DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council Meeting held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Monday, 8 December 2014 at 5.00 pm

PRESENT:

Bailey, John F Madigan, Josepha Bailey, Maria Martin, Catherine Baker, Marie McCarthy, Lettie Boyhan, Victor McGovern, Lynsey Brennan, Shay Merrigan, Michael Curran, Chris Murphy, Brian Daly, Kevin Murphy, Tom Devlin, Cormac Nic Cormaic, Sorcha Dockery, Liam O'Brien, Peter Donnelly, Deirdre O'Brien, Shane Fayne, Mary O'Callaghan, Denis Feeney, Kate O'Neill, Seamas Gill, Karl Richmond, Neale Halpin, Melisa Saul, Barry Hanafin, Mary Smyth, Carrie Hand, Pat Smyth, Ossian Horkan, Gerry Stewart, Patricia Kingston, Deirdre Tallon, Grace Lewis, Hugh Ward, Barry

Apologies for inability to attend were received for Councillor Richard Humphreys

Absent: Councillor Jennifer Cuffe

An Cathaoirleach, Councillor Marie Baker presided.

OFFICIALS PRESENT:

Philomena Poole (Chief Executive), Frank Austin (Director of Transportation and Water Services), Helena Cunningham (Director of Finance and I.T.), Andrée Dargan (County Architect & Director of Culture), Kathleen Holohan (Director of Corporate Services and Human Resources), Tom McHugh (Director of Housing and Community), Richard Shakespeare (Director of Environment), Declan McCulloch (Senior Executive Officer, Planning & Enterprise), Anne Devine (Senior Engineer, Transportation & Water Services), Rhona Naughton (Senior Planner), Tracey Flanagan (Senior Executive Planner Planning & Enterprise), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer, Corporate Services)

C/624/14 Confirmation of Minutes

1. Minutes of Meeting of County Council held on 10th November 2014 It was proposed by Councillor B. Saul, seconded by Councillor C. Smyth and RESOLVED:

“That the minutes of the County Council meeting held on 10th November 2014 be ADOPTED and APPROVED.”

2. Minutes of the Budget Meeting held on 4th November 2014 It was proposed by Councillor G. Horkan, seconded by Councillor P. Hand and RESOLVED:

1 “That the minutes of the Budget meeting held on 4th November 2014 be ADOPTED and APPROVED.”

C/625/14 Questions

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

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.29 be ADOPTED and APPROVED.”

C/626/14 Government Budget Announcement - Social Housing Programme

“Question: Councillor V. Boyhan “To ask the Chief Executive to provide a brief report on the social housing finance initiatives announced by the Minister of Finance on Budget Day (14th October 2014) and to set out how these may benefit and assist Dún Laoghaire–Rathdown County Council to progress its social housing objectives?”

Reply: “The financing and funding of social housing referred to in the national budget for 2015 has been detailed further in the recently published Social Housing Strategy http://www.environ.ie/en/PublicationsDocuments/FileDownLoad,39622,en.pdf, which includes a range of measures to provide new social housing, provide housing supports through the private rented sector, and reform social housing supports. The strategy includes the establishment of the Dublin Social Housing Delivery Taskforce, which will oversee delivery of additional numbers of social housing units.

Decisions on numbers of units and allocation of funding for each local authority have yet not been finalised, Councillors will be advised of any further information when it becomes available.”

C/627/14 Irish Mutual Bodies - Dividends to Council

Question: Councillor V. Boyhan “To ask the Chief Executive to provide a report on all dividends received by the Council since 2012, and to confirm if the Council has / or will receive any dividends from ‘Irish Public Bodies’ this year, and if so, will she please detail the amount and her intentions for the use of these funds?”

Reply: “The dividend payments received from the Council’s Insurers, Irish Public Bodies Mutual Insurances Ltd, in the years 2012 to 2014 were, 2012 €495,805, 2013 €537,758, 2014 €476,446 and these payments were receipted to the revenue account as provided for in the adopted budgets for those years.”

C/628/14 Freedom of Information Act

Question: Councillor V. Bohan “To ask the Chief Executive to please confirm what charges, if any, Dún Laoghaire-Rathdown County Council now applies to citizens wanting access to information under the FOI Act and to report on same. The Freedom of Information Act, as amended obliges local authorities and a range of other public bodies to publish information on their activities and to make the information they hold, including personal information, available to citizens?”

2 Reply: “The fees structure under the Freedom of Information Act, 2014, came into effect on 14 October 2014. From this date there is no fee for the initial request, a fee of €30 applies to requests for an internal review of a decision (€10 if requester is a holder of a medical card), and a fee of €50 applies to an appeal to the office of the Information Commissioner (€15 if requester is a holder of a medical card).

Search, retrieval and copying fees also apply in the amounts of €20 per hour for search/retrieval and €0.04 per sheet for copying of records, subject to a lower limit of €100 below which no fee will be charged, and an upper threshold of €500 which is the most that may be charged where the fee lies between €500 and €700. Where the fee exceeds €700, the Authority may refuse to process the request unless the requester is willing to limit the scope of the request, thereby bringing the fee below the upper threshold of €700.

Section 8 of the Act requires FOI Bodies to prepare and publish a publication scheme. This scheme will replace the Section 15 and Section 16 Manuals which were published under the FOI Acts 1997- 2003 and will include, amongst others, the classes of information published by the FOI body, the terms under which it will make such information available, and a general description of its structure, organisation, functions and powers.

This Section of the Act has not yet come into effect and the existing Section 15 & 16 manuals will remain available on the Council’s website until such time as they are replaced by the new Section 8 publication scheme.”

C/629/14 Bridge Schedule

Question: Councillor V. Boyhan “To ask the Chief Executive to please provide a schedule of vehicle and pedestrian bridges over the N11 & M50, under the responsibility of the Council?”

Reply: The list of bridges on the N11 which are maintained by the Council are included in the attachment document. The remaining bridges on the N11,M11 and M50 are maintained by NRA Contractor.

It should be noted that the UCD Over-bridge, footbridge at “The Rise” and footbridge at UCD are now on a Regional road because the road from Mount Merrion Avenue to the City boundary has been re-classified to a Regional road.

Structures in Dun Laoghaire Rathdown

Bridge Name Identification Maintained by 1 Blackglen Underpass Bridge DR-M50-004.00 DLRD/Rd Marc / Structure 2 Sandyford Road Overbridge DR-M50-006.00 DLRD/Rd Marc / Structure 3 Loughlinstown River Culvert DR-N11-002.00 DLRD 4 Loughlinstown River Bridge DR-N11-003.00 DLRD 5 Wyattville Road Overbridge DR-N11-003.20 DLRD 6 Johnstown Road Footbridge DR-N11-004.00 DLRD 7 Clonkeen Road Footbridge DR-N11-005.00 DLRD 8 Foxrock Church Footbirdge DR-N11-006.00 DLRD 9 St. Laurence Park Subway DR-N11-007.00 DLRD 10 Frascati Road Subway DR-N31-001.00 DLRD

3 C/630/14 Blackrock Civic Buildings - Carnegie Library, Blackrock Town Hall, Technical School and Associated Out-Houses

Question: Councillor V. Boyhan “To ask the Chief Executive to report on the status of the proposed disposal of a leasehold interest in Blackrock Town Hall to Dún Laoghaire Vocational Educational Committee signed by the then County Manager Mr. Owen P. Keegan (dated 29 April 2010) and attached map, outlined in red ink - ref PL- 07-043, and will she confirm if the terms of the Section 183 pursuant to the Local Government Act 2001 relating to these properties have been fully complied with.”

Reply: “A disposal notice under Section 183 of the Local Government Act 2001 was approved at a Full Council Meeting held on Monday 10th May 2010, Certified Minute No C/308/10 refers. The Agreement with Dún Laoghaire Rathdown County Council and the Dublin and Dún Laoghaire Education and Training Board (formerly the VEC) will be finalised in early 2015.”

C/631/14 Housing Rental Accounts in Arrears

Question: Councillor C. Curran "To ask the Chief Executive to provide the number of housing rental accounts in arrears, as well as a monetary total value for same. Could the Chief Executive also provide the data for both categories expressed as an aged debt as well. (Current month, 1 month, 2 months, 3 months, 4 months & older)?"

Reply: “The Council currently has 4,071 dwellings let under its Differential Rents Scheme. An annual review is carried out each year to ensure that all household income and occupancy details are kept up-to-date. This Review can result in back-dated debits being applied to accounts if changes to income are not notified immediately they occur or if insufficient documentation has been submitted by the tenant. Furthermore, these back-dated debits will be removed or reduced once appropriate information is received within a specified timeframe. While back-dated credits can be refunded immediately, it may take some time for the tenant to repay a back-dated debit.

While payments may not yet be received from tenants who pay their rent monthly, the current position regarding differential rent accounts in arrears (which include back-dated adjustments) is as follows:

No. Accounts Amount No. of months 648 €144,497.60 One month 351 €182,404.62 2 months 231 €195,691.32 3 months 1,103 €3,155,132.65 4 months or over Total: 2,333 €3,677,726.19

It should be noted that under Differential Rent, a weekly rent charge will fluctuate as household income changes. The above calculation of months owed is based on current rent charges.”

C/632/14 Cuts in Funding for Community Groups

Question: Councillor C. Curran “To ask the Chief Executive to provide a list of all community groups that will have cuts in their funding in the following year compared with 2014?”

4 Reply: “The Community Section has varying levels of involvement at different times with community groups throughout the County. We are not currently in a position to record or have access to all their funding arrangements, as community groups have access to a range and variety of forms of funding.”

C/633/14 Number of Units in Council's Housing Stock

Question: Councillor C. Curran “To ask the Chief Executive to supply the number of units in its control under the following categories: housing stock, social leasing and rental accommodation scheme, as well as the number of units sold to tenants from its housing stock, as at 31/12 for the last 10 years?”

Reply: “The breakdown of the Council’s housing stock in this area is as follows:

Social Housing Stock 4476 Social Leasing 155 Properties in Rental Accommodation Scheme 402 Total 5033

230 houses were sold to tenants over the last 10 years a break down of which is as follows:

Year No. of units sold 2013 15 2012 35 2011 19 2010 6 2009 5 2008 4 2007 12 2006 43 2005 51 2004 40

As the last Tenant Purchase Scheme ceased in December 2013, there were no houses sold in the current year.”

C/634/14 Water Charges

Question: Councillor M. Halpin “To ask the Chief Executive to report on any and all communications with the Department of Environment with regards to any role the Council might have to play in the collection of water charges?”

Reply: “Minister Alan Kelly T.D. and Minister for the Environment, Community & Local Government set out a package of decisions made by the Government in relation to a revised approach to water on 19th Nov.

The Water Reform Key Elements document, which can be found at the link below, primarily deals with Domestic Water Charging, which is the responsibility of Irish Water. http://www.environ.ie/en/Publications/Environment/Water/FileDownLoad,39548,en.pdf

5 Dún Laoghaire-Rathdown County Council, in common with all other Local Authorities, currently collects Water Services Charges from Non-Domestic Customers, as agreed under the Service Level Agreement between Dún Laoghaire-Rathdown County Council and Irish Water.

The document also sets out proposed arrangements in relation to local Authority tenants. However no further communication has been received on the matter. The document states that measures will be introduced “by legislative means”.”

C/635/14 Water Meters in the County

Question: Councillor M. Halpin “To ask the Chief Executive to get from Irish Water, a full list of the roads in the County that have been metered and a full list of those that have had some preparatory work done to install meters?”

Reply: “The Council have been in touch with Irish Water to develop a communications framework with the Elected Members in regard to the roads that have been metered and their planned work programme.

When details are available, they will be furnished to the Elected Members.”

C/636/14 Notice of Work Schedule Change from Irish Water

Question: Councillor M. Halpin “To ask the Chief Executive to get from Irish Water their road by road work schedule for the County and to ask them to keep us updated with any changes to this schedule.”

Reply: “The Council have been in touch with Irish Water to develop a communications framework with the Elected Members in regard to the roads that have been metered and their planned work programme.

When details are available, they will be furnished to the Elected Members.”

C/637/14 Emergency Procedures for Adverse Weather Conditions

Question: Councillor M. Hanafin “To ask the Chief Executive to outline what emergency procedures are in place to respond to any adverse weather conditions during the winter?”

Reply: “All Elected Members were provided with a copy of the Winter Service Plan as part of the agenda for the Dún Laoghaire ECH Area Committee Meeting on the 24th November 2014 and the Dundrum ECH Area Committee Meeting on the 1st December 2014. The presentation set out the position regarding the Council's response to severe winter weather conditions. There is further useful information on the issue of severe winter weather conditions available at www.winterready.ie”

C/638/14 Social Housing Budget

Question: Councillor M. Hanafin “To ask the Chief Executive what contact there has been with the Department of Environment in relation to the budget announcement on Social Housing? What extra funding Dún Laoghaire- Rathdown County Council can expect and when development can commence?”

6 Reply: “The financing and funding of social housing referred to in the national budget for 2015 has been detailed further in the recently published Social Housing Strategy http://www.environ.ie/en/PublicationsDocuments/FileDownLoad,39622,en.pdf, which includes a range of measures to provide new social housing, provide housing supports through the private rented sector, and reform social housing supports. The strategy includes the establishment of the Dublin Social Housing Delivery Taskforce, which will oversee delivery of additional numbers of social housing units.

Decisions on numbers of units and allocation of funding for each local authority have yet not been finalised, Councillors will be advised of any further information when it becomes available.”

C/639/14 Multicultural Event for Summer 2015

Question: Councillor H. Lewis “To ask the Chief Executive if any specific multicultural event is planned for Summer 2015 to fill the void of such a multicultural event left by the removal of the Festival of World Cultures from the events calendar during the term of the last Council?”

Reply: “The Council continues to fund a wide range of events through the dlr events programme and the annual Mountains to Sea, dlr book festival. Additionally, a substantial cultural programme is provided directly from the Library Service and Arts Office and indirectly through our support of the Pavilion Theatre, Mill Theatre, Dance Theatre of Ireland and by local organisations funded through the Council’s Universal Grant Scheme.

At present there are no plans to relaunch the Festival of World Cultures or to create another similar event. Even a slimmed down version would require significant additional funds to produce, which in the current financial environment are beyond the Council.”

C/640/14 Tenant Purchase Scheme

Question: Councillor H. Lewis “To ask the Chief Executive when the new proposed Tenant Purchase Scheme will be presented to the Council and what if any details are available?”

Reply: “A new Incremental Purchase Scheme type scheme will replace the 1995 Tenant Purchase Scheme however no details are available to date. Recent indications are that the Scheme will be announced in the first half of 2015.”

C/641/14 Newly Constructed Social Houses

Question: Councillor H. Lewis “To ask the Chief Executive how many newly constructed social houses are expected to be built in the County in 2015?”

Reply: “The tender process has commenced for the construction of 15 units at Cromlech Close, Kilternan, the construction of which is scheduled to commence in February, 2015 and which will take approximately 18 months to completion.

The tender process for the construction of 4 units at Clontibret, Blackrock will commence in January, 2015. The construction phase is due for completion late 2015.

7 The refurbishment of Phase 2 of Rochestown House has commenced. Part of the scheme includes the construction of new units. Once completed 34 one-bed units will be delivered and is due for completion in Spring 2016.”

C/642/14 Community Games

Question: Councillor J. Madigan “To ask the Chief Executive how can the Council help with re-introducing Community games in more areas than at present? These games instil sportsmanship, community spirit, volunteerism and above all fun! in their area?”

Reply: “The Council will endeavour to meet with the Dublin Community Games Development Officer to discuss its potential and identification of possible new areas for development in the County.”

C/643/14 Twinning Process

Question: Councillor L. McCarthy “To ask the Chief Executive to please advise what steps need to be taken when considering twinning an area here with a European village/area.”

Reply: “The IPA guide "Steps to Town Twinning", outlines the steps to be considered in the twinning process. For further information see http://www.ipa.ie/index.php?lang=en&p=page&id=66”

C/644/14 Refund Vacancy Scheme

Question: Councillor L. McGovern “To ask the Chief Executive what the estimated revenue will be for the Refund Vacancy Scheme on commercial properties in 2015?”

Reply: “Members at the Budget Meeting held on the 4th of November 2014 by resolution decided to vary the vacancy refund rate that applies within the County of Dún Laoghaire –Rathdown in respect of vacant commercial properties from 100% to 75% in accordance Section 31 of the Local Government Reform Act 2014 & Article 29, Part 5 of the L.G (Financial & Audit Procedures) Regulations 2014. The provision required in the budget to meet the cost of rates refunds in respect of vacant properties reduced from €7.5m to €5.625m, a funding requirement reduction of €1.875m, as a result of the decision to reduce the refund rate to 75%.”

C/645/14 Commercial Rates for 2015

Question: Councillor L. Mc Govern “To ask the Chief Executive how much revenue will the commercial rates amount to for 2015 with the 2.5% cut?”[8th December 2014]

Reply: “The estimated rates income for 2015, account having been taken of the 2.5% reduction in the ARV as provided for in the adopted budget, is €81,665,300. The cost of the 2.5% reduction in the ARV amounted to €2.11m.”

8 C/646/14 Housing Maintenance and Refurbishment Programme

Question: Councillor M. Merrigan “To ask the Chief Executive to outline the Housing Maintenance and Refurbishment Programme for the first six months of 2015?”

Reply: “Housing Maintenance Programme for 2015 The Housing Maintenance Section are currently drafting a full works programme for 2015 which will issue to all Councillors at the January Area Committee Meetings.

Refurbishment Programme for 2015 The refurbishment of Rochestown House Phase 2 has recently commenced on site and is due for completion in the Spring of 2016. Once completed 34 one-bed units will be delivered.

A further 2 units which have recently become vacant are in need of refurbishment works and initial surveys and designs are being prepared, works are envisaged to be completed in 2015.”

C/647/14 Age Friendly Alliance

Question: Councillor M. Merrigan “To ask the Chief Executive to outline what plans and/or projects, if any, are envisaged by the Council for commencement in 2015 in the furtherance of the County’s designation as an ‘Age Friendly County’ and to outline the anticipated costs thereof?”

Reply: “The Council signed the Dublin Declaration on Age Friendly City and Counties on the 13th June 2013. The overarching goal of Ireland’s Age Friendly Cities and Counties Programme is that every local authority area in Ireland will be a great place in which to grow old. The Programme is part of the WHO inspired movement, which is built on the recognition of the valuable role that older people can and should play in shaping their communities for the better.

At county level, the Programme is developed and implemented by older people working side by side in partnership with service providers and other relevant stakeholders. The Programme facilitates multi-agency cooperation in finding new, innovative low or no cost ways to make our communities better places for people to grow old in.

Dún Laoghaire-Rathdown’s programme will be led by an Age Friendly Alliance, facilitated (initially) by the Chief Executive and comprising senior decision makers from the key public, private and not- for-profit agencies involved in providing supports and services to older people e.g. Local Authority, HSE, Gardaí, VEC/University, Leader, Carers groups, Community and Voluntary Pillar, Chambers of Commerce, LEO. Also at the Alliance table are representatives from the Business and Service Providers Forums and most importantly, a representative from the Older Peoples Network. It is expected that this Alliance will have its first meeting in early December 2014.

During the first and second quarter of 2015 the County Council will host extensive consultation / focus group sessions with older people around 9 key themes which have already been identified by Age Friendly Ireland as their priority concerns, namely :- Health, Housing, Transportation, Information, Safety & Security, The Built Environment, Education, Social & Economic Participation and Dignity & respect.

Following extensive consultation with older people, the Alliance will develop an Age Friendly County Strategy and implementation plan. This plan will contain specific commitments by agencies, service providers and older people’s organisations, often in collaboration, to implement agreed changes

9 reflecting the priorities expressed by older people in the consultation process. On completion of this phase of the programme the budgetary requirements will become much clearer.

Mr. Pat Coffey, Social Inclusion Officer in the Housing and Community Department has been assigned responsibility for leading and developing the dlr Age Friendly County Programme and any questions or suggestions related to it may be directed to him at [email protected] or telephone 01 2047269.”

C/648/14 Irish Language Translation

Question: Councillor M. Merrigan “To ask the Chief Executive to provide details on the costs incurred by the Council in obtaining Irish language translation services since the retirement of either the designated Irish Language Officer or the staff member who had the required competency in the first official language to undertake such translation services in house?”

Reply: “The Council’s former Irish Language Officer retired in November 2013. The cost of outsourced translations since then is €6,142.92.”

C/649/14 'Village Promotion' Programme

Question: Councillor M. Merrigan “To ask the Chief Executive to explore the potential of conducting a non-statutory public consultation process in respect of the Council’s proposed ‘Village Promotion’ programme to create an awareness and appreciation of the programme at local level and to encourage and facilitate the fullest participation of local communities, community and voluntary organisations and residents’ associations in the promotion of their own areas?”

Reply: “The Chief Executive will ensure a public consultation process for identified village promotion programmes that will engage key stakeholders such as tidy towns and business groups.

The aim of the programme is to increase active local participation in making the retail and commercial areas (i.e. business districts, towns and villages) of the county attractive places for economic activity. The public consultation processes will form the basis for initiating awareness and commitment to local place making projects.”

C/650/14 Calculation of Rent

Question: Councillor S. O’Brien “To ask the Chief Executive as to why maintenance payments are included by Dún Laoghaire- Rathdown County Council Housing Department when calculating the rent due for a person living in a council dwelling, when revenue do not see these payments as taxable income?”

Reply: “Under the Council’s Differential Rent Schemes, rent is calculated on the basis of current household income. Maintenance payments are considered as assessable income, the same as any other form of household income for calculation of differential rent. While not considered as taxable income by Revenue, the Department of Social Protection does take maintenance payments into account when calculating means. Furthermore, Maintenance payments are excluded from household income by the Council for differential rent purposes when they are being made by Council tenants to another household.”

10 C/651/14 Council Playing Pitches

Question: Councillor D. O’Callaghan “To ask the Chief Executive to outline the criteria by which Council Playing Pitches are deemed to be unplayable especially at weekends to include how Clubs are notified?”

Reply: “Pitches are declared unplayable, should conditions warrant such action, in the interest of maintaining the grass surfaces and to enable the pitches to be available for play in the long term.

The process that the Council adheres to is as follows: - Site visits are made by Parks foremen on Friday mornings to check for grass cover and any standing water etc. and a decision is made on pitch playability. - A list of playable and unplayable pitches is then circulated to the different leagues and internal Council departments. - Account is also taken of the anticipated weather. - The list is also published on the Council website for the public to view and is also on twitter.”

C/652/14 Cherrywood Strategic Zone - Sporting Facilities

Question: Councillor D. O’Callaghan “To ask the Chief Executive to give an update of any progress made to commence Developments in the Cherrywood Strategic Zone to include Council projects to provide sporting facilities at Hernford?”

Reply: “In December 2012 Dún Laoghaire Rathdown County Council made the Cherrywood Planning Scheme. The Planning Scheme was appealed to An Bord Pleanála, in spring 2013 the Planning Scheme was the subject of a lengthy oral hearing. On the 25th of April 2014 An Bord Pleanála approved the Planning Scheme subject to 21 modifications, including the requirement that the Development Agency consolidate the Planning Scheme as modified by An Bord Pleanála’s decision. In addition the Strategic Environmental Assessment Statement for the Planning Scheme was required to be amended to reflect the modifications made.

The modifications have now been made to the Cherrywood Planning Scheme documents. As required under Section 167(9) of the Planning and Development Act 2000 (as amended) notice was published on the 11th of September 2014 of approval of the scheme, informing the public as to where this document is available to be viewed.

The Chief Executive is establishing a Cross-Departmental Steering Group in accordance with Section 7.4 of the Cherrywood Planning Scheme document as soon as practicable. It is proposed to establish a Development Team to work on advance the delivery of the approved Planning Scheme. A sanction request has been sent to the Department in this regard. In the meantime a Senior Planner has been reassigned on a temporary basis to work on the advancement of the infrastructure to enable the overall development proceed.

The legal interests held in lands will be further researched and updated to facilitate interface with the various stakeholders with a view to progressing the Scheme. As you will be aware the largest landholding in Cherrywood is currently in the process of being purchased this holding includes the majority of the lands identified as Ticknick Park (the sporting facilities at Heronford), in the Planning Scheme.”

C/653/14 Service Level Agreement

11 Question: Councillor D. O’Callaghan “To ask the Chief Executive to make a copy of the Service Level Agreement between Irish Water and The Council available to the elected members?”

Reply: “The Service Level Agreement between Irish Water and Dún Laoghaire-Rathdown County Council is available under eCouncillor in the Library Section.”

C/654/14 Rateable Units in each Electoral District

Question: Councillor B. Saul “To ask the Chief Executive to provide me with a report detailing the number of rateable units in each electoral district (ED), the total annual amount raised in each electoral district and the percentage of total rates collected in the County which each electoral district contributes?”

Reply: “The rates debit for any particular year will be subject to continuous change arising from valuation amendments following on Valuation Office determinations, application of debit adjustments to take account of decisions on vacancy applications, notification from Receivers/Liquidators/Administrators etc.

The details on the attached sheet, as extracted from the Council’s rates system, sets out the rates collectable in the various DEDs, the number of properties and the percentage of the overall total rates debit per DED. It should be noted that on the Rates system there are two Sundry DEDs as assigned by the Valuation Office.

The Sundry DED - Central Valuation List - is a list comprised of undertakings with a single global valuation whose valuation is then apportioned among those local authorities in whose area the undertakings are located. Global Valuations include telephone networks; gas pipeline network, mobile phone networks, rail network, electricity transmission and distribution network, RTE transmission network, cable television networks, canal network, LUAS tram network, motorway tolls and local water and sewerage systems.”

12 C/655/14 Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

List of Conferences and Training Courses for Councillors

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

“Conference and Training for Councillors

DATE EVENT TYPE DETAILS ESTIMATED COST (INCLUDING FEE) 12th December CONFERENCE Nuclear Free Local Authorities All Ireland €0.00 2014 Forum

In accordance with the provisions of Section 142 (5) of the Local Government Act, 2001 as amended by Section 53 (2) of the Local Government Reform Act 2014 the authorisation of the attendance of Councillors at conferences/seminars/ training courses is a reserved function. Accordingly it will be necessary for the Council to pass the following resolution:

“In accordance with Section 142 (5) of the Local Government Act, 2001 as amended by Section 53 (2) of the Local Government Reform Act 2014 attendance by Members at the conferences/seminars/training courses outlined in the foregoing report is hereby authorised.””

It was proposed by Councillor L. McCarthy, seconded by Councillor B. Saul and RESOLVED:

“That in accordance with Section 142 (5) of the Local Government Act, 2001 as amended by Section 53 (2) of the Local Government Reform Act 2014 attendance by Members at the conferences/seminars/training courses outlined in the foregoing report is hereby authorised.”

C/656/14 Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Approval of Nominations for Conferences and Training Courses

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

“CONFERENCES: 1. Aoife Conference, County Galway 14th – 15th November 2014 “That Dún Laoghaire-Rathdown County Council nominates Councillor Barry Saul to attend the Aoife Conference, Co. Galway; 14th – 15th November 2014.” 2. Nuclear Free Local Authorities All Ireland Forum, Dublin 2, 12th December 2014 “That Dún Laoghaire-Rathdown County Council nominates Councillor Deirdre Donnelly to attend the Nuclear Free Local Authorities All Ireland Forum, Dublin 2; 12th December 2014.”

TRAINING: 1. AILG: Inaugural Annual Conference 2014, Co. Cavan 29th – 30th October 2014 “That Dún Laoghaire-Rathdown County Council nominates Councillor Pat Hand, Councillor

13 Victor Boyhan and Councillor Gerry Horkan to attend the AILG: Inaugural Annual Conference 2014, Co. Cavan; 29th – 30th October 2014.””

Conference 1. Aoife Conference, County Galway It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire-Rathdown County Council nominates Councillor Barry Saul to attend the Aoife Conference, Co. Galway; 14th – 15th November 2014.”

2. Nuclear Free Local Authorities All Ireland Forum, Dublin 2 It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire-Rathdown County Council nominates Councillor Deirdre Donnelly to attend the Nuclear Free Local Authorities All Ireland Forum, Dublin 2; 12th December 2014.”

Training 1. AILG: Inaugural Annual Conference 2014, Co. Cavan It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire-Rathdown County Council nominates Councillor Pat Hand, Councillor Victor Boyhan and Councillor Gerry Horkan to attend the AILG: Inaugural Annual Conference 2014, Co. Cavan; 29th – 30th October 2014.”

C/657/14 Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Conference and Training Report Documents Submitted

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

“Members attended the following conferences/seminars/training courses approved by the Council:

Conf No. Conference Details Approved at meeting Councillors Conference Claim Attended Report Form Received Received 81/11 Time Management, Media & IT Skills, Celtic 12th September 2011 Councillor G. Horkan No No Ross Hotel, Rosscarbery, West Cork, 8th – 10th July 2011. 89/11 Councillors’ Training Seminar: The 12th September 2011 Councillor G. Horkan No No Councillor & The Local Government Environment Service, Hyland’s Hotel, Ballyvaughan, Co. Clare, 22nd – 23rd July 2011. 96/11 Councillors’ Training Seminar: The Local 12th September 2011 Councillor G. Horkan No No Government Planning Service, West Cork Hotel, Skibbereen, Co. Cork, 12th – 13th August 2011. 90/11 LAMA Autumn Seminar 2011, Clonea Strand 14th November 2011 Councillor G. Horkan No No Hotel, Dungarvan, Co. Waterford, 23rd – 24th September 2011. 108/11 A National Tourism Conference, Fall’s Hotel, 12th December 2011 Councillor G. Horkan No No Ennistymon, Co. Clare, 25th - 26th November 2011. 129/11 Waste Water Discharge Control Design, 12th December 2011 Councillor G. Horkan No No operation and Maintenance, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry, 11th – 13th November 2011. 03/12 Mid – West Regional Authority 17th Annual 12th March 2012 Councillor G. Horkan No No Conference, Falls Hotel, Ennistymon, Co. Clare, 16th – 17th February 2012.

14 Conf No. Conference Details Approved at meeting Councillors Conference Claim Attended Report Form Received Received 23/12 Destination Creation: A conference on the 12th March 2012 Councillor L. McCarthy No N/A Thinking and practice related to Place 12th March 2012 Councillor J. Bailey No N/A Making and Place Branding, Royal Marine 10th April 2012 Councillor M. Bailey No N/A Hotel, Dún Laoghaire, Co. Dublin, 6th –7th March 2012. 41/12 Nuclear Free Local Authorities Ireland 14th May 2012 Councillor G. Horkan No No Seminar – Nuclear Developments across the Irish Sea and Sustainable Energy Communities in Ireland, Council Chamber, Dundalk Town Hall, Co. Louth, 20th April 2012. 39/12 ACCC Annual Conference 2012, Newpark 11th June 2012 Councillor G. Horkan No No Hotel, Kilkenny, 10th – 11th May 2012. 11th June 2012 Councillor B. Ward No No 73/12 32nd Annual MacGill Summer School, 10th September 2012 Councillor G. Horkan No No Highland’s Hotel, Glenties. Co. Donegal, 22nd – 27th July 2012. 71/12 LAMA Autumn Seminar: The Challenge for 12th November 2012 Councillor G. Horkan No No Local Authorities - Can we do more with less?, Mount Errigal Hotel, Letterkenny, Co. Donegal, 28th – 29th September 2012. 85/12 Promoting and Protecting Human Rights in 8th October 2012 Councillor C. Devlin No N/A Ireland – The Role of the Irish Constitution and European Law, Presidents’ Hall, Law Society of Ireland, Blackhall Place, Dublin 7, 13th October 2012. 98/12 A.M.A.I. Spring Seminar 2013, Brandon 11th March 2013 Councillor G. Horkan No No House Hotel, New Ross, Co. Wexford, 15th – 16th February 2013. 05/13 Association of County and City Councils 11th March 2013 Councillor G. Horkan No No Annual Conference: “Wonderful Waterford”, Tower Hotel, Waterford, 7th - 8th March 2013. 11/13 Public Affairs Ireland Conference: A New 11th March 2013 Councillor L. McCarthy No N/A Future for Local Government in Ireland, The Westin Hotel, Dublin, 13th March 2013. 17/13 LAMA Spring Seminar 2013: Local 13th May 2013 Councillor G. Horkan No No Authorities in Ireland; New Challenges – New Opportunities, Ashtown Park Hotel, Gorey, Co. Wexford, 5th – 6th April 2013. 47/13 33rd Annual MacGill Summer School: 9th September 2013 Councillor G. Horkan No No “Looking to 2016 – How Stands The Republic?”, Glenties, Co. Donegal, 28th July – 2nd August 2013. 41/13 AMAI 101st Annual Conference, Inchydoney 14th October 2013 Councillor G. Horkan No No Lodge and Spa, Clonakilty, Co. Cork, 12th - 14th September 2013. 59/13 LAMA Autumn Seminar 2013: Local 14th October 2013 Councillor G. Horkan No No Authorities Driving Economic Development, The Falls Hotel, Ennistymon, Co. Clare, 11th – 12th October 2013. 24/14 “Folklore – Heritage – Tourism”: 25th 10th March 2014 Councillor G. Horkan No No Annual Tourism Conference, Falls Hotel, Ennistymon, Co. Clare, 21st – 22nd February 2014. 42/14 Association of County & City Councils 14th April 2014 Councillor G. Horkan No No Annual Conference. Slieve Russell Hotel, Ballyconnell, Co. Cavan, 6th – 7th March 2014. 89/14 Kennedy Summer School and Festival: 13th October 2014 Councillor P. Hand No No “History Repeats Itself”, New Ross, Co. Wexford, 11th – 13th September 2014. 91/14 Institute of Public Administration: Local 8th September 2014 Councillor K. Daly N/A No Authority Audit Committees – Induction Training Programme for Audit Committee Members, Institute of Public Administration, 57-61 Lansdowne Road, Dublin 4. 93/14 LAMA Autumn Seminar, Inishowen Gateway 13th October 2014 Councillor P. Hand N/A No Hotel, Buncrana, Co. Donegal; 17th - 18th Councillor G. Horkan N/A No October 2014 94/14 AILG, Inaugural Annual Conference 2014, 13TH October 2014 Councillor P. Hand N/A Yes Hotel Kilmore Cavan; 29th – 30th October 2014 Councillor V. Boyhan N/A Yes Councillor G. Horkan N/A No

15 Conf No. Conference Details Approved at meeting Councillors Conference Claim Attended Report Form Received Received 95/14 Kilkenomics Festival, Kilkenny 06th 10th November 2014 Councillor Ossain No No November – 09th November 2014 Smyth

96/14 Aoife Conference, Ballinasloe, Co. Galway 10th November 2014 Councillor Barry Saul No No 14th – 15th November 2014

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

The report of the Chief Executive was NOTED.

C/658/14 Proposed Disposal of Properties

Proposed Disposal of a Leasehold Interest in an area of Land at the New Library (LexIcon), Moran Park, Haigh Terrace, Dún Laoghaire, Co. Dublin

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DUIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL LD 2296

Proposed Disposal of a Leasehold Interest in area of Land at the New Library (LexIcon), Moran Park, Haigh Terrrace, Dún laoghaire, Co. Dublin to ESB Networks

An application was received from the Electricity Supply Board to acquire an area of land measuring circa 18.6 sq. metres for a substation at the New Library (LexIcon), Moran Park, Haigh Terrace, Dún Laoghaire with a 3 metre Wayleave area. The Substation is shown outlined in red and the Wayleave is shown highlighted in yellow on Drawing No. PL-14 -262.

The land is zoned “objective F” to preserve and provide for open space with ancillary active recreational amenities and “objective MTC” to protect, provide for and/or improve major town centre facilities and Specific Local Objective No.18 – to provide for a library and cultural amenities at Moran Park in the current Development Plan 2010-2016.

The Council acquired Freehold Title from the Commissioners of Public Works.

The ESB Substation and Wayleave have to be established for the completion of the new library development.

It is proposed to dispose of the area of land measuring 18.8 sq. metres with a 3 metre Wayleave area to ESB Networks by way of a 500 year lease for a nominal rent of €5 per annum, if demanded.

The indenture of leasehold interest is to contain a Covenant that the land will revert back to the Council if the area of land is no longer used as a substation.

This proposed disposal was tabled and noted at the Dún Laoghaire Area Committee Meeting (Planning & Enterprise and Transportation and Water Services) held on Monday 3rd November 2014.

It is proposed to dispose of a leasehold Interest in an area of land measuring circa 18.6 sq. metres as shown outlined in red together with a 3 metre wayleave shown highlighted in yellow on Drawing No. PL-14- 262, to The Electricity Supply Board in accordance with Section 211 of the Planning

16 and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001. terms and conditions as aforementioned.

Philomena Poole, Chief Executive, Dún Laoghaire-Rathdown County Council

Dated: 13th day of November 2014

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

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

C/659/14 Proposed Disposal of Properties

Proposed Grant of a Deed of Covenant (Collateral to a Deed of Charge) in favour of the Minister for Transport, Tourism and Sport Re: Grant towards the Construction of Changing Rooms at Rockfield Park, Newtownpark, Blackrock, Co. Dublin

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DUIN (Dún Laoghaire-Rathdown County Council).

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD 2287

Proposed Grant of a Deed of Covenant (Collateral to a Deed of Charge) in favour of the Minister for Transport Tourism and Sport Re: Grant towards the construction of Changing Rooms at Rockfield Park, Newtownpark, Blackrock, Co. Dublin

The Council was allocated a grant of €300,000 under the 2007 Sports Capital Programme for the construction of Changing Rooms used by Carraig Tennis Club at Newtownpark Lands (now known as Rockfield Park) measuring circa 1,357 sq. metres as shown outlined in red on Drawing No. PL-14- 086.

The area of land is zoned “F” to preserve and provide for open space with ancillary active recreational amenities in the current Development Plan 2010-2016. The land was acquired by the Council from the Vincentian Fathers in 1977 under Folio No. 9392F. In order for the Minister for Transport Tourism and Sport to release the Grant of €300,000 to the Council, the Council is required to enter into a Deed of Covenant (Collateral to a Deed of Charge) for a period of 15 years with the Minister for Transport Tourism and Sport. The Deed of Covenant (Collateral to a Deed of Charge) to be registered in the Property Registration Authority.

