherrywood, for a distance of 53 metres in a westerly direction from its junction with the N11 National Road (Dublin – Bray Road) (iv) Willow Crescent, for a distance of 15 metres in a south-westerly direction from its junction with the N11 National Road (Dublin – Bray Road). (v) Sunnyhill Park (was called The Ramparts), for a distance of 8 metres in a westerly direction from its junction with the N11 National Road (Dublin – Bray Road) (vi) Beech Park, for a distance of 16 metres in a south-westerly direction from its junction with the N11 national Road (Dublin – Bray Road)

67 (vii) Johnstown Road (South) for a distance of 34 metres in a south-westerly direction from its junction with the N11 National Road (Dublin – Bray Road). (viii) Clonkeen Road (South) for a distance of 37 metres in a southerly direction from its junction with the N11 National Road (Dublin – Bray Road). (ix) Westminster Road, for a distance of 30 metres in a south-westerly direction from its junction with the N11 National Road (Dublin - Bray Road). (x) Springfield Park, for a distance of 19 metres in a southerly direction from its junction with the N11 National Road (Stillorgan Road). (xi) Dublin Road, for a distance of 10meteres in an easterly direction from its junction with the N11 National Road (Dublin – Bray Road) – Loughlinstown Roundabout (xii) Manor, for a distance of 10metres in a westerly direction from its junction with the N11 National Road (Dublin – Bray) – Loughlinstown Roundabout.

Miscellaneous Roads (i) The M50 Motorway southbound off ramp at Junction 14 (Sandyford), eastwards from a point 100 metres east of its junction with the M50 Motorway to a point 50 metres west of its junction with Leopardstown Road roundabout (ii) On the eastbound Unnamed Road located north of the M50, commonly known as the Eastbound Green Route, from a point 70 metres east of the Road Brehon Field Road Roundabout North of the Ballinteer Interchange to a point 25 metres west of the Sandyford Rotary (Junction 14) of the Sandyford Interchange (iii) On the westbound Unnamed Road located north of the M50, commonly known as the Westbound Green Route, from a point 35 metres west of Sandyford Rotary (Junction 14) of the Sandyford Interchange to a point 80 metres east of the Ballinteer Road Brehon Field Road Roundabout South of the Ballinteer Interchange

2.6 SIXTH SCHEDULE - SPECIAL SPEED LIMIT 100 KM/H 100 km/h shall be the special speed limit for mechanically propelled vehicles on those public roads coloured blue on drawing No. TT-107-01-09 County Speed Limits and as specified hereunder

M50 Motorway (i) The M50 Motorway (Northbound and Southbound Lanes) from its intersection with the boundary of South Dublin County Council to a point 250 metres east of its junction with the M50 off ramp to Junction 14 (Sandyford Rotary).

M50 ON/Off Ramps (i) The M50 Motorway southbound off ramp at Junction 13 (Ballinteer), eastwards from its junction with the M50 Motorway to a point 50 metres west of its junction with the Ballinteer Road Brehon Field Road Roundabout (ii) The M50 Motorway northbound on ramp at Junction 13 (Ballinteer), from a point 50 metres west of the Ballinteer Road/Unnamed Road Roundabout to its junction with the M50 Motorway (iii) The M50 Motorway southbound off ramp at Junction 14 (Sandyford), from its junction with the M50 north west for 100m (iv) The M50 Motorway northbound on ramp at Junction 14 (Sandyford), from a point 50 metres west of its junction with the Sandyford Rotary westwards to its junction with the M50 Motorway

M11 ON/Off Ramps (i) The M11 Motorway southbound on ramp at Junction 17 (M50 Interchange) from a point 100 metres south of its junction with the Loughlinstown roundabout southwards to its junction with the M11/M50 Motorway

2.7 SEVENTH SCHEDULE - SPECIAL SPEED LIMIT 30 KM/H 30 km/h shall be the special speed limit for mechanically propelled vehicles on those public roads coloured dark red on drawing No. TT-107-01-09 County Speed Limits and as specified hereunder

Stonebridge Road and roads that form a junction with Stonebridge Road (i) Stonebridge Road from a point 10 metres west of its junction with Dublin Road westwards to a point 10 metres east of its junction with the Falls Road (ii) Library Road for a distance of 15 metres in a southerly direction from its junction with Stonebridge Road (iii) Stonebridge Lane from its junction with Stonebridge Road north east ending in a Cul De Sac

Georges Street and roads that form a junction with Georges Street (i) Georges Street from a point 15 metres south east from its junction with Mulgrave Street to a point 20 metres north west of its junction with Library Road (ii) Mulgrave Street for a distance of 18 metres in a south-westerly direction from its junction with Georges Street (iii) Marine Road for a distance of 30 metres in a north-easterly direction from its junction with Georges Street (iv) Patrick Street for a distance of 17 metres in a south-westerly direction from its junction with Georges Street

68 (v) Convent Road, for a distance of 48 metres in a south-westerly direction from its junction with Georges Street (vi) Sussex Street, for a distance of 8 metres in a north-easterly direction from its junction with Georges Street (vii) Convent Lane from its junction with Georges Street to its junction with Convent Road (viii) Wellington Street for a distance of 15 metres in a north-easterly direction from its junction with Georges Street (ix) Library Road for a distance of 25 metres in a south-westerly direction from its junction with Georges Street

2.8 EIGHTH SCHEDULE - SPECIAL PERIODIC SPEED LIMIT 30 KM/H 30 km/h shall be the special periodic speed limit applicable Monday to Friday during the standardised school year (as set down in the Department of Education and Science School Year and the Standardised School Year Document) between the hours 07:30 to 09:30 and 13:00 to 16:30, for mechanically propelled vehicles on those public roads coloured dark red with white criss-cross hatching on drawing No. TT-107-01-09 County Speed Limits and as specified hereunder At all other times the speed limit on the public roads specified below shall revert to 50 km/h

Stone Masons Way (i) Stone Masons Way from a point 20 metres south of its junction with Broadford Road to a point 30 metres south of its junction with Llewellyn Way

Broadford Road and roads that form a junction with Broadford Roa (i) Broadford Road, Ballinteer from point 32 metres North of its junction with Ballinteer Avenue to its junction with Stone masons Way (ii) Ballinteer Drive for a distance of 24 metres in an easterly direction from its junction with Broadford Road (iii) Broadford Rise for a distance of 20 metres in a westerly direction from its junction with Broadford Road (iv) Broadford Close for a distance of 10 metres in a westerly direction from its junction with Broadford Road. (v) Broadford Lawn for a distance of 20 metres in a westerly direction from its junction with Broadford Road (vi) Chestnut Grove for a distance of 22 metres in an easterly direction from its junction with Broadford Road (vii) Broadford Walk for a distance of 10 metres in a southerly direction from its junction with Broadford Road

PRESENT when the Common Seal of Dún Laoghaire-Rathdown County Council was affixed hereto

Cathaoirleach na Chomhairle Chontae Dhun Laoghaire-Rath an Duin

Approved Officer

County Council Official, County Hall, Dún Laoghaire

Signed Sealed and Delivered By the said In the presence of

Dated: Day of 2009”

A discussion took place, during which Ms. A. Devine, Senior Engineer responded to Members queries. A motion deleting 1.2 in bye-laws and creating paragraph 3.1 was READ :

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

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“Add new paragraph:

3.0 Citation 3.1 These bye-laws may be cited as the Dún Laoghaire-Rathdown County Council Road Traffic Special Speed Limit Bye-Laws 2009.”

Following discussion the motion was AGREED . It was also AGREED to amend “Road Traffic Special Speed Limit Bye-Laws 2009 made under the Road Traffic Acts, 1961 – 2004” to “Road Traffic Special Speed Limit Bye-Laws 2009 made under the Road Traffic Acts, 1961 – 2006”.

It was also AGREED to change the name of heading 1.0 from “Definitions” to “Definitions and General”

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. O’Leary and RESOLVED :

“That the Dún Laoghaire-Rathdown County Council Road Traffic Special Speed Limit Bye- Laws 2009 as amended above be ADOPTED and APPROVED .”

C/553/09 Community Grants

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

“The Senior Community Officer recommends the following grants:-

1 CENTRE MANAGEMENT & DEVELOPMENT GRANTS

1.2 Adapting an Existing Building

Ref: Group Project Amount CM246 Balllybrack Sports Adapting existing clubhouse €20,000 Federation

1.3 Upgrading Community Facilities

Ref: Group Project Amount Dun Laoghaire Youth Upgrading Playground on Library €10,000 Services Road

1.4 Single Interest Organisations

Ref: Group Project Amount CM246 Blackrock Scouts Refurbish Scout Den €4,000

2 EQUIPMENT GRANTS

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

Ref: Group Project Amount

70 CM260 St. Louise Playgroup Purchase of equipment €2,500

Ref: Group Project Amount CM285 Shanganagh Park House Purchase of equipment €1,000

Ref: Group Project Amount The Hanley Centre Purchase of equipment €3,000

Ref: Group Project Amount Dun Laoghaire Outreach Purchase of equipment €2,000 Project

2.2 Purchase of Equipment- Minor

Grant aid is available for the purchase of small items of equipment.

Ref: Group Project Amount CM093 Dublin Wicklow Mountain Purchase of equipment €800 Rescue

3 ACTIVITY GRANTS

3.2 Other Community Activities

Grant aid is available for regular activity which builds up community identity

Ref: Group Project Amount CM487 Mountain View Women Community activities €600 Together

4 COMMUNITY DEVELOPMENT GRANTS

4.3 Community Development Initiatives/Community Analysis

Ref: Group Project Amount CM481 Dundrum Rathdown Community Development €3000 Youth Service

6 ARTS GRANT

6.1 Small Arts Grant

Ref: Group Project Amount CM230 Glencullen Musical & Performance of Red Roses €1,000 Dram Soc CM081 Dublin County Choir Christmas Concert €1,000 CM445 Balally Players Production Mill Theatre €1,000

Total €49,900”

It was proposed by Councillor G. Horkan, seconded by Councillor P. Hand and RESOLVED :

“That the report of the Manager be AGREED .”

C/554/09

71 Token Meters

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

“That this Council writes to ESB and Bord Gais with a view to increasing the number of “Token Metres” installed by them in local authority housing across Dun Laoghaire Rathdown. These metres will assist customers who have (or are at risk) of falling into arrears with these companies.”

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

“The Housing Maintenance Section have contacted the ESB and Bord Gais and have been informed that they are not in a position to increase the number of token meters as they have a limited supply and are used for people who have large arrears.

The ESB will not provide a token meter on request only. If a customer has a large bill, the Credit Control Department will decide if a token meter is supplied or not.

Bord Gais will supply token meters on request but the tenant will be requested to pay up front €395.55 for this service. If there is a history of arrears and if the supply has been locked due to a very large bill, the credit Control Department may reduce cost of meter to €200.00 depending on individual cases.

The Housing Maintenance Section have no authority regarding token meters as they are the responsibility of the service provider who make the decisions based on individual customer needs.”

C/555/09 Parking Control Bye-Laws

The following motion was MOVED by Councillor V. Boyhan WITHOUT DISCUSSION :

“That this Council reinstate the following Bye – Law into the current Parking Control Bye –Laws:

2006 Bye-Laws extract: Section 22 (f) of Dun Laoghaire-Rathdown County Council's Parking Control Bye-Laws 2006 stated.

A parking permit may be issued to an employee of the Health Services Executive Dublin Mid to facilitate the performance of his/her public health duties within the community, subject to satisfactory evidence of the bona fides of the applicant, acceptable to the County Manager or his delegated officer.’”

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

“The issue of Parking Permits for Health Workers has been examined on a number of occasions by the Transportation SPC. The last review took place on the 4th December 2008. It was also discussed by Council during the adoption of the Parking Control Bye- Laws in 2007. The discussions concluded that it would be inappropriate to issue permits to one category of worker and exclude other categories of worker for equality reasons. It was also agreed that the Permit would be difficult to enforce outside normal working hours.

The Parking Control Bye-Laws 2007 amended the 2006 Bye-Laws and specifically excluded all reference to Permits for Health Workers.

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It was agreed at the Dún Laoghaire Area Committee Meeting (PTW) on 7 th September 2009 that the Parking Bye Laws would be reviewed by the Transportation SPC.”

C/556/09 Connolly Shoes Workers

The following motion was MOVED by Councillor H. Lewis WITHOUT DISCUSSION :

“That this Council support the campaign objectives of the Connolly Shoes workers in Dun Laoghaire, for union recognition, fair pay and decent working conditions.”

There was no report from the Manager.

C/557/09 Boycott of all Coca Cola HBC products

The following motion was MOVED by Councillor H. Lewis WITHOUT DISCUSSION :

“That this Council follows the lead of South Dublin County Council and calls for a boycott of all Coca Cola HBC products in response to this highly profitable company's laying off of 130 workers here in Ireland and Coca- Cola's rejection of the Labour Court recommendation regarding the redundancy package or the re-employing of the workers.”

There was no report from the Manager.

C/558/09 Incoming SPC

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

“That this Council invites the relevant incoming SPC to hear a report on the Council’s bye-laws covering dogs and to agree to examine ways of extending the control of dogs to all maintained green spaces, except Killiney Hill area, in our County.”

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

“This report will be prepared and presented at the relevant Strategic Policy Committee meeting.”

C/559/09 Rules Governing Responses to FOI Requests

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

“That this Council seeks a Management report on the rules governing its responses to FOI requests and asks how many requests for information have been sought in the last twelve months and how many requests for information were granted.”

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

73 “All requests received under the Freedom of Information Acts (1997 amended 2003) are processed through the Communications Office and co-ordinated by the Freedom of Information Officer in Corporate Services. Each Department within the Council has a nominated Freedom of Information Decision Maker at Administrative Officer level. All requests must be acknowledged within the statutory timeframe of 2 weeks after receipt and subject to the provisions of the Act, ‘ a head shall, as soon as may be, but not later than 4 weeks after the receipt of a request under Section 7 of the Act’ -

a) Decide whether to grant or refuse to grant the request or to grant it in part b) If he or she decides to grant the request, whether wholly or in part, determine the form and manner in which the right of access will be exercised, and c) Cause notice, in writing or in such other form as may be determined, of the decision and determination to be given to the requestor concerned

The Council is committed to making information available to the public to the widest extent possible, consistent with the need to protect the right to privacy of the individual and the obligations placed on the Council to protect certain types of information (subject to a public interest test).

Where it is possible to make information available to the public without recourse to the Act the Council will use this option, thereby avoiding the inconvenience caused to the public in having to formally avail of the Act to obtain access to specified records.

Under the provisions of the Freedom of Information Act, 1997 members of the public have a right of access to the following records held by or under the control of Dun Laoghaire- Rathdown County Council, unless such records are exempted under the Act or otherwise publicly available:

All records created after the commencement of the Act i.e. 21st of October 1998.

Such records of a non-personal nature created before that date as may be required to understand records created after the commencement of the Act

Personal records regardless of when created

Making an Application under the Act - Procedures to be followed by the Public

• Requests must be made in writing and addressed to the Freedom of Information Officer, namely Ms. Lynda Fox, Communications Office at County Hall, Dun Laoghaire, Co. Dublin

Requests must specify that the access to records is being sought under the provisions of the Freedom of Information Act, 1997

Requests must identify the records that are the subject of the Request

Requests should not be vague and must contain sufficient information to enable the Council identify the records in question with a minimum of delay

Requests must specify the format in which access to records is sought, for example, photocopy of records, viewing of file, computer disc etc

A fee may be charged by the local authority equal to the estimated cost of search and retrieval and/or copying of the record for the requestor

Rights of Review/Appeal:-

74 The Freedom of Information Act provides for a comprehensive appeals system against initial decisions taken on requests under the Act. The majority of all appeals must, initially, be made to a higher Authority within the Council. If the requester is dissatisfied with the outcome of the appeal he/she may then proceed to appeal that decision to the Information Commissioner.

Reasons for Decisions – access to records and exempt records The Council are aware that the ability to give a rational explanation for a decision is central to good decision making in all areas of administrative law. It should be noted that the balance is weighed in favour of giving the public access to records wherever possible, unless there is a very good reason for not doing so. Section 8 of the FOI Act requires that a notice be given of the decision, including the reasons for each decision. The statement of reasons should show a connection, supported by a chain of reasoning, between the findings of fact and the decision. A decision-maker must look at each specific record, or separate part of a record, and state specifically why access to it is being refused, if indeed this is the case.

What does this mean in practice? When access is refused by the FOI decision maker in the relevant department, the FOI Coordinator must advise the requester of the following, having regard to the particular requirements of each exemption:

a) a schedule of records that comes within the scope of the request, without revealing exempt matter b) why the records are sensitive c) the exemptions claimed for different records (or parts of records) and why each applies d) what the likely consequences of release may be e) Arguments for and against disclosure, where appropriate

The notice must contain the real reasons for not disclosing documents. Embarrassment at either political or administrative level is not a reason to deny access.

Standard of Proof and Public Interest Test In any review by the Information Commissioner, the onus of proof that the decision was justified rests with the Council. The FOI Coordinator should establish that the records in question contain exempt matter. S/he does this by making findings of fact that establish that the record:

a) Is of a type described in an exemption ( refer Part 111 of the Act, Sections 19-32) b) And where required, one of the effects described in the exemption could reasonably be expected to follow if it were disclosed

Where the exemption is limited by the public interest test, The FOI Co-ordinator will consider the relevant competing public interest factors. This consideration should be conveyed to the requester, including those factors which influenced the decision in weighing the various public interests and deciding where the balance of the public interest might lie.

A proper FOI decision: Summary A proper FOI decision must be based on the detailed and complete evidence required in the context of the particular circumstances and the exemption provision at issue, with reference to the relevant sections of the Act This foundation of the decision in properly considered evidence must be reflected in the statement of reasons and in its references to the material supporting the findings made. The public interest test, where relevant, should be applied

75 Dún Laoghaire-Rathdown FOI Statistics January - September 2009 – Total no of requests for information Jan– 46 Sept 09 Requests granted 17 Requests part-granted 20 Requests refused 5 Requests withdrawn 2 Requests in progress 2 Internal Reviews 4 Appeals to Information Commissioner 4 Category of requestor Journalists – 9 Business interest – 10 Others – 27 (including those seeking personal information)”

C/560/09 Planning Documents Online

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

“That the Council take steps to limit the breach of privacy involved in having planning documents online indefinitely in a manner that is searchable by public search engines, given that this allows public access to the home address of any person who happens to make a planning application.”

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

“Section 38 (1) of the Planning and Development Act, 2000 requires a planning authority to make available a copy of all documents associated with a planning application and that these documents should remain available for inspection for at least 7 years after the decision (Section 38(2))

The Planning and Development Regulations, 2001 provided for the submission of the applicant’s address as part of the application form. However in order to satisfy the requirements of the Data Protection Acts 1988 and 2003 legislation, the format of the application form has been changed as recommended by the “Development Management Guidelines for Planning Authorities” published by the Department of the Environment, Heritage and Local Government in June 2007 and additional contact information including the applicant’s address is now no longer part of the planning file for public access and therefore not scanned for inclusion on the Council’s website. This additional contact information also includes phone numbers, fax numbers and email addresses.

Applicants are also requested to opt in to receive direct marketing on the front page of the application form following a request by the Data Protection Commissioner in order to avoid applicants being targeted by persons in the business sector.

Considerable efforts have been made to protect the privacy of all parties involved in the planning process. The front page of the planning application form explains in detail how persons can avoid direct marketing arising out of a planning application and similar information is contained on the Weekly Planning List.

76 It should be noted that complaints relating to breaches of privacy arising out of planning matters are rare and where such issues are raised, serious consideration is given to any such complaint.

If the Councillor has knowledge of any specific case he wishes to bring to the attention of the Planning Department, it will be dealt with confidentially and promptly”

C/561/09 Upgrading of the Council's Website

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

“That the Manager prepare a report on the upgrading of the Council's website to ensure a clearer layout of material and to ensure that the website displays properly across the range of common web browsers.”

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

“Website Upgrade:

A Steering Group consisting of staff from the Communications Office and Information Technology sections was established in October 2008 to progress the redesign and future development of the Council’s website. An Action Plan to focus the project was developed in November 2008.

A project team has been established to implement the Action Plan, and the team has met since January on a weekly basis, overseen by the Steering Group.

Achievements to Date:

A staff survey was undertaken in February. 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.

A website visitor survey was publicised in the DLR Times and made available on Council website in March and April. There has been a limited response to this, but feedback has confirmed that our approach is the correct one. For example, respondents sought improved search facility on site; a more ‘transactional’ customer focus is preferred, organised by a desire ‘to do’ rather than source information by departmental function

Website Usage 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 the Communications Office and ITC. The Communications Office is now responsible for agreeing what information is placed on homepage

77 Technical guidelines have been 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

New homepage and ‘departmental’ page design has been agreed by project team which reflects suggestions by staff and management, and visitors to the Council’s website

Contract with new website hosting service has been agreed. This change will significantly improve the Council’s access to relevant website usage statistics

The project team is working to an agreed Communications Action Plan which identifies key stakeholders with whom the team should engage at different stages of the project. This includes staff, management, elected members, members of the public, and the media

Based on requests received by the Comms Office, the team have piloted an RSS feed to enable customers to sign-up for alerts when new content is added to the site

The new website design created by the Council’s ITC Department has been inputted into the Content Management System (Terminal 4) and ITC are currently inputting all content from the Transportation Department. Once this has been complete and any issues resolved, this process will continue across the organisation

Display: The majority of web users use a variation of internet explorer (71.5%) and Firefox Mozilla (19.01%), and the remaining 10% use a combination of other browsers including opera, safari, mobile browsers, etc.

The site is checked for compatibility with the most popular browsers and the site at present is multi-browser compatible.”

C/562/09 Re-entering of Items

It was AGREED to RE-ENTER Item No. 13, Item No. 14, Item No. 17, Item Nos. 20 – 27, Item Nos. 29 to 39, Item No. 43 to 45, Item No. 47 and Item No. 49 to the December Meeting of the County Council.

C/563/09 Conclusion of Meeting

The meeting concluded at 8.00 p.m.

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