(Public) 12/12/2011, 17.00

Public Document Pack

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 12 December 2011 at 5.00 pm

PRESENT

Bailey, John F Joyce, Tom Bailey, Maria Lewis, Hugh Baker, Marie Marren, Donal Bhreathnach, Niamh McCarthy, Lettie Boyhan, Victor Murphy, Tom Brennan, Aoife O'Callaghan, Denis Devlin, Cormac O'Dea, Jim Dillon Byrne, Jane O'Keeffe, Gearoid Fitzpatrick, Stephen Richmond, Neale Fox, Tony Saul, Barry Halpin, Melisa Smyth, Carrie Hand, Pat Stewart, Patricia Horkan, Gerry Tallon, Grace Humphreys, Richard Ward, Barry

An Cathaoirleach, Councillor John F. Bailey presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager and Director of Planning), Tony Pluck (Director of Corporate Services & IT), Charles Mac Namara (Director of Housing), Frank Austin (Director of Water & Waste Services), Tom McHugh (Director of Transportation), Gerard Hayden (Director of Human Resources & County Development Board), Richard Shakespeare (Director Of Environment, Culture & Community), Helena Cunningham (Director of Finance), Andrée Dargan (County Architect), John Guckian (Senior Executive Officer Environment, Culture & Community), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services)

C/1017/11 Vote of Condolence

A vote of condolence was passed with the family of Mr. Dave Gorman R.I.P., Executive Engineer, Transportation Department.

A vote of condolence was passed with the Irish Jewish Community and the family of Justice Hubert C. Wine R.I.P., District Judge in Dún Laoghaire.

A vote of condolence was passed with the family of Mrs. Annette Cleary R.I.P., Community Activist in the Shankill Area.

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

C/1018/11 Adjournment of Meeting

It was AGREED to conclude the meeting at 7.15 p.m.

C/1019/11 Confirmation of Minutes

Minutes of Meeting of County Council held on Monday, 12 th December 2011

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

“That the minutes of County Council meeting held on 14 th November 2011 be ADOPTED and APPROVED .”

C/1020/11 Questions

It was proposed by Councillor L. McCarthy, seconded by Councillor P. Hand and RESOLVED:

“That pursuant to Standing Order No. 92 question numbers A.1 to A.24 be ADOPTED and APPROVED .”

C/1021/11 Policy on Street Furniture and Sandwich Boards

Question: Councillor M. Baker “To ask the Manager to supply a copy of the policy on street furniture and sandwich boards to all Councillors and also to display a copy on the Council's website?”

Report: “The policy on street furniture and sandwich boards will be made available to Councillors and placed on the Council website when all details are finalised.”

C/1022/11 Vehicles Available in the Event of Heavy Snow

Question: Councillor M. Baker “To ask the Manager how many snow ploughs, gritting trucks and other vehicles are available for use by Council staff in the event of heavy snow?”

Reply: “The Council have acquired 4 new snow ploughs which brings the total to nine.

We have 11 gritting routes but we have 14 gritters because we need spares which are mounted on Council trucks except for one hired truck.

We also have a JCB. It should also be noted that we hire other machinery as required.”

C/1023/11 Goods and Services Liable to Rates of VAT

Question: Councillor V. Boyhan “To ask the Manager to provide a list of Council goods and services that is liable to rates of VAT?”

Reply: “The following goods and services are liable to VAT:

2 Goods/Service Rate Allotments Standard Artefacts Standard COCO Markets Standard Composters Standard Directional signage Standard Filming Standard Hire of halls/rooms Standard Internet access Standard Off street parking Standard Office/site rental Standard Photocopying Standard Puclic Conveniences Standard Removal of abandoned cars Standard Royalties Standard Telecommunication licences Standard Cemetery services Standard/Reduced Footpath dishing Reduced Green Fees Reduced Property sales Reduced Recycling Reduced Refuse bags/ labels Reduced Tiphead operations Reduced

The current standard rate of VAT is 21% to be increased to 23% in 2012. The reduced rate is 13.5%.”

C/1024/11 Financial Statements on Current and Capital Accounts

Question: Councillor V. Boyhan “To ask the Manager to provide Council with a financial statement on the current and capital accounts?”

Reply: “Revenue Account: In accordance with Circular Fin 03/2009 the Council is required to keep its revenue and capital accounts in balance each year. To date this requirement has been complied with and it is projected that the revenue account will continue to remain in balance during 2011.

Capital Account: Having regard to the unspent development levies on hand the Department of the Environment Community and Local Government has given approval to the Council to use funds on hand up to a limit of €38m during 2011 to progress the Capital Programme and capital expenditure in 2011 will remain within this limit.”

C/1025/11 Budget

Question: Councillor V. Boyhan “To ask the Manager to bring a report to Council indicating if the 2011 Budget is on target and in line with that approved by Councillors, and to indicate if there are any areas of concern in relation to income or expenditure at this stage in the financial year?”

Reply: “Outturn 2011: There is a strict requirement on all local authorities to maintain a balanced budget on the revenue account and accordingly a number of detailed reviews of the 2011 Budget were undertaken throughout the year. I am confident that a net balanced budget will be achieved for 2011. This represents a very satisfactory outcome given the very difficult operating environment the Council faced during the year. It will be achieved despite additional expenditure incurred by Roads Maintenance and Water Services early in the year as a consequence of the very bad weather and an excess of pensions/gratuities expenditure over budget due to early retirements.

The Council expects to achieve a saving of €600,000 in 2011 in the cost of bulk water purchased from Dublin City Council and a saving of €466,000 in the cost of the Ringsend WWTP compared with the provisions in the Budget. In addition, provision of €600,000 was made in the 2011 Budget for operating costs associated with the Shanganagh Waste Water plant in 2011. However, the plant will not now open until 2012 and therefore the 2011 provision has been capitalised and will be offset against the 2012 operational costs.

A dividend payment of €0.516m due in 2011 from our insurers IPB was not budgeted for and has been used to create a reserve to fund pensions/gratuities of staff, who are expected to avail of early retirement in advance of the February 2012 enhanced pensions deadline.”

C/1026/11 Capital Programme Spending

Question: Councillor V. Boyhan “To ask the Manager to set out a proposed timetable for a schedule of Council projects under Capital Programme Spending and to provide copies of all circulars and communications with the Department of Environment, Community & Local Government on the matter since June 2011?”

Reply: “The Manager brought a detailed report on the Three Year Capital Programme 2011 - 2014 for consideration by members to the May Council meeting.

In accordance with S135 of the Local Government Act 2001 the Manager shall before the start of the financial year prepare a report on the three year capital programme which may be considered at the budget meeting or at such other meeting as the elected council may by resolution decide.

Having regard to the short time that has elapsed since the consideration of the current three year programme and pending confirmation from the Department of the Environment Community and Local Government that it is in order to utilise funds on hand to progress the capital programme in 2012 I recommend that consideration of the three year capital programme 2012- 2015 be deferred until the March 2012 Council meeting.”

C/1027/11 Incinerator Project at Poolbeg

Question: Councillor V. Boyhan “To ask the Manager to report on the Council’s legal, financial, or contractual obligations, directly or indirectly, in relation to the Covanta incinerator project at Poolbeg?”

Reply:

4 “Under Section 18.8 Energy Recovery, the current Regional Waste Management Plan provides for the construction of a Waste to Energy facility through a public private partnership. This plant has been taken successfully through the various statutory processes required to a point where construction can be commenced. A Project Agreement is in place between Dublin City Council, acting on behalf of the four Dublin Local Authorities, and Dublin Waste to Energy Ltd for the provision of the facility however, a number of items have, for various reasons, yet to be finalised in relation to proceeding with construction.

The Government has indicated that it intends to bring forward a revised Waste Policy statement before the end of 2011 with legislation to follow. With this in mind, the period for discussion of the outstanding items between the parties to the Project Agreement has been extended on a number of occasions and it is currently extended to the end of February 2012.

As part of the discussions between the parties, regard is being had to the exposure of the Local Authorities. Under the Project Agreement, the Authorities were responsible for a number of elements, including the acquisition of the site and ancillary costs. Under the terms of the Project Agreement these costs will ultimately be recouped through a revenue sharing arrangement in relation to energy produced by the facility. In this way, the investment by the Councils will be recouped over the period of the contract.

It is anticipated, based on the analysis of waste arisings/production within the Region, that the facility will operate above the level required for optimum operation and that commitments in relation to “put or pay” clauses will not therefore apply.

It is expected therefore that the facility will ultimately be self financing and that the diversion of waste from landfill, improvements to the carbon footprint of the Region and the energy and heat generated will provide a significant environmental benefit.”

C/1028/11 Scanning of Planning Application Documents

Question: Councillor S. Fitzpatrick “To ask the Manager why it can take up to 28 days for Dún Laoghaire-Rathdown County Council’s Planning Department to scan in planning application documents and if the Manager will make a statement on efforts to improve efficiency of the current service?”

Reply: “Scanning planning applications is part of a process which requires the validation of planning applications in the first instance. The validation process currently takes an average of 6 days to complete. In 2011 less than 7% of applications were rejected as invalid, resulting in a total in excess of 93% of applications being valid – one of the highest rates in the country. Once files have been validated, they are sent for scanning on the Friday of each week. By Friday the following week, files are available for viewing on the internet. Therefore, files are generally available for viewing within 7 to 14 days of registration.

The on line service provided by the Planning Department is not a statutory requirement but is an additional service to assist the general public.”

C/1029/11 Part 8 Projects

Question: Councillor R. Humphreys

5 “To ask the Manager to provide an overall list of Part 8 projects either planned or underway in the County, broken down by Ward, indicating the stage each is currently at?”

Reply: Transportation The numbers of Part 8 projects planned at this time are several, if the Council is allocated the finance by the NTA, NRA or DOT. We are hopeful of funding for a few schemes to improve connectivity over the M50, but it is too early to state, because these projects have not been presented to the Council or area committee.

Also we have plans for a part 8 for Shankill Dart car park and open space development but this is postponed until 2012.

We are reluctant to present Part 8 proposals to the Council unless funding is secure.

At some stage the projects associated with the Sandyford Urban Framework will be presented for Part 8 approval

Planning The following is a list Part 8 planning permissions granted or currently on display from 2007 to date and broken down by Ward that are either outstanding or under construction:

Ballybrack Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/01/08 Kilbogget Park (vicinity of Jun, Phase 2 in 2014+ (No capital funding Ashlawn, Coolevin & Wyattville 2008 currently available). Estates): Partial demolition & construction of two-storey extension to clubhouse PC/14/08 Resource centre at Stonebridge Mar, Works have commenced, early Road, Shankill, Co. Dublin 2009 November, 2011. PC/13/09 Improvements to recreational May, All-weather pitch completed with facilities at Kilbogget Park. 2010 exception of car park. PC/03/10 Loughlinstown Leisure Centre, Sept, Commenced October, 2011. Loughlinstown, Co. Dublin: 2010 Construction of a new swimming pool & changing facilities, 4 synthetic playing pitches, increased car-parking & ancillary site works. PC/05/10 M11/N11 Traffic Management Sept, Wicklow Co. Co. have not proceeded Measures – Wilford Interchange 2010 with Part 8; Improvement Scheme Scheme in abeyance. PC/07/10 Projects at Killiney Hill Park, Nov, Tenders received, Sept, 2 011. Killiney Co. Dublin: Extension to 2010 Construction to commence in early existing pavilion at Victoria Gate 2012. to provide new coffee kiosk & new public toilets. PC/03/11 Quinn’s Road, Shankill, Co. Sept, Phase 1 clubhouse for Bowling to Dublin: Recreational 2011 commence in 2012. No timescale for improvements Phase 2 works.

Blackrock Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/02/08 Carysfort Maretimo Stream June, Currently under construction. Due for Improvement Scheme 2008 completion Summer, 2012.

6 PC/11/09 Carysfort Maretimo Stream Jan, Currently under construction. Due for Improvement Scheme. 2010 completion Summer 2012. Proposed Supplementary Works at Stillorgan Park Road, Dunardagh, Temple Hill & Sweetman House, Newtown Ave PC/08/10 Refurbishment & extension of Oct, Working drawings in progress for Deansgrange Library 2010 tender.

Dún Laoghaire Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/04/07 Refurbishment & extension of St, Sept, Tender Stage Michael’s Park 3-bay halting site 2007 at Soldiers & Sailors Field, Monkstown, Co. Dublin. PC/10/07 Sallynoggin playing fields: Dec, Improvements to park completed. Renewal of changing rooms 2007 Changing rooms subject to Sports Capital Grant. PC/05/08 Pottery Road Improvement Dec, Detail design is being undertaken. Scheme 2008 The Council is seeking funding that would allow it proceed with this project. PC/11/08 Extension to creche, - Marine Feb, Work has not commenced due to Road, Dún Laoghaire. 2009 lack of funding. PC/12/08 New Metals Walkway, Phase I Feb, Substantial completion on Phase 1 of incl. a deck over the DART line 2010 the Metals was reached on 26.10.11. adjacent to Queen’s Road and The works are on going but nearing upgrade of Marine Road, Crofton completion. Road & Queen’s Road, Dún Laoghaire, Co. Dublin. PC/01/09 Refurbishment & extensions to May, Included in 2011 to 2014 Capital the Pavilion & Gate Lodge & 2009 Programme. ancillary works at The People’s Park, Dún Laoghaire, Co. Dublin PC/02/09 Improvements to recreational Nov, Ball-stop netting to be installed. facilities @ Hyde Park, Dalkey, 2009 Co. Dublin PC/08/09 Construction of a Central Library Nov, Work has not commenced. & Cultural Centre at Moran Park, 2009 Queen’s Road, Dún Laoghaire, Co. Dublin PC/01/10 Laneway improvements, Dún May, Works have not commenced. Laoghaire, Co. Dublin 2010 PC/06/10 New Metals Walkway Phase 2, Sept, Works substantially complete. incl. a deck over the DART line, 2010 between Pavilion carpark and Haigh Terrace, Dún Laoghaire, Co. Dublin.

Dundrum Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/03/07 Broadford Rise, Ballinteer. Oct, Work has not commenced, no capital Proposed Housing Development 2007 funding currently available. of 21 self-contained senior citizen units, community room PC/04/09 Improvements to recreational July, No funding provided for in current facilities at Loreto Pk, 2009 capital programme 2011-2014. Rathfarnham, Dublin 16

7 Stillorgan Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/02/10 Facilities at Cabinteely Park May, Project No. 2 (Coffee shop) (which is within the cutilage of 2010 completed in October, 2011. Project a Protected Structure) No. 1 (Toilet block) will commence early 2012 and Project No. 3 work has not commenced. PC/02/11 Brewery Rd – Leopardstown July, Construction commenced October Road Pedestrian & Cycleway 2011 2011. Scheme

Glencullen/Sandyford Electoral Area File Ref. Proposal/Location Decision Progress Report No. Date PC/01/07 The construction of 15 units on June, Works have not commenced; no site at Cromlech Close, 2007 capital funding currently available. Kilternan, Co. Dublin PC/06/07 Enniskerry Rd, Sandyford, D. Nov, Site being transferred to the Housing 18: Construction of a resource 2007 and Sustainable Communities Ltd. centre and 155 social & under the Land Aggregation Scheme. affordable units together with 102 surface car parking spaces and 84 spaces provided under the apartment blocks and ancillary site works. PC/07/07 Blackglen Road/Harold Grange Nov, Design 90% completed. C.P.O. at Road Improvement Scheme 2007 advanced stage. Works have not commenced PC/11/07 Ballyogan Road: Modifications Feb, Currently under construction. Due to new storage / utility 2008 for completion, Spring, 2012. building / administrative office and ancillary yards (Re. Ref. PC/15/06) at a site off Ballyogan Road with frontage to the former tip head, Ballyogan, Dublin 18 PC/09/08 Proposed Glencullen Water Sept, Major portion of Scheme completed. Supply & Improvement 2008 Wayleave documents have been Scheme prepared to facilitate completion of remainder. PC/13/08 Marlay Golf Pavilion Mar, Due to commence construction in 2009 early 2012. PC/07/09 Construction of a new sports Dec, Has not commenced due to facility building at the edge of 2009 budgetary constraints – not provided Stepaside Public Golf Course at for in current capital programme Jamestown on the Enniskerry 2011-2014. Road, Stepaside, Co. Dublin PC/10/09 Marlay Park Sports centre & Jan, All-weather pitch included in 2011- all-weather pitch 2010 2014 Capital Programme. No current timescale for Sports Building. PC/12/09 Improvements to Marlay Jan, Completion in 2012. Demense overflow car-park 2010 PC/14/09 Samuel Beckett Civic Campus, Feb, Not commenced yet. Ballyogan Road, Dublin 18 2010 PC/04/10 Carpark: Marlay Demense, Oct, Included in 2011 to 2014 Capital College Road, Dublin 16. 2010 Programme. PC/04/11 Burton Hall Road Extension Currently out on public consultation

C/1030/11 Estimates for Road Deaths/Serious Injury

8 Question: Councillor R. Humphreys “To ask the Manager for the latest figures or estimates for (a) road deaths, (b) serious injury and (c) any injury for each of the 5 years from 2007 to 2011 to date inclusive?”

Reply: All statistics are compiled by the Gardaí in conjunction with the RSA.

There are no figures available yet for years 2010 or 2011.

This subject is considered to be too serious and too sensitive to be providing estimates which may not be accurate.

The figures for years 2007, 2008 and 2009 are as listed below.

Collision trends in DLRCC 2007-2009 Year 2007 2008 2009 Fatal 4 1 1 Injury 123 222 238 Total 127 223 239

Serious injuries in DLRCC 2007-2009 2007 2008 2009 13 11 14 C/1031/11 List of Sculpture or Public Art

Question: Councillor R. Humphreys “To ask the Manager if he will issue a corrected list of sculpture or public art in the County broken down by Ward given the inaccuracies relating to the Stillorgan Ward in the list provided at the November 2011 meeting; if he will also provide full details of the art in storage at present; and if he will redress the imbalance against the Stillorgan Ward by arranging for some of the stored sculpture to be erected in the Stillorgan Ward?”

Reply: “The Arts Office will audit all public art works (both sited and in storage) and prepare a report for the circulation to Councillors in January 2012.”

C/1032/11 Parked Vehicles Containing Advertising Boards

Question: Councillor R. Humphreys “To ask the Manager for a further updated report on complaints received regarding parked vehicles containing advertising boards and the action taken in each respect whether under section 71 of the Roads Act 1993 or otherwise?”

Reply: “The reply below was provided to a recent Council meeting. There is no further update report on complaints received, however if the Councillor is aware of any specific location, the Transportation Department will address it.”

"Section 71 of the Roads Act, 1993 deals with the issues of unlawful signage on a public road and the placement of vehicles or structures on a public road for the purposes of advertising, the sale of goods or similar purposes.

9 The Act gives a road authority power to remove, store and dispose of signs, vehicles or other structures.

Dun Laoghaire Rathdown Transportation Department have recently had vehicles on the public road removed by their owners following notification to them of the offence under the Act and the power given to the road authority under the Act in the event of their refusal to remove the vehicles.

Some of these complaints relate to taxis and commercial vehicles at various locations throughout the County and are being dealt with on an ongoing basis by the Transportation Department under Section 71 of the Roads Act, 1993."

C/1033/11 Proposed Cemeteries Bye-Laws

Question: Councillor R. Humphreys “To ask the Manager for a further update on the status of the Proposed Cemeteries Bye- laws?”

Reply: “A review of bye-laws for the cemeteries is underway and a report will be presented to a Council meeting shortly.”

C/1034/11 Technology Fund

Question: Councillor H. Lewis “To ask the Manager why he mislead the Council in last months question re cost efficiency and the new Technology Fund?”

Reply: “The reply that was issued last month was not misleading information. It explained the basis on which procurement is carried out where a business need has been identified for an item of technology i.e. that items of technology are purchased only after functionality, cost, and value for money have been assessed.”

C/1035/11 Cuts to Rent Allowance

Question: Councillor H. Lewis “To ask the Manager what measures will be taken to protect tenants if cuts to rent allowance are brought in through the national budget?”

Reply: “Any cuts to rent allowance will not affect Council tenants as all lettings, either for social housing or RAS tenancies, are let under the Differential Rent Schemes which allow for the calculation of rent on the basis of household income.”

C/1036/11 Recreational Works at Stonebridge

Question: Councillor H. Lewis “To ask the Manager to always inform Councillors when monies are allocated from central government such as that finance that will allow recreational works go ahead at Stonebridge?”

10 Reply: “In October 2011 the Department of Transport, Tourism and Sport allocated 80% funding (totalling €260,000) to Dún Laoghaire-Rathdown for 17 local authority backed sports projects as follows. Location Proposed works Newtownsmith Outdoor exercise equipment Blackrock Park (with safety surfacing and instructional Balawley Park signage)

Beechpark, Foxrock Stillorgan Grove Cluny Park Repairs to public tennis courts The Gallops The Maples, Clonskeagh

Sandyford Soldiers and Sailors Grass pitches to be renovated at these Kilbogget Park locations Shanganagh Park Marley Park.

Kilbogget Park (Coolevin) Floodlightiing to existing MUGA (multi-use games area) Balawley Park A half MUGA (surfacing, fencing with a built-in goal and basketball hoop) The Gallops open space A MUGA (multi-use games area) to include drainage, fencing, goals and basketball hoops

Cabinteely Park Three junior sized grass pitches will be developed Stonebridge Road, Shankill Two senior sized grass pitches will be developed for soccer and GAA

Following a National press release issued by Minister Michael Ring on the 13 th of October 2011, The Communications Office issued a press release to local media and Councillors confirming that Dún Laoghaire Rathdown would benefit from funding in relation to the announcement. This practice will continue.”

C/1037/11 Differential Rates

Question: Councillor H. Lewis “To ask the Manager to explore the option of differential rates before the introduction of next years budget?”

Reply: “There are numerous pieces of legislation dealing with the making of the rate by Rating Authorities. Section 61 of the Poor Relief (Ireland) Act 1838 refers to the making and levying of such rate as may be necessary on every occupier of rateable hereditaments. Section 29 of the Local Government Act 1946 provides that “a rating authority shall, either immediately prior to or at the beginning of each local financial year, make one rate for the whole local financial year and shall collect such rate in equal moieties, one such moiety for each half year of such local financial year”

One of the more relevant items of legislation is Section 45 of the Local Government Act 1994, outlined underneath, which deals with Budget Meetings & the making of the Rate.

11 "A rating authority shall immediately prior to, or as soon as may be after, the beginning of each local financial year, make one rate for the whole financial year (upon the hereditaments liable for rates according to the valuation of each hereditament in the latest valuation list transmitted by the Commissioner of Valuation at the time of adoption of estimates of expenditure) and shall collect such rate in equal moieties, one such moiety for each half year of such local financial year.

Therefore a local authority does not have the legal authority to have more than one rate and the option of having different classes of rates for different categories of businesses is not permissible under current legislation. If legislation was amended to enable a local authority to have different classes of rate for different categories of businesses and if the local authorities rates income was to remain unchanged then the loss of income arising from the reduction in one or more classes of rate would have to be offset by an increase in the rate or rates charged to the other businesses.”

C/1038/11 Luas Levy Scheme

Question: Councillor L. McCarthy “To ask the Manager to please explain the process involved in reviewing the Luas Levy scheme?”

Reply: “Re: Supplementary Development Contribution Scheme – Luas Line B1 - Section 49 Planning & Development Act 2000, as amended Adoption of the Supplementary Development Contribution Scheme

At their meeting of the 13 th of January 2003, the Members of Dún Laoghaire-Rathdown County Council adopted a Supplementary Development Contribution Scheme under Section 49 of the Planning & Development Act, 2000 for the purpose of part financing the extension of the Luas Line from Sandyford to Cherrywood(Luas Line B1).The Scheme became operative after its adoption by Members of the Council and applied to all relevant planning decisions made after that date.

DURATION OF THE SUPPLEMENTARY DEVELOPMENT CONTRIBUTION SCHEME

Item 20 of the Scheme provides as follows: “This supplementary development contribution scheme shall take effect upon the formal adoption of this scheme by the Council of the County of Dún Laoghaire- Rathdown . The duration of the SDCS shall be for a period of 25 years from that date unless and until some other period of time shall be substituted for that period by order of the Dún Laoghaire-Rathdown County Council.

The level of contributions received will be monitored on a regular basis, and if the anticipated contribution generated by the Scheme is realised earlier than 25 years, then proposals in this regard will be submitted to the elected members of Dún Laoghaire- Rathdown County Council.”

Clause 21 of the Scheme provides as follows in relation to reviewing the Scheme - “This supplementary development contribution scheme provides a level of contribution that shall be updated each year during the life of the scheme at a fixed compound interest rate of 5% per annum. The supplementary development contribution scheme may be reviewed from time to time by the Planning Authority having regard to circumstances prevailing at that time. Where it is proposed to reduce the level of contributions payable this may be attained by an amendment to the existing scheme

12 when agreed upon by the elected members. Any increase in contributions will require the adoption of a new or amended scheme by the Council of the County of Dún Laoghaire-Rathdown.”

C/1039/11 Flooding in the County

Question: Councillor D. O’Callaghan “To ask the Manager to state if the Council is going to seek either Government or European funding to deal with costs associated with widespread flooding in the County on the 24-10-11?”

Reply: “The Department of Social Protection, Department of Environment, Community and Local Government through the Community welfare officers are allocating emergency payments to help with the immediate needs, details are on their website www.welfare,ie . In addition the Red Cross has launched an appeal to create a fund to assist affected persons.

This is the only source of funding of which we are aware to cover costs associated with the events of 24 th October.”

C/1040/11 Enlarge Capacity of Drainage on Public Roads

Question: Councillor J. O’Dea “To ask the Manager if the Council has any plans to enlarge the capacity of the drainage on public roads to cope with higher than average levels of rainfall?”

Reply: “Certain locations that suffered flooding as a result of overland flow have been referred to Transportation Department for investigation to ascertain if measures can be put in place to reduce the risk of flooding of properties. Water Services will be working with Transportation to develop solutions, where practicable.”

C/1041/11 Athletics Track in Belfield

Question: Councillor N. Richmond “To ask the Manager if he has had any discussion with UCD in relation to the future of an athletics track in Belfield or if there are any other plans to construct an athletics track in the County?”

Reply: “It is my understanding that no discussion has taken place with UCD in relation to the Athletic track. The Council has no plans to construct an athletics track within the County.”

C/1042/11 Litter Fines Issued in 2011

Question: Councillor B. Saul “To ask the Manager to make available for inspection, a record of all litter fines issued in 2011, with the current status of each fine?”

13 Reply: “A total of 942 litter fines have been issued in 2011. The following is a breakdown of the current status of these fines:

Paid: 579 Awaiting payment / prosecution prepared: 254 Cancelled: 109

C/1043/11 Cycle Parking

Question: Councillor C. Smyth “To ask the Manager to list the locations submitted for inclusion in the “Smarter Travel, Better Living - Cycle Parking At Public Spaces” scheme in response to the advertisement?”

Reply: “In response to a request for specific locations for cycle parking on public areas in September 2011 no submissions were received. Cycle parking is currently being or has been provided at the following locations in 2011, all funded by the National Transport Authority.

• Don Marmion Car Park Dundrum (sheltered) • Main Street Dundrum at the bus gate (Sheltered) • N11 at Brewery Road (Sheltered) • Outside DLR Leisure Service Centres • Various parks.

Further funding for cycle parking will be sought from the National Transport Authority in 2012. Any other location where there is a shortfall of cycle parking should be brought to the attention of the Sustainable Travel Officer (Extn: 4644) by email to [email protected]”

C/1044/11 Cycle Parking at Public Spaces

Question: Councillor C. Smyth “To ask the Manager to list the locations in my previous question where “Cycle Parking At Public Spaces” has and will be installed?

• Don Marmion Car Park Dundrum (sheltered) • Main Street Dundrum at the bus gate (Sheltered) • N11 at Brewery Road (Sheltered) • Outside DLR Leisure Service Centres • Various parks.

14 C/1045/11 List of Education and Training Courses in accordance with Section 142 (5) of the Local Government Act 2001

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

“(a) Nuclear Free Local Authorities Ireland Seminar, Council Chamber, Wexford Civic Offices, Carricklawn, Wexford; 11 th November 2011 (b) Nuclear Free Local Authorities Steering Committee – 2011 Annual Policy Briefing Seminar – Council Chamber, Newry and Mourne District Council, Council Offices, Monaghan Row, Newry, BT35 8DJ, Northern Ireland; 25th November 2011 (c) The Irish Parking Association – Parking Ireland 2011 Seminar, Burlington Hotel, Dublin 4. 10 th November 2011 (d) Modern Alternatives to the Extinction of Fossil Fuels, Celtic Ross Hotel, Rosscarbery, West Cork; 18 th – 20 th November 2011 (e) Public Sector Expenditure, Where is Ireland spending above the odds? , The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 6th – 8 th December 2011 (f) Local Government (Charges) Act 2009, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 16 th – 18 th December 2011 (g) Proposed Reform of the Common Agricultural Policy, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry; 9th – 11 th December 2011 (h) ‘Health & Safety’ and the Councillor, The Insurance & Liability Issues, Clonmel Park Hotel, Clonmel, Co. Tipperary; 9th – 10 th December 2011 (i) Microsoft Office Applications & Revenue On – Line Service Workshops, Celtic Ross Hotel, Rosscarbery, West Cork; 9th – 11 th December 2011 (j) Promoting Volunteerism, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo; 2nd – 4 th December 2011”

It is recommended that the following resolution be adopted by the Council;

“That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

It was proposed by Councillor T. Joyce, seconded by Councillor M. Baker and RESOLVED :

“That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/1046/11 Approval of Nominations in accordance with Section 142 (5) of the Local Government Act 2001

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

“Social Housing Assessment Regulations 2011, Carlton Atlantic Coast Hotel Westport, The Quay, Westport, Co. Mayo, 14 th – 16 th October 2011. • Cllr Barry Saul – (Cancelled - Could not attend) • Cllr Jim O’Dea – (Cancelled - Could not attend)

15 Strategic Planning for 2012 – Creating a practical plan for maximum personal productivity in 2012, Maldron Hotel Portlaoise, Midway, Abbeyleix Road, Portlaoise, Co. Laois, 11 th – 13 th November 2011. • Cllr Grace Tallon – (Cancelled - Could not attend) • Cllr Victor Boyhan • Cllr Barry Saul

The role of the Regional Authority in the operation of and policy making in Local Government, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 21 st – 23 rd October 2011. • Cllr Maria Bailey – (Councillor did not attend this conference)

Local Government Powers to create/abolish Rights of Way, Changes in the law in respect of Rights of Way introduced under the Land & Conveyancing Law Reform Act 2009, Future Implications for Landowners, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 4th - 6th November 2011. • Cllr Tony Fox • Cllr Maria Bailey • Cllr Pat Hand

Nuclear Free Local Authorities Ireland Seminar, Council Chamber, Wexford Civic Offices, Carricklawn, Wexford, 11 th November 2011. • Cllr Victor Boyhan • Cllr Pat Hand • Cllr Tony Fox

The Irish Parking Association – Parking Ireland 2011 Seminar, Burlington Hotel, Dublin 4, 10 th November 2011. • Cllr Victor Boyhan

Waste Water Discharge Control Design, operation and maintenance, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 11 th – 13 th November 2011. • Cllr Gearóid O’Keeffe • Cllr Gerry Horkan

A National Tourism Conference: ‘Tourism – The potential for economic growth’, Falls Hotel, Ennistymon, Co. Clare, 25 th – 26 th November 2011. • Cllr Gerry Horkan • Cllr Barry Saul • Cllr Jane Dillon Byrne

Training Seminar for Councillors: The Local Government Budget 2012, The Carlton Millrace Hotel, Bunclody, Co. Wexford, 18 th – 20 th November 2011. • Cllr Maria Bailey • Cllr Pat Hand • Cllr Jane Dillon Byrne

Promoting Volunteerism, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo, 2 nd – 4 th December 2011. • Cllr Barry Saul • Cllr Pat Hand

Mid – West Regional Authority – ‘Environmental Designations – Barriers or Opportunities’, Greenhills Hotel, Ennis Road, Limerick, 4 th – 5 th February 2010. • Cllr Carrie Smyth

It is recommended that the following resolution be adopted by the Council;

“That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.””

It was proposed by Councillor B. Saul, seconded by Councillor J. O’Dea and RESOLVED :

“That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/1047/11 Conference Report Documents Submitted In Accordance With Section 142 (5) Of The Local Government Act 2001

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

Conference Details Approved at meeting Councillors Conference Claim Attended Report Form Received Received Time Management, Media & IT 12 th September 2011 Councillor G. Horkan No No Skills, Celtic Ross Hotel, Rosscarbery, West Cork, 8th – 10 th July 2011. Councillors’ Training Seminar: The 12 th September 2011 Councillor G. Horkan No No Councillor & The Local Government Environment Service, Hyland’s Hotel, Ballyvaughan, Co. Clare, 22 nd – 23 rd July 2011. A Briefing for Local Authority 12 th September 2011 Councillor J. Bailey Yes Yes Members, Current Issues in Education, The Kingsvalley Hotel, Merlin Park, Galway City, 25 th – 27 th July 2011. Councillors’ Training Seminar: The 12 th September 2011 Councillor G. Horkan No No Local Government Planning Service, West Cork Hotel, Skibbereen, Co. Cork, 12 th – 13 th August 2011. Domestic Water Meters for Ireland; 10 th October 2011 Councillor B. Saul Yes Yes Implications for Irish Consumers and Business, Ravensdale Suite, Carrickdale Hotel, Carrickarnon, Dundalk, Co. Louth, 9th – 11 th September 2011. LAMA Autumn Seminar 2011, 14 th November 2011 Councillor G. Horkan No No Clonea Strand Hotel, Dungarvan, Co. Waterford. Effective Representations for your 10 th October 2011 Councillor G. O’Keeffe No No Constituents, Manor West Hotel, Tralee, Co. Kerry, 23 rd – 25 th September 2011. ICSH Biennial Social Housing 10 th October 2011 Councillor J. Dillon Yes Yes Conference, Byrne Galway Bay Hotel, Salthill, Co. Councillor S. Yes Yes Galway, Fitzpatrick 27 th – 28 th September 2011.

La Touche Legacy Committee’s 14 th November 2011 Councillor J. Bailey Yes Yes 2011 Autumn Seminar, Charlesland Golf & Country Club Hotel, Greystones, Co. Wicklow, 30 th September – 2 nd October 2011. IPI Autumn Conference 2011, The 14 th November 2011 Councillor N. Yes N/A Gibson Hotel, Dublin 1, 21 st Bhreathnach October 2011. Councillor G. Tallon Yes N/A Getting A Grip 2011; Substance 14 th November 2011 Councillor G. O’Keeffe No No Misuse – ‘A Health or Criminal Justice Issue?’, Europe Hotel & Conference Centre, Killarney, Co. Kerry, 6th – 7 th October 2011. New Government Regulations and 14 th November 2011 Councillor M. Bailey Yes Yes how they affect the Domestic Home, The Kinsgvalley Hotel, Merlin Park, Dublin Road, Galway City, 7th – 9 th October 2011. Local Government & Planning 14 th November 2011 Councillor C. Devlin No No Seminar for Councillors, Patrick Councillor P. Hand Yes Yes Punch Hotel, Limerick, Councillor V. Boyhan Yes Yes 8th – 9 th October 2011. Councillor T. Fox No Yes Social Housing Assessment 14 th November 2011 Councillor P. Hand Yes Yes Regulations 2011, Carlton Atlantic Coast Hotel Westport, The Quay, Westport, Co. Mayo, 14 th – 16 th October 2011. ‘Maximising the Value of our 14 th November 2011 Councillor J. Dillon Yes Yes Maritime Resource’, Marine Byrne Institute, Oranmore, Galway, 21 st Councillor T. Fox Yes Yes October 2011. Councillor P. Hand Yes Yes Councillor M. Bailey Yes Yes Optimising Taxation Allowances & 14 th November 2011 Councillor C. Devlin No No Benefits & Revenue On- Line Councillor B. Saul Yes Yes Service Workshop, Celtic Ross Hotel, Rosscarbery, West Cork, 21 st – 23 rd October 2011. Local Government Powers to create 12 th December 2011 Councillor M. Bailey Yes Yes /abolish Rights of Way, Changes in Councillor T. Fox No No the law in respect of Rights of Way Councillor P. Hand Yes Yes introduced under the Land & Conveyancing Law Reform Act 2009; Future Implications for Landowners, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City, 4th – 6 th November 2011. A National Tourism Conference, 12 th December 2011 Councillor J. Dillon No No Fall’s Hotel, Ennistymon, Co. Clare. Byrne Councillor G. Horkan No No Councillor B. Saul Yes Yes La Rencontre de Potsdam, Reithalle 14 th November 2011 Councillor R. Yes Yes A, Schiffbauergasse, 14467 Humphreys Potsdam, Germany, 28 th – 30 th October 2011. International Community 14 th November 2011 Councillor N. No No Development Conference, NUI Richmond Maynooth, Co. Kildare, 16 th November 2011. Training Seminar for Councillors: 14 th November 2011 Councillor V. Boyhan No No The Local Government Budget 12 th December 2011 Councillor J. Dillon Yes Yes 2012, Byrne The Carlton Millrace Hotel, 12 th December 2011 Councillor M. Bailey Yes Yes Bunclody, Co. Wexford, 12 th December 2011 Councillor P. Hand Yes Yes 18 th – 20 th November 2011.

Nuclear Free Local Authorities 12 th December 2011 Councillor V. Boyhan No No Seminar, Wexford Civic Offices, Councillor P. Hand Yes Yes Carricklawn, Councillor T. Fox No No Co. Wexford, 11 th November 2011. Irish Parking Association – Parking 12 th December 2011 Councillor V. Boyhan No N/A Ireland 2011 Seminar, Burlington Hotel, Dublin 4, 10 th November 2011. Waste Water Discharge Control 12 th December 2011 Councillor G. O’Keeffe No No Design, operation and Councillor G. Horkan No No Maintenance, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 11 th – 13 th November 2011. Strategic Planning for 2012 – 12 th December 2011 Councillor V. Boyhan No No Creating a practical plan for Councillor B. Saul Yes Yes maximum personal productivity in 2012, Maldron Hotel Portlaoise, Midway, Abbeyleix Road, Portlaoise, Co. Laois, 11 th – 13 th November 2011.

It is recommended that the following resolution be adopted by the Council;

“That the Conference Report Documents submitted from attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

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

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/1048/11 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 Act 2000, as amended, and the Housing (Miscellaneous Provisions Act, 2002 as amended

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

“COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

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

19 In accordance with Part V of the Planning & Development Act 2000 as amended, the Council have acquired seventy-seven apartments at The Belfry, Enniskerry Road, Stepaside, Dublin 18, consisting of 22 x one-bedroom, 40 x two-bedroom and 15 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 and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers.

It is now proposed to dispose of one of these units, a two bedroom apartment, 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). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit and a schedule showing the sale price will be available at the meeting.

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

“The Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report”.

22 nd November 2011 Signed: Charles Mac Namara Director of Housing”

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

“That the Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

C/1049/11 Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interest on 18 Monkstown Road, Blackrock, Co. Dublin to Ms. Veronica Toal

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

PROPOSED DISPOSAL OF FEE SIMPLE INTERESTS PURSUANT TO THE LANDLORD AND TENANT (GROUND RENTS) (NO 2) ACT, 1978.

It is proposed in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act 2001 to dispose of the Fee Simple Interest to the lessee of the dwelling set out on the schedule hereunder.

20 The purchase price, calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment will be 20 times the annual ground rent, plus arrears (if any) and an administration fee of €25.39.

The sites in question are shown outlined on the attached Drawing Number PL-11-647. The Law Agent has advised that the lessee is entitled to purchase the Fee Simple Interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment, Heritage and Local Government. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the Fee Simple.

Ground Rent Dwelling Annual Consideration Drawing Lessee Ground No. Rent € € Ms. Veronica Toal 18 Monkstown €6.35 €279.37 PL-11-647 Road, Blackrock, Co. Dublin.

It is proposed that the Fee Simple Interest in the properties listed above be disposed of in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act, 2001 . The Seal of the Council is to be affixed to any necessary legal documents involved.

Owen P. Keegan, County Manager.

Dated this 22 nd day of November 2011”

It was proposed by Councillor B. Ward, seconded by Councillor P. Stewart and RESOLVED :

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

C/1050/11 Proposed Disposal of Properties

Proposed Disposal of Council’s Freehold in Plot 82a to St. Columba’s College, College Road, Rathfarnham, Dublin 14

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 Council’s Freehold Interest in Plot 82a and Plot 125a to St. Columba’s College, College Road, Rathfarnham, Dublin 16

21 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 4 of Manager’s Order No. DEV/27/98 which states;

“That the County Council shall transfer to the College the land comprised in the new eastern entrance drive together with the triangular open area where the new drive is to join the existing drive i.e. all land within the new college boundaries. The Council to provide an accurate map of such lands.”

The lands to be transferred were acquired by the Council as part of the Southern Cross Route Motorway Scheme 1991 under various different acquisitions. Plot 82a was acquired from C.P.K. (Ireland) Ltd by way of Leasehold Title as set out in Manager’s Order No. LA/213/90. Plot 125a was acquired from C.P.K. (Ireland) Ltd by way of Leasehold Title as set out in Manager’s Order No. LA/119/91. Manager’s Order No. LA/358/90 approved the transfer of the Leasehold Title of lands including plot 82a from C.P.K. (Ireland) Ltd to the Council.

The Leasehold Titles for plots 82a and 125a were registered in the Council’s name under Folio No 80473L .

Managers Order PROP/161/09 approved the Disposal of the Council’s interest in 7 Plots of land to St. Columba’s College, term 1 refers which states;

“Land was acquired by agreement from C.P.K. (Ireland) Ltd as set out in Manager’s Order No. LA/213/90, which approved the acquisition of plot 82a by way of Leasehold Title; and Manager’s Order No. LA/119/91 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”.

The Disposal of the Leasehold Title for plots 82a and 125a was previously approved by Resolution of the Council at Full Council Meeting held on Monday, 9 th November 2009 - Certified Minute No. C/538/09 refers.

C.P.K. (Ireland) Ltd gave an undertaking in a letter from their solicitors dated 4 th November 1998, that if C.P.K. (Ireland) Ltd ever secured the Freehold for lands acquired that they would transfer same to the Council. The Council has pursued C.P.K. (Ireland) Ltd in relation to its own obligations to St. Columba’s College and Manager’s Order No. PROP/83/10 approved the acquisition of the Freehold Titles for plot 82a and plot 125a. Both Freehold Titles are registered in the Council’s name under Folio No. 190474F.

It is now proposed to dispose of the Freehold Title in the surplus land contained in Plot 82a and 125a to St. Columba’s College. Plot 82a comprises an area of land measuring circa 2,925 sq. metres and Plot 125a comprises an area of land measuring circa 432 sq. metres. Plot 82a and plot 125a are shown as outlined in Red on Drawing No. PL-11- 693.

The relevant Council’s Service Departments have no objections to this disposal.

This proposed disposal was tabled and noted at the Dundrum Area Committee Meeting (Planning and Transportation) held on Monday 28 th November 2011.

It is proposed to dispose of the Freehold Interest in the area of land measuring circa 2,925 sq. metres at Plot 82a,College Road, Rathfarnham, Dublin 16, and in the area of

22 land measuring circa 432 sq. metres at Plot 125a College Road, Rathfarnham, Dublin 16 as shown outlined in Red on Drawing No PL-11-693, to St. Columba’s College, College Road, Rathfarnham, Co Dublin in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the Chief Valuer’s terms and conditions as aforementioned.

Owen Keegan, County Manager.

Dated 24 th day of November 2011”

It was proposed by Councillor N. Richmond, seconded by Councillor L. McCarthy 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/1051/11 Proposed Disposal of Properties

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 LD2214

Proposed disposal of Council’s Interest in 2 plots of land at (A) rear of Rosemount Park, Dundrum, Dublin 14, and (B)rear of 22 Woodbine Terrace, Dundrum, Dublin 14 to Mr. Conor Byrne, 22 Woodbine Terrace, Dundrum, Dublin 14.

An application was made by Mr. Conor Byrne, of 22 Woodbine Terrace, Dundrum, Dublin 14 for the proposed purchase of 2 plots of Council owned land. Plot (A) forms part of the rear garden of 5 Rosemount Park, Dundrum, Dublin 14. The tenant at 5 Rosemount Terrace has given her consent to this proposed disposal in writing. Plot (B) is to the rear of 22 Woodbine Terrace, Dundrum, Dublin 14.

The former Dublin County Council acquired lands at Alexandra House, Rosemount, Dundrum from McGovern Estate and John Crowley in 1973 for the purpose of constructing Rosemount Estate. This land is registered in Land Registry, Dublin, to the Council under Folio No. 56774F .

This proposed disposal was previously approved by Resolution of the Council at Full Council Meeting held on Monday 14 th December 2009. Minute No. C/610/09 refers and Manager’s Order No. Prop/16/10 approved the Disposal. The applicant notified the Council in writing on 17 th May 2011 that he was unable to proceed with the terms and conditions of this Disposal due to his current financial position. The applicant made a further request to the Council to carry out a new valuation for a proposed disposal of the 2 plots of land to reflect current market values.

The relevant Council Service Departments have no objections to this proposed disposal.

23 The Chief Valuer entered into negotiations with Mr. Conor Byrne and the following terms and conditions were agreed: -

1. That the subject plots will be disposed of for a consideration of €7,500.00. 2. That the subject plots to be disposed of comprises plot (A) an area measuring circa. 40 sq. metres and plot (B) an area measuring circa. 18 sq. metres as shown outlined in red on Drawing No. PL-09-235. 3. That the Council shall transfer the Freehold Title in the subject plots. 4. That the applicant shall be responsible for the payment of the Valuer’s fees and the Council’s legal costs. 5. That a deposit of €1,000(one thousand euro) must be paid to the Council within 28 days of written acceptance of this offer. 6. That the above terms are subject to the necessary approvals and consents being obtained.

This proposed disposal was tabled and noted at the Dundrum Area Committee Meeting (Planning and Transportation) held on Monday 28 th November 2011.

It is proposed to dispose of the Freehold Interest in the areas of land. Plot (A) measuring circa 40 sq. metres At rear of 5 Rosemount Park, Dundrum, Dublin 14 and Plot (B) measuring circa 18 sq. metres at rear of 22Woodbine Terrace, Dundrum, Dublin 14 as shown outlined in Red on Drawing No. PL-09-235 to Mr. Conor Byrne in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the Chief Valuer’s terms and conditions as aforementioned.

Owen Keegan, County Manager

Dated 24 th day of November 2011

It was proposed by Councillor P. Hand, seconded by Councillor J. O’Dea 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/1052/11 Report of the Manager under Section 13 (4) of the Planning and Development Act 2000 (as amended) in relation to Proposed:

(a) Variation No. 6.1 Sandycove Architectural Conservation Area

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

Background At the Council meeting held on the 4 th of July 2011 the Members were informed that it was proposed to commence the statutory variation process in accordance with the provisions of the Planning and Development Act 2000 (as amended) in relation to Variation No. 6.1 of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 in relation to the designation of the proposed Sandycove Architectural Conservation Area.

24 Location of the proposed Sandycove Architectural Area (ACA): Sandycove is a residential suburb located on a northerly projecting headland between Bullock Harbour and Glasthule. It is situated approximately 10 kms south-south east of Dublin and 1.5 kms from Dún Laoghaire. Sandycove is visually diverse and comprises different characteristics including that of a Victorian terraced residential neighbourhood, whose physical form comprises a rocky coastal headland with a sheltered harbour and popular bathing place.

The area around the headland has an outstanding built heritage comprising a diverse collection of Victorian terraced and villa style residences, an acclaimed International Modernist house designed by Irish Architect Michael Scott, as well as varied maritime, defensive and bathing-associated buildings. The headland boasts a sheltered harbour on its western side as well as a park and a beach, which provide recreational facilities for locals and visitors alike.

The Architectural Conservation Area as assessed stretches east from Otranto Place including Sandycove Park, the majority of Sandycove Avenue West, Sandycove Point Road and Sandycove Avenue East.

The exact boundaries of the proposed ACA are defined on the map contained in Appendix 2.

Process In accordance with the SEA Directive (2001/42/EC) and the Planning and Development (Strategic Environmental Assessment) Regulations 2004, as amended, the Council determined that a Strategic Environmental Assessment in respect of the proposed variation is not required. The relevant prescribed bodies were notified in accordance with the provisions of the Regulations.

In accordance with Section 20 of the Planning and Development Act 2000 – 2010. Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC an Appropriate Assessment screening of the proposed plan was carried out in September 2011 to identify any potential impact the proposed plan may have on areas designated as Natura 2000 sites normally called Special Areas of Conservation (SACs) or Special Protection Area (SPAs). The Council determined that as no adverse impacts on a Natura 2000 site were identified, that an appropriate assessment of the proposed variation is not required.

The statutory process for the Variation of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 was then commenced. Notice of the preparation of the Draft proposed Variation No. 6.1 was published in the Irish Times on Monday the 26 th of September 2011. A draft of the proposed Variation was on public display in the County Council’s offices at County Hall, Dún Laoghaire and in the Dundrum Office as well as in the Council’s Library branches from Monday the 26 th of September to Monday the 24 th of October 2011.

Submissions Five No. submissions were received in response to the proposals within the designated timeframe (See Appendix 1 for list of submissions). All five submissions have been considered.

One submission objected to the restricted extent of the proposed ACA and recommended the inclusion of several properties in the ACA boundary, including the fine terraces along Sandycove Road. This submission also expressed concern that the inclusion of the rear gardens of no’s 11-16 Sandycove Avenue West might restrict the redevelopment of the adjoining lane. Another submission expressed concern that the rear of their house is included in the ACA and might restrict future development of this site.

25 Three submissions were received from the prescribed bodies, the Environmental Protection Agency (EPA), referred to the Strategic Environmental Assessment and The Environmental Health Officer, referred to the Environmental Noise Directive and the Planning and Development Act i.e. 10 (g) ‘not be prejudicial to public health’.

The Department of Environment, Community and Local Government expressed their support for the designation of the proposed ACA.

The issues raised are grouped by type with each being examined by the Conservation Division and Planning Department whose observations and recommendations are set out below.

The consideration of the Variation and the Manager’s Report must be completed not later than 6 weeks after the submission of the report to the Members.

Issue A- ACA is too restricted and should include further properties and concern that the inclusion of the rear gardens of no.’s 11-16 Sandycove Avenue West might restrict the redevelopment of the adjoining lane

The submission received from the owners of 12 Sandycove Avenue West stated that the ACA is too restrictive and should be enlarged to include the following: • Fine terraces along Sandycove Road. • Some of the fine larger detached houses. • Properties along Sandycove East Lane, which includes two houses by the late Michael Scott. • This submission also expressed concern that the inclusion of the rear gardens of no.’s 11-16 Sandycove Avenue West might restrict the redevelopment of the adjoining lane.

Response: • In response to the submission received by Mr James Howley and Ms Fionnuala Hayes, it should be noted that the terrace on Sandycove Road, comprising No’s 31-40 are designated Protected Structures included in the Dún Laoghaire-Rathdown County Development Plan 2010-2016. It is considered, by the Planning Authority, that the terrace is sufficiently ‘protected’ by their current status and their omission from the ACA boundary does not weaken the built character of the area. In planning control terms, extending the boundary to include Protected Structures arguably makes little sense. Physically, the proposed boundary protects the buildings and spaces that contribute positively to the architectural grain of the area and captures a significant proportion of non-protected structures. It is considered that the proposed boundary is not restrictive. The boundary has been kept discreet with the intention to preserve the special character of the network of streets together with the buildings and pockets of open space therein. The Planning Authority is mindful that many architecturally interesting structures and terraces stand within the immediate vicinity; however the extent of the proposed ACA was determined by the distinctive residential character of Sandycove as opposed to extending the boundary to include buildings fronting onto Sandycove Road, which, it is considered, do not share the same sense of enclosure and streetscape character as the collection of quieter residential streets that form the ACA. • The Planning Authority agrees with the proposed inclusion of a property known as ‘Tig Mhuire’ on Sandycove East Lane designed by the renowned architect Michael Scott. While it has been substantially altered, its inclusion within the ACA is warranted as it adds to the typology and eclectic mix of architectural styles within the boundary. Originally built as one property for Scott’s sisters in 1957, it has since been divided into two dwellings, now known as ‘Milkwood’ and 10 Sandycove East Lane. The boundary has been amended to include these two dwellings. • It is the view of the Planning Authority that the inclusion of the laneway to the rear of No’s 11-16 Sandycove Avenue West within the ACA will not restrict any future redevelopment of the lane but rather serve to guide and manage its development in a

26 sympathetic manner to enhance the ACA. The aim of the ACA designation is not to stifle development, but to control any proposed development so that the character and appearance of the ACA is strengthened and improved. It should be noted that it is the Council’s policy to facilitate measured and proportionate mews lane housing development in suitable locations as per Policy RES6 of the Dún Laoghaire Rathdown County Development Plan. In addition, Chapter 16 Development Management contains further guidance on mews development as contained in section 16.3.4 (ix).

Recommendation: Following assessment of the submissions and a further site inspection, it is recommended that the proposed ACA boundary be changed to include a house (now two dwellings known as ‘Milkwood’ and 10 Sandycove East Lane) designed by Michael Scott on Sandycove East Lane as shown on the map in Appendix 3 of this report.

Issue B- Concern that No.30 Sandycove Road is included within the proposed ACA boundary and that this will impose additional planning restrictions on the property

In relation to the submission received from Mrs E Bastible, No.30 Sandycove Road is not included within the proposed ACA boundary. Therefore the designation of same will not impose any additional planning restrictions on the property.

Recommendation: No change to the written statement or map.

Issue C – Strategic Environmental Assessment (SEA) A submission was received by a prescribed body, the Environmental Protection Agency (EPA), reminding Dún Laoghaire-Rathdown County Council of its responsibilities and obligations with regard to SEA and Variations to a Development Plan in accordance with all national and EU environmental legislation.

Response: A screening report for SEA was carried out by Dún Laoghaire-Rathdown County Council in June 2011. The screening report concluded that following an initial assessment of the context and contents of the proposed ACA in accordance with the criteria as set out in Schedule 2A of the SEA Directive that an SEA was not required. In accordance with the provisions of the SEA Regulations the prescribed bodies (including the EPA) were advised of this decision and notified that if they wished to make a submission in relation to same that any such submission should be received by the 6 th of July 2011. The EPA responded on the 21 st of June 2011, to the effect that “ it is a matter for Dún Laoghaire-Rathdown County Council to determine whether or not any proposed Variation would be likely to have any significant effects on the environment.”

The submission made in response to the statutory consultation process for Variation No. 6.1 dated the 13 th of October 2011, repeated the comments made in the letter dated the 21 st June 2011.

Recommendation: A screening report for SEA has been carried out by Dún Laoghaire-Rathdown County Council and it is considered that an SEA is not required for the proposed ACA. No change to written statement or map.

Issue D – Environmental Health Concerns A submission was received by a prescribed body, the Environmental Health Officer (EHO), which requested that the proposed plan take account of and adhere to all elements of the Environmental Noise Directive, most notably the plan shall adhere to the Noise Action Plan created for the Dublin agglomeration ‘Dublin Agglomeration Action Plan

27 relating to the assessment and Management of Environmental Noise July 2008 – November 2013’ and any future Action Plans created after 2013.

The EHO also reminded Dún Laoghaire-Rathdown County Council that the proposed plan must be in compliance with the Planning and Development Act 2000 Fourth Schedule, 10 (g) the development should ‘not be prejudicial to public health’.

Response: As detailed in the screening report for SEA it is considered that the adoption of the proposed ACA will not result in risks to human health. Any future development in the area will be carefully controlled in order to ensure the preservation of the area’s special character.

Recommendation: No change to the written statement or map.

Issue E – Consistency of proposed variation with the Planning and Development Act, 2000 A submission was received by a prescribed body, the Department of the Environment Community and Local Government (DECLG), which noted that the proposed variation is consistent with Part VI of the Planning and Development Act, 2000 (as amended) and is also consistent with Section 11.3.13 Policy AR10: Candidate Architectural Conservation Areas of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.

Response: The details of the submission have been noted.

Recommendation: No change to the written statement or map.

The Manager’s recommendation in relation to Issue A above is as follows:

“Following assessment of the submissions and a further site inspection, it is recommended that the proposed ACA boundary be changed to include a house (now two dwellings, known as ‘Milkwood’ and 10 Sandycove East Lane) designed by Michael Scott on Sandycove East Lane as shown on the map in Appendix 3 of this report.”

This recommendation if approved by the Council is considered to be a material alteration to the proposed Variation No. 6.1 of the County Development Plan 2010-2016 and accordingly the provisions of Section 13 (6) apply. The Planning Authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments are required to be carried out in respect of one or more than one of the proposed material alteration(s). Not later than 2 weeks after the determination that a strategic environmental assessment or appropriate assessment or both are required the Manager shall specify the period he considers necessary (following the determination) to facilitate the required assessment(s). The Planning Authority shall publish a notice of the proposed material alteration(s) and where appropriate the making of a determination that an assessment(s) is required. The notice shall state that the proposed material alteration(s) will be on public display for a period not less than four weeks and that written submissions and observations in relation to the proposed material alteration(s) or assessment(s) made to the Planning Authority within a stated period shall be taken into account by the authority before the variation of the development plan is made.

Following the further period of public display the Manager will prepare a report on any submissions or observations received for consideration by the Members. In considering this report it should be noted that a further modification to the variation:

28 (i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, (ii) shall not be made where it refers to: a. an increase in the area of land zoned for any purpose or b. an addition to or deletion from the record of protected structures

Accordingly it is recommended that the Council pass the following resolution:

Resolution: That pursuant to Section 13 of the Planning and Development Act, 2000 (as amended) that Dún Laoghaire-Rathdown County Council, being the Planning Authority for the County of Dún Laoghaire-Rathdown having considered a draft of a proposed Variation of the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate Sandycove Candidate Architectural Conservation Area as an Architectural Conservation Area and accordingly to make amendments to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, which was on public display from 26 th September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) and having discussed proposed amendments to the Draft Variation No. 6.1 at a meeting of the County Council held on 12 th December 2011 do hereby resolve under Section 13 (6) (a) to adopt the amendments to the Draft Variation No. 6.1 as set out in the Manager’s Report and to initiate the public display and consultation procedure as set out in Section 13 (6) (a) of the Planning and Development Act 2000 as amended.

Prepared By: Approved By:

Louise Bell Liam Walsh Assistant Planner A/Senior Planner

Kathleen Holohan Director Planning Department

Ms. K. Holohan, Deputy Manager and Director of Planning READ the following resolution:

“That pursuant to Section 13 of the Planning and Development Act, 2000 (as amended) that Dún Laoghaire-Rathdown County Council, being the Planning Authority for the County of Dún Laoghaire-Rathdown having considered a draft of a proposed Variation of the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate Sandycove Candidate Architectural Conservation Area as an Architectural Conservation Area and accordingly to make amendments to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, which was on public display from 26 th September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) and having discussed proposed amendments to the Draft Variation No. 6.1 at a meeting of the County Council held on 12 th December 2011 do hereby resolve under Section 13 (6) (a) to adopt the amendments to the Draft Variation No. 6.1 as set out in the Manager’s Report and to initiate the public display and consultation procedure as set out in Section 13 (6) (a) of the Planning and Development Act 2000 as amended.”

It was proposed by Councillor s. Fitzpatrick, seconded by Councillor R. Humphreys and RESOLVED :

29 “That pursuant to Section 13 of the Planning and Development Act, 2000 (as amended) that Dún Laoghaire-Rathdown County Council, being the Planning Authority for the County of Dún Laoghaire-Rathdown having considered a draft of a proposed Variation of the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate Sandycove Candidate Architectural Conservation Area as an Architectural Conservation Area and accordingly to make amendments to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, which was on public display from 26 th September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) and having discussed proposed amendments to the Draft Variation No. 6.1 at a meeting of the County Council held on 12 th December 2011 do hereby resolve under Section 13 (6) (a) to adopt the amendments to the Draft Variation No. 6.1 as set out in the Manager’s Report and to initiate the public display and consultation procedure as set out in Section 13 (6) (a) of the Planning and Development Act 2000 as amended.”

(b) Variation No. 6.2 Silchester Road Architectural Conservation Area

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

Background At the Council meeting held on 4 th July 2011 the Members were informed that it was proposed to commence the statutory variation process in accordance with the provisions of the Planning and Development Act 2000 (as amended) in relation to Variation No. 6.2 of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 in relation to the designation of the proposed Silchester Road Architectural Conservation Area.

Location of the proposed Silchester Road Architectural Area (ACA): Silchester Road is a suburban residential area located in Glenageary, inland from Glasthule, between Glenageary Road and Adelaide Road within the Dún Laoghaire- Rathdown administrative area. It is situated approximately 10 kms south-south east of Dublin and approximately 1.93 kms from Dùn Laoghaire. Silchester Road is characterised by a collection of residential dwellings, which have a range of architectural styles. In addition to the residential dwellings are St. Paul’s Church and Glenageary Lawn and Tennis Club. The existing boundary of the Candidate Architectural Conservation Area of Silchester Road begins approximately midway along the road and extends east to include the eastern end of Silchester Road.

The proposed Silchester ACA boundary begins at ‘Corrymeela’ and ‘Stratford’ houses near the mid point of Silchester Road then extends eastwards from this point towards Adelaide Road to include St. Paul’s Church and ‘Rossmore House’ located to the north and south corner sites respectively. It excludes the access lane to Chester Downs, the entire complex of the Glenageary Lawn Tennis Club, together with the laneway, along with a portion of The Metals to the north side of Silchester Road. The latter is to be included within the proposed boundary for The Metals ACA. The proposed Silchester ACA boundary has been extended to include the entrance to ‘Corrymeela’, the rear site of ‘Lady’s Cross’, ‘Ashdoonan’ and ‘Rosenberg’, to the north side of the Road and ‘Strafford’, ‘Melrose’, ‘Argle’, ‘Coolarne’,‘Invergarry’ and ‘Chesterfield’ to the south side of the Road.

The exact boundaries of the proposed ACA are defined on the map contained in Appendix 2.

Process In accordance with the SEA Directive (2001/42/EC) and the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (as amended), the Council

30 determined that a Strategic Environmental Assessment in respect of the proposed variation is not required. The relevant prescribed bodies were notified in accordance with the provisions of the Regulations.

The statutory process for the Variation of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 was then commenced. Notice of the preparation of the draft proposed Variation No. 6.2 was published in the Irish Times on Monday the 26 th of September 2011. A draft of the proposed Variation was on public display in the County Council’s offices at County Hall, Dún Laoghaire and in the Dùndrum office as well as in the Council’s Library branches from Monday the 26 th of September to Monday the 24 th of October 2011.

Submissions Five submissions were received in response to the proposals within the designated timeframe (See Appendix 1 for the list of submissions). All five submissions have been considered. Two submissions objected to the inclusion of their property within the proposed boundary of the ACA. Three submissions were received from the prescribed bodies, the Environmental Protection Agency (EPA), referred to the Strategic Environmental Assessment and The Environmental Health Officer, referred to the Environmental Noise Directive and the Planning and Development Act i.e. 10 (g) ‘not be prejudicial to public health’.

The Department of Environment, Community and Local Government expressed their support for the designation of the proposed ACA.

The issues raised are grouped by type with each being examined by the Conservation Division and Planning Department whose observations and recommendations are set out below.

The consideration of the Variation and the Manager’s Report must be completed not later than 6 weeks after the submission of the report to the Members.

Issue A – Objection to the inclusion of a particular site within the ACA Two submissions were received objecting to the inclusion of the following sites:

One submission was received from the owner of ‘Leconfield’ noting that the proposed designation of this part of Silchester Road as an Architectural Conservation Area would impose unreasonably onerous conditions on present and future owners, and will therefore render the houses un-saleable.

The second submission was received from the owner of ‘Rathbarry’, which noted the following: • ‘Rathbarry’ does not reflect the dominant Victorian architectural style of Silchester Road described in the Character Appraisal and Recommendations 2011 document and does not contribute to the architectural character of the road. The inclusion of ‘Rathbarry’ appears to be for the sake of a convenient area boundary rather than any sound architectural reasoning. • ‘Rathbarry’s’ design and structure is now outmoded and no longer serves the needs of modern family living. It will require considerable remodelling and upgrading in the

31 near future in order to provide for modern family living needs. • Rathbarry’s’ structure is old and with drastic low thermal efficiency. It will require extensive structural works to improve the BER and achieve acceptable energy conservation standards. • The proposed exempted 6.2 (c) and 6.2 (j) are precedents. • Any future works should be subject to normal planning controls. Additional ACA restrictions will be oppressive, unduly expensive and will limit the property owner’s ability to develop and improve their property in accordance with constitutional rights.

Response: Following assessment of these submissions and a site inspection, it is considered that both properties and their sites should be retained within the proposed ACA boundary as they contribute positively to the built character of the ACA. The aim of designating Silchester Road an ACA is not to stifle development but rather to manage and guide the processes of change to ensure that any future developments enhance the area. In its assessment of whether or not works require planning permission, the Council must have regard to the character of the structure as required under Section 4(1)(h) and also have regard to the impact on the overall character of the area, as required under Section 82(1) and (2) of the Planning and Development Act 2000.

It should be noted that ‘Rathbarry’ and ‘Leconfield’ are not designated Protected Structures and therefore works to improve their thermal efficiency and/or any proposed internal remodeling or structural change would be considered exempted development if in the opinion of the Planning Authority they do not materially affect the character and appearance of the ACA. Only works affecting the external appearance of the building will be subject to planning permission if the Planning Authority considers the works affect the character of the Architectural Conservation Area.

The Council are mindful of the changes that are required to improve the energy performance of the older building stock, and as in other designated Architectural Conservation Areas within the County, the Planning Authority strives to achieve energy performance standards while simultaneously preserving the overall built character of the area. It is not the intention of the ACA designation to prevent development. The mechanism of a Section 5 Declaration is available to the owners of the properties within the ACA to determine if proposed works require planning permission.

Furthermore, there is no evidence to support the observation that the inclusion of a property within an ACA would render the house un-saleable. There are a significant number of buildings contained within ACAs in Dùn Laoghaire-Rathdown; this designation does not appear to impose any unfavourable conditions in respect to the sale of properties therein. The Dalkey, Killney and Foxrock ACAs attest that residing in an ACA can be a desirable residential location.

Recommendation: No change to the written statement or map.

Issue B – Strategic Environmental Assessment (SEA) A submission was received by a prescribed body, the Environmental Protection Agency (EPA), reminding Dún Laoghaire-Rathdown County Council of its responsibilities and obligations with regard to SEA and Variations to a Development Plan in accordance with all national and EU environmental legislation.

32 Schedule 2A of the SEA Directive, that an SEA was not required. In accordance with the provisions of the SEA Regulations the prescribed bodies (including the EPA) were advised of this decision and notified that if they wished to make a submission in relation to same that any such submission should be received by the 6 th July, 2011. The EPA responded on the 21 st of June 2011, to the effect that “ it is a matter for Dún Laoghaire-Rathdown County Council to determine whether or not any future proposed Amendments/Variations would be likely to have any significant effects on the environment.”

The submission made in response to the statutory consultation process for Variation No. 6.2, dated the 13 th of October 2011, repeated the comments made in the letter dated the 21 st June 2011.

Issue C – Environmental Health Concerns A submission was received by a prescribed body, the Environmental Health Officer (EHO), which requested that the proposed plan take account of and adhere to all elements of the Environmental Noise Directive, most notably the proposed plan shall adhere to the Noise Action Plan created for the Dublin agglomeration ‘Dublin Agglomeration Action Plan relating to the assessment and Management of Environmental Noise July 2008 – November 2013’ and any future Action Plans created after 2013.

The EHO also requested that the proposed plan must be in compliance with the Planning and Development Act 2000 Fourth Schedule, 10 (g) the development should ‘not be prejudicial to public health’.

Recommendation: No change to the written statement or map.

Issue D – Consistency of proposed variation with the Planning and Development Act, 2000 A submission was received by a prescribed body, the Department of the Environment, Community and Local Government (DECLG), which noted that the proposed variation is consistent with Part VI of the Planning and Development Act, 2000 (as amended) and is also consistent with Section 11.3.13 Policy AR10: Candidate Architectural Conservation Areas of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.

Response: The details of the submission have been noted.

Recommendation: No change to the written statement or map.

It is recommended that the Council pass the necessary resolution to make Variation No. 6.2 of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.

33 In order to give effect to the Variation it will be necessary to make the following changes to the Dún Laoghaire-Rathdown County Development Plan:

In relation to the Appendices to the Written Statement the new ACA will be listed in Appendix C, Schedule 3 (Architectural Conservation Areas) and it will be removed from Appendix C, Schedule 4 (Candidate Architectural Conservation Areas). County Development Plan Maps (Map No’s. 3 and 7) will also need to be amended to define the exact boundaries.

Resolution: That pursuant to Section 13 of the Planning and Development Act, 2000 (as amended) that Dún Laoghaire-Rathdown County Council, being the Planning Authority for the County of Dún Laoghaire-Rathdown having considered a draft of a proposed Variation of the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate Silchester Road Candidate Architectural Conservation Area as an Architectural Conservation Area and accordingly to make amendments to the Dùn Laoghaire- Rathdown County Development Plan, 2010-2016 which was on public display from 26 th September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) do hereby resolve in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) to make the Variation to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate the following Candidate Architectural Conservation Area as an Architectural Conservation Area:-

1. Silchester Road Architectural Conservation Area

and amend the Written Statement of the County Development Plan 2010 –2016 to remove Silchester Road from Appendix C, Schedule 4 (Candidate Architectural Conservation Areas) and list Silchester Road ACA in Appendix C, Schedule 3 (Architectural Conservation Areas) and amend (Map No’s. 3 and 7) to define the exact boundaries and that the necessary notices of making the Variation be published in accordance with the requirements of the Planning and Development Act, 2000 (as amended) and that the variation be called:

Dún Laoghaire-Rathdown County Council, Variation of the Dún Laoghaire- Rathdown County Development Plan 2010-2016 (No. 6.2 2012)

Prepared By: Approved By:

Emma Nevin Liam Walsh T/Graduate Planner A/Senior Planner

Kathleen Holohan Director Planning Department”

Ms. K. Holohan, Deputy Manager and Director of Planning READ the following resolution:

34 September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) do hereby resolve in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) to make the Variation to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate the following Candidate Architectural Conservation Area as an Architectural Conservation Area:-

1. Silchester Road Architectural Conservation Area

Dún Laoghaire-Rathdown County Council, Variation of the Dún Laoghaire- Rathdown County Development Plan 2010-2016 (No. 6.2 2012)”

It was proposed by Councillor S. Fitzpatrick, seconded by Councillor R. Humphreys and RESOLVED :

“That pursuant to Section 13 of the Planning and Development Act, 2000 (as amended) that Dún Laoghaire-Rathdown County Council, being the Planning Authority for the County of Dún Laoghaire-Rathdown having considered a draft of a proposed Variation of the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate Silchester Road Candidate Architectural Conservation Area as an Architectural Conservation Area and accordingly to make amendments to the Dùn Laoghaire- Rathdown County Development Plan, 2010-2016 which was on public display from 26 th September to 24 th October 2011 and the Manager’s Report on submissions or observations received, which was submitted to it in accordance with Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) do hereby resolve in accordance with the provisions of Section 13 (4) (a) of the Planning and Development Act, 2000 (as amended) to make the Variation to the Dún Laoghaire-Rathdown County Development Plan, 2010-2016 to designate the following Candidate Architectural Conservation Area as an Architectural Conservation Area:-

1. Silchester Road Architectural Conservation Area

Dún Laoghaire-Rathdown County Council, Variation of the Dún Laoghaire- Rathdown County Development Plan 2010-2016 (No. 6.2 2012)”

C/1053/11 Manager's Report submitted in accordance with Section 20 (3) of the Planning and Development Act 2000 (as amended) in respect of the Draft Goatstown Local Area Plan.

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

“At the Council meeting held on 5 th July, 2011 the Members were advised that notice of the commencement of the statutory process to make a Local Area Plan for Goatstown would be published in the public press on Wednesday 7 th September, 2011 and that the closing date for receipt of submissions or observations in relation to same was Wednesday 19 th October, 2011.

The Manager’s Report prepared in accordance with the provisions of Section 20 (3) of the Planning and Development Act 2000 as amended, was circulated to Members on 30 th November 2011.

Next Stage The Members shall consider the Manager’s Report and following consideration of the proposed Draft Local Area Plan and the Manager’s Report the Members may, as they consider appropriate by resolution, decide to vary or modify the Plan otherwise than recommended in the Manager’s Report or decide not to make the Plan.

Where, however, the Planning Authority decides to make the plan otherwise than as recommended in the Manager’s Report (by way of a material modification / variation), the Planning Authority shall, not later than 3 weeks after the passing of a resolution, publish notice of the proposed material variation or modification to the Plan. Such a notice shall also state that information on the likely significant effects on the environment of implementing the proposed variation or modification will also be available for inspection and that a submission or observation in relation to such information will also be taken into consideration before the making of any variation or modification.

Not later than 8 weeks after giving such notice the Manager shall prepare a report on any submissions or observations received further to the notice, and submit the Report to the Members of the Authority for their consideration.

A screening process for both Strategic Environmental Assessment and Appropriate Assessment was undertaken for the Draft Plan. In both instances, the screening process determined that neither form of full assessment was required for the Draft Plan. In the event that the Planning Authority determines that a Strategic Environmental Assessment and Appropriate Assessment of a proposed material alteration to the Draft Plan are required, an extended timeline for the consideration of the amendments will apply.

Proposed Timetable The 6 weeks for considering the Manager’s Report started when the Report was issued to the Members in this case 30 th November 2011. The Report must be considered within 6 weeks i.e. by Friday 20 th January 2012.

(Note In accordance with the provisions of the Planning and Development Act 2000 as amended the period between the 24 th December 2011 and 1 st January 2012, both days inclusive, have been disregarded in the calculation of the 6 weeks.)

There is no specific provision in Standing Orders for the submission of motions in relation to Local Area Plans (unlike the provision in Standing Order No. 25 (iii) in relation to variations to the County Development Plan).

It is proposed subject to the approval of the Members to apply the provisions of Standing Order No. 25 (iii) to the consideration of the Manager’s Report on the Draft Goatstown Local Area Plan.

Accordingly Members are advised that motions on the Draft Goatstown Local Area Plan and the Manager’s Report must be received in Corporate Services by 10.00a.m. on Friday 16 th December, 2011 for inclusion on the Agenda for the January 2012 Council meeting.

In order to assist with the preparation of the agenda, motions should be headed “Draft Goatstown Local Area Plan”.

In accordance with Standing Order No. 25 (iii) there is no limit on the number of motions, which may be submitted by a Member.

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

Kathleen Holohan Director of Planning.”

Ms. K. Holohan, Deputy Manager and Director of Planning READ the foregoing report which was AGREED by the Members.

C/1054/11 Deferral of Consideration of the Report on Capital Programme in accordance with Section 135 (2) of the Local Government Act 2001

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

“The Manager brought a detailed report on the Capital Programme 2011 - 2014 for consideration by members to the May Council meeting.

In accordance with S135 of the Local Government Act 2001 the Manager shall before the start of the financial year prepare a report on the three year capital programme which may be considered at the Budget meeting or at such other meeting as the elected council may by resolution decide.

Having regard to the short time that has elapsed since the consideration of the current Capital Programme and pending confirmation from the Department of the Environment Community and Local Government that it is in order to utilise funds on hand to progress the Programme in 2012 I suggest that consideration of the Capital programme 2012- 2015 be deferred until the March 2012 Council meeting.

I recommend that the Council adopt the following resolution:

“That consideration of the Capital Programme 2012 – 2015 be deferred until the March 2012 meeting.””

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

“That consideration of the Capital Programme 2012 – 2015 be deferred until the March 2012 meeting.”

C/1055/11 Strategic Policy Committees - Amendments to approval of Nominations

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

“The following amendments to the membership of the Strategic Policy Committees 2009 – 2014 are listed for the approval of the Elected Members.

“That the resignation of Councillor P. Hand from the Housing Strategic Policy Committee and his appointment to the Transportation Strategic Policy Committee be ADOPTED and APPROVED.”

“That the resignation of Councillor J. Bailey from the Transportation Strategic Policy Committee and his appointment to the Housing Strategic Policy Committee be ADOPTED and APPROVED.”

An amended list of the memberships of the Strategic Policy Committees is attached for Councillors information.

Recommendation:

“That the amendments to the Elected Members membership of the Strategic Policy Committees 2009 – 2014 as set out in the report above be ADOPTED and APPROVED.”

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

“That the resignation of Councillor P. Hand from the Housing Strategic Policy Committee and his appointment to the Transportation Strategic Policy Committee be ADOPTED and APPROVED .”

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

“That the resignation of Councillor J. Bailey from the Transportation Strategic Policy Committee and his appointment to the Housing Strategic Policy Committee be ADOPTED and APPROVED .”

C/1056/11 Election of Chairperson For the Housing Strategic Policy Committee

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

“The Council, under Section 48 of the Local Government Act, 2001, agreed a Strategic Policy Committee Scheme 2009-2014, Minute C/48/10 refers. (A copy of the scheme is attached)

Section 8 of the Scheme states that “the Chairperson of each SPC will be a Councillor, nominated by the County Council, and will hold office for a minimum period of three years, which may be renewed by the County Council.

Subsequent Chairpersons will be appointed by the County Council from among the existing Councillor members of the SPC. If a Chairperson ceases to be a Councillor he or she will automatically cease to be a member of the SPC.

38 Following a Local Election, the Chairperson of an SPC will continue to hold office until the ordinary day of retirement of Members, in accordance with Section 17 of the Local Government Act 2001.

Chairpersons should be selected on the basis that they have an interest in the work of the SPCs and are aware of their role in providing leadership and working with the relevant Director to facilitate the smooth and effective operation of the Committee”.

It is necessary to elect a Chairperson for the Housing Strategic Policy Committee following the resignation of Councillor Tom Joyce as Chairperson on 1st December 2011.

Councillors are now required to elect a Chairperson to the Housing Strategic Policy Committee.”

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

“That Councillor D. Marren be appointed as Chairperson of the Housing Strategic Policy Committee.”

C/1057/11 Reordering of Agenda

It was AGREED to take Item 10 (Cathaoirleach’s Business) at a later stage in the meeting.

C/1058/11 Monthly Financial Report

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

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/2011 - 31/10/2011 10 83.33%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 25,760,396 31,880,100 80.80 B Road Transportation & Safety 22,681,860 26,556,300 85.41 C Water Services 25,804,229 32,471,200 79.47 D Development Management 10,783,121 13,169,400 81.88 E Environmental Services 27,907,987 34,710,400 80.40 F Recreation & Amenity 21,415,841 25,891,100 82.72 G Agriculture, Education, ------Health & Welfare 6,145,735 7,766,200 79.13 H Miscellaneous Services 18,270,826 22,525,600 81.11 TOTAL: 158,769,995 194,970,300 81.43

39 INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 20,568,593 26,554,600 77.46 B Road Transportation & Safety 8,957,249 10,214,600 87.69 C Water Services 7,799,072 8,905,900 87.57 D Development Management 1,617,377 2,001,800 80.80 E Environmental Services 6,427,458 8,318,500 77.27 F Recreation & Amenity 3,785,344 5,023,400 75.35 G Agriculture, Education, ------Health & Welfare 5,108,556 6,513,500 78.43 H Miscellaneous Services 4,396,190 5,538,900 79.37 SUB TOTAL: 58,659,840 73,071,200 80.28 Commercial Rates 74,082,583 88,899,100 83.33 Local Government Fund 26,250,000 31,500,000 83.33 Provision for credit balance 0 1,500,000 0.00 TOTAL INCOME: 158,992,423 194,970,300 81.55

SURPLUS at 31/10/2011 222,428

Date 28/11/11

Signed: H. Cunningham Director of Finance”

The report was NOTED .

C/1059/11 Report on DLR Properties Ltd.

The following report of the Chairman of DLR Properties Ltd., copy of which had been circulated to the Members, was CONSIDERED :

“This is DLR Properties Ltd’s (DLRP) first report to our shareholder Dún Laoghaire- Rathdown County Council (DLRCC). It is appropriate to file such a report now, subsequent to the final closing of the Settlement transaction and the completion of our audited accounts for the period ended 30 June 2010 and the year ended 30 June 2011.

By way of background, DLRP was incorporated on 16 November 2009. The Council at its meeting on 9 December 2009 considered a detailed report on its Cherrywood Joint Venture with Dunloe. It noted the terms of a proposed Settlement agreed at mediation, following the High Court action it had initiated against Cherrywood Science and Technology Park and other companies in the Dunloe Group in order to protect its interest in the Cherrywood Joint Venture. It resolved to establish a company (DLRP) under Section 66 (4) (i) of the Local Government Act, 2001 and Section 212 of the Planning & Development Act, 2000 for the general statutory purposes of holding, owning, managing, disposing and developing the Council’s Cherrywood rights, interests and entitlements in the Cherrywood Science and Technology Park Joint Venture Agreement as disposed to it by the Council. Finally, it approved the disposal to DLRP of its rights, interests and entitlements in the Cherrywood Science and Technology Park Joint Venture Agreement.

40 In May 2010, DLRCC transferred the land it owned in Cherrywood together with its interest in the Joint Venture with Dunloe to DLRP. On 1 June 2010, the Settlement Agreement in relation to the termination of DLRP’s interest in the Joint Venture was finalised. Under the terms of the Settlement Agreement, it was agreed that two buildings comprising approx. 180,000 sq ft plus additional lands would be transferred to DLRP. Completion of the property transfers from Dunloe took place on 29 September 2011, after many months of detailed negotiations. We can report that the closing took place on terms conforming to the terms set out in the County Manager’s report to the council meeting on 9 December 2009. In June 2010, a new Board of Directors was appointed and held its first meeting on 1 July 2010. The new board has held a total of eight board meetings since it was established.

A number of board sub-committees were set up and have met as often as needed since they were established:

Finance and Audit Property Health and safety Remuneration committee.

On 29 April, 2011, the company appointed Mr Rob Davies as Chief Executive on a part- time basis. He has extensive experience in Property Development /Management at a very senior level.

Mr Davies together with the Finance and Audit and Property sub committees have devised proper policies and procedures for procurement, capital commitments, financial authorization and reporting, and budgetary control. In addition, manuals for health and safety and human resources are currently being drafted. File management including hard and soft files systems have also been set up.

On the property front, we have carried out market research into our competition, pricing and specification and we have commenced a marketing programme on our two buildings, Blocks AA and G2. There has been interest, particularly in AA, and we have had discussions with a number of possible tenants for it. DLRP is operating in a very challenging marketplace, where there is significant oversupply, where NAMA can determine rents at very low levels to get properties let, and where the buyer is king. We are encouraged by interest we have received particularly on AA to date, but it is very clear that any early rents that will be achieved will be low, compared to the historic highs of just a few years ago.

Our accounts for the period from date of incorporation to 30 June 2010 and the year ended 30 June 2011 are attached. The notable inclusion in our June 2011 accounts is a write-down in the value of our land and buildings to €22,237,500. The Board took the decision to have an independent valuation carried out on our properties in September 2011 and this was provided by BNP Paribas. The valuation unfortunately reflects the very steep decline in the commercial property market over recent years and the very challenging market conditions within which we operate. We are fortunate that we are not in a position of needing to dispose of our properties at current values in a depressed market.

The Board is instead encouraged by the potential of our assets, our strategic location and the excellent infrastructure at Cherrywood, the fact we are not part of NAMA and, providing we remain agile and are creative about branding and the service proposition we offer, we will tap in to the encouraging signs of activity that are occurring particularly in the office marketplace.

41 Our clear commercial objective as a company is to add value to our assets over the coming years, whilst at the same time, recognising the changing economic and commercial environment within which we operate. In this regard the outcome of the current SDZ process will be crucial. The Company submitted a proposal for a high-quality business park on its land to the SDZ process in January this year. The business park as proposed would, in the company’s view, provide a unique, state of the art, sustainable and high-quality asset for the benefit of our shareholder, the County and the best commercial prospects for the Company.

Our immediate priorities for the coming year are to develop our branding for DLRP as the leading supplier of high quality state of the art business accommodation in Dublin, to achieve lettings on our two buildings at the best achievable rents and hopefully to see the emergence of an SDZ scheme that will place us on a sound commercial footing for the years ahead.

Pam Kearney Chairman, DLR Properties Ltd 6 December 2011”

42 DLR PROPERTIES LIMITED

ABRIDGED FINANCIAL STATEMENTS

FOR THE PERIOD FROM THE DATE OF INCORPORATION ON 16 NOVEMBER 2009 TO 30 JUNE 2010 DLR Properties Limited

CONTENTS

Page

Special Independent Auditors' Report to be annexed to the Annual Return 1 - 2

Balance Sheet 3

Notes to the Financial Statements 4 - 7 AUDITORS' REPORT TO THE DIRECTORS OF DLR PROPERTIES LIMITED PURSUANT TO SECTION 18(3) OF THE COMPANIES (AMENDMENT) ACT 1986

On 15 June 2011 we reported as auditors of DLR Properties Limited to the directors of the company on the abridged financial statements for the period ended 30 June 2010 on pages 3 - 7 and our report was as follows:

'We have examined : (i) the abridged financial statements for the period ended 30 June 2010 on pages 3 - 7 which the directors of DLR Properties Limited propose to annex to the Annual Return of the company ; and (ii) the financial statements to be laid before the Annual General Meeting which form the basis for those abridged financial statements.

Respective Responsibilities of Directors and Auditors It is your responsibility properly to prepare the abridged financial statements. It is our responsibility to form an independent opinion on those abridged financial statements and to report our opinion to you.

Basis of Opinion The scope of our work for the purpose of this report was limited to confirming that the directors are entitled to annex abridged financial statements to the Annual Return and that those financial statements have been properly prepared persuant to Sections 10 to 12 of the Companies (Amendment) Act, 1986 from the financial statements to be laid before the Annual General Meeting.

Opinion In our opinion the directors are entitled under Section 18 of the Companies (Amendment) Act, 1986 to annex to the Annual Return of the company the abridged financial statements and those abridged financial statements have been properly prepared persuant to Sections 10 to 12 of that Act (exemptions available to small and medium companies).

Other Information On 15 June 2011 we reported as auditors of DLR Properties Limited to the shareholders on the company's financial statements for the period ended 30 June 2010 to be laid before its Annual General Meeting and our report was as follows:

This report is made solely to the company's members, as a body, in accordance with Section 193 of the Companies Act, 1990. Our audit work has been undertaken so that we might state to the company's members those matters we are required to state to them in an auditor's report and for no other purpose. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the company and the company's members as a body, for our audit work, for this report, or for the opinions we have formed.

We have audited the company's financial statements of DLR Properties Limited for the period ended 30 June 2010 which comprise the Profit and Loss Account, the Balance Sheet and the related notes. These financial statements have been prepared under the accounting policies set out therein.

Respective responsibilities of directors and auditors The directors are responsible for the preparation of the financial statements in accordance with applicable Irish Law and Accounting Standards issued by the Accounting Standards Board and promulgated by the Institute of Chartered Accountants in Ireland (Generally Accepted Accounting Practice in Ireland) as set out in the Statement of Directors' Responsibilities.

Our responsibility is to audit the financial statements in accordance with relevant legal and regulatory requirements and International Standards on Auditing (UK and Ireland)

Page 1 AUDITORS' REPORT TO THE DIRECTORS OF DLR PROPERTIES LIMITED PURSUANT TO SECTION 18(3) OF THE COMPANIES (AMENDMENT) ACT 1986

We report to you our opinion as to whether the financial statements give a true and fair view and are properly prepared in accordance with the Companies Acts 1963 to 2009. We also report to you whether in our opinion: proper books of account have been kept by the company; whether, at the balance sheet date, there exists a financial situation requiring the convening of an Extraordinary General Meeting of the company; and whether the information given in the Directors' Report is consistent with the financial statements. In addition, we state whether we have obtained all the information and explanations necessary for the purposes of our audit and whether the company's balance sheet and its profit and loss account are in agreement with the books of account.

We also report to the members if, in our opinion, any information specified by law regarding directors' remuneration and other transactions is not disclosed and, where practicable, include such information in our report.

We read the Directors' Report and consider the implications for our report if we become aware of any apparent misstatement within it.

Basis of opinion We conducted our audit in accordance with International Standards on Auditing (UK and Ireland) issued by the Auditing Practices Board. An audit includes examination, on a test basis, of evidence relevant to the amounts and disclosures in the financial statements. It also includes an assessment of the significant estimates and judgements made by the directors in the preparation of the financial statements, and whether the accounting policies are appropriate to the company's circumstances, consistently applied and adequately disclosed.

We planned and performed our audit so as to obtain all of the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or other irregularity or error. In forming our opinion we also evaluated the overall adequacy of the presentation of information in the financial statements.

Opinion In our opinion the financial statements give a true and fair view, in accordance with Generally Accepted Accounting Practice in Ireland, of the state of the company's affairs as at 30 June 2010 and of its results for the period then ended and have been properly prepared in accordance with the Companies Acts 1963 to 2009.

We have obtained all the information and explanations we consider necessary for the purposes of our audit. In our opinion proper books of account have been kept by the company. The financial statements are in agreement with the books of account.

In our opinion the information given in the Directors' Report is consistent with the financial statements.

The net assets of the company, as stated in the balance sheet, are less than half of the amount of its called up share capital and, in our opinion, on that basis there did exist at 30 June 2010 a financial situation which under Section 40 (1) of the Companies (Amendment) Act, 1983, may require the convening of an extraordinary general meeting of the company.

Baker Tilly Ryan Glennon Baker Tilly Ryan Glennon Certified to be a true copy Registered Auditors Trinity House Pam Kearney Director Charleston Road Ranelagh Dublin 6 Tony Pluck Secretary

Date: 15 June 2011

Page 2 DLR Properties Limited

Balance sheet as at 30 June 2010

2010 Notes € €

Current assets Development properties 2 56,320,000 Debtors 3 1,667 Cash at bank and in hand 49,977

56,371,644 Creditors: amounts falling due within one year 4(56,387,302 )

Net current liabilities (15,658 )

Deficiency of assets (15,658 )

Capital and reserves Called up share capital 5 100 Profit and loss account (15,758 )

Shareholders' deficit (15,658 )

On 05 May 2011, we prepared the abridged financial statements and have relied on specified exemptions contained in Sections 10 and 12 of the Companies (Amendment) Act, 1986 on the ground that the company is entitled to the benefit of those exemptions as a small company.

The notes on pages 4 - 7 form an integral part of the financial statements.

The financial statements were approved by the board on 5 May 2011 and signed on its behalf by:

Pam Kearney David Farrelly Director Director

Page 3 DLR Properties Limited

Notes to the abridged financial statements for the period ended 30 June 2010

1. Accounting policies The following accounting policies have been applied consistently in dealing with items which are considered material in relation to the company's accounts.

1.1. Basis of preparation The financial statements have been prepared in accordance with accounting standards generally accepted in Ireland and Irish statute comprising the Companies Act, 1963 to 2009. Accounting Standards generally accepted in Ireland in preparing financial statements giving a true and fair view are those promulgated by the Institute of Chartered Accountants in Ireland and issued by the Accounting Standards Board.

1.2. Accounting convention The financial statements are prepared under the historical cost convention.

1.3. Turnover Long Term Contracts Turnover on long term contracts is recognised under the percentage of completion method. Long term contracts are assessed on a contract by contract basis and reflected in the profit and loss account by recording turnover and related costs as contract activities progress. Under this method revenues recorded represent the aggregate of costs incurred during the year and a portion of estimated costs for each contract. Revisions in estimates are reflected in the accounting period when the revision becomes known. Anticipated losses on contracts are charged to income in their entirety when the losses become evident.

No profit is recognised until the outcome of a long term contract can be assessed with reasonable certainty.

The amount by which recorded turnover is in excess of payments on account of individual contracts, is classified as amounts recoverable on contracts and included in debtors. The balance of payments received on account of individual contracts in excess of amounts matched with turnover, is classified as payments on account and included in creditors. The amount by which the provision for foreseeable losses exceeds the costs incurred after transfers to cost of sales in included within provisions for liabilities and charges.

Rental Income Turnover is recognised on rental income on a receivable basis.

1.4. Cash flow statement The company has taken advantage of the exemption in Financial Reporting Standard number 1 (revised 1996) "Cash Flow Statements" from the requirement to produce a cashflow statement as it meets the definition of a small company.

Page 4 DLR Properties Limited

Notes to the abridged financial statements for the period ended 30 June 2010

...... continued

1.5. Deferred taxation Deferred tax is recognised in respect of all timing differences that have originated but not reversed at the balance sheet date where transactions or events have occurred at that date that will result in an obligation to pay more tax or a right to pay less tax in the future.

Timing differences are differences between profit as computed for taxation purposes and profit as stated in the financial statements which arise because certain items of income and expenditure in the financial statements are dealt with in different periods for taxation purposes.

A net deferred tax asset is regarded as recoverable and therefore recognised only when, on the basis of all available evidence, it can be regarded as more likely than not that there will be suitable taxable profits from which the future reversal role of the underlying timing differences can be deducted.

Deferred tax is measured at the tax rates that are expected to apply in the periods in which the timing differences are expected to reverse based on tax rates and laws enacted or substantively enacted at the balance sheet date. Deferred tax is measured on a non-discounted basis.

1.6. Current Taxation Corporation tax payable is charged on taxable profits at applicable corporation tax rates.

1.7. Development properties Development properties consists of land and buildings acquired in the course of the development trade of the company. The land and buildings are held for resale and are stated at the lower of cost or open market value.

2. Development Properties 30 June 16 November 2010 2010 € €

At the beginning and end of the period 56,320,000 -

The properties consist of land and beneficial interest in a joint venture as described in notes 4 and 7 to the financial statements.

3. Debtors 2010 €

Other Debtors 40 Vat Repayable 1,627 1,667

Page 5 DLR Properties Limited

Notes to the abridged financial statements for the period ended 30 June 2010

...... continued

4. Creditors: amounts falling due 2010 within one year €

Trade creditors 9,468 Loan amount owing to related party (Note 7) 56,370,000 Accruals 7,834

56,387,302

Loan amount owing to related party

The loan is secured by the following:

The loan comprises of a term loan facility advanced by Dun Laoghaire Rathdown County Council in accordance with the delivery to the company of the transfer of lands and the Councils interest in the Cherrywood joint venture.

A mortgage debenture (No. 2.1) being lands comprised on Folio 86937L of the register of County Dublin. The assigned contract therein described as "The disposal agreement dated the 24th day of May 2010 made between the Council of the one part and the chargor of the other part. Whereunder the company acquired all the assets, rights, interest and entitlements of the Council under a joint venture agreement of the 8th August 1997 as amended made between the Council of the one part and Cherrywood Science and Technology Park and several others of the other part and all rights of action, indemnities and all assets and moneys whatsoever transferable and or payable to or for the account of the chargor thereunder and all rights of security held now or in the future by the chargor under or in connection with such assigned contract and all other rights and benefits whatsoever accruing to the chargor as a result of the aforesaid."

All the undertaking property and assets of the chargor whatsoever and wheresoever situate in the world both present and future not effectually subject to any legal mortgage, security, assignment or fixed charge created or evidenced by this debenture.

All that and those lands comprised on Folio 86937L of the register of County Dublin. All of the undertaking property and assets of DLR Properties Limited whatsoever and wheresoever situate in the world both present and future not effectually subject to any legal mortgage, security assignment or fixed charge created or evidenced by the charge/debenture.

Page 6 DLR Properties Limited

Notes to the abridged financial statements for the period ended 30 June 2010

...... continued

5. Share capital 2010 € Authorised equity 1,000,000 Ordinary shares of €1 each 1,000,000 1,000,000

Allotted, called up and not fully paid equity 100 Ordinary shares of €1 each 100 100

6. Ultimate parent undertaking The company's ultimate parent undertaking is Dun Laoghaire Rathdown County Council which wholly owns DLR Properties Limited.

7. Related party transactions

DLR Properties Limited is wholly owned by Dun Laoghaire Rathdown County Council. During the period, the company acquired land valued at €20,520,000 and a beneficial interest in a joint venture valued at €35,800,000 from Dun Laoghaire Rathdown County Council. The land and beneficial interest in the joint venture comprise of land and buildings located at Cherrywood Science & Technology Park, Loughlinstown, Co. Dublin. The assets were transferred and the consideration, amounting to €56,320,000, is subject to two separate loan agreements between the two parties.

The Council also advanced an interest free loan in the sum of €50,000 to DLR Properties Ltd for start-up costs.

At the 30 June 2010, a total amount of €56,370,000 was owing to Dun Laoghaire Rathdown County Council.

8. Accounting period

The accounting period is from the date of incorporation on 16 November 2009 until 30 June 2010.

9. Approval of financial statements

The board of directors approved the financial statements and authorised them for issue on 05 May 2011.

Page 7

The report of the Chairman of DLR Properties was NOTED .

C/1060/11 Report on Circus Field, Booterstown

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

“Car Park Development at ‘Circus Field’ Booterstown To the Cathaoirleach and Elected Members of Dún Laoghaire-Rathdown County Council

1. Background It has long been an objective of the Council to improve linkages between Dún Laoghaire Town Centre and the waterfront through covering over the railway line adjacent to the Metals at the Pavilion development and Moran Park. The County Development Plan 2004 to 2010 contains the following statement:

‘4.4.6 The Metals, The DART line Crofton Road and Queen’s Road The Metals, the DART line, Crofton Road and Queens Road have been identified as elements that divide the harbour and the town centre, The potential to reverse this situation and create links between the town centre and the harbour at strategic points needs to be addressed when considering future development in this area.

The bridging over of the DART line at strategic points would remove the physical divide between the harbour and the town. This also opens up opportunities to create civic spaces linked with the Metals, animated with appropriate uses including a Dún Laoghaire food and producers and craft market, as a tourist development project.’

The County Development Plan 2010 – 2016 echoes the same concern regarding the separation between the town and the waterfront created by the DART and by Crofton Road and Queen’s Road. The Plan refers to the proposal to create ‘ a significant new public space along the frontage of the Pavilion development which will deck over the railway line .’

It was not possible to advance this objective over the years because the required co- operation of Iarnród Eireann was not forthcoming. In late 2008, after a series of meetings, Iarnród Eireann agreed to cooperate with the project in return for the Council’s support in providing additional car parking adjacent to a number of DART Stations.

The Council at its meeting on 9 February 2009 considered a report from the Manager entitled ‘ Car Park Development at ‘Circus Field’ Booterstown ’. The Report noted that Iarnród Eireann had agreed that in return for the opening up of the ‘Circus Field’ on a temporary basis for use by DART commuters they would facilitate the Council’s project to cover over the railway line adjacent to the Metals at the Pavilion development and Moran Park in Dún Laoghaire.

The report contained the following recommendation and notification from the Manager:

‘I recommend that the Council agree to the request from Iarnrod Eireann to open the ‘Circus Field’ as a car park on a temporary basis for use by DART commuters and by individuals wishing to access the Park, when the Field is not required for other events. The provision of ‘park and ride’ facilities adjacent to DART Stations is

43 consistent with Council policy as is the provision of improved car parking in Blackrock Park. Agreement to open the ‘Circus Field on this basis will facilitate the project to cover over the railway line adjacent to the Metals at the Pavilion Development.

Members are hereby notified, in accordance with Section 138 of the Local Government Act 2001, of the intention to undertake certain works at the Circus Field (incl. the installation of the oil interceptor, the erection of a barrier at the entrance and the planting of trees).’

After discussion of the report and a roll call vote the proposal was carried.

2. Developments Since February 2009

Following the decision of the Council at its February 2009 meeting, the outstanding works to the Circus Field car park were completed. However, a decision was made not to open the car park pending a decision on a Section 5 reference to An Bord Pleanála in relation to the planning status of the works that had been carried out. After the Section 5 reference had been determined the opening of the car park was further deferred while the issue of a possible material contravention of the County Development Plan was considered. (See Section 3 below.)

With the full co-operation of Iarnród Eireann, the Council proceeded with phases 1 and 2 of the project to cover over the railway line adjacent to the Metals at the Pavilion development and Moran Park. Both phases are now substantially complete. This has been one of the most successful urban regeneration projects ever undertaken by the Council and it has been widely acclaimed as such.

3. Section 5 Reference and Material Contravention An application under Section 5 of the Planning and Development Act 2000, as amended, can be made to a planning authority to get a determination on whether or not a proposed development requires planning permission. A Section 5 application submitted in respect of the ‘Circus Field’ car park was decided by the planning authority on 2 February 2009 as follows:

‘… the proposed development is exempted development under Section 4 (1) (b) (Exempted Development) of the Planning and Development Acts 2000-2006.’

An application to review the Planning Authority’s decision on the Section 5 reference was then submitted to An Bord Pleanála. On 22 April 2010 the Bord made the following decision on the application:

‘The said development of car parking facilities, drainage and change of ground levels at Williamstown Circus Field, Blackrock Park Lands, County Dublin is development and is exempted development.’

The Inspector, in his report to An Bord Pleanála, noted that the issue of whether any development constitutes a material contravention of a Development Plan can only be determined by the High Court. Notwithstanding this he expressed his opinion that the development of the car park at the ‘Circus Field’ site materially contravened the County Development Plan 2004-2010. In his report the Inspector stated as follows:

‘I acknowledge that the provision of a ‘car park’ is listed as a use that is “open for consideration” under the relevant open space (Objective F) zoning. However, the term “open for consideration” is defined in the Plan as applying to uses which “would be compatible with the overall policies and objectives of the zone, would not have undesirable effects and would otherwise be consistent with the proper

44 planning and sustainable development of the area.”

Having looked at the other policies and objectives for the zone, which is to preserve and provide for open space and recreational amenities, I find it difficult to accept that the provision of a car park , per se, would be compatible with this aim.’

Prior to the recent receipt of Counsel Opinion it had been the Council’s view that the development of a car park at the Circus Field did not constitute a material contravention of the Development Plan. In a report to the February 2009 Council meeting the then Acting Director of Planning reported as follows:

‘The Act, provides that a local authority shall not effect any development, which contravenes materially its Development Plan. The ‘Circus Field’ is zoned F ‘to preserve and provide for open space and recreational amenities’. A car park is one of the uses ‘open for consideration’ on zoned F lands. Uses ‘open for consideration’ are uses which may be permitted where the Planning Authority is satisfied that the proposed development would be compatible with the overall policies and objectives of the zone, would not have undesirable effects and would otherwise be consistent with the proper planning and sustainable development of the area.

Chapter 9 of the County Development Plan, which deals with Landscape, Heritage and Amenities, contains a specific objective ‘to improve Blackrock Park including the provision of short term recreational parking facilities’. In addition, Chapter 11, which deals with Transportation, states that it is Council policy ‘to facilitate the provision of public car parks close to public transport nodes’. The Act imposes an obligation on a Planning Authority to secure the objectives of its Development Plan. Finally, the provision of adequate car parking is considered to be important to the successful operation of parks in the county.

Conclusion I am satisfied that the development of a car park on the ‘Circus Field’ does not materially contravene the County Development Plan 2004 to 2010.’

A report prepared by a Senior Planner circulated with the Agenda to the Council meeting on 8 November 2010 (the item was not reached at the meeting) contained a detailed review of the issues raised by the Inspector in his report. The report concluded as follows:

‘In my opinion the car park use is compatible with the overall policies and objectives of the 2004-2010 Development Plan and is therefore not a material contravention of the County Development Plan.’

4. Section 140 Motion

The following motion was considered by the Council at its meeting on 13 December 2010:

‘Pursuant to Section 140 of the Local Government Act, 2001 (submitted by Councillors Barry Ward, Richard Humphreys, Victor Boyhan & Richard Boyd Barrett)

That this Council compels the Manager not to open the area known as the Circus Field at Williamstown, Booterstown, Co. Dublin, between the Rock Road, Seafort Parade, the DART tracks and Carroll & Kinsella motors, for car parking, without first seeking independent legal advice on the legality of opening such a car park, providing such legal advice to Councillors, and obtaining consent from Councillors at a properly convened council meeting.’

In response the Manager indicated that he proposed to obtain Counsel opinion on the issues raised in the motion. He gave an undertaking that in the meantime the car park would not be opened. The Motion was then withdrawn.

5. Opinion of Conleth Bradley, Senior Counsel A detailed brief for Counsel was prepared by the Law Agent and was issued to Mr Conleth Bradley, Senior Counsel on 13 July 2011.

The issue of whether any development constitutes a material contravention of a Development Plan can only be determined by the High Court. Essentially, Mr Bradley was asked to put himself in the position of a High Court judge and make a legal call as to whether the development of a car park at the ‘Circus Field’ to serve DART commuters might constitute a material contravention of the County Development Plan. A copy of his advices of 2 November 2011, 6 December 2011 and 8 December 2011 are attached.

The following issues arise from Mr Bradley’s Opinion:

1. It is clear that there is a risk that the High Court could determine that the provision of a car park at the ‘Circus Field’ as originally envisaged constitutes a material contravention of the County Development Plan.

2. It is clear, based on the legal advice, that the current approach to implementing Section 138 the Local Government Act, 2001 which covers the notification of the Council of new works that are about to commence will have to be reviewed.

6. Conclusions In light of the issues raised in Mr Bradley’s legal opinion I am proposing, subject to the agreement of the Council, to proceed as follows:

1. The development of a car park at the ‘Circus Field’ as originally envisaged for use by DART commuters will not be pursued further . 2. Subject to further legal advice, consideration will be given to whether it would be possible to develop a more modest car park at the Circus Field to serve short term parking needs associated with recreational use of Booterstown/Blackrock Park. Consideration will also have to be given to how this might be achieved. A report will be brought to the Area Committee in due course. In the meantime the car park will remain closed. 3. Revised proposals will be prepared and brought to the Council in relation to the implementation of Section 138 of the Local Government Act, 2001.

Owen P Keegan County Manager

8 December 2011

CONLETH BRADLEY Senior Counsel Law Library Building, P.O. Box 4460, 158-159 Church Street, Dublin 7 T: +353 01 8172803 M: +353 087 1404747 F: +353 01 8175151 D.X. 811 024 DUBLIN

8 th December 2011 BY E-MAIL & BY POST

Edward C. Hughes County Law Agent Legal Services Department Dun Laoghaire-Rathdown County Council County Hall Dun Laoghaire.

RE: Circus Field- request for advices

Dear Mr. Hughes,

I refer to the above matter. This is my third letter of advices and this letter is a repeat of my letter of advices dated the 2 nd November 2011. The only change is to a clarify the source of a quotation which I am happy to do. This is on page 4 with additional footnotes. In doing so I wish to emphasise that it does not change my advices in any way and same are reiterated.

I refer to the above matter and your request for advices dated the 13 th July 2011 with enclosures and our subsequent consultation held last September when it was agreed that I would furnish my advices by mid-October 2011. My apologies for the slippage on my part in not furnishing these advices to you last month.

You have set out a very comprehensive case to counsel running to some 13 pages which I do not intend to repeat. In addition you have furnished me with a number of documents helpfully paginated which are referred to in the case to counsel. These advices adopt the facts referred to therein.

While I deal with the four specific questions asked of me in sequence below, it is perhaps best that I set out at the outset the nub of my views on the issue raised.

The central question relates to the type of car park which should be opened and used at Circus Field. I am of the view that what appears to be envisaged in the Development Plans furnished is the use of the Circus Field as a car-park for short-term recreational purposes rather than as a park and ride for long-term commuters. Such a use i.e. for short-term recreational purposes would, in my view, avoid any arguments about possible material contravention.

In terms of commenting on the legality (validity, vires etc) of either previous decisions of the Manager or assessing the vires of future potential decisions of the Elected Members (eg pursuant to section 140 of the Local Government Act 2001), the recent case law from the Superior Courts emphasizes that these are questions to be determined by the Courts: see the decision of the Supreme Court (O’Donnell J.) in Wicklow County Council v. Wicklow County Manager [2010] IESC 49.

47 Thus while it is for the Superior Courts and not for the Planning Authority (nor indeed counsel) to decide as a matter of law whether a particular development is a material contravention of the development plan, I have been asked to give my views on the alternative assessments made by the Board’s inspector, on the one hand, and the Council’s planning officials, on the other hand, on the “material contravention” issue.

In addition the Courts have established certain principles which may be of assistance given the bifurcated nature of local government decision making. Thus, save in the case of a flagrantly invalid decision, decisions, for example by the Manager, enjoy the presumption that they were validly made with legal consequences until same are declared otherwise by a Court: Re Comhaltas Ceolteoiri Eireann (unreported, High Court, Finlay P., December 14, 1977.) Also a local authority cannot be fettered as to its discretion by an estoppel: Re Green Dale Building Co [1977] IR 257 at 264.

Four particular questions are raised and I now deal with these seriatim . In so doing I have found it helpful to change the order in which the questions were posed. It seems to me that the answer to the first question – now the material contravention question- while not completely dispositive of the other questions, is of assistance in informing how they are to be addressed.

Question 1 (the material contravention question)

Counsel will specifically review the analysis by the Board’s Inspector of the Council’s Development Plan 2004 and the Planning Department’s critique of same, the inspector’s review of relevant case law regarding the role of the High Court on the material contravention issue; the proposals of the Transportation Department and advice of the Planning Department thereon in the context of the 2010 Development Plan and advise whether or not the proposed opening of the Circus Field as a “temporary” car park (on an “as is” basis or with controlled Pay and Display – per the Road Traffic Acts) is, or is not, material contravention of the Council’s 2004 (if this has any relevance) and 2010 Development Plans.

Response

It goes without saying (and indeed is a matter on which I am in agreement with Mr. Jones at page 13 of his report) that it is for the Superior Courts and not for the Planning Authority (nor a lawyer) to decide as a matter of law whether a particular development is a material contravention of the development plan.

In Maye v. Sligo BC [2007] IEHC 146 the High Court (Clarke J.) held that the development in question in that case contravened an objective to establish a linear park and therefore a default permission did not arise. In the following comments Clarke J. usefully points out how the courts are reluctant to step into the shoes of planning officials where questions of “planning judgment” are concerned while simultaneously emphatically confirming that it is for the Superior Courts and not for the Planning Authority to decide as a matter of law whether a particular development is a material contravention of the development plan:

…it seems to me that to go further and involve the court in deciding the questions of planning judgment as to what sort of planning permission might properly be allowed in a particular area would be wrong in principle for a number of reasons.

Firstly it would seem to me to amount to legislation by the courts.

Secondly it seems to me that it would involve the courts in a role inappropriate to the courts. The content of a development plan is determined by the elected members of the planning authority after a process specified in law. The judgments

48 involved are matters for the elected local representatives with whatever advice they consider appropriate. Once the development plan has been adopted it is then there in black and white in documentary form. While there may be difficulties in determining, on the facts of an individual case and having regard to the way in which the development plan is formulated, whether a particular development is in contravention of that plan, such questions of construction of a development plan and the application of the plan as properly construed to the facts of a case, are no different, in principle, from the types of questions of construction and application to the facts of cases that the courts have to deal with in a huge variety of circumstances. There is nothing, therefore, unusual in asking a court to construe a document and apply it to the facts of a case. This is so even where the document is generated in a context that requires some degree of expert knowledge to inform its construction. That expert knowledge can be supplied by expert evidence as appropriate.

However to ask the courts to go further and form a generalised judgment about whether a particular planning permission would ordinarily be allowed would be to involve the courts in exercising the type of planning judgment which requires an expertise which the courts do not have and would involve the courts in a role not contemplated by planning legislation. It seems to me, therefore, that if there are to be limitations beyond the material contravention limitation then it is a matter for the Oireachtas to determine, as a matter of policy, what those limitations should be. Clearly, despite the many comments made by courts as to the potential unfairness of the default permission regime, the Oireachtas was not persuaded to introduce any such limitations when revisiting the issue on the enactment of the consolidation 2000 Act. The Oireachtas has, therefore, in my view, at present, set its face against such limitations. In those circumstances it would be wrong of the courts to impose them.

I, therefore, propose approaching the limitation in this case on the basis that in order for the limitation to apply it is necessary that it be established that the application concerned involved a proposal that was in material contravention of the development plan.

The question of what constitutes a material contravention of a development plan needs to be approached in two parts. Firstly, the proposed development must be in contravention of the development plan. Secondly, the manner in which it is in contravention of the development plan must be material. On that basis I propose to consider the question of whether the development in this case was in material contravention of the Sligo Development Plan. That this is a matter for the courts is clear from Tennyson v. Dun Laoghaire Corporation (1991) 2 I.R. 527. (Emphasis added)

Section 178 of the Planning and Development Act 2000 prohibits the Council from effecting any development which contravenes materially the development plan. Generally the requirements therefore are (a) the contravention of a development plan- where, for example, its terms are sufficiently specific, and (b) this contravention must be material in planning terms.

The Circus Field is zoned Objective F “To preserve and provide for open space and recreational amenities”.

Firstly, I would agree with Mr. Jones that the fact that this development falls within a zoning where the type of development is “open for consideration” (including car park) does not of itself mean that the development may not be a material contravention of the development plan. Indeed paraphrasing the comments of the High Court (Irvine J.) in

49 Cicol Ltd v. An Bord Pleanala [2008] IEHC 146 the uses of land described as being “permitted in principle” or “open for consideration” are merely guidelines in relation to the use of land and that there are a multitude of other factors including density, height, massing etc. to be considered by the Planning Authority when deciding whether or not any proposed development, whether “permitted in principle” or “open for consideration” is to be deemed to be one which does not materially contravene the Development Plan for the area. (That of course was a decision which involved the Dun Laoghaire Rathdown Development Plan).

I would therefore not agree with the emphasis which Ms. Henchy, Senior Planner, and Mr. Walsh attribute to the term of art “open for consideration.”

Secondly, I am not sure how 1 the reference to the objective `to improve Blackrock Park by the provision of short term parking facilities` 2 can be equated 3 with the provision of a car park intended for long-term commuters. The “planning materials” relied upon appear to me to be referable to short term car parking which is recreational in nature rather than a park and ride facility for commuters.

The issue essentially comes down to an interpretation of the nature of the parking facilities which can now be provided and I am more persuaded by the analysis carried out by Mr. Jones at pages 15 to 19 of his report than the critique presented by Ms. Henchy and Mr. Walsh.

(The views of Mr. Jones on legal matters (whether one or agrees or disagrees and whether interesting or not) have no relevance to the section 5 jurisdiction of the Board: see the decision of Charleton J. in McNulty v. Clare County Council [2011] IEHC 337. Indeed it is something which the Inspector himself accepts at page 13 of his report but notwithstanding his own correct views of the limited jurisdiction of the Board in this regard, Mr. Jones then goes on beginning at page 15 of his report to give his view as whether the said development materially contravenes the development plan).

Having examined the arguments either way I am of the view that what appears to be envisaged in the Development Plans is the use of the Circus Field as a car-park for short- term recreational purposes. This use of course appears to be something which can be addressed by way of regulatory measures. Given my views, I have therefore not commented on the issues particularly canvassed in Mr. Walsh’s memorandum dated the 1st July 2011 regarding opening the car park “as is” or “controlled car parking” i.e. pay and display.

Question 2 Whether any residual or other legal impediment exists which requires to be addressed and which would prevent the Council from opening the car park for use “as is” or, having complied with the operative statutory procedures to open it for use as a controlled “park and ride” facility as envisaged by the Transportation Department ?

Response This question is for all intents and purposes overtaken by my views on the material contravention question.

Importantly a car-park has not yet opened at the Circus Field. Much of the debate centres around the nature or the type of the car-parking which should be facilitated at the Circus Field. My view is that the nature of the car park to be opened is one for short

50 term car parking which is recreational in nature rather than a park and ride facility for commuters.

Obviously my views on the type of car parking envisaged require to be considered before any further step is contemplated and before any advice on any further possible step can be offered. While the Part 8 process emphasises the requirement of public participation in relation to the types of `local authority development` prescribed in the Regulations and notwithstanding that in the event a car park at Circus Filed is eventually opened it will co-exist with another car park on another part of Blackrock Park, namely the car park at Phoenix Terrace, it is necessary to clarify the Council’s views as to whether Part 8 of the Planning Regulations, given the definition of “development” (and indeed the definition of “use”) as per section 3 of the Planning and Development Act 2000, can have any application to something which at this stage has in fact been developed and where I am instructed that the estimated costs were below the threshold of €126,000.00.

Question 3 Would Counsel review the application of the provisions of section 138 and section 139 of the Local Government Act 2001 and advise whether or not same are applicable at this point and what implications, if any, now arise ?

Response These sections essentially repeat provisions in the former City and County (Amendment) Act and together they provide that where the Elected Members are informed by the County Manager of proposed works they may direct the Manager not to carry out such works provided of course the Council is not required to carry out these works by statute or by court order. I am instructed that the works have been completed for some time now and therefore these provisions are not applicable at this point in time.

That said I think that what is described as the informal policy for utilizing section 138 (namely the application of a €126k threshold) is incorrect though one can readily appreciate its practicality. Technically the notification which took place in February 2009 of the remaining works is not what is envisaged from a sequential or chronological perspective by the terms of section 138 (interpreted purposively with section 139) but it is noted that the Elected Members did not seek to pass any motion stopping the remaining works but in fact voted in favour of the County Manager’s recommendation. While there is always a possibility that in any putative judicial review application this (and I am not suggesting that same was “ de mininmis ”) may be sought to be raised as aground, it faces a substantial time hurdle which has to be overcome, and from the perspective of the Elected Members there was a degree of acquiescence after notification occurred in February 2009.

Question 4 Having regard to (a) the agreement with IE (b) the terms of the Council vote in February 2009 and (c) the subsequent giving effect to the Council’s approval of the expenditure incurred, ought the Manager advise the Council (i.e. the Elected Members) that it would not be lawful for the Council, by a section 140 Resolution, to direct him not to open the car park at the Circus Field ? Would the Manager be acting ultra vires were to fail to act on such a section 140 resolution if passed ?

Response Given my views on Question 1, I am assuming that the nature of the car park which will be opened is one for short term car parking which is recreational in nature rather than a park and ride facility for commuters. This question is therefore essentially otiose if my assumption is correct.

Furthermore the decision of An Bord Pleanala pursuant to section 5 can only relate to whether a development (here whether the development of car parking facilities,

51 drainage, change of ground levels etc) is or is not development and is or is not exempt development and nothing more, and a local authority cannot be fettered as to its discretion by an estoppel.

Thus notwithstanding the agreement with IE, the Council cannot act contrary to section 178 of the Planning and Development Act 2000 (as amended). Thus in my view the nature of the car park to be opened is one for short term car parking which is recreational in nature rather than a park and ride facility for commuters. In those circumstances I cannot see how the contemplated section 140 resolution envisaged in this question will arise.

Yours sincerely,

Conleth Bradley

______CONLETH BRADLEY SC

52 CONLETH BRADLEY Senior Counsel Law Library Building, P.O. Box 4460,158-159 Church Street, Dublin 7 T: +353 01 8172803 M: +353 087 1404747 F: +353 01 8175151 D.X. 811 024 DUBLIN

61h December 201 1 BY E-MAIL ONLY

Edward C. Hughes County Law Agent Legal Services Department Dun Laoghaire-Rathdown County Council County Hall Dun Laoghaire.

RE: Circus Field

Dear Mr. Hughes,

I refer to the above matter and to your letter dated the 281h November 201 1, to my advices dated the 2"d November and to my meeting with yourself, the County Manager, the Deputy Manager, Mary Henchy and Liam Walsh on the 151h November 201 1. 1 also note Ms. Henchy's memorandum dated the 161h ~ovember201 1.

In particular I refer to your letter of the 281h November and your reference to Mary Henchy's memorandum which refers to that part of my advices which states "secondly, I am not sure how Ms. Henchy can equate the reference in the objective "to improve Blackrock Park by the provision of short term parking facilities" with the provision of a car park intended for lona- term commuters".

I have no problem if Ms. Henchy wishes to correct a misquotation. However, I wish to emphasise that my advices have not changed. I expressed the view previously, and I remain of the view, that what appears to be envisaged in the Development Plans furnished is the use of the Circus Field as a car-park for short-term recreational purposes connected with the park. I repeat my view expressed in my previous advices that the use of the car park for short-term recreational purposes would avoid any arguments about possible material contravention.

I sought in my previous advice to set out (a) what car-parking appears to be contemplated at the Circus Field (and in this regard I understand that the Council's planning officials do not disagree with the view that the Circus Field can be used as a car-park for short-term recreational purposes connected with the park) and (b) to suggest an approach which seeks to avoid possible risk and potential costly litigation. In this regard while I have every sympathy for the task faced by planners in the position of Mary Henchy and Liam Walsh and while it was never my intention in my first letter of advices to unfairly criticise their assessments, I hope they understand that I was being asked to make a legal call on something which ultimately is a question of law for a court to decide.

In this regard, as I previously advised, I think the provisions of Section 178 of the Planning and Development Act 2000 which prohibits the Council from effecting any development

Page 1 of 2 which contravenes materially the development plan mandates a cautious approach. Also while on the one hand the courts have a adopted what might be termed a deferential approach (curial deference) to planning authorities where "ordinary planning judgments" such as planning permissions and the substantive content of development plans are concerned in judicial review challenges, this must be contrasted with the question of material contravention where the courts have unequivocally stated that the issue of material contravention is a question of law to be decided by the courts. I think this issue may be at the heart of the problem or confusion in terms of approach. As stated I have every sympathy for planners when faced with such issues. However I would point to the quotation from Mr. Justice Frank Clarke in the Maye case at pages 3 and 4 of my advices dated the 2"d November which clearly sets out the difference of approach.

In summary I would make the following points:

One cannot stress enough the importance of the participation and consultation of the public in the making of development plans. The courts have repeated this. In addition the Courts have described a dichotomy between questions of planning judgment on the one hand (not for the courts) and material contravention on the other (a matter of law to be decided by the courts). Furthermore the provisions of Section 178 of the Planning and Development Act 2000 which prohibits the Council from effecting any development which contravenes materially the development plan mandates the adoption of a cautious approach.

Therefore in my previous advices, and as I have reitereated in these advices, I have sought to emphasise that the use of the car park for short-term recreational purposes connected with the park would avoid any arguments about possible material contravention (and as stated earlier regard I understand that the Council's planning officials do not disagree with the view that the Circus Field can be used as a car-park for short-term recreational purposes connected with the park).

Yours sincerely,

CONLETH BRADLEY SC

Page 2 of 2

Following discussion, during which Mr. O. Keegan, County Manager, responded to Members queries, the report was NOTED .

C/1061/11 Minutes of the Corporate Policy Group meeting held on Wednesday 23rd November 2011

The following minutes of the Corporate Policy Group were CONSIDERED :

“MINUTES OF CORPORATE POLICY GROUP MEETINGS 22nd November 2011.

Attendance: Councillors: An Cathaoirleach, Cllr John Bailey, Cllr Gerry Horkan, Cllr Denis O’Callaghan, Cllr Niamh Bhreathnach & Cllr Maria Bailey.

Apologies: Councillor Tom Joyce.

Officials: Owen Keegan (County Manager), Helena Cunningham (Director of Finance), Charles MacNamara (Director of Housing) Tom McHugh (Director of Transportation) Frank Austin (Director of Water & Waste) and Kathleen Holohan (Director of Planning).

Item 1 Minutes It was proposed by An Cathaoirleach Councillor John Bailey and seconded by Councillor Maria Bailey

“that minutes of Corporate Policy Group Meeting of 3 rd May 2011 be confirmed and adopted”

Item 2 Review of Draft Budget 2012 Two documents were circulated to the members as follow: i) Managers Report ‘Outturn for 2011 and Draft Budget 2012’ and ii) Draft Budget Book 2012

The County Manager briefed the Members on the details of his report.

The Director of Finance and the various Directors of Service also briefed the Members on the details in the Draft Budget Book 2012.

The meeting concluded at 2.30.

23 rd November, 2011 .

The meeting resumed at 12.30 on 23/11/11.

ATTENDANCE : Councillors: An Cathaoirleach, Cllr John Bailey, Cllr Gerry Horkan, Cllr Denis O’Callaghan, Cllr Niamh Breathnach & Cllr Maria Bailey.

Apologies: Councillor Tom Joyce.

Officials: Owen Keegan (County Manager), Helena Cunningham (Director of Finance), Richard Shakespeare (Director of Environment, Culture & Community & Tony Pluck (Director of Corporate Services & IT)

53 The Director of Finance and the various Directors of Service also briefed the Members on the details in the Draft Budget Book 2012.

Following discussion it was agreed to schedule a further meeting of the Corporate Policy Group on Friday 9 th December 2011 when the impact of the national budget and the allocation of the Local Government Fund could be considered.

The meeting concluded at 2.30 p.m.”

The following amendments to the minutes were AGREED:

1. “That the meeting of Corporate Policy Group held on 22 nd November 2011 commenced at 12.30 p.m.” 2. “That the wording ‘the meeting concluded at 2.30pm’ be amended to ‘the meeting adjourned at 2.30 p.m.’”

The minutes of the Corporate Policy Group meetings held on the 22 nd and 23 rd November 2011 were NOTED .

C/1062/11 Ministerial/Departmental Correspondence

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

C/1063/11 Other Correspondence

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

“(a) Letter from Monaghan County Council re: the Keane Report. (b) Letter from South Tipperary County Council re: Rates (c) Letter from Monaghan Town Council re: Proposed increase in VAT.”

C/1064/11 Cathaoirleach's Business: Councillor J. Bailey

(a) Resignation of Mr. John Guckian, Senior Executive Officer

An Cathaoirleach, Councillor John Bailey led tributes from the Members, the Manager and staff to Mr. John Guckian, Senior Executive Officer on his resignation from Dún Laoghaire-Rathdown County Council. An Cathaoirleach wished him and his family well for the future and thanked him for his contribution and commitment to the Public Sector for the past 41 years.

(b) Vote of Congratulations – Annalise Murphy

A vote of congratulations was passed with Ms. Annalise Murphy for becoming the first Irish sailor to qualify for 2012 Olympics in London. It was AGREED by the Members to send a letter of congratulations to Ms. Murphy.

An Cathaoirleach, Councillor J. Bailey congratulated staff for their involvement in the following events:

1. Senior Citizens/Active Retirement: Ecumenical Service and afternoon of Free Events. 2. Dún Laoghaire Christmas Festival. 3. Shankill 25 years.

C/1065/11 Summer Festival Calendar

It was proposed by Councillor B. Saul and seconded by Councillor M. Baker:

"That this Council request the Manager given the success of this summers festival calendar in Dún Laoghaire, to continue with the policy of holding a large number of smaller more manageable mini events across the County rather than the previous large scale one off events"

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

“The attached report sets out in some detail the range of events, the estimated number of people who attended and the relevant cost of each event.

In summary approximately 122,000 people attended 10 events over a six week period at a cost to the Council of €366,000. In the six week period from August 1 st there were 30 discreet event days.

The events programme was run in association with the Dun Laoghaire BRAND project under the title “Summer is a Festival” and was promoted from early July through Bus Shelter and DART advertising along with building wraps, on street banners, www.dunlaoghaire.ie and www.dlrevents.ie (25,000 unique visitors between both sites over the 2 month period) and various print and television media outlets which gave the Council a presence across all media outlets throughout July, August and September. This yielded the visitor numbers outlined above. The events proved to be exceptionally popular for a wide and diverse audience evidenced by the many compliments received verbally, by letter and email. The Business Association in Dun Laoghaire has expressed its satisfaction of this year’s events and has indicated its preference for a smaller series of events rather than one main event. The main criticism is that the events were too Dun Laoghaire centric and on occasions overlapped on events elsewhere in the County. In mitigation, the “raison d’etre”, for the series of events was to try and fill the void left by the absence of the Festival of World Cultures.

The main challenge for next year and future years is how to expand the events across the County with reducing budgets. Analysing the figures in the report would suggest that the best Value For Money could be achieved by supporting a larger number of events and producing less in house events.

I believe that it is in the Council’s and the County’s best interest to develop an integrated programme of events across the County rather than one large event that will provide better variety, more entertainment and Value For Money and will also allow us to develop a “Destination dlr” brand for the summer months which should benefit both the business and residential communities across the County.

Dun Laoghaire Rathdown County Council

SUMMER IS A FESTIVAL EVENTS REPORT

September 2011

Summary DATE EVENT DURATION GENRE VENUE ATTENDANCE COST (incl. VAT)€ Aug 1 st The Bay 10K 1 day Sport Dun Laoghaire 3,100 50,000 Aug 5 th – Classical 3 days Music The Peoples Park 4,500 40,000 Aug 7 th Twist Aug 6 th Soundwave 1 day Music The Peoples Park 750 11,000 Aug 6 th & Model 2 days Exhibition County Hall 3,500 7,500 Aug 7 th Railway Exhibition Aug 12 th – Festival des 3 days Festival Dun Laoghaire & 69,364 55,000 Aug 14 th Bateaux East Pier Aug 13 th Summer 1 day Exhibition County Hall 2,500 0 Flower Show Aug 20 th – Chalk 2 days Arts and Family Dun Laoghaire & 15,000 45,000 Aug 21 st Festival Harbour Plaza Aug 20 th – Ukulele 2 days Music Festival The Peoples Park 4,000 7,500 Aug 21 st Hooley Aug 25 th – Dublin Bay 4 days Music and Food The Peoples Park 12,000 60,000 Aug 28 th Taste and Music Festival Sept 1 st - Mountains to 11 days Literary Festival Dun Laoghaire 6,500 90,000 Sept. 11 th Sea Book Festival Total Event 30 days Total Attendance 121,214 Total 366,000 Days : : Cost : dlr BAY 10K Date: Monday August 1st Location: starts at Dun Laoghaire Seafront Time: 10am Cost: € 25 per person entry fee; €50,000 Attendance: 1100 Participants; 2000 Spectators

Dún Laoghaire-Rathdown County Council was delighted to announce the inaugural running of the dlr Bay 10k Road Race, which took place on Bank Holiday Monday, 1st August 2011 at 10am.

This event catered for participants aged 16 years and upwards, and also catered for all categories of participants including Runners, Joggers, Fun Runners, Walkers, the Visually Impaired, Wheelchair users and others.

Participants could also raise money for their chosen charities while enjoying what was a great day out for everyone with Pre-Event Start Area Activities, such as Fancy Dress Competitions and Warm-Up Areas with music.

The course followed a beautiful scenic route, starting along Dún Laoghaire Seafront and going through picturesque Seapoint, Monkstown, Glenageary, Killiney, and Sandycove before finishing close to the historic Dún Laoghaire Town Hall.

All Participants were electronically chip timed and results were produced on-line.

The dlr Bay 10k was sanctioned by the AAI and run under AAI/IAAF Rules Entry Fee was €25.00 per person.

CLASSICAL TWIST Date: Friday August 5 th , Saturday August 5 th & Sunday August 7 th Location: The Peoples Park Time: 8 pm Friday and Saturday, 2 pm Sunday Cost: €40,000 Attendance: 4500

On the first weekend in August, The Peoples Park in Dun Laoghaire was filled with sublime sounds as classical music wafted through the late summer evening with The Classical Twist Shows presented by DLR Events and Dún Laoghaire Rathdown County Council.

The shows took place on Friday August 5th and Saturday August 6th at 8.00 pm and Sunday August 7th at 2.00 pm. Tickets were not required for these shows and the park was open to all who wished to attend. Unfortunately Saturday evening was wet and cold but that did not deter the 150 or so hardy soles who attended.

The Slovak Festival Ensemble performed well-known and loved classical pieces from Bach to The Beatles and The Stones to Strauss! Led by Vladimir Jablokov on violin, the evening shows included include pieces from Mozart, Brahms, Strauss, Dvorak and many more.

On Sunday a great gathering of young and old enjoyed a special programme designed primarily for children with songs from smash hit shows such as High School Musical, Fame, Annie, the Jungle Book, The Lion King and many more. Guests brought deck chairs, picnic blankets and refreshments and for those who came empty handed a limited amount of seating was provided while the park coffee shop stayed open late for the event.

SOUNDWAVE Date: Saturday August 5 th Location: The Peoples Park Time: 12.30 pm Cost: €11,000 Attendance: 750

The Soundwave Festival took place in The Peoples Park and on the East Pier Bandstand on the 6 th of August between 12.30 and 6 PM. The line-up consisted of some of the best up and coming bands in the area such as Grand Pocket Orchestra, The Fallen Drakes, The Cujo Family, The iKonics and the OBCD. Grand Pocket Orchestra, described as “Art-Pop Messers”, have spent the last three years touring all over Europe, the UK and Ireland, also playing shows in North America.

The Fallen Drakes are recognised as one of Ireland’s most promising bands having made history when they overcame 430 Irish bands in a Today FM competition to become one of the first unsigned bands to play the O2 Dublin when they supported the Commitments

57 last March. They supported Bon Jovi in May this year in front of 35,000 at the RDS Arena. Their debut single, “Girl From New York”, was released in July.

A highlight of Soundwave was “Canvas at the Bandstand”. Canvas, the Youth Arts Committee based in the Grainstore in Cabinteely organised for some of the best local young bands from around the Dún Laoghaire area to play on the East Pier Bandstand. Exciting acts included Dave O’Grady, Paprikka and the Chaplains entertained the many people on the pier.

MODEL RAILWAY EXHIBITION Date: Saturday August 6th & Sunday August 7th Location: County Hall, Marine Road, Dun Laoghaire Time: Noon to 5 pm Cost: Adult: €5 Child: €2 (free if accompanied by Adult) €7,500 Event Support Date: Saturday August 6th & Sunday August 7th Attendance: 3,500

The Model Railway Society of Ireland hosted a Model Railway & Hobbies exhibition on August 6th & 7th 2011 at County Hall from noon until 5 pm daily.

With so many layouts on show here are just two highlights:

O'Connell Street: This layout depicted O'Connell Street circa 1940's with its trams and buses, showing the GPO side with Nelson's Pillar from Westmorland Street to Parnell Street. The layout with its hand built buildings measured over 11.0m (36'') and modelled in OO gauge (1:76) with operational trams, trucks and buses there was plenty of detail to feed your eyes. DLR County Hall: This was a very detailed scale model (1:76) of Dún Laoghaire- Rathdown County Hall. Built by Mr. Noel Dodd, a close look through the windows revealed fine interior detail.

The Model Railway Society of Ireland has a reputation of staging some of the best exhibitions for model railway enthusiasts in the country and ensures a pleasurable outing for all members of the family, representing exceptional value for money.

FESTIVAL des BATEAUX Date: Friday August 12 th , Saturday August 13 th & Sunday August 14th Location: Georges St, Marine Rd, Harbour Plaza and East Pier Time: 12 pm onwards Cost: €55,000 Attendance: 69,364

Between 12th and 14th August 2011, Dun Laoghaire was the only international stop on the world famous Solitaire du Figaro yacht race.

To celebrate the stopover of this iconic 3,390 km race, the Festival des Bateaux featured a wide variety of events and attractions.

Highlights included fireworks on the East Pier at 10pm on Friday 12th August, a colourful and varied Festival Market which ran Friday, Saturday and Sunday until 8pm each night, a Festival Stage at the Harbour Plaza and Street Performers on the East Pier, Harbour Plaza and in Dun Laoghaire Town Centre on Saturday and Sunday.

58 Also in port for the duration of the event was the French Naval Patrol Vessel, Cormoran. Its crew ran tours of the boat during its stay. Over 1,500 people visited this boat on Friday and over 2,800 on Saturday which the captain maintained was one of their best stopovers.

The boats departed Dun Laoghaire Harbour on Sunday from 10.00am onwards to the sounds of the Air Corp Pipe Band.

FESTIVAL des BATEAUX - Programme Friday August 12th 10 am to 8 pm Road Train - Harbour to Town Centre 10 am to 8 pm Market in Town Centre (St. Michael's Church) Noon to 8 pm Festival Market on East Pier 4 pm to 7 pm Taste of Dun Laoghaire Cooking Demonstration 10 pm Fireworks from East Pier

Saturday August 13th 10 am to 8 pm Road Train - Harbour to Town Centre 10 am to 8 pm Market in Town Centre (St. Michael's Church) 10 am to 8 pm Festival Market on East Pier 2 pm to 6 pm Live Bands at Harbour Plaza 2 pm to 6 pm Street Performers 4 pm to 7 pm Taste of Dun Laoghaire Cooking Demonstration at St. Michael's Church

Sunday August 14th 10 am to 8 pm Road Train - Harbour to Town Centre 10 am to 8 pm Festival Market on East Pier 10 am Boats Depart 10 am to 11 am Air Corp Pipe Band - East Pier Bandstand 2 pm to 6 pm Live Bands at Harbour Plaza 2 pm to 6 pm Street Performers

SUMMER FLOWER SHOW 2011 Date: Saturday August 13th Location: County Hall, Marine Road, Dun Laoghaire Time: 2 pm to 5.30 pm Cost: 0 Date: Saturday August 13th Attendance: €2,500

The Annual Summer Flower Show took place in County Hall, Dun Laoghaire on Saturday 13th August, at which a colourful display of Herbaceous Perennials, Pot Plants, Alpine, Cacti, Succulents, Floral Art and Home Baking were on show.

This was the 84th annual show organised by the South Dublin Horticultural Society and Dún Laoghaire Rathdown County Council was delighted to be able to host the event which complemented the heritage of parks, gardens and floral displays in the County.

Doors were open at 2pm until 5.30pm, there were plants available for sale on the day and admission was free.

Presentation of Cups and Trophies took place at 5pm.

CHALK FESTIVAL Date: Saturday August 20 th & Sunday August 21 st Location: Harbour Plaza and Pavilion Plaza, Dun Laoghaire Time: Artists working from 8 am to 6 pm, Children’s area from 12 pm to 5 pm Cost: €45,000 Attendance: 15,000

Whether it was a scribbled version of a stick figure or a hop scotch board, most adults can remember what it was like to draw onto a pavement with chalk. Who would have ever expected that such drawings would one day become a well-respected art form replete with a festival in its honour and celebrated International artists like Leon Keer, Vera Bugatti and Jennifer Chaparro jetting in to Dublin to perform their art?

On August 20 th and 21 st 2011 an eclectic and colourful mix of art adorned the Harbour Plaza. The event was family friendly attracting visitors who love and support the arts.

Our visiting artists worked on large installations on Friday, Saturday and Sunday around Dun Laoghaire Harbour Plaza and in front of Meadows and Byrne and could be observed by the public as they work. Leon & Jennifer produced amazing 3D pieces in chalk while Vera worked to create something special in the traditional Madonnari style.

The children’s participation zone ran daily from 12 to 5pm. It featured hands-on-crafts for the whole family throughout each afternoon. Artists lead children in drawing on the ground and also on the special giant DLR chalk boards. There was also an art competition with three age categories for children to enter. The prize for each category was a voucher for an art set.

UKULELE HOOLEY Date: Saturday August 20th & Sunday August 21st Location: People's Park, Dun Laoghaire Time: 2pm – 7pm Cost: €7,500 Event Support Attendance: 4,000

The 2nd Irish Ukulele Festival - "Ukulele Hooley by The Sea" took place on the weekend of the 20th & 21st August in the wonderful seaside location of Dun Laoghaire.

On Saturday the 20th the Festival kicked off with a moving Ukulele Busk. Starting at the Bandstand on the East Pier it moved through Dun Laoghaire entertaining and bringing smiles to many. Later on that evening there was a Ukulele Evening in the Martello Room in the Kingston Hotel.

On Sunday the 21st of August the main location for the Festival was The People's Park. There were workshops for beginners and advanced players, an Open Mic Competition and a big Ukulele Raffle.

The main event was a free concert in the Peoples Park. Among the Ukulele Hooley line- up was Belgian rag-timers The Winin Boys; Dutch virtuoso Ukulelezaza and Scottish ‘punk’ duo Gus and Fin.

Also on show on the day was the home grown talent of the Dun Laoghaire based Ukuhooleys as well as the musical finery of The Ukuristic Congress. The large crowd who attended were very well entertained.

60 DUBLIN BAY TASTE AND MUSIC FESTIVAL 2011 Date: Thursday August 25th to Sunday August 28th Location: The People's Park, Dun Laoghaire Time: 1 pm to 10 pm Cost: Free entry until 4 pm daily and €5 for adults from 4 pm to 10 pm €60,000 Event support Attendance: 12,000

The first ever Dublin Bay Taste & Music Fest ran from Thursday, 25th August until Sunday, 28th August 2011; 12 noon to 10:00 pm daily in the Peoples' Park, Dun Laoghaire.

This exciting new event featured a boulevard of top Irish chefs who 'cooked up a storm' of culinary delights to tantalise the taste buds while guests enjoyed a full schedule of fabulous live entertainment. Offering the ultimate down-town, bay-side dining experience, al fresco style, at great prices, visitors could indulge in delicious appetisers, main dishes, antipastos, pastries and desserts along with a glass of wine, cool beer or great coffee.

Saturday and Sunday featured Family Fun afternoons including bubbles through the air, the Fruice Dilute stack-up competitions and much more.

The Flogas Demonstration Theatre featured exclusive workshops and demonstrations by Irish celebrity chefs, including Martin Shanahan (host of RTE's Martin's Mad About Fish); Kevin Dundon (Irish Independent food columnist and author of Recipes That Work and Full on Irish), Derry Clarke (RTE One reality television show Failte Towers) and Ruaírí Ó Moracháin, the Druid Chef, plus guest appearances by local and nationally acclaimed chefs.

MOUNTAINS TO SEA dlr BOOK FESTIVAL 2011 Dates: Thursday September 1st to Sunday September 11th Location: Mainly Dun Laoghaire (various venues) Time: Times varied each day between 9.30 and 10.30 pm Cost: €90,000 Attendance: 6,500

The third annual Mountains to Sea dlr Book Festival took place over an extended period from September 1 st to 11 th . A significant step up on the first two years the Festival featured 57 events over 11 days aimed at all ages and covering many different genres and formats. The response from the public this year was extremely encouraging with attendance rates across all events averaging 85%. The Festival also attracted a large amount of local and national media coverage. Mountains to Sea can now regarded as one of the premier literary events in the country.

The highlight names this year included Michael Ondaatje, Melvyn Bragg, Sebastian Barry, Alistair Darling, Sebastian Barry, Val McDermid and Edna O’Brien. In addition to the standard author interviews and readings there were also musical events with John Spillane, the Dylan Project, Whole World Round and Sunday Miscellany as well as tours and literary lunches. There was also a very strong and extremely well attended children’s programme featuring Darren Shan, Derek Landy, Roddy Doyle, Meg Rosoff and many others. These appealed to all ages from the very young to the young adult reader. A new writing workshop programme was introduced which featured some of the top tutors in Ireland and Britain covering everything from the short story to getting published.”

A discussion took place, during which Mr. R. Shakespeare, Director of Environment, Culture and Community responded to Members queries. The motion was AGREED .

C/1066/11 Baths Sub Committee

It was proposed by Councillor M. Halpin and seconded by Councillor H. Lewis:

"That this Council agrees to immediately reconvene the Baths Sub Committee with a view to progressing the project to restore the baths as a public swimming amenity"

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

“The Baths Sub Committee consisted of the Elected Members for the Dún Laoghaire Ward. A meeting of these Councillors took place on Friday 24 th June 2011 to consider proposed interim works at the Baths site. It was agreed at the meeting that the proposals, with some small modifications, should be advanced to Part 8 stage. A meeting of the Baths Sub Committee will be convened when the Part 8 plans have been prepared.”

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

C/1067/11 Licence to Excavate Public Roads and Footpaths

It was proposed by Councillor B. Ward and seconded by Councillor

“That the Manager make Councillors aware, in real time, by e-mail, of applications made for licences to excavate public roads and footpaths, as they are made.”

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

“Having regard to the type and numbers of applications received in relation to such applications, it would be difficult to develop and implement a system to provide the information as requested.”

A discussion took place, during which Mr. T. McHugh, Director of Transportation responded to Members queries, and undertook to consider having the information on licenses granted published to the website or with the weekly traffic news. The Manager’s report was NOTED .

C/1068/11 Dog Licence Owners

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

“That the Manager recurrently informs dog licence owners, via text message or email, of their responsibilities in cleaning up after their dog and of potential fines for not doing so.”

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

62 “The Council does not have email addresses or mobile phone numbers for all dog licence holders. However the Council issues reminder letters to licence holders 2/3 weeks prior to renewal dates. This letter includes a range of advice and information on dog control, dog fouling, Bye Laws etc. Dog signage is also erected in many areas where appropriate and the Council is satisfied that all licence holders are aware at this stage of their obligations as dog owners.”

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

C/1069/11 Steps to Reduce Road Fatalities in the County

It was proposed by Councillor R. Humphreys and seconded by Councillor V. Boyhan:

“That the Council commends the Manager on steps taken to reduce fatalities on the roads in the County but notes with concern the fact that the number of persons injured on roads in the County has more than doubled between 2007 and 2009 and that the Manager therefore review and take additional steps in terms of the engineering, educational and other solutions to minimise such casualties.”

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

“Due to improved reporting procedures, there has been an increase nationally in the number of reported injury collisions since the year 2007. Most of the increase has been in Minor Injury Collisions. In 2007 there were 4 fatalities and 13 serious injury collisions in Dún Laoghaire Rathdown. In 2008 there was 1 fatality and 11 serious injury collisions. In 2009 there was 1 fatality and 14 serious injury collisions.

A review meeting took place in January 2011 between DLR. and the local Garda Traffic Division, to examine road safety strategy during 2010, and to determine areas requiring focus during 2011.

Focus for 2011

Continue to identify priority locations through studies of collision statistics

Continue Education campaign for cyclists and pedestrians, including proposed information leaflet on good practice applying at School Warden locations.

Continue to upgrade school warden pedestrian crossings.

Gardaí will continue with high profile presence on N11, and will caution and advise vulnerable road users. Free high vis jackets will be given out at checkpoints to cyclists and pedestrians. Advise will be given on safe cycling habits. This was done as part of the Garda Casualty Reduction Implementation Plan during April and May 2011. Further initiatives are planned for a similar campaign during Oct. and Nov. 2011, this time targeting pedestrians.

DLR will conduct an awareness campaign for school principals advising on educational tools and training which is available through the RSA and An Garda Síochána, this is ongoing.

63 The Road Safety Section frequently works in partnership with the Road Safety Authority (RSA) and An Garda Siochána and will use every opportunity to reflect this on the website, providing links to important RSA and Garda pages and publications in order to provide the most overarching information system we can for the public.

A discussion took place, during which Mr. T. McHugh, Director of Transportation responded to Members queries. The Manager’s report was AGREED .

C/1070/11 Archives of the Council

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

“That the Manager provide details of the whereabouts of the archives of the Council and its various predecessor bodies under section 80 of the Local Government Act 2001 or otherwise.”

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

“The archives relating to The Borough of Dun Laoghaire and its predecessors are currently stored in the County Hall and Library Road. The archives of Deansgrange Burial Board are stored in the offices in Deansgrange. Archives relating to the former Dublin County Council are maintained by Fingal County Council.”

C/1071/11 Money Owed to the Council

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

“That the Manager provide latest details or estimates of the amount of money owed to the Council broken down by headings under which such debt arises, and details of the steps in each case being taken to collect same.”

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

“At the Council Meeting held on the 9 th of May 2011 the Council’s Draft Annual Financial Statement for the year ended 31 December 2010, together with the Manager’s Report thereon, was submitted to, and considered, by Members in accordance with Section 108 (3) of the Local Government Act 2001.

The amount owed under the Trade Debtors and Prepayments heading in the Annual Financial Statement 2010 is €94.7m for which a detailed analysis of the debtor type is contained on page 17 of that document and is also listed underneath.

Government debtors 5.74 Commercial debtors 29.14 Non-commercial debtors 19.13 Development debtors 39.16 Other services 4.34 Other Local Authorities 12.72 Agency works recoupable 40.6 Current portion long term debt 3.99

64 Total gross debtors 154.8

Less provision for doubtful debts -60.10

Total 94.70

Each Department will have in place internal procedures for the pursuit and collection of monies owing to the Council. These procedures will include the issue of an initial invoice, the issuing of subsequent reminder notices and letters and the issuing of warning and enforcement notices. The Council continuously examines the options available to it to maximise the collection of outstanding monies and utilises those strategies considered appropriate including the use of the services of debt collection agencies and the taking of legal proceedings.

As indicated to Members at the Budget Information Briefing Meeting held on the 20 th of December, 2010 the Council is also undertaking a detailed analysis of water charges debtors to identify accounts which may require correction and a similar exercise is also being undertaken in respect of Environmental Waste Charges Accounts. These tasks are ongoing.”

C/1072/11 Tolling on the M50

It was proposed by Councillor G. Horkan and seconded by Councillor C. Devlin:

“That this Council opposes any system of further tolling on the M50 (multipoint or road pricing or other mechanism) and acknowledges that this move would only lead to increased traffic on residential roads adjacent to the M50.”

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

“In June 2011, following a period of public consultation, the National Transport Authority submitted a draft Transport Strategy for the consideration of the Minister for Transport, Tourism and Sport. In relation to road user charging measure TDM 3 states:

The Authority will: • seek the introduction of a road use charging scheme over a large geographic area of the region prior to 2020 in order to meet current national policy as set out in Smarter Travel; • Advise the Minister on the format of a road use charging scheme that would meet national targets, including the structure and level of the charges, the area to which they are to be applied and the hours of operation, under the Implementation Plan arrangements; • Undertake extensive stakeholder and public consultation in the scoping of a scheme; • Advise on the extent to which the net revenues from a road use charging scheme can or should be assigned to, or re-invested in, public transport improvements and operations; and • Advise on the introduction of a pilot charging scheme on an individual road corridor, or corridors, in conjunction with the provision of public transport improvements on that corridor.

Road use charging already operates extensively in Ireland with toll plazas on ten routes throughout the country (nine national roads and one non-national road) as well as an electronic barrier-free tolling operation on the M50 motorway. One of those toll routes –

65 the Dublin Port Tunnel – operates a variable rate tolling system, which applies a higher toll charge during peak hours than the charge prevailing in the off-peak hours.

Road use charging provides the most effective mechanism for directly targeting specific users and seeking to alter travel behaviour. It also provides the most direct means of levying a user with the full external cost of the trip being undertaken. As such it allows for the full application of the “user pays” principle.

In order to achieve the Smarter Travel objectives of reducing the mode share of work- related commuting by car to 45% and ensuring that the total kilometres travelled by the car fleet in 2020 will not increase significantly from current total car kilometres, the Authority’s analysis shows that demand management will be required over a large geographic area. Road use charging is the most appropriate means of achieving this.

In many successful applications the imposition of road use charging is linked to delivery of clearly defined improvements that are tangible and visible (such as improved public transport) or to a redistribution of costs (for example a reduction in public transport fares) so as to render the charging effect relatively cost neutral on an overall basis.

It will be an objective of the Transportation department to ensure that any road user charging on the M50 does not result in inappropriate levels of traffic on residential roads.”

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

The following motion was handed up from the floor:

It was proposed by Councillor R. Humphreys and seconded by Councillor T. Joyce:

“To delete all words after ‘That this Council’ and insert ‘resolves to write to the Minister for Transport, Tourism and Sport to draw his attention to the adverse consequences of further M50 tolling.’”

Following a further discussion An Cathaoirleach, Councillor J. Bailey ruled the motion handed up from the floor OUT OF ORDER in accordance with Standing Order No. 36.

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

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

66 Halpin, Melisa √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal McCarthy, Lettie √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid Richmond, Neale Saul, Barry Smyth, Carrie √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ Total: 16 7

An Cathaoirleach, Councillor John Bailey declared the original motion CARRIED .

C/1073/11 Extension of Meeting

It was AGREED to extend the meeting by 15 minutes to conclude at 7.30 p.m.

C/1074/11 Circus School

It was proposed by Councillor L. McCarthy and seconded by Councillor V. Boyhan:

“That this Council request the Manager to explore the possibility of having a Circus School in the County.”

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

“After extensive consultation with the local community Continuing the Conversation dlr’s Arts Development Policy 2011- 2014 was developed to set out the Council’s local art form development priorities. Circus was not identified as a priority programme art form for the period 2011- 2014 but the Arts Policy can provide support for local art form development, including circus, through the Arts Grants.”

67 A discussion took place, during which Mr. R. Shakespeare, Director of Environment, Culture and Community responded to Members queries. The motion was AGREED .

C/1075/11 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 24 to 38, Item Nos. 40 to 45 and Item No. 47 to 49 to the January meeting of the County Council.

C/1076/11 Conclusion of Meeting

The meeting concluded at 7.30 p.m.