The Council’s Parks and Landscape Department has no objection to the proposed grant of a Deed of Covenant (Collateral to a Deed of Charge) to the Minister for Transport Tourism and Sport.

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

The following terms and conditions to apply: 1. The Council shall grant to the Minister for Transport Tourism and Sport a Deed of Covenant for all sums owing and due from time to time and covenanted to be paid in respect of future advances to the Council which said Charge shall be registered in the Property Registration Authority as a burden on the property.

17 2. The Council to make a contribution in the amount of €400 towards the Minister’s legal costs on the execution of this Deed.

3. The Covenantor have designated the said property to be a local Tennis Club (hereafter called “the Grant Aided Property”) as a major facility for the playing of tennis and associated social recreational and cultural activities for the people of Blackrock and the surrounding district.

4. The Covenantor has requested a Grant of €300,000 (three hundred thousand euro) ( herein after called “the Grant”) from the Minister in respect of assisting towards the further development of the said Grant Aided Property and the provision of the facilities involved.

5. That the Grant Aided Property (including all additions and improvements thereto or thereon and all new buildings and new works to be erected thereon) shall be held by the Covenantor(s) for a term of fifteen years from the date of the last payment of any Grant payment (or any instalment of any Grant payment) for the purposes hereinafter in the next paragraph set out subject to the terms and conditions hereinafter contained.

6. If the Covenantor require at any time to use the Grant Aided Property or any part thereof for the purpose other than those hereinbefore specified or desire to be relieved from the trusts and the provisions hereof and so inform the Minister in writing or if it fails to observe or perform the provisions hereof or if the Minister shall be satisfied and shall so certify that the Grant Aided Property has ceased to be used for the playing of Tennis and associated social recreational and cultural activities for the people of Blackrock and the surrounding district then and in any such event upon written demand by the Minister to the Covenantor the Covenantor shall repay to the Minister the balance of the grant or grants paid and to that end the Covenantor shall thenceforth hold the grant aided property and all the buildings and structures and fittings therein upon trust for sale of mortgage to raise an amount sufficient to repay the balance of the grant or grants or so much thereof as may be specified in the notice from the Minister and a receipt from the Minister for the amount so paid shall be a sufficient discharge to any purchaser or mortgagee and on payment of the amount aforesaid the Covenantor shall be relieved from the trust and conditions hereby imposed. The provisions of this clause shall cease to have effect fifteen years from the date of the last payment of any grant payment (or any instalment of any grant payment).

7. That the Covenantor concurrently shall enter into a Deed of Charge with the Minister to be registered in the Property Registration Authority in the prescribed form which will be collateral to this Deed.

This proposed grant of a Deed of Covenant (Collateral to a Deed of Charge) was tabled and noted at the Dún Laoghaire Area Committee Meeting (Planning & Enterprise and Transportation and Water Services) held on Monday 3rd November 2014.

It is proposed to grant a Deed of Covenant (Collateral to a Deed of Charge) in favour of the Minister for Transport Tourism and Sport for a grant towards the construction of changing rooms in the area of land measuring circa 1,357 sq. metres at Rockfield Park, Newtownpark, Blackrock, Co. Dublin, as shown outlined in red on Drawing No. PL-14-086, to be used by Carraig Tennis Club at Newtownpark Blacrock, Co. Dublin, in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

Philomena Poole, Chief Executive, Dún Laoghaire-Rathdown County Council

Dated: 13th November 2014”

18 It was proposed by Councillor C. Devlin, seconded by Councillor B. Saul and RESOLVED:

“That the proposed deed of covenant (collateral to a deed of charge) as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/660/14 Proposed Disposal of Properties

Proposed Granting of a Leasehold Agreement for a period of 4 years and 9 months to the Dun Laoghaire Bowling Club, Eglinton Park, Dún Laoghaire, Co. Dublin

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DUIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL LD 2317

Proposed granting of a Leasehold Agreement for a period of 4 years and 9 months to the Dún Laoghaire Bowling Cub, Eglinton Park, Dún Laoghaire, Co. Dublin

The Council’s Parks Department in conjunction with the Dún Laoghaire Bowling Club have to date issued Yearly Licence Agreements to the Dún Laoghaire Bowling Cub, Eglinton Park, Dún Laoghaire, Co. Dublin. The current Licence Agreement covered the period from 1st July 2013 to 31st of May 2014 and has expired. The Council’s Parks Department now proposes to grant a Lease agreement for a period of 4 years and 9 months under the same terms and conditions as the former Licence Agreement to The Dún Laoghaire Bowling Club for the use of the Bowling Green, Club House and Car Park at Eglinton Park, Dún Laoghaire, Co. Dublin. The land measures circa 3,525 sq. metres and is shown outlined in red on Drawing No. DRP2039.2.

The land is zoned “F” to preserve and provide for open space with ancillary active recreational amenities in the current Development Plan 2010-2016.

The Council is the Freehold Title holder under Folio 198043F in the Property Registration Authority.

The proposed disposal is by way of a Leasehold Agreement for a period of 4 Years and 9 months.

The following Terms and Conditions to apply:

1. The Council is registered as the owners of certain lands and premises known as the Bowling Green, Clubhouse and Car Park at Eglinton Park, Dún Laoghaire in the County of Dublin.

2. The said lands contain an all-weather Bowling Green, Clubhouse and Car Park, more particularly shown as outlined in red on Drawing No. DRP2039.2 attached hereto.

3. The County Council is desirous of granting a lease for the use at any time on the said Bowling Green, Clubhouse and Car Park at Eglinton Park, Dún Laoghaire to the Lessees as Trustees for the time being of the Dún Laoghaire Bowling Club subject to the terms and conditions hereinafter set forth.

4. The Trustees in this Lease are the Trustees for the time being of the Dún Laoghaire Bowling Club (hereinafter called “the Club”) and are also referred to herein as the Lessees.

5. In accordance with the Constitution and Rules of the said Club, new Trustees may be appointed at the Clubs A.G.M. who will take responsibility for the time being for this Lease

19 Agreement.

6. The Council shall remain in exclusive possession and occupation of the said lands and premises and it is hereby agreed and declared that the relationship of Landlord and Tenant is not and shall not be deemed to be created by the Lease hereby granted and that the Lease granted is personal to the Trustees of the said Club. This Lease is not intended nor shall it operate or be deemed to operate either in law or in equity as a demise of any property the subject of this Lease nor shall the Lessees have or be entitled to have any estate right or interest in any property the subject of this Lease nor shall the relationship of Landlord and Tenant exist or arise or be deemed to exist or arise between the parties hereto. This Lease is not intended to confer and shall not confer any right to exclusive possession of the Leased Property on the part of the Lessees and nothing shall be done to hinder the occupation of the Lessees or any third party of the Leased Property. Entirely without prejudice to the foregoing and without affecting any other provision of this Lease or the nature of the rights and obligations hereunder (which the Lessees acknowledge are as already described in this sub- clause) the Lessees hereby renounce and undertake not to raise or pursue any claim involving the assertion of an entitlement to a tenancy of the Leased Property or any part thereof, whether pursuant to statute or otherwise, and hereby warrant and confirm that the Lessees have prior to the execution of this Lease received independent legal advice in relation to this sub-clause and the renunciation contained herein.

7. And the Council hereby grants to the Trustees as Lessees full liberty to use and occupy the said Bowling Green, Clubhouse and Car Park subject as hereinafter provided for the purposes of a Bowling Club from the 1st day of June 2014 to the 28th day of February 2019 which said premises (“the premises”) are more particularly shown outlined in red on Drawing No. DRP2039.2 attached hereto.

8. The Trustees as Lessees have agreed to pay the Council the sum of €7,380 (Seven Thousand Three Hundred and Eighty Euro) inclusive of VAT per annum in advance by way of equal quarterly instalments such payments to be paid by way of acknowledgement that this Lease exists only during the will and pleasure of the Council for the said period of 4 years and 9 months and that no right, title or interest whatsoever in the premises, proprietary, legal or equitable shall pass to the Trustees. The money shall be kept in a code specifically set up for the upkeep of the Bowling Green and Clubhouse to ensure its sustainability. The money shall be used for facilities maintenance on the Clubhouse and for the replacement of the Bowling Green carpet after a period of 12 years in accordance with the Business Plan. The Council will be responsible for the procurement of suitable contractors to undertake any repair works to the facility.

9. The Council shall permit the Trustees as Lessees to use and occupy the said Bowling Green, Bowling Clubhouse and Car Park for the purposes of this Lease and the supply of teas and refreshments in connection therewith to members, players and supporters of visiting teams subject to the conditions hereinafter as set forth.

10. The premises shall be used as an all-weather Bowling Green and for no other purpose except aforesaid it shall be kept open for use by members of the Public in accordance with the terms of this Lease.

11. The Trustees as Lessees shall be required to act as Caretakers, without salary, of the said premises during the continuance of this Lease.

12. The Trustees as Lessees, in consideration of the grant of this Lease hereby agree in covenant with the Council as follows: a. Subject as hereinafter provided to pay to the Council Finance Office, County Hall, Dún Laoghaire, Co. Dublin the Lease fee in advance during the period of this Lease by way of equal quarterly instalments.

20 b. The Trustees as Lessees shall be liable for all rates and taxes that may apply to the property. c. Not to permit any person other than their duly authorised Agents and Servants to avail or make use of the Lease or of any rights thereby conferred or to use or occupy the said Bowling Green, Bowling Clubhouse and Car Park for any purpose other than for the purposes for which this Lease is granted. d. The lockers may be provided at the Trustees expense in the women’s and men’s changing rooms in which jewellery and valuables, the property of persons frequenting and using the said premises may be kept and the Trustees shall indemnify the Council in regard to any loss or damage to jewellery and valuables. e. Gambling, hawking and the running of any Lottery or any illegal practice in or on any portion of the said premises shall be strictly prohibited. f. The Trustees shall comply with directions as to the user of the Bowling Green and the Bowling Clubhouse or any of them which the Council may make through its servants or agents. g. The bowling green shall be kept open every day during the term of this lease from 10.30am to two hours after sunset in the annual period from the 1st day of January to the 31st December inclusive, subject to the following regulations:- 1. No players shall be allowed onto the said Bowling Green, unless wearing suitable shoes in accordance with the Bowling Green manufacturer’s details and the terms of the warranty. 2. Players shall be required to use a mat when bowling. 3. When frost, ice or snow is visually present on the Bowling Green, all play must be suspended until it has cleared and the green is in a suitable condition for play. 4. Non players shall not be allowed onto the Bowling Green. 5. Dogs shall not be allowed onto the Bowling Green or enclosures. 6. No person shall be allowed to throw, place or deposit upon the Bowling Green or within the enclosures, stones, sticks, paper, rubbish or other articles, substances or things not being necessary or an accessory to the game of Bowls. 7. The Trustees as Lessees shall be held responsible and must make good for any damage caused to the Clubhouse Bowling Green and enclosures by members of the said Bowling Club and persons using the said facilities with the consent of the Trustees. 8. Any person or persons contravening any of these provisions above shall be removed from the said premises by the Trustees and be prohibited from using the said Green and Bowling Clubhouse within such period as the Trustees shall think fit. 9. The Club shall take out and maintain at its own expense a policy of Public Liability Insurance sufficient to meet any one claim of up to €6.5 million to cover persons on the premises and shall take out and maintain an appropriate Employer’s Liability Insurance in the sum of €13 million for any one claim for any person whom the Club may from time to time retain to work at or on said premises. h. The Bowling Clubhouse shall be available for use one night per week for community use with the appropriate fee payable to the Club to cover running costs. Bookings shall be made directly with the club. i. The Trustees as Lessees shall not interfere with the Council or its duly authorised Servants or Agents who shall continue at all times during the period of this Lease to enter upon and inspect the said premises. The Club may give or leave Notice in writing of all or any defects and wants of repair there found under this Lease and the Council shall sufficiently repair and make good such defects and wants of repair. The Trustees as Lessees shall be responsible for the safety of all persons using or frequenting the said

21 premises with the consent of the Trustees.

j. The Club shall be responsible for keeping the exterior of the said Bowling Green and Clubhouse and the structure of same in good repair and condition and shall so maintain the Bowling Green. The Trustees as Lessees shall notify the Council of any want of repair to the said Clubhouse and Bowling Green.

k. The Trustees as Lessees shall at all times fully compensate the Council for any loss, accident or damage of any nature whatsoever to the Council property and keep the Council indemnified against all expenses, accidents, claims and and demands of any nature arising from the use of the said premises.

l. The Council shall in addition to paragraph 9 herein insure the said premises against fire, lightning, explosion by domestic gas, flood damage including damage caused by burst or over flowing pipes save and except damage where such is caused by the negligence of the Trustees.

m. The Trustees as Lessees shall keep the interior and exterior of the said Bowling Green, Clubhouse and Car Park clean and tidy and provide receptacles for the disposal of litter and refuse and not cause it to be in any breach of the Litter Pollution Act, 996.

n. The Trustees as Lessees shall not permit the sale or consumption of intoxicating liquor or spirits of any description on the said premises.

o. The Trustees as Lessees shall not do any act or thing which shall be or may be or become a nuisance or annoyance to the Council, the occupier of the dwellings adjacent to the said premises or the general public.

p. The Trustees as Lessees shall only permit the playing of music in or on the said premises at times and at a sound level so as not to be a nuisance or annoyance to the occupiers of the adjacent premises or the public subject to the approval of the Council.

q. The Trustees as Lessees shall not permit any person to reside in or on the said premises.

r. The Trustees as Lessees shall not erect any advertising signs or hoardings on the premises.

s. The Trustees as Lessees shall remove all property belonging to the Trustees from the said premises on the expiration or sooner determination of this Lease.

t. The Trustees as Lessees shall insure and keep insured any of the Trustees goods or property kept or stored in or on the said premises against all insurable risks and in particular against fire and public liability for the full value of same and the Trustees as Lessees hereby indemnify the Council against any loss or damage to such property during the period of this Lease.

13. On the 28th day of February 2019 the Trustees as Lessees, their servants and agents will peacefully and quietly vacate the premises.

14. It is hereby agreed that the Lease may at any time be terminated by the Council by giving the Trustees as Lessees 7 days Notice thereof in writing ending on any day and upon the termination of such Notice this Lease shall be deemed to be rescinded and withdrawn without liability for payment of compensation and on such determination or the termination of this Lease for any other cause the Trustees as Lessees shall forthwith proceed at their own cost and expense and to the satisfaction of the County Council of the County of Dún Laoghaire- Rathdown remove all their belongings from the said premises and hand over vacant possession thereof to the Council provided always that in the event of any breach of the

22 covenant or conditions on the part of the Trustees herewith contained it shall be lawful for the Council by giving 7 days Notice in writing forthwith to revoke and determine this Lease under any covenant or condition herein before contained and any Notice to be given by the Council to the Trustees shall be given by ordinary post to the Trustees at the address herein mentioned.

15. Access to and from the car park shall be controlled in the following manner:- The Club shall be responsible for securing the premises including the locking of gates.

16. The Club shall be responsible for the cleaning and maintaining of the all-weather Bowling Green, Bowling Clubhouse and Car Park including the removal of graffiti. The Council shall be made aware of any damage or vandalism of the facility within a reasonable period of time.

17. The Club shall maintain and manage the all-weather Bowling Green strictly in accordance with the manufacturer’s instructions and the conditions of the warranty.

18. The Club will be responsible for maintaining the exterior of the building including the grass, shrub and general landscaped areas. The Council will undertake an annual clear out of shrub beds. The Council will be responsible for procuring a contractor to undertake routine maintenance of the landscaped areas if the Club does not maintain these to an appropriate standard as decided by the Parks Superintendent. All costs associated with this maintenance will be paid for by the Club.

19. The Council may by Notice in writing to the Club advise of any breach of condition herein contained or of any failure to observe and perform any of the terms and covenants of this agreement and shall allow a period of twenty eight days for the Club to make good or put right said breach of condition. Should the Club subsequently fail to amend the breach, the Council may by notice in writing to any of the Trustees of the Club, cancel this Agreement and revoke this lease, provided the said breach is not of a minor nature. In the event that agreement cannot be mutually agreed upon then the matter shall be referred to a single arbitrator to be mutually agreed by the Club and the Council. In the event of failure to agree on a mutually acceptable arbitrator, one shall be appointed by the Incorporated Law Society.

20. The Club must take particular care to ensure that all activities on the Green are of a safe nature and so conducted as to ensure that no unnecessary hazard is caused to participants, spectators or Club users and that any equipment brought on to the Green is safe and in good order for the purpose of which they may be used.

21. The Club shall at all times maintain proper order and conduct on the Bowling Green and in the Clubhouse and shall exclude from these any person whose conduct is not proper, orderly and decent. For these purposes, and without the imposition of any liability on the Club whatsoever, the Council authorises the Club to exclude any such person from the property owned by the Council in the vicinity of the Bowling Green, Clubhouse and Car Park.

This proposed disposal was tabled and noted at the Dún Laoghaire Area Committee Meeting (Planning & Enterprise and Transportation and Water Services) held on Monday 3rd November 2014.

It is proposed to grant a Leasehold Agreement for a period of 4 years and 9 months in the area of land measuring circa 3,525 sq. metres at Eglinton Park, Dún Laoghaire, Co. Dublin, as shown outlined in red on Drawing No. DRP2039.2, to the Dún Laoghaire Bowling Club, Eglinton Park, Dún Laoghaire, Co. Dublin in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

Philomena Poole, Chief Executive, Dún Laoghaire-Rathdown County Council

23 Dated: 13th day of November 2014”

It was proposed by Councillor P. Stewart, seconded by Councillor M. Merrigan and RESOLVED:

“That the proposed granting of a leasehold agreement as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/661/14 Proposed Disposal of Properties

Proposed Disposal of Leasehold Interest in Council owned Land adjacent to (details supplied)

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DUIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL LD 2265

Proposed disposal of Leasehold Interest in Council owned land adjacent to (details supplied)

During the 1980’s it was recommended that consideration be given to incorporating a number of the small open spaces in the Ballybrack area (Coolevin, Oakton, Willowvale, and Pinewood etc.) into adjoining gardens as they were irregular in shape and in difficult locations making them expensive to maintain. The householders of (address supplied), applied to have such a piece of open space, a grass verge to the side of their house, incorporated into their garden and their application was recommended for approval. While the piece of ground has been incorporated into their garden since the late 1980’s, it would appear the land was never formally transferred.

At the Dún Laoghaire-Rathdown District Committee Meeting held on the 20th January 1988 a report on the allocation of such open spaces was discussed and agreed. There is no record that a report was placed before full Council for a formal decision.

Representations have now been made on behalf of (details supplied) to have the plot of land measuring circa. 92.46 sq. metres as shown outlined in red on Drawing No. PL- 14-194 already incorporated into her garden formally transferred.

The land is zoned “A” to protect and/or improve residential amenities on the current Development Plan 2010-2016.

The land is registered in the Land Registry, Co. Dublin to the Council under Freehold Folio No. 2524.

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

The following terms and conditions to apply:

1) Dún Laoghaire-Rathdown County Council requires that a 6.0 metre wayleave (3.0 metres on either side of the 225mm foul sewers) this shall be entered into the Leasing Agreement.

2) That no permanent or temporary structure is constructed within this wayleave area without the written permission of the Area Engineer Water Services, Ballyogan Depot.

24 3) No excavation shall take place or overburden placed within this wayleave area without written permission of the Area Engineer Water Services, Ballyogan Depot.

4) The positions of, size of and type of fence, walls, gates etc. to be agreed with the Area Engineer Water Services, Ballyogan Depot.

5) To permit the County Council, its agents and workmen 24 hour access with or without vehicles to enter upon this area at all times by day and by night, as often as may be necessary, to carry out all necessary works and excavations of all or any of this area for the maintenance, repair and replacement of the services or any works associated with it, making good any damage thereby occasioned but not being responsible for any temporary inconvenience caused by such work. Access to the wayleave area shall be maintained at all times.

6) That grass and shrubs only be planted in this area. Not to plant or place trees of any kind what so ever in this wayleave area.

7) The title to be conveyed shall be Leasehold Interest only, for a term of 250 years subject to a rent of €5.00 per annum if demanded.

8) The purchasers will be responsible for the Council’s Legal costs.

9) No agreement enforceable at law is created or is intended to be created until an exchange of contracts has taken place.

This proposed disposal was tabled and noted at the Dún Laoghaire Area Committee Meeting (Planning & Enterprise and Transportation and Water Services) held on Monday 3rd November 2014.

It is proposed to dispose of Leasehold Interest in a plot of Council owned land adjacent to 43 Willow Vale, Ballybrack, Co. Dublin, measuring circa. 92.46 sq. metres as shown outlined in red on Drawing No. PL- 14-194 to Paul Daly and Norah Daly in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the terms and conditions as aforementioned.

Philomena Poole, Chief Executive, Dún Laoghaire-Rathdown County Council

Dated: 13th day of November 2014

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

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

C/662/14 Proposed Disposal of Properties

Proposed Granting of a 4 year and 9 month lease of the former Waste Depot, Bracken Road, Sandyford, Co. Dublin to D&H Landscape Providers, Tracey’s Yard, Old Clonkeen Road, Cabinteely, Co. Dublin

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RATH AN DUIN (Dún Laoghaire-Rathdown County Council).

25 TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD 2321

Re: Proposed Granting of a 4 year and 9 month Lease of the Former Waste Depot, Bracken Road, Sandyford, Co. Dublin to D&H Landscape Providers, Tracey’s Yard, Old Clonkeen Road, Cabinteely, Dublin 18

Following the transfer of operational staff from the former Waste Depot at Bracken Road, Sandyford to the Ballyogan Depot the Council is proposing to lease the vacant offices and yard for a temporary period until such time as the market improves.

The vacant offices and yard comprises of an area of land measuring circa. 0.97 hectares as shown outlined in red on Drawing No. PL-14-223.

The land is zoned “LIW” to improve and provide for low density warehousing/ light industrial warehousing uses in the current Development Plan 2010-2016.

The land is registered in the Land Registry Co. Dublin to the Council under Folio 15252 and was acquired in 1972 for the Development of the Sandyford Industrial Estate.

Lisney Limited, 24 St.Stephen’s Green, Dublin 2 was appointed to market and let the property on the open market. Landscape Providers, Tracey’s Yard, Old Clonkeen Road, Cabinteely, Dublin 18, inspected the site and following a cost analysis made a final rental offer on the entire site for an annual rent of €65,000 plus any other applicable charges for a period on 4 years and 9 months. Landscape Providers Limited currently employs 4 staff and the proposed tenancy would add another 3 jobs. The Council agreed in principle to accept this offer.

The following terms and conditions were agreed by Lisney Limited and the Council:

1. That D&H Landscape Providers, Tracey’s Yard, Old Clonkeen Road, Cabinteely, Dublin 18, will lease the property from the Council for a term of 4 years and 9 months. The tenant will take the property as seen and with vacant possession.

2. The rent per annum will be €65,000 (sixty five thousand euro) per annum plus any other applicable charges.

3. Any VAT and/or Stamp Duty arising on the completion of this transaction will be the responsibility of the tenant.

4. Each party will be responsible for their own legal and agent costs.

5. The Council will require certified final accounts from the proposed tenant together with bank and trade references.

The relevant Council service departments have no objections to this disposal.

This proposed disposal was tabled and noted at the Dundrum Area Committee Meeting (Planning & Enterprise, Transportation and Water Services) held on Wednesday 29th October 2014.

It is proposed to dispose of the Council’s Interest by way of a 4 year and 9 month Lease in an area of land measuring circa 0.97 hectares at the Former Waste Depot, Bracken Road, Sandyford, Co. Dublin, as shown outlined on Drawing No. PL-12-185, to D&H Landscape Providers, Tracey’s Yard, Old Clonkeen Road, Cabinteely, Dublin 18, at the rental amount of €65,000 per annum plus any other applicable charges, in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001.

26 Philomena Poole, Chief Executive, Dún Laoghaire-Rathdown County Council

Dated: 13th day of November 2014”

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

“That the proposed granting of a 4 year and 9 month lease as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/663/14 Proposed Disposal of Properties

Disposal of Fee Simple Interest to Lessees who purchased under Tenant Purchase Scheme in accordance with Section 183 of the Local Government Act 2001

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DHÚN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL LOCAL GOVERNMENT ACT 2001 - SECTION 183 LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978

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

It is proposed to dispose of the fee simple interest to the lessees of the dwellings set out hereunder. The purchase price calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment, Heritage and Local Government will be twenty times the annual ground rent. The sites in question are shown outlined in red on the drawing, which will be submitted to the meeting. The Law Agent has advised that the lessees are entitled to purchase the fee simple interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment Heritage and Local Government. A fee of €25.39 will be payable for the issue of the Transfer Order as per Circular Letter H33/78. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the fee simple.

NAME DWELLING ANNUAL GROUND RENT £ € (name withheld) (address withheld) 0.05p 0.06c (name withheld) (address withheld) 12.00p 15.23c

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: 20th November 2014 SIGNED: Tom McHugh DIRECTOR OF HOUSING

27 It was proposed by Councillor B. Saul, seconded by Councillor J. Madigan and RESOLVED:

“That 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/664/14 Chief Executive's Report submitted in accordance with Section 20 of the Planning and Development Act 2000 (as amended) in respect of the Draft Blackrock Local Area Plan.

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

“The Chief Executive’s Report, prepared in accordance with the provisions of Section 20 (3) of the Planning and Development Act 2000 as amended, was circulated to Members on 18th November, 2014.

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

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

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

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

Timetable The 6 weeks for considering the Chief Executive’s Report started when the Report was issued to the Members in this case 18th November, 2014. The Report must be considered within 6 weeks i.e. by Monday 6 January 2015.

It is recommended that the Council pass the following resolution:

Resolution Having considered the Chief Executive’s Report submitted to the Council in accordance with the provisions of Section 20 of the Planning and Development Act 2000 (as amended) in relation to the submissions and observations received in relation to the Draft Blackrock Local Area Plan and having approved the amendments to the Draft Blackrock Local Area Plan as recommended in the Chief Executive’s Report, Dún Laoghaire-Rathdown County Council hereby resolves to make the Blackrock Local Area Plan subject to the approved amendments.

28 The foregoing report, together with a list of Minor Amendments, is submitted for the approval of the Members.

Proposed Minor Amendments to Draft LAP

Page 3 Acronyms Amend “SAC Special Area of Conservation” to read cSAC Candidate Special Area of Conservation

Page 8 Map 2 Extract from CDP Add to the map legend the County Development Plan symbol for “to protect and preserve trees and woodland”

Page 20 2.2.1 Designated Sites Amend in Paragraph 1 “SAC” to cSAC

Page 22 Objective NHC1 Amend Objective NHC1 from “SAC” to cSAC

Page 77 Section 9.4.2 Objective SF2 Amend Objective SF2 from “SAC” to cSAC”

Mr. D. McCulloch, A/Director of Planning and Enterprise outlined the details of the above and advised the Members that subject to the approval of the Council it was proposed to consider the Manager’s report page by page and that the motions already submitted would be considered in the order of the Manager’s report, together with any motions from the floor.

The Council AGREED the report and AGREED to the procedure as outlined by the A/Director of Planning and Enterprise.

An Cathaoirleach, Councillor M. Baker READ the following motions handed up from the floor.

Motion No. (1) from the floor: It was proposed by Councillor M. Baker and seconded by Councillor V. Boyhan:

“That the reference to Design Principle No 6 on page 30 of the Draft be deleted, together with any other reference in the Plan that relates to the creation of a visual connection between Rockfield Park and the Quaker Burial Ground.”

Motion no. (2) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors K. Gill and H. Lewis:

“To change PR2 on page 37 as follows: Change “additional bathing and recreational amenity infrastructure” to “public swimming pool” in line with SLO 9 of the County Development Plan.”

Motion no. (3) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors H. Lewis and K. Gill:

“To add PC7 on page 48 as follows: “It is the objective of the Council to make a distinct separate cycleway from Blackrock station to Williamstown bridge along the land between the boundary wall of the park and the railway tracks”.”

Motion no. (4) from the floor: It was proposed by Councillor O. Smyth and seconded by Councillor C. Martin:

29 “To add objective PT5 to Blackrock Lap as follows: “It is the objective of the Council to encourage the provision of an inbound bus lane on the Frascati Road.”

Motion No. (5) from the floor: It was proposed by Councillor D. Kingston, K. Feeney and M. Hanafin:

“Draft Blackrock Local Area Plan (Page77) SF1 andSF2 add in ‘any study or assessment undertaken shall also take into consideration the economic, social, cultural and environmental impacts of the S2S project’.”

Motion no. (6) from the floor: It was proposed by Councillor D. Kingston and seconded by Councillor K. Feeney and M. Hanafin:

“Draft Blackrock Local Area Plan Draft Page 31 DS16 add in ‘The merits of a one-way system through the proposed development will be investigated as part of any Traffic Impact Assessment’.”

Motion No. (7) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin, V. Boyhan and M. Baker:

“Motion to amend the Draft Blackrock Local Area Plan on page 16, in D11, in the second paragraph, to delete the words “endeavour to” after “The Councill will” and before “retain The Gate Lodge”.”

Motion No. 8 from the floor: It was proposed by Councillor B. Ward and seconded by Councillor D. Kingston:

“Motion on the Draft Blackrock Local Area Plan On page 49, in CP3, to insert the following words after the words “area in the future” and before the words “Any future development”, as they appear in the third last line:

“Consideration shall be given to developing a multi storey car park in the footprint of the existing (lower) public car park at Bath Place, adjacent to Deepwell and opposite Blackrock DART Station, to a height not exceeding the top of the buildings on Rock Hill/Main Street, and to include points of access and /or exit at Rock Hill/Main Street and Bath Place””

Motion No. (9) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin and V. Boyhan:

“Motion to amend the Draft Blackrock Local Area Plan In Drawing 2, to remove design principle 6.”

Motion No. (10) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin and V. Boyhan:

“Motion to amend the Draft Blackrock Local Area Plan On map 12, to amend the height restrictions on the site shaded in pink ( per map key 4 storeys) at St Teresa’s/ Dunardagh, to be graduated height restriction starting at three stories on the section adjacent to St Vincent’s Park, rising to four stories elsewhere.”

It was AGREED to proceed with the agenda and to come back to this item later in the meeting to allow the officials and the Members consider the motions handed up from the floor in relation to the Draft Blackrock Local Area Plan.

30 C/665/14 Planning & Development Act 2000, (as amended) Section 37E(5) National Rehabilitation Hospital Strategic Infrastructure Development - An application for the construction of a new 120-bed NRH facility at the hospital site on Rochestown Avenue and Pottery Road was received by An Bord Pleanala on 23rd October, 2014

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

LEGISLATION

Section 37E of the Planning & Development Act 2000, (as amended): “(1) An application for permission for development in respect of which a notice has been served under section 37B(4)(a) shall be made to the Board and shall be accompanied by an environmental impact statement in respect of the proposed development;

(4) The planning authority for the area (or, as the case may be, each planning authority for the areas) in which the proposed development would be situated shall, within 10 weeks from the making of the application to the Board under this section (or such longer period as may be specified by the Board), prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the area of the authority, having regard in particular to the matters specified in section 34(2);

(5) The manager of a planning authority shall, before submitting any report in relation to a proposed development to the Board under subsection (4), submit the report to the members of the authority and seek the views of the members on the proposed development.

(6) The members of the planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the authority; where the members so decide those recommendations (together with the meetings administrator’s record) shall be attached to the report submitted to the Board under subsection (4).

(7) In subsection (6) ‘the meetings administrator’s record’ means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development.”

An Bord Pleanala have requested Dún Laoghaire Rathdown County Council report on the proposed development by the 12th January, 2015. This report follows the Guidelines for Planning Authorities on 7th Schedule Strategic Infrastructure Developments, by An Bord Pleanala.

PROPOSED DEVELOPMENT

This is a proposal for the construction of new hospital buildings totaling c.17,834 sqm gross floor area (gfa) overall, including:  A new hospital building entrance (c.3,002 sq m gfa) of 3 storeys, which includes the new Hydrotherapy Unit, Sports Hall and Fitness Gym.  A new 4-storey ward block comprising 120 no. single rooms (replacement beds) in a number of discrete wards at each floor (c.14,356 sq m total gfa, with no net change in existing number of hospital beds at NRH). Plant at roof level.  New 3-bed Independent Living Training Unit;  A new internal 4-storey ‘hospital street’ which runs east-west along the back of the proposed new entrance concourse and provides access to the new wards at each level.  The ‘hospital street’ also provides links to the existing NRH buildings at levels 0 and level 1.  Minor extension and modifications required to the existing building to allow for these connections.

31  Extension to the existing building (c.52 sq m) to provide a classroom, to replace the classroom to be demolished.  Refurbishment works to the existing hospital buildings (c.259 sq m) associated with the proposed development, including minor fire upgrade works to some existing corridors and provision of temporary fire escape routes and external stairs (c.14 sq m) to existing buildings during construction.

And, all associated and ancillary site development works including:  Demolition of c.1,635 sq m of existing hospital related structures including: Doctor’s Residence (habitable dwelling); St Luke’s, Spinal Injuries Ireland; Classroom; Multipurpose Room; Sports Hall and associated buildings.  Excavation of part of the site to accommodate the new building and the disposal of excavation material locally (c.33,000m3) at an area within the western part of the overall site. This will raise the site levels in that area by between 0-3.5 metres depending on location. Approximately 14,000m3 of excavated material to be removed off site.  Demolition of the existing wall from the eastern boundary, along Rochestown Avenue, west as far as the existing main vehicular entrance/egress.  Construction of a new boundary wall set back 5.5m from the current northern site boundary, footpath and grass verge, to accommodate future improvement works with ancillary footpath and cycle facilities to be developed by Dun Laoghaire Rathdown County Council along Rochestown Avenue.  Reconstruction of existing vehicular ‘entrance only’ and associated pedestrian gate between the Convent house and the main hospital building on Rochestown Avenue;  Closure of the existing main vehicular entrance/egress and reconstruction of the Pedestrian entrance with associated pedestrian facilities and signalised pedestrian crossing, beside the existing bus shelter on Rochestown Avenue;  Reconstruction of an existing unused pedestrian gate to ‘St Lukes’ as a new vehicular ‘entrance only’ to the development and the closure of a second unused pedestrian gate to the east, to be integrated with proposed new boundary condition along Rochestown Avenue.  Closure of existing main access off Pottery Road serving NRH following completion of the construction of the development.  Removal of the existing vehicular entrance intended to serve as future access to NRH at Pottery Road constructed by the Local Authority as part of its Pottery Road improvement works. Construction of a new barrier controlled secondary vehicular entrance/egress (staff and service/delivery vehicles only) and new gated bicycle and pedestrian entrance/egress further east along Pottery Road.  Provision of a new pedestrian and cycle route extending north-south within the hospital grounds connecting Rochestown Avenue and the new Pottery Road entrance, with associated pedestrian and cycle facilities, road markings, signage, lighting, etc. The pedestrian and cycle route will be operational from 7am to 6pm (October to March) and 7am to 8pm (April to September) daily, except on 12th September each year when it will be closed.  Works to facilitate the use of existing Pottery Road vehicular entrance, to the east of the proposed new entrance, as a temporary construction route, to be closed upon completion of the proposed development.  Provision of drop-off and set down areas to the front forecourt of the new hospital building.  Reorganisation of the existing car parking areas, including extension/ reconfiguration and upgrading of both western and eastern surface car parks, with no overall net change in existing number of car parking spaces (290 no. spaces in total remain on site).  Provision of new service compound and yard at the location of the existing sports hall and associated buildings that are proposed to be demolished.  Provision of new waste compound to the south of the existing hospital buildings.  Improvement works to internal road layout, signage and markings to serve the development, minimise unnecessary vehicular movement and prevent casual parking through the site.  64 no. new bicycle parking spaces.  The diverting of an existing 225mm water main dissecting the site of the proposed hospital building to a location running along the south east boundary, with associated wayleave relocation;

32  Landscaping and boundary treatments through the application site.

SITE DESCRIPTION/ CONTEXT

This site comprises the grounds of the National Rehabilitation Hospital, which is accessed primarily from Rochestown Avenue and has a stated site area of 8.4 hectares. Included within the site area are existing hospital buildings, from various ages, and range in height from one to three storeys. The main building complex is located centrally within the overall hospital site with surface car parking provided at various locations throughout and surrounding the main hospital buildings. A significant portion of the site remains as open space. The site rises by approximately 10m from west to east (from Pottery Road up to Rochestown Avenue).

To the north east the site is bounded by Rochestown Avenue, on the opposite side of which are largely low-density mature residential areas, a Council Transportation Department Depot and Sallynoggin Park. The Rochestown Avenue / Sallynoggin Road junction is also located immediately to the north east of the site.

To the east of the site is a residential area, comprising detached dwellings which front onto Rochestown Avenue. To the rear of these dwellings is a green area zoned “F”.

To the south east of the site is Amgen and there is a landscaped berm in place along the site boundary between the two properties. To the south west, the site is bounded by Pottery Road (currently being upgraded), on the opposite side of which is the mature residential area of Mackintosh Park, comprising mostly terrace and semi-detached houses. Also located on the opposite side of Pottery Road at this location is the existing site of BD Patel Consumer Healthcare.

ZONING OF SITE

Variation No.12 of the 2010-2016 Dun Laoghaire-Rathdown County Development Plan as adopted on the 8/4/13 zoned part of the site ‘MH’ ‘To improve, encourage and facilitate the provision and expansion of medical/ hospital uses and services. Part of the site is also zoned “E” To provide for economic development and employment on the lands adjacent to Amgen and onto Pottery Road.

Variation No.12 applies ‘Specific Local Objective 31’ to the ‘MH’ lands. This requires: “As part of the redevelopment of the National Rehabilitation Hospital a dedicated open space /recreational area shall be provided. The location and size of the area shall be agreed with the Planning Authority, to include details of the level of public accessibility, which will be appropriate to, and consistent with, the specialist rehabilitation services provided through the hospital.

It further requires: “Any future redevelopment of the site shall also include the provision of a pedestrian and cycle link to connect Rochestown Avenue to Pottery Road through the subject site.”

SLO 31 has removed the statutory requirement for a Masterplan for these lands.

Specific Local Objective No. 125 derives from Variation No.12, and states: “That a green buffer zone will be provided on the inside of the new boundary along Pottery Road on lands zoned 'E' and 'MH' under Variation No. 12. This green buffer zone will be extensively landscaped with trees and shrubs and will be 5 metres wide opposite ‘E' zoned lands and 9 metres wide opposite 'A' zoned lands.”

There continues to be an objective on the lands regarding the protection of trees and woodlands.

DETAILS OF OTHER RELEVANT PLAN PROVISIONS

A number of objectives are outlined for the road network surrounding the subject lands.

33 The Pottery Road Improvement Scheme PC/05/08 Part 8 which was approved in 2013 is currently under construction and will be finished shortly. The Compulsory Purchase (Pottery Road Improvement Scheme) Order 2012 was confirmed by An Bord Pleanala.

An entrance gate to the NRH lands has been constructed by the Local Authority which was granted permission under D12A/0452.

A Quality Bus Corridor and footpath and cycle facilities are proposed by the Local Authority along Rochestown Avenue (Dun Laoghaire- Rathdown County Development Plan, Map 7). There is a six year Roads Objective table 12.4 for Rochestown Avenue and Pottery Road.

PROTECTED STRUCTURES, ACAS ETC.

There are no Protected Structures on site and the site is not located within an Architectural Conservation Area.

RELEVANT NATIONAL, REGIONAL AND LOCAL POLICIES

The National Development Plan 2007-2013 (NDP) The National Development Plan 2007-2013 (NDP) made specific provision for the re-development of the National Rehabilitation Hospital in Dun Laoghaire, to increase the existing rehabilitation bed capacity. This was consistent with the policy of the Plan to correlate the location of and investment in significant health infrastructure with designated Gateways identified in the National Spatial Strategy.

Thus, a joint announcement was made in May 2012, by An Tánaiste that formally committed the provision of joint funding by the HSE and NRH Foundation to build a 120 single bed accommodation unit with integrated therapy facilities on the NRH Campus. This funding remains in place for the proposed development. Funding for further phases has not yet been identified.

The National Policy & Strategy for the Provision of Rehabilitation Services in Ireland 2011 - 2015 This National Policy & Strategy recognises that the rehabilitation services network must “deliver, in a managed way, a specific range of services to support the needs of patients”. The National Policy & Strategy recognises the strategic importance of the NRH and investment in its modernisation and the phased replacement is consistent with the objectives of this policy.

National Spatial Strategy 2002 - 2020 The National Spatial Strategy (NSS) was published by the Department of the Environment and Local Government in 2002. It sets out a twenty-year planning framework designed to deliver more balanced social, economic and physical development and population growth across Ireland. It informs all Regional Planning Guidelines and City/ County Development Plans. The policies contained within the NSS direct future development to key development centres and make commitments towards improving and maintaining the strategic transportation corridors which link the development centres. the proposed development complies with the policy objectives of the NSS. The proposed development provides a key piece of social infrastructure.

PLANNING HISTORY D12A/0452: Permission was granted for relocation of rear entrance at Pottery Road consisting of road carriageway, grass margin, online cycleway, pedestrian footpath, automated entrance gates and associated works. The entrance has been constructed by the Local Authority as part of the Pottery Road Improvement Scheme.

D10A/0580: Permission granted, but unimplemented to date, for the development of a 151 sq.m three storey extension to the rear of the existing National Rehabilitation Hospital. The purpose of the building is to provide additional space for the ward accommodation and for medical records.

34 D08A/0618: Permission was granted but unimplemented to date for the construction of a new National Rehabilitation Hospital facility and associated facilities totaling c.46,139 sq.m. Gross floor area (GFA). A principal hospital building measuring GFA c. 43, 488sq.m, accommodating 235 no. bedrooms and generally ranging in height from 2 to 6 storeys stepping back from Rochestown Avenue in to the site, is proposed southwest of the existing main hospital buildings and set back 29 metres from Rochestown Avenue. All facilities including proposed school are associated with the proposed redevelopment of the national rehabilitation facility.

The principal building can be divided for descriptive purposes into 3 no. blocks connected by internal corridors/link bridges at various levels. Proposed Block No. 1 (c.3,065 sq.m) is the hospital reception block, it will be 2-3 storeys in height and serves as the main entrance and reception area for the hospital, and includes a waiting area at ground level (Level 0) and a sports and recreation centre at basement level (Level -1) including 1 no. hydrotherapy pool, 1 no. Lap pool, gymnasium, internal shooting range, changing facilities and storage areas. Proposed Block No. 2 (c. 24,380 sq.m) is the hospital treatment block. It will be 1 to 6 storeys in height and is generally arranged around 4 no. landscaped courtyards and includes a Hospital Street running along the rear of the Block with access to Block No. 3. Proposed Block No. 3 (c. 16,043 sq.m) is the hospital wards block, it will be 1 to 5 storeys in height and will also be arranged around 4 no. landscaped courtyards. Block No. 3 includes hospital wards comprising accommodation and associated facilities for patients of the hospital. A single-storey school facility (c.1,931 sq.m) is proposed to the southwest of proposed Blocks No. 2 and 3 and this will be linked to Block No. 3 via an internal corridor and glazed single-storey canopy. The proposed development also includes the provision of a single-storey sustainable 'Energy Centre' (c.720 sq.m) to the southeast of proposed Block No.2.

The proposed development includes demolition of c.11,261 sq.m of the existing Hospital buildings generally single to three-storey in height, south of the existing main vehicular entrance, and also provides for demolition of single-storey building 'Villas Maria' (c. 135sq.m), The 'Gardeners House' (c.151 sq.m) and the 'Doctors Residence' (c.81 sq.m).

542 no. car parking spaces are proposed to serve the hospital complex. A total of 95 no. cycle parking spaces are proposed in the development. Vehicular access/egress to serve the development will be from two new locations off Rochestown Avenue, comprising a main vehicular entrance and a secondary deliveries/ service-only controlled access/egress, and from one new controlled access/egress off Pottery Road. An internal road network will serve the development connecting to proposed access points, generally running through the site in an east-west direction to provide vehicular access to the main surface level car park.

Permission was granted for an extended period of 8 years. The application had no objections and was not Appealed to An Bord Pleanala. This permission expires on the 4/9/16.

RELEVANT ENFORCEMENT INFORMATION RELATING TO THE SUBJECT SITE There are no current Enforcement issues on the site.

PREPLANNING. A series of preplanning meetings and presentations were held with the advisors to the National Rehabilitation Hospital and the Local Authority. Meetings were held in June 2013, January 2014, June 2014 and August 2014.

The main issues raised by the Planning Authority at these meetings were as follows:

The earlier meetings were in relation to: Design Master planning, phasing, design of new hospital wing accommodation, new entrance and connectivity to the existing hospital. SLO Preferred options for pedestrian / cycle route through the hospital lands from Pottery Road to Rochestown Ave, and the management / operation of the route.

35 The later meetings were in relation to the detail of:

Rochestown Ave  Development Plan Objective for 6 Year Road Improvement Scheme along Rochestown Ave, no detailed design scheme or approved Part 8  Issue of cost of works proposed along the boundary, and who would pay for the works, the NRH or Dun Laoghaire Rathdown County Council and/ or whether the works could be phased  In the absence of an approved Part 8, or its inclusion on any of the current capital works schemes / plans, NRH not prepared to fund works which would form part of a future Rochestown Ave Road Improvement Scheme  Need to include reservation for Rochestown Ave Road Improvement Scheme within the proposed development  What works were proposed to the existing boundary along Rochestown Ave  Advised that existing wall should be removed and new boundary located at new set back boundary  Advised that new boundary should include landscaping and footpaths which would serve the proposed development  Advised the photomontages should represent two scenarios with existing boundaries, proposed interim works & future road improvement works  Location of pedestrian crossings across Rochestown Ave to existing footpath on the northern side and impact on traffic flows

Pottery Road  Location of new entrance from Pottery Road in lieu of permitted entrance under Reg. Ref. D12A/0452  Boundary treatment along Pottery Road

SuDs proposals & rainwater harvesting

Other issues  Overall the Local Authority supported this application.  The general public have given a positive response to the proposed development.  New surface and water main connections are required.  Details have been discussed and agreed with Irish Water.  Issue with regards to the costs and quality of the finishes and set back onto Rochestown Avenue.  EIS has raised no substantial issues.  There would be no significant increase in no. of patients just an improvement in the accommodation provided.  3 floors onto Rochestown Avenue.  4 floors onto Pottery road.  Design generally considered acceptable.  Visually important how the corner at top of Sallynoggin Road onto Rochestown Avenue is treated.  Lighting of pedestrian route.  Bus stop to remain with wheelchair access.  SLO pedestrian link  Green space to be maintained.  Tree survey needs updating.  Green roof.

DETAILS OF PROPOSED DEVELOPMENT The proposed development consists of:

A) New four storey ward block comprising 120 beds in single rooms with en suites accommodated in a number of wards at each floor. Associated plant is located at roof level. This building will

36 also accommodate associated therapy rooms, the 3-bed Independent Living Training Unit and other patient and staff facilities. Due to changes in site levels across the site entry to this building from the north is at Level 1 and from the south is at Level 0. As such the building appears as a 3-storey structure from the vantage point of Rochestown Avenue, and 4 storey from other aspects.

B) New three storey Entrance Building, including also a new Hydrotherapy Unit, Sports Hall and Fitness Gym and ancillary facilities. Entrance level to the north is at Level 1. A double height entrance foyer is proposed and the building appears as a two-storey structure from this aspect. The other facilities are located at the level below, and the building appears as a 3-storey building from other vantage points.

C) New internal four storey ‘Hospital Street’ which runs east-west along the back of the new Entrance Concourse and forward of the wards. Access to the new wards is provided from the ‘Hospital Street’ at each level. The ‘Hospital Street is also linked to the new hospital entrance and connects at its western end with the existing hospital buildings at levels 0 and Level 1 via lifts and stairs. It has been designed with the potential to link to a future Phase 2 therapies block.

The proposed development constitutes Phase 1 of a multi-staged process involving the redevelopment of the NRH as a whole. It is the expectation of the applicant that the total redevelopment will generate a new purpose built National Rehabilitation Hospital of up to 235 beds. An 8 year planning permission is sought on the basis of the requirement to ensure that the NRH remains fully functioning during the construction stage.

The demolition works will include the demolition of a number of existing buildings on site, ranging from single to 3-storeys and including: Doctor’s Residence, St. Luke’s, Spinal Injuries Ireland, a classroom and a multi-purpose room, the existing sports Hall and associated buildings. In the case of the sports hall, this will not be demolished until the new Hydrotherapy Unit, Sports Hall and Fitness Gym have been constructed. The classroom will also only be demolished after a replacement has been built.

A number of other structures will also be removed or modified, and in some instances reconstructed in situ or at an alternative location. This includes site entrances, car parking areas, waste and service compounds.

INTERNAL LOCAL AUTHORITY REPORTS

All internal departmental reports are attached in full as appendices to this report. In summary the Parks Department report (Appendix A) stated that ‘the applicant’s comprehensive final submission is broadly in-line with the discussions at pre-application/consultation stage during meetings earlier this year, at which this department was represented.

In summary the Architects Department report (Appendix B) supports the proposed development and considers that the design of the buildings is of high quality. They have raised concerns about the interface between the proposed development and the adjoining public streets together with the provision of the pedestrian and cycling route through the site.

In summary the Surface Water Drainage report (Appendix C) is satisfied with the proposed development subject to conditions.

In summary the Transportation Planning report (Appendix D) notes that the proposal envisages no increase in staff or patient numbers and no increase in the quantum of parking spaces, and raises issues with regard to the Rochestown Avenue boundary setback and the pedestrian/cycle route through the site.

37 PLANNING COMMENT

Issues to be examined in the assessment of this proposed development include the following:  Land Use Zoning and Planning Policy.  Standard of Development and Impact on Amenities.  Transportation and Access.  Demolition Works.  Phasing.

LAND USE ZONING AND PLANNING POLICY

With regard to land use zoning, it is noted that two land use zoning objectives relate to this site: “MH” ‘To improve, encourage and facilitate the provision and expansion of medical/ hospital uses and services and “E” To provide for economic development and employment. Therefore, having regard to the existing hospital use at this location and the County Development Plan objectives for this site, it is considered that the proposed hospital redevelopment is appropriate at this location.

It should also be noted that a current permission D08A/0618 which had no objections and no Appeal to An Bord Pleanala for the Construction of a new National Rehabilitation Hospital facility and associated facilities exists on the site and which is for a much larger overall development than the current proposal.

STANDARD OF DEVELOPMENT AND IMPACT ON AMENITIES

The proposed design and layout is considered to be of a high quality design solution, which reflects the specific requirements of the National Rehabilitation Hospital.

A new two/three storey entrance building is proposed which includes the new Sports hall, fitness centre gym and hydrotherapy buildings. This building connects directly to a new hospital street running east- west, parallel to Rochestown Avenue. The building height would be 12.8m at its highest point. It would face onto Rochestown Avenue and has been designed with a sloped roof finish with glazing and cladding to define the entrance building within this central location on site. It is easily accessed by pedestrians and vehicles. There is a significant change in levels falling from Rochestown Avenue towards Pottery Road and this will allow for the sunken area to provide for the lap pool and therapy pool adjacent to the sports hall.

A new 4 storey ward block comprising 120 single rooms with wards off each floor connects with the entrance building. The building would be approximately 18m in height and is set around a number of internal courtyards, a café, and terraces. The proposed building massing and form over 4 storeys (with some plant works on the roof) has been designed to fit into the existing slope on the site. Therefore the building will be at a lower level to the existing hospital buildings on site. The proposed new building has been set into the site away from all boundaries by a minimum of 14m but generally in excess of 40m from the boundaries. There are therefore no issues of overlooking or overshadowing from the proposed development.

The photomontages submitted with the application give a good impression of how the proposed development would appear from all boundaries on Rochestown Avenue and Pottery Road and in distant views. The Planning Authority is satisfied that these images provide a positive visual impact to the streetscape and the general amenity value of the area.

The proposed development will not see any major intensification of use of the site, however it will provide for a modern purpose built hospital which has been designed with the patients’ needs in mind. The quality of the proposed finishes with a mixture of natural stone cladding and coloured aluminium panels is considered by the Local Authority to be of an appropriately high standard.

With regard to the overall landscaping of the site it is noted that the applicant has submitted detailed landscaping proposals. Within this package of information, the Parks Dept report highlights

38 the recognition in the architect’s and landscape architects proposals of the essential links to health and well-being of patients, staff, families and the general public. This recognition finds ready synergy with the Council’s key thematic objectives in the Dlr Open Space Strategy 2011-2015 and the emerging Dlr Green Infrastructure Strategy. The site in a significant interface in the county’s green ‘estate’ and open spaces’ network and the Planning Authority acknowledges the NRH’s commitment to landscape development and quality of life. In that regard, the applicant’s landscape rationale is welcomed as it provides high quality open spaces and courtyards as an integral and vital part of the proposed architectural design and site layout. It will be important to ensure that these amenities are fully delivered in the implementation of any permitted development

While the recreational area and open space provision is considered to be in accordance with SLO 31, it is considered that the boundary treatment of the site is very important and a high quality finish is appropriate. This will be further discussed under Transportation and Access below.

Overall, having regard to the design, height, scale and layout of the proposed development, the Planning Authority is satisfied that the development as presented is acceptable and will not give rise to any significant adverse impacts on the visual or residential amenities of this area.

TRANSPORTATION AND ACCESS

The proposed development includes the road proposals for the adjoining road network, namely Rochestown Avenue and Pottery Road. The application site along both road frontages makes provision for revised road alignments and new boundary arrangements.

The proposed development includes the modification, closure, relocation and creation of vehicular and pedestrian entrances along both Rochestown Avenue and Pottery Road. In summary, works to existing and proposed entrances include:

ROCHESTOWN AVENUE Entrance 1, Rochestown Avenue: This is an existing vehicular entrance (entrance only) located between the convent house and the main hospital building. It is proposed to modify and upgrade this entrance to improve sightlines, with new vehicular and pedestrian gates, piers, flank walls, and new boundary wall to match existing. This will become a vehicular entrance/egress to NRH to and from Rochestown Avenue. The entrance has been designed to facilitate standard buses entering and exiting the site.

Entrance 2, Rochestown Avenue: This is currently the existing main vehicular and pedestrian entrance/exit to/from NRH from Rochestown Avenue, beside the existing bus shelter. It is proposed to close off the vehicular access/egress. The existing boundary to the west of the bus shelter will be maintained. A new boundary to the east will be implemented with 5.5m set back to accommodate future QBC. A pedestrian gate and the bus shelter will be maintained at this location. The existing bus shelter/stop will also be maintained in situ.

Entrance 3, Rochestown Avenue: A proposed new pedestrian entrance and signal controlled pedestrian road crossing is proposed opposite the proposed new entrance to the new hospital wing.

Entrance 4 & 5, Rochestown Avenue: These consist of an existing pedestrian gate to ‘St Luke’s building immediately east of ‘Villa Maria’ and an existing smaller pedestrian gate to the east. It is proposed to upgrade the larger pedestrian gate at St. Luke’s to an entrance only vehicular access integrated with new boundary condition to the proposed development. The smaller pedestrian gate will be close off with the implementation of the proposed new boundary to Rochestown Avenue.

POTTERY ROAD Entrance 6, Pottery Road: This is an existing vehicular and pedestrian entrance. This is proposed as a temporary construction access. Some upgrading works will be carried out to facilitate its temporary use during the construction phase. It is proposed to close the existing vehicular and pedestrian gates post construction.

39 Entrance 7, Pottery Road: This is an existing entrance, constructed by the Local Authority as part of current upgrading works to Pottery Road, in the general location of planning permission D12A/0452. It is proposed to remove and replace this with Entrance 8 further to the east.

Entrance 8, Pottery Road: This is a proposed new gated, controlled vehicular entrance/exit for staff vehicles only. Controlled pedestrian and cycle access route, connecting north to Rochestown Avenue, to be operational daily from 7am to 8pm (summer hours April to September) and 7am-6pm (winter hours October to March), except on 12 September each year.

PEDESTRIAN / CYCLE LINK THROUGH NRH LANDS It is proposed that the hospital grounds will remain permeable for pedestrians and cyclists with the provision of an upgraded pedestrian and cycle link through the centre of the lands connecting Rochestown Avenue to Pottery Road. It is proposed that the pedestrian and cycle way will be gated and publicly accessible from 7am to 8pm (summer hours April to September) and 7am-6pm (winter hours October to March), except on 12 September each year when the route will close for one day.

In regard to this, ‘Specific Local Objective 31’ in the current County Development Plan states that “Any future redevelopment of the site shall also include the provision of a pedestrian and cycle link to connect Rochestown Avenue to Pottery Road through the subject site.” The Planning Authority consider that the new through route should not be encumbered with the restricted operational hours proposed by the applicant but instead should be more freely accessible to the community on a 24hour basis.

The quality of this route is also of concern and is specifically raised in the Architects Dept report. This states that the current proposal is designed primarily for cars with poor provision for pedestrians. It is considered that the applicant’s proposal that cyclists mount the pavement and share this space with pedestrians/wheelchair users, and then dismount to navigate a gated access is not practicable. Improved detailing at the entrance and exit points of the site is also required. The design for cyclists merging onto the road cycle network is not properly addressed.

CAR PARKING Within the site, car parking is proposed to be reconfigured with no net increase or decrease to the number of parking spaces (290 no.spaces). The car parking areas affected include the surface staff car parks to the north west and to the south east of the existing hospital buildings. The car parking layouts will increase the numbers of public spaces for people with disabilities and these will, where possible be located adjacent to the proposed new entrance.

The existing facility currently has 290no. parking spaces of which 35no. spaces are set aside for disabled and/ or mobility impaired access, 64no. spaces set aside for visitors and the remaining 191no. for staff. The proposed development will ensure that a total of 290 no. car parking spaces are maintained on site. These spaces are provided at various locations throughout the site.

The revised parking provision increases the number of accessible spaces for use by people with disabilities, with a corresponding reduction in the number of staff parking spaces. The breakdown of these car parking spaces is as follows: -

Car Parking Existing & Proposed Existing Parking for the disabled 35 spaces, Proposed 53 spaces Existing Visitor parking 64 spaces, Proposed 60 spaces Existing Staff parking 191 spaces, Proposed 177 spaces Total proposed parking remains the same as existing at 290 spaces.

The area to the south east will be reconfigured to provide for an increased number of ‘accessible parking’ spaces and drop-off to the front of the proposed new entrance building. There will also be a visitor car park in the south eastern corner of the site. These surface parking areas will all be accessible via Rochestown Avenue.

40 The area of the staff surface car park in the north west will be extended. Vehicular access will be via the secondary barrier controlled Pottery Road entrance, which is limited to staff and service/delivery use.

Bicycle Parking In total, 64 no. dedicated bicycle parking spaces are proposed as part of this development. These spaces are provided at 2no. identifiable locations: adjacent to the bus shelter on Rochestown Avenue and at the front of the new building.

BOUNDARIES Rochestown Avenue As part of this development it is proposed to reconstruct part of the boundary along Rochestown Avenue. This will provide for the removal of the existing wall and its reconstruction 5.5m back from the existing road alignment. A new footpath will be constructed along the northern edge of the new wall between the bus shelter east as far as the signalised pedestrian crossing on Rochestown Avenue. In addition, a new grass verge will be introduced the entire length of the new boundary on Rochestown Avenue, between the bus shelter and the eastern extreme at the Sallynoggin Road junction. Trees and shrubbery will be planted inside the southern side of the wall and around the car parks accessible from Rochestown Avenue.

The improvement of Rochestown Avenue is listed as a six-year Road Objective in Table 12.2 of the 2010-2016 County Development Plan (CDP) and is also included in the 2010-2016 CDP Table 12.2 Quality Bus Network Schemes.

Dun Laoghaire Rathdown County Council has not obtained Part 8 approval for improvement works to Rochestown Avenue, although stated in the Applicant’s submitted planning report at Section 4.3. preliminary design drawings for a Quality Bus Corridor dated 2009 had been prepared prior to stalling of preparation for Part 8. Future implementation of a road improvement scheme for Rochestown Avenue is subject to prioritisation of schemes and allocation of resources and funding.

In accordance with CDP Roads Policy T18, land required for road objectives shall be reserved free of development by setting back of building or frontage lines until such time as it is required. The Applicant’s planning report Section 4.3 states that ‘provision is made in the current application to accommodate a planned Quality Bus Corridor and ancillary footpath and cycle facilities along Rochestown Avenue.’ The Transportation Dept report notes that there has been some discussion on the extent of works necessary to facilitate the proposed development in advance of any future implementation of a road improvement scheme. There are some discrepancies between submitted Architects (OCMA) OCMA PA 004 and Engineers (ARUP) Arup T001-P1 plan drawings regarding indication of the road reservation line which has not been clearly identified for the entire Rochestown Avenue road frontage of the NRH lands within the Applicant’s control. It is noted that in Section 8.4.1 of the Applicant’s Planning Report it states that the application ‘red and blue line lands are owned by the Religious order of the Sisters of Mercy and not the NRH.’

The strip of land required for the Rochestown Avenue Improvement Scheme is shown on Michael Punch and Partners drawing No. 052-142-154 submitted as unsolicited additional information on 29th July 2008 in connection with previous permitted planning application Reg Ref D08A/0618 on this site (and detailed above). In accordance with CDP Policy T18, it is recommended that the strip of land shown on Michael Punch and Partners drawing No. 052-142-154 (up to 5.5m reservation) along the entire Rochestown Avenue frontage of the NRH lands within the Applicant’s control shall be reserved free of development for the road improvement scheme. This drawing is included as Appendix E.

It is noted that the proposed development includes a reservation set back to the south eastern boundary of the site outlined in red, opposite the Sallynoggin Road junction. However, the Transportation Dept in addition, requests a set back of the existing boundary further south along the applicant’s blueline(ownership) frontage along Rochestown Avenue. This would allow for the

41 provision of a continuous footpath along the western side of Rochestown Avenue from the proposed NRH pedestrian entrance east to the existing footpath that links to the Johnstown Road junction. This would be of benefit to all staff and visitors to the hospital in providing improved pedestrian connections to public transport, as well as facilitating the neighbouring community by provision of a continuous footpath of adequate width along the western side of Rochestown Avenue from Johnstown Road to the Hospital access and associated Bus Stop. The proposed front boundary set back linked with the provision of a footpath opposite the Sallynoggin Road junction will allow DLRCC to reconfigure the Sallynoggin Road junction with Rochestown Avenue to provide signalised pedestrian crossing facilities and potential for a right turning lane to Sallynoggin.

In the longer term, the introduction of a bus lane on Rochestown Avenue will significantly alter the character of the area, creating a wide transport corridor. This will remove the green margin present in the computer generated imagery submitted as part of this proposal. Given the length of this road, in order to create a reasonable sense of ‘place’ and to avoid the scenario of a narrow path hard against a wide and busy road a landscaped margin should also be considered.

Pottery Road The Pottery Road boundary will follow the realignment of the road implemented through the road improvement works being undertaken by the Local Authority and due to be completed shortly. The existing entrance (partially complete, in the location of D12A/0452) will be removed. The proposed new entrance will be gated and barrier controlled and will be flanked by a 2.4m high concrete wall.

Pottery Road when completed will be a wide road carrying significant volumes of traffic with a district distributor character. The Architects Dept report states that experience has shown that roads of this scale in populated urban areas have not created successful places. In order to promote a reasonable environment for walking and cycling and to enhance the ‘Place’ value of the road in line with the requirements of DMURS, it suggests that a wide landscaped margin for public use should be retained at the boundaries of the proposed development. This margin would create a cushion between pedestrians and cyclists and the carriageway and can in the area adjoining Pottery Road form part of the wider buffer zone required under SLO 125. Trees of value such as London Planes should be planted into this margin in order to create visual scale, a sense of protection and a degree of auditory relief. To ensure this planted margin contributes to the streetscape, the fencing should be moved back from the carriageway. This is illustrated in the Dept report (Appendix B) and it is considered appropriate that these works which fall within the applicant’s landholding (i.e. the blue line) should be carried out in tandem with the works currently set out within the red line in order to accelerate the general maturing of the area pending final development.

PHASING

The applicant indicates that as several existing buildings will have to be temporarily relocated to facilitate the construction of the new hospital building, the proposed development is to be constructed on a phased basis over 8 years as outlined in the applicant’s planning report.

It is noted that the applicant is seeking an 8-year permission. Having regard to the scale of the redevelopment proposed, this is considered reasonable in this instance.

DEMOLITION WORKS

The demolition works include the demolition of a number of existing buildings which are located throughout the site. It is noted that there are no protected structures on site and it is not considered that the buildings indicated for demolition have any significant architectural merit. Having regard to the need for the redevelopment of the hospital facility, the proposals in this regard are considered acceptable and the Planning Authority would not have any issue with their demolition. The buildings for demolition would be the existing spinal injury clinic, sports hall, administration block and St.Luke’s. These uses will be incorporated into the new building.

42 ENERGY EFFICIENCY AND SUSTAINABILITY

The applicant has stated that the proposed development accords with policy CC7: Energy Performance in Existing and New Buildings. They have stated that the proposed development has been designed to BREEAM standards, which represents best practice in sustainable and energy efficient building design, and operation.

OTHER ITEMS REQUESTED BY AN BORD PLEANALA

Any SAAO which may be affected by the Proposed Development The site is not located within a ‘Special Area Amenity Order’ and therefore none would be affected by the proposed development.

European designations, natural heritage areas which may be affected by the Proposed Development (whether in or proximate to same) The site is not located in an area or proximate to an area of ‘European Designation’, Natural Heritage Area, which may be affected by the proposed development.

Waste Policy, which may be relevant to the Proposed Development The existing hospital has a Waste Management Plan for the disposal of hazardous waste. The proposed development should conform with European Union and National Waste Management policies.

Availability and capacity of public surface water drainage facilities The Drainage Planning Section of the Transportation and Water Services Dept are satisfied with the proposed development.

Flood risk assessment in accordance with The Planning System and Flood Risk Management – Guidelines for Planning Authorities (November 2009) The applicant has highlighted the possibility of groundwater flooding within the site and has proposed a number of measures terminating in the discharge of any collected groundwater to a perimeter land drainage system. The report of the Drainage Planning Section states that this perimeter land drainage system shall be so designed and constructed to ensure that no groundwater discharges either directly to surface water collection systems or to adjacent surface water infiltration trenches.

Appropriate Assessment under the Habitats Directive A report screening the proposed development for Appropriate Assessment, prepared by Aquafact Environmental Consultants finds that the proposed development is unlikely to have any environmental impact on Natura 2000 sites within an appropriate zone of influence.

Comment on the Adequacy of the EIS submitted with the application The requirement to prepare an EIS for this planning application is due to the proposed development complying with the Seventh Schedule of the Planning & Development (Strategic Infrastructure) Act, 2006. The proposal in this instance comprises of a project in excess of 100 beds in a National hospital that provides in-patient services. As a result, the development is one that falls within the thresholds set by the Seventh Schedule of the Act.

The predicted impacts of the proposed development are set out in detail in sections 5.1 to 5.9 of this EIS. No significant long-term adverse impacts are predicted. It is considered that the EIS is adequate in the context of the characteristics of the development proposed, the nature of the receiving environment, and the existing use of the site.

Assessment of Visual Impact The applicant has submitted to the Board a photo-montage report which details the visual impact of the proposed development on the surrounding area. As part of the preplanning consultations with

43 the local authority, discussions were had on relevant and appropriate locations for photomontages to aid in the assessment of potential visual impacts.

Having regard to the existing structures on the site, the Planning Authority is satisfied that the proposed development would have a positive impact on the visual amenities of the area due to the high quality finishes proposed to the buildings and the landscaping proposals. It is considered that the subject site has the capacity to absorb the scale of the development and building heights proposed, and that the photomontages support this opinion. The concerns regarding the visual impact of the boundaries and their treatment along both Pottery Road and Rochestown Avenue have been raised earlier in this report.

Carrying capacity and safety of road network serving the Proposed Development The proposed redevelopment includes the construction of a new hospital with 120 beds which will replace the existing beds in the hospital. The development proposals envisage no increase in staff or patient numbers.

The Transport Assessment report prepared by Arup included in Section 5.8.2 of the submitted Environmental Impact Statement states that the proposed development includes no change in the quantum of car parking provision. In the context of the Pottery Road Improvement Scheme currently under construction, and the Rochestown Avenue six-year Road Objective in the County Development Plan, the proposed development is not expected to increase vehicular traffic as both staff and patient numbers are expected to remain at existing levels following the proposed redevelopment of the hospital.

Environmental carrying capacity of the subject site and surrounding area, and the likely significant impact arising from the Proposed Development, if carried out It is noted that there is a current planning permission D08A/0618 for the Construction of a much larger new National Rehabilitation Hospital facility and associated facilities totalling c.46,139 sq.m Gross floor area (GFA) on this site which was granted planning permission by the Planning Authority. It is also noted that the applicant has submitted an EIS with this application which concludes that the proposed development would have no long term adverse impacts on the environment.

The EIS clarifies that the environmental impacts are minor in nature, while the connectivity provided by the pedestrian/cyclist through route is acknowledged as a significant element in the context of local greenspace network and its roles in healthy life-styles and smart travel, providing connectivity between the Deansgrange Stream Linear Park corridor / Pottery Road and Rochestown Avenue, Sallynoggin and ultimately linking to the Honeypark development (under construction) at Mounttown, Dún Laoghaire.

The likely significant impacts for the area, if the development is carried out, are positive social and economic ones in terms of an upgraded and improved rehabilitation facility of national importance, located in this county.

Details of relevant Section 48/49 Development Contribution Scheme conditions which should be attached in the event of a grant The Applicant, the National Rehabilitation Hospital, is a registered charity (voluntary organisation) with a Charity Registration Number CHY3329.

The Dun Laoghaire- Rathdown Development Contribution Scheme 2013-2015 Section 11 states:- “The following categories of development will be exempted from the requirement to pay development contributions under the Scheme; Developments by organisations having exemption from income tax and corporation tax under Section 20 of the Taxes Consolidation Act 1997 and currently holding an exemption certificate from the Revenue Commissioners, including registered charities provided that the development is for the purposes of use by the body or charity for its main purposes.” Consequently, the proposed development will be exempt from the requirement to pay development contributions under the ‘Section 48 Scheme’.

44 Planning authority view on community gain conditions which may be appropriate The Planning Authority is satisfied that the proposed development would provide significant community gain in terms of an upgraded hospital facility to serve the surrounding community and at a National Level. It provides employment to the local community. The proposed development would significantly improve the public realm and boundary treatment of the existing hospital and would provide for improved visual amenity. Significantly the proposed development would also provide a through route through the hospital grounds for pedestrians and cyclists between Rochestown Avenue and Pottery Road.

Specifically, there are three areas in relation to community gain conditions which the Planning Authority considers important:  The new through route linking Rochestown Avenue and Pottery Road should not be encumbered with the restricted operational hours proposed by the applicant but instead should be more freely accessible to the community.  The quality of this route could also be improved as detailed above and in reference to the Parks Dept report which highlighted that this route is a significant element in the context of local greenspace network and its roles in healthy life-styles and smart travel, providing connectivity between the Deansgrange Stream Linear Park corridor / Pottery Road and Rochestown Avenue, Sallynoggin and ultimately linking to the Honeypark development (under construction) at Mounttown, Dún Laoghaire.  The extension of the footpath on Rochestown Avenue for the full length of the lands outlined in blue and red on the submitted plans, to link the hospital lands with the rest of Rochestown Avenue in the direction of the junction with Johnstown Road.

Planning Authority view in relation to the decision to be made by the Board The Planning Authority considers that the proposed development would significantly enhance the existing facilities for this national institution, providing for a modern hospital fit for purpose to serve the community into the future. The proposed development provides a key piece of social and national infrastructure.

The proposed hospital has been well designed. It is therefore considered that the proposed development, subject to conditions, is in accordance with the proper planning and sustainable development of this area and should be granted planning permission.

Planning Authority view on conditions which should be attached in the event of the Board deciding to grant permission The Planning Authority proposes the inclusion of the following conditions on any permission: 1. Planning Permission is hereby granted for a period of 8 years from the date of final grant of permission. REASON: In the interest of proper planning and orderly development.

2. The following measures shall be taken in order to safeguard residential amenities and to prevent nuisance from noise: a. The hours of construction work shall be restricted to 8.00 am to 7.00 pm, Monday to Friday, and 8.00 am to 2.00 pm on Saturdays. Sundays & Bank Holidays: Works normally not permitted. b. No activity, which would reasonably be expected to cause annoyance to residents in the vicinity, shall take place on site between the hours of 7.00 pm and 8.00 am. c. If there is any occasion when work must be carried out, outside daytime hours, the Atmospheric Pollution and Noise Control Department, local residents and businesses in the areas, which are likely to be affected by noise from the proposed works shall be notified in advance of: i. Name, address and telephone number of company carrying out the works. ii. Nature of and reason for the works. iii. Likely duration and times of work. REASON: In the interest of residential amenity.

45 3. The pedestrian and cycle link between Rochestown Avenue and Pottery Road shall be revised to improve the safety and amenity of future pedestrians and cyclists using the route. This should incorporate improved detailing at the entrance and exit points of the site. This route shall remain operational through the full construction period of the proposed site works. Revised proposals shall be submitted for the written agreement of the Planning Authority, prior to the commencement of development. REASON: In the interests of safety and amenity of all users of the route.

4. The boundary treatments to both Rochestown Avenue and Pottery Road shall be amended to enhance the amenity and visual impact of the linear boundaries provided. This should include the provision of landscaped margins and additional tree planting. Revised proposals shall be submitted for the written agreement of the Planning Authority, prior to the commencement of development. REASON: To improve the visual amenities of the specified roads.

Transportation Dept recommended conditions: 5. To facilitate the future road improvements to Rochestown Avenue, an area up to 5.5m from the existing road edge shall be reserved free of development.

6. To facilitate the future construction of a footpath from the hospital entrance to the existing footpath south east of Sallynoggin Road, the boundary treatment shall be set back as shown on Michael Punch & Partners drawing 052-142-154. The footpath and verge in front of the hospital as per OCMA drawing PA 004 shall be constructed as part of the proposed development.

7. A pedestrian and cyclist access shall be maintained through the site to allow free movement at all times between Pottery Road and Rochestown Ave to comply with CDP SLO 31.

8. To allow for future maintenance and any future taking in charge the applicant shall ensure that the power supply point mini pillar for pedestrian/cycle route/s shall be installed in an accessible open space.

9. Prior to commencement of development the Applicant shall prepare and submit a detailed Construction Traffic Management Plan for approval and written agreement of the Planning Authority. Suitable parking arrangements for construction workers and construction vehicles are required in order to avoid overspill onto public roads / local residential areas.

10. The Applicant shall ensure that suitable facilities for vehicle cleansing and wheel washing, to the satisfaction of the Area Engineer, are provided on site during the course of construction.

11. The Applicant shall maintain all footpaths and roads affected by the development works in a safe and tidy condition to the satisfaction of the Area Engineer.

12. Prior to commencement of development the Applicant shall undertake at his expense a Quality Audit (which shall include the detailed design Road Safety Audit, an Access Audit, Cycle Audit and a Walking Audit) within the development and all external access points along Rochestown Avenue and Pottery to demonstrate that appropriate consideration has been giving to all relevant aspects of the development in accordance with Section 5.4.2 of Design Manual for Urban Roads & Streets (DMURS). The independent Audit Team shall be approved by the Planning Authority and all measures recommended by the Auditor shall be undertaken unless the Planning Authority approves any departure in writing. A feedback report should also be submitted providing a response to each of the items.

13. The (Mobility Management Plan) Travel Plan Coordinator shall provide an annual report to the Planning Authority (Traffic, Road Safety & Sustainable Travel Section) for a period of 5 years showing what soft and hard measures have been implemented to promote an increased use of sustainable travel modes (walking, cycling, public transport, car share) to access NRH for staff

46 and visitors and to achieve a modal split as per ‘Smarter Travel: A Sustainable Transport Future’, the Government National Transport Policy 2009 - 2020. REASON for all: In the interests of traffic and pedestrian safety

Parks Dept recommended conditions: 14. Prior to the commencement of development, the applicant shall submit a comprehensive Tree Report, comprising a detailed Tree Survey and Arboricultural Impact Assessment, Tree Constraints Plan, Tree Protection Plan and Arboricultural Method Statement, all in accordance with, BS 5837: 2012 Trees in relation to design, demolition and construction – recommendations. The report shall be carried out by an independent, qualified Arborist and shall be comprised of all the following items: 1. Tree Survey Plan: all trees and hedges on and adjacent to the subject site (i.e. within falling distance thereof) shall be accurately plotted, tagged and shown on a scaled drawing of a topographical survey of the site 2. Tree Survey Schedule: a summary of the surveyed trees and hedges, giving a breakdown of their tag nos., sspecies, size, age, condition and useful life expectancy. 3. Arboricultural Impact Assessment: a thorough, detailed and realistic analysis and assessment of the likely impacts of the proposed development on the surveyed trees and hedges. 4. Tree Constraints Plan: showing the impacts of all surveyed trees in relation to the site layout of the proposed development. 5. Tree Protection Plan: a scaled site plan of the proposed development, clearly showing those trees and hedges to be retained and those to be removed (distinguished by colour code); alignments of Tree Protection Fencing and areas to be excluded from construction activities, compound(s), site office(s), plant, equipment and materials storage 6. Arboricultural Method Statement: clear and practically-achievable measures to be used during the construction period, for the protection and management of all trees and hedges that are to be retained, as shown in the Tree Protection Plan. 7. Arborist’s name and arboricultural qualifications. 8. Date tree survey was carried out.

15. Prior to the commencement of any permitted development - to ensure the protection of trees on the site - the applicant shall lodge a Tree Bond to the value of €15,000 with the Planning Authority. The bond will only be refunded upon receipt of a satisfactory arborist’s certificate (see condition below); and a site visit by Dlr Parks and Landscape Services to determine satisfactory completion of tree works (as per the arborist’s schedule) and provided that all retained trees are alive, in good condition and have a useful life expectancy.

16. The applicant shall retain the services of a qualified arborist immediately prior to and during the entire period of construction activity, who shall visit the site on a monthly basis, to ensure the implementation of the all of the recommendations in the submit tree report.

17. To ensure the protection of trees to be retained within the site, the applicant shall implement all the recommendations pertaining to tree retention, tree protection and tree works, as detailed in the Arboricultural Method Statement and Tree Protection Plan, in the submitted tree report. All tree felling, surgery and remedial works shall be completed within one year of the occupation of dwellings on the site.

18. The arborist shall carry out a post construction tree survey and assessment on the condition of the retained trees. A completion certificate is to be signed off by the arborist when all permitted development works are completed and in line with the recommendations of the tree report. The certificate shall be submitted to Dlr Parks and Landscape Services for written agreement upon completion of the works.

19. Prior to the commencement of any permitted development - to ensure the full implementation of the proposed landscape design, the applicant shall retain the services of a qualified Landscape Architect (or qualified Landscape Designer) throughout the life of the site

47 development works. A Practical Completion Certificate is to be signed off by the Landscape Architect when all landscape works are completed to the satisfaction of Dlr Parks and Landscape Services; and in accordance with the permitted landscape proposals.

20. The landscape consultant shall agree a detailed timescale for implementation of all proposals, including clear indications of how the landscape programme is to synchronized with the building programme and the post-construction implementation of specified landscape maintenance operations. Any landscape contract(s) shall include a post- Practical Completion (certified by the landscape consultant) Defects Liability Clause of 24 months. REASON: In the interest of the orderly development of the site.

Drainage Planning Section recommended conditions: 21. The Surface Water Drainage layout shall be in accordance with the plans, particulars and specifications lodged with the application.

22. The applicant has highlighted the possibility of groundwater flooding within the site and has proposed a number of measures terminating in the discharge of any collected groundwater to a perimeter land drainage system. This perimeter land drainage system shall be so designed and constructed to ensure that no groundwater discharges either directly to surface water collection systems or to adjacent surface water infiltration trenches.

23. The rainwater harvesting system shall be installed in accordance with the recommendations of BS 8515:2009 Rainwater Harvesting systems Code of practice. REASON: In the interest of the orderly development of the site.

48 A discussion took place, during which Ms. R. Naughton, Senior Planner responded to Members queries.

It was proposed by Councillor V. Boyhan, seconded by Councillor M. Merrigan and RESOLVED:

“That the report of the Chief Executive be AGREED.”

C/666/14 Strategic Policy Committee Scheme 2014-2019

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

“STRATEGIC POLICY COMMITTEE SCHEME 2014-2019

The Council at its meeting held on 13th October 2014 considered the Draft Strategic Policy Committee Scheme attached in Appendix 3 of this report and agreed that it proceed to public consultation.

The draft Strategic Policy Committee Scheme was made available for public inspection on 16th October 2014, and submissions were invited thereon, with a deadline of 5pm on 17th November 2014.

9 submissions were received by the closing date.

Submission Name Number 1. Councillor Richard Humphreys 2. Mr Denis O’Brien 3. Environmental Pillar 4. Mr Tom Nolan 5. Mr Keith Byrne, Dublin Cycling Campaign, via e-mail 6. Councillor Michael Merrigan 7. Sandyford Business District Association 8. Ms Veronica Heywoodl 9. Dún Laoghaire Rathdown Chamber

A submission was also received after the deadline from the Dublin Simon Community. A copy of each submission is included at Appendix 2 of this report.

The report attached at Appendix 1 to this report is a summary of the issues raised in each submission. The submissions received and the summary report was considered by the Corporate Policy Group at its meeting on 1st December 2014.

Having considered the submissions received the Corporate Policy Group recommended the following changes be made to the Draft Strategic Policy Committee Scheme

Section 5 – Framework Change the name of one of the 6 SPCS from:

Community, Cultural Development including Ageing to:

Community Development, Culture and Ageing

49 Section 6 – Remit In relation to the Transportation and County Wide Movement SPC to change the remit from:

Public Transport Issues to:

Public Transport

Section 8 – Membership In relation to the Economic Development and Enterprise SPC to change the Sectoral Representations as follows:

Councillors Sectoral Representatives Total Membership Economic 14 7 as follows: 21 Development 1 Agriculture/Farming and 1 Environment/Conservation Enterprise 1 Development/Construction 1 2 Business/Commercial 1 Trade Union 1 Community/voluntary 1 Social Inclusion

The adoption of the Strategic Policy Committee Scheme is a reserved function of the Council accordingly it will be necessary for the Council to pass a resolution in the following terms:

Dún Laoghaire-Rathdown County Council hereby adopts the draft Strategic Policy Committee Scheme circulated for public consultation on 16th October 2014 subject to the amendments recommended by the Corporate Policy Group at its meeting on 1st December 2014 as the Dún Laoghaire-Rathdown Strategic Policy Committee Scheme 2014-2019.

Following adoption of the Strategic Policy Committee Scheme by the Council the process for the selection of sectoral representatives will commence.

A further report on the full membership of each of the Strategic Policy Committees will be brought to the February Council meeting.

Kathleen Holohan Director of Corporate Services and Human Resources

Appendix 1 – Summary of issues raised in submissions received during public consultation process on Draft Strategic Policy Committee Scheme

Submission Issues: Comment No. 1. Each Councillor should only be Draft scheme requires Councillors to required to be a member of 1 SPC. be a member of 2 SPCs. Guidelines Councillors could voluntarily be on a say at least 1, and not more than 2. 2nd SPC. A reduction in the number of Councillors on an SPC would reduce the number of sectoral representatives as the membership of an SPC consists of 2/3 Councillors and 1/3 Sectoral Representatives.

Councillors have little choice as to The membership of SPCs is approved which SPC they are assigned. by Council

50 Emphasis should be on voluntary attendance and encouragement.

Members should be encouraged to This would require a change to the attend SPCs of which they are not Standing Orders. Standing Order 28 members. In this capacity they (s) (iii) states that Council Members should be permitted to speak, but of another SPC may attend and with not vote. the permission of the Chairperson speak, but not vote, at meetings of SPCs of which they are not a member

Voluntary participation to allow Circular LG12/14 states that the Councillors to put up to 6 of these number of meetings is in respect of Meetings towards their annual Committees of which the Councillor is meeting attendance. a member.

Membership of committees needs to The Draft SPC Scheme sets out the be freshened up to avoid the same procedure for the selection of sectoral people serving on multiple representatives in accordance with committees. An external person the provisions of the Ministerial should be permitted to serve only Guidelines on one council or council- funded/related committee.

Reduce the quorum for committees Requires a change in Standing so as to facilitate them in doing Orders. business. This requires a change in standing orders – currently 4 Councillors and 2 non-Councillors. I suggest reduce to 3 Councillors and 1 non Councillor

Provide that SPC meetings should in There is nothing in Standing Orders general alternate between the to preclude this. Meetings of SPCs Dundrum and Dun Laoghaire sides have previously taken place in a of the county. variety of locations in the County.

Hold committee meetings in the Nothing in Standing Orders to Town Hall meeting room and HR preclude this, subject to the numbers meeting room or Dundrum meeting in attendance fitting comfortably into room, not the chamber, to the room in question. encourage a committee-type atmosphere rather than the more formal atmosphere of the chamber.

Simplify and shorten the names of Would require amendment to Draft the SPCs – many are too unwieldy Scheme. in the draft scheme.

The SPC agendas should focus on See Section 2 of Draft Scheme in policy options and not hear relation to work programmes presentations on more routine or operational matters.

I would also suggest that to provide Draft scheme says each Councillor

51 flexibility as between Councillors must serve on 2 SPCs. Guidelines and groups that might be necessary say that Councillors should serve on to meet particular situations that at least 1 and not more than 2 SPCs. could arise either temporarily or on a more long term basis, a councillor would also be allowed resign from any of his or her SPCs without taking up a replacement one if he or she finds a replacement Councillor who will take on such assignment(s) in addition to that Councillor’s own SPC appointment(s). The resignation would only take effect on the appointment of such replacement.

On a minor drafting level, I suggest Would require amendment to draft that the first 2 paragraphs of Scheme. section 7 be amended by adding in some rider like “selected in accordance with the Local Government Act 2001, circulars thereunder and the Council’s standing orders” – lest it be thought incorrectly that there is any issue about that fact.

2. Not considered to be a submission on the draft scheme.

3. The three electoral colleges of the They are included in all 6 SPCs under PPN should be represented on each the draft scheme. SPC.

Feel that the membership of the SPCs as per the draft scheme is appropriate.

All members of SPC should be able Submission of business is covered by to add relevant items to the agenda Standing Orders. Each member of the with the draft agenda being agreed SPC can submit one item for written at the start of each meeting. reply and one item for discussion for inclusion in the work programme of the SPC. Also see Section 2 of Draft Scheme in relation to the annual Work Programme

Recommendations from an SPC Standing Order No 28(q) (i) covers may, where consensus isn’t the submission of reports to the possible, include a minority report. Council by the SPCs and it states that “the Chairperson shall prepare a written report to be circulated to the Members of the Council 7 clear days before a Council meeting. The report should reflect the issues considered

52 by the Committee, the views expressed and the final recommendation(s) of the Committee”.

Training for members should Any training needs that are deemed include conflict resolution. appropriate can be included in the Training and Development Programme for Councillors

Timing and location of meetings Would require a change to Standing should be agreed by members. Orders if start time is to differ from 5pm.

4. Older people and those with One SPC includes “Ageing” in the disabilities should be given a voice title. The draft scheme includes at on the SPCs. least 1 Social Inclusion Sectoral Representative in each SPC.

5. Not considered to be a submission on the draft scheme.

6. The SPCs in the draft scheme have The guidelines specify that one of the been generally aligned with the factors to be taken into account in remits of the corresponding Council determining the overall framework of Department. Removes capability of SPCs for a particular local authority synergy across Council service will include “the organisational areas. arrangement of service groupings within the authority and the remit envisaged for each SPC”. Work of different SPCs is co-ordinated through the CPG, which also provides a policy forum for issues that transcend the remit of a single SPC. It is clear from the draft Scheme that the remit of the SPCs crosses over the organisation structure and that it may be necessary for a Director of Service to work with 2 or more SPCs.

The initiation of policy, in the view Please see section 2 of the draft of the writer, comes from the Scheme in relation to the Directors of Service and not the development of the annual work SPC. This requires a remedy. Policy programme of the SPCs. Also documents should be initiated with Standing Orders includes a provision a presentation to Council and, if a for each member to submit a Motion to proceed is adopted, then strategic issue for consideration for sent to an SPC. inclusion in the annual work programme.

The recommended changes to the See attached appendix A draft scheme are attached as an Appendix to this submission.

53 7. Feel that the Sandyford Business Not a submission on the draft District Association should be scheme, per se. represented on the Economic Business/commercial representatives Development & Enterprise and are selected by the Business & Planning SPCs. Employers Organisations Pillar, ie Chambers Ireland. 8. Would like to see more Artists The Draft SPC Scheme sets out the invited to participate. procedure for the selection of sectoral representatives in accordance with the provisions of the Ministerial Guidelines

Agrees with the suggestions made in submission no. 6.

9. Mechanism sought when matters are not agreed at CPG.

Under Transportation & County Wide Movement, remit of public transport issues should be changed to public transport policy.

Name of Community, Cultural Development including Ageing SPC should be changed to Community, Cultural Development including Demographics SPC.

Social Housing SPC remit should include Accommodation Programme for social and economic disadvantaged.

4 SPCs (Economic Development & Would require changes in Enterprise; Community Cultural representation in draft scheme. Development including Ageing; Planning; Environment, Climate Change & Energy) should increase the number of Business/Commercial sectoral reps to at least 2.

Dublin Imperative that “homeless” agenda The Homeless Strategy is included Simon is part of the Housing SPC within the remit of the Social Housing Community responsibility. SPC in the Draft Scheme

Appendix to Report This Appendix identifies in red the changes that are suggested in submission No. 6 6. Remit of Each S.P.C. The following section sets out details of the remit of each of the 6 SPCs. Economic Development and, Enterprise & International Affairs Tourism Strategy and Twinning Tourism Strategy Twinning (Business, Higher Education, Research and Development)

54 Foreign Direct Development Philanthropy for Research and Development International Affairs and International Profile Higher Education Sector & International Business Networks Harbour and Shipping Economic development Enterprise support functions. Preparation of the economic elements of the Local Economic and Community Plan (LECP), Implementation and review of the economic elements of the LECP Oversight of the operation of the Local Enterprise Office (LEO).

Transportation & County Wide Movement Cycling policy Environmental Traffic Planning and Placemaking Pedestrian Facilities Parking Public Transport issues Roads Road Safety issues and Traffic Management Permeability including coastal areas Taxi Services

Community Development, Culture and Recreation CulturalDevelopment Including Ageing Arts Community Development Design Heritage Libraries Ageing Positive Ageing Twinning (Cultural, Sporting and Community) Children & Youth Affairs Social Inclusion and Cultural Diversity Community Facilities Burial Grounds Open Spaces and Parks Beaches and Bathing Areas Sport Philanthropy for Culture and the Arts AnGhaielge Healthy Living & Healthy Communities Public Art Policy Monuments Policy Commemorations and Civic Honours policy Village Promotion Age Friendly County and DLR Age Friendly Alliance Community development element of Estate Management

Social Housing Accommodation Programme for Travelling People Allocations / Transfers Architecture and Design of Social Housing Housing Construction / Refurbishment Programme Homeless Strategy Housing Strategy Estate Management (exclude community development element) Universal Design

55 Models of delivery Age Friendly County

Planning Building Control Planning and Development Urban Design and Renewal Conservation of Built Environment Energy Standards Preservation and Enhancement of the of the Public realm Age Friendly County Village Promotion

Environment, Climate Change & Energy Waste Management Flood Risk & Water Quality Management Plan Fire Service Climate Change Burial Grounds Control of Animals Environment Energy Strategy Litter Management Plan Open Spaces, Parks and Coastal issues Coastal Issues (not including Beaches and Bathing Areas) Sport

Membership Having regard to the foregoing the proposed membership of the SPCs is set out in the following table: Councillors Sectoral Representatives Total Membership Economic 14 7 as follows: 21 Development 1 Agriculture/Farming and Enterprise 1 Higher Education 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Trade Union 1 Community/voluntary 1 Social Inclusion Transportation 14 7 as follows: 21 & County Wide 21 Environment/Conservation Movement 21 Development/Construction 1 Trade Union 1 Taxi 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion Community, 12 6 as follows: 18 Cultural 1 Environment/Conservation Development 1 Business/Commercial Including 2 Community/Voluntary Ageing 21 Social Inclusion 1 Sport

56 Councillors Sectoral Representatives Total Membership Social Housing 14 7 as follows: 21 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Trade Union 1 Voluntary housing 2 Community/Voluntary 1 Social Inclusion Planning 14 7 as follows: 21 2 Environment/Conservation 2 Development/Construction 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion Environment, 12 6 as follows: 18 Climate Change 1 Agriculture/Farming & Energy 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion

Appendix 2 – Copies of Submissions received on Draft Strategic Policy Committee Scheme

Appendix 3 – Draft Strategic Policy Committee Scheme

1. Introduction In accordance with the provisions of Section 48 of the Local Government Act 2001, as amended by Section 41 of the Local Government Reform Act 2014, the Council shall establish by resolution committees to be known as Strategic Policy Committees (SPCs) to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the Council on those matters. One of the committees established shall be to consider matters which relate to the functions of the local authority in relation to economic development and matters connected to the promotion of, including support for, enterprise, and to advise the Council on those matters.

2. Role of the Strategic Policy Committee The Council is, and remains, the decision making authority, and the task of the SPCs is to advise and assist the Council in its work in the formulation, development and review of policy in relation to functions of a strategic nature reserved to the Elected Members of the County Council, subject to the relevant statutory framework.

While it is the task of each SPC to assist the Council in the formulation and development of policy, the final policy decisions rest ultimately with the full Council. The SPC system is intended to give Councillors and relevant sectoral interests an opportunity for full involvement in the policy-making process from the early stages, when policy options are more fluid. Therefore, much of the preliminary and background work, discussion and recommendation should be completed at SPC level for final consideration and ratification by the Council.

A key role for SPCs will be to focus on strategic issues and in taking a strategic overview of relevant policy areas in the wider context. Accordingly:

 Each SPC will agree its annual programme, linked to the strategic policies in the Council’s Corporate Plan.  SPC chairs will report to the Council on the proceedings of the Committee.  Each SPC’s work will take account of the Council’s overall corporate policy and objectives, comply with statutory provisions, integrate with statutory plans where relevant, and link

57 realistically to financial resources.  Each SPC may decide on appropriate consultative arrangements, having regard to statutory provision, the interests already represented on the SPC and any guidelines provided by the Council.  The Corporate Policy Group (CPG) should decide the work programmes of the SPCs and recommend issues to be considered by the SPCs

3. Assistance from Public Authorities Section 48(3A) of the 2001 Act (inserted by Section 41(d) of the 2014 Act) empowers an SPC to seek the attendance of public authorities at a meeting for the purpose of assisting it in developing policy.

A request to a public authority to attend a meeting of a SPC should –  set out the issue on which advice is being sought, including providing any policy papers of the local authority, or draft policy papers, and the linkages to the policy responsibility of the public authority and  provide at least one month’s notice, or shorter interval if mutually agreed.

The Act provides for the public authority to assist the SPC in the formulation of its policy by the SPC. The purpose of the provision is to give an additional resource in formulating policy and to strengthen linkages between local authorities and public bodies with wider responsibilities in the sectoral area in which the SPC operates. The invitation to attend at a meeting of an SPC cannot be used to query the public authority in the performance of its functions or duties.

4. Corporate Policy Group The CPG comprises An Cathaoirleach and the Chairpersons of the SPCs and will be attended by the Chief Executive or her nominees. The CPG will link the work of the different SPCs, act as a sort of cabinet and provide a forum where policy positions affecting the whole Council can be agreed for submission to the full Council. An Cathaoirleach will report to the Council on the work of the CPG.

The CPG should:  Play a key role in preparing the budget (subject to guidelines on the budgetary process),  Provide input to the full Council on any matter of general concern to the Council either on its own initiative or following a request from the Council;  Monitor the overall performance of the Council  Deal with overall issues in relation to service delivery plans, customer service, value for money, etc., (individual SPCs will deal with such issues in their work insofar as their particular service remit is concerned);  Co-ordinate the work of the SPCs and monitor their work programmes;  Request SPCs to consider particular policy issues where appropriate.  Provide feedback to the SPCs on Council policy and views in areas relevant to the SPCs.

5. Framework The Council has taken the following factors into account in determining the overall framework of SPCs:

 The total number of elected members on the Council;  The range of sectoral and other interests to be represented, including facilitating a reasonable spread of interests;  The desirability of allowing adequate opportunity for participation by Councillors and sectoral interests;  The organisational arrangement of service groupings within the authority and the remit envisaged for each SPC;  The need to ensure that the organisational and financial resources of the particular local authority are not over-stretched; and  Integration with other meeting requirements and committee structures and ensuring streamlined procedures generally.

58 Regard was also had to the Local Community Development Committee (LCDC), including its membership and remit.

Having regard to the foregoing Dún Laoghaire-Rathdown County Council will have 6 Strategic Policy Committees, which will meet quarterly and will be configured as follows:

 Economic Development and Enterprise  Transportation and County-Wide Movement  Community, Cultural Development, including Ageing  Social Housing  Planning  Environment, Climate Change & Energy

The Chairpersons of the SPCs will report direct to the County Council.

6. Remit of Each S.P.C. The following section sets out details of the remit of each of the 6 SPCs.

Economic Development and, Enterprise Tourism Strategy and Twinning Economic development Enterprise support functions. Preparation of the economic elements of the Local Economic and Community Plan (LECP), Implementation and review of the economic elements of the LECP Oversight of the operation of the Local Enterprise Office (LEO).

Transportation & County Wide Movement Cycling policy Environmental Traffic Planning and Placemaking Pedestrian Facilities Parking Public Transport issues Roads Road Safety issues and Traffic Management Permeability including coastal areas

Community, Cultural Development Including Ageing Arts Community Development Design Heritage Libraries Ageing

Social Housing Accommodation Programme for Travelling People Allocations / Transfers Architecture and Design of Social Housing Housing Construction / Refurbishment Programme Homeless Strategy Housing Strategy Estate Management Universal Design Models of delivery

59 Planning Building Control Planning and Development Urban Design and Renewal Conservation of Built Environment Energy Standards

Environment, Climate Change & Energy Waste Management Flood Risk & Water Quality Management Plan Fire Service Climate Change Burial Grounds Control of Animals Environment Energy Strategy Litter Management Plan Open Spaces, Parks and Coastal issues Sport

7. Chairpersons The Chairperson of each SPC will be a Councillor, nominated by the County Council, and will hold office for a minimum period of three years, which may be extended by the County Council but shall not exceed the duration of the Council i.e. 5 years.

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

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

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

8. Membership In accordance with the provisions of the legislation and guidelines the membership of the SPCs will consist of two thirds Councillors and one third sectoral representatives. The following shall apply in relation to the membership of SPCs

 Each Councillor will be a member of 2 SPCs;  Every member of an SPC will hold office for the lifetime of the Council (normally five years);  If a Councillor member of an SPC ceases to be a Councillor he or she will also automatically cease to be a member of an SPC;  Each nominating sector is entitled to deselect its nominees as required.  A sector may be represented on more than one SPC

The following factors were taken into consideration in determining sectoral representation on and across each SPC in the draft Scheme.

 The need to foster economic and social development generally;  A stated commitment to working towards gender balance and to encouraging as fully as possible gender balance in representation from the sectors;  The need to ensure a pro-active approach to having as many relevant sectors as possible across the SPC system;

60  The need for balance between divergent interests;  The need for a comprehensive audit of groups within the local authority area to facilitate the fullest possible consultation with each sector;  The priority concerns of each sector and the appropriateness of the SPCs to these concerns;  The relationship between the number of SPCs and the range of interests which can be represented;  A commitment to the fostering of social inclusiveness and equality;  A commitment to have a pro-active information strategy to inform the public on the renewal of local government;  The desirability of facilitating relevant organisations to be part of the nominating constituencies.

The following Sectors will be represented on the SPCs:  Agriculture / Farming  Environmental / Conservation  Development / Construction  Business / Commercial  Trade Union  Community/Voluntary  Social Inclusion

Having regard to the foregoing the proposed membership of the SPCs is set out in the following table:

Councillors Sectoral Representatives Total Membership Economic 14 7 as follows: 21 Development 1 Agriculture/Farming and Enterprise 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Trade Union 1 Community/voluntary 1 Social Inclusion Transportation 14 7 as follows: 21 & County Wide 2 Environment/Conservation Movement 2 Development/Construction 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion Community, 12 6 as follows: 18 Cultural 1 Environment/Conservation Development 1 Business/Commercial Including 2 Community/Voluntary Ageing 2 Social Inclusion Social Housing 14 7 as follows: 21 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Trade Union 2 Community/Voluntary 1 Social Inclusion Planning 14 7 as follows: 21 2 Environment/Conservation 2 Development/Construction 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion

61 Councillors Sectoral Representatives Total Membership Environment, 12 6 as follows: 18 Climate Change 1 Agriculture/Farming & Energy 1 Environment/Conservation 1 Development/Construction 1 Business/Commercial 1 Community/voluntary 1 Social Inclusion

9. Nomination process for Sectoral Representatives The nomination process for the national pillar organisations will be as follows:

 The agricultural/ farming sector will be facilitated by the farming and agricultural organisations pillar,  The business/ commercial and development/ construction sectors will be facilitated by the business and employers organisations pillar.  The trade union sector will be facilitated by the trade union pillar.

With regard to the

 Environmental / Conservation sector  Community / voluntary sector and  Social inclusion sector

Nominations will be determined on the basis of the local nomination process through the Public Participation Network (PPN). Member Organisations when joining the PPN at a county level must opt to be a part of one of three electoral colleges within the PPN:

 Environment  Social Inclusion  Community and Voluntary

To join the Environment Electoral College an organisation’s primary objectives and activities must be environmental (i.e. ecological) protection and/or environmental sustainability. Membership of this Electoral College will be validated by the environmental pillar at a national level.

To join the Social Inclusion Electoral College an organisation’s primary objectives and activities must focus on social inclusion/ social justice/ equality. Organisations whose primary objectives are other than those listed above will be members of the Community and Voluntary Electoral College.

The Council will provide sufficient time, information and facilities to the PPN, if required, to enable the nomination of representatives. Following the adoption of the SPC Scheme by the Council, each Sector will be given 1 month in which to provide details of their nominations to the Council.

The following principles should be respected by each sector in the selection of groups and associations for their particular sector including those being facilitated by the national pillars.

 Groups/associations should be active in the area or an area of the authority and have a county wide impact or, at a minimum, relevance in a locality or number of localities in the area.  Groups/associations should be open to new members, hold AGMs and regular meetings, and should be broadly representative and accountable.  Single interest groups should be eligible, e.g. campaign groups focused on the disabled or elderly. Single issue groups should not be considered for inclusion in the sectors.  State and Local Development Agencies should not be included as nominating bodies to the sectors and should not be represented on an SPC. However, sectors may nominate persons from a local development agency to sit on an SPC.

62 10. Knowledge/Expertise Required by Sectoral Representatives Review The nomination of sectoral representatives is the sole responsibility of each particular sector. However, the Council recommends that some nominee(s) to specific SPCs have broad knowledge (or expertise) in the following areas:

 Agriculture / Farming Environment, Climate Change & Energy SPC (1) Economic Development and Enterprise SPC (1) – 1 representative with experience/expertise in rural development

 Environment / Conservation Economic Development and Enterprise SPC (1) – 1 representative with experience/expertise in relation to tourism,

Transportation & County Wide Movement SPC (2) – 1 representative with expertise/experience in relation to cycling and pedestrian issues, 1 representative with expertise/experience in relation to environment traffic planning and place-making

Community, Cultural Development Including Ageing SPC (1) – 1 representative with experience of universal design

Social Housing SPC (1) - 1 representative with expertise/experience in relation to the environment

Planning SPC (2) – 1 representative with experience/expertise in relation to conservation of the built environment, and 1 representative with experience of energy standards

Environment, Climate Change & Energy SPC (1) - 1 representative with expertise/experience in relation to the energy Transportation & County Wide Movement SPC (1) –

 Development / Construction Economic Development and Enterprise SPC (1)

Transportation & County Wide Movement SPC (2) – 1 representative with experience/expertise in relation to road safety issues, and 1 with experience/expertise in relation to public transport issues

Social Housing SPC (1) – 1 representative with expertise/experience in relation to Social Housing,

Planning SPC (2) – 1 representative with expertise/experience in relation to the Construction Industry and 1 representative from a professional organisation with expertise/experience in relation to Physical Planning,

Environment, Climate Change & Energy SPC (1) - 1 representative with expertise/experience in relation to energy issues and standards

 Business / Commercial Economic Development and Enterprise SPC (1) – 1 representative with experience/expertise of entrepreneurship in any of retail/ commercial/ manufacturing sectors

Transportation & County Wide Movement SPC (1)

Community, Cultural Development Including Ageing SPC (1) - 1 representative with experience in design

63 Social Housing SPC (1) – 1 representative with expertise/experience in architecture and the design of social housing

Planning SPC (1) - 1 representative from a professional organisation with experience in urban design/renewal Environment, Climate Change & Energy SPC (1)

 Trade Union Social Housing SPC (1)

Economic Development and Enterprise SPC (1)

 Community/Voluntary Economic Development and Enterprise SPC (1) – 1 representative with experience/expertise of entrepreneurship in generating enterprise at local community level

Transportation & County Wide Movement SPC (1)

Community, Cultural Development Including Ageing SPC (2) - 1 representative with expertise/experience in relation to sporting issues and 1 representative with expertise/experience in relation to youth issues

Social Housing SPC (2) - 1 representative with expertise/experience in relation to traveller issues

Planning SPC (1)

Environment, Climate Change & Energy SPC (1)

 Social Inclusion Economic Development and Enterprise SPC (1)

Transportation & County Wide Movement SPC (1) – 1 representative with expertise/experience in relation to disability issues

Community, Cultural Development Including Ageing SPC (2) 1 representative with expertise/experience in relation to ageing issues and 1 representative with expertise/experience in relation to disability issues

Social Housing SPC (1) 1 representative with expertise/experience in relation to disability issues

Planning SPC (1) - 1 representative with expertise/experience in relation to disability issues

Environment, Climate Change & Energy SPC (1)

11. Training As part of the development of a Training Programme for Councillors the Council will include provision for training for all SPC members in relation to the following:  Workshops on policy to cover the various areas within the remit of the SPCs;  Briefings on the reform of local government;  Briefings on the role and functions of local government;  Skills orientated training such as team building.  Effective meeting skills for SPC Chairs

64 12. Expenses Incurred by Members In general, any travel expenses arising for an SPC member would be met by the organisation that the SPC member represents. However, in exceptional circumstances, where the nominating body is unable to pay such travel expenses, the member would be entitled to claim travel for attendance at SPC meetings, at the rate applicable to Elected Members of the Council.

65 An Cathaoirleach, Councillor M. Baker informed the Members that five motions had been handed up from the floor, it was AGREED to take the motions from the floor at this time.

Motion No. (1) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillors S. O’Brien, V. Boyhan and H. Lewis:

“That, in order to provide for synergies in strategic policy formulation, that ‘Sport’, ‘Open Spaces & Parks’, ‘Beaches & Bathing Areas’, ‘Children & Youth Affairs’ Community Facilities’ ‘Village Promotion and ‘An Ghaeilge’ be allocated to and listed in the remit of the SPC dealing with Community Development, Ageing and Culture”

A discussion took place, during which Ms. K. Holohan, Director of Corporate Services and Human Resources and Ms. P. Poole, Chief Executive responded to Members queries.

A roll call vote on Motion No. (1) from the floor was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria Baker, Marie √ Boyhan, Victor √ Brennan, Shay √ Cuffe, Jennifer Curran, Chris √ Daly, Kevin √ Devlin, Cormac √ Dockery, Liam √ Donnelly, Deirdre √ Fayne, Mary √ Feeney, Kate √ Gill, Karl √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard Kingston, Deirdre √ Lewis, Hugh √ Madigan, Josepha √ Martin, Catherine √ McCarthy, Lettie √

66 McGovern, Lynsey √ Merrigan, Michael √ Murphy, Brian √ Murphy, Tom √ Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien, Shane √ O’Callaghan, Denis √ O’Neill, Seamas √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ TOTAL: 9 28

An Cathaoirleach, Councillor M. Baker declared motion no. (1) from the floor DEFEATED.

Motion No. (2) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillors K. Daly, S. O’Neill, S. O’Brien, V. Boyhan and P. Stewart:

“That the name of the proposed ‘Community Development, Culture and Ageing SPC’ be amended to read ‘Community Development, Culture and Recreation SPC’ and that references to ‘Ageing’ be amended to read ‘Positive Ageing’ in the remit of this SPC”

A discussion took place, during which Ms. K. Holohan, Director of Corporate Services and Human Resources and Ms. P. Poole, Chief Executive responded to Members queries.

Councillor M. Merrigan amended his motion as follows:

Amended Motion No. (2) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillors K. Daly, S. O’Neill, S. O’Brien, V. Boyhan and P. Stewart:

“That references to ‘Ageing’ be amended to read ‘Positive Ageing’ in the remit of the Community Development, Culture and Ageing SPC.”

Amended motion no. (2) from the floor was AGREED.

Motion No. (3) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillor V. Boyhan:

67 “That in recognition of the County’s taxi services as an integral part of our transportation network, that ‘Taxi Services’ be listed in the remit for the ‘Transportation & County Wide Movement SPC’ and that a Sectoral Representative from the taxi services be a member of this SPC”.

A discussion took place, during which Ms. K. Holohan, Director of Corporate Services and Human Resources responded to Members queries.

Motion No. (3) from the floor was NOT PUT.

Motion No. (4) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillors K. Daly, S. O’Neill, S. O’Brien, V. Boyhan, P. Stewart, D. O’Callaghan and L. McCarthy:

“That in recognition of the County’s declared status as an ‘Age Friendly County’ that this item be included and listed in the remit of each of the SPC’s.”

A discussion took place, during which Ms. P. Poole, Chief Executive responded to Members queries.

Motion No. (4) from the floor was NOT AGREED.

Motion No. (5) from the floor: It was proposed by Councillor M. Merrigan and seconded by Councillors K. Daly, S. O’Neill, C. Curran, V. Boyhan, P. Stewart and D. O’Callaghan:

“That, the name of the ‘Economic Development & Enterprise SPC be amended to read ‘Economic, Development, Enterprise and Foreign Direct Investment SPC’ in recognition of the Council’s role in attracting FDI to the County.”

A discussion took place, during which Ms. P. Poole, Chief Executive responded to Members queries.

Motion No. (5) from the floor was NOT PUT.

It was proposed by Councillor J. Bailey, seconded by Councillor G. Horkan and RESOLVED:

“Dún Laoghaire-Rathdown County Council hereby adopts the draft Strategic Policy Committee Scheme circulated for public consultation on 16th October 2014 subject to the amendments recommended by the Corporate Policy Group at its meeting on 1st December 2014, and subject to amended motion no. (2) from the floor AGREED above, as the Dún Laoghaire-Rathdown Strategic Policy Committee Scheme 2014-2019.”

C/667/14 Motion to Suspend Standing Orders

An Cathaoirleach, Councillor M. Baker READ the following motion from the floor.

Motion from the Floor to Suspend Standing Orders: It was proposed by Councillor B. Ward and seconded by Councillors P. Stewart, D. Kingston, M. Hanafin, K. Feeney, O. Smyth, J. Bailey and S. O’Brien:

“That standing orders be suspended for the purposes of passing agenda item 44, without discussion.”

The motion from the floor to suspend standing orders was AGREED.

Motion No. 44 It was jointly proposed and seconded by Councillors B. Ward, P. Stewart, O. Smyth, K. Feeney, C. Devlin and D. Kingston:

68 “That this Council, pursuant to its powers under section 52(2) of the Local Government Act 2001 (as amended), resolves to establish a joint committee, with Dublin City Council, to be known as “The S2S Joint Committee”, consisting of a total of twelve members — six members from this Council and six members from Dublin City Council — to coordinate the approach of the two Local Authorities on all matters relating to the project known as the Sutton to Sandycove Coastal Promenade and Cycleway around Dublin Bay, including, but not limited to, the design, promotion, planning, construction and completion thereof, within the functional areas of the two Councils.”[8th December 2014]

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

“The National Transport Authority (NTA) recently commissioned Roughan & O Donovan / Aecom Consultants to carry out the Sandymount/Merrion Road to Blackrock Cycle Corridor Study to include the preparation of a Feasibility Study and Options Assessment Report and the undertaking of an environmental assessment and appropriate assessment for the Project.

There are two cycle routes within this transport corridor - Blackrock to City Centre Cycle Scheme & East Coast Trail (project known as the Sutton to Sandycove "S2S" Promenade and Cycleway')

The Project Steering Committee is the NTA, Dún Laoghaire-Rathdown, and Dublin City. The NTA is the lead authority who commissioned the study, Dún Laoghaire Rathdown and Dublin City are partners in a coordinating and supportive role.

Details of the appointment and an overview of the services were circulated to the members by email by the Transportation Department on 10/11/2014.

The establishment of an S2S Joint Committee with Dublin City Council requires the passing of a resolution by both local authorities and also that least one half of the total number of members of each local authority concerned vote in favour of the resolution. A copy of Sec 52 of the Local Government Act 2001 as amended is attached.

LOCAL GOVERNMENT ACT 2001 as amended

Joint committees of local authorities. 52.— (1) In this section “local authority” includes such other bodies (if any) as may be prescribed by regulations made by the Minister. (2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both— (a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and (b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6). (3) A local authority may join in the establishment of more than one joint committee. (4) More than one joint committee may be established by the same local authorities. (5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide— (a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee, (b) the joint committee may sue and be sued in its corporate name, (c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land, (d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by

69 the F67[chief executive], following consultation with the chairperson, (e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown. (6) (a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution. (b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister. (c) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution. (7) The Minister may direct a local authority— (a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and (b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction, upon and subject to such terms and conditions as may be specified in the direction. (8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee established by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee. (9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the F67[chief executive] for that joint committee. (10) (a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities. (b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members. (c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee. (11) (a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or revocation, the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it. (b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

Motion No. 44 was AGREED.

C/668/14 Cathaoirleach's Business: Councillor M. Baker

An Cathaoirleach, Councillor M. Baker informed the Members that the Arts Office's 'Musical Memories' project won the 'Sustaining the Arts' category at the Chambers Ireland Excellence in Local Government Awards 2014

70 Glasthule Buildings, a small Council Estate consisting of 75 units in 3 two-story apartment blocks in the centre of Glasthule recently received one of the Special Awards at the annual IPB Co-operation Ireland Pride of Place Awards.

Dún Laoghaire-Rathdown County Council Architects' Department and Bucholz McEvoy Architects received two awards for the Council's new Operations Centre in Ballyogan at the Wood Awards Ireland 2014. The Ballyogan Operations Centre won the ‘Large Public Building’ Category as well as being declared 'Overall Winner'.

Dún Laoghaire-Rathdown County Council received the Charles Thompson Award which is awarded annually to the Local Authority deemed to have done the most to promote water safety in the island of Ireland.

An Cathaoirleach congratulated everyone involved. It was AGREED to write a letter of congratulations to any of the Council’s partners associated with the above awards.

C/669/14 Chief Executive's Draft Development Plan - Timeline and Process

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

“It is anticipated that the Chief Executive’s Draft Development Plan 2016-2022 will issue to Councillors on 10th December 2014.

The Members have 8 weeks to consider the Chief Executive’s Draft Development Plan i.e. until 16th February 2015, the period between the 24th December and the first day of January, both days inclusive have been disregarded in accordance with Section 251(1) of the Planning & Development Act 2000 (as amended) The following is the proposed timeline for consideration of the Chief Executive’s Draft Development Plan and for the making of any amendments prior to the commencement of the statutory public display period of 10 weeks from 2nd March 2015.

Special Meetings of the County Council to consider the Chief Executive’s Draft Development Plan will be held on the following dates:

Wednesday 14th January 2015 5.00pm to 9.00pm Thursday 15th January 2015 5.00p.m. – 9.00p.m.

The purpose of these meetings is to provide members with briefings on the broad direction of and any new additions to the Chief Executive’s Draft Development Plan and how it differs from the current County Development Plan.

It is proposed to hold Special Meetings of the County Council on the following dates to consider any Motions submitted to amend the Chief Executive’s Draft Development Plan.

Tuesday 10th February 2015 5.00pm to 8.00pm Wednesday 11th February 2015 5.00pm to 8.00pm

If required a further meeting will be held on Thursday 12th February 2015 at 5.00pm.

In this regard it is proposed that the closing date for the submission of Motions for inclusion on the Agenda for the meetings commencing on Tuesday 10th February 2015 will be 5.00pm on Thursday 22nd January 2015.

71 Following completion of these meetings any amendments/changes approved by the Council will be incorporated into the Draft County Development Plan 2016-2022 prior to the commencement of the public consultation process on 2nd March 2015.

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

A discussion took place, during which Ms. K. Holohan, Director of Corporate Services and Human Resources responded to Members queries.

The report of the Chief Executive was NOTED and AGREED.

C/670/14 Local Elections (Disclosure of Donations and Expenditure) Act 1999

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

For noting by the Elected Members:

Local Elections (Disclosure of Donations and Expenditure) Act 1999 Not later than 31 January each year, a donation statement must be furnished to the local authority by each person who, in the preceding year, was a member of the local authority. The donation statement must show whether, in the preceding calendar year, the member received, from the same person, a donation exceeding in value €600.00.

The enclosed Guidelines for Members of Local Authorities concerning donations should be read by the Elected Members in advance of submitting their Donation Statement.

A blank donation statement will be sent to each Elected Member in early January. The statement should be completed in black ink, signed and witnessed and returned to the Ethics Registrar in Corporate Services at the latest by 31 January 2015.

Ian Smalley Corporate Services Department

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999

Guidelines for Members of Local Authorities Concerning Donations

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL December 2014

Contents Page 1. Introduction and overview of principal amendments from previous 4 guidelines 2. Donation statements 5 3. Donations – what is included/excluded 7 4. Prohibited donations 10 5. Political donations accounts 14 6. Offences and penalties 16

Appendix 1 18 Donation statement form

72 Appendix 2 21 Certificate for a statement of a political donations account

Appendix 3 23 Definitions

Agusín 1 25 Ráiteas Síntiús ó Chomhalta Údaráis Áitiúil

Agusín 2 28 Deimhniú le bheith i dteannta an ráitis ó fhoras airgeadais

1. Introduction and overview of principal amendments from previous guidelines These guidelines update and replace the previous version circulated in November 2012. The main amendments in the revised guidelines relate to:  Changes in the information to be provided in the donation statement submitted annually by a member of a local authority no later than January 31st. The form to be completed has been amended and is attached at Appendix 1. This new form reflects the reduction in 2013 of the threshold for the declaration of donations by an elected member, from €634.87 to €600, and a new requirement to include additional information on individual donations.  The donation threshold that gives rise to a requirement on the part of an elected member to open a political donations account was reduced from €126.97 to €100 in 2013. Consequent on this, the certificate submitted by an elected member annually to a local authority with their account statement from a financial institution has been amended and is attached at Appendix 2.

The Local Elections (Disclosure of Donations and Expenditure) Act 1999 - ‘the 1999 Act’ - sets out legal requirements on the acceptance of political donations and on election expenditure that apply to local authority members, political parties, third parties and local election candidates. This Act was amended by the Electoral (Amendment) (Political Funding) Act 2012. New and revised limits and restrictions on the acceptance of donations for political purposes came into force on January 1st 2013. Revisions affecting the information that must be provided on the statement of donations submitted by a local authority member were commenced with effect from February 1st 2013. These new requirements will therefore apply to the donation statement that must be submitted by an elected member from 2014 onwards.

This document contains information to assist members in meeting their statutory obligations. It also contains information on prohibited donations and the opening of political donations accounts.

THIS DOCUMENT IS FOR GUIDANCE ONLY. REFERENCE SHOULD ALSO BE MADE TO THE LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999. Please refer to:

http://www.irishstatutebook.ie/1999/en/act/pub/0007/index.html

2. Donation statements Each person who, in the preceding year, was a member of a local authority is required, under section 19E of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 to furnish to their local authority, not later than January 31st, a donation statement indicating whether during the preceding calendar year the member received from the same person, a donation exceeding €600 in value. This figure was reduced from €634.87 to €600 in 2013.

If a person makes more than one donation to the same member in the same year, the value of the donations must be aggregated and treated as a single donation. For each donation

73 over €600, the value must be stated together with the name, address and a description of the person by, or on whose behalf, the donation was made.

Following amendments which came into force in 2013, the following additional information must now be provided on the donation statement:  The date on which the donation was received;  whether the donation was requested from the donor, and if so, the name of the person who requested the donation, and;  whether a receipt issued to the donor in respect of the donation, and if so, the date on which the receipt issued and the name of the person who issued the receipt.

The donation statement must be accompanied by a statutory declaration that, to the best of the member's knowledge and belief, the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to its accuracy.

The form to be used by a member of a local authority in making a donation statement has been revised to reflect the amendments that have been introduced. The statutory declaration element of the form has also been amended to reflect changes in the required format for such declarations. The revised donation statement for a member of a local authority is attached at Appendix 1. The Irish language version of the donation statement is at Agusín 1.

For a donation statement due to be submitted by 31st January 2015 (under section 19E of the 1999 Act) the revised version of the form and statutory declaration should be completed by each member.

A member of the local authority has a duty to make such enquiries and maintain such records as are necessary for the purpose of furnishing the donation statement and making the statutory declaration.

The local authority is required to consider every donation statement furnished to it by members. Where the Authority finds a minor error or omission in the donation statement, it will furnish details of the error or omission to the member concerned and will notify the member that he or she has 14 days from the date of the notice in which to correct the error or make good the omission.

A copy of the statement and declaration will be furnished by the local authority to members of the authority. In addition, the authority is obliged to publish a notice in a newspaper circulating in its functional area stating that the statements can be inspected and also the names of members who have not furnished statements.

Where, following consideration by it of a donation statement, the local authority is of the opinion that a contravention of the legislation may have occurred, it is required to notify the member of the possible contravention and afford him or her 14 days to furnish any comments he or she may have. The authority will consider the comments provided by the member and, if it is still of the opinion that there may have been a contravention of the legislation it may either initiate summary proceedings against the person concerned or will furnish a report on the matter, together with any relevant documentation, to the Director of Public Prosecutions.

3. Donations 3.1 What is a donation under the Act? A donation to a member of a local authority means any contribution given for political purposes* by any person, whether or not a member of a political party, to a candidate at an election or a member of a local authority, political party or third party in connection with an election, plebiscite or campaign which is accepted in whole or in part by or duly on behalf of

 A definition of "political purposes” is included in Appendix 3.

74 such person and includes -

- any donation of money,

- any donation of property or goods,

- any conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods,

- any supply of services without payment or other consideration therefor,

- any difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price,

- in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a candidate at an election, any proportion attributable to that contribution of the net profit, if any, deriving from the event, and

- a payment by a person on their own behalf or on behalf of one or more than one other person, of a fee or subscription for membership or continued membership of a political party.

Where a person makes more than one donation to the same member of a local authority in the same calendar year, the value of the donations must be aggregated and treated as a single donation.

3.2 Exclusions from the definition of a donation A donation to a member of the local authority does not include:

- necessary travelling expenses incurred by a candidate or as an assentor in fulfilling the nomination requirements at a local election;

- the payment by or on behalf of a candidate of an election deposit;

- expenditure on the purchase of copies of the register of electors;

- reasonable living expenses (including accommodation) of a candidate or any person or persons working on behalf of the candidate on a voluntary basis;

- any sum disbursed by any individual out of the individual’s own resources for any minor (not exceeding €126.97 in any one payment) expenses lawfully incurred in relation to the election if the said sum is not repaid to the person.

- benefits derived from a service rendered by an individual, including the use of the individual’s motor vehicle, on behalf of a political party or a candidate at an election, where that service is gratuitous and is not part of that individual's work carried out under a contract of employment, or where the individual is self-employed, is not in the course of the individual's business or in the practice of the individual's profession;

- benefits derived from a service rendered at an election by an individual in the employment of a political party, (whether remunerated out of the party’s own resources or out of public funds) including use of the individual’s motor vehicle, on behalf of a candidate of that party at an election, where the individual is not in receipt of any reward or benefit in kind other than his or her normal remuneration (including recoupment of expenses) in consideration of that service;

75 - the publication in a newspaper, magazine or other periodical publication or the broadcast on radio or television of news, reports, articles, features, editorial or other comments, including the publication of letters to the editor, where such publication or broadcast is effected in the same manner as that of other material relating to issues of public interest or concern, and the newspaper, magazine or other periodical publication is not for the purpose of promoting the interests of a political party or of a candidate at an election;

- the transmission on radio or television of a broadcast on behalf of a political party or candidate at an election (this exclusion does not cover any production, or other, costs associated with a transmission on radio or television);

- any election expenses incurred by or on behalf of a political party by a national agent or designated person, as the case may be, on behalf of a candidate authenticated by a political party at an election, other than a donation of money;

- expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous Presidential, Dáil, European or local election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Standards in Public Office Commission or to a local authority in relation to the said previous election by the national agent of the political party, election agent, designated person or by the candidate, as the case may be.

4. Prohibited donations 4.1 Donations over the statutory limit A member of a local authority may not, either directly or through an intermediary, accept a donation with a value exceeding €1,000 from the same donor in the same calendar year.

The €1,000 limit on donations came into force with effect from January 1st 2013. Prior to this date the limit was €2,538.47.

If a person makes more than one donation to the same member in the same year, the value of the donations must be aggregated and treated as a single donation.

If a member receives a donation with a value in excess of the limit:

- the donation must, within fourteen days of receipt, be returned by the member to the donor or, if it is a monetary donation, the part of it exceeding the limit must be returned to the donor and a written record of the return must be kept for the purpose of it being furnished to the local authority, if required by the authority, or

- the member must, within fourteen days of receipt, notify the local authority of such receipt and remit the donation or, in the case of a monetary donation, the part of it exceeding the limit or the value thereof, to the authority.

The limit referred to above does not apply to the provision by any person of a constituency office to an individual, or if more than one such office is provided to the individual, whichever one of those offices is nominated in writing by the individual.

4.2 Foreign donations A member of a local authority must not accept a donation, of any value, from an individual (other than an Irish citizen) who resides outside the island of Ireland. Neither must a donation, of any value, be accepted from a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland from which at least one or more of its principal activities is directed.

Notwithstanding the above, where such a donation is received:

76 - the member should, within 14 days, return the donation to the donor and keep a written record of the return for the purpose of its being furnished to the local authority, if required by it, or

- the member should, within 14 days, notify the local authority and remit the donation, or the value thereof, to the authority.

4.3 Anonymous donations A member of a local authority must not accept an anonymous donation exceeding €100 in value.

The €100 threshold limit on anonymous donations came into force with effect from January 1st 2013. The limit before this date was €126.97.

A donation is anonymous if the name and address of the donor is not known to the member concerned. If such a donation is received, the member must notify the local authority in writing within 14 days of receipt of the donation and remit the donation, or its value, to the authority. The authority must lay a copy of each such notification received before the members of the local authority and must dispose of the donation in a manner as it determines.

4.4 Donations by Intermediaries An intermediary is “a person who makes a donation on behalf of another person”. With effect from January 1st 2013, an intermediary must inform the recipient in writing that the donation is being made on behalf of another person and provide the name, description and postal address of the person on whose behalf the donation is being made. It is an offence for an intermediary to fail to provide this information. This provision is contained in section 19BC of the 1999 Act.

4.5 Corporate Donations Donations given by a corporate donor to a member of a local authority, local election candidate, political party or third party cannot be accepted if they exceed €200, unless the corporate donor is registered with the Standards in Public Office Commission.

A donation above €200 from a registered corporate donor must also be accompanied by a statement that the making of the donation was approved by the members, shareholders or trustees of the donating body. The form for making this statement is provided by the Standards in Public Office Commission. The statement must be accompanied by a statutory declaration from the donor.

Donations made by the same corporate donor to a given recipient over a calendar year are aggregated. If the corporate donor is not registered and the donation is not approved, then no more than €200 should be accepted from the same corporate donor in the same year.

Definition of ‘corporate donor’ Section 19A of the 1999 Act provides that: “ ‘corporate donor’ means— (i) a body corporate, (ii) an unincorporated body of persons, or (iii) a trust, which makes a donation, and for the purpose of this definition a body corporate and any subsidiary thereof shall be deemed to be one person”.

Bodies covered by the definition: This definition encapsulates all incorporated and unincorporated bodies, including companies, trade unions, trusts, partnerships, societies, associations, clubs and non-governmental organisations.

77 The definition applies to all bodies other than natural persons. The definition therefore does not include sole traders.

4.6 Cash Donations The maximum amount that can be accepted by a member of a local authority as a cash donation in a calendar year from the same donor is €200. This provision was introduced with effect from January 1st 2013.

5. Political donations accounts 5.1 A member of a local authority, a local election candidate or a third party who receives, in any particular year, a monetary donation of more than €100 must open and maintain an account in a financial institution in the State and must lodge that donation and any further monetary donations received, of whatever value, to that account (referred to as a political donations account). The €100 threshold for opening a political donations account came into force with effect from January 1st 2013. The limit before this date was €126.97.

5.2 Not later than January 31st in each year, a member of a local authority who was required to open a political donations account must furnish to the local authority, along with the donation statement referred to in paragraph 2 (on page 5), a statement provided by the financial institution where the political donations account was opened (under section 19D of the 1999 Act). The statement must specify the transactions that have taken place in relation to the account during the preceding year together with a certificate stating that all monetary donations received during the preceding year after the account was opened were lodged to the account and that all amounts debited from the account were used for political purposes.

The certificate must in each case be accompanied by a statutory declaration that, to the best of the local authority member's knowledge and belief, the certificate is correct in every material respect and that all reasonable action has been taken in order to be satisfied as to the accuracy of the certificate.

The certificate to be completed by a member of a local authority has been revised to reflect the reduced threshold applying to the opening of a political donations account. The statutory declaration element of the certificate has also been amended to reflect changes in the required format for such declarations.

The revised certificate to accompany a statement from a financial institution of a political donations account for a member of a local authority is attached at Appendix 2. The Irish language version of the certificate is at Agusín 2.

For a statement from a financial institution to be submitted by 31st January 2015 (under section 19D of the 1999 Act) the revised version of the certificate and statutory declaration should be completed by the member.

5.3 The local authority will retain the statements from financial institutions and the accompanying certificates and statutory declarations and will not disclose the contents thereof, unless ordered by a court to do so or where disclosure is required in connection with an investigation held by the local authority.

6. Offences and penalties 6.1 A member of the local authority will be guilty of an offence if he or she:

- fails to notify the local authority of receipt of an anonymous donation valued in excess of, €100, or fails to remit to the authority the donation or the value thereof, or

- where required, fails to notify the local authority of receipt of a donation from the same person in the same year with a value in excess of €1,000, or

78 - fails to remit to the local authority or return to the donor a donation, or part exceeding the limit or the value thereof, where the value of the donation received exceeds €1,000, or

- fails to notify the local authority of the acceptance of a donation over €200 from a corporate donor, where the donor has not registered with the Standards in Public Office Commission and declared that the donation has been properly approved, or does not either return the part of the corporate donation exceeding €200 to the donor or send it to the local authority concerned, or

- in the case of a cash donation, fails to remit to the local authority or return to the donor a donation, or part exceeding the limit or the value thereof, where the value of the donation received exceeds €200, or

- where required, fails to notify the local authority of receipt of a foreign donation, or fails to remit to the local authority or return to the donor a foreign donation, or

- for a donation made on behalf of another person, where the donor fails to notify the donee of the name, description and postal address of the person on whose behalf the donation is made, or

- fails to furnish a donation statement or a statutory declaration to the local authority on or before 31 January each year, or

- where required, fails to furnish to the local authority, on or before 31 January each year, a statement from a financial institution or a certificate and statutory declaration, or

- knowingly furnishes a donation statement or statutory declaration, a statement from a financial institution or a certificate and statutory declaration, which is false or misleading in any material respect.

6.2 Proceedings for any of the above offences may only be instituted by, or with the consent of, the Director of Public Prosecutions.

A person found guilty of an offence will be liable to a fine not exceeding €1,904.61. Where the conviction is for failing to furnish the required statutory documentation to the local authority, a person will be liable to a further fine of up to €126.97 per day for every day after the conviction on which the failure continues.

Where a conviction relates to knowingly furnishing statutory documentation to the local authority which is false or misleading in any material respect, the person will be liable, on conviction on indictment, to a fine of up to €25,000 and/or up to three years in prison.

Appendix 1 – Donation Statement Form

Local Elections (Disclosure of Donation and Expenditure) Act 1999 Donation Statement by Member of a Local Authority (1 January 2014 to 31 December 2014)

1. General Information

Name of Member

Address for correspondence

79 Telephone number

Email

Fax number

Political party, if any

Local authority

Local electoral area

2. Donations

Did you receive any single donation exceeding €600 in value, or donations from the same person exceeding €600 in aggregate value, between 1 January 2014 and 31 December 2014?

Please tick (√) one box only: Yes No

3. Details of each Donation

(1) (2) (3) (4) (5) (6) (7) Value of Name and Nature of Description The date If the donation Was a receipt Donatio Address Donation1 of Donor2 on which was requested issued to the n Of Donor the from the Donor in respect (€) donation Donor, what is of the donation? was the name and received postal address If yes, provide the of the person date on which who requested the receipt issued the donation and the name of the person who issued the receipt

1 For example, cash/cheque, use of property, services, etc. 2 For example, family member, friend, company, political party, etc.

4. Statutory Declaration

I (name) ...... …………………. do solemnly and sincerely declare that the above statement is, to the best of my knowledge and belief, correct in every material respect and that I took all reasonable action in order to be satisfied as to its accuracy. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938.

Signed …………………………………………

Declared before me...... …………….……..[name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [practicing solicitor] by ……………………………………………………[name of local authority member] who is personally known to me,

80 or who is identified to me by ……………………………………….. who is personally known to me or whose identity has been established to me before the taking of this Declaration by the production to me of passport no. ……………..[passport number] issued on ……………….[date of issue] by the authorities of …………………[issuing state], which is an authority recognised by the Irish Government or national identity card no. ………………[identity card number] issued on ……………..[date of issue] by the authorities of ………………..[issuing state] which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement or Aliens Passport no. …………………..(document equivalent to a passport) [passport number] issued on ……………..[date of issue] by the authorities of ……………..[issuing state] which is an authority recognised by the Irish Government or refugee travel document no. ……………..[document number] issued on ………………..[date of issue] by the Minister for Justice, Equality and Defence or travel document (other than refugee travel document) …………………[document no.] issued on ……………………..[date of issue] by the Minister for Justice, Equality and Defence. at……………………………………………………………… [place of signature] this………day of …………………………[date]

………………………………………………… [signature of witness]

Please note that a witness must belong to one of the following categories: Commissioner for Oaths / Notary Public / Peace Commissioner / Practicing Solicitor.

PENALTIES A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.

Appendix 2 – Certificate for a Statement of a Political Donations Account

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999

CERTIFICATE TO ACCOMPANY STATEMENT FROM A FINANCIAL INSTITUTION OF A POLITICAL DONATIONS ACCOUNT FROM A MEMBER OF A LOCAL AUTHORITY

THIS CERTIFICATE IS NOT FOR PUBLIC DISPLAY

Name of Member

Address

Local authority

I hereby declare that a donation for political purposes exceeding €100 and subsequent donations received by me during the year ……..… (insert year) were lodged to the following political donations account, a statement of the account for which is attached, and that all amounts debited (excluding charges by the institution) were used for political purposes.

Account Number

81 Financial Institution address

Date account opened

Signed: Date:

Statutory Declaration

I (name) ...... …………………. do solemnly and sincerely declare that the above statement is, to the best of my knowledge and belief, correct in every material respect and that I took all reasonable action in order to be satisfied as to its accuracy. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938.

Signed …………………………………………

Declared before me...... …………….……..[name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [practicing solicitor] by ……………………………………………………[name of local authority member] who is personally known to me, or who is identified to me by ……………………………………….. who is personally known to me or whose identity has been established to me before the taking of this Declaration by the production to me of passport no. ……………..[passport number] issued on ……………….[date of issue] by the authorities of …………………[issuing state], which is an authority recognised by the Irish Government or national identity card no. ………………[identity card number] issued on ……………..[date of issue] by the authorities of ………………..[issuing state] which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement or Aliens Passport no. …………………..(document equivalent to a passport) [passport number] issued on ……………..[date of issue] by the authorities of ……………..[issuing state] which is an authority recognised by the Irish Government or refugee travel document no. ……………..[document number] issued on ………………..[date of issue] by the Minister for Justice, Equality and Defence or travel document (other than refugee travel document) …………………[document no.] issued on ……………………..[date of issue] by the Minister for Justice, Equality and Defence. at……………………………………………………………… [place of signature] this………day of …………………………[date]

………………………………………………… [signature of witness]

Please note that a witness must belong to one of the following categories: Commissioner for Oaths / Notary Public / Peace Commissioner / Practicing Solicitor.

PENALTIES A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.

Appendix 3 - Definitions The following is a selection of definitions from the legislation which should be helpful in reading the guidelines. The definition of what constitutes a donation is given in section 2, pages 7 to 9.

82 “account” means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;

“institution” means:

- the holder of a licence under section 9 of the Central Bank Act 1971;

- a building society;

- a trustee savings bank;

- ACC Bank plc;

- An Post; or

- a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992) to carry on a business in the State.

NOTE: A credit union is not an institution for the purposes of the legislation.

“local political matter” means a matter relating to the policy or policies or functions of a local authority or other statutory body in which are vested functions in relation to local government;

"political party" means a party registered in the Register of Political Parties in accordance with Part III of the Electoral Act of 1992, as a party organised to contest a local election;

"person" is defined as meaning:

- an individual;

- a body corporate (a body corporate and any of its subsidiaries shall be deemed to be one person);

- an unincorporated body of persons.

“political purposes" means: - to promote or oppose, directly or indirectly, the interests of a political party, or a member of a local authority, or

- to present, directly or indirectly, the policies or a particular policy of a political party, a member of a local authority or a third party, or

- to present, directly or indirectly, the comments of a political party, a member of a local authority, or a third party with regard to the policy or policies of another political party, member of a local authority, a third party or candidate at the election or at a plebiscite or campaign or otherwise, or

- to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a plebiscite or local political matter, or

- to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate with regard to any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or third party or of another candidate at the election or otherwise,

83 - otherwise to influence the outcome of the election or a plebiscite or campaign

Agusín 1 - Ráiteas Síntiús ó Chomhalta Údaráis Áitiúil

An tAcht um Thoghcháin Áitiúla (Síntiúis agus Caiteachas a Nochtadh) 1999 Ráiteas Síntiús ó Chomhalta d’Údarás Áitiúil (1 Eanáir 2014 go 31 Nollaig 2014)

1. Faisnéis Ghinearálta

Ainm an Chomhalta

Seoladh le haghaidh comhfhreagrais

Uimhir theileafóin

Ríomhphoist

Uimhir facs

Páirtí polaitíochta, más ann

Údarás áitiúil

Toghlimistéar áitiúil

2. Síntiúis

An bhfuair tú aon síntiús aonair ar mó ná €600 a luach, nó an bhfuair tú síntiúis ón duine céanna ar mó a luach comhiomlán ná €600, idir an 1 Eanáir 2014 agus an 31 Nollaig 2014?

Cuir tic (√) in aon bhosca amháin: Fuair Ní bhFuair

3. Mionsonraí faoi Gach Síntiús Ar Leith

(1) (2) (3) (4) (5) (6) (7) Luach an Ainm agus An Cineál Tuairisc an An dáta a Má iarradh an Ar eisíodh admháil tSíntiúis Seoladh an Síntiúis1 tSíntiúsóra2 bhfuarthas síntiús ar an chuig an Síntiúsóir (€) tSíntiúsóra an síntiús Síntiúsóir, cad i leith an tsíntiúis? é ainm agus seoladh poist Má eisíodh, tabhair an duine a an dáta ar eisíodh d’iarr an an admháil agus síntiús ainm an duine a d’eisigh an admháil.

1 Mar shampla, airgead tirim/seic, úsáid maoine, seirbhísí etc. 2 Mar shampla, duine den teaghlach, cara, cuideachta, páirtí polaitíochta, etc.

4. Dearbhú Reachtúil Déanaimse (ainm) ...... a dhearbhú go sollúnta agus go macánta go bhfuil an ráiteas thuas ceart i ngach ponc ábhartha, de réir mar is fearr is eol dom agus mar a chreidim, agus go ndearna mé gach gníomh réasúnach chun

84 bheith deimhin de go bhfuil sé cruinn. Déanaim an dearbhú reachtúil seo á chreidiúint go coinsiasach é a bheith fíor agus de bhua an Achta i dtaobh Dearbhuithe Reachtúla 1938.

Síniú: ......

Arna dhearbhú i m’fhianaise [ainm i gceannlitreacha] ...... , [nótaire poiblí] [coimisinéir mionnaí] [feidhmeannach síochána] [aturnae cleachtach], ag ...... [ainm an chomhalta den údarás áitiúil] a bhfuil aithne pearsanta agam air/uirthi, nó ar chuir ...... , a bhfuil aithne phearsanta agam air/uirthi, in aithne dom é/í nó ar suíodh a chéannacht/céannacht dom sula ndearnadh an Dearbhú trí cheann de na doiciméid seo a leanas a thabhairt ar aird dom: pas uimh...... [uimhir an phas] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh], ar údarás é atá aitheanta ag Rialtas na hÉireann] nó cárta aitheantais náisiúnta uimh...... [uimhir an chárta aitheantais náisiúnta] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh] ar Ballstát de chuid an AE é, ag údaráis Chónaidhm na hEilvéise nó ag údaráis Páirtí Chonarthaigh i gComhaontú LEE] nó Pas Eachtrannaigh uimh...... (doiciméad atá comhionann le pas) [uimhir an phas] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh], ar údarás é atá aitheanta ag Rialtas na hÉireann] nó doiciméad taistil dídeanaí uimh...... [uimhir an doiciméid] arna eisiúint an ...... [an dáta eisiúna] ag an Aire Dlí agus Cirt, Comhionannais agus Cosanta nó doiciméad taistil (seachas doiciméad taistil dídeanaí) ...... [uimhir an doiciméid] arna eisiúint an ...... [an dáta eisiúna] ag an Aire Dlí agus Cirt, Comhionannais agus Cosanta i/in/sa/san ...... [áit an tsínithe] an ...... ú lá seo de ...... [dáta]

………………………………………………… [síniú an fhinné]

Tabhair do d’aire, le do thoil, nach mór don fhinné a bheith cáilithe chun gníomhú mar bhall de cheann de na haicmí seo a leanas: Coimisinéir Mionnaí / Nótaire Poiblí / Feidhmeannach Síochána / Aturnae Cleachtach.

PIONÓIS Aon duine a dhéanfaidh dearbhú reachtúil atá, go bhfios dó nó di, bréagach nó míthreorach, dlífear, ar é nó í a chiontú, fíneáil nach mó na €3,000 nó príosúnacht ar feadh téarma nach faide ná sé mhí, nó iad araon, a chur air nó uirthi.

Agusín 2 - Deimhniú le bheith i dteannta an ráitis ó fhoras airgeadais AN tACHT UM THOGHCHÁIN ÁITIÚLA (SÍNTIÚIS AGUS CAITEACHAS A NOCHTADH) 1999

DEIMHNIÚ ATÁ LE CUR AG GABHÁIL LE RÁITEAS Ó INSTITIÚID AIRGEADAIS MAIDIR LE CUNTAS SÍNTIÚS POLAITÍOCHTA ATÁ AG COMHALTA D’ÚDARÁS ÁITIÚIL

NÍ CHUIRFEAR AN DEIMHNIÚ SEO AR TAISPEÁINT GO POIBLÍ

Ainm an Chomhalta

Seoladh

Údarás áitiúil

85 Dearbhaím leis seo go ndearnadh síntiús níos mó ná €100, agus síntiúis ina dhiaidh sin, a fuair mé chun críoch polaitíochta i rith na bliana ...... (cuir isteach uimhir na bliana) a thaisceadh sa chuntas síntiús polaitíochta thíos, a bhfuil ráiteas ina leith i gceangal leis seo, agus go ndearnadh na méideanna go léir a íocadh as an gcuntas sin (seachas muirir a ghearr an institiúid) a úsáid chun críoch polaitíochta.

Uimhir an Chuntais

Seoladh na hinstitiúide airgeadais

An dáta a osclaíodh an cuntas

Síniú: Dáta:

Dearbhú Reachtúil

Déanaimse (ainm) ...... a dhearbhú go sollúnta agus go macánta go bhfuil an ráiteas thuas ceart i ngach ponc ábhartha, de réir mar is fearr is eol dom agus mar a chreidim, agus go ndearna mé gach gníomh réasúnach chun bheith deimhin de go bhfuil sé cruinn. Déanaim an dearbhú reachtúil seo á chreidiúint go coinsiasach é a bheith fíor agus de bhua an Achta i dtaobh Dearbhuithe Reachtúla 1938.

Síniú: ......

Arna dhearbhú i m’fhianaise [ainm i gceannlitreacha] ...... , [nótaire poiblí] [coimisinéir mionnaí] [feidhmeannach síochána] [aturnae cleachtach], ag ...... [ainm an chomhalta den údarás áitiúil] a bhfuil aithne pearsanta agam air/uirthi, nó ar chuir ...... , a bhfuil aithne phearsanta agam air/uirthi, in aithne dom é/í nó ar suíodh a chéannacht/céannacht dom sula ndearnadh an Dearbhú trí cheann de na doiciméid seo a leanas a thabhairt ar aird dom: pas uimh...... [uimhir an phas] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh], ar údarás é atá aitheanta ag Rialtas na hÉireann] nó cárta aitheantais náisiúnta uimh...... [uimhir an chárta aitheantais náisiúnta] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh] ar Ballstát de chuid an AE é, ag údaráis Chónaidhm na hEilvéise nó ag údaráis Páirtí Chonarthaigh i gComhaontú LEE] nó Pas Eachtrannaigh uimh...... (doiciméad atá comhionann le pas) [uimhir an phas] arna eisiúint an ...... [an dáta eisiúna] ag údaráis ...... [an stát a d’eisigh], ar údarás é atá aitheanta ag Rialtas na hÉireann] nó doiciméad taistil dídeanaí uimh...... [uimhir an doiciméid] arna eisiúint an ...... [an dáta eisiúna] ag an Aire Dlí agus Cirt, Comhionannais agus Cosanta nó doiciméad taistil (seachas doiciméad taistil dídeanaí) ...... [uimhir an doiciméid] arna eisiúint an ...... [an dáta eisiúna] ag an Aire Dlí agus Cirt, Comhionannais agus Cosanta i/in/sa/san ...... [áit an tsínithe] an ...... ú lá seo de ...... [dáta]

………………………………………………… [síniú an fhinné]

Tabhair do d’aire, le do thoil, nach mór don fhinné a bheith cáilithe chun gníomhú mar bhall de cheann de na haicmí seo a leanas: Coimisinéir Mionnaí / Nótaire Poiblí / Feidhmeannach Síochána / Aturnae Cleachtach.

PIONÓIS Aon duine a dhéanfaidh dearbhú reachtúil atá, go bhfios dó nó di, bréagach nó míthreorach, dlífear, ar é nó í a chiontú, fíneáil nach mó na €3,000 nó príosúnacht ar feadh téarma nach faide ná sé mhí, nó iad araon, a chur air nó uirthi.

86 The report of the Chief Executive was NOTED.

C/671/14 Draft Waste Management Plan for the Eastern and Midlands Region

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

“Eastern-Midlands Draft Regional Waste Management Plan 2015-2021. In 2001 Ireland was divided into 10 Regions for the purposes of Waste Management Planning. There followed 2 Waste Plan Cycles from 2001 to 2005/6 and from 2005/06 to 2011/12. Much was achieved during this period with significant advances with regard to recycling targets, a reduction in the dependence on landfill as a disposal option and the embedding of waste prevention initiatives in Local Authorities. In July 2012 The Minister for the Environment issued a policy statement "A Resource Opportunity- Waste Management Policy in Ireland" which stated that:- “Local Authorities undertaking their waste management planning responsibilities, guided by the programme of reform of local government structures which is currently underway, will significantly reduce the number of regional formations,(currently 10) to no more than 3.” In October 2012 the Minister indicated a reconfiguration of the Regions in the "Action Programme for Effective Local Government - A Guide to Putting People First". The Waste Management Regions were reconfigured in line with the Assembly Regions proposed. Following the evaluation of the existing waste plans, in line with the EU Waste Framework Directive, the Local Authorities of the three proposed regions agreed to prepare waste plans on the new regional basis and the current waste regions were born:

The Eastern and Midlands Waste Region Population 2.2m 12 Authorities

The Southern Waste Region Population 1.5m 10 Authorities

The Connacht Ulster Waste Region Population 0.84m 9 Authorities

The Eastern-Midlands Waste Region [EMWR] encompasses the following Local Authorities:

Dublin City, Dún Laoghaire-Rathdown, South Dublin, Fingal, Wicklow, Kildare, Laois, Offaly, Westmeath, Longford, Meath & Louth.

The CCMA, Environment Sub-Committee, subsequently facilitated a process to designate Lead Authorities for the three regions and:

Dublin City Council was designated for the Eastern and Midlands Region Limerick/Tipperary County Councils for the Southern Region and Mayo County Council for the Connacht Ulster Region

Preparation of the regional waste plans began in Q4 2013, in accordance with the European Communities (Waste Directive) Regulations, 2011 and the Waste Management (Planning) Regulations, 1997, and culminated with the publication of the three Draft Regional Waste Management Plans and commenced public consultation phase on 18th of November 2014.

The Draft Plan has been prepared by the Lead Authority supported by the National Coordinating Committee for Waste Management Planning, The Regional Waste Steering Group, individual Local

87 Authorities and the RPS Group in respect of the Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) and common elements of all regional plans.

There was a pre-draft public consultation advertised in 2013 and in addition to this, briefing sessions were held for stakeholders including Irish Waste Management Association representing waste contractors and the Environmental Pillar. In addition several national organisations were also consulted including Repak, Irish Water, An Bord Pleanala and Cement Manufacturer’s Ireland. The DECLG also set up an Advisory Group representing the stakeholders including the Environmental Pillar. A Strategic Environmental Assessment consultation phase was also published in June 2014.

In the course of the development of the Plan’s policies, the Local Authorities have considered many factors including the findings of the evaluations of the previous plans and the successes achieved. Policy development has also taken account of European and national waste legislative requirements and the submissions received during the consultation phase. Environmental impact has been considered throughout the evolution of the Plan.

The preparation of the Plan has been funded by the Local Authorities of the region on a population basis. The national cost of the SEA / AA has been shared by the regions on a population basis.

The Plan’s structure consists of five parts as follows:  Executive Summary  Part 1.0 Background – Chapters 1 to 6  Part 2.0 Present Position – Chapters 7 to 14  Part 3.0 Implementation - Chapters 15 to 20  Appendices

Part 1 - Background sets out the strategic vision for the plan: The strategic vision of the regional waste plan is to rethink our approach to managing wastes, by viewing our waste streams as valuable material resources which can lead to a healthier environment and sustainable commercial opportunities for our economy.

The strategic vision is supported by 8 overall objectives which in turn are supported by policy statements. The Plan contains three headline performance targets in addition to the mandatory targets which must be achieved over the life of the Plan.

88 PART 2 - PRESENT POSITION Data on generation of household, municipal waste, priority wastes and other non-municipal waste has been collated for the Plan. Data on the destinations of these waste streams has also been collated and the biggest change is the move away from landfill disposal over the last few years and this illustrated in the graph below. The increase in the landfill levy has moved residual waste towards thermal recovery solutions in Ireland and abroad.

In 2012 approximately 80% of the permanent private households within the EMR were signed up to a kerbside collection service with generally a higher participation rate in urban areas.

The quantity of unmanaged household waste generated in the EMWR was estimated at 63,333 tonnes, which represents about 19% of the household waste generated in the region. The challenge of addressing the quantity of unmanaged waste in the region will be tracked over the course of the Plan period.

This section also highlights the issues that Local Authorities have with dealing with aftercare of existing landfills and closing landfills with spare capacity. This section also deals with developing a road map for managing high risk (Class A) historic and legacy landfills over the lifetime of the Plan.

PART 3 - Implementation The Plan contains over 50 policy statements which are embedded throughout the Plan in the relevant chapters and summarised in Chapter 19 Policy Actions and Targets. Just over 50% of the policy statements are targeted directly at the Local Authority Sector and there are 57 actions identified to give effect to the policies described.

The balance of the policies are designed to give a clear indication as to what the Plan supports, in particular in relation to the provision of waste infrastructure locally, regionally and nationally.

Each of the 57 actions targeted at the Local Authority sector have an associated: Expected Time Line for completion, Target which describes the outcome required, Indicator by which the action can be measured and a Responsibility for the completion of the action typically by the Lead Authority or individual Local Authorities.

Almost 70% of the 57 actions identified for the Local Authority sector will be lead by the Lead Authority illustrating the importance of the role of the Lead Authority in the implementation of the Plan. The balance of the actions will be lead directly by the individual Local Authorities.

89 In policy terms the Plan supports the implementation of legislation, the prioritisation of waste prevention, the transition from a waste management economy to a circular economy, increased coordination at all levels, consistent and coordinated enforcement and regulation, the protection of the environment and human health and the proactive management of wastes not currently subject to either EU or National legislation or regulation.

The Plan further supports the provision of waste infrastructure in keeping with the proximity and self sufficiency principles and in the context of the level of current waste authorisations issued regionally and nationally. The Plan supports the provision of specific quantities of both thermal recovery treatment and biological treatment based on projections of waste arising and current authorised capacities.

There will be an annual review of performance under each policy heading conducted by the Regional Waste Management Office and an Annual Report will be prepared focusing on the progress of Plan implementation across the region. The Draft Plan was published on the 18th of November and all three Draft Regional Plans were launched nationally on that date. The public consultation period commenced on the 18th of November and will run until the 30th of January 2015. Following the public consultation submissions will be considered and the final Plan will be published by the end of Q1 2015

The Draft Plan and further information is available at www.emwr.ie

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

90 The report of the Chief Executive was NOTED.

C/672/14 Adjournment of Meeting

It was AGREED to adjourn the meeting to allow the officials and the Members to consider further the motions handed up from the floor in respect to the Draft Blackrock Local Area Plan.

The meeting adjourned at 6.45 p.m.

C/673/14 Reconvening of Meeting

The meeting reconvened at 7.05 p.m.

C/674/14 Chief Executive's Report submitted in accordance with Section 20 of the Planning and Development Act 2000 (as amended) in respect of the Draft Blackrock Local Area Plan

It was AGREED to take Item No. 5 Chief Executive's Report submitted in accordance with Section 20 of the Planning and Development Act 2000 (as amended) in respect of the Draft Blackrock Local Area Plan at this time.

C/675/14 Pages 3 and 4 Chief Executive's Report: Draft Blackrock Local Area Plan

Introduction - Statutory Background to the Chief Executive’s Report

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

“This Chief Executive’s Report has been prepared in accordance with the provisions of Section 20 (3) of the Planning and Development Act 2000, as amended and sets out the following: (i) List of the persons or bodies who made submissions or observations (i.e. during the public consultation period of the Draft Local Area Plan) (See Part 5). (ii) Summarises the issues raised by the persons in the submissions or observations. (iii) Sets out the opinion of the Chief Executive in relation to the issues raised, and her recommendations in relation to the proposed Local Area Plan, taking account of the proper planning and sustainable development of the area, the statutory obligations of any Local Authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. (iv) In the case of each Planning Authority within the GDA, a report shall summarise the issues raised and the recommendations made by the National Transport Authority (NTA) and outline the recommendations of the Chief Executive in relation to the manner in which those issues and recommendations should be addressed in the proposed Local Area Plan.

Contents & Format of This Report Having regard to the provisions of the Planning and Development Act, 2000, as amended, Part 2 of this Chief Executive’s Report sets out a summary of the issues raised in the submission made by the National Transportation Authority, the Chief Executive’s response and recommendation in accordance with Section 20 (3) (cc) of The Act. Part 3 of the Report sets out a summary of the issues raised in all the other submissions received and the Chief Executive’s response and recommendations. Where the Chief Executive makes a recommendation to change or amend the Draft Plan these are set out in red type. Any additional text recommended as part of the amendment is also underlined.

91 Part 4 identifies any issues in relation to the SEA and AA screening process. Part 5 provides a list of those persons who made submissions in both Alphabetical and Numerical Order and Part 6 provides a summary of the proposed amendments.

Public Consultation The Draft Blackrock Local Area Plan was put on public display on 3rd September 2014. Written submissions and/or observations were invited for a 6 week period ending the 15th October 2014. During this public consultation period the Council pursued a proactive approach in an attempt to raise awareness of the Draft Local Area Plan among the citizens of the County and other stakeholders in the form of:

Detailed public notices placed in the Irish Independent advising of the consultation period, where the Draft Local Area Plan could be accessed/viewed, advising of Public Open Day times and dates and inviting submissions up to and including the closing date.

Public Information Sessions were held at Blackrock Library on Main Street, Blackrock, with Council Officials in attendance at the static displays to assist the public in their consideration of the Plan. The dates were as follows:  Thursday 18 September (17.00hr – 20.00hr)  Tuesday 23 September (14.00hr – 16.00hr & 17.00hr - 20.00hr)  Wednesday 24 September (10.00hr – 13.00hr).

The Draft Local Area Plan was on continuous public display for the duration of the consultation period at the following locations:  The Concourse, County Hall, Dún Laoghaire (9.00-17.00)  Council Offices, Dundrum Office Park (9.30-12.30 and 13.30-16.30)

The Draft Local Area Plan was available to view or download from the Council’s website, www.dlrcoco.ie and made available at libraries in Blackrock, Cabinteely, Dalkey, Dún Laoghaire , Dundrum, Glencullen, Sallynoggin, Shankill and Stillorgan, both in hard copy and through the free web access facilities available at each library.

Submissions/observations in respect of the Draft Local Area Plan were accommodated through a number of mediums – hard copy and e-mail.

Submissions Received The Chief Executive would like to take this opportunity to thank everyone who took the time to make a submission to the Draft Blackrock Local Area Plan, and to particularly thank those who attended the public information sessions.

During the 6-week consultation period a total of 25 no. submissions were received by the Planning Authority.

Next Stage The Members shall consider the Chief Executive’s Report. Following this consideration, the Local Area Plan shall be deemed to be made, in accordance with the recommendations of the Chief Executive as set out in the Report, within 6 weeks after the furnishing of same to all the Members of the Authority, unless the Planning Authority, by resolution, decides to vary or modify the Plan otherwise than recommended in the Chief Executive’s Report or decides not to make the Plan.

Where, however, if the Planning Authority decides to make the Plan otherwise than as recommended in the Chief Executive’s Report, by way of alteration and such alterations are deemed material, the Planning Authority shall, not later than 3 weeks after the passing of a resolution, publish notice of the proposed Material Alteration(s) to the Draft Plan.

The Planning Authority shall determine if a Strategic Environmental Assessment and/or an Appropriate Assessment is required to be carried out with respect to one or more of the proposed

92 Material Alterations. The Chief Executive shall, not later than 2 weeks after this determination, specify an appropriate period considered necessary to facilitate the required assessment(s) and publish a notice of the proposed Material Alteration(s) and the determination to undertake an assessment(s). The assessment(s) of the proposed alteration shall then be carried out by the Planning Authority within the period specified by the Chief Executive.

Not later than 8 weeks after giving such notice of any proposed Material Alteration(s), or such a period as specified by the Chief Executive, the Chief Executive shall prepare a report on any submissions or observations received further to the notice, and submit the Report to the Members of the Authority for their consideration.

The Members of the Authority shall consider the proposed Material Alteration(s) of the Draft Local Plan and the Chief Executive’s Report. Following this consideration, the Local Area Plan shall be made or amended as appropriate by the Planning Authority by resolution no later than 6 weeks after the report has been furnished to the Members of the Authority.

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

The Chief Executive’s report in relation to pages 3 and 4 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 2: Submission National Transportation Authority Submission No. B008 Chapter 4: Movement 4.1 Transport Network Strategy

The following summary of submission received was CONSIDERED:

“(i) The Draft Plan is consistent with the NTA’s general objectives and supports the range of LAP proposals to improve the environment for pedestrians, cyclists and public transport.”

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

“The Chief Executive welcomes the submission.

Recommendation: No change to Draft LAP.”

The Chief Executive’s recommendation in relation to page 7 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Introduction

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

“Introduction Part 3 of the Chief Executive’s Report summarises the issues raised in the 25 no. submissions and gives the Chief Executive’s response and recommendation to each. The response takes into account the proper planning and sustainable development of the area, any statutory obligations of the Local Authority and any relevant Government policies or objectives as required under Section 20(3)(c) (iii) of the Planning and Development Act 2000, amended.

The various issues raised have been grouped under a number of headings which correlate and cross- refer to the various Chapters of the Draft Blackrock Local Area Plan, as follows:

1. Introduction & Context 2. Heritage & Conservation 3. Urban Structure & Character 4. Movement 5. Population, Housing & Social Infrastructure 6. Employment 7. Retail 8. Environmental Infrastructure & Services 9. Open Space, Recreation & Green Infrastructure

Miscellaneous Issues Appendices

Where the Chief Executive’s Recommendation proposes ‘No change to the Draft Blackrock Local Area Plan, the recommendation is printed in Black type. Where the Chief Executive’s Recommendation proposes an amendment to the Draft Blackrock Local Area Plan the recommended amendment is printed in Red type. Any additional text recommended as part of the amendment is also underlined.

Where issues are site specific or have a spatial context the relevant Map Number(s) is shown. Where amendments are proposed to Maps, these Maps have been included in Part 6 “Summary of proposed Amendments”.”

The Chief Executive’s report in relation to page 11 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 1: Introduction and Context 1.2 What is a Local Area Plan

The following summary of submission received was CONSIDERED:

“(i) There needs to be flexibility in the timeframe for the implementation of key elements contained within the LAP.”

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

“A Local Area Plan is a statutory document prepared in accordance with the requirements of Section 18-20 of the Planning and Development Act 2000, as amended. The lifetime of an LAP is provided

94 for under this legislation. The lifetime of a Local Area Plan maybe extended in accordance with Section 19 of the Planning and Development Act 2000, as amended.

Recommendation: No change to Draft LAP.”

The Chief Executive’s recommendation in relation to page 13 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B005 Chapter 1: Introduction and Context 1.2 What is a Local Area Plan 1.2.2 Public Consultation

The following summary of submission received was CONSIDERED:

“(i) We do not consider that there has been sufficient consultation with the local residents.”

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

“The public display of the Draft Blackrock LAP was undertaken in accordance with the requirements of the Planning and Development Act 2000, as amended, as set out within Section 1.2.2 of the Draft LAP.

- The Public Display Period ran from 3 September to 15 October inclusive. - The Draft LAP was made available for inspection at County Buildings, Dún Laoghaire, at the Dundrum Area office and at all branches of the County Libraries and on the County Council website. The Draft LAP is also available for purchase. - Public Information Sessions were held locally in Blackrock Library on 18th, 23rd and 24th September where officials were in attendance to address any queries or clarify any issues. - The main proposals within the Draft LAP (in illustrative format) were included as an integral part of the display and Information Sessions.

Recommendation: No change to Draft LAP.”

The Chief Executive’s recommendation in relation to page 13 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

C/680/14 Pages 13 and 14 Chief Executive's Report: Draft Blackrock Local Area Plan

Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 (DoE) Chapter 1: Introduction and Context 1.3 Planning Policy and Context 1.3.3 Appropriate Assessment

The following summary of submission received was CONSIDERED:

“(i) DLRCOCO need to liaise with the NPWS to satisfy itself that the Draft LAP is in accordance with the Habitats Directive with particular regard to S2S.”

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

“‘It is an objective of the Council to promote the development of the Sutton to Sandycove (S2S) Promenade and Cycleway in accordance with the objectives of the County Development Plan 2010- 2016. It should be noted that this coastal route will be subject to a feasibility study, including an assessment of route options. Any development proposals shall be subject to Appropriate Assessment Screening in accordance with the requirements of the EU Habitats Directive to ensure the protection and preservation of all designated SPA’s, cSAC’s, and pNHA's of Dublin Bay and the surrounding area’.

The Draft Local Area Plan was subject to Appropriate Assessment Screening in accordance with the Habitats Directive. It was determined that the Draft LAP, when implemented, would not have any likely significant environmental effects.

Recommendation: No change to Draft LAP.”

The Chief Executive’s recommendation in relation to pages 13 and 14 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 1: Introduction and Context 1.4 Structure of Blackrock LAP

The following summary of submission received was CONSIDERED:

“(i) Blackrock Shopping Centre welcomes the Draft LAP and considers that the Plan outlines positive strategies for future development and improvement for the area.”

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

“Comment noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 14 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 1: Introduction and Context 1.4 Structure of Blackrock LAP

The following summary of submission received was CONSIDERED:

“(ii Draft LAP is well structured - pointing towards planning objectives developing the residential, ) leisure, transport and commercial aspects of the town whilst maintaining its current advantages.”

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

“Comment noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 14 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B018 (DAA) Chapter 1: Introduction and Context 1.4 Structure of Blackrock LAP

The following summary of submission received was CONSIDERED:

“(iii The Department of the Environment, Community and Local Government notes that Dún ) Laoghaire- Rathdown County Council has prepared a well written and legible Draft LAP.

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

“Comment noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 14 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.3(i) Lands at St. Teresa’s and Dunardagh

The following summary of submission received was CONSIDERED:

“(i) Objective D2 referring to the restoration of the Formal Gardens, may be difficult or impossible to deliver as the lands may be developed by an independent 3rd party developer. In such a scenario, the Formal Gardens may lie outside the application site. To amend Objective D2 by replacing “redevelopment of the lands” with “redevelopment within this character area.””

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

“Objective D2 states “It is an objective of the Council to encourage the restoration of the Formal Gardens of Dunardagh (RPS 1897) as part of any redevelopment of the lands. This should be based on site analysis and research by an historic landscape consultant”.

97 In this regard, Objective D2 firstly “encourages” the restoration of the Formal Gardens and also states that this should be done in “any redevelopment” of the lands, regardless of ownership, developer or timing/phasing. This Objective is in place to ensure that the Formal Gardens, which form part of the Protected Structure of St Catherine’s House, remain as part of this house in any likely future redevelopment and remain in such a state/condition that is worthy of its status.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 15 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission Nos. B019; B020 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.3(i) Lands at St. Teresa’s and Dunardagh

The following summary of submission received was CONSIDERED:

“(ii The existing Gate Lodge at the entrance to St Teresa’s is not included as being protected as part ) of any future development and is not listed within the Character Area Map. As this is within the curtilage of St Teresa’s and St Catherine’s Provincial House, it is considered that it should form part of the historical character of the site. - St Teresa’s Gate Lodge should be separately protected.

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

“Objective D11 of Section 2.1.3 (i) states “The Council will endeavour to retain The Gate Lodge at the entrance to St Teresa's and necessitate any extensions to ensure its continued use and viability, in accordance with Policies and Objectives set out in Chapter 2 of the Plan”.

It should also be noted that Objective R18 of section 4.2.3 states “It is an objective of the Council to facilitate the future upgrading of the junction at Temple Hill/Newtown Avenue/St Vincent's Park in tandem with the redevelopment of St. Teresa's and Dunardagh landholdings in accordance with Objective DS15.”

It is considered that the existing Objective D11 is appropriate and its future will be fully assessed as part of any planning application to develop the lands.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. (7) from the floor at this time.

Motion No. (7) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin, V. Boyhan and M. Baker:

“Motion to amend the Draft Blackrock Local Area Plan on page 16, in D11, in the second paragraph, to delete the words “endeavour to” after “The Council will” and before “retain The Gate Lodge”.”

Councillor B. Ward amended his motion as follows:

98 It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin, V. Boyhan and M. Baker:

“Motion to amend the Draft Blackrock Local Area Plan on page 16, in D11, in the second paragraph, to delete the words “endeavour to” after “The Councill will” and before “retain The Gate Lodge” and remove “at the entrance to St. Teresa’s”.”

Motion no. (7) from the floor, as amended, was AGREED.

The Chief Executive’s recommendation in relation to page 15 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motion no. (7) from the floor above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.3(i) Lands at St. Teresa’s and Dunardagh

The following summary of submission received was CONSIDERED:

“(iii The inclusion of allotments and/or community gardens should be considered in any future ) development of the St. Teresa’s and Dunardagh lands to cater for those downsizing yet wanting a garden.”

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

“Objective D7 of the Draft LAP states, “It is an objective of the Council to ensure that any development of Character Area 3 shall be ‘free standing’ so as not to engage the walls of the former garden and shall be loose in nature in order to allow for areas of communal private open space incorporating plots for cultivation and the retention of the orchard or part thereof. Any development shall employ a contemporary and imaginative design and shall use materials chosen to compliment the existing palette of materials of rubble stone and timber”.

Furthermore, Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS4 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Drawing no.2 indicates a variety of housing type, including apartments, own door terrace/duplex, detached dwellings and Mews/courtyard type dwellings, many of which would be suitable for downsizing and provide for private or communal open space/gardens.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 15 and 16 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation

99 Submission No. B022 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.3(ii) Deepwell

The following summary of submission received was CONSIDERED:

“(i) To include the following Objective for the redevelopment of Deepwell: It is an objective of the Council to promote the sensitive development of the “Potential Development Area” at Deepwell (Map 5).”

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

“Section 2.1.3 “Protected Structures with Development Potential” identifies the residence of Deepwell and its lands as a site which “may have development and redevelopment potential (Map 5)”. Although there are no objectives referring specifically to encouraging the redevelopment of Deepwell, Section 2.1.3 of the Draft LAP acknowledges its development potential. Section 2.1.3 should be read in conjunction with Section 2.1.2 “Protected Structures and Architectural Conservation Areas”, which provides specific objectives relating to works/development of Protected Structures and associated lands.

It is considered, having regard to the current Residential Zoning in the County Development Plan, the identification of Deepwell as a site that may have development potential in Section 2.1.3 of the Draft LAP, the character assessment detailed in Section 2.1.3 (iii) and the objectives for works/development to Protected Structures and associated lands in Section 2.1.2 of the Draft LAP, that adequate provision is made to guide any potential redevelopment of Deepwell.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 16 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.5 Archaeological Heritage

The following summary of submission received was CONSIDERED:

“(i) The LAP should have regard to comments from the Department of the Arts Heritage and the Gaeltacht in relation to known and mapped national monuments.”

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

“The Department of Arts Heritage and the Gaeltacht were consulted during the Draft LAP process. No submission was received from them.

Recommendation: No Change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 16 and 17 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

100 C/689/14 Page 17 Chief Executive's Report: Draft Blackrock Local Area Plan

Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 2: Heritage and Conservation 2.1 Built Heritage 2.1.6 Signage and Heritage Maps

The following summary of submission received was CONSIDERED:

“(ii Proposal to provide a welcome signage information totem and coordinated street furniture in ) Blackrock.”

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

“Objective SM1 states ‘It is an objective of the Council to facilitate and provide where appropriate, signage and maps communicating an interpretation of the historical and natural heritage of Blackrock and Dublin Bay’. It is considered that the vicinity of the DART Station could be an appropriate location for such interpretive panels/mapping. A welcome sign could also be incorporated as part of the street signage. The details of the street furniture would be prepared as part of the ‘Village Improvement Scheme’ proposed under PR8.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 17 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B0107; B013; B019; B023; B026 Chapter 2: Heritage and Conservation 2.2 Natural Heritage and Conservation 2.2.4 Trees, Woodlands and Hedgerows

The following summary of submission received was CONSIDERED:

“(i) - No clear indication in the Draft LAP of the proposed destruction of mature trees. - To guarantee the preservation of mature trees, especially those which form a buffer from noise and development which line the driveway at St Teresa’s and Dunardagh and in the interests of retaining the sylvan setting and biodiversity of the lands.

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

“No Tree Preservation Orders exist on the trees within the St Teresa’s and Dunardagh and Cluain Mhuire landholding. However, a number of the trees and groupings of trees within the landholding are identified in the County Development Plan, 2010-2016, as having the objective ‘To protect and preserve trees and woodlands’.

In addition, Objective DS12 and Drawing No.2 (Site Framework Strategy for St Teresa’s and Dunardagh & Cluain Mhuire) of the Draft LAP states, ‘It is an objective of the Council to protect and

101 preserve mature trees/ tree groupings/ hedgerows that add to the character and sylvan setting of the St Teresa’s and Dunardagh landholding…’. Such trees are indicatively shown on Drawing No.2.

Any proposed development submitted by way of a planning application shall have due regard to these objectives in particular to protect the character of the area and the existing residential amenity of adjoining areas. A detailed Tree Assessment and Management Plan would be requested by the Parks & Landscape Services on foot of any comprehensive planning application submitted for such a development.

To amend Section 2.2.4 of the Draft LAP for purposes of clarity:

Recommendation: In the interests of clarity amend Section 2.2.4 of the Draft LAP “Trees, Woodlands and Hedgerows” Add after "....There are a number of locations within the Plan area where this objective applies (Map 2)”. Note that these locations are indicative only and identify sites with significant trees for protection/preservation (subject to condition and feasibility) and are not necessarily indicative of an individual tree(s) or its exact location(s)."”

The Chief Executive’s recommendation in relation to pages 17 and 18 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B006 Chapter 2: Heritage and Conservation 2.2 Natural Heritage and Conservation 2.2.5 Biodiversity and New Development

The following summary of submission received was CONSIDERED:

“(i) Amend Section 2.2.5 Biodiversity and New Development Objective NHC9 to include the following: All watercourses shall be maintained in their open natural state in order to prevent habitat loss, preserve biological diversity and aid in pollution detection.”

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

“The Chief Executive agrees with this proposed amendment.

Recommendation: To amend the Draft LAP Section 2.2.5 Biodiversity and New Development Objective NHC9 to include the following:

All watercourses shall be maintained in their open natural state in order to prevent habitat loss, preserve biological diversity and aid in pollution detection.”

The Chief Executive’s recommendation in relation to page 18 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011

102 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies General Issues relative to all Proposed Site Framework Strategies

The following summary of submission received was CONSIDERED:

“(i) Amend 3rd Paragraph in Section 3.5 to include “are for illustrative purposes’.”

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

“Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 19 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Theresa’s and Dunardagh General

The following summary of submission received was CONSIDERED:

“(i) St Teresa’s and Dunardagh lands are currently underutilised. The redevelopment would allow for the better use of Rockfield Park and improve Blackrock generally.”

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

“Submission is noted and welcomed.

Recommendation: No Change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 19 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B005; B013; B017; B019; B023; B026

103 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Height (see LAP Section 3.4 and Map 12)

The following summary of submission received was CONSIDERED:

“(i) Object to proposed height of 4 storeys. - There should be a maximum of 3 storeys (& graduated to 2 storey in part) - Heights to be in keeping with existing houses at St Vincent’s Park, Barclay Court and St Louise’s Park.

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

“The proposed maximum building height limit within the St Teresa’s and Dunardagh Site Framework Strategy is 4 and 5 storeys along Temple Hill (noting that only a small section of this part of the site, located away from existing residential units, has a proposed maximum building height of 5 storeys). Having regard to the width of the road along Temple Hill and the location of this section of the site fronting a national route, which provides for a proposed Quality Bus Route, it is considered that this part of the St Teresa’s and Dunardagh site has capacity for greater height and density without seriously impacting on the existing residential amenity of adjoining properties. Furthermore, Objective DS5 and DS9 of Section 3.5.1 of the Draft LAP requires that any redevelopment of the St Teresa’s and Dunardagh lands along Temple Hill shall provide an appropriate set back, an attractive streetscape, interesting building edge and public realm improvements including landscaping.

The proposed maximum building height limits proposed closest to Barclay Court is 3 storeys. Having regard also to the separation distance provided by the existing driveway and the Maretimo stream located between Barclay Court and the site boundary of St Teresa’s and Dunardagh, it is considered that the maximum building height of 3 storeys would not have an impact on existing residential amenity. Furthermore a maximum building height limit to the rear of the existing dwellings along Newtownpark Avenue is also limited to 3 storeys.

The maximum building height in close proximity to St Louise’s Park is 4 storeys. Having regard to Objectives DS1 and SH2, which provides for the protection of the residential amenity of existing dwellings, and having regard to national policy on density (in proximity to public transport), it is considered that the proposed maximum building heights at this location are appropriate.

The area closest to St Vincent’s Park has a maximum building height limit of 4 storeys. Having regard to the points & objectives identified below, it is considered that the maximum building height at this location would not unduly impact on existing residential amenity:

 The existing mature trees and groupings of trees, (including a Local Area Plan Objective DS12 aimed at protecting them – in accordance with the County Development Plan Objective),  The existence of the driveway which runs along the St Teresa’s and Dunardagh site boundary providing a separation distance between any likely development and the existing properties at St Vincent’s Park,  Its location fronting a National Route Corridor and proximity to public transport links, and  Objectives SH2 and DS1 of the Draft LAP.

It is therefore considered that the maximum building height limits proposed throughout the Site Framework Strategy have been properly considered and are reasonable and location appropriate.

Recommendation: No change to the Draft LAP.”

It was AGREED to take Motion No. 10 from the floor at this time.

104 Motion No. (10) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin and V. Boyhan:

“Motion to amend the Draft Blackrock Local Area Plan On map 12, to amend the height restrictions on the site shaded in pink ( per map key 4 storeys) at St Teresa’s/ Dunardagh, to be graduated height restriction starting at three stories on the section adjacent to St Vincent’s Park, rising to four stories elsewhere.”

A discussion took place, during which Ms. T. Flanagan, Senior Executive Planner responded to Members queries.

Motion No. (10) from the floor was AGREED.

The Chief Executive’s recommendation in relation to pages 20 and 21 of the Chief Executive’s Report Draft Blackrock Local Area Plan in respect of Chapter 3: Urban Structure and Character, 3.5 Site Framework Strategies, 3.5.1 St. Teresa’s and Dunardagh, Height (see LAP Section 3.4 and Map 12) was NOT AGREED.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B013 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Height (see LAP Section 3.4 and Map 12)

The following summary of submission received was CONSIDERED:

“(ii Higher units to be located to rear of the development along Rockfield Park, not near Temple ) Hill. Lower heights at the top of the hill so as not to dominate the skyline to compliment sites topography.”

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

“Objective DS1 states, ‘It is an objective of the Council that any redevelopment of the Teresa’s and Dunardagh lands shall incorporate a range of building heights in accordance with the limits set out in Map 12. Notwithstanding the maximum building height limits identified, the Planning Authority would have to be satisfied that the proposed development for the entire site provides for a range of building height that is respectful of the sites’ topography, natural and built heritage and that would enhance the overall character of the area’,

It is therefore, considered that the Objectives in the Draft LAP allow for a range of building heights respectful of the sites’ topography. It should be noted that Map 12 identifies the maximum building height and that Drawing No.2.is indicative only.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 21 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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105 Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Height (see LAP Section 3.4 and Map 12)

The following summary of submission received was CONSIDERED:

“(iii Supportive of Building Height Strategy for St Teresa’s and Dunardagh as identified in DS1.” )

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

“The submission is noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 21 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B005; B013; B019 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(i) Density is not appropriate to the area or the needs of the market place. Density should allow for family homes not apartments.”

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

“The subject site is within 1km of both a DART Station and District Centre and 500m of a Quality Bus Route. The proposed residential density of between 45-55 units per hectare is therefore consistent with Policy RES3: Residential Density as set out within the County Development Plan, 2010-2016, which states:

‘Where a site is located within circa 1 kilometre pedestrian catchment of a rail station and/or Luas line, and/or 500 metres of a Quality Bus Route, and /or 1 kilometre of a town or district centre, higher densities at a minimum of 50 units per hectare will be encouraged…’

Objective DS3 of the Draft LAP states that any proposed development on the St Teresa’s and Dunardagh lands shall exclude the Formal Gardens and the tree belts from the overall site area in the calculation of residential density to ensure the protection of these sensitive elements. A minimum density of between 45-55 units per hectare is considered appropriate having regard both to CDP policy and to the character and setting of the sites.

106 Objective CS3 of the Draft LAP identifies an appropriate minimum density of 35-45 units per hectare, having regard to the setting and character of the sites and in particular the Protected Structures of Cluain Mhuire and the Entrance Piers/Gates.

Furthermore, Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS5 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Any future planning application made in relation to the redevelopment of the St Teresa’s and Dunardagh landholding and/or within Cluain Mhuire will be required to provide a mix of house types in accordance with the specific objectives (above) as set out within the LAP and with the similar policies contained in the County Development Plan, 2010-2016.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 21 and 22 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B005; B019 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(ii The densities will impact on traffic and other infrastructure.” )

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

“It is Council policy to support sustainable modes of transport and ensure that land use and zoning are fully integrated with the provision and development of high quality transportation systems.

Where a new development has significant car trip potential, the impact of the surrounding environment should be appraised through the submission of a Transport Impact Assessment (TIA).

The Government’s Smarter Travel Policy seeks to encourage a shift away from cars to more sustainable forms of transport, such as public transport, cycling and walking. The Draft LAP provides for improved cycling and pedestrian facilities together with the existing frequent bus routes and the DART.

Recommendation: No Change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 22 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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107 Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019; B023 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(iii Concern regarding the proposed density in close proximity to St Vincent’s Park which has an ) existing density of 25 units/per hectare. There should be a maximum density of 45 units per hectare.”

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

“The subject site is within 1km of both a DART Station and District Centre and 500m of a Quality bus route. Objective DS3 of the Draft LAP identifies an appropriate minimum density having regard to the setting and character of the sites and in particular the Protected Structures of St Teresa’s and St Catherine’s House and having regard to National, Regional and County Policy on Residential Densities. As such it is considered that a density of 45 -55 units per hectare is consistent with relevant policy and guidelines and the sites’ characteristics.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 22 and 23 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(iv) It is considered that only a reduced density can be achieved on this site and that the Site Framework Strategy is not a true representation of achievable densities, height and housing mix. A greater density range, in Objective DS3, allowing for densities of 35-55 units per hectare would allow for greater flexibility in the development of these lands and would be more suitable for this site.”

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

“The subject site is within 1km of both a DART Station and District Centre and 500m of a Quality bus route. Objective DS3 of the Draft LAP identifies an appropriate minimum density having regard to the setting and character of the sites and in particular the Protected Structures of St Teresa’s and St Catherine’s House and having regard to National, Regional and County Policy on Residential Densities. As such it is considered that a density of 45 -55 units per hectare is consistent with relevant policy and guidelines and the sites’ characteristics.

108 The indicative layout identified on Drawing no.2 has been prepared by DLR Architects and full consideration of housing mix, size, and height has been fully considered in the density calculations.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 23 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(v) Objective DS1 – apartments are considered suitable in the redevelopment of these lands, but should be restricted in the area abutting Rockfield Park.”

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

“Objective DS1 states, ‘It is an objective of the Council that any redevelopment of the Teresa’s and Dunardagh lands shall incorporate a range of building heights in accordance with the limits set out in Map 12. Notwithstanding the maximum building height limits identified, the Planning Authority would have to be satisfied that the proposed development for the entire site provides for a range of building height that is respectful of the sites’ topography, natural and built heritage and that would enhance the overall character of the area’,

In particular, DS7 states, “It is an objective of the Council that any redevelopment of the lands at St Teresa’s and Dunardagh shall ensure that new development will address Rockfield Park and shall provide for active residential frontage and a high level of passive supervision. The layout and design shall incorporate a mixture of residential typologies – including own door units along the boundary with Rockfield Park as illustrated in Drawing no.2”.

No.2. is indicative, however, it does indicate the preference for own door units to create an active frontage onto the park.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 23 and 24 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Housing Mix

109 The following summary of submission received was CONSIDERED:

“(i) Supportive on the policy on housing & apartment mix in Objective DS4.”

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

“The submission is noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 24 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Housing Mix

The following summary of submission received was CONSIDERED:

“(ii In relation to Part V it is considered that the provision of HSE housing on any part of the lands ) should qualify as appropriate provision of social/ affordable housing.”

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

“Any proposed development submitted as a planning application for the St Teresa’s and Dunardagh and Cluain Mhuire landholding will be subject to strict compliance with Part V of the Planning and Development Act 2000, as amended. The provision of social and affordable housing, in this regard, will be considered by the Planning Authority at that time.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 24 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016; B019 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Housing Mix

The following summary of submission received was CONSIDERED:

“(iii The development at St Teresa’s and Dunardagh provides an opportunity for needed ) downsizing accommodation for the older community. The housing mix should reflect this.”

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

“Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS4 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Furthermore, Drawing no.2 indicates a variety of housing type, including apartments, own door terrace/duplex, detached dwellings and mews/courtyard type dwellings, many of which would be suitable for downsizing.

Any future planning application made in relation to the redevelopment of the St Teresa’s and Dunardagh landholding and/or within Cluain Mhuire will be required to provide a mix of house types in accordance with the specific objectives (above) as set out within the LAP.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 24 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Housing Mix

The following summary of submission received was CONSIDERED:

“(iv) Provision for housing for the elderly should be provided within the St. Teresa’s and Dundardagh lands.”

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

“Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ states that new residential development ‘shall incorporate a residential mix…. Consideration should be given to the provision of housing for the elderly in accordance with Policy RES9: ‘Housing for the Elderly (Section 5.4.3) of the County Development Plan 2010-2016’

Objective HC3 set out in Section 5.5.2 ‘Care for the Elderly’ further states ‘that applications for substantial residential development shall include an element of purpose-built accommodation for the elderly unless it can be demonstrated that such accommodation is not required within the area’.

In this regard, it is considered that there are adequate objectives to encourage residential accommodation for the elderly provided for within the Draft LAP.

Any future planning application made in relation to redevelopment within the St Teresa’s and Dunardagh landholding will be subject to compliance with the above objectives set out within the LAP and with the wider policies contained in the County Development Plan, 2010-2016.

Recommendation: No change to the Draft LAP.”

111 The Chief Executive’s recommendation in relation to pages 24 and 25 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Housing Mix

The following summary of submission received was CONSIDERED:

“(v) The inclusion of allotments and/or community gardens should be considered in any future development of the St. Teresa’s and Dunardagh lands to cater for those downsizing yet wanting a garden.

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

“Objective D7 of the Draft LAP states, “It is an objective of the Council to ensure that any development of Character Area 3 shall be ‘free standing’ so as not to engage the walls of the former garden and shall be loose in nature in order to allow for areas of communal private open space incorporating plots for cultivation and the retention of the orchard or part thereof. Any development shall employ a contemporary and imaginative design and shall use materials chosen to compliment the existing palette of materials of rubble stone and timber”.

Furthermore, Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS4 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Drawing no.2 indicates a variety of housing type, including apartments, own door terrace/duplex, detached dwellings and Mews/courtyard type dwellings, many of which would be are suitable for downsizing and provide for private or communal open space/gardens.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 25 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

112 “(i) Concern that the indicative layout plan illustrated in Drawing no.2 will be interpreted as the plan which should be strictly adhered to in the assessment of any planning application. Request the use of the word ‘illustrative’ to describe the drawings.

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

“Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion nos. (5), (1) and (9) from the floor at this time.

Motion No. (5) from the floor: It was proposed by Councillor D. Kingston, K. Feeney and M. Hanafin:

“Draft Blackrock Local Area Plan (Page77) SF1 andSF2 add in ‘any study or assessment undertaken shall also take into consideration the economic, social, cultural and environmental impacts of the S2S project’.”

Motion No. (5) from the floor was WITHDRAWN.

Motion No. (1) from the floor: It was proposed by Councillor M. Baker and seconded by Councillor V. Boyhan:

“That the reference to Design Principle No 6 on page 30 of the Draft be deleted, together with any other reference in the Plan that relates to the creation of a visual connection between Rockfield Park and the Quaker Burial Ground.”

A discussion took place, following which motion no. (1) from the floor was AGREED.

Motion No. (9) from the floor: It was proposed by Councillor B. Ward and seconded by Councillors D. Kingston, K. Feeney, M. Hanafin and V. Boyhan:

“Motion to amend the Draft Blackrock Local Area Plan In Drawing 2, to remove design principle 6.”

A discussion took place, following which motion no. (9) from the floor was AGREED.

The Chief Executive’s recommendation in relation to pages 25 and 26 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motion no. (1) and motion no. (9) above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation

113 Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(ii The alignment of the road in front of St Catherine’s is not optimal as it does not maximise the ) development potential of the lands. There are concerns that the drawings should be indicative and not prescriptive. However, Design Principle no. 8 shows a formal space at this location.

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

“Drawing no.2 indicates a break in the through traffic at this point in front of St Catherine’s House (Design Principle no.11) in conjunction with Objective DS16 which ensures that a pedestrian and cycle only connection from Newtownpark Avenue through to Temple Hill. Drawing no.2 also indicates (Design Principle no.8) a formal pedestrian space in front of the house to provide a formal setting for the Protected Structure, a connection to Rockfield Park and a focal point at the centre of the overall development.

Section 2.1.3 of the Draft LAP further protects the Protected Structures, their settings and character in any future redevelopment.

Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 26 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(iii Unnecessary open space required adjacent to Design Principle no.4” )

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

“This area of open space is a mature tree belt with an existing Folly located within it. This area has been identified as an important area to be retained, in order to protect both the heritage of the Folly and the sylvan character of the area. This area is identified, together with other existing tree belts adjacent to Rockfield Park as an extension to the Park in the provision of Class 2 open space requirements.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 26 and 27 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(iv) The road alignment shown on Drawing no.2 in front of St Teresa’s would create a severance of the open space and setting in front of the Protected Structure.

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

“The layout of the apartment blocks, open space, roadway and pedestrian routes surrounding St Teresa’s have been done so as to respect the sylvan setting, Protected Structure and protected views (Design Principle no.3) This road would serve only a small section of the entire development and could be designed in such a way to minimise its visual impact.

Section 2.1.3 of the Draft LAP further protects the Protected Structures, their settings and character in any future redevelopment.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 27 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

115 “(v) Design Principle no.3 relates to apartments at St Teresa’s. It should also refer to housing in accordance with Housing Mix Objective DS4.”

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

“The area of the site around St Teresa’s (identified as Character Area 5 and 6 in Section 2.1.3 of the Draft LAP) has limitations to its development potential, including the Protected Structures and trees for preservation (identified in the CDP). As such the objectives and design principles identified in the Site Framework Strategy, have been prepared to ensure the protection of the mature trees and tree belts, the setting for the Protected Structure, including the views south from St Teresa’s. Furthermore, this part of the site is closest to the N31 (Frascati Road/Temple Hill) and within a shorter walking distance to the QBN and DART. As such higher densities should be encouraged. It is considered that apartment style dwellings are best suited at this location and the mix in housing type is provided throughout the entire site.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 27 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(vi) The Daughters of Charity are not in a position to deliver Design Principle no.6 to provide a new entrance into the Quaker Burial Ground.”

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

“This refers to Design Principle no.6 on the Indicative Layout Plan Drawing No.2 and refers to “a new opening in the wall of the Quaker Burial Ground to provide a visual connection between the Park and the cemetery”, not necessarily an entrance to the burial ground. It is considered that the delivery of this in consultation with the Quakers, would be an optimum design element in the redevelopment of the St Teresa’s and Dunardagh site and may, at some date, be achievable.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 27 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies

116 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(vii) Design Principle no.14 relates to the removal of the boundary wall with the Park and reflects Objective DS6. A railing should be reinstated between the belt of trees and the new residential development.”

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

“This request is already provided for in the Draft LAP. DS6 states that “an appropriate low boundary treatment shall be erected between the tree belts and any proposed new residential development”. It should be stressed that the reason for the removal of the boundary wall and erection of a low railing in its place is to achieve visual integrity and connection between the Park and the new residential areas, thereby providing a degree of passive surveillance (notwithstanding the retention of the mature trees).

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 28 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(viii) DS8 refers to “Protected Views”. Views can be listed under Section 10 of the Act in a Development Plan. It is not appropriate to refer to protected views within the context of an LAP.”

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

“DS8 refers to views identified in Chapter 2 under Objectives D3, D6 and D14 within and around the Protected Structures of St Teresa’s and Dunardagh identified in the assessment and preparation of Character Areas 1, 2 and 6.

D3 states “It is an objective of the Council to retain a view from the south elevation of the Protected Structure, south towards Rockfield Park.”

D6 states” …development in Character Area 2 shall be designed in such as manner as not to compromise the views through this area.”

D14 States” …to ensure that development within Character Area 6 be appropriately sited having regard to views to and from the Protected Structure and retain the historic view to the south toward the Dublin Mountains”.

117 The Draft LAP in Objective DS8 does not state that these views are “Protected Views” in the County Development Plan, but has simply assessed the quality and heritage of existing views in order to “protect views” and consequently the setting of the Protected Structures on site.

Recommendation: In the interests of clarity amend the term “Protected Views” in the legend on Drawing no.2 Site Objectives and Movement Diagram, to read:

Protect/Retain Views”

The Chief Executive’s recommendation in relation to page 28 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Specific Design Objectives and Principles

The following summary of submission received was CONSIDERED:

“(ix) Objective DS7 - Active Frontage with multiple open access points to Rockfield Park should be created at this location.”

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

“In particular, DS7 states, “It is an objective of the Council that any redevelopment of the lands at St Teresa’s and Dunardagh shall ensure that new development will address Rockfield Park and shall provide for active residential frontage and a high level of passive supervision. The layout and design shall incorporate a mixture of residential typologies – including own door units along the boundary with Rockfield Park as illustrated in Drawing no.2”.

Furthermore Objective DS13 ensures that in any redevelopment of these lands a high level of pedestrian and cycle permeability is provided, with the provision of clear legible routes connecting the site with surrounding areas. Access into Rockfield Park would be created by an open-permeable network of routes thereby avoiding the creation of a gated community. This network of routes will allow good connectivity with the Park - similar in nature to the current access arrangements from other adjoining developments such as Barclay Court, Brookfield Place, Avondale Court and Castlebyrne Park.

Drawing No.2.is indicative, however it does indicate the preference for own door units to create an active frontage onto the Park and the provision of new entrances from the development into the Park.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 28 and 29 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation

118 Submission No. B007; B013; B019; B023; B026 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Open Space

The following summary of submission received was CONSIDERED:

“(i) - No clear indication in the Draft LAP of the proposed destruction of mature trees. - To guarantee the preservation of mature trees, especially those which form a buffer from noise and development which line the driveway at St Teresa’s and Dunardagh and in the interests of retaining the sylvan setting and biodiversity of the lands.

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

“No Tree Preservation Orders exist on the trees within the St Teresa’s and Dunardagh and Cluain Mhuire landholding. However, a number of the trees and groupings of trees within the landholding are identified in the County Development Plan, 2010-2016, as having the objective ‘To protect and preserve trees and woodlands’.

In addition, Objective DS12 and Drawing No.2 (Site Framework Strategy for St Teresa’s and Dunardagh & Cluain Mhuire) of the Draft LAP states, ‘It is an objective of the Council to protect and preserve mature trees/ tree groupings/ hedgerows that add to the character and sylvan setting of the St Teresa’s and Dunardagh landholding…’. Such trees are indicatively shown on Drawing No.2.

Any proposed development submitted by way of a planning application shall have due regard to these objectives in particular to protect the character of the area and the existing residential amenity of adjoining areas. A detailed Tree Assessment and Management Plan would be requested by the Parks and Landscapes Services on foot of any comprehensive planning application submitted for such a development.

To amend Section 2.2.4 of the Draft LAP for purposes of clarity:

Recommendation:

In the interests of clarity amend Section 2.2.4 of the Draft LAP “Trees, Woodlands and Hedgerows.”

Add after "....There are a number of locations within the Plan area where this objective applies (Map 2)”. Note that these locations are indicative only and identify sites with significant trees for protection/preservation (subject to condition and feasibility) and are not necessarily indicative of an individual tree(s) or its exact location(s)."”

The Chief Executive’s recommendation in relation to pages 29 and 30 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B013 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Open Space

The following summary of submission received was CONSIDERED:

119 “(ii Provision of adequate Open Space. Quaker Burial Ground lies outside the landholding.” )

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

“The level of open space provision required within any proposed redevelopment of the lands at St Teresa’s, Dunardagh and Cluain Mhuire have been fully considered having regard to INST Objective (in the current County Development Plan), the sylvan setting, mature trees identified for ‘preservation’ under the County Development Plan, the Protected Structures that exist on site and the adjacent cACA Quaker Burial Ground (not within the landholding). The required elements of open space are identified in Objective DS11 and CS4.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 30 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 (DoE) Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Open Space

The following summary of submission received was CONSIDERED:

“(iii The LAP should include text from the County Development Plan 2010-2016 relating to INST ) lands and its use regarding the level of open space required to avoid confusion.”

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

“The level of open space provision required within the INST lands of St Teresa’s and Dunardagh have been fully considered having regard to the sylvan setting, mature trees identified for ‘preservation’ under the County Development Plan and the Protected Structures that exist on site and the adjacent cACA Quaker Burial Ground. The required elements of open space are identified in Objective DS11.

It is considered inappropriate to re-iterate the wording of the County Development Plan objective in this instance and not in other cases where certain objectives rely on the overarching objectives and Policies of the County Development Plan.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 30 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019

120 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Open Space

The following summary of submission received was CONSIDERED:

“(iv) The inclusion of allotments and/or community gardens should be considered in any future development of the St. Teresa’s and Dunardagh lands to cater for those downsizing yet wanting a garden.”

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

“Objective D7 of the Draft LAP states, “It is an objective of the Council to ensure that any development of Character Area 3 shall be ‘free standing’ so as not to engage the walls of the former garden and shall be loose in nature in order to allow for areas of communal private open space incorporating plots for cultivation and the retention of the orchard or part thereof. Any development shall employ a contemporary and imaginative design and shall use materials chosen to compliment the existing palette of materials of rubble stone and timber”.

Furthermore, Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS4 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Drawing no.2 indicates a variety of housing type, including apartments, own door terrace/duplex, detached dwellings and mews/courtyard type dwellings, many of which would be are suitable for downsizing and provide for private or communal open space/gardens.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 30 and 31 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Movement

The following summary of submission received was CONSIDERED:

“(i) Entrance/exit from/to St.Vincent’s Park from Temple Hill is dangerous. - No real account of proposed huge increase in traffic likely to be generated and the impacts including noise. - Would like to see a second access point with a one-way system.”

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

121 “Objective DS15 ‘St Teresa’s and Dunardagh’ and Objective RI8 ‘Junction Improvements’ will ensure that appropriate junction improvements at Temple Hill/Newtown Avenue/St Vincent’s Park are provided as part of any redevelopment of the lands at St Teresa’s and Dunardagh.

Options for all traffic movements will be assessed at the design stage of the new junction as part of any future Planning application for the development.

Furthermore DS16 and CS6 of the Draft LAP restricts any vehicular through-route between the St. Teresa’s and Dunardagh and Cluain Mhuire lands to limit the number of houses accessed at each point. The optimum location of this junction is indicated in Drawing No.2 as being in close proximity to St Catherine’s House. However, any proposed development shall be subject to Traffic Impact Assessments with emphasis on junction capacity and consequently any upgrades that may be required.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. (6) from the floor and Item Nos. 5© and 5(h) from the agenda at this time.

Motion no. (6) from the floor: It was proposed by Councillor D. Kingston and seconded by Councillor K. Feeney and M. Hanafin:

“Draft Blackrock Local Area Plan Draft Page 31 DS16 add in ‘The merits of a one-way system through the proposed development will be investigated as part of any Traffic Impact Assessment’.”

Motion no. (6) was WITHDRAWN.

Motion No. 5(c) on the agenda It was proposed by Councillor M. Baker:

“Section 3.5 (iii) Objectives page 31 of Draft Subsection – Movement DS14 Delete the words “drop off area”.”

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

“Agreed in principle, but it should be noted that if there is no designated drop off area provided then there must be space for vehicles to either turn around safely or perpendicular parking shall be provided to allow for drop off. The detailed design of this car parking area will be considered at project stage (planning application or Part Viii).

Recommendation Amend Section 3.5 (iii) Objectives – Movement Objective DS14 by removing the text: drop off.”

Motion 5(c) was AGREED.

Motion No. 5(h) on the agenda It was proposed by Councillor M. Baker:

“Draft page 76 Objectives: Rockfield Park Amend RP2 so that the following words are deleted "drop off area"

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

“Agreed in principle, but it should be noted that if there is no designated drop off area provided then there must be space for vehicles to either turn around safely or perpendicular parking shall be provided to allow for drop off. The detailed design of this car parking area will be considered at project stage (planning application or Part Viii).

Recommendation Amend Section 9.3 Rockfield Park- Objective RP2 by removing the text: drop off.”

Motion 5(h) was AGREED.

The Chief Executive’s recommendation in relation to page 31 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motions 5(c) and 5(h) above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Movement

The following summary of submission received was CONSIDERED:

“(ii Objectives DS15, DS16 and R18 in relation to improvements of Temple Hill/Newtown Ave and St ) Vincent’s Park, lie outside the immediate control of the site. Any upgrade would require implementation by the Council.”

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

“Objective DS15 ‘St Teresa’s and Dunardagh’ and Objective RI8 ‘Junction Improvements’ will ensure that appropriate junction improvements at Temple Hill/Newtown Avenue/St Vincent’s Park are provided as part of any redevelopment of the lands at St Teresa’s and Dunardagh. The junction layout will have to be approved by the Road Authority (DLR).

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 31 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Movement

123 The following summary of submission received was CONSIDERED:

“(iii Development needs to be connected by good footpaths and road crossings to the village ) centre.”

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

“Objective DS13 ensures that in any redevelopment of these lands a high level of pedestrian and cycle permeability is provided, with the provision of clear legible routes connecting the site with surrounding areas. The Draft LAP proposes the maintenance of a through route for pedestrians and cyclists from Newtownpark Avenue to Frascati Road / Temple Hill to improve overall permeability for pedestrians and cyclists. Access into Rockfield Park would be created by an open-permeable network of routes thereby avoiding the creation of a gated community. This network of routes will allow good connectivity with the Park - similar in nature to the current access arrangements from other adjoining developments such as Barclay Court, Brookfield Place, Avondale Court and Castlebyrne Park.

Furthermore, the objectives identified in Section 4.2.2 Frascati Road in particular Objectives RI4 and RI8 facilitate improved pedestrian and cycling connectivity and permeability from St Teresa’s and Dunardagh through to Blackrock village.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 32 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Movement

The following summary of submission received was CONSIDERED:

“(iv) There is an existing problem with (day-time) parking within St Vincent’s Park and there is a concern that this area would become an overflow parking area for any new development within the St. Teresa’s and Dunardagh lands. Specific and adequate parking for residents, visitors and service vehicles must be provided within any new development within the St. Teresa’s and Dunardagh lands.”

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

“Any future redevelopment within the St Teresa’s and Dunardagh Lands will have to provide adequate on-site car parking for future residents in accordance with parking standards set out in Section 16.10.6: ‘Car Parking Standards’ of the County Development Plan, 2010-2016.

It is Council policy to control commuter parking within estates with Pay and Display metres and permits, subject to the consent of a majority of residents in that estate. Pay and Display was proposed in 2007 but it was not supported by a majority of the residents who returned their ballot papers.

124 Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 32 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Movement

The following summary of submission received was CONSIDERED:

“(v) Objective DS7 - Active Frontage with multiple open access points to Rockfield Park should be created at this location.”

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

“In particular, DS7 states, “It is an objective of the Council that any redevelopment of the lands at St Teresa’s and Dunardagh shall ensure that new development will address Rockfield Park and shall provide for active residential frontage and a high level of passive supervision. The layout and design shall incorporate a mixture of residential typologies – including own door units along the boundary with Rockfield Park as illustrated in Drawing no.2”.

Furthermore Objective DS13 ensures that in any redevelopment of these lands a high level of pedestrian and cycle permeability is provided, with the provision of clear legible routes connecting the site with surrounding areas. Access into Rockfield Park would be created by an open-permeable network of routes thereby avoiding the creation of a gated community. This network of routes will allow good connectivity with the Park - similar in nature to the current access arrangements from other adjoining developments such as Barclay Court, Brookfield Place, Avondale Court and Castlebyrne Park. Drawing No.2.is indicative, however it does indicate the preference for own door units to create an active frontage onto the Park and the provision of new entrances from the development into the Park.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 32 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B007; B026 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Other Issues Noise

125 The following summary of submission received was CONSIDERED:

“(i) No clear indication in the Draft LAP on noise prevention with regard to the development of the St Teresa’s and Dunardagh sites.”

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

“Any proposed development for the site will be assessed at planning application stage where issues affecting residential amenity, at both construction and implementation phases are considered and form part of the Planning Authority’s assessment.

Furthermore, Objective DS12 and Drawing No.2 (Site Framework Strategy for St Teresa’s and Dunardagh & Cluain Mhuire) of the Draft LAP states, ‘It is an objective of the Council to protect and preserve mature trees/ tree groupings/ hedgerows that add to the character and sylvan setting of the St Teresa’s and Dunardagh landholding…’. Such trees are indicatively shown on Drawing No.2. Noise pollution and the buffer trees that can help to mitigate against this will form part of any planning assessment and the requirement for the retention of the mature trees.”

The Chief Executive’s recommendation in relation to page 33 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B005 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Other Issues Flooding

The following summary of submission received was CONSIDERED:

“(i) Severe flooding in Barclay Court in the past. Proposed development causes concern. We expect DLRCOCO has taken due cognisance of the drainage issues in this regard.”

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

“DLRCC completed the Carysfort Maretimo Flood Alleviation Scheme in 2012 which includes significant work in the environs of Barclay Court.

The OPW have also recently completed an updated study of the catchment using the most up to date rainfall and climate change predictions. This study (part of the ECFRAM study) will be available for consultation in 2015 and will also include the Barclay Court environs.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 33 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation

126 Submission No. B013 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.1 St. Teresa’s and Dunardagh Other Issues Flooding

The following summary of submission received was CONSIDERED:

“(i) To consider green spaces in relation to drainage and surface water run off.”

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

“Surface water runoff will be managed in accordance with requirements of GDSDS in terms of the provision of SuDS (Sustainable Drainage Systems). Developers of new residential areas within the LAP area will be encouraged to maximise the synergy between the landscape design of adequately planned green spaces and storm water attenuation when complying with SuDS.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 33 and 34 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.2 Cluain Mhuire General

The following summary of submission received was CONSIDERED:

“(i) The development boundary for Cluain Mhuire is not accurately reflected in the Site Framework Strategy. The boundary extends to include the area immediately south of the main Cluain Mhuire building, part of which is a Protected Structure. In this regard concerns are: - Single storey buildings exist to the south of the main HSE building. - Developing up to the main building would be inappropriate. - Not possible to fit a row of houses on either side of the access road as indicated. - To maximise development potential the road alignment should be relocated. - Houses could only be provided below DoE standards. Amend to include proposals included in submission regarding the above concerns.

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

“The development boundary of the Site Framework Strategy for Cluain Mhuire purposely includes the property Cluain Mhuire, its grounds and the existing portacabins (HSE facility) in order not to preclude any future development opportunity of this part of the site whether as part of a single phased development on the entire site or to allow for the future development of this part of the site cohesively with the remainder of the site. The Objectives in Section 3.5.2 and the Indicative Layout (Drawing no.2) optimises development potential of the entire site whilst still allowing for its development in a phased form.

127

Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 34 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.2 Cluain Mhuire Height (See LAP Section 3.4 and Map 12)

The following summary of submission received was CONSIDERED:

“(i) A height limit of maximum 4 storeys in the Site Framework Strategy does not take into account or respect the Protected Structures or overlooking issues. Amend Map 12 to show a height of a maximum of 3 storeys for the entire site & immediately to the east of the walled garden.”

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

“Having regard to Map 12 which provides for a range in maximum building height of between 3 and 4 storeys; Objective CS2; other objectives within Section 3.5.2 (iii); and in particular Objective CS1 which states: ‘It is an objective of the Council that any redevelopment of the Cluain Mhuire site shall incorporate a range of building heights in accordance with the limits set out in Map 12. Notwithstanding the maximum building height limits identified, the Planning Authority would have to be satisfied that the proposed development for the entire site provides for a range of building heights that is respectful of the sites’ topography, natural and built heritage and that would enhance the overall character of the wider environs and would afford adequate protection of the residential amenity of existing adjoining properties, in particular those which are either in close proximity to or abut the site boundary’.

It is considered that the height limits (and density) proposed take cognisance of the character of the site and its Protected Structures, adjoining properties and their privacy and are appropriate and reasonable in the context of this location.

It should be noted that the maximum building height for the site to the east of (and including) the Walled Garden is 3 storeys.

Recommendation: No change to the Draft LAP.”

128 The Chief Executive’s recommendation in relation to pages 34 and 35 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.2 Cluain Mhuire Density (See LAP Section 3.3 and Map 11)

The following summary of submission received was CONSIDERED:

“(i) There may be a requirement to lower the density to 30 units per hectare.”

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

“The subject site is within 1km of both a DART Station and District Centre and 500m of a Quality bus route. Objective CS3 of the Draft LAP identifies an appropriate minimum density having regard to the setting and character of the site and in particular the Protected Structures of Cluain Mhuire and the Entrance Piers/Gates. As such it is considered that a density of 35-45 units per hectare is consistent with relevant policy and guidelines and the sites characteristics.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 35 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.2 Cluain Mhuire Specific Design and Principles

The following summary of submission received was CONSIDERED:

“(i) Concern that the indicative layout plan illustrated in drawing 2 will be interpreted as the plan which should be strictly adhered to in the assessment of any planning application. Request the use of the word ‘illustrative’ to describe the drawings. There also needs to be flexibility in the timeframe for the implementation of the LAP.”

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

“Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

129 The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 35 and 36 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.2 Cluain Mhuire Specific Design and Principles

The following summary of submission received was CONSIDERED:

“(ii The alignment of the road is not possible to deliver.” )

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

“Drawing no.2 clearly states that it is an “Indicative Layout Plan”. Section 3.5 “Site Framework Strategies” paragraph 2 states “The Strategies provide guidance on the layout and design principles that should be considered”. Furthermore paragraph 3 states “The layout and guidance contained in the Site Framework Strategies should not be viewed as the only definitive development solution…rather as a set of development principles”.

The set of Objectives shall be adhered to in any future development and therefore differ from the Design Principles and the Indicative Layout shown in Drawing No.2, however, the Site Framework Strategy does not prohibit or significantly restrict the redevelopment of the site, nor does it preclude alternative approaches being considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 36 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 3: Urban Structure and Character 3.5 Site Framework Strategies 3.5.3 Former Europa Garage Site Height (See LAP Section 3.4 and Map 12)

The following summary of submission received was CONSIDERED:

130 “(i) Height should be a maximum of 3 storeys graduated to 2 storeys.”

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

“Having regard to Objective ES1 - which provides for a maximum building height of 4 storeys graduating to 2 storeys adjacent to Newtown Villas - and to the other objectives detailed in section 3.5.3 (iii) and the Design Principles, it is considered that the height limits proposed would not be injurious to the amenity of the surrounding area and are considered to be reasonable and appropriate.

Potential issues with height and scale are alleviated by the use of a set back and generous planted buffer zone designed to ensure that any development will not have an overbearing impact on the streetscape.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 36 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.1 The Seafront The Seafront

The following summary of submission received was CONSIDERED:

“(i) The Draft LAP should be more ambitious for its plans at the seafront and should provide for the inclusion of a covered plaza over the DART for the length of Idrone Terrace to provide for improved access to the sea, markets, cafes, play areas and for the provision of public art to ensure Blackrock is reconnected to the sea.”

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

“The proposed deck access to the sea represents only Phase 1 (under Objective PR1, Drawing No.5) of a two phase Council initiative to both improve access to the sea and to provide for enhanced bathing facilities at Blackrock. The existing pedestrian bridge over the railway line at this location provides for very poor and limited access at present and the Council intends to rectify this situation.

The intention of Phase 1 is to open up the views of the sea at this location and provide a viewing platform that is connected to a wider network of improved pedestrian and cycling facilities and public realm improvements. In combination these will help contribute to a high quality, attractive and vibrant seafront in conjunction with the Draft LAP’s Public Realm Strategy (See Section 3.6 Public Realm Strategy). It should be noted that there is limited landing space (between the existing sea wall and the sea shore) in the provision of any a new access.

Phase 2 of the Seafront improvements is considered under Objective PR2, where the Council will ‘scope for further access improvements to the seafront to facilitate all users and for the introduction of additional bathing and recreational amenity infrastructure at Blackrock Seafront’.

131 The proposal as shown in Drawing No.5 ‘Access to the Sea’ is illustrative only. A full and detailed design will be prepared at project stage. This project will be progressed as a Local Authority project through Part 8, Article 81 of the Planning and Development Regulations 2001, as amended. Any Part 8 scheme will be subject to full public consultation. It is at that stage that detailed comments, of the type suggested in this submission, would be more appropriately considered.

All proposals shall be subject to full consultation and agreement with the stakeholders/landowners and subject to Screening for Appropriate Assessment under the Habitats Directive and Strategic Appropriate Assessment.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. (2) and motion no. (8) from the floor at this time.

Motion no. (2) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors K. Gill and H. Lewis:

“To change PR2 on page 37 as follows: Change “additional bathing and recreational amenity infrastructure” to “public swimming pool” in line with SLO 9 of the County Development Plan.”

Councillor M. Halpin amended her motion from the floor as follows:

Amended Motion no. (2) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors K. Gill and H. Lewis:

“To change PR2 on page 37 as follows: Change “additional public bathing and recreational amenity infrastructure” to “public swimming pool” in line with SLO 9 of the County Development Plan.”

Motion no. (2) from the floor, as amended, was AGREED.

Motion No. 8 from the floor: It was proposed by Councillor B. Ward and seconded by Councillor D. Kingston:

“Motion on the Draft Blackrock Local Area Plan On page 49, in CP3, to insert the following words after the words “area in the future” and before the words “Any future development”, as they appear in the third last line:

“Consideration shall be given to developing a multi storey car park in the footprint of the existing (lower) public car park at Bath Place, adjacent to Deepwell and opposite Blackrock DART Station, to a height not exceeding the top of the buildings on Rock Hill/Main Street, and to include points of access and /or exit at Rock Hill/Main Street and Bath Place””

Motion no. (8) was WITHDRAWN.

The Chief Executive’s recommendation in relation to page 37 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motion no. (2) from the floor, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.1 The Seafront

132 The Seafront

The following summary of submission received was CONSIDERED:

“(ii New Seafront Viewing Terrace’ and to upgrade access in the vicinity of the existing pedestrian ) footbridge across the railway line similar to drawing No.5 in the Draft LAP. It should include new benches, new lighting and new planting.”

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

“Objective PR1 sets out proposals and Drawing no.5 in order to upgrade access to the seafront and improve the relationship of the village core with the seafront at Blackrock through the introduction of a viewing terrace and upgraded access facility located in the vicinity of the existing pedestrian footbridge across the railway line. The introduction of new benches, new lighting and new planting is considered acceptable in principle. However, the details of any scheme will be prepared as part of the ‘Village Improvement Scheme’ proposed under PR 8.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 37 and 38 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.1 The Seafront Blackrock DART Station and Public Car Parks

The following summary of submission received was CONSIDERED:

“(i) Proposals to improve the existing pedestrian /cycleway connecting Blackrock with Blackrock Park (alongside the DART line) are in place for a prolonged time. An achievable solution is required given the constraints of Deepwell and the DART Platform.”

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

“In the preparation of the Draft LAP, a full assessment of pedestrian and cycling facilities within the bounds of the Plan area was undertaken. One very obvious weakness identified was the existing access route from the DART Station to Blackrock Park. A number of objectives contained in the Draft Plan - including Objective PC1 of the ‘Transportation Strategy’, Objective BP1 of the ‘Open Space Strategy’ and Objective PR7 of the ‘Public Realm Strategy’ - all seek to improve the existing access and provide safe, appropriate and attractive facilities for pedestrians and cyclists at this location. The Council is still very much committed to this project and it will be pursued in accordance with the LAP objectives.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 38 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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133 Page 38 Chief Executive's Report: Draft Blackrock Local Area Plan

Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.1 The Seafront Blackrock DART Station and Public Car Parks

The following summary of submission received was CONSIDERED:

“(ii Widening existing Deepwell laneway to approximately 3.5m to improve access and connectivity ) of the pedestrian/ cycle route between Booterstown- Dún Laoghaire, Blackrock Park- DART station and the Seafront.”

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

“In the preparation of the Draft LAP, a full assessment of pedestrian and cycling facilities within the bounds of the Plan area was undertaken. One very obvious weakness identified was the existing access route from the DART Station to Blackrock Park. A number of objectives contained in the Draft Plan - including Objective PC1 of the ‘Transportation Strategy’, Objective BP1 of the ‘Open Space Strategy’ and Objective PR7 of the ‘Public Realm Strategy’ - all seek to improve the existing access and provide safe, appropriate and attractive facilities for pedestrians and cyclists at this location. The Council is still very much committed to this project and it will be pursued in accordance with the LAP objectives.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 38 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(i) If parking levels are reduced along Main Street the alternative spaces should be provided close by. Added pressure on shopping centre car parks should not be applied as existing car parks often reach full capacity. - The car parking survey was carried out in February 2013 which is a quiet month and a survey in November and December would show very different results. - The traffic survey carried out 18 months ago is now considered to be out of date. - Many who shop in Blackrock are either elderly or prefer to use their car.

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

“The improvements to Blackrock Village will require some reorganisation and rationalisation of the existing car parking provision both on Main Street, and within the vicinity of Bath Place and the DART Station, in accordance with Objective CP3 which states ‘It is an objective of the Council to

134 rationalise and improve car parking facilities at/(adjacent to) the DART Station, in conjunction with the relocation of the bus terminus under Objective PT1, creating a new, more efficient and user- friendly car parking area together with the potential to allow for the enhancement of the public realm in accordance with Section 3.6 of the Public Realm Strategy, and to allow for any further redevelopment of this area in the future...’. As a result access to car parking within the Village will be improved.

It should be noted that it would not be appropriate to undertake a survey in November/December due to the Christmas shopping period, neither would such a survey be carried out in the summer months due to the holiday period. Surveys at these times of year would give skewed results.

A detailed car parking survey was carried out in February 2013 and it demonstrated that there is spare capacity in the existing car parks and on-street spaces. It is an objective of the Council to implement a Car Parking Zone system in Blackrock as listed in Objective CP1.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion nos. 5(d) and 5€ from the agenda at this time.

Motion No. 5(d) on the agenda It was proposed by Councillor M. Baker:

“That all references to the VEC be replaced by Blackrock Further Education Institute (BFEI) in the text.”

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

“Agreed.

Recommendation That all references in the text of the Draft LAP of the VEC be replaced by:

Blackrock Further Education Institute (BFEI).”

The motion was AGREED.

Motion No. 5(e) on the agenda It was proposed by Councillor M. Baker:

“Draft page 39 That item 8 of “Ideas for the Main Street” be deleted and replace with “This area outside the Bank of Ireland will be improved as part of the proposed Village Improvement Scheme for Blackrock”.

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

“Response Agree in principle. It should be noted however, that Objective PR8 states “It is an objective of the Council to prepare and implement a Village Improvement Scheme….which provides for a high quality, attractive and vibrant public realm and attractive pedestrian environment along Main Street and Rock Hill in line with the illustrative drawing no. 6…”. Drawing no. 6 develops on Objective PR8 and provides “ideas” which could be considered as part of this Village Improvement Scheme. As such bullet point no.8 provides an indication of what could be created in this area.

135 It is considered more appropriate to refer to this area as the area around the Market Cross rather than make reference to the Bank of Ireland as the occupier may change over time. The location of the area is also identified by the corresponding bullet number on the drawing.

It is therefore recommended to amend bullet point no.8 in considering the aforementioned and taking on board the principles of the motion.

Recommendation To amend bullet point no.8 to read:

8. To create an improved public space and focal point in the area around the Market Cross, as part of the Village Improvement Scheme for Blackrock.”

A discussion took place, during which Ms. T. Flanagan, Senior Executive Planner responded to Member’s queries.

The motion was AGREED. It was also AGREED to amend all references in the plan to “The Market Cross” to “The Cross”.

The Chief Executive’s recommendation in relation to pages 38 and 39 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motions 5(d) and 5(e) above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(ii Main Street from Idrone Terrace to Rock Hill should be pedestrianised.” )

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

“The Traffic Management Measures Report, which accompanies the Draft LAP, assessed four possible traffic management options for Main Street. The option of full pedestrianisation was not selected due to the difficulties with existing commercial and residential accesses and changes and disruption to bus routes - which would cause difficulties for passengers and negative effects on congestion on Frascati Road. The selected option will provide better facilities for pedestrians and cyclists with wider footpaths and an enhanced public realm as identified in Section 3.6.2 and Drawing No.6.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 39 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021

136 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(iii Retain existing car parking spaces at Rock Hill to Village Square on Main Street. )

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

“The Draft LAP provides for the rationalisation of the existing on-street parking spaces at Rock Hill, Main Street to Village Square (junction with Carysfort Avenue). The Draft LAP aims to retain existing car parking spaces, except where the Public Realm objectives, as listed in section 3.6.2 require additional road space.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 39 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(iv) Revamp of the ‘Village Square’ on Main Street with planting, benches, bike rack and incorporating the Market Cross and Artists Walk on new paving.

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

“The proposed revamp of the ‘Village Square’ as illustrated in the submission drawing is similar to what is illustrated in the Draft LAP -ie a green space that provides a focal space within the village and that provides a proper setting for the Market Cross. The future use and design of this space needs further consideration. It is envisaged that Objective PR9 ‘to provide an appropriate setting and location for the Market Cross on Main Street and provide an information plaque explaining the historical significance of the Market Cross’ and the detail of its setting would be prepared as part of the ‘Village Improvement Scheme’ proposed under PR8.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 39 and 40 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021

137 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(v) Provide a new pedestrian connection between Rock Hill/Main Street and the DART station at Bath Place. The new connection would exit opposite/ close to Blackrock Shopping Centre entrance via steps/ramp from car park opposite the DART Station.”

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

“Objective PR6 of Section 3.6 Public Realm Strategy and Objective PC2 of Section 4.3 Pedestrian/Cycling connectivity permeability, seek the creation of a new pedestrian access from Main Street to the DART Station/Bath Place. The final level of car parking provision requires ongoing consideration.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 40 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.2 Blackrock Main Street and Rock Hill

The following summary of submission received was CONSIDERED:

“(vi) Proposal to provide a welcome signage information totem and coordinated street furniture in Blackrock.”

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

“Objective SM1 states ‘It is an objective of the Council to facilitate and provide where appropriate, signage and maps communicating an interpretation of the historical and natural heritage of Blackrock and Dublin Bay’. It is considered that the vicinity of the DART could be an appropriate location for such interpretive panels/mapping. A welcome sign could also be incorporated as part of the street signage. The details of the street furniture would be prepared as part of the ‘Village Improvement Scheme’ proposed under PR8.

Recommendation: No change to the Draft LAP."

The Chief Executive’s recommendation in relation to page 40 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014

138 Chapter 3: Urban Structure and Character 3.6 Public Realm Strategy 3.6.4 Frascati Road and Temple Hill

The following summary of submission received was CONSIDERED:

“(i) PR15 requires a set back to create a planting zone. In order to maximise future redevelopment potential of the Blackrock Shopping Centre, within an existing restricted site, it may not be possible to provide sufficient set backs for a planting zone as required within objective PR15. Concern also that the planting zone, although it will soften the streetscape, will reduce the visibility of retail. Any planting should be unobtrusive and visual permeable so that the view of retail units is not obscured.”

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

“Objective PR15 set out in Section 3.6.4 and shown on Drawing No.4 relates to setbacks along the eastern section of Temple Hill / Frascati Road adjacent to the St Teresa’s and Dunardagh Lands in accordance with Section 3.5.1 ‘Site Framework Strategy for St Teresa’s and Dunardagh’.

However, Objective PR16 of the Public Realm Strategy set out in Section 3.6.4 and shown on Drawing No.4, extends further along Temple Hill / Frascati Road and relates more specifically to the area to the front of the existing Blackrock Shopping Centre.

Objective PR16 states that ‘It is an objective of the Council to undertake additional planting and ‘greening’ along Frascati Road / Temple Hill where feasible as indicated on Drawing 4…’ In this regard, due consideration will be made to ensure the provision of suitable and safe footpath widths and road widths, taking into account the turning movements and set down areas on Main Street, Rock Hill and Frascati Road.

The form of the trees that will be used for proposed tree planting will be specified as standard ie: with a 1.8 metre clear stem, well below eye-lines and sightlines to avoid obscuring the view of retail units.

It should be noted, that Section 7.7.2 ‘Blackrock and Frascati Shopping Centres: Design Guidance’ requires - the creation of attractive and active street frontage; the avoidance of blank frontages; the creation of a new building line with attractive streetscape along Frascati Road and hard and soft landscaping. It is anticipated that to deliver these elements will require necessary changes to the existing building line of the shopping centre.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 40 and 41 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.1 Main Street

The following summary of submission received was CONSIDERED:

“(i) Main Street from Idrone Terrace to Rock Hill should be pedestrianised.”

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

“The Traffic Management Measures Report, which accompanies the Draft LAP, assessed four possible traffic management options for Main Street. The option of full pedestrianisation was not selected due to the difficulties with existing commercial and residential accesses and changes and disruption to bus routes - which would cause difficulties for passengers and negative effects on congestion on Frascati Road. The selected option will provide better facilities for pedestrians and cyclists with wider footpaths and an enhanced public realm as identified in Section 3.6.2 and Drawing No.6.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 42 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.1 Main Street

The following summary of submission received was CONSIDERED:

“(ii) If parking levels are reduced along Main Street the alternative spaces should be provided close by. Added pressure on shopping centre car parks should not be applied as existing car parks often reach full capacity. - The car parking survey was carried out in February 2013 which is a quiet month and a survey in November and December would show very different results. - The traffic survey carried out 18 months ago is now considered to be out of date. - Many who shop in Blackrock are either elderly or prefer to use their car.

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

“The improvements to Blackrock Village will require some reorganisation and rationalisation of the existing car parking provision both on Main Street, and within the vicinity of Bath Place and the DART Station, in accordance with Objective CP3 which states ‘It is an objective of the Council to rationalise and improve car parking facilities at/(adjacent to) the DART Station, in conjunction with the relocation of the bus terminus under Objective PT1, creating a new, more efficient and user- friendly car parking area together with the potential to allow for the enhancement of the public realm in accordance with Section 3.6 of the Public Realm Strategy, and to allow for any further redevelopment of this area in the future...’. As a result access to car parking within the Village will be improved.

It should be noted that it would not be appropriate to undertake a survey in November/December due to the Christmas shopping period, neither would such a survey be carried out in the summer months due to the holiday period. Surveys at these times of year would give skewed results.

A detailed car parking survey was carried out in February 2013 and it demonstrated that there is spare capacity in the existing car parks and on-street spaces. It is an objective of the Council to implement a Car Parking Zone system in Blackrock as listed in Objective CP1.

Recommendation: No change to the Draft LAP.”

140 The Chief Executive’s recommendation in relation to page 42 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B002 (NRA) Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.2 Frascati Road

The following summary of submission received was CONSIDERED:

“(i) N31 is an important national road which connects the M50 – Dún Laoghaire Ferry – it is critical that the function of the route is not undermined & therefore NRA requests close co-operation in regard to the preparation of and implementation of potential solutions proposed in Objectives R14-R18 of the Draft LAP.”

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

“The Council are committed to promoting, facilitating and co-operating with relevant transport bodies, authorities and agencies to secure improvements to the County’s national road network to provide, protect and maintain for the safe and efficient movement of people and goods both within and through Dún Laoghaire-Rathdown, with particular regard to the N31 (Coast Road), a National Route which connects Dún Laoghaire port to the M50, N11 and City centre.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 43 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.2 Frascati Road

The following summary of submission received was CONSIDERED:

“(ii Improvements to pedestrian flow across Frascati Road are welcomed. However, such ) improvements should not impact upon traffic flow. Any increase in congestion would deter people from travelling to the area.”

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

“Objective RI4 and Map 13B identifies the location of additional/improved signalised pedestrian crossings along and across Frascati Road. These are proposed at Carysfort Avenue, Sweetmans Avenue and Barclay Court. These pedestrian signals will be linked into the overall Frascati Road Traffic Signal Management System which will minimise any further congestion on Frascati Road. At

141 off-peak hours it is not anticipated that there will be any long queues waiting to access the Shopping Centres or Blackrock Village Core.

The Frascati Road is currently being upgraded to provide a cyclepath along both sides of the dual carriageway, and to provide improved pedestrian and cycle facilities at junctions. The cyclepaths will link into the existing cyclepaths on the Rock Road towards the city. The existing pedestrian crossing between the Frascati and Blackrock Shopping Centres will not change in operation to any significant extent.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. (4) from the floor at this time.

Motion no. (4) from the floor: It was proposed by Councillor O. Smyth and seconded by Councillor C. Martin:

“To add objective PT5 to Blackrock Lap as follows: “It is the objective of the Council to encourage the provision of an inbound bus lane on the Frascati Road.””

A discussion took place, during which Ms. A. Devine, Senior Engineer responded to Members queries.

A roll call vote on motion no. (4) from the floor was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Boyhan, Victor √ Brennan, Shay √ Cuffe, Jennifer Curran, Chris √ Daly, Kevin Devlin, Cormac √ Dockery, Liam √ Donnelly, Deirdre Fayne, Mary Feeney, Kate √ Gill, Karl √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard

142 Kingston, Deirdre √ Lewis, Hugh √ Madigan, Josepha √ Martin, Catherine √ McCarthy, Lettie √ McGovern, Lynsey √ Merrigan, Michael √ Murphy, Brian √ Murphy, Tom √ Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien, Shane √ O’Callaghan, Denis √ O’Neill, Seamas √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry TOTAL: 6 27 1

An Cathaoirleach, Councillor M. Baker declared motion no. (4) from the floor DEFEATED.

The Chief Executive’s recommendation in relation to page 43 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

C/749/14 Extension of Meeting

It was AGREED to extend the meeting to the conclusion of the consideration of the Chief Executive’s Report: Draft Blackrock Local Area Plan.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B011 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.3 Junction Improvements

The following summary of submission received was CONSIDERED:

143 “(i) Objectives DS15, DS16 and R18 in relation to improvements of Temple Hill/Newtown Ave and St Vincent’s Park, lie outside the immediate control of the site. Any upgrade would require implementation by the Council.”

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

“Objective DS15 ‘St Teresa’s and Dunardagh’ and Objective RI8 ‘Junction Improvements’ will ensure that appropriate junction improvements at Temple Hill/Newtown Avenue/St Vincent’s Park are provided as part of any redevelopment of the lands at St Teresa’s and Dunardagh. The junction layout will have to be approved by the Road Authority (DLR).

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 43 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.3 Junction Improvements

The following summary of submission received was CONSIDERED:

“(ii There is a concern that a proposed signalised junction from Georges Avenue onto Frascati ) Road would have a negative impact on traffic flows from Blackrock Shopping Centre.”

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

“Traffic signal control to provide for safe movement of traffic on to Frascati Road, from Georges Avenue and the Blackrock Shopping Centre car parks, is included as part of the current Frascati Road Improvement Scheme. The layout and sequencing of the traffic signals will be optimised to ensure any delay is minimised.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 43 and 44 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 4: Movement 4.2 Roads Infrastructure and Street Function 4.2.3 Junction Improvements

The following summary of submission received was CONSIDERED:

“(iii Safe crossings needed for pedestrians at the junction of Frascati Road and Carysfort Road.”

144 )

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

“It is the intention of the Council to close the underpass at Carysfort Avenue as part of the proposals to upgrade the pedestrian crossing at this location across Frascati Road as indicated on Drawing no.4 of the Public Realm Strategy and Map 13A of the Transport Network Strategy.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 44 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Chapter 4: Movement 4.3 Pedestrian/Cycling Connectivity and Permeability

It was AGREED to take motion no. 5(f) and from the agenda at this time.

Motion No. 5(f) on the agenda It was proposed by Councillor M. Baker:

“That section PC6 of Objectives: Pedestrian and Cycling page 48 be amended to read: Insert “The Chucks” after “existing pedestrian connection…” as this is the official name of this laneway.”

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

“Agreed.

Recommendation Amend Section 4.3 Objective PC6 after “existing pedestrian connection…” by inserting:

The Chucks.”

The motion was AGREED.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019 Chapter 4: Movement 4.5 Car Parking

The following summary of submission received was CONSIDERED:

“(i) There is an existing problem with (day-time) parking within St Vincent’s Park and there is a concern that this area would become an overflow parking area for any new development within the St. Teresa’s and Dundardagh lands. Specific and adequate parking for residents, visitors and service vehicles must be provided within any new development within the St. Teresa’s and Dunardagh lands.”

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

“Any future redevelopment within the St Teresa’s and Dunardagh Lands will have to provide adequate on-site car parking for future residents in accordance with parking standards set out in Section 16.10.6: ‘Car Parking Standards’ of the County Development Plan, 2010-2016.

It is Council policy to control commuter parking within estates with Pay and Display metres and permits, subject to the consent of a majority of residents in that estate. Pay and Display was proposed in 2007 but it was not supported by a majority of the residents who returned their ballot papers.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 44 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 4: Movement 4.5 Car Parking

The following summary of submission received was CONSIDERED:

“(ii) If parking levels are reduced along Main Street the alternative spaces should be provided close by. Added pressure on shopping centre car parks should not be applied as existing car parks often reach full capacity. - The car parking survey was carried out in February 2013 which is a quiet month and a survey in November and December would show very different results. - The traffic survey carried out 18 months ago is now considered to be out of date. - Many who shop in Blackrock are either elderly or prefer to use their car.

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

“The improvements to Blackrock Village will require some reorganisation and rationalisation of the existing car parking provision both on Main Street, and within the vicinity of Bath Place and the DART Station, in accordance with Objective CP3 which states ‘It is an objective of the Council to rationalise and improve car parking facilities at/(adjacent to) the DART Station, in conjunction with the relocation of the bus terminus under Objective PT1, creating a new, more efficient and user- friendly car parking area together with the potential to allow for the enhancement of the public realm in accordance with Section 3.6 of the Public Realm Strategy, and to allow for any further redevelopment of this area in the future...’. As a result access to car parking within the Village will be improved.

It should be noted that it would not be appropriate to undertake a survey in November/December due to the Christmas shopping period, neither would such a survey be carried out in the summer months due to the holiday period. – surveys at these times of year would give skewed results.

A detailed car parking survey was carried out in February 2013 and it demonstrated that there is spare capacity in the existing car parks and on-street spaces. It is an objective of the Council to implement a Car Parking Zone system in Blackrock as listed in Objective CP1.

Recommendation: No change to the Draft LAP.”

146 The Chief Executive’s recommendation in relation to pages 44 and 45 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 4: Movement 4.5 Car Parking

The following summary of submission received was CONSIDERED:

“(iii Upgrade of existing Dún Laoghaire- Rathdown County Council car parking facility at junction ) of Frascati Road and Carysfort Avenue.”

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

“A detailed car parking survey was carried out in February 2013 and it demonstrated that there is spare capacity in the existing car parks and on-street spaces. There are no provisions within the Draft LAP to upgrade the existing car park at the junction of Frascati Road / Carysfort Avenue, other than normal maintenance and landscape works. Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. 5(j) from the agenda at this time.

Motion No. 5(j) on the agenda It was proposed by Councillor M. Baker:

“Draft page 49 Objective: Car Parking Add the following objective: "It is an objective of the Council to consider developing a multi storey car park (with or without additional floors for offices) on the site of the car park at Carysfort Avenue and Frascati Road"

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

“This site is in use as an existing surface car park. The site is zoned Objective ‘DC’ ‘To protect, provide for and/or improve mixed-use District Centre facilities’, in the County Development Plan 2010-2016, whereby a car park and offices are ‘permitted in principle’ and as such a multi storey car park (or offices) could currently be considered at this location. It is considered reasonable to include the proposed objective with recommended minor amendments (in bold).

Recommendation Add a new Objective CP4 in Section 4.5 Car Parking – Objectives, as follows:

Objective CP4 It is an objective of the Council to consider the development of a multi storey car park (with or without additional floors for offices) on the site of the car park at the corner of Carysfort Avenue and Frascati Road, (noting however this car park has no entry from Carysfort Avenue, and a left-turn only exit onto Carysfort Avenue).

The motion was WITHDRAWN.

147 The Chief Executive’s recommendation in relation to page 45 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 4: Movement 4.5 Car Parking

The following summary of submission received was CONSIDERED:

“(iv) Retain existing car parking spaces at Rock Hill to Village Square on Main Street.

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

“The Draft LAP provides for the rationalisation of the existing on-street parking spaces at Rock Hill, Main Street to Village Square (junction with Carysfort Avenue). The Draft LAP aims to retain existing car parking spaces, except where the Public Realm objectives, as listed in section 3.6.2 require additional road space.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 45 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 (DoE) Chapter 5: Population, Housing and Social Infrastructure 5.2 Housing and Housing Need

The following summary of submission received was CONSIDERED:

“(i) The LAP should have a section demonstrating how the written statement is consistent with the County Development Plan Core Strategy as per section 19 (2) of the Planning and Development Act, as amended.”

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

“Section 1.3.4 of the Draft LAP ‘County Development Plan 2010-2016’ states ‘This Draft LAP is consequently consistent with the objectives and the provisions of the County Development Plan and its Core Strategy’.

However, it should be noted that the sites identified for future residential development within the Plan boundary, located on lands zoned in the current County Development Plan Objective ‘A’ ‘To protect and/or improve residential amenity’ is not identified in the County Development Plan, nor within its Core Strategy, as major new development areas, but rather as urban infill areas.

It should be noted that the Site Framework Strategy Indicative Layout Plan (Drawing No.2 and Drawing No.3) are illustrative only and as such the number of units are not definitive.

148 The densities proposed at between 35-45 units per hectare and 45-55 units per hectare on the identified development sites at St Teresa's and Dunardagh and Cluain Mhuire site and the Former Europa Garage site as identified in Objectives DS3 (Section 3.5.1(iii)), CS3 (Section 3.5.2(iii)) and ES2 (Section 3.5.3(iii)) provide for an appropriate density in accordance with County Development Plan policy.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 46 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B015 Chapter 5: Population, Housing and Social Infrastructure 5.2 Housing and Housing Need 5.2.1 Existing Housing Mix

The following summary of submission received was CONSIDERED:

“(i) The current planning application, for the rejuvenation and extension of the Frascati Shopping Centre is considered to deliver on the requirements of the Draft LAP. Section 7.7.2 states that any comprehensive redevelopment shall incorporate an element of residential (as is also stated in Section 5.2.1 Housing Mix), community/exhibition room and crèche/childminding facility. It is not likely that any such redevelopment will be delivered in the foreseeable future. Request to omit this statement from the LAP.”

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

“Under “Mix of Uses” identified in Section 7.7.2 “Blackrock and Frascati Shopping Centres: Development Guidance”, it states “Any comprehensive redevelopment of the Frascati Shopping Centre shall incorporate an element of high quality residential development, a community/ exhibition room and crèche/childminding facility”.

This mix of uses refers only to any “comprehensive” redevelopment of the Frascati Shopping Centre. This mix of uses is in accordance with the District Centre Zoning and its position within the Retail Hierarchy as identified in the County Development Plan and the Retail Planning Guidelines.

It is therefore considered appropriate and important to include this element of Section 7.7.2 and reference same in Section 5.2.1 (Housing Mix) to provide for any future development opportunities and to ensure such development is delivered in accordance with the zoning objectives and Regional and County Policy.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 46 and 47 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B012 Chapter 5: Population, Housing and Social Infrastructure

149 5.2.2 Future Housing Mix

The following summary of submission received was CONSIDERED:

“(i) Rebuild a derelict corner site at Temple Road and St Anne’s Square where a gas explosion occurred.”

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

A set of detailed drawings has been prepared for the rebuilding of these houses having regard to the need for accommodation in the area. There is a requirement to acquire the house in which the explosion occurred and progress is in train for the compulsory acquisition of this premises. When the house is in Council ownership, re-building works can commence subject to the necessary finance being available.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 42 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Chapter 5: Population, Housing and Social Infrastructure 5.3.3 Third Level Education

It was AGREED to take motion nos. 5(a) and 5(b) on the agenda at this time.

Motion No. 5(a) on the agenda It was proposed by Councillor M. Baker:

“That Section 5.3.3 Third Level Education the paragraph text be amended so that all text after "business sector in the County" be deleted to the end of that paragraph.”

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

“Agreed.

Recommendation:

To delete the text in Section 5.3.3 after "business sector in the County".”

The motion was AGREED.

Motion No. 5(b) on the agenda It was proposed by Councillor M. Baker:

“That in Table 5C the reference to Froebel College of Education be deleted as this college has now moved.”

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

“Agreed.

150 Recommendation To amend Table 5C by deleting the reference to:

Froebel College of Education.”

The motion was AGREED.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017; B019 Chapter 5: Population, Housing and Social Infrastructure 5.5 Health and Care for the Elderly

The following summary of submission received was CONSIDERED:

“(i) Provision for housing for the elderly should be provided within the St. Teresa’s and Dundardagh lands.”

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

“Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ states that new residential development ‘shall incorporate a residential mix…. Consideration should be given to the provision of housing for the elderly in accordance with Policy RES9: ‘Housing for the Elderly (Section 5.4.3) of the County Development Plan 2010-2016’

Objective HC3 set out in Section 5.5.2 ‘Care for the Elderly’ further states ‘that applications for substantial residential development shall include an element of purpose-built accommodation for the elderly’.

In this regard, it is considered that there are more than adequate objectives to encourage residential accommodation for the elderly provided for within the Draft LAP. Any future planning application made in relation to redevelopment within the St Teresa’s and Dunardagh landholding will be subject to compliance with the above objectives set out within the LAP and with the wider policies contained in the County Development Plan, 2010-2016.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 47 and 48 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B016; B019 Chapter 5: Population, Housing and Social Infrastructure 5.5 Health and Care for the Elderly

The following summary of submission received was CONSIDERED:

“(ii The development at St Teresa’s and Dunardagh provides an opportunity for needed downsizing ) accommodation for the older community. The housing mix should reflect this.”

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

“Objective DS4 set out in Section 3.5.1 ‘Site Framework Strategy: St Teresa’s and Dunardagh’ and Objective CS4 set out within Section 3.5.2 ‘Site Framework Strategy: Cluain Mhuire’ states that new residential development ‘…shall incorporate a residential mix which both complements and enhances the existing residential mix within the wider Plan area and supports a variety of households in accordance with Section 16.3 of the current County Development Plan.’

Furthermore, Drawing no.2 indicates a variety of housing type, including apartments, own door terrace/duplex, detached dwellings and mews/courtyard type dwellings, many of which would be suitable for downsizing.

Any future planning application made in relation to the redevelopment of the St Teresa’s and Dunardagh landholding and/or within Cluain Mhuire will be required to provide a mix of house types in accordance with the specific objectives (above) as set out within the LAP.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 48 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B004 Chapter 6: Employment 6.2 Employment Development

The following summary of submission received was CONSIDERED:

“(i) Land Use Zoning – Request to re zone land at Brookfield Terrace from Objective ‘E’ ‘Employment’ to Objective ‘A’ Residential to allow the site to be developed for residential purposes in view of the extent of existing Mews development and traffic congestion created by employment uses within this area.”

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

“The County Development Plan, 2010-2016, sets out the land use zoning objectives for the area. The Draft Blackrock Local Area Plan has been prepared in accordance with these land use zoning provisions. Any changes to zonings are considered at either the time of the review of the County Development Plan or as a Variation to the County Development Plan.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 49 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B012 (Failte Ireland) Chapter 6: Employment 6.3 Tourism

152 The following summary of submission received was CONSIDERED:

“(i) Research carried out by Failte Ireland identifies significant potential for cycle tourism in areas with beautiful scenery, traffic free cycle routes, and access to cities, towns & villages. Children and safe routes have a significant part to play. In this regard, it is considered that the S2S would provide a key piece of cycle infrastructure to support such tourism development.”

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

“The Council is committed to the S2S project. Objective SF2 states, ‘It is an objective of the Council to promote the development of the Sutton to Sandycove (S2S) Promenade and Cycleway in accordance with the objectives of the County Development Plan 2010-2016. It should be noted that this coastal route will be subject to a feasibility study, including an assessment of route options. Any development proposals shall be subject to Appropriate Assessment Screening in accordance with the requirements of the EU Habitats Directive to ensure the protection and preservation of all designated SPA’s, cSAC’s, and pNHA's of Dublin Bay and the surrounding area’.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 49 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 6: Employment 6.3 Tourism

The following summary of submission received was CONSIDERED:

“(i) Proposal to provide a welcome signage information totem and coordinated street furniture in Blackrock.”

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

“Objective SM1 states ‘It is an objective of the Council to facilitate and provide where appropriate, signage and maps communicating an interpretation of the historical and natural heritage of Blackrock and Dublin Bay’. It is considered that the vicinity of the DART Station could be an appropriate location for such interpretive panels/mapping. A welcome sign could also be incorporated as part of the street signage. The details of the street furniture would be prepared as part of the ‘Village Improvement Scheme’ proposed under PR8.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 49 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014

153 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(i) Considered that the height limit for future redevelopment should provide for up to 6-storeys in order to maximise development potential for residential and leisure uses.”

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

“Map 12 in the Draft LAP sets out existing and proposed building heights within the LAP boundary. The proposed maximum height for the Shopping Centre sites is shown as 5-storeys but graduated to 2-storeys along site boundaries with residential properties.

The maximum building height that exists within the LAP boundary is 5-storeys (office) and is located along the by-pass / Frascati Road. Objective FR7 states ‘…proposed development for the entire site provides for a range of building height that is respectful of the streetscape, the proximity to existing one and two storey dwelling houses and would help enhance the overall visual character of the District Centre’.

Having regard to existing building heights along Frascati Road, the heritage that exists along the Main Street and Objective FR7, a proposed maximum building height of 5-storeys graduating to 2 storeys within the Shopping Centre sites is considered appropriate.

Recommendation: No Change to the Draft LAP.”

It was AGREED to take motion no. 5(g) from the agenda at this time.

Motion No. 5(g) on the agenda It was proposed by Councillor M. Baker:

“Draft page 66 section Movement That the sentence “pedestrian access to be provided to Frascati Park” be deleted.”

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

“The proposed link to improve permeability would be of benefit to pedestrians accessing the Shopping Centre from the residential estate of Frascati Park.

Recommendation

No change to the Draft LAP.”

The motion was AGREED.

The Chief Executive’s recommendation in relation to page 50 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motion no. 5(g) above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

154 The following summary of submission received was CONSIDERED:

“(ii There are existing 3-storey structures where it is intended to graduate building height to 2- ) storeys. In this regard the 2-storey limit should be increased to 3-storeys.”

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

“Map 12 within the Draft LAP sets out existing and proposed building heights within the LAP boundary. The proposed maximum height for the shopping centre sites is shown as 5-storeys but graduated to 2-storeys along site boundaries with residential properties.

Notwithstanding established building heights within the existing Shopping Centre sites, it is considered that future heights located along site boundaries must protect and/or improve residential amenities of adjoining properties. It is considered that buildings of a maximum of 2 storeys would achieve this, particularly where the Blackrock Shopping Centre adjoins the single storey properties at Brusna Cottages. The existing Shopping Centre edge to the rear of these cottages is undoubtedly considered overbearing. The environment of the cottages would benefit from a more appropriate adjoining height and/or set back.

Recommendation: No Change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 50 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(i) Removal of surface car parking and provision of basement car parking would have financial implications on future redevelopment. Consequently some surface car parking would be required to stay in situ.”

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

“Section 7.7.2 ‘Design Guidance’ states ‘Removal of surface car parking in front of the Shopping Centres along Frascati Road’. This will enable to creation of more active and attractive street frontages. There is no requirement to remove all surface car parking and replace with basement parking.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 51 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation

155 Submission No. B014 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(iv) If parking levels are reduced along Main Street the alternative spaces should be provided close by. Added pressure on shopping centre car parks should not be applied as existing car parks often reach full capacity. - The car parking survey was carried out in February 2013 which is a quiet month and a survey in November and December would show very different results. - The traffic survey carried out 18 months ago is now considered to be out of date. - Many who shop in Blackrock are either elderly or prefer to use their car.

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

“The improvements to Blackrock Village will require some reorganisation and rationalisation of the existing car parking provision both on Main Street, and within the vicinity of Bath Place and the DART Station, in accordance with Objective CP3 which states ‘It is an objective of the Council to rationalise and improve car parking facilities at/(adjacent to) the DART Station, in conjunction with the relocation of the bus terminus under Objective PT1, creating a new, more efficient and user- friendly car parking area together with the potential to allow for the enhancement of the public realm in accordance with Section 3.6 of the Public Realm Strategy, and to allow for any further redevelopment of this area in the future...’. As a result access to car parking within the Village will be improved.

It should be noted that it would not be appropriate to undertake a survey in November/December due to the Christmas shopping period, neither would such a survey be carried out in the summer months due to the holiday period. Surveys at these times of year would give skewed results.

A detailed car parking survey was carried out in February 2013 and it demonstrated that there is spare capacity in the existing car parks and on-street spaces. It is an objective of the Council to implement a Car Parking Zone system in Blackrock as listed in Objective CP1.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 51 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B014 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(v) PR15 requires a set back to create a planting zone. In order to maximise future redevelopment potential of the Blackrock Shopping Centre, within an existing restricted site, it may not be possible to provide sufficient set backs for a planting zone as required within objective PR15. Concern also that the planting zone, although it will soften the streetscape, will reduce the visibility of retail. Any planting should be unobtrusive and visual permeable so that the view of retail units is not obscured.”

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

“Objective PR15 set out in Section 3.6.4 and shown on Drawing No.4 relates to setbacks along the eastern section of Temple Hill / Frascati Road adjacent to the St Teresa’s and Dunardagh Lands in accordance with Section 3.5.1 ‘Site Framework Strategy for St Teresa’s and Dunardagh’.

However, Objective PR16 of the Public Realm Strategy also set out in Section 3.6.4 and shown on Drawing No.4, extends further along Temple Hill / Frascati Road and relates more specifically to the area to the front of the existing Blackrock Shopping Centre.

The form of the trees that will be used for proposed tree planting will be specified as standard ie: with a 1.8 metre clear stem, well below eye-lines and sightlines to avoid obscuring the view of retail units.

Objective PR16 states that ‘It is an objective of the Council to undertake additional planting and ‘greening’ along Frascati Road / Temple Hill where feasible as indicated on Drawing 4…’ In this regard, due consideration will be made to ensure the provision of suitable and safe footpath widths and road widths, taking into account the turning movements and set down areas on Main Street, Rock Hill and Frascati Road.

It should be noted, however, that Section 7.7.2 ‘Blackrock and Frascati Shopping Centres: Design Guidance’ requires - the creation of attractive and active street frontage; the avoidance of blank frontages; the creation of a new building line with attractive streetscape along Frascati Road and hard and soft landscaping. It is anticipated that to deliver these elements will require necessary changes to the existing building line of the shopping centre.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 51 and 52 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B015 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(vi) Supportive of the policies and objectives in the Draft LAP that relate to the Frascati Shopping Centre.”

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

“Submission noted and welcomed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 52 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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157 Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B015 Chapter 7: Retail 7.7.2 Blackrock and Frascati Shopping Centres: Development Guidance

The following summary of submission received was CONSIDERED:

“(vii) The current planning application, for the rejuvenation and extension of the Frascati Shopping Centre is considered to deliver on the requirements of the Draft LAP. Section 7.7.2 states that any comprehensive redevelopment shall incorporate an element of residential (as is also stated in Section 5.2.1 Housing Mix), community/exhibition room and crèche/childminding facility. It is not likely that any such redevelopment will be delivered in the foreseeable future. Request to omit this statement from the LAP.”

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

“Under “Mix of Uses” identified in Section 7.7.2 “Blackrock and Frascati Shopping Centres: Development Guidance”, it states “Any comprehensive redevelopment of the Frascati Shopping Centre shall incorporate an element of high quality residential development, a community/ exhibition room and crèche/childminding facility”.

This mix of uses refers only to any “comprehensive” redevelopment of the Frascati Shopping Centre. This mix of uses is in accordance with the District Centre Zoning and its position within the Retail Hierarchy as identified in the County Development Plan and the Retail Planning Guidelines.

It is therefore considered appropriate and important to include this element of Section 7.7.2 and reference same in Section 5.2.1 (Housing Mix) to provide for any future development opportunities and to ensure such development is delivered in accordance with the zoning objectives and Regional and County Policy.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 52 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B009 Chapter 8: Environmental Infrastructure 8.1 Water and Drainage 8.1.3 Flooding

The following summary of submission received was CONSIDERED:

“(i) The OPW welcomes the commitment of DLRCoCo to the Planning System and Flood Risk Guidelines for Planning Authorities (November 2009). They recommend that a stage 2 FRA as per the guidelines for historically zoned areas, be undertaken to establish the required three flood zones that will guide the Authority in its production of the LAP. They also recommend that where a suspected flood risk is found that a stage 3 FRA investigation be undertaken.”

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

158 “Any proposed development within the Blackrock LAP area will be required to undertake a Flood Risk Assessment as part of the planning application process in accordance with the current County Development Plan Policy.

The Eastern CFRAM Study, which covers the Blackrock LAP area, commenced in 2011 with a projected completion date of 2015. The Study will include predictive flood maps. The Study will not be complete prior to the publication of the Blackrock LAP. These finalised maps will inform the next Development Plan (2016-2022) and all future LAPs in the County.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 53 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 (DoE) Chapter 8: Environmental Infrastructure 8.1 Water and Drainage 8.1.3 Flooding

The following summary of submission received was CONSIDERED:

“(ii The Council should liaise with the OPW on Flooding issues with respect to the immediate ) preparation of flood mapping for the LAP area.”

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

“Any proposed development within the Blackrock LAP area will be required to undertake a Flood Risk Assessment as part of the planning application process in accordance with the current County Development Plan Policy.

The Eastern CFRAM Study, which covers the Blackrock LAP area, commenced in 2011 with a projected completion date of 2015. The Study will include predictive flood maps. The Study will not be complete prior to the publication of the Blackrock LAP. These finalised maps will inform the next Development Plan (2016-2022) and all future LAPs in the County.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 53 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 (DoE) Chapter 8: Environmental Infrastructure 8.1 Water and Drainage Waste Water, Water Supply and Treatment

The following summary of submission received was CONSIDERED:

“(i) Clearer statement required regarding the capacity of existing service infrastructure (water

159 supply and treatment, waste water sewerage and treatment).”

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

“Section 8.1.1 ‘Water and Drainage’ was prepared in consultation with Irish Water and details the processes required to ensure future capacities of water and waste water treatment are in line with future development. Objectives EI1 and EI2 ensures that appropriate infrastructure required for future populations is provided prior to or in tandem with new development.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 54 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 9: Open Space, Recreation and Green Infrastructure 9.2 Blackrock Park

The following summary of submission received was CONSIDERED:

“(i) Develop a ‘Dog off the leash’ area on the unused north facing boundary of Blackrock Park near Martello Tower.”

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

“The area proposed is not sufficiently large enough to accommodate such a facility in a well- designed and sustainable manner that would adequately meet the needs of both dogs and dog owners.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 55 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B001 Chapter 9: Open Space, Recreation and Green Infrastructure 9.3 Rockfield Park

The following summary of submission received was CONSIDERED:

“(i) Car parking should be provided for Rockfield Park pitches and Tennis courts.

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

“There is existing paid-parking provision in the residential areas (Brookfield, Barclay Court, etc.) adjacent to Rockfield Park.

160

Objective DS14 of the LAP provides for a small short-stay cark park adjacent to Rockfield Park entrance.

Recommendation: No change to the Draft LAP.”

It was AGREED to take motion no. 5(i) on the agenda and motion no. (3) from the floor at this time.

Motion No. 5(i) on the agenda It was proposed by Councillor M. Baker:

“Draft page 76 Objectives:Rockfield Park Add a new objective as follows: That the existing gateway from Castlebyrne Park be replaced by a more user friendly gateway for pedestrians, cyclists and the disabled.”

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

“Agreed.

Recommendation To add a new objective RP7 to Section 9.3 Rockfield Park – Objectives, as follows:

RP7 That the existing gateway from Castlebyrne Park be replaced by a more user friendly gateway for pedestrians, cyclists and the disabled.”

The motion was AGREED.

Motion no. (3) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors H. Lewis and K. Gill:

“To add PC7 on page 48 as follows: “It is the objective of the Council to make a distinct separate cycleway from Blackrock station to Williamstown bridge along the land between the boundary wall of the park and the railway tracks”.”

Motion no. (3) from the floor was WITHDRAWN.

The Chief Executive’s recommendation in relation to page 55 of the Chief Executive’s Report Draft Blackrock Local Area Plan, as amended by motion no. 5(i) above, was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B017 Chapter 9: Open Space, Recreation and Green Infrastructure 9.3 Rockfield Park

The following summary of submission received was CONSIDERED:

“(ii A playground should be provided within Rockfield Park. )

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

“It is the intention of the Council to enlarge and develop the existing Playground at Blackrock Park in accordance with the Draft LAP Objective BP4. The Council’s current Play Policy will, however, be reviewed and consideration will be given to the provision of local play lots throughout the County. Under this review the provision of play features in Rockfield Park will be considered.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 55 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B021 Chapter 9: Open Space, Recreation and Green Infrastructure 9.4 The Seafront 9.4.1 Access and Recreational Amenity

The following summary of submission received was CONSIDERED:

“The redevelopment of the Baths is required with access via the seafront path and new proposed viewing terrace.”

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

“Objective PR2 of the Public Realm Strategy states ‘It is an objective of the Council to scope…for the introduction of additional bathing and recreational amenity infrastructure at Blackrock Seafront’. It is intended that this scoping will involve the consideration of the future use of the Baths Site as a bathing area. A detailed design for this scheme has yet to be developed.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to pages 55 and 56 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B010 Chapter 9: Open Space, Recreation and Green Infrastructure 9.4 The Seafront 9.4.2 Sutton to Sandycove Pedestrian/Cycle Route (S2S) Environmental Impact

The following summary of submission received was CONSIDERED:

“(i) DLRCOCO need to liaise with the NPWS to satisfy itself that the Draft LAP is in accordance with the Habitats Directive with particular regard to S2S.”

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

162 “The Council is committed to the S2S project. Objective SF2 states, ‘It is an objective of the Council to promote the development of the Sutton to Sandycove (S2S) Promenade and Cycleway in accordance with the objectives of the County Development Plan 2010-2016. It should be noted that this coastal route will be subject to a feasibility study, including an assessment of route options. Any development proposals shall be subject to Appropriate Assessment Screening in accordance with the requirements of the EU Habitats Directive to ensure the protection and preservation of all designated SPA’s, cSAC’s, and pNHA's of Dublin Bay and the surrounding area’.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 56 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B018 (DAA) Chapter 9: Open Space, Recreation and Green Infrastructure Miscellaneous

The following summary of submission received was CONSIDERED:

“(i) No comment to make on the Draft LAP.”

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

“Comment noted.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 57 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B024 (OMJE) Chapter 9: Open Space, Recreation and Green Infrastructure Miscellaneous

The following summary of submission received was CONSIDERED:

“(ii No comment to make on the Draft LAP. )

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

“Comment noted.

Recommendation: No change to the Draft LAP.”

163 The Chief Executive’s recommendation in relation to page 57 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B003 (EPA) Appendices Appendix B SEA Screening Report

The following summary of submission received was CONSIDERED:

“(i) There is a need to determine if any future amendments / variations would have a likely significant impact on the environment.”

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

“In accordance with the Planning legislation and EU legislation on Appropriate Assessment and Strategic Environmental Assessment, any subsequent Material Alterations to the Draft LAP will be further screened for any likely significant environmental effects.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 58 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B003 (EPA) Appendices Appendix B SEA Screening Report

The following summary of submission received was CONSIDERED:

“(ii Under the SEA Regulations, all Environmental Bodies must be notified and a decision of any ) determination should be made available for public inspection and forwarded to Environmental Bodies.”

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

“Prior to the public consultation process and in accordance with the SEA Regulations, the Planning Authority contacted all relevant environmental authorities and took due cognisance of any comments submitted in it’s determination as to whether the Draft Blackrock LAP would have any significant environmental impacts.

A Determination that a Strategic Environmental Assessment was not required was made. This Determination was included in the public notice that advised the Draft LAP was on public display. A copy of the Screening Report was included as part of the Draft LAP that was put on display from 3 September – 15 October 2014.

Recommendation: No change to the Draft LAP.”

164 The Chief Executive’s recommendation in relation to page 58 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B003 (EPA) Appendices Appendix B SEA Screening Report

The following summary of submission received was CONSIDERED:

“(iii In proposing & implementing the Plan, adequate and appropriate infrastructure should be in ) place or required to be in place to service any development proposed.”

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

“In accordance with proper planning and sustainable development adequate and appropriate infrastructure will be in place or required to be in place to service any proposed development identified in the LAP.

Recommendation: No change to the Draft LAP.”

The Chief Executive’s recommendation in relation to page 58 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B025 Late Submissions

The following summary of late submission received was CONSIDERED:

 Concern raised having regard to the future development of the site at St.Teresa's, Dunardagh and Cluain Mhuire.  Concern regarding the proposed scale and heights of buildings.  That there should be a good mix of housing types, including family homes.  Concerns about the junction at Temple Hill/ St. Vincent’s Park.  Density should be kept at the same level as the surrounding area.  Adequate car parking facilities should be provided.  Local education facilities to be provided.  What is the intended use of the Protected Structure of St.Teresa's and St. Catherine’s.  Preserve trees.  Improve major junctions and pedestrian crossings at Barclay Court, Newtown Avenue and Temple Hill Slip Road.  Upgrade Blackrock Park.  Provide Play area in Rockfield Park.

The late submission was NOTED.

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165 Part 3: Summary of Submissions and Chief Executives Response and Recommendation Submission No. B027 Late Submissions

The following summary of submission received was CONSIDERED:

 Concerns over parking for the HSE at Cluain Mhuire.  Exit from the proposed development at Cluain Mhuire is dangerous.  The exit at Cluain Mhuire is dangerous for school children and will add to traffic chaos.  Concern that there might be a through route between Dunardagh and Cluain Mhuire.  Priority should be to provide family homes rather than apartments.  Heights at Cluain Mhuire and Dunardagh should be a maximum of 2 storeys  LAP should encourage small scale housing development.

The late submission was NOTED.

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Part 4: Strategic Environmental Assessment and Appropriate Assessment 1 Screening of Significant Effects Resulting from Proposed Amendments to the Draft Plan

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

“This is the SEA and AA screening for the proposed amendments to the Draft Blackrock Local Area Plan 2015-2021, hereafter referred to as the Draft Plan. This section identifies any significant environmental effects which may arise as a consequence of the proposed amendments to the Draft Plan as outlined in the Chief Executive’s Report 17 November 2014 This SEA and AA screening report, together with the Chief Executives recommendations will be presented to the Elected Members for their consideration.”

The Chief Executive’s report in relation to page 63 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 4: Strategic Environmental Assessment and Appropriate Assessment 1.1 Screening – Evaluation of Significant Effects

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

“The Chief Executive’s Report accompanying this Amendments Screening Report describes all Chief Executive’s Recommendations i.e. amendments to the Draft Plan. Each amendment as proposed in the Chief Executive’s Report is detailed below in the first column of Table 1: Assessment of Amendments. Each amendment has been screened for significant effects with respect to the SEA and AA and screening outcomes and comments are set out in the second column of this table.”

The Chief Executive’s report in relation to page 63 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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166 Part 4: Strategic Environmental Assessment and Appropriate Assessment 1.2 Conclusion

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

“The proposed amendments to the Draft Local Area Plan have been ‘Screened Out’ in terms of Strategic Environmental Assessment and Appropriate Assessment.”

The Chief Executive’s report in relation to page 63 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 4: Strategic Environmental Assessment and Appropriate Assessment Chapter 2 – Heritage and Conservation 2.2.4 Trees, Woodlands and Hedgerows

The following amendment to Draft Plan was CONSIDERED:

“Recommendation: Page 21 Paragraph 1 - Add after "....There are a number of locations within the Plan area where this objective applies (Map 2)”. Note that these locations are indicative only and identify sites with significant trees for protection/preservation (subject to condition and feasibility) and are not necessarily indicative of an individual tree(s) or its exact location(s)"”

The following screening outcome/comment was CONSIDERED:

“No significant impacts anticipated in respect of SEA and AA. Screened Out in terms of SEA and AA.”

The Chief Executive’s recommendation in relation to page 64 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 4: Strategic Environmental Assessment and Appropriate Assessment Chapter 2 – Heritage and Conservation 2.2.5 Biodiversity and New Development

The following amendment to Draft Plan was CONSIDERED:

“Recommendation: To amend the Draft LAP Section 2.2.5 Biodiversity and New Development Objective NHC9 to include the following:

All watercourses shall be maintained in their open natural state in order to prevent habitat loss, preserve biological diversity and aid in pollution detection.”

The following screening outcome/comment was CONSIDERED:

“No significant impacts anticipated in respect of SEA and AA. Screened Out in terms of SEA and AA.”

167 The Chief Executive’s recommendation in relation to page 64 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 4: Strategic Environmental Assessment and Appropriate Assessment Chapter 3 – Urban Structure and Character 3.5.1 St. Teresa’s and Dunardagh Drawing No. 2 Site Objectives and Movement

The following amendment to Draft Plan was CONSIDERED:

“Recommendation: In the interests of clarity amend the term “Protected Views” in the legend on Drawing no.2 Site Objectives and Movement Diagram, to read:

Protect/Retain Views”

The following screening outcome/comment was CONSIDERED:

“No significant impacts anticipated in respect of SEA and AA. Screened Out in terms of SEA and AA.”

The Chief Executive’s recommendation in relation to page 65 of the Chief Executive’s Report Draft Blackrock Local Area Plan was AGREED unanimously.

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Part 5: List of Submissions

The lists of submissions were NOTED.

C/796/14 Minor Amