DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of Meeting of County Council held in County Hall, Marine Road, Dún Laoghaire, Co. Dublin on Monday, 13 September 2010 at 5.00 pm

PRESENT

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

An Cathaoirleach, Councillor Lettie McCarthy presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tony Pluck (Director of Corporate Services & IT), Charles Mac Namara (Director of Services), Frank Austin (Director of Services), Gerard Hayden (Director of Services), Tom McHugh (Director of Services), Richard Shakespeare (Director Of Services), Andrée Dargan (County Architect), Helena Cunningham (A/Head of Finance), Bernie Gilligan (Senior Executive Officer), Tom Mowlds (CEO), Bob Hannan (Senior Architect), Pamela Graydon (Senior Staff Officer) and Brenda Normile (Clerical Officer)

C/507/10 Vote of Condolences

A vote of condolence was passed with the family of former Senator, Minister for Foreign Affairs and Dublin County Councillor Professor Jim Dooge R.I.P.

A vote of condolence was passed with the family of Mr. John Caviston R.I.P.

A vote of condolence was passed with the family of Mr. Bob Geldof Snr R.I.P.

A vote of condolence was passed with the family of Mr. Franz Winkelmann R.I.P.

A vote of condolence was passed with the family of Mr. John Hoey R.I.P.

A vote of condolence was passed with the family of Mr. Michael Dundon R.I.P.

A vote of condolence was passed with the family of Mr. Stephen Devaney R.I.P.

1 A vote of condolence was passed with the family of Mr. Eamon Donnelly R.I.P.

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

C/508/10 Confirmation of Minutes

Minutes of County Council Meeting held on 5th July 2010

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor M. Mitchell O’Connor and RESOLVED:

“That the minutes of County Council meeting held on 5th July 2010 be ADOPTED and APPROVED.”

C/509/10 Questions

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

“That pursuant to Standing Order No. 105 question numbers A.1 to A.43 be ADOPTED and APPROVED.”

C/510/10 Coastal Defence Strategy Report

Question: Councillor M. Baker “To ask the Manager to report on the Coastal Defence Strategy Report by Consultants Malachy Walsh and Partners that was due to have been received by the Council in early 2010?”

Reply: “At the request of the National Parks & Wildlife Service (NPWS) of the Department of the Environment, Heritage and Local Government (DOEHLG) the Coastal Defence Strategy Study (CDSS) was subjected to an Appropriate Assessment (AA) in accordance with guidelines issued by the DOEHLG in December 2009. The purpose of the A.A. is to determine whether a plan or project, alone and in a combination with other plans or projects could have significant effect on a Natura 2000 site. The A.A. has now been completed by consultants Malachy Walsh & Partners and has been reviewed recently by the NPWS.

It is envisaged that the CDSS will be delivered to the Manager within the next couple of weeks.”

C/511/10 Blackrock Register LU

Question: Councillor M. Baker “To ask the Manager to confirm that a letter has been submitted by the Council to the County Sheriff asking if the roads in Blackrock Register LU that are within walking distance of Kill O’ the Grange polling station be transferred to this station rather than Holly Park polling station where they currently vote. The letter to the County Sheriff was requested by me to be sent in late 2009. Please confirm the outcome of the reply from the County Sheriff if same has been received?”

2 Reply: “Register LU forms part of the Blackrock Ward with the Electoral Division Blackrock- Newpark with a polling station assigned as Guardian Angels National School.

A letter was issued to the County Sheriff following the request from Councillor Baker. The County Sheriff telephoned the Corporate Services Department of the Council to clarify the locations referred to.

The Electoral boundary between the Blackrock and Dún Laoghaire Wards runs along the centre of Stradbrook Road and Abbey Road.

As Kill o’the Grange polling station is situated on the Dún Laoghaire side of the boundary and is outside the Electoral area of Blackrock, it is not possible to transfer the electors from the Register LU to that polling station.

The Electoral boundaries are decided by the Electoral Area Boundary Committee Report 2008.”

C/512/10 Regional Playgrounds

Question: Councillor M. Baker “To ask the Manager when will play leaders be appointed for the Regional Playgrounds in Cabinteely and Marlay?”

Reply: “There are no proposals to appoint Play Leaders for the Regional playgrounds.”

C/513/10 Full Breakdown of the Rolled Up Loans

Question: Councillor M. Baker “To ask the Manager to provide a full breakdown of the rolled up loans on the Council's books and provide details in relation to loans which the Council proposes to transfer to the Sustainable Communities Limited?”

Reply: “There are four housing sites with outstanding loans in the Dún Laoghaire-Rathdown County Council area. The interest on three of these loans set out below, have fallen due for payment and the outstanding interest is due to be paid to the Housing Finance Agency in 2011.

Site Loan Date Amount Interest to date Ballyman Road (8.84 ha) 19/07/2002 €8,380,272 2,052,974 Lehaunstown (3.98ha) 16/03/2000 €4,444,083 1,669,362 Enniskerry Road (2.85ha) 06/04/2001 €8,824,680 2,731,841 6,454,177

It is proposed, subject to the agreement of the Council, to apply to transfer these three sites under the Land Aggregation Scheme to the Sustainable Communities Ltd. Under this scheme the capital and loan costs attaching to a parcel of land will be paid off by the Department. Responsibility for the ongoing maintenance and management of the lands transferred will reside with Sustainable Communities Ltd., and the lands may still be available to Dún Laoghaire-Rathdown County Council for social housing purposes subject to approval under the Social Housing Investment Program in the normal manner.

3 The fourth site at Old Connaught Ave (2.32 ha), was purchased on 20th March 2008 for €17,100,000 and accordingly interest will not fall due for payment until 2015. It is not proposed to transfer this site.”

C/514/10 Council Staff

Question: Councillor R. Boyd Barrett “To ask the Manager for detailed figures and facts on the attrition of Council staff numbers from the commencement the public sector recruitment embargo, providing annual totals, and the year by year impact on each department and section, and furthermore, to the degree possible, outlining the impact on services and the degree to which the staff reductions result in the outsourcing of services previously provided by directly employed Council staff?”

Reply: “The number of whole –time equivalent staff employed by the County Council from 31/12/06 to 30/6/10 is as follows: -

Dec Dec Dec Dec Jun 2006 2007 2008 2009 2010

Managerial Posts 13 11 12 10 10 Administrative/Clerical 470 474 477 452 449 Professional/Technical 218 210 226 215 215 Direct labour 529 509 454 413 411

The Council does not have the resources to commission studies into the implications or effects of restrictions on public service recruitment. It is the responsibility of management to determine the allocation of staffing resources available to meet the service levels required in each department. The allocation of staff is being kept under review by management in relation to the continued provision of services.”

C/515/10 Tendering/Outsourcing

Question: Councillor R. Boyd Barrett “To ask the Manager to outline in detail the Council’s procedure for tendering/outsourcing Council services and works, including timeframes for such tendering out procedures, and to detail the national and/or EU legislation or statutory requirements governing the tendering out process?”

Reply: “The Council’s procedures for tendering / outsourcing Council services and works is contained in the Dun Laoghaire-Rathdown County Council Procurement Manual (1/1/2010 – 31/12/2011) copy attached, which is formulated in accordance with National and EU timeframes/legislation. This manual is currently in the process of being reviewed and will be amended to take account of recent changes to tendering /procurement limits as set out in National Public Procurement Policy Unit (NPPPU) Circular 10/10: Facilitating SME Participation in Public Procurement.”

4 C/516/10 Studies or Evaluations

Question: Councillor R. Boyd Barrett “To ask the Manager if any studies or evaluations have been done by the Council or any other body comparing services/works carried out by directly employed Council staff and the same or similar services being carried out by private contractors, in terms of cost, timeframe for carrying out works and quality of outcomes, and to detail any such in his response?”

Reply: Human Resources & Community Development Board As part of the ongoing management of the organisation operational line management would evaluate the necessity of the engagement of contractors on a regular basis. The decision in relation to the provision of any service by direct labour or by the engagement of contractors is the sole prerogative of management and is provided for under the 1997 Procedural Agreement for the engagement of Contractors as negotiated nationally between the public service employers and the Trade Unions. This is reiterated under the terms of the Public Service Agreement 2010 – 2014 (Croke Park Agreement) In determining whether the provision of any service is to be carried out by direct labour or by contractor the Council would give consideration to factors required in the provision of such service i.e. effectiveness, efficiency, value for money and the time frame etc. In the awarding of a contract it is a matter for the awarding department to ensure that the contractor meets the criteria and the requirements of the Council in the provision of such services.

Relevant qualified officers of the Council e.g. Senior Professional Officers, Resident Engineers, Area Engineers, Building Supervisors, and Clerks of Works etc. would supervise this process.

As part of normal management procedures the Council has over many years commissioned reports both internally and through consultants in relation to the provision of its services. Some of the areas examined in recent years include the Refuse collection and Vehicle Maintenance operations and in these particular examples outsourcing of direct labour service was envisaged. In these examples the reports concerned were provided to the relevant trade unions during negotiations.

For the information of the Councillor the outsourcing of an existing service is now referred to in the Public Service Agreement 2010-2014 and in particular Appendix I – “Service Delivery Options”. It has provisions for consultation on the development of a “service plan” which would evaluate the existing in-house service, the outsourcing option and the comparison of both. It is stated that in evaluating any proposal to proceed with outsourcing, a number of factors will be taken into account, including overall cost, quality of service, effectiveness, and the public interest.

Transportation Department We have carried out comparisons of the use of direct labour versus contractors in road maintenance.

Certain types of work are more suited to contractors and others to direct labour. Therefore, it is difficult to compare costs as we are not comparing like with like.

The current numbers of direct labour make it impossible to attempt to carry out any reasonable sized works which must therefore be carried out by contract. Also, specialist works such as road resurfacing, roadmarking etc. have been carried out by specialist contractors for a long time.

5 On the other hand direct labour is more flexible and is suited to carrying out small maintenance works and emergency works including winter maintenance.

Housing Department Within Housing Maintenance Services there is an ongoing evaluation process of all works being undertaken by both Direct Labour and Contractors to provide value for money for the services provided to our tenants.”

C/517/10 Affordable Homes

Question: Councillor R. Boyd Barrett “To ask the Manager for the latest update on sales of affordable homes by the Council from the beginning of this year on a month by month basis, providing the locations of the units, the average purchase price per unit to the Council, the sale prices achieved, and the remaining unsold units still in the Council’s possession?”

Reply: “The Council had 160 affordable units for sale in 2010. During the period 1st January to 31st August 2010 sales have closed in relation to 42 of these dwellings. The following table details the month by month sales figures for the 42 units which were in Council ownership at the time of sale:-

Month No. & Location of Units Average Average Sales Price Purchase Price January 4 €272,300 €243,750 at Ballintyre Hall, Belarmine Plaza, Mimosa and Wyckham Point February 8 €269,500 €248,250 at Belarmine Plaza, Harbour View, Mimosa Hall and Wyckham Point (5) March 1 €252,773 €230,000 at Harbour View April 4 €217,000 €195,000 at Belarmine, Harbour View, Levmoss & Mimosa Hall (2) May 4 €279,400 €236,000 at Belarmine Plaza, Harbour View & Levmoss & Mimosa (2) June 8 €255,600 €210,600 at Beacon Sth. Quarter, Belarmine Plaza, Harbour View, Kingston Hall, Mimosa & Levmoss (2) & the Belfry July 4 €276,217 €229,200 at Beacon Sth Qtr., Harbour View & Wyckham Point

6 August 9 €261,200 €208,800 at Ballintyre Hall, Belarmine Plaza, Mimosa Hall, Wyckham Point and The Belfry (5)

Deposits are held in relation to 36 units and they are at various stages in the sales process, the remaining 82 units are still available for sale and are located in the following developments:

Location No. of units Deposits Available for Sale Wyckham Point 7 2 5 The Belfry 50 10 40 Belarmine 24 10 14 Levmoss/Mimosa 23 10 13 Harbour View 1 1 Booked out The Croft 1 1 Booked out Kingston Hall 5 1 4 Beacon Sth. Qtr. 2 1 1 Granitefield 4 - 4 Ballintyre 1 1 1 Total 118 36 82”

C/518/10 The Council's Role as a Landlord to Council Tenants

Question: Councillor R. Boyd Barrett “To ask the Manager what his knowledge or understanding is of the regulations/ statutory requirements governing the Council’s role as a landlord to Council tenants in terms of a) noise pollution/disturbance as a result of lack of soundproofing between dwellings b) Fire safety, and to respond to this question particularly in terms of Council maisonettes in areas such as Brookfield, central Dun Laoghaire and other such areas?”

Reply: “The dwellings in question were refurbished in the mid 1990’s. It is Council policy that all refurbishment works are carried out in accordance with statutory requirements in force at the time of works being undertaken, including fire safety and soundproofing.”

C/519/10 Legal Counsel

Question: Councillor V. Boyhan “To ask the Manager to respond to my question (Ref: C/287/10) first raised at the May 2010 Council meeting in relation to legal counsel and provide a written reply for the September Council meeting detailing a list of legal counsel, both Junior and Senior, engaged by this Council over the last three years, and to set out the fees applied in each case. In addition will the manager advise on the criteria use to select such Counsel?”

Reply: “1. The names of Barristers retained to undertake various categories of work and for various purposes in this period and amounts billed to the Council are set out below. These sums are exclusive of Value Added Tax and from which Withholding Tax would have been deducted. Some payments would have been recouped.

7 BARRISTER AMOUNT Martin Dully B.L. €15,921.00 Damien Keeney B.L. €11,720.00 Mary Feeney B.L. €8,513.00 Carol O’Farrell B.L. €147,817.60 John Doherty B.L. €42,078.00 Stephen Dodd B.L. €239,502.15 Michael Hourican B.L. €100,574.50 Colm Hennessy B.L. €8,699.99 Mairead Coghlan B.L. €5,687.00 Conleth Bradley S.C. €87,201.40 Dermot Flanagan S.C. €136,911.82 Patrick Butler S.C. €27,295.00 Patrick Hunt S.C. €3,948.75 James Connolly S.C. €28,344.00 John Gallagher S.C. €314,037.00 Gavin Ralston S.C. €13,249.50 Maurice Collins S.C. €7,865.00 Michael M. Collins S.C. €56,083.50 Eoin McGonagle S.C. €75,020.00 John Fitzgerald S.C. €35,090.00 Aidan Redmond S.C. €19,780.00 Pauline Walley S.C. €52,659.00 Rory Brady S.C. €7,500.00 David Dodd B.L. €36,408.00 Michael I. O’Donoghue B.L. €3,388.00 Cian Ferriter B.L. €786.50 Emily Egan B.L. €31,705.22 Ronan Prendergast B.L. €1,380.00 Mema Byrne B.L. €5,222.00 Patricia Coonagh B.L. €350.00

2. The criteria for selection: - (a) The need to avoid potential conflicts. (b) The degree of complexity of the issues involved (c) Statutory and regulatory requirements required to be complied with (d) The degree of specialist knowledge that Counsel brings to the particular facts and circumstances arising that require legal advice and/or directions and/or representation in Court. (e) The availability of Counsel, including having regard to the nature and urgency of the case and related concerns of the Council itself. (f) The estimated costs to be incurred.”

C/520/10 New Door to Door Waste-Collection Service

Question: Councillor V. Boyhan “To ask the Manager, to report on the new door to door waste- collection service agreement the cost of same, and what guarantees are in place to protect people who were afforded a waiver by the Council, as part of its collection service?”

Reply: “Following a tender process the Council recommended to its domestic wheelie bin customers that they avail of the services of Panda for the collection of domestic household waste. Panda have offered a free service to 31st January 2011 to include “grey” and “black” bins. The charges to be applied by Panda from 1st February 2011 will be 20% below the charges currently applied by the Council. These charges will be held at

8 this level until at least 2014. Panda have also offered to continue to operate the Councils waiver scheme for low income households for 3 years.

It should be noted that customers are free to choose an alternative authorized waste collector if they so wish.

The Council will continue to collect, by direct labour existing household and commercial bag routes, including bagged recyclable waste. Free bags will be issued to domestic households for the period to 31st January 2011. No decision has yet been made regarding the charges to be applied and the application of the waiver scheme from the 1st February 2011. The costs will be decided as part of the Budget process and will be notified to customers as soon as possible.

With regard to bagged trade waste the cost of the tags have been increased from €5.30 to €6.00 due to the requirement for local authorities to account for VAT on economic activities. The current rate of VAT is 13.5%.”

C/521/10 Parking Fines on Sunday

Question: Councillor V. Boyhan “To ask the Manager to explain why APOCA car parking attendants are placing fines on cars, on Sunday, given that Sunday is an exempt day from the pay & display parking regime. Will the manager confirm who authorised this practice and the cost of same?”

Reply: “Pay & Display Parking Scheme generally operates Monday to Friday and in some areas on Saturday. However, the Road Traffic Regulations still apply for illegal parking on double yellow lines, footpaths, cycle lanes etc. This service was introduced on Sunday, following numerous complaints from members of the pubic adversely affected by the high level of illegal parking particularly in fine weather. Arising from these complaints, the Council retained the Parking Enforcement Contractor to monitor illegal parking on Sunday and to take appropriate enforcement action. The cost of the service from June to date in September was €5,875.00.”

C/522/10 Funding from the Pay & Display Scheme

Question: Councillor V. Boyhan “To ask the Manager to provide a report on the 4,400,000 funding from the Pay & Display Scheme, and to confirm how much of the 585,500 indentified in the Resolution Dec' 09.for a School Warden Service will actually be spent in this current year?”

Report: “The County Council at the 2009 December Budget meeting determined that income in the sum of €4.4m from the Pay & Display be included in the annual budget for the financial year 2010 and that this sum be used for works in Programme 2 including the Footpath Improvement Programme. All expenditure identified is currently on target to be spent by the end of 2010. The budget for the school warden will be fully spent to the year end.”

C/523/10 Schedule of All Property

Question: Councillor V. Boyhan “To ask the Manager to provide a brief schedule of all property acquired by the Council since 2008, the cost of same, and source of funding acquisition?”

9 Reply: “The Schedule below sets out details of properties acquired by the Council in accordance with Part V of the Planning & Development Acts and acquisitions dealt with by Property Management Section since 2008:

Acquistions from 01/01/08 - 31st August 2010

Inventory

NRA S.E.M South Eastern Motorway Scheme C.P.O NRA Ballinteer Ballinteer Road/Wyckham By Pass C.P.O D.O.T. & Levies M.M.R Monkstown Ring Road C.P.O NRA S.C.R Southern Cross Route C.P.O D.O.T & Levies Ballyogan/Glenamuck Ballyogan Glenamuck CPO North DOE/DTO Wyc - By Pass Ext Wyckham By Pass Extension CPO D.O.E H.D.A Housing Acquisition Council Corporate Services Dun Laoghaire Rathdown County Council DTO/DOE R.L.A Road Land Acquisitions DOE/DTO Dundrum Dundrum Main Street By Pass Order Council Kilgobbin Kilgobbin Road Improvement DTO/DoT S'Ford to Drumm Sandyford to Drummartin Link Road

COST DATE Of M.O. PLOT NUMBERS PURPOSE

YEAR 2008

Housing Department:

Location No. of units Cost Funding € Beacon South 17 5,880,011 Transferred to Helm Voluntary Quarter, Hsg. Assoc. for social housing Sandyford who received funding from DOELG under the Capital Assistance Scheme (CAS)

17 5,880,011 Funding received from DOELG units let under RAS

4 1,150,000 Acquired for sale to Affordable Housing Applicants. The Belfry, 60 14,112,913 45 transferred to Cluid Vol. Hsg. Stepaside Assoc. and 15 transferred to Sonas who received funding under CAS. for social housing

36 8,858,440 Acquired for sale to Affordable Housing Applicants.

18 4,499000 Acquired for sale to Affordable Housing Applicants. Wyckham Point, 15 4,867,813 Transferred to Helm Vol. Hsg Dundrum Assoc. who received funding under CAS. for social housing.

10 The Grange, 27 6,848,627 Transferred to Helm Vol. Hsg. Stillorgan. Assoc. who received funding under CAS. for social housing. Harbour Court, 4 830,000 Funded from Part V funds for Dun Laoghaire. RAS.

4 820,000 Acquired for sale to Affordable Housing Applicants. Harbour View, 8 1,998,222 Acquired for sale to Affordable Dun Laoghaire. Housing Applicants. Levmoss/Mimosa, 36 8,632,457 Acquired for sale to Affordable Leopardstown. Housing Applicants. Belarmine 38 7,035,056 Acquired for sale to Affordable Stepaside. Housing Applicants.

Property Management

2008

€2,000,000.00 11-Feb-2008 Property & Site @ the H.D.A 812 HOUSING Corner of Frascati Rd/ Carysfort Ave. Blackrock €26,500.00 14-Feb-2008 Plot 55/3 BALLINTEER ROADS €110,000.00 28-Feb-2008 Plot -143c S.E.M ROADS €230,000.00 6-Mar-2008 Plot 244/27 BALLYOGAN/ ROADS GLENAMUCK €30,000.0 6-Mar-2008 72.04 Sq M. - H.D.A 811 HOUSING Acquistion of land for the Dundrum Family Centre €3,174.35 3-Apr-2008 Plot 173c S.E.M ROADS €216,456.00 4-Apr-2008 Plot 61 Acquisitions ROADS €3,200.00 30-Apr-2008 Plots 1 M.M.R. ROADS €1,975,000.00 4-Jun-2008 First Floor Unit Harbour Corporate DLR CO.CO Sq (Community) Services €5,000.00 25-Jun-2008 Plot 230 S.E.M ROADS €225,000.00 29-Jun-2008 Plot 50 S.E.M ROADS €16,000.00 25-Jun-2008 Plot 12A M.M.R. ROADS €6,000,000.00 23-Jul-2008 Property at Glenamuck RLA:1199 ROADS Road North €75,000.00 29-Jul-2008 Plot 19,21 & 23 Dundrum ROADS

€75,000.00 12-Aug-2008 Plot 19,20 & 21 Dundrum ROADS €10,000.00 20-Oct-2008 Plot 241 S.E.M ROADS €1,900,000.00 13-Nov-2008 Plot 1 Murphystown ROADS €200,000.00 22-Dec-2008 354 Sq M @ Kill R.L.A 1205 ROADS Avenue, Dunlaoghaire (Foxrock QBC) Kill -O- Grange

Year 2009

Housing Department:

11 Location Cost Funding No. of units The Rectory, 12 €2,712,000 DOEHLG for RAS Stepaside. Levmoss, 24 €5,082,208 Transferred to Helm Vol. Leopardstown. Hsg. Org. who received funding under CAS Ballintyrne 2 €482,340 Purchased for sale to Meadows, Affordable Housing Ballinteer Applicants. Kingston Hall, 6 €815,517 Purchased for sale to Harolds Grange affordable housing Rd. applicants.

Property Management

2009

€810,000.00 19-Feb-09 Plots 6 & 6T Murphystown Roads €55,000.00 10-Jun-09 Plot 19 & 21 Dundrum Roads €3,200.00 25-Sep-09 Plot 126c S.C.R. Roads €30,000.00 25-Sep-09 Plot 113c S.E.M Roads €33,500.00 4-Nov-09 Fishermans Hut For 2738 ENV €40,000.00 11-Dec-09 Plot 4 MRR Roads

YEAR 2010

Housing Department:

Location No. of Units Cost Funding The Croft 1 €265,000 Purchased for sale to Affordable Housing Applicants.

In addition a site of approximately .7014 ha. was acquired at Nutgrove Avenue at a cost of €4,941,444.

Property Management

2010

€13,200.00 20-Jan-10 Plot 44 MRR Roads €1,875,000.00 20-Jan-10 Plots 1.4 4.1 & 4t S'ford to Drumm Roads €13,200.00 20-Jan-10 Plot 34 MRR Roads €13,200.00 20-Jan-10 Plot 42 MRR Roads €13,200.00 20-Jan-10 Plot 41 MRR Roads €13,200.00 20-Jan-10 Plot 40 MRR Roads €12,500.00 20-Jan-10 Plot 37 & 37A MRR Roads €10,700.00 1-Feb-10 Plot 31 MRR Roads €10,700.00 1-Feb-10 Plot 39 MRR Roads €10,700.00 1-Feb-10 Plot 29 MRR Roads €10,700.00 1-Feb-10 Plot 30 MRR Roads €1,000.00 10-Feb-10 RlA 1211 Kilgobbin Roads €13,200.00 23-Feb-10 Plot 33 MRR Roads

12 €12,500.00 4-Mar-10 Plot 38 & 38A MRR Roads €13,200.00 4-Mar-10 Plots 46 & 46A MRR Roads €13,200.00 22-Mar-10 Plot 45 MRR Roads €2,000.00 29-Apr-10 RlA 1212 - (Plot 19) Kilgobbin Roads €23,000.00 29-Apr-10 RlA 1212 Plots - Kilgobbin Roads (1.1/1.2/T1) €13,200.00 4-May-10 Plot 32 MRR Roads €10,000.00 12-May-10 Plot 8 MRR Roads €15,000.00 15-July-10 Plot 36 & 36a MRR Roads €50,000.00 4-Aug-10 Plots 10 & 10A SEM Roads €20,000.00 4-Aug-10 Plots 10 & 10A SEM Roads €10,700.00 30-Aug-10 Plot 35 MRR Roads”

C/524/10 Social Housing Application Forms

Question: Councillor S. Fitzpatrick “To ask the Manager whether a receipt or reference number is issued to members of the public who hand in social housing application forms at the public desk?”.

Reply: “The Council issues receipts and reference numbers to applicants who have submitted a fully completed Housing Application form.

Where an application is incomplete, the forms are returned to the applicants with a letter outlining the outstanding documentation required to enable the application to be processed.”

C/525/10 Rental Accommodation Scheme

Question: Councillor S. Fitzpatrick “To ask the Manager to write to all Rental Accommodation Scheme (RAS) tenants in Dún Laoghaire Rathdown informing them that any landlord who demands extra rent money from them, above what the Council pays their landlord in rent, or threatens to evict them for not paying supplementary rent should notify the Council R.A.S. administrator immediately. Could the Manager also write to all RAS landlords to reiterate that it is not permitted to collect rent directly from their tenant/s?”

Reply: “All agreements made under the Rental Accommodation Scheme require a Residential Tenancy Agreement to be signed by both Landlord and Tenant, which governs the RAS tenancy. Both Landlord and Tenant sign this document and a copy is sent to each for their own records.

Sub-Section b) of the Residential Tenancy Section of this document states as follows:

“The Housing Authority shall, on the first Friday of every month, in advance, for the full period of this agreement, pay the Rent to the Landlord on behalf of the Tenant notwithstanding that demand may not have been made under the Guarantee. The Landlord shall accept such payment as being made on behalf of the Tenant and for the avoidance of doubt the Housing Authority shall not become liable for the performance of any of the other covenants on the Tenant’s part by reason of such payment.”

13 The Landlord agrees with the Tenant, as stated in sub-Section 4.5 of the Landlord’s Obligations to the Tenant section of the document:

“In the event of payment of the Rent by the Housing Authority, not to seek payment from the Tenant of any sum already paid by the Housing Authority”.

Furthermore, all tenants are informed in writing when signing up to the Rental Accommodation Scheme, that they are no longer required to pay any rent to their Landlord and that they are to pay their contribution of the rent directly to the Local Authority. The Council does not have the resources at present to write to both the Landlords and the Tenants reiterating the terms and conditions of the Residential Tenancy Agreement, however, these issues will be addressed on an individual basis should a tenant notify the RAS Section that their landlord is seeking additional rent payments.

As the Residential Tenancies Act 2004 governs all tenancies under the Rental Accommodation Scheme, tenants can also refer their complaints directly to the Private Residential Tenancies Board for their assistance.”

C/526/10 Tickets for Parking in Loading Bays

Question: Councillor S. Fitzpatrick “To ask the Manager to address the issue whereby drivers in Dún Laoghaire Rathdown are receiving tickets for parking in loading bays as many are unaware that loading bays are for vehicles with commercial tax only?”

Reply: “Parking in loading bays is strictly reserved for vehicles registered as commercial vehicles and then only while actively loading/unloading and for a maximum of 30 minutes, during operational hours. This regulation is clearly stated in the Rules of the Road. There is a legal obligation on all motorists to be familiar with the Rules of the Road.”

C/527/10 Local Greens

Question: Councillor S. Fitzpatrick “To ask the Manager to confirm whether there are any current or future plans to request Dún Laoghaire Rathdown housing estate residents to cut their local greens themselves? To also ask the Manager whether the Council are currently paying private contactors to cut the grass in the Dún Laoghaire Rathdown’s housing estates?”

Reply: “Ground maintenance involves 3 operations – litter picking, weed control and grass cutting. Due to climate change grounds maintenance is now almost year round.

Grounds maintenance is carried out by a combination of direct labour and contract work. I am not aware of any requests by residents to take over the maintenance of the grass on the open space in their estates and there is no proposal to ask them to do so.”

C/528/10 Waiver of Waste Charges

Question: Councillor R. Humphreys

14 “To ask the Manager if he will reconsider a waiver of waste charges in respect of the estate of the late (details supplied)?”

Reply: “Under the terms of the Council’s waiver scheme, the applicant was assessed for a waiver of the fixed charges. As the applicant’s income exceeded the limit as set out the waiver scheme, the applicant did not qualify for a waiver of the fixed charges.

The applicant was subsequently assessed for a waiver under the terms of the hardship clause of the waiver scheme which states “If in the opinion of the County Manager, having regard to household circumstances, the payment of charges would result in severe financial hardship or if exceptional circumstances prevail, a waiver or an additional waiver over and above that which the applicant would normally be entitled to under this scheme, may be granted”.

However, the applicant did not qualify for a waiver under the terms of the hardship clause.

The charges remain outstanding and payable. The executor/administrator of the applicant’s estate should ensure that the charges due to the Council are paid prior to the distribution of the estate.”

C/529/10 Additional Sites for Playgrounds

Question: Councillor R. Humphreys “To ask the Manager what steps he is taking to identify any additional sites for playgrounds within the County?”

Reply: “In the past 5 years the Council has replaced 6 existing playgrounds and constructed 17 new ones throughout the County. This does not include play facilities within apartment complexes which are maintained by private management companies.

The Open Space Strategy will be completed by the end of 2010 and this will identify where there are deficiencies in access to play. This will identify the locations for future playgrounds.”

C/530/10 Private Sponsorship of Trees and/or Public Benches in Parks

Question: Councillor R. Humphreys “To ask the Manager will he give consideration to a system of private sponsorship of trees and/or public benches in parks as a fund-raising exercise, along the lines adopted in some English local authorities?”

Reply: “Sponsorship for the tree planting and benches is accepted provided that the sponsors agree to discreet acknowledgement of the sponsorship.

In 2007 Dun Laoghaire Rathdown planted 1000 oak trees along the southern boundary of Marlay Park. The project was facilitated by Tree Council of Ireland and the trees were used to raise funds for Vita, a charity (formally known as Refugee Trust International) who were using the money raised to plant Moringa Trees in Eritrea and Eithopia. An Oak cost €100 to sponsor and this enabled the planting of 35 trees in Africa.

15 There is also a draft Memorials Policy which will be presented to the Council before the end of 2010 and this sets out guidelines for sponsoring tree planting and/or benches.”

C/531/10 Increased Planting of Flowers in Public Green Spaces

Question: Councillor R. Humphreys “To ask the Manager will he give consideration to a programme of increased planting of flowers in public green spaces?”

Reply: “The Council maintains floral displays in its flagship parks and in towns and villages to support the work of Tidy Town Committees.

Floral displays are labour intensive and it would not be possible to increase the current extent of displays without significant increase in resources. If there are Residents Associations that wish to maintain floral displays in estates the Parks Service will provide support.”

C/532/10 Services Being Provided by the Council

Question: Councillor R. Humphreys “To ask the Manager if he will conduct a review of services being provided by the Council either free or at less than the price of providing the service, and if he will report to the elected Members in advance of the 2011 budget process on the options if any in this respect?”

Reply: “The necessary staff resources are simply not available to conduct a review of all services currently being provided by the Council either ‘free of charge’ or at a cost, which is less than the cost of providing the service, as requested by the Councillor. In the case of many of these services there is a legal obligation on the Council to provide the service either ‘free of charge’ or at a subsidised cost which cannot be changed by the Council. In many other cases it would not be feasible or appropriate to impose a charge where a charge has not been applied in the past.

Further consideration will be given to this matter in the context of the 2011 Budget. If any Councillor has a suggestion for increasing a Council charge or for applying a charge for a service, which is currently provided free of charge, they should submit it to the relevant Director of Services.”

C/533/10 Leasing by Councils of Unsold Homes from Developers or NAMA

Question: Councillor H. Lewis “To ask the Manager what knowledge he has of the government’s plans for the leasing by Council’s of unsold homes from developers or NAMA, any details that have been provided to him of the proposed leasing scheme, and any concrete developments that may be underway in terms of the progressing of this scheme?”

Reply: “The traditional method of supplying social housing by building or buying has been broadened in recent years with the introduction of Part V agreements and the Rental Accommodation Scheme. The Department is now further extending the sources of supply through the use of long term leasing which should allow for a more efficient and

16 effective use of available public resources in meeting output targets. The statutory basis for the provision of social housing through leasing is provided in the Housing Act 1966.

The main features of the scheme are as follows:  The housing authority or Voluntary body will enter into a lease arrangement with a property owner for periods of between 10 – 20 years  The leases will be for unfurnished dwellings  The lease type will be full “repair and insure” lease with the housing authority/voluntary body responsible for insurance, maintenance and upkeep. To take account of this the monthly lease will be at least 20% lower than the market rent.  The accommodation leased will be used to house persons on the local authority’s waiting list and tenants will be local authority/voluntary body tenants  The full cost of the lease will be recouped from the Department of the Environment Heritage and Local Government under the Social Housing Investment Programme  At the end of the period of the lease the property will be returned to the owner in the same general condition as at the commencement of the scheme save for fair wear and tear  During the term of the lease the owner of the property retains responsibility for any structural defects.

The scheme has been advertised in the national press which has generated some interest and the Council is following up on any enquiries made.”

C/534/10 Mechanisms/Procedures

Question: Councillor H. Lewis “To ask the Manager what oversight mechanisms/procedures are in place for the checking by the Council of the quality of work carried out by private contractors on its behalf, and the general adherence of those contractors to legal standards and best practice in terms of work quality, health and safety, and conditions of employment for their staff?”

Reply: “Prior to the award of any Council construction/works contract the successful tenderer is required to submit documentary evidence covering the following:

tax compliance (e.g. a Tax Clearance Certificate/C2 Form), compliance with specified insurance requirements, proof that they possess an accredited safety plan, evidence of full employee membership of the CF Pension Scheme, evidence that they comply with the Registered Employment Agreement and details of arrangements for disposal of any waste etc.

Supervision of contracts once awarded is carried our by professional/technical staff in the relevant Departments. The relevant trade unions are also notified of the intention to award a contract.

Any complaints in relation to non compliance in terms the quality of work, health and safety issues and/or terms of conditions of employees are fully investigated by the Council.”

17 C/535/10 List of Local Area Plans

Question: Councillor H. Lewis "To ask the Manager for the list of Local Area Plans the Council has committed to undertake over the coming years, the proposed order in which they will be undertaken, and the approximate dates for the commencement of those plans?"

Reply: “The County Development Plan 2010-2016 lists the following areas for which it is an objective of the Council to prepare a Local Area Plan:

 Old Conna;  Goatstown;  Blackrock;  Rathmichael / Ferndale Road;  Dún Laoghaire.

Consequent upon the recent restructuring of the professional staff in the Department, a forward planning team has been established for the purpose of realising development plan objectives in relation to the area of forward planning. This team will be headed up by David Irvine, Senior Planner. His team has commenced work on the development of a comprehensive works programme, in particular, with regard to prioritising a schedule of local area plans for presentation to the Council in the very near future.”

C/536/10 VAT Charges

Question: Councillor M. Mitchell O’Connor “To ask the Manager in relation to provisions introduced under the Finance Act 2010 and the fact that it is up to each local authority whether or not to pass on the VAT charges, ranging from 13.5% to 21%, to customers,(a) how does Dún Laoghaire-Rathdown County Council propose to deal with these new VAT charges? (b) Which County Council services are likely to be affected costwise by these VAT increases?”

Reply: “To date the only area where charges have been increased as a result of the application of VAT to certain Local Authority services is in respect of off street car parking where charges have been increased by 21% since Wednesday 8th September. The Council is awaiting clarification from Revenue in relation to the application of VAT on certain services. In other areas a decision has been made to absorb the VAT for the time being.”

C/537/10 Carbon Taxes

Question: Councillor M. Mitchell O’Connor “To ask the Manager what impact in terms of cost is the recent introduction of carbon taxes having on Dún Laoghaire-Rathdown County Council?”

Reply: “The relevant Directors have been asked to compile the information requested and the reply will issue when received.”

C/538/10 Water Supplies

Question: Councillor M. Mitchell O'Connor

18 “To ask the Manager in view of the fact that several counties have reported that their water supplies have become severely depleted following a number of weeks of unusually low rainfall (a) are there any plans to restrict the usage of water? (b) in the event of shortages what plans are in place to ensure water supplies?”

Reply “Dun Laoghaire Rathdown County Council obtains 98% of its water from Dublin City Council water treatment works supplied by reservoirs at Poulaphouca, Roundwood and Bohernabreena. Dublin City Council report that raw water levels at these reservoirs are healthy. Water treatment capacity for the Dublin region is always near critical but demand across the region, including in DLRCC, has been moderate and that there are no specific restrictions in place at present.

Barring an unforeseen event, it is unlikely that there will be an acute water shortage in the coming weeks but the message of water conservation is still relevant as the water production margin is always tight in the region.”

C/539/10 Planning Applications Processed

Question: Councillor T. Murphy "To ask the Manager how many planning applications have been processed on a year by year basis since 2006?"

Reply: “The following is a breakdown of the number of planning applications received during the period 2006 to 2009.

2006 - 3143 2007 - 2834 2008 - 2293 2009 - 1469

866 applications have been received to the end of August, 2010.”

C/540/10 Revenue Generated on Planning Applications

Question: Councillor T. Murphy “To ask the Manager what revenue did the Council generate on planning applications on a year by year basis since 2006?"

Reply: “The following is a breakdown of the amount of income received in respect of planning applications during the period 2006 - 2009:

2006 - € 1,813,720.16 2007 - € 2,084,041.73 2008 - € 1,275,985.70 2009 - € 990,328.35

The sum of €466,328.61 was received to the end of August, 2010.”

C/541/10 Number of Staff in Planning Department

Question: Councillor T. Murphy

19 “To ask the Manager how many staff there was in the Planning Department in 2006 and how many staff are there now in 2010?”

Reply: “The following is the information requested.

2006: 95 staff employed

2010: 91 staff employed”

C/542/10 Development Levies

Question: D. O’Callaghan “To ask the Manager to state the following regarding development levies (a) The total amount of development levies outstanding to the Council. (b) The names of any developers or development companies who owe outstanding development levies to the Council (c) The amounts owed by each developer or development company. (d) What action is being taken by the Council to recover any outstanding development levies owed?”

Reply: “The Council issues an invoice in respect of Section 48 Development Contributions levied under planning applications in the following circumstances:

 In respect of developments where commencement notices have been submitted to the Council;  Where the Council is aware that a development has commenced but no commencement notice has been submitted and  Where an applicant submits a part payment in respect of a particular application without the prior submission of a commencement notice

In accordance with the Department of the Environment, Heritage and Local Government’s accounting principles and on the advice of the Local Government Auditor, it is the Council’s practice to invoice for the full amount due under the planning permission in the circumstances outlined above. It should however be noted that the vast majority of large planning permissions are implemented on a phased basis usually over a number of years. Accordingly in accordance with the provisions of Section 48 of the Local Government Planning and Development Act 2000, the Council’s Development Contribution Scheme and the conditions in the grant of planning permission it is the Council’s policy to enter into agreements with applicants, which provides for the payment of contributions on a phased basis. An example of how the policy outlined above operates is as follows:

 Planning permission granted for residential development consisting of 100 units – say development contribution equals €1.5m  Commencement notice received in e.g. January 2009 – development to commence in February 2009  Invoice in the sum of €1.5m is issued in January 2009  Applicant indicates that development will be completed in 5 phases of 20 units each as follows:  1st phase of 20 units completed December 2009  2nd phase completed June 2010  3rd phase completed December 2010  4th phase completed June 2011  5th phase completed December 2011

20  Agreement is reached with applicant that development contributions will be paid on a phased basis on completion of each phase, subject to the provision that no water connection will be provided unless 1/3 of the contribution is paid up front  Assuming the agreement is adhered to then the following will be the position in relation to the amount outstanding (without indexation) recorded in the Council’s accounts in respect of this planning permission at the dates set out below:  30th June 2009 – €1.5m  31st December 2009 - €1.2m  30th June 2010 - €900,000  31st December 2010 - €600,000  30th June 2011 - €300,000  31st December 2011 - Nil

Having regard to the foregoing practice, the amount that has been invoiced in respect of Section 48 development contributions and not paid as at 3rd September, 2010 is €99.15m. However, as stated above, it should be noted that many of these developments are subject to agreements in respect of the payment of invoiced amounts on a phased basis. A further example of a specific permission will help to put this amount in context. The example is in respect of a large development which is recorded in the Council’s accounts as having a large outstanding balance based on the invoice generated but which in effect is not in arrears based on the amount of development completed.

 10 year planning permission was invoiced for Section 48 development contributions of €12,981,397.09 in December, 2006.  Section 48 payments totalling €4,073,125.40 received to date.  The outstanding Section 48 amount of contributions in respect of this permission is €10,379,471.61 inclusive of indexation.  However, a site inspection confirmed that the developer had paid for more Section 48 contributions than had been constructed, and accordingly, the Section 48 contributions phasing of the permission was not breached.  In addition, a substantially amended planning permission was granted on the remainder of the site. In the event that the amended permission is commenced, then the remainder of the parent permission cannot be implemented and the existing Section 48 balance of €10,379,471.61 against the parent permission would not be due. The amended planning permission would be invoiced appropriately.

It is clear from the foregoing that the amount of development contributions recorded as outstanding in the Council’s accounts is significantly different to the amount due to be paid in respect of completed developments/phases of developments.

Following in-depth inspection of the majority of the major developments in the County the Section 48 amount due to the Council based on completed units is €25.48M. This €25.48M represents 68 of the 225 sites inspected and the Planning Authority is pursuing these outstanding monies vigorously. However, it should be noted that this sum of €25.48M includes some firms, which are in receivership and with whom the Council is in detailed discussions in relation to payment of the amounts due. Other firms are subject to Enforcement procedures and a number of test cases are being brought to the Commercial Court. It is not the practice or policy of the Council in respect of outstanding development contributions to publicise personal details including financial liabilities of individuals or companies.”

C/543/10 Proposed Churchtown - Stillorgan/Blackrock QBC

Question: Councillor G. O'Keeffe

21 “To ask the Manager if Dublin Bus have provided concrete assurances that funding and additional bus services will be available for the proposed Churchtown – Stillorgan/Blackrock Quality Bus Corridor (QBC)?”

Reply: “A major bus network review was completed by Bus Atha Cliath, which was presented to Councillors earlier this year The review provided for increased services, in particular a new orbital service, on this route.

With the exception of Lower Kilmacud Road where a bus priority scheme is at preliminary design there are no current proposals for additional bus priority on the route. The requested assurances will be sought from Bus Atha Cliath before this or any other scheme is constructed on the route.”

C/544/10 Review of Pay Parking Facilities

Question: Councillor N. Richmond “To ask the Manager when the Transport Strategic Policy Committee will conclude their review of pay parking facilities in the County?”

Reply: “The Transportation SPC established a Working Group to review parking issues and elements of the Parking Control Bye Laws 2007. The Group is chaired by Councillor Maria Bailey and its members are Councillor Maria Bailey, Councillor Niamh Bhreathnach, Councillor Gerry Horkan, Councillor Marie Baker, Michael Tierney and Tom Nolan. The Working Group met in June and in August and has presented its recommendations to the Transportation SPC on the 9th September. Good progress has been made in relation to a number of the issues examined by the Working Group that have been adopted by the Transportation SPC. However, the Transportation SPC has requested further information from the Working Group on a number of issues that requires some further investigation. It will reconvene in October to consider the findings from this investigation and will present its findings to the Transportation SPC at the end of October. The Transportation SPC's recommendations will be presented to the County Council in November.”

C/545/10 Council Staff Engaged in Grass Cutting

Question: Councillor N. Richmond “To ask the Manager to report on the number of Council staff engaged in grass cutting over the summer months this year compared with each of 2008 & 2009, the number of external contractors engaged in grass cutting over the summer months this year compared with each of 2008 & 2009 and the costs incurred in each year to retain these services?”

Reply: “Ground maintenance involves 3 operations – litter picking, weed control and grass cutting. Due to climate change grounds maintenance is now almost year round.

Parks staff are trained to carry out a wide range of skilled work involving all aspects of grounds maintenance, tree maintenance and minor construction works. In order to successfully implement all our works programmes we need a flexible workforce and we believe that this is being achieved.

To complement our workforce, contractors are utilized to carry out routine maintenance duties which leaves our staff to carry out the value added skilled work which enables us

22 to achieve the standards of presentation of our Parks that the public expect in Dun Laoghaire Rathdown.

The table below sets out the number of staff who are allocated on a part time basis to ‘grass cutting’. This does not include the cost of supervision, machinery maintenance and depreciation or administration.

Park Districts Staff Cost in 2008 Cost in 2009 Cost in 2010 allocated part time Marlay District 2 €43,000.00 €45,000.00 €48,000.00 Mount 12 in €233,000.00 €248,000.00 €204,000.00 Anville/Blackrock 2008/2009 District (includes Stepaside Golf 11 in 2010 Course) Cabinteely 9 €148,000.00 €157,000.00 €168,000.00 Loughlinstown District TOTALS €424,000.00 €450,000.00 €420,000.00

The cost of contract ground maintenance which includes all roads margins/medians was €650,000 in 2008, €725,000 in 2009 and €725,000 in 2010.

Four contractors are engaged in this work.”

C/546/10 Litter Bins Erected in 2010

Question: Councillor N. Richmond “To ask the Manager to provide details of the ‘priority areas’ where litter bins have been erected in 2010, to date, and where it is planned to provide same during the remainder of this year?”

Reply: “New bins are only installed as a result of replacing a damaged bin or relocating an existing bin. There are no proposals to install extra bins for the remainder of the year.

A number of litter bins have been moved in the county from under-utilised areas or abused bins (bins used primarily for domestic waste) and relocated to areas suggested by local groups, such as resident associations and tidy towns groups. When considering a request for this relocation of a litter bin, the area is prioritised by the quantity of litter generators (shops, takeaways etc.) present.”

C/547/10 Breakdown of the Rolled Up Loans

Question: Councillor N. Richmond “To ask the Manager to provide a full breakdown of the rolled up loans on the Council’s books and provide a report in relation to loans which the Council proposes to transfer to the Sustainable Communities Limited?”

Reply “There are four housing sites with outstanding loans in the Dún Laoghaire-Rathdown County Council area. The interest on three of these loans set out below, have fallen due for payment and the outstanding interest is due to be paid to the Housing Finance Agency in 2011.

23 Site Loan Date Amount Interest to date Ballyman Road (8.84 ha) 19/07/2002 €8.380,272 2,052,974 Lehaunstown (3.98ha) 16/03/2000 €4,444,083 1,669,362 Enniskerry Road (2.85ha) 06/04/2001 €8,824,680 2,731,841 6,454,177

It is proposed, subject to the agreement of the Council, to apply to transfer these three sites under the Land Aggregation Scheme to the Sustainable Communities Ltd. Under this scheme the capital and loan costs attaching to a parcel of land will be paid off by the Department. Responsibility for the ongoing maintenance and management of the lands transferred will reside with Sustainable Communities Ltd., and the lands may still be available to Dún Laoghaire-Rathdown County Council for social housing purposes subject to approval under Social Housing Investment Program in the normal manner.

The fourth site at Old Connaught Ave (2.32 ha), was purchased on 20th March 2008 for €17,100,000 and accordingly interest will not fall due for payment until 2015. It is not proposed to transfer this site.”

C/548/10 Compulsory Purchase Orders

Question: Councillor C. Smyth “To ask the Manager will residents of Dún Laoghaire-Rathdown County Council, receive payments for the cost of hiring legal/technical consultants, during the Compulsory Purchase Orders process, when projects are delayed indefinitely?”

Report: “Residents effected by a confirmed and operative Compulsory Purchase Order are entitled to submit a compensation claim to include costs of hiring legal/technical consultants through their representative after a Notice to Treat has been served. This claim will enable the Council to make a proper offer of compensation. If a notice to treat is not served there is no basis for recouping costs incurred.”

C/549/10 No Dumping Signs

Question: Councillor C. Smyth “To ask the Manager why the Council have ceased providing “no dumping” signs?”

Reply: “The presence of “No Dumping” signs in vulnerable locations will not deter certain people who are intent on illegal dumping of rubbish. The benefit of such signs, and it is doubtful if there is a significant benefit, does not justify the cost of purchasing and erecting these signs.”

C/550/10 Dublin Mountain Partnership

Question: Councillor C. Smyth “To ask the Manager for a report on the great work undertaken and the work to be completed by the Dublin Mountain Partnership?”

Reply: It is Council policy to support the Dublin Mountain Partnership’s (DMP) 10 year strategy for providing recreational facilities on public land in the Dublin mountains. Since it’s

24 formation in 2006, the DMP has made considerable progress, including the following projects:

Summary of delivered programme to date for 2010

1. Trail Maintenance and Improvement

Upgrading of the highly popular trail from Three Rock to Fairy Castle – a stone pitched trail is being constructed by Mountain Meitheal volunteers and is nearing completion.

2. Development of the Dublin Mountains Way

The Dublin Mountains Way is a flagship project of the DMP and an objective of the County Development Plan and will soon be delivered upon. It is nearing completion with only two small sections still to be finalised. The route is waymarked from Shankill to Barnaslingan and then from Ballyedmonduff via the Hell Fire Club to Glenasmole in South Dublin. South Dublin County Council is working on a section of the route through Kiltipper park which will finish the link to Tallaght, over 40km of trail, much of which is off-road. The Dublin Mountain’s Way will be classified as a National Waymarked Way when complete. The complete trail from Shankill to Tallaght will be officially launched by the DMP on National Trails Day, 3rd October, 2010.

The Dublin Mountains Way featured in the popular television series Track and Trails, which aired on RTE 1 during the summer months and achieved very high ratings and interest.

3. Volunteering and Community Involvement

The DMP volunteer ranger service plays an important part in management of the valuable resource and providing an enhanced recreation experience for the users of the Dublin Mountains. There are now has 32 volunteers contributing at least 2 days a month particularly at high usage times such as the weekends. Volunteers come from the outdoor and local communities. During the summer of 2010 the volunteer rangers have contributed an average of 252 hours per month.

Other volunteer activities include Mountain Meitheal who help with maintenance of the trails and Google employees who helped install water bars and steps along a section of the Dublin Mountains Way. Over 118 different volunteers have helped out with DMP projects in 2010.

The DMP is setting up a Consultative Forum which will engage with local people living and working in the Dublin mountains. Nominations to this forum will be advertised at the end of September. Two to three meetings will be held per annum with one meeting before the end of 2010.

Work is also underway on two new volunteer programmes – Adopt-a-forest and Adopt-a- trail.

4. Development of sustainable public transport

The Dublin Mountaineer bus service is running again this summer, from July until mid October linking Sandyford Luas and Tallaght with the mountains. The service is proving popular once again with walkers and visitors to the mountains. The service will be featured on RTE Capital D in September.

25 5. Education Initiatives

The Dublin Mountain Partnership has developed a permanent orienteering course at Carrickgollogan and Barnaslingan, with an education facility. This project was completed in partnership with Coillte, DLR Sports Partnership and Great Eastern Navigators Orienteering Club. There is a primary and secondary schools workbook accompanying each control point with practical mathematical questions. The maps and workbooks can be downloaded from the website www.dublinmountains.ie.

6. Developing and providing Recreation Events

The volunteer rangers lead at least two guided walks per month, which encourage new users and those less familiar with the mountains to get out and enjoy this wonderful resource on the capitals doorstep.

July 2010 saw the inaugural Dublin Mountains Plod half marathon which started and finished in Marlay Park and covered a very scenic off road route through the mountains. Over 200 participants ran in this very popular event and raised funds for the DMP.

The DMP and Coillte are hosting a forestry family fun day on September 19th which will have a range of activities which families can participate in from archery, den building, zip line and rope course, deer and wildlife talks, tree identification, cross cutting and forest games.

Other Projects to be completed in 2010

 Mountain bike facility at Tiknock Forest. Phase 1 of this project will include over 7km of trail, 4.5km of which is single track. Tenders for this project have been received and a contractor should be selected in September and work will commence shortly after this.  Completion of Dublin Mountains Way – construction of section of new trail at the Scalp, upgrading of lane from Ferndale Road into Rathmichael Wood, South Dublin County Council to finish works at Kiltipper Park.  Install new looped walk and trailhead sign (with map and information on the site) in Dun Laoghaire/Rathdown Co.Council’s Rathmichael Wood.  Develop two new volunteer programs – Adopt-a-trail and Adopt-a-forest  Installation of permanent orienteering course at Three Rock.  Continued promotion of responsible recreation through Leave No Trace.

The DMP gave the elected members a bus tour of its ongoing work programme in May 2010 and it would be delighted to make a presentation on further projects if requested.”

C/551/10 Unfinished Estates

Question: Councillor C. Smyth "To ask the Manager to list the "ghost estates" in the Dún Laoghaire-Rathdown Area?"

Reply: “The term unfinished estates as far as Dún Laoghaire-Rathdown County Council interprets it are estates where the roads/water/drainage/public lighting are not complete to taking in charge standards. These standards are set out in “Standard for Developments in Residential/Industrial Areas” Guidance Document. This document sets out the standards that are required for developers in respect of roads, water and drainage, public lighting, open space etc. Developers are expected to comply with these standards.

26 There are seven developments in the County that have come to a temporary halt due to the current economic circumstances. They are not classified as unfinished estates as the planning permissions in respect of these developments – some of which are 10 year permissions – have not yet expired. Dún Laoghaire-Rathdown County Council is actively monitoring these estates and having ongoing discussions with the respective developers, or their agents to ensure that these estates are satisfactorily maintained.”

C/552/10 Positive Aging Week 2010

Question: Councillor C. Smyth “To ask the Manager what activities are arranged for “Positive Ageing Week 2010” and is there a town in Dún Laoghaire-Rathdown dedicated a “Positive Ageing Town?”

Reply: “There are no specific events arranged by the Council for “Positive Aging Week 2010” in the county.

However, a number of events supporting older persons and positive ageing will be held during Social Inclusion week, 16th to 23rd October 2010.

The Council has also organized/supported many events during the Bealtaine Festival to support older people and positive ageing in the county.”

C/553/10 Education And Training For Councillors

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

“(a) 30th Annual MacGill Summer School & Arts Week, Mac Gill Summer School, Glenties, Co. Donegal; 18th – 24th July 2010 (b) William Carleton Summer School, Corick House Hotel, Clogher, Co. Tyrone; 2nd – 5th August 2010 (c) La rencontre des Côtes d’Armor, Saint – Brieuc, Brittany, France; 16th – 19th September 2010 (d) Water Metering Conference 2010, Royal Marine Hotel, Dún Laoghaire, Co. Dublin; 23rd September 2010 (e) Yeat’s International Summer School, Yeats Memorial Building, Hyde Bridge, Sligo; 31st July – 6th August 2010 (f) Parnell Summer School: Gotcha! –The Role of Media in Politics and Society, Avondale House and Conference Hall, Avoca, Co. Wicklow; 8th – 13th August 2010 (g) CIF Annual National Conference & Luncheon: The Economics of Ireland's Recovery, Convention Centre, Spencer Dock, Dublin; 10th September 2010 (h) International Symposium - Working Toward a Holistic Alcohol Strategy in Europe: Communication, Education and Public Awareness, The Silken Hotel, Brussels; 30th September 2010 (i) The National Youth Council of Ireland: Youth Employment and Unemployment, Croke Park Conference Centre, Jones’s Road, Dublin; 5th October 2010 (j) Professional Development Conference for Councillors: Computer and I.T Development Skills for Councillors; A Business Perspective, Keadeen Hotel, Curragh Road, Newbridge, Co. Kildare; 3rd – 5th September 2010 (k) Historic Towns Forum: Achieving Added Value Through Community Engagement, The Pavillion, Chester Racecourse, CH12LY; 22nd – 23rd September 2010 (l) Seminar on EU Projects Promoting Sustainable Travel, Clarion Hotel, Cork; 20th September 2010

27 (m) ‘How to be an effective Mayor/Chairperson’, The Creggan Court Hotel, Athlone, Co. Westmeath; 30th September – 2nd October 2010 (n) Elected Member’s Training Seminar: ‘Planning and Development Amendment Act 2010’, Hannon’s Hotel, Athlone Road, Roscommon; 15th – 17th October 2010 (o) Elected Member’s Training Seminar: ‘Criminal Law (Defence and the Dwelling) Bill 2010, Insurance Issues for the Home and Business. Enforcement of Social Standards in Local Authority Housing, Maldron Hotel Galway, Oranmore, Galway; 29th – 31st October 2010 (p) Getting A Grip 2010 – ‘Building A Social Response’, The Europe Hotel & Resort, Killarney, Co. Kerry; 7th – 8th October 2010 (q) A Taste of West Cork Food Festival presents: An International Food Conference – Food for the Future, Can Ireland feed itself?, The West Cork Hotel, Skibbereen, Co. Cork; 11th September 2010 (r) Future of Cities: ICLEI’S 20th Anniversary Congress, Songdo Convensia, Incheon, Korea; 5th – 7th October 2010 (s) Ceiliúradh and bhascaoid 2010, Ionad an Bhalscaoid, Dún Chaoin, Trá Lí, Co. Chiarraí; 24th – 26th September 2010 (t) 2010 La Touche Legacy Seminar, Charlesland Golf & Country Club Hotel, Greystones, Co. Wicklow; 1st – 3rd October 2010 (u) LAMA Autumn Seminar, Listowel Arms Hotel, Listowel, Co. Kerry; 8th – 9th October 2010 (v) Training Seminar for Councillors: ‘Report of the Local Government Efficiency Review Group’, Whites Hotel, Wexford; 1st – 3rd October 2010 (w) Children’s Hope Youth & Community Conference 2010, Fitzpatrick’s Castle Hotel, Killiney, Co. Dublin; 11th October 2010”

C/554/10 Approval of Nominations

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

“15th Annual Dr. Douglas Hyde Summer School, Ballaghaderreen, Co. Roscommon, 3rd – 10th July 2010.

 Cllr Mary Mitchell O’ Connor

Elected Members Training Seminar, Housing (Miscellaneous) Provisions Act 2009, The Glenroyal Hotel, Maynooth, Co. Kildare, 16th – 18th July 2010.

 Cllr Barry Saul

30th Annual MacGill Summer School & Arts Week, Mac Gill Summer School, Glenties, Co. Donegal, 18th – 24th July 2010

 Cllr Gerry Horkan

The need for urgent Local Authority and Health Service Reform, Maldron Hotel Galway, Oranmore, Co. Galway, 30th July – 1st August 2010

 Cllr Victor Boyhan

Elected Members Training Seminar, “Waste Management Regulations, Tyres & Waste Tyres, Prohibition of Waste Disposal by burning, Obligations on Farmers, The Insurance Issues”, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway, 20th – 22nd August 2010.

28  Cllr Pat Hand

Elected Members Training Seminar, “Water Conservation, The Impact of the new EPA Guidelines on Planning Applications, Are We at Risk?” Carlton Atlantic Coast Hotel, The Quay, Westport, Co. Mayo, 27th – 29th August 2010.

 Cllr Cormac Devlin

Professional Development Conference for Councillors: Computer & I.T Development Skills for Councillors; A Business Perspective, Keadeen Hotel, Newbridge, Co. Kildare, 3rd – 5th September 2010.

 Cllr Barry Saul

A.M.A.I 97th Annual Conference, Inishowen Gateway Hotel, Buncrana, Inishowen, Co. Donegal, 9th – 11th September 2010.

 Cllr Tony Fox”

C/555/10 Monthly Financial Report

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

“REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/2010 - 31/07/2010 7 58.33%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 15,296,591 28,342,300 53.97 B Road Transportation & Safety 11,978,739 23,866,500 50.19 C Water Services 17,207,949 30,039,800 57.28 D Development Management 5,272,893 9,996,400 52.75 E Environmental Services 21,613,736 40,210,600 53.75 F Recreation & Amenity 12,427,569 21,710,200 57.24 G Agriculture, Education, Health & Welfare 4,308,899 7,520,900 57.29 H Miscellaneous Services 8,594,848 14,602,900 58.86 J Service Support Costs 14,755,506 24,276,700 60.78 TOTAL: 111,456,729 200,566,300 55.57

29 INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 15,413,798 25,200,300 61.17 B Road Transportation & Safety 4,831,443 9,525,600 50.72 C Water Services 4,227,140 9,237,100 45.76 D Development Management 1,310,423 2,358,200 55.57 E Environmental Services 7,003,384 12,799,600 54.72 F Recreation & Amenity 2,821,323 4,852,000 58.15 G Agriculture, Education, Health & Welfare 3,860,817 6,904,400 55.92 H Miscellaneous Services 3,166,972 5,508,400 57.49 SUB TOTAL: 42,635,299 76,385,600 55.82 Commercial Rates 52,067,503 89,060,500 58.46 Local Government Fund 19,611,783 33,620,200 58.33 TOTAL INCOME: 114,314,585 199,066,300 57.43

SURPLUS/(DEFICIT) at 31/07/2010 2,857,856

Date 16/08/10 Contact: Helena Cunningham, A/Head of Finance”

A discussion took place during which Ms. H. Cunningham, A/Head of Finance responded to Members queries. The report was NOTED and Ms. Cunningham stated that a report would issue shortly to the Members in relation to some modest adjustments to the Budget.

C/556/10 Proposed Disposal of Properties

Proposed Disposal of Housing Land at 3 Locations, Ballyman Road, Lehaunstown and Enniskerry under the Land Aggregation Scheme

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. DISPOSAL NOTICE:

Proposed Disposal of Housing land at 3 locations Ballyman Road, Lehaunstown and Enniskerry Under the Land Aggregation Scheme

REVISED ARRANGEMENTS FOR THE FUNDING OF LAND FOR SOCIAL HOUSING PURPOSES AND LAND AGGREGATION SCHEME:

The revised arrangements for the funding of land for social housing purposes and land aggregation scheme was tabled at the Housing SPC on 17th June 2010.

30 Under current funding arrangements where land was purchased with a loan from the Housing Finance Agency the Department of the Environment, Heritage and Local Government funds the cost of the land and up to seven years interest. Where there is a delay in developing the land the Local Authority can apply to extend this period beyond 7 years.

Given the current over supply on the housing market, the lack of availability of public funds for investment and changes in housing policy away from large ‘green field’ developments it is likely that some land purchased may not be used for housing projects in the short to medium term (i.e. 5 – 10 years).

Revised Arrangements The Department have now informed Local Authorities of revised arrangements for the funding of Land for Social Housing Purposes. Under the revisions where the term of loan has come to an end the Authority must enter into a new arrangement with the HFA to pay the interest on the loan which has gone beyond the seven year period, or where one has already been approved, the extension. Loans that have already fallen due without agreement to an extension or loans that fall due in 2010 may be rolled over until 2011 at which point outstanding interest beyond the periods set out above must be paid by Local Authorities. Under the revised arrangements extensions will not be approved.

Recoupment of Land Costs Under the current arrangements once a scheme commences on site the Department funds the cost of the land plus rolled up interest charges. Under the revised arrangements the land costs for a housing project will depend on:

(1) whether there is an outstanding loan on the land and (2) the densities provided for by the planning authority for the site/area in question

Where there is an outstanding loan the Department will only recoup a percentage of the purchase cost of the land and rolled up interest paid up to a maximum of seven years or such longer period as approved by the Department, the balance remaining will be required to be met by the Local Authority.

Where there is no loan the Department will pay the market value of the land. To ensure the optimal usage of the land 100% recoupment will apply only where the densities provided for by the planning authority for the area are implemented.

Survey Housing Authorities have been asked to complete a survey of land owned by them which is intended for housing purposes, the information is to include details such as the location of site, type, size, title, zoning and timeframe for development.

The National Building Agency will contact each authority to discuss and to assist with the collection of data for this audit. The HFA have also asked that they be given this information at the same time it is sent to the NBA.

It is proposed that the information supplied by each authority will be combined in order to engage with NAMA with a view to maximising the value of lands owned or controlled by the state and will ensure optimal use from planning and ‘social dividend’ perspectives.

Land Aggregation Scheme The revised arrangements for the funding of land for social housing purposes also provides for a new ‘Land Aggregation Scheme’.

31 A limited amount of funds have been set aside by the Department in 2010 for this purpose, with further funds available in future years. There is no onus on a local authority to partake in the scheme but it will be of benefit to local authorities that are servicing land loans where it is unlikely that the land in question will be developed in the short to medium term.

Under the Land Aggregation Scheme, following the completion of the land survey and subject to the agreement of the Council, Local Authorities may apply to the Department to pay off the full capital and loan costs attaching to a parcel of land in order to alleviate the financial burden of servicing the land loans. The ownership of the land would then transfer to a central body.

Responsibility for the ongoing management and maintenance of lands transferred would reside with the central body pending a decision on future use.

Land holdings transferred to the agency may still be available to the local authority for social housing projects subject to approval under SHIP (Social Housing Investment Programme) in the normal manner. It is possible, in consultation with NAMA that alternative or additional lands may also become available. Lands that are unlikely to progress within the timeframe of the current development plan may be suitable for inclusion in the Land Aggregation Scheme.

Dún Laoghaire Rathdown County Council has over twelve sites for housing purposes totalling approximately 46 ha. Three of these sites are eligible for the scheme and have loans totalling €21.6m. The interest on these three loans to date is €6,454,177.68m. As they have all gone beyond the seven years payment of the outstanding interest beyond the approved periods will fall due for payment in 2011.

The three sites in question (as identified on the attached drawings) are

Loan Date Area Drawing No Ballyman Road €8,380,272 19/07/2002 8.84 ha PL-10-402 Lehaunstown* €4,444,083 16/3/2000 3.98ha PL-10-396 Enniskerry Road €8,824,680 06/04/2001 2.85ha PL-10-399 €21,649,035 15.67 ha

2 of the sites are freehold and 1* is leasehold

The cost required each year to service the interest on these loans is in the region of €820,000. In order to avoid an additional financial burden being placed upon this authority it is proposed to dispose of the above lands to the Housing and Sustainable Communities Agency Ltd for the nominal amount of €1 and to apply to the Department of the Environment and Local Government to pay off the full capital and loan costs attached to each of the three parcels of land.

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

“That the disposal of lands at Ballyman Road, Lehaunstown and Enniskerry Road, to the Housing and Sustainable Communities Agency Ltd for the nominal amount of €1, be carried out in accordance with the terms of the Land Aggregation Scheme specified in the foregoing report.

Date: ______Charles Mac Namara, Director of Housing”

32 A lengthy discussion took place, during which Mr. C. Mac Namara, Director of Housing and Mr. O. Keegan, County Manager responded to Members queries.

It was AGREED to ADJOURN the meeting for 10 minutes so the Members could further consider the proposed disposal of housing land at 3 Locations, Ballyman Road, Lehaunstown and Enniskerry under the Land Aggregation Scheme.

C/557/10 Adjournment of Meeting

The meeting adjourned at 6.00 p.m.

C/558/10 Reconvening of Meeting

The meeting reconvened at 6.10 p.m.

C/559/10 Proposed Disposal of Properties

Proposed Disposal of Housing Land at 3 Locations, Ballyman Road, Lehaunstown and Enniskerry under the Land Aggregation Scheme

It was proposed by Councillor B. Saul and seconded by Councillor D. Marren:

“That the disposal of lands at Ballyman Road, Lehaunstown and Enniskerry Road, to the Housing and Sustainable Communities Agency Ltd for the nominal amount of €1, be carried out in accordance with the terms of the Land Aggregation Scheme specified in the foregoing report.

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

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

33 Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Ward, Barry √ Total: 22 3 2

An Cathaoirleach, Councillor L. McCarthy declared the resolution CARRIED.

C/560/10 Proposed Disposal of Properties

Proposed Disposal of Unsold Affordable Units on Open Market of Property at Kingston Hall, Harolds Grange Road, Co. Dublin

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)

Sale of Unsold Affordable Unit on Open Market

Proposed disposal of property Kingston Hall, Harolds Grange Road, Co Dublin, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000-2002, the Council acquired 6 units at Kingston Hall, Harolds Grange Road, Co Dublin on the 6th August 2009, comprising four x one bedroom, two x two bedroom from Woodbridge Developments Ltd. The Council has previously approved the disposal of one unit to an approved applicant under the Affordable Housing Scheme.

Due to reduced interest from affordable housing applicants, 114 unsold units in various developments throughout the County have been placed for sale on the open market with priority of offer being given to affordable housing applicants and first time buyers. It is now proposed to dispose of one x 1-bed unit, which is being sold on the open market to the first time buyer named on the attached schedule. This property has been available

34 for sale to affordable housing applicants since August 2009. The price obtained is higher than the affordable sale price and is the best possible price achievable in the current climate. A drawing showing the location of the units will be available at the meeting.

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

“That the Council agree that the disposal of one x 1-bed unit at Kingston Hall, Harolds Grange Road, Co Dublin, be carried out in accordance with the terms specified in the foregoing report”.

Date: 26th August 2010 ______Charles Mac Namara, Director of Housing”

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

“That the Council agree that the disposal of one x 1-bed unit at Kingston Hall, Harolds Grange Road, Co Dublin, be carried out in accordance with the terms specified in the foregoing report.”

C/561/10 Proposed Disposal of Properties

Proposed Disposal of Unsold Affordable Unit on Open Market of Property at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18

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)

Sale of Unsold Affordable Unit on Open Market

Proposed disposal of property at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2002 the Council acquired 36 units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18 on the 22nd December 2009, comprising eleven x one bedroom, twenty three x two bedroom and two x three bedroom apartments, from Viscount Securities Limited. These units have been offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

Due to reduced interest from affordable housing applicants, 114 unsold units in various developments throughout the County have been placed for sale on the open market with priority to purchase being given to affordable housing applicants and first time buyers. It is now proposed to dispose a one unit at Mimosa Hall, The Gallops, Sandyford, Dublin 18 which is being sold on the open market. The proposed purchaser is a first time buyer named on the attached schedule. These properties have been available for sale to affordable housing applicants since December 2008. The price obtained is higher than

35 the affordable sale price and is the best possible price achievable in the current climate. A drawing showing the location of the unit will be available at the meeting.

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

“The Council agree that the disposal of one unit at Mimosa Hall, The Gallops, Sandyford, Dublin 18 as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

12th August 2010 ______Charles Mac Namara, Director of Housing”

It was proposed by Councillor B. Ward, seconded by Councillor T. Joyce and RESOLVED:

“The Council agree that the disposal of one unit at Mimosa Hall, The Gallops, Sandyford, Dublin 18 as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/562/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18

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 DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18 acquired under Part V of the Planning and Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts 2000-2008, the Council acquired 36 units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18 on the 22nd December 2009, comprising eleven x one bedroom, twenty three x two bedroom and two x three bedroom apartments, from Viscount Securities Limited. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council previously approved the disposal of twenty-three of these properties to eligible affordable applicants and it is now proposed to dispose of further units.

It is proposed to dispose of two units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). These units are being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the units will be available at the meeting.

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

“The Council agree that the disposal of two affordable apartments at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

24th August 2010 ______Charles Mac Namara, Director of Housing”

It was proposed by Councillor J. O’Dea, seconded by Councillor M. Baker and RESOLVED:

“The Council agree that the disposal of two affordable apartments at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/563/10 Proposed Disposal of Properties

Proposed Disposal of Unsold Affordable Unit on Open Market of Property at Harbour View, Crofton Road, Dun Laoghaire, Co. Dublin

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)

Sale of Unsold Affordable Unit on Open Market

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

In accordance with Part V of the Planning & Development Acts 2000 – 2002 the Council acquired eight x one-bedroom apartments at Harbour View, Crofton Road, Dun Laoghaire, Co Dublin, from Earlsfort Crofton Limited & Shaston Developments trading as Crofton Developments. These units have been offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

Due to reduced interest from affordable housing applicants, 114 unsold units in various developments throughout the County have been placed for sale on the open market with priority to purchase being given to affordable housing applicants and first time buyers. It is now proposed to dispose of the remaining one-bedroom unit at Harbour View, which is being sold on the open market. The proposed purchaser is a first time buyer named on the attached schedule. These properties have been available for sale to affordable housing applicants since June 2009. The price obtained is higher than the affordable sale price and is the best possible price achievable in the current climate. A drawing showing the location of the unit will be available at the meeting.

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

37 “The Council agree that the disposal of the remaining one-bedroom unit at Harbour View, Crofton Road, Dun Laoghaire, Co Dublin as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

29th July 2010 ______Charles Mac Namara, Director of Housing”

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

“The Council agree that the disposal of the remaining one-bedroom unit at Harbour View, Crofton Road, Dun Laoghaire, Co Dublin as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/564/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at The Belfry, Enniskerry Road, Stepaside, Dublin 18

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 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 Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2008 the Council have acquired fifty-nine apartments at The Belfry, Enniskerry Road, Stepaside, Dublin 18, consisting of 17 x one-bedroom, 32 x two-bedroom and 10 X three-bedroom apartments, from John Fleming Construction Ltd. These units are being offered to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council previously approved the disposal of thirty-five of these properties to eligible affordable applicants and it is now proposed to dispose of further units.

It is proposed to dispose of three units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). These units are being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the units will be available at the meeting.

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

38 “The Council agree that the disposal of three affordable apartments at The Belfry, Enniskerry Road, Stepaside, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

29th July 2010 ______Charles Mac Namara, Director of Housing”

It was proposed by Councillor T. Joyce, seconded by Councillor P. Hand and RESOLVED:

“The Council agree that the disposal of three affordable apartments at The Belfry, Enniskerry Road, Stepaside, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/565/10 Proposed Disposal of Properties

Proposed Disposal of Unsold Affordable Unit on Open Market of Property at The Belfry, Enniskerry Road, Stepaside, Dublin 18

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)

Sale of Unsold Affordable Unit on Open Market

Proposed disposal of property at The Belfry, Enniskerry Road, Stepaside, 18, acquired under Part V of the Planning & Development Acts Dublin 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2002 the Council have acquired 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 have been offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

Due to reduced interest from affordable housing applicants, 114 unsold units in various developments throughout the County have been placed for sale on the open market with priority of offer being given to affordable housing applicants and first time buyers. It is now proposed to dispose of one x 1-bed unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18, which is being sold on the open market to the purchaser named on the attached Schedule. These properties have been available for sale to affordable housing applicants since December 2008. The price obtained is higher than the affordable sale price and is the best possible price achievable in the current climate. A drawing showing the location of the unit will be available at the meeting.

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

“The Council agree that the disposal of one x 1-bed unit at The Belfry, Enniskerry Road, be carried out in accordance with the terms specified in the foregoing report”.

39 27th August 2010 ______Charles Mac Namara, Director of Housing”

It was proposed by Councillor T. Joyce, seconded by Councillor N. Richmond and RESOLVED:

“The Council agree that the disposal of one x 1-bed unit at The Belfry, Enniskerry Road, be carried out in accordance with the terms specified in the foregoing report.”

C/566/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at Belarmine Plaza, Enniskerry Road, Stepaside Dublin 18

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 DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at Belarmine Plaza, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts 2000-2008, the Council acquired 38 apartments at Belarmine Plaza, Enniskerry Road, Stepaside, Dublin 18 consisting of 17 x one-bedroom, 19 x two-bedroom and 2 x three-bedroom units from Castlethorn Construction Ltd. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme.

The Council previously approved the disposal of nineteen of these properties to eligible affordable applicants and it is now proposed to dispose of one further unit.

It is now proposed to dispose of one further unit 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 will be available at the meeting.

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

“The Council agree that the disposal of one affordable apartment at Belarmine Plaza, Enniskerry Road, Stepaside, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

40 29th July 2010 ______Charles Mac Namara, Director of Housing”

It was proposed by Councillor M. Bailey, seconded by Councillor P. Hand and RESOLVED:

“The Council agree that the disposal of one affordable apartment at Belarmine Plaza, Enniskerry Road, Stepaside, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/567/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Unit at The Croft, Parc Na Sille, Loughlinstown, Co. Dublin

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 DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing unit at The Croft, Parc Na Silla, Loughlinstown, Co Dublin, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts, 2000 – 2002, the Council entered into an agreement with Woodbridge Developments who agreed to provide 4 units for affordable housing at The Croft, Parc Na Silla, Loughlinstown, Co. Dublin. The developer sold 3 of these units, by way of direct sale, to affordable housing nominees of the Council. The remaining unit has now been acquired by the Council and has been offered for sale to a nominated applicant from the Council’s Affordable Housing List. It is now proposed to dispose of this unit to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the property will be available at the meeting.

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

“That the Council agree that the disposal of the above mentioned affordable unit be carried out in accordance with the terms specified in the foregoing report.”

26th August 2010 ______Charles Mac Namara,

41 Director of Housing”

It was proposed by Councillor C. Smyth seconded by Councillor D. Marren and RESOLVED:

“That the Council agree that the disposal of the above mentioned affordable unit be carried out in accordance with the terms specified in the foregoing report.”

C/568/10 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Unit at Beacon South Quarter, Sandyford, Dublin 18

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 DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing unit at Beacon South Quarter Sandyford, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Acts, 2000 – 2008, the Council entered into an agreement with Landmark Developments Ltd. which agreed to provide 70 units for affordable housing at Beacon South Quarter, Sandyford, Dublin 18. The developer sold 65 of these units, by way of direct sale, to affordable housing nominees of the Council. The remaining units are being offered for sale to nominated applicants from the Council’s Affordable Housing List.

Two of these units have been disposed of under the terms of the Affordable Housing Scheme. It is now proposed to dispose of one further unit under the scheme to an affordable applicant who has qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

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

“That the Council agree that the disposal of the above mentioned affordable unit be carried out in accordance with the terms specified in the foregoing report”.

30th July 2010 ______Charles Mac Namara, Director of Housing”

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

42 “That the Council agree that the disposal of the above mentioned affordable unit be carried out in accordance with the terms specified in the foregoing report.”

C/569/10 Proposed Disposal of Properties

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

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

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

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

LOCAL GOVERNMENT ACT 2001 – SECTION 183 LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978

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

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

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

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

NAME DWELLING ANNUAL GROUND RENT £ € Name withheld Address supplied 0.05 0.06 Name withheld Address supplied 25.00 31.74 Name withheld Address supplied 5.00 6.35

As the proposed disposal is subject to the provisions of Section 183 of the Local Government Act 2001 the following resolution is required.

“The Council agree that the disposal of the Fee Simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report”

DATE: SIGNED: Charles McNamara Director of Housing”

43 It was proposed by Councillor D. O’Callaghan, seconded by Councillor J. Dillon Byrne and RESOLVED:

“The Council agree that the disposal of the Fee Simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/570/10 Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interests Pursuant to the Landlord and Tenant (Ground Rents)

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 DÚN LAOGHAIRE-RATHDOWN 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 lessees of the dwelling set out on the schedule hereunder.

The purchase price, calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment will be twenty times the annual ground rent totalling €127.00 less credit - €69.84 and an administration fee of + €25.39.

The site in question is shown outlined on the attached Drawings Number PL-10-360 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 € € Name withheld Address supplied €6.35 €82.55 PL-10-360

It is proposed that the Fee Simple Interest in the property 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 be affixed to any necessary legal documents involved.

Owen P. Keegan, County Manager.

44 Dated this day of 2010”

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Bailey 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/571/10 Suspension of Standing Orders

It was AGREED to deal with the following request for the suspension of standing orders when Cathaoirleach’s Business was reached on the agenda:

It was proposed by Councillor B. Ward, seconded by Councillor J. Bailey, M. Bailey, T. Joyce, P. Hand, D. Marren, M. Mitchell O’Connor, J. O’Dea, N. Richmond, B. Saul, G. O’Keeffe and M. Baker:

“That this Council suspend standing orders to discuss the following motion:

That the Manager give the Council a full account of its current and future obligations in respect of the proposed waste-to-energy incinerator to be located at Poolbeg, give details of current and future liabilities that the Council, and therefore the taxpayer and ratepayer, might incur, clarify what options the Council has to reduce its liability and/or to exit the contract with Covanta and the other Dublin local authorities, and explain why this information has not been given to the Council already.”

C/572/10 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001-2009, Planning and Development Acts, 2000- 2009 and Section 138 of the Local Government Act, 2001

PC/03/10 Proposed Development: Construction of a New swimming pool and changing facilities, 4 synthetic playing pitches, increased car parking and ancillary site works at Loughlinstown Leisure Centre, Loughlinstown County Dublin

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

“PC/03/10

In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009, the Council gave notice of the proposed development in the Irish Times on Wednesday 2 June 2010. Plans and particulars of the proposed development were available for inspection from Wednesday 2nd June 2010 up to and including Wednesday 14th July 2010 at the Planning Department, County Hall, Marine Road, Dún Laoghaire between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Wednesday 28th July 2010.

45 NATURE AND DESCRIPTION OF THE PROPOSED DEVELOPMENT:

The subject site (1.6 hectares in extent) is within the boundary of the existing Loughlinstown Leisure Centre. The site is located within a predominantly residential area just off the N11 road junction with Wyattville Road. Access to the M50 Motorway is located 1.4 kilometres (km) from the site.

The site is bounded by Loughlintown House, a research enterprise, to the west; a low rise residential area (Loughlinstown Park), to the east; and mature woodlands sloping down to the N11, to the south. A small neighbourhood centre consisting of shops, apartments and a bus terminus is located to the north of the site.

The proposed development includes:  A 25m long community swimming pool (including changing areas) with spectator seating for 80 people (including accessible spaces);  A common entrance foyer serving the new pool and the existing building & a party room to cater for approximately 30 children;  Manager’s office, meeting room, staff work space, the replacement of the existing outdoor changing facilities, stores, WCs, and plant associated with the afore-mentioned;  Four 5-a-side football pitches (existing pitch area to be re-configured to allow for new buildings), and  Increased parking to cater for the above. 114 car parking spaces are provided (including five disabled access spaces), 60 bicycle spaces, 2 bus parking spaces and one bus set down area. The disabled and bicycle parking spaces have been located close to the building’s main entrance.

The footprint of the new and existing buildings is 4,413 m2. The gross internal floor area of the new buildings is 1,869m2 (including areas being re-modelled within the existing structure), with the overall height being approximately 6.2m. The footprint of the rectangular pool building measures 71m x 20m and it has a south-facing mono-pitch roof.

The proposal includes constructing a gently sloping ramp from the public site entrance to the building entrance. This new slope (1:50 gradient) will eliminate the current ramp and stepped arrangement.

The building is generally clad in durable dark (black/dark blue) brick. The entrance facades and changing access corridor are glazed to allow for natural lighting and to facilitate views. The southern elevation between grid lines 5 and 10 (Dwg. No. 2178_pa_07) is clad using trespa cladding system to reflect the difference in function (pool area) of this area. The roof consists of an insulated metal deck with soffit. The internal walls are painted or tiled.

Sustainability will be achieved through the use of building fabric insulation as stipulated, a goal to achieve minimal air leakage, ventilation and heating strategies and other building management systems. The provision of secure cycle spaces and the location of the nearby bus service will encourage the use of more sustainable modes of transport.

ZONING AND POLICY: The site of the proposed development is zoned ‘Objective A’ in the Dún Laoghaire- Rathdown County Development Plan, 2010-2016, with the zoning objective: ‘To protect and/or improve residential amenity’.

It is considered that the proposed development falls into the category of Sports Facility and said is ‘Open for Consideration’ within the zoning objective ‘A’. Uses open for consideration may be permitted where proposed development is compatible with the

46 overall policies and objectives for the zone and would not have undesirable effects. Section 10.2.9 Policy OSR9 in the 2010 County Development Plan states that it is Council policy to promote the provision and management of high quality sporting and recreational infrastructure throughout the County and to ensure that the particular needs of different groups are incorporated into the planning and design of new facilities.

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

The proposed development pertains to the improvement of sports facilities at the existing Loughlinstown Leisure Centre, which serves the surrounding residential communities. The proposed development thus accords with the above-mentioned zoning and policy objectives.

The development as proposed is considered to be in accordance with the County Development Plan 2010-2016 and with the proper planning and sustainable development of the area.

DEPARTMENTAL REPORTS:

Water and Waste Services Department: In a report received on 10 May 2010, the Drainage Design Section, Water and Water Services, raised no objection in principle to the proposal. Specifically, the Water Section had no objections to the scheme, while Drainage Operations raised three points. These included: the preferred option for backwash, the decommissioning of the existing storm-water line, and the decision that the detail of the SuDS element for the new building be agreed and the design completed prior to tendering. The first two items were resolved, while the third item can be dealt with by way of condition.

Transportation Department: In a report dated 6 May 2010, the Transportation Department concluded that they were satisfied with the proposed development from a transportation point of view.

LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS:

In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001- 2009, the Council gave notice of the proposed development in the Irish Times on Wednesday 2 June 2010 and indicated that submissions would be accepted up to and including Wednesday 28 July 2010. One submission was received in relation to this proposal, namely:

1. Artelier Designs, 2 Ridgeway Villas, Kilmainham Lane, Dublin 8, on behalf of Templeville Developments Ltd.

SUMMARY OF ISSUES RAISED IN THE SUBMISSIONS / OBSERVATIONS:

Three main issues have been raised and are summarised below, namely,

1. Car parking: It is observed that a reduced number of car parking spaces are being provided contrary to the public notice which indicates increased car parking facilities. An inadequate number of car parking spaces are to be provided. 2. Expenditure: The cost of this project in the current climate and given recent Government budget cuts is of concern. Further, previous large-scale recreational schemes have yielded poor results in the national interest in terms of construction, cost control and manageability. 3. Unfair competition: It is unfair to use tax payers and rate payer’s money to fund unfair competition against the private sector.

47 MANAGER’S RESPONSE TO SUBMISSIONS / OBSERVATIONS RECEIVED:

Issue Response No. 1 Car Parking The existing car parking arrangements at Loughlinstown Sports Centre are not fully defined by delineated markings. As a consequence parking is somewhat haphazard and inefficient in the use of space. The total number of existing spaces would depend on the manner of car alignment and is not possible to calculate with accuracy. The proposed scheme will provide defined car parking for the following: 114 car spaces (2.5m x 5m); 5 disabled car spaces (3.6m x 6m); 2 bus parking spaces; 1 bus drop off bay; 6m wide carriageways; and 60 covered cycling bays. The proposed parking facilities have been deemed satisfactory by the Transportation Department, and are in accordance with the County Development Plan, 2010-2016. 2 Expenditure It is the policy of Dun Laoghaire-Rathdown County Council (DLRCC) to provide quality, affordable leisure, sport, recreational, community and cultural facilities for the citizens of Dún Laoghaire- Rathdown. It is not considered that the County has excessive provision of sports and leisure facilities. For example, the Irish Leisure and Amenity Management Study into swimming provisions in the County undertaken on behalf of DLRCC recommended nine full service swimming pools for the County. At present DLRCC have three, with two planned - one at Ballyogan and this one at Loughlinstown. Staffing for the new pool will be provided by DLR Leisure Services, which is not subject to the current embargo on public sector recruitment. It is intended that the costs of running the new pool, including staffing costs, will come from income generated by the Sports Centre. This scheme will provide improved sporting facilities at an existing location that is accessible to the community/ies being served. 3 Unfair It is the policy of DLRCC to provide quality, affordable leisure, competition sport, recreational, community and cultural facilities for the citizens of Dún Laoghaire-Rathdown. This scheme will provide improved sporting facilities at an existing location that is accessible to the community/ies being served. The proposed pool will focus on serving community groups by providing:  facilities for all the local community primary schools, enabling them to teach their children to swim,  the most up to date facilities, thereby enabling the disabled to use the pool,  affordable swimming for the general community on a pay-as you-go basis. It is intended that the costs of running the new pool, including staffing costs, will come from income generated by the Sports Centre.

RECOMMENDATION:

Having regard to the provisions of the County Development Plan 2010-2016 the proposed development is considered to be in accordance with the proper planning and

48 sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the development as proposed, in accordance with the drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development, subject to the following condition:

1. That the detail of the Sustainable Drainage Systems (SuDS) element for the new building shall be agreed with the Water and Waste Services Department and the design completed, prior to the commencement of tendering.

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

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

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the construction of the new swimming pool and changing facilities, 4 synthetic playing pitches, increased car parking and ancillary site works at Loughlinstown Leisure Centre, Loughlinstown, Co. Dublin in accordance with the drawings which were on display and subject to the above condition and any such minor and immaterial alterations to the plans and particulars of the development.””

A discussion took place, during which Mr. T. Mowlds, Chief Executive Officer, DLR Leisure Services responded to Members queries.

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

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the construction of the new swimming pool and changing facilities, 4 synthetic playing pitches, increased car parking and ancillary site works at Loughlinstown Leisure Centre, Loughlinstown, Co. Dublin in accordance with the drawings which were on display and subject to the above condition and any such minor and immaterial alterations to the plans and particulars of the development.”

C/573/10 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001-2009, Planning and Development Acts, 2000- 2009 and Section 138 of the Local Government Act, 2001.

PC/05/2010 M11/N11 Traffic Management Measures – Wilford Interchange Improvement Scheme

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

“PC/05/10

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, the Council gave notice of the proposed development in the Irish Times on Friday 11 June 2010. Plans and particulars of the proposed development were available for inspection from Friday 11 June 2010 up to and including Friday 23 July 2010 at the Planning Department, County Hall, Marine Road, Dún Laoghaire, between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum, between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank

49 Holidays. A public information evening was held on the 7th and 8th July 2010 at St Ann’s National School, Stonebridge Road, Shankill, from 4.00pm to 8.00pm. Submissions and observations with regard to the proposed development could be made up to and including Friday 6th August 2010.

BACKGROUND AND CONTEXT:

Significant delay is often experienced during the PM peak period on the Southbound carriageway of the M50/M11/N11 corridor between the M50/M11 merge and the Killarney Road/Kilcroney Interchange, and sometimes as far as Kilmacanogue, to the south of Bray. Congestion, delay and disruption to flow are experienced on the M11/N11 corridor on a regular basis.

In 2009/2010, on behalf of the National Road Authority (NRA), the Roughan & O’Donovan – AECOM Alliance (Consultant Engineers) undertook an analysis of traffic flows on the M11/N11 from the M50/M11 merge to the Killarney Road Interchange (M11/N11 Merging Study Report – part of Part 8 report, June 2010). This analysis included a micro-simulation computer model of the M11-N11, which identified the causes of the severe congestion on the M11/N11 southbound carriageway in the pm peak hours (16h30 – 18h30).

The analysis identified four separate locations on the M11/N11 where improvement works could take place to reduce the congestion and “shockwave”1 effects, which are occurring on a daily basis, Monday to Friday.

The objectives of these improvements (for the Southbound carriageway of the M11/N11) are to:  Improve merging conditions on the M11/N11 corridor during the PM peak period,  Manage merging when there is sudden traffic flow disruption through the merge area,  Reduce congestion and delays on the M11/N11 corridor during the PM peak period, and  Provide improved road safety on the M11/N11 corridor during the PM peak period.

The four overall proposed measures consist of the following:

1. Installation of a set of traffic signals with associated traffic loops at the Wilford Interchange southbound on-ramp merging lane, which requires alterations to road markings and cutting back vegetation to maintain safe sightlines for forward visibility, together with an extended and widened merging lane. 2. Installation of a set of traffic signals with associated traffic loops at the Fassaroe Interchange southbound on-ramp merging lane, together with an extended and widened merge lane. 3. Replacement of the existing roundabout at the end of the N11 southbound exit ramp at Killarney Road Interchange (Hills Garage) with a higher capacity traffic signalled junction with a 4-leg crossroads. The scheme will include improved facilities for pedestrians at this new junction. 4. Installation of traffic signals at the western Kilcroney Lane Roundabout at the Killarney Road Interchange to balance the traffic flows for the northbound off-ramp and the traffic coming across the N11 Bridge towards the Kilcroney Lane roundabout from the new Killarney Road junction

1 A “shockwave” effect occurs when traffic on one or both lanes of a motorway carriageway sometimes come to a complete standstill, or traffic speed becomes very slow, on the approaches to an interchange or sometimes at the merging area at an on-ramp onto the motorway.

50 It is considered that these four measures will improve traffic flows on the M11/N11 during PM peak hours. The NRA will fund the complete costs of these works.

The proposed improvements at the Wilford Interchange are covered by this subject Part 8, while the proposed improvements at the Fassaroe and Killarney Road interchanges are covered by a separate Part 8 process administered by Wicklow County Council.

NATURE AND DESCRIPTION OF THE SUBJECT PART 8 PROPOSED DEVELOPMENT:

The proposed measures for the Wilford Interchange consist of the:

 Provision of traffic signals close to the nose (start) of the merging lane. These signals, when in operation, will control the traffic entering the M11 southbound carriageway when traffic on the southbound carriageway slows down suddenly or stops due to flow disruption. At normal motorway flows the traffic signals will switch off;  Extension and widening of the acceleration lane on the M11 southbound on-ramp merging lane, from a 184 metre direct taper to a 230 metre parallel lane with a 75 metre taper;  Localised removal of overgrown verge hedges and vegetation to provide for adequate forward visibility to the new traffic signals;  Provision of detectors on the M11 southbound carriageway to measure traffic speed and flow in order that sudden flow disruption on the southbound carriageway can be detected;  Reduction in speed limit on the southbound on-ramp up to the new traffic signals.  The new traffic signals will give an automatic green light to the on-ramp traffic if the queue of traffic on the on-ramp extends to a preset distance back from the signals. This will prevent Wilford Roundabout from any further congestion as a result of traffic backing up from the southbound on-ramp;  CCTV will be installed to allow the Council to monitor traffic flow at the Wilford Interchange.

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

Environmental Impacts The environmental section of the Part 8 Report, which formed part of the documents available for inspection as part of the public consultation process, was compiled in compliance with Part 120(4) of S.I No. 600 of the Planning and Development Regulations, 2001, with reference to Schedule 6: Information to be contained in an Environmental Impact Statement, and Schedule 7: Criteria for determining whether a development would or would not be likely to have significant effects on the environment.

Article 120(2) of the Planning and Development Regulations, 2001 (S.I. No. 600 of 2001) requires the determination (in this case, by the NRA) of whether the proposed sub-threshold development would or would not be likely to have significant effects on the five different types of protected sites, areas or land, none of which have been identified within the catchment area. As such, the proposed works on or in any said site, area or land within the catchment area will not have significant effects on the environment of said site, area or land.

A desktop investigation and scoping study was carried out for the M11 Wilford Interchange Improvements Scheme and involved an examination of environmental aspects with respect to potential significant impacts. The environmental aspects considered were: Noise Impact; Air Quality and Climate; Flora and Fauna; Hydrology &

51 Hydrogeology; Landscape and Visual Impact; Archaeology; Architecture and Cultural Heritage; and Human Beings.

In summary, it was concluded that the proposed works would generally result in positive impacts for the local environment, while any minor negative impacts arising in terms of noise will not be appreciable or long-term. The construction phase of the scheme will be relatively short in duration (less than six months). Mitigation measures will be put in place to minimise any disruption to traffic or nuisance to adjacent residential areas.

Implications The improvement proposals are short-term measures to expand the life (capacity) of the existing M11/N11 by reducing the weekday evening peak hours congestion on the southbound carriageway of the M11/N11. The assessment of the impacts of the proposed development concludes that the proposed works will generally result in positive impacts for the local environment. Mitigation measures will be effected to minimise any disruption to traffic or nuisance to adjacent residential areas during the construction phase.

Section 12.2.5 Policy T19: National Routes, in the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, states that ‘It is Council policy to promote, facilitate and co-operate with relevant transport bodies, authorities and agencies to secure improvements to the County’s national road networks to provide, protect and maintain for the safe and efficient movement of people and goods both within and through Dún Laoghaire-Rathdown’.

As such, the development as proposed is considered to be in accordance with the 2010 County Development Plan and with the proper planning and sustainable development of the area.

DEPARTMENTAL REPORTS RECEIVED:

Water and Waste Services Department: In correspondence dated 8 June 2010, the Drainage Design Section, Water and Waste Services, raised no objection to the scheme. It was advised that the Area Water/Drainage Engineer be consulted prior to any work commencing on site. Further, final design details of the surface water drainage arrangements are to be agreed prior to proceeding to Tender. This can be dealt with by way of condition.

Environment, Culture & Community Department: In a correspondence dated 19 May 2010, said Department noted no objection to this proposal.

STATUTORY BODIES:

National Road Authority (NRA): In correspondence dated 30 July 2010 (received 3 August 2010), the NRA advised that they will rely on the Planning Authority to abide by the official national policy in relation to development on/affecting national roads, as outlined in the Authority’s Policy Statement on Development and Access to National Roads (May 2006).

No reports have been received to date from the Department of Transport, Department of the Environment, Heritage and Local Government, An Taisce, National Transportation Authority, Wicklow County Council and Dublin Bus.

PUBLIC INFORMATION EVENING:

A public information evening, where the proposals were on display was held on Wednesday 7 July and Thursday 8 July 2010 at St Ann’s National School, Stonebridge

52 Road, Shankill. Representatives of the Council, and of the Consultant Engineers were in attendance to answer queries with respect to the proposed scheme. A total of 21 people attended these information sessions.

LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS:

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, the Council gave notice of the proposed development in the Irish Times on Friday 11 June 2010 and indicated that submissions would be accepted up to and including Friday 6 August 2010. Site notices (in the prescribed format) were also erected on 11 June 2010 and were monitored on a weekly basis and maintained in place for the prescribed period.

One submission was received in relation to this proposal, namely details withheld

SUMMARY OF ISSUES RAISED IN THE SUBMISSION:

The main issue raised in this submission is the concern regarding additional noise pollution caused by the addition of the new parallel lane and the removal of the existing vegetation. This existing vegetation provides a natural barrier for reducing noise from the motorway. Its removal in the absence of the addition of ‘discrete’ manmade barrier will have a negative impact in terms of noise.

The submission does however express support in principle for the project acknowledging that improvements do need to be made to facilitate people travelling south of the Wilford Interchange.

MANAGER’S RESPONSE TO SUBMISSION ISSUE:

At the location on the Motorway, behind no. 27 Connawood Grove, Old Conna Estate, Bray, the carriageway widening for the auxiliary lane is in a cutting of some 7.5 metres deep, and the dominant source of noise is the M11 mainline, which is unaffected by the proposed works. The distance between the house, no 27 Connawood Grove, to the outside edge of the new parallel lane is approximately 46 metres. Most of the trees and other vegetation on the embankment will be unaffected by this proposal. Thus, there will be no appreciable change in the noise levels at this location. Also, the vegetation clearance here for the widening is the same as would be required under routine maintenance (i.e. clearance of verge only, not embankment).

As stated in the Part 8 report it is not considered that the proposals will give rise to any appreciable negative impact in respect of noise.

RECOMMENDATION:

The proposed development is considered to be in accordance with the provisions of the 2010 Dún Laoghaire-Rathdown County Development Plan and with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development in accordance with the drawings, which were on display and to any such minor and immaterial alterations to the plans and particulars of the development, subject to the following condition/s ;

1. That final design detail of the surface water drainage arrangements shall be agreed with the Water and Waste Services Department, prior to the commencement of the tendering process

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

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

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the M11/N11 Traffic Management Measures – Wilford Interchange Improvement Scheme in accordance with the drawings which were on display and subject to the above condition and any such minor and immaterial alterations to the plans and particulars of the development.””

It was proposed by Councillor J. Bailey, seconded by Councillor R. Boyd Barrett and RESOLVED:

“That the foregoing report of the Manager is APPROVED and it is AGREED to proceed with the M11/N11 Traffic Management Measures – Wilford Interchange Improvement Scheme in accordance with the drawings which were on display and subject to the above condition and any such minor and immaterial alterations to the plans and particulars of the development.”

C/574/10 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001-2009, Planning and Development Acts, 2000- 2009 and Section 138 of the Local Government Act, 2001.

PC//06/10 Proposed Development: Proposed New Metals Walkway Phase 2: including a deck over the DART Rail Line, between Pavilion Car Park and Haigh Terrace, Dún Laoghaire, Co. Dublin together with ancillary works

“PC/06/10

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, the Council gave notice of the proposed development in the Irish Times on Friday 25th June 2010. Plans and particulars of the proposed development were available for inspection from Friday 25th June 2010 up to and including Friday 6th August 2010 at the Planning Department, County Hall, Marine Road, Dún Laoghaire, between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum, between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Friday 20th August 2010.

NATURE AND DESCRIPTION OF THE PROPOSED DEVELOPMENT:

Phase 1 of the New Metals Walkway (PC/12/08), including a deck over the DART rail line, adjacent to Queen’s Road between Marine Road and the entrance to the Pavilion Car Park and upgrading of Marine Road, Crofton Road and Queen’s Road, was approved by the Council on 9th February 2009, subject to three conditions.

Phase 2 now proposes extending the covering over of the railway from the Pavilion Car Park to Haigh Terrace. Located within a candidate Architectural Conservation Area (cACA), the completed project will create a new public space for Dún Laoghaire.

The Metals Walkway:

54 Historically Dún Laoghaire Town Centre has been severed from its seafront by the cutting of the Dart Line particularly between Park Road and the junction of Marine Road and Crofton Road. This cutting impedes natural pedestrian movement to and from the town centre by limiting pedestrian crossing points to the railway bridges and through the lack of footpaths along the town ward side of Queen’s Road.

Working in association with Irish Rail the proposed design will redress this disconnection by creating a new walkway over the cutting along Queen’s Road. This will define the Metals as a place for pedestrians and cyclists and will complement the new café terraces and play space of Phase 1. A new footpath along Queen’s Road together with additional crossing points will knit this scheme into the surrounding area. It is also proposed as part of this scheme to rationalise the entrance to the Pavilion development creating a pedestrian priority area and a new controlled crossing at Queen’s Road. This will further enhance pedestrian permeability to the Metals and will provide an ideal point to create a pedestrian link with the Carlisle Pier.

Similar to Phase 1, the design consciously moves away from a hard landscaped solution proposing a softer more landscaped approach complete with new trees planting and lighting similar to those of Phase 1. This will create a unified image for the area, and create a park ambience that reinforces the Metals as a place to enjoy different experiences – to play, to sit and relax, or to enjoy coffee and food.

Materials:

The materials proposed for this design will be chosen from a palette of stone paving and cobbles together with concrete and gravel. This will create a visual unity for the area. A range of semi-mature trees and planting will complement these materials. Lighting will be a mixture of modern and reproduction styles, while bollards will generally continue the style of stone bollard found along the Queen’s Road. Enhanced facilities for cyclists are planned with additional racks located throughout the scheme.

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

Habitats Directive Screening Report, May 2010 The Council’s Biodiversity Officer was tasked to review the proposal for constructing a covering over the railway line from the Pavilion Car Park to Haigh Terrace, Dún Laoghaire, and to prepare a Habitat’s Directive Screening Report for the plan. The purpose of this Screening Report is to determine whether extending the covering of the railway line is likely to have a significant effect on any Natura 2000 sites within the potential impact zone of the proposed development.

A copy of the final Habitats Directive Screening Report, May 2010, was included with the documentation on display during the prescribed public participation period.

In conclusion, no adverse impacts on Natura 2000 sites were identified as a result of the proposed Metals Walkway (Phase 2). Three sites (South Dublin Bay SAC, South Dublin Bay and River Tolka Estuary SPA, and Dalkey Islands SPA) are located within a five (5) kilometre (km) radius of the proposed Walkway. There are no physical/hydrological links between the proposed development site and the Natura 2000 sites that could result in damage or deterioration to these sites.

No indirect effects, such as disturbance to important bird populations, is anticipated as the extent of construction works are very localised and are taking place in Dún Laoghaire town in an area which is of very little importance to waders, wildfowl or terns due to the presence of hard landscape surfaces and relatively heavy DART, vehicle and pedestrian traffic.

55 Implications

The site of the proposed development, consisting of works to the Metals Walkway fronting onto Queen’s Road from the Pavilion Car Park to Haigh Terrace is mainly zoned ‘MTC’ in the Dún Laoghaire-Rathdown County Development Plan, 2010-2016, with the zoning objective, ‘To protect, provide for and/or improve major town centre facilities’.

The site falls within a candidate Architectural Conservation Area described as ‘The Metals’ (Appendix C, Schedule 4, of 2010 CDP, Map 3). Given the narrow linear nature of the proposed Metals cACA, the spatial extent of the cACA (stretching from Marine Road, Dún Laoghaire, to Barnhill Road, Dalkey) is denoted by the relevant public right- of-way icons on Maps 3, 4 and 7. The site also falls within the area identified in the 2010 CDP for the proposed Dún Laoghaire Local Area Plan (LAP).

There are a number of structures listed for protection in the 2010 County Development Plan in the immediate vicinity of the site. These include the Bollards and Chains along Queen’s Road, the Statue of Christ the King and Moran Park House both fronting Queen’s Road, the Wrought Iron Gates to the Royal Marine Hotel, and the Old Coastguard Station on Harbour Road. There are further Protected Structures in the broader vicinity.

It is considered that the proposed development, as described above, falls into the category of Community facilities, which are Permitted in Principle within the ‘Objective MTC’ zoning. Further, it also facilitates and accords with the Council’s policy regarding Public Rights of Way (Section 9.4.6. Policy LHB22 in the 2010 CDP).

The development as proposed, is considered to be in accordance with the 2010 County Development Plan, and with the proper planning and sustainable development of the area.

INTER DEPARTMENTAL REPORTS RECEIVED:

Parks and Landscape Services, Environment, Culture & Community Department : In correspondence dated 25 June 2010, Parks and Landscape Services noted no objection to this proposal. It was recommended that adequate detailing with regard to soil structure/depth, irrigation and drainage is included in tender documentation. This can be dealt with by way of condition.

Transportation Department : In correspondence dated 11 June 2010, this Department noted no objection to the proposed development.

Water and Waste Services Department : In correspondence dated 8 June 2010, Water and Water Services, raised no objection to the scheme. It was advised that the Area Water/Drainage Engineer be consulted prior to any work commencing on site. Further, all manholes are to be left clear of planter boxes, ramps, etc. Manholes may require relocation as part of the works where any conflicts occur. Manhole covers are to be raised, where required, to the Area Engineer’s requirements.

Housing Department : In correspondence dated 2 March 2010, this Department noted no objection to the proposed development.

STATUTORY BODIES:

No report has been received to date from An Taisce.

56 LIST OF PERSONS / BODIES WHO MADE SUBMISSIONS:

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2009, the Council gave notice of the proposed development in the Irish Times on Friday 25th June 2010 and indicated that submissions would be accepted up to and including Friday 20th August 2010. Site notices (in the prescribed format) were also erected and maintained in place for the prescribed period.

One submission was received in relation to this proposal, namely details withheld

SUMMARY OF ISSUES RAISED IN THE SUBMISSION:

The submission expresses support for the proposed development commending the Council for capitalising on and extending the landscaping scheme of ‘Phase 1, The Metals. The potential for linking with the proposed new County Library will provide an attractive seafront promenade for locals and visitors. Phases 1 and 2 should be designed and implemented as an entity for maximum effect.

The potential for linking over or across Queens Road to the harbour (possibly in future, the Carlisle Pier) should be considered and provided for in order to meet the CDP objective of securing the full integration of the town centre and the harbour.

MANAGER’S RESPONSE TO SUBMISSION ISSUE:

Noted. Proposed development as part of Phase 2 is intended to further enhance pedestrian permeability both to the Metals and to the new proposed Central Library in Moran Park. It will also provide an ideal point to create a pedestrian link with the Carlisle Pier.

RECOMMENDATION:

The proposed development is considered to be in accordance with the provisions of the 2010 Dún Laoghaire-Rathdown County Development Plan and with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development in accordance with the drawings, which were on display and to any such minor and immaterial alterations to the plans and particulars of the development, subject to the following condition/s:

1. With reference to proposed landscaping, adequate detailing with regard to soil structure/depth, irrigation and drainage shall be included in the tender documentation. 2. The Area Water/Drainage Engineer shall be consulted prior to the commencement of any work on-site. 3. All manholes shall be left clear of planter boxes, ramps, etc. Manholes may require relocation as part of the works where any conflicts occur. 4. Manhole covers shall be raised, where required, to the Area Engineer’s requirements. 5. The existing saw toothed Ross & Walpole railings along the cutting will be, where possible, carefully removed and stored to enable their re-use.

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

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

57 “The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the development of the New Metals Walkway Phase 2: Including a deck over the DART Rail Line between the Pavilion Car Park and Haigh Terrace, Dún Laoghaire, Co. Dublin together with ancillary works, in accordance with the drawings which were on display and subject to the above conditions and any such minor and immaterial alterations to the plans and particulars of the development.””

A discussion took place, during which Mr. B. Hannan, Senior Architect responded to Members queries.

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

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the development of the New Metals Walkway Phase 2: Including a deck over the DART Rail Line between the Pavilion Car Park and Haigh Terrace, Dún Laoghaire, Co. Dublin together with ancillary works, in accordance with the drawings which were on display and subject to the above conditions and any such minor and immaterial alterations to the plans and particulars of the development.”

C/575/10 Appointment of a Director to the Board of Dublin Regional Tourism Authority

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

“Under the Articles of Association of Dublin Regional Tourism Authority (DRTA) the three Local Authorities, Dún Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council, are entitled to a appoint one Director nominated by agreement between them to the Board of the DRTA.

Under the terms of office of the Directors, a lot was conducted in June 2007 that determined that the Director nominated by agreement between the three Local Authorities shall serve for a period of three years. South Dublin County Council nominated a director to the Board of DRTA for the initial term which ends in June 2010. Dún Laoghaire-Rathdown have now been requested to nominate a member for appointment as Director for the next three years.

One nomination is now sought.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Councillor G. O’Keeffe be appointed as a Director to the Board of Dublin Regional Tourism Authority.”

C/576/10 Community Grants

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

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

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

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

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

The Senior Community Officer recommends the following grants:-

1 CENTRE MANAGEMENT & DEVELOPMENT GRANTS

1.3 Upgrading Community Facilities

Ref: Group Project Amount CM172 Dalkey Community Preschool Playgroup Insulation of building €3,500

2 EQUIPMENT GRANTS Purchase of Equipment- Major Grant aid is available for the purchase of occasional large equipment

Ref: Group Project Amount CM164 41st Dublin Scouts (St. Patrick’s Purchase of tents & boats €3,000 Dalkey)

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

Ref: Group Project Amount Central Dun Laoghaire Senior Purchase of knitting equipment €760 Citizens CM388 Belarmine Purchase of office equipment €800 CM214 Meadowbrook Residents Ass. Purchase of hanging baskets €576 CM465 Ballinteer Active Retirement Ass. Purchase of public announcement €760 System

3 ACTIVITY GRANTS

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

Ref Group Project Amount CM Tullow Parish (Church of Ireland) Community activities €600 CM293 Woodbr ook Glen Residents Community activities €600 Association CM330 Stillorgan Kilmacud Active Community activities €600 Retirement Association

4 COMMUNITY DEVELOPMENT GRANTS

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

Ref Group Project Amount CM764 Community Mediation Works Running Costs €500

59 County Council Meeting 13th September 2010

Arts Grants

The Council operates a small arts grants scheme under the Arts Act 2003. Applications are invited from persons or bodies organising an exhibition or event which in the opinion of the Council would stimulate and promote public interest in the arts. Assistance may be given towards the cost of a venture in the visual or performing arts.

The Senior Community Officer recommends the following grant: Ref Group Project Amount CM344 Kilmacud Musical Performance of Calamity €650 Society Jane CM445 Underground Cinema Irish Film Festival €1,300 Balally Players Performance of Romeo & €1,000 Juliet

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

It was proposed by Councillor V. Boyhan, seconded by Councillor G. Horkan and RESOLVED:

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

C/577/10 Dún Laoghaire-Rathdown Business Support Grants (Round 2)

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

“DLR Business Promotion Grants 2010

Report and Recommendations of the Evaluation Committee

1. Meeting Summary

The Evaluation Committee met on 3rd September 2010 and was chaired by An Cathaoirleach, Cllr Lettie McCarthy, with the following persons appointed by the County Manager present: Richard Shakespeare, Director of Services, Environment, Culture and Community Dept; Michael Johnson, CEO of the DLR County Enterprise Board; John Guckian, Senior Executive Officer, Environment, Culture and Community Dept; and Wessel Badenhorst, Administrative Officer, Economic Development.

The Committee applied the criteria agreed by DLR County Council for the evaluation of applications for Business Support Grants Round 2.

Ten applications were received. The DLR Chamber endorsed all applications where applicable. The total of grant funding recommended for approval in Round 2 = €60,050. Over the two rounds, all Electoral Areas are covered.

2. Evaluation of Applications

60 All applications are subject to compliance with the grant conditions as set out in the Council’s policy document herein attached as Appendix A, including proof of matching funding.

Successful applicants have to submit invoices/receipts by no later than 5th January 2011 for payment from the 2010 DLR Business Promotion Fund.

Blackrock Electoral Area

Application Ref. No.: BSG/01/2010/02

Applicant: Blackrock Business Network in collaboration with IADT Media Cube

Project Description: Festival costs for hosting the animation film competition / festival to be showcased in Blackrock

Amount applied for: €15,000

Assessment: The project received the full amount available for an individual grant application in Round 1. The Festival costs will be incurred after the deadline for payment of grants, hence further funding as per this application is only possible if Council approves a continuation of the Fund for 2011.

Recommendation: Decline grant application

Glencullen Electoral Area

Application Ref. No.: BSG/16/2010/02

Applicant: Dublin Mountains Area Network (DMAN), covering Glencullen, Pine Valley, Stepaside, Kiltiernan and Barnacullia.

Project Description: Development of a range of marketing activities to promote tourism in the Dublin Mountains Area including website development, Bus wrap, NAVTEQ satellite navigation application, radio adverts and advert in CARA magazine.

Amount applied for: €15,000

Assessment: The project meets the criteria to promote the business area as described above. The costs that relate specific to the marketing of this network and its related activities are eligible for matched funding. Grant funding cannot be used for the recoupment of resource time given by one of the partners to facilitate the business network.

Recommendation: Approve a grant of €11,000

Ballybrack Electoral Area

Application Ref. No.: BSG/21/2010/02

61 Applicant: Cabinteely Retailers Association and Cabinteely Tidy Towns Committee

Project Description: Irish Music Festival at the Crossroads – Village Ceilí

Amount applied for: €2,500

Assessment: The project meets the criteria to promote the business area of Cabinteely.

Recommendation: Approve a grant of €2,500.

Stillorgan Electoral Area

Application Ref. No.: BSG/18/2010/02

Applicant: The Stillorgan Chamber of Commerce

Project Description: Christmas Event Lighting

Amount applied for: €5,000

Assessment: The project meets the criteria to promote the business area of Stillorgan.

Recommendation: Approve a grant of €5,000

Application Ref. No.: BSG/19/2010/02

Applicant: The Stillorgan Chamber of Commerce

Project Description: Business networking campaigns

Amount applied for: €6,950.00

Assessment: The project meets the criteria to promote the business area of Stillorgan.

Recommendation: Approve a grant of €6,950

Application Ref. No.: BSG/20/2010/02

Applicant: The Stillorgan Chamber of Commerce

Project Description: Marketing of Pre-Winter Festival including wrap-around front cover of local newspaper, local radio ads, and printing of Special Offer booklets

Amount applied for: €5,600

Assessment: The project meets the criteria to promote the business area of Stillorgan.

Recommendation: Approve a grant of €5,600

Stillorgan and Dún Laoghaire Electoral Areas

62 Application Ref. No.: BSG/17/2010/02

Applicant: DLR Jewellery Designers in collaboration with DLRCEB

Project Description: Themed Jewellery design exhibition to be held in the major shopping areas in Dun Laoghaire and Stillorgan.

Amount applied for: €15,000

Assessment: The project meets the criteria of promoting increased footfall in major shopping areas of Stillorgan and Dún Laoghaire.

Recommendation: Approve a grant of €15,000

Dún Laoghaire Electoral Area

Application Ref. No.: BSG/22/2010/02

Applicant: Digital Media Business Group in collaboration with Media Cube, IADT

Project Description: A promotional competition as part of Innovation Media 2010 targeting digital media companies in Ireland to further establish Dun Laoghaire as a cluster area for digital media.

Amount applied for: €11,000

Assessment: The project is based on a highly successful event held as part of Innovation Media 2009. This has become recognised as a key industry event for the digital media sector. The project will build on previous successes. The cost breakdown however includes several costs that are part of the MediaCube’s contribution to Innovation Media 2010. Only those costs that are stated marketing costs were deemed eligible for matched funding.

Recommendation: Approve a grant of €4,000

Application Ref. No.: BSG/02/2010/02

Applicant: Dún Laoghaire Business Association in collaboration with The Maritime Institute of Ireland

Project Description: Marketing of the Maritime Museum including guided tours of local attractions in Dún Laoghaire

Amount applied for: €15,000

Assessment: This application was submitted following a decline of grant in Round 1. No additional information was provided in the application to convince the Committee of any progress made since the last application. The committee is aware of initiatives between the Institute and DLRCEB to develop a business plan that will direct the marketing

63 and operations of the Maritime Museum.

Recommendation: Decline grant application

Application Ref. No.: BSG/08/2010/02

Applicant: Glasthule and Sandycove Traders Association

Project Description: Marketing and event organisation of the Glasthule and Sandycove Christmas Fair

Amount applied for: €15,000

Assessment: The project meets the criteria to promote the business area of Glasthule and Sandycove. The cost breakdown submitted in the application contained items that the committee deemed not eligible for matched funding (e.g. Miscellaneous costs).

Recommendation: Approve a grant of €10,000.

APPENDIX A DLR Business Promotion Grants: 2nd Round 2010

1. Background

Dún Laoghaire Rathdown County Council has established a €300,000 Business Promotion Fund to grant aid recognised business groups in each electoral area of the county (€50,000 per area). Grants of up to a maximum of 50% of proposed expenditure will be payable in respect of promotion and marketing activities aimed at generating and sustaining business.

2. Objectives

The objectives of the DLR Business Promotion Grants are as follows:

● to help generate and sustain business activity, ● to encourage firms in an area to work collectively to promote and sustain business activity in their area and ● to encourage businesses to work with Dún Laoghaire-Rathdown County Council and other public agencies.

3. General Conditions

The following conditions will apply:

a. A total amount of €50,000 will be available to grant aid projects in each electoral area b. A maximum grant of €15,000 will be payable per successful application c. A successful applicant must show that matching funding, equal or greater to the amount of the grant will be provided from the applicant’s own resources d. Grant monies cannot be used for direct employment or towards travel costs. e. An Evaluation Committee appointed by the County Manager and chaired by An Cathaoirleach will assess applications against a set of criteria (Par. 6). The Committee will submit recommendations for payment of grants for the approval of the Council.

64 f. The decision of the Council in respect of every grant application will be final. g. Any recognised business group operating in the county may submit an application(s). h. The applicant must show proof of tax compliance and not be in arrears with payments on rates, waste and/or water charges. i. Grants will not be available to public agencies except where they are proposing to work in partnership with a number of businesses in the county j. The payment of any grant will be subject to satisfying the Council that proposed matching expenditure will be made and that this can be verified in terms of standard accounting practices. k. The matching funds cannot include grants received from Council under any other scheme. l. The project must be capable of being completed or at least substantially completed before 31 December 2010.

4. Endorsement of Dún Laoghaire Rathdown Chamber of Commerce

Every applicant business group must be endorsed by the Dún Laoghaire-Rathdown Chamber of Commerce and must submit a letter from the Chamber with its grant application to this effect. The letter must state that the DLR Chamber is satisfied that the applicant is a recognised business grouping operating in the county.

The Dún Laoghaire-Rathdown Chamber of Commerce may pursue actions and activities to support and develop business groups for the purpose of submitting applications under the Grants Scheme and it may submit applications on its own behalf.

5. Application Process

Applicant groups are required to complete the official application form, which must be signed by the chairperson of the business group. The deadline for receipt of completed application forms is 16.00hrs on Friday, 27 August 2010. It is anticipated that grants will be paid by end of September 2010.

This is a second call for applications, following a successful first round where €124,500 were allocated.

Completed application forms should be submitted to

Wessel Badenhorst HR & CDB Department Dún Laoghaire-Rathdown County Council Marine Road Dún Laoghaire

6. Evaluation Criteria

The Evaluation Committee will assess projects against the following criteria:

 the extent to which the project will contribute to meeting the objectives of the Grant Scheme.

 the input of local businesses into the project, and

 the nature and duration of any benefits (e.g. whether short term or long term, one off or persisting).

65 7. Guidelines re Eligible Projects

The following guidelines give an indication of the type of projects that will be considered under the Grants Scheme:

 Promotional campaigns and events including music, public art and other forms of performance

 Advertising/marketing campaigns including radio, TV, print, street displays designed to increase footfall in retail areas

 On-line communication.

 Small scale civic/public space projects including streetscape improvements, signage, street furniture, public lighting etc. that improve the sense of space in the area

Approved by Council: 5th July 2010.

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

“That the report of the Manager be AGREED.”

C/578/10 Summer Projects

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

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

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

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

The Senior Community Officer recommends the following grants: -

Group No. Weeks CODAN / NON Amount CODAN Blackrock Community Playgroup 3 Non-Codan €1,000 DLYS – Mounttown Youth Project 6 Codan €1,200 Moreen Blackthorn Network 2 Codan €800 Total €3,000

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

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

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

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

C/579/10 Taking in Charge of Residential Developments - Declaration of Roads to be Public Roads: Section 11 of the Roads Act 1993 as amended by Section 180 of the Planning and Development Act 2000

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

“Section 11 of the Roads Act 1993 as amended by Section 180 of the Planning and Development Act 2000

At the Dundrum Area Committee meetings on 24th May and 9th June, 2010, members were notified that the taking in charge process was going to commence for the following four estates:

Churchlands, Sandyford Road, Sandyford Kelston, Stillorgan Road, Dublin 18 Stonemason’s Green, Ballinteer,Dublin 16 Pavilion Gate,Glenamuck Road,Dublin 18

On 1st July 2010 statutory notice was given in the Irish Times of the Council’s proposal to take the above roads in charge, and to declare the roads to be public roads. Maps and schedule were available for inspection for one month.

No objections to the proposed declarations have been received and accordingly it is recommended that the roads within the above mentioned estates should be declared public roads and the estates taken in charge.

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

RESOLUTION: “The foregoing report of the Manager is APPROVED and it is hereby RESOLVED that, in accordance with Section 11 of the Roads Act 1993, the roads in the estates listed hereunder, be taken in charge and that the roads be declared to be public roads. Churchlands, Sandyford Road, Sandyford Kelston, Stillorgan Road, Dublin 18 Stonemason’s Green, Ballinteer,Dublin 16 Pavilion Gate,Glenamuck Road,Dublin 18”

It was proposed by Councillor R. Humphreys, seconded by Councillor G. Horkan and RESOLVED:

67 “The foregoing report of the Manager is APPROVED and it is hereby RESOLVED that, in accordance with Section 11 of the Roads Act 1993, the roads in the estates listed hereunder, be taken in charge and that the roads be declared to be public roads. Churchlands, Sandyford Road, Sandyford Kelston, Stillorgan Road, Dublin 18 Stonemason’s Green, Ballinteer,Dublin 16 Pavilion Gate,Glenamuck Road,Dublin 18”

C/580/10 Cathaoirleach's Business: Councillor L. McCarthy

(a) Coffee Morning in Aid of Hospice An Cathaoirleach, Councillor L. McCarthy informed the Members of a coffee morning that she will be hosting in Marley Park House on Thursday, 16 September 2010 at 10.00am in aid of the first Irish Children’s Hospice which is currently being constructed.

(b) Mountains to the Sea Dún Laoghaire Book Festival An Cathaoirleach, Councillor L. McCarthy congratulated all staff involved in the Mountains to the Sea Dún Laoghaire Book Festival.

(c) Waste to Energy Facility at Poolbeg

It was proposed by An Cathaoirleach, Councillor L. McCarthy, seconded by Councillor S. Fitzpatrick and RESOLVED:

Notwithstanding the views of any of the Elected Members of DLRCC on the proposal to build the Waste to Energy facility at Poolbeg and acknowledging that the proposal was developed as a result of Government Policy on Waste Management since 1997 and noting the opposition of the current Minister for the Environment, Heritage and Local Government to the building of the facility, the Elected Members of DLRCC seek confirmation from the Government that it will reimburse the net outlay of Dun Laoghaire Rathdown Council should the project not proceed due to Government actions including a change in policy or failure to make statutory decisions.

C/581/10 Suspension of Standing Orders

It was proposed by Councillor B. Ward, seconded by Councillor J. Bailey, M. Bailey, T. Joyce, P. Hand, D. Marren, M. Mitchell O’Connor, J. O’Dea, N. Richmond, B. Saul, G. O’Keeffe and M. Baker:

“That this Council suspend standing orders to discuss the following motion:

That the Manager give the Council a full account of its current and future obligations in respect of the proposed waste-to-energy incinerator to be located at Poolbeg, give details of current and future liabilities that the Council, and therefore the taxpayer and ratepayer, might occur, clarify what options the Council has to reduce its liability and/or to exit the contract with Covanta and the other Dublin local authorities, and explain why this information has not been given to the Council already.”

It was AGREED to suspend standing orders to discuss the following motion.

68 “That the Manager give the Council a full account of its current and future obligations in respect of the proposed waste-to-energy incinerator to be located at Poolbeg, give details of current and future liabilities that the Council, and therefore the taxpayer and ratepayer, might occur, clarify what options the Council has to reduce its liability and/or to exit the contract with Covanta and the other Dublin local authorities, and explain why this information has not been given to the Council already.”

A discussion took place during which Mr. F. Austin, Director of Water & Waste Services and Mr. O. Keegan, County Manager responded to Members queries.

It was AGREED to REFER this item to the next Water & Waste SPC and to then bring a report back to a future meeting of the County Council.

C/582/10 Strategic Policy Committees - Report of Chairpersons

(a) Water & Waste Strategic Policy Committee Meeting held on 23 June 2010

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

“Report of Chairperson – Councillor Gerry Horkan Meeting held on Wednesday, 23 June 2010

The Chairperson, Councillor Gerry Horkan presided.

In attendance were Councillors: P. Hand, R. Humphreys, B. Saul, T. Murphy, G. O’Keeffe. Sectoral Reps: M. Sanfey.

Apologies were received from Cllr. M. Baker, Cllr. J. Dillon Byrne, Cllr. S. Fitzpatrick, H. O’Neill.

Officials in attendance were: F. Austin, Director of Water & Waste Services; G. Looney, Senior Engineer; P. Goodwin, Senior Engineer; E. Doran, Senior Executive Engineer.

Councillor Horkan welcomed all members and staff to the meeting.

 Minutes of Strategic Policy Committee meeting held on 31st March 2010 were adopted.

 Matters Arising:  None

 Information Items submitted by members:

 None

Business submitted by Director of Services

 Waste Collection in DLR (Presentation).

Frank Austin, Director gave a presentation on the decision by the Manager to cease direct provision of Waste Collection in Dun Laoghaire Rathdown.

Following the presentation Mr. Frank Austin responded to questions / comments from the members.

 Water Bye Laws

69  Eugene Doran, Senior Executive Engineer submitted a report on Water Bye Laws for consideration to the committee.

 Following a discussion on the report, Mr. Eugene Doran responded to various questions from the members.

 A.O.B.

 None”

(b) Transportation Strategic Policy Committee Meeting held on 10 June 2010

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

“Report of Chairperson – Councillor Maria Bailey Meeting held on Wednesday, 10 June 2010 in Dundrum Offices

Present: Councillors: Maria Bailey, (Chairperson), Niamh Bhreathnach; Gerry Horkan; John Bailey, Victor Boyhan, Carrie Smyth, Tony Fox, Barry Ward, Marie Baker

Councillor Lettie McCarthy (non-member)

Business/Commercial Sector: Matt Coleman; Michael Tierney

Community/Voluntary/Disadvantaged: Ken Fitzsimons

Development/Conservation/Cultural Sector: Niamh Cronin, Tom Nolan

Environment/Conservation/Cultural Sector: Rob Fitzsimon

Council Officials: Tom McHugh Director of Transportation; Therese Langan, Senior Executive Officer; William Horgan, Senior Engineer; Anne Devine, Senior Engineer, John Broderick, Senior Executive Engineer, Fergal Kelly, Senior Executive Engineer, Adrian Thompson, Senior Executive Engineer, Seamus Storan, Executive Engineer, Conor Geraghty, Assistant Engineer; Eimear Lenahan, Senior Staff Officer; Patricia Howe, Acting Staff Officer, Eileen O'Brien, Clerical Officer, Transportation Department

The Chairperson, Councillor M. Bailey presided.

Mr. Matt Coleman asked for clarification on the role of “Cycling Champion” and Councillor M. Bailey advised that she would forward this to Mr. Coleman.

During the Course of the meeting Councillor Maria Bailey on behalf of the SPC Transportation Committee thanked Anne Devine for all her hard work and wished her well in her year off.

1. Confirmation of Minutes Minutes of the Meeting held on 29th March 2010 were AGREED.

2(a) Business submitted by Director of Services Policy on the implementation of statutory signing and lining measures:- Anne Devine, Senior Engineer, presented the Policy document, following which she was thanked for the contents and explanations of the signing and lining requirements. There was a request that some of the wording and a further review of

70 single lining requirements be amended.

It was AGREED that this document would be brought back to the September SPC meeting on 9th September.

The item was NOTED.

It was agreed that Item 2 (d) Review of Parking Policy would be taken at this stage of the meeting.

2(d) Business submitted by Director of Services Review of Parking Policy An in-depth report on all aspects of Pay & Display was presented by Therese Langan which highlighted various aspects of the Scheme, i.e.  Demand for Pay & Display  Rationale for new areas,  Costs involved,  Permits for health workers,  Changing of max 3 hour to all day,  Change of Zones/road only areas  Traffic warden monitoring,  Budget commitments,  Reduction/increase of charges etc.

The Committee thanked Ms. Langan for making the report available to them which would be helpful in assisting them in answering queries. It was generally agreed that the scheme was working well but that some changes were needed with some compromise and balance.

It was agreed that a Sub Committee would be established to review parking regulations and Bye-Laws and bring a report back to SPC in September 2010. The following Members were nominated to form the Group with Councillor Maria Bailey (Chair) and Ms. Therese Langan. Mr. Michael Tierney Business/Commercial Sector Mr. Tom Nolan Development/Conservation/Cultural Sector Councillor Niamh Breathnach Blackrock Ward Councillor Marie Baker Blackrock Ward Councillor Gerry Horkan Stillorgan Ward

The report was NOTED.

2(b) Business submitted by Director of Services Local information Road Signage Policy Update

Anne Devine presented the above report and advised that the fee for schools and charity organisations would be waived.

Regarding illegal signage, work was ongoing to have such signs removed and it was being carried out zone by zone. Signage that did not have Irish/English displayed were not compliant with DLR Road Signage Policy.

This item was taken with Item 2(b) – Road Signage Policy Update

Item 4 (b) Items for Consideration by this Committee Single Line Parking

Cllr Niamh Bhreathnach: “That this SPC would examine the Council’s “opposition to the installation of single yellow line parking restrictions in residential areas” as outlined in a reply to a Committee motion tabled by me on behalf of local residents and discuss whether this policy should be reviewed.”

Report:

71 “The Traffic Section has prepared a Traffic Advisory Group (TAG) policy document. This document outlines statutory signing and lining measures, their application and the rationale used in choosing them. This policy is being presented to this meeting of the Transportation SPC (on Thursday 10th June 2010) under Agenda Item 2(a).”

Contact Person: John Broderick, Senior Executive Engineer, Traffic Section.

The report was NOTED

2(c) Business submitted by Director of Services Presentation on Intelligent Traffic Systems and Regional Traffic Management Report on the above was presented by Fergal Kelly, Senior Executive, Engineer and Anne Devine, Senior Engineer.

The report was NOTED.

Items for written response

The following items were listed for written response:

Bike Hire Scheme - Cllr. Victor Boyhan “Will the Council's Transport Department consider promoting a bike hire scheme, similar to the one currently operating in Dublin City”.

Response: “It is stated in the Council's Cycling Policy document that the Council will "work towards the provision of 'public bike' facilities within the central urban areas of the County". The National Cycle Policy Framework states that "Public bikes are now being seen as another element of the public transport system".

It is recognised that the Dublin City Council's 'Dublinbikes' cycle hire system launched in 2009 has been a success, with significant levels of registrations and a commitment to further increase the level of cycle parking by the end of 2010. The expansion of the Dublinbikes scheme or the introduction of a bike hire proposal with Dún Laoghaire Rathdown would be subject to demand and the establishment of a suitable business case. The Council recognises the merits of such schemes and will actively investigate and keep under review the options with a view to introducing its own public bike scheme(s) to match the needs and demographics of the County as its cycling culture grows.

To date, Transportation Department in its firm commitment to Cycling has achieved the following:-  Publication of its Road Safety Plan which will focus on engineering, education, encouragement and enforcement. In association with An Garda Síochána, fatal and serious collisions involving cyclists will be investigated;-  'Review of Cycling' (March 2009) document, highlighted 7 key recommendations of which 6 no. have been established and are being actively progressed;-  Identify the county-wide cycle network with a focus on creating links between 'cycleable roads' based on an analysis of the road network in terms of skill level needed to use each element. Public Consultation seeking submissions on this task has been recently completed and will inform future programmes. Pilot work programmes are currently being identified with possible direct funding from the National Transport Authority (NTA) for implementation in the current year;-  Transportation Department success in achieving grant assistance in 3 areas of innovative Cycling initiatives from the Department of Transport's Smarter Travel fund in 2010 (It should be noted that out of 31 applications selected nationally, Transportation Department achieved funding for 3 projects);-  As part of the Sandyford Smarter Travel area competition currently being assessed by the Department of Transport, consideration to introduce a stand-alone 'bike hire' facility and the provision of 'pool bikes' by aimed at linking public transport and employment within the smarter travel area is detailed, and  Compiling a job brief for consideration by Management regarding the assignment of an officer at an appropriate level as a 'Cycling Officer'. He or she will establish a Cycle

72 Forum and be responsible for overseeing the formulation and delivery of local cycling policy, for the embedding cycling within wider transportation policies and in statutory plans and be responsible for the upskilling of staff within the local authority so as to ensure that the competencies exist to fully implement the policies.”

Contact Person: Anne Devine, Senior Engineer, Traffic Section.

Item 4 (a) Items for Consideration by this Committee

HGV Management Strategy - Cllr Victor Boyhan “That this Strategic Policy Committee considers drafting a HGV Management Strategy for the County, as part of our future work programme.”

Response: “Dún Laoghaire Rathdown County Council has no significant HGV traffic on its road network. Since the completion of the M50 and the opening of the Dublin Port Tunnel, HGV traffic movements traversing the County to include access to Dublin Port has reduced. In addition, the implementation of the Dublin City Council's HGV Strategy in February 2007 following the opening of the Dublin Port Tunnel, has had no adverse impacts with Dún Laoghaire Rathdown.

Transportation Department has adopted the policy of imposing 3 tonne weight limits on a case-by-case basis on roads within its administrative area and, in particular, within residential areas. Currently, restrictions on HGV movements is implemented through the use of weight restrictions and height restrictions and associated regulatory signage.

Traffic Section recently completed an upgrade to directional signage on the N31/Mount Merrion Avenue. Traffic Section is in receipt of a regional route signage grant from the Department of Transport in 2010 to upgrade directional signage on the R118 from the Deerhunter Roundabout to the M50 Cherrywood junction (junction no. 16). The directional signage upgrade will complement the Dún Laoghaire town centre directional signage completed in January of this year. Traffic Section is currently auditing the extent of M50 signage (individual signage type) erected on completion of the motorway with a view to removing signage not on strategic routes.

At this time, the preparing of a HGV Management Strategy is not a priority noting the current low level of HGV traffic on the County's network. It should be noted that no resources are available to the Transportation Department to consider the item further.”

Contact Person: Anne Devine, Senior Engineer, Traffic Section.

Conclusion of Meeting The meeting concluded at 6.00 p.m.”

C/583/10 Ministerial/Departmental Correspondence

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

“1) Letter from the Department of Finance in relation to the resolution passed by the members of Dun Laoghaire Rathdown County Council on the Government’s economic and budgetary policies. 2) Letter from the Office of the Minister for Education and Science in relation to a resolution passed by the members of Dun Laoghaire Rathdown County Council regarding school building projects in the County. 3) Letter from the Department of Environment, Heritage and Local Government in relation to banning of stag hunting.”

73 In relation to letter no. 2 it was AGREED that each political group of Councillors would nominate one representative to go to Tullamore and inform staff so dates for the meeting can be arranged.

C/584/10 Other Correspondence

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

“1) Letter from Donegal County Council in relation to Vehicle Registration Tax 2) Letter from Donegal County Council in relation to contracts with Veoila 3) Letter from Waterford City Council in relation to the Israeli attack on the Gaza Freedom Flotilla’s aid mission. 4) Letter from Clonmel Borough Council in relation to the Health Service Executive. 5) Letter from Galway City Council in relation to Levy on non-residential homes. 6) Letter from Cork County Council formal apologies. 7) Letter from DCU in response to Managers letter relating to Nomination to DCU Governing Authority (both letters attached) 8) Letter from National Asset Management Agency in relation to a motion passed by Dún Laoghaire Rathdown Councillors on 22nd June 2010.”

C/585/10 Function of Making Bye-Laws

It was proposed by Councillor R. Humphreys and seconded by Councillor N. Bhreathnach:

“That that Manager pursuant to section 132(2)(a) of the Local Government Act 2001, a second legal opinion be obtained from Senior Counsel on the issue of whether the elected members have competence to exercise the reserved function of making bye-laws pursuant to section 199(2)(a) of the said Act in respect of the regulation of high hedges and high trees within the County (not being high trees and high hedges that pose a hazard or potential hazard to the users of a road, which trees and hedges are regulated by section 70 of the Roads Act 1993).”

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

“The advice of the Law Agent was sought and he advises that unlike Section 70 of the Roads Act 1993 (where local authorities are empowered to regulate trees and vegetative growth which overhangs public roads and present a hazard from a safety perspective), the Oireachtas has not devolved the regulation of height of hedges or trees on private lands to local authorities.

The Law Agent further advises that private law on the other hand does adequately address the issue of nuisance caused by trees and shrubs. In such circumstances a party who considers that their property has been or is likely to be impacted adversely may bring a private action and a remedy of an injunction would be available.

The Parks and Landscape Services position on the matter is that irrespective of whether the making of such bye-laws is legal it is foreseeable that it would be logistically impractical to manage and enforce same in terms of both existing staff and financial and budgetary restraints not to mention the inherent difficulties in accessibility into private property and in the context of disputes between neighbours.

74 If such bye-laws were to be made, the requirements to enforce them, in terms of staff and financial resources would have a detrimental effect on the provision of core established services already under severe pressure from budget cutbacks and the moratorium on staff recruitment.

These issues are currently and adequately addressed by private law amongst the parties involved with no cost to the local authority.”

A discussion took place, during which Mr. O. Keegan, County Manager responded to Members queries. A roll call vote on the motion was requested, the result was as follows:

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

75 Ward, Barry √ Total: 9 15

An Cathaoirleach, Councillor L. McCarthy declared the motion DEFEATED.

C/586/10 Policy on Community Gardens

It was proposed by Councillor N. Bhreathnach and seconded by Councillor B. Saul:

“That this Committee discuss developing a policy on community gardens in response to enquiries about reopening allotments across the County.”

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

“The Council is committed to increasing the number of allotments it has on offer and building on the success of the community garden initiative in Rathsallagh. (The later initiative is currently being evaluated but preliminary indications are that it has been very successful.)

The Council’s immediate focus is on a substantial increase in the number of allotments in Goatstown. We hope to commence development work on this site by the end of 2010. We will then focus our attention on identifying other Council lands excluding public parks, which could be made available for use as allotments/community gardens.

The Council should not support any proposal to site allotments in public parks which would amount to the effective ‘privatisation’ of land in public parks.

A policy on Community Gardens is in preparation for the Environment SPC meeting in December.”

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

C/587/10 Communinal Bins

The following motion in the name of Councillor C. Devlin was NOT MOVED:

“That this Council would immediately cease the practice of using communal bins in all Council sheltered accommodation for senior citizens and unfair policy of dividing the overall refuse bill for the complex between residents.”

C/588/10 Dad's Day Off

It was proposed by Councillor C. Smyth and seconded by Councillor J. Dillon Byrne:

“That the Manager introduces a similar event to “Dad’s Day Off” for gender balance.”

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

“The DLR Events schedule is regularly reviewed. As part of this ongoing review this event will be considered.”

Following discussion, during which Mr. R. Shakespeare, Director of Environment, Culture and Community responded to Members queries, the report was NOTED.

C/589/10 Councillors Expenses for Conferences

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

“That this Council will reduce the budget allocation for Councillors expenses for conferences at home and abroad to €26,000.00 per annum.”

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

“If the motion is passed its terms will be complied with.”

Following discussion, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries, a roll call vote on the motion was requested, the result was as follows:

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

77 Marren, Donal √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid √ Richmond, Neale √ Saul, Barry Smyth, Carrie √ Ward, Barry √ Total: 2 20 1

An Cathaoirleach, Councillor L. McCarthy declared the motion DEFEATED.

C/590/10 Commercial Rates

The following motion was MOVED by Councillor T. Murphy WITHOUT DISCUSSION:

“That the Manager does not increase the commercial rates in these extremely difficult times in any re-evaluation of rates which may be taking place.”

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

“An update report on progress of the re-valuation of commercial properties within the County was presented to the July Meeting of the Council for the information of Members.

As indicated in that report the re-valuation project is now nearing completion and the new valuation list will be received from the Valuation Office on the 31st of December 2010 and will be effective for rating purposes from the 1st of January,2011. The new valuations of commercial properties within the County will be reflective of the annual rental value of the property, at the specified valuation date of September 2005. The Council must levy rates based on the valuation determined by the Valuations Office.

In relation to the rates levied in the year following a revaluation there are specific provisions in the legislation (Section 56 of the Valuation Act 2001) which provides that the maximum rates income collectible by a Council in the year immediately following revaluation cannot exceed the previous year’s rates income other than by the increase attributable to inflation and any increase attributable to rates buoyancy. It is estimated, at this stage, that in the relevant 12-month period preceding adoption of the 2011 Budget inflation/deflation will be negligible. Therefore the maximum 2011 Rates income attributable to this Council will equal the Rates income provided for in the 2010 Budget, increased/decreased by inflation/deflation, and subject to an adjustment to reflect any Rates income buoyancy arising from properties newly rated after the adoption of the 2010 Budget and prior to adoption of the 2011 Budget.

78 Members, as part of the statutory budget process, determine the Annual Rate on Valuation. In considering the 2011 budget and in determining the Annual Rate on Valuation Members are bound by the above limitation.”

C/591/10 Road Signs

The following motion was MOVED by Councillor B. Ward WITHOUT DISCUSSION:

“That it shall be Council policy at every junction in the County, with priority given to through roads, each and every road will have a clear sign indicating the name of that road.”

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

“Council endeavours where possible to have each public road in the county properly named in accordance with the roads schedule and nameplates are erected showing the name of the road in both Irish and English. If there are nameplates missing, the roads depot at Mount Anville or Rochestown or the Transportation section in County Hall should be notified so that appropriate action may be taken.”

C/592/10 Citizen Connection

The following motion was MOVED by Councillor S. Fitzpatrick WITHOUT DISCUSSION:

“That Dún Laoghaire Rathdown County Council enters into an agreement with Langan technologies to enable the ‘Citizen Connect’ Smart Phone app to be used by Dún Laoghaire Rathdown County Council, allowing County citizens to report problems from their Smart phones to Dún Laoghaire Rathdown County Council”.

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

“Citizens of Dun Laoghaire Rathdown can currently report problems to the Council using a number of communications channels

1. Representations to their Local Councillors, TD’s Senators 2. Letters sent directly to the Council 3. Telephoning the Council 4. Emailing the Council 5. Through the Web site

The Council is continuing its implementation of Microsoft CRM (Customer Relationship Management) in it’s various service Departments, to manage citizens calls and problems.

There are a number of smartphone apps being developed for this Microsoft CRM product and the Council will monitor these apps, as they become available, to see if they offer any improved customer service. Any new IT or smartphone applications must go through the normal software lifecycle of cost benefit analysis, resourcing, tendering, planning, testing, deployment and maintenance

The Council when selecting new products such as a smartphone application, cannot just opt for one suppliers solution. It must follow the appropriate tendering guidelines and procedures.

79 Currently citizens can use their smartphones to email directly the various sections in the Council 24/7, via links and email addresses provided on the Council’s website.

Therefore, it is recommended that the Motion not be approved at this time.”

C/593/10 Guidelines for Issuing Road Opening Licences

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

“That the Manager bring a report outlining the guidelines for issuing road opening licences, the number of licences issued for 2010 and the financial contributions received by the Council for such licences.”

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

“The Council receives applications for Road Opening Licences from the Statutory Utility Companies i.e. Bord Gais, UPC/NTL, Eircom and ESB and these are dealt with through the Online Roadworks Control System.

All other Licences to householders or private Contractors are processed on an individual application basis. These applications are processed by the Roads Control Unit who have regard to the standards and requirements of the following publications

● “Guidelines for the Opening, Backfilling and Reinstatement of Trenches in Public Roads” published by the Department of the Environment and Local Government in 2002 ● “Directions for Roadworks Control 2008” – Dun Laoghaire Rathdown County Council in November, 2008

All applications are considered by any Council Departments who may wish to include specific conditions on any Licence before it issues i.e Water & Drainage in relation to excavations in proximity to water mains or sewers, Traffic Section in relation to specific requirements for Traffic Management etc. When all Departments have signed off, the Licence is issued by the Roads Control Unit. The Licencee is then entitled to proceed with the work following notification of the dates and duration to the County Council.

No. of Licences issued in 2010 :- Statutory Utility Companies :- 1,008. Other Licences :- 40

In relation to financial contributions received by the Council, there is an Administration Fee payable in respect of the processing of the applications. The fee is € 30.00 per application for small “once off” openings (known as T3’s) and € 190.00 per application for all other applications.

In relation to applications from individuals or Contractors, a reinstatement deposit is paid to the County Council to ensure satisfactory reinstatement. The Licencee may apply for a refund of the deposit after a period of 1 year which is only processed following re- inspection to ensure that reinstatement is satisfactory.

The Statutory Utility Companies do their own temporary and permanent reinstatements so the issue of reinstatement deposits does not apply.”

80 C/594/10 Council Housing Applicants

The following motion was MOVED by Councillor D. O’Callaghan WITHOUT DISCUSSION:

“That the Manager report regarding Council housing applicants who are allocated accommodation with voluntary housing bodies,i.e N.A.B.C.O., Cluid etc and to state who is responsible for tenants when and if their housing need should change and a larger housing unit is required to meet the families living requirements and could the Manager quantify the numbers of tenants in voluntary housing units who are in this situation.”

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

“Since 2006, 342 household have been accommodated through Voluntary Housing Associations as follows;

Bed Size Households

One Bedroom 124 Two Bedroom 185 Three Bedroom 33

Total 342

These applicants had indicated on their Housing Application form that they were interested in being offered housing from a Voluntary Housing Association. When the Council are notified of the units available, the applicant is contacted and asked if he/she is still interested in this type of housing, they are given a brief outline of the development in question and, if the applicant is agreeable, he/she is nominated to the Voluntary Housing Association.

On receipt of the nominations from the Housing Department, the Voluntary Housing Association contacts the nominees and through a series of interviews and information sessions the successful applicants are offered accommodation suitable to their need. Should the applicant accept the offer of accommodation and be allocated a tenancy with the Voluntary Housing Association, they are then removed from the Council’s Housing List as their housing need has been met.

Should their housing need subsequently change, the responsibility lies with the Voluntary Housing Association to source and provide more appropriate accommodation within their own housing stock. It is not possible for the Council to quantify the number of Voluntary Housing Association tenants whose need has changed, as the Voluntary Housing Association tenant would generally contact the relevant Voluntary Housing Association directly. However, the Housing Department has received three enquiries to date from Voluntary Housing Association tenants in relation to transfer requests. These transfer requests are being dealt with under the Council’s Mutual Transfer Policy which may permit Local Authority tenants to transfer with other social housing tenants, provided that the accommodation is similar i.e. house to house, flat to flat, and in cases where a transfer achieves a better use of housing accommodation.”

81 C/595/10 Diplomatic and Economic Ties with Israel

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

“That this Council calls on the government to sever diplomatic and economic ties with Israel until it lifts fully its brutal and illegal siege of Gaza, ends its occupation of Palestinian land, and grants full and equal rights to the Palestinian people.”

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

“If the Motion is passed a letter will be issued to the Minister of Foreign Affairs outlining the terms of the Motion.”

Councillor R. Boyd Barrett amended his motion as follows:

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

“To amend the proposal wording of Agenda Item 24 in the following way; that this Council adopts the motion passed by Waterford City Council in relation to Gaza and adds the following point; agrees to contribute €1,000.00 to the Irish Ship to Gaza Campaigns, which is attempting to raise funds to purchase a ship to participate in the second International Gaza Freedom Flotilla due to sail to Gaza in late October, early November.”

A discussion took place, following which An Cathaoirleach, Councillor L. McCarthy ruled the amended motion OUT OF ORDER, in accordance with Standing Order No. 49. Councillor R. Boyd Barrett requested to again amend his motion and it was AGREED to continue with the agenda and return to Cllr. Boyd Barrett’s motion when the amendment was received by the Chair.

C/596/10 Appearance of Derelict Retail Units

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

“That Dún Laoghaire Rathdown County Council discuss how we can assist or encourage retail owners to enhance the appearance of derelict retail units in the County. Perhaps some empty shop windows could be used to showcase local art or perhaps windows could be covered with graphics of scenic images of the county etc.”

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

“This suggestion is currently being addressed as an initiative under the Brand Project in respect of Dún Laoghaire town.”

Following a brief discussion the motion was AGREED.

82 C/597/10 Diminution of Public Transport

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

“That this County Council does not accept any diminution of public transport bus services by C.I.E. in any part of Dún Laoghaire Rathdown County Council Area.”

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

“I would urge the Council not to pass this motion in its present form.

The demand for bus services changes over time it is entirely appropriate that Bus Atha Cliath should review its bus route network on a regular basis in order to ensure that the provision of bus services matches the customer demand as closely as possible. A major network review was recently completed by Bus Atha Cliath as a result of which changes in services are now being implemented. It is not unreasonable that there should be a diminution in services in certain areas where this is justified by declining demand. Rather than seek to prevent any diminution in current service in a particular area even where this may be justified the Council should seek to ensure that in implementing the network review an appropriate level of service is maintained in all areas.”

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

The motion was AGREED.

C/598/10 Re-entering of Items

At the conclusion of the meeting no amendment to Agenda Item No. 24 had been received therefore the original motion in the name of Councillor R. Boyd Barrett is RE- ENTERED to the October meeting of the County Council.

It was AGREED to RE-ENTER Item No. 24, Item 29, Item No. 31, Item No. 32, Item Nos. 34 to 42, Item No. 44 and Item No. 45 to the October meeting of the County Council.

C/599/10 Conclusion of Meeting

The meeting concluded at 8.00 p.m.

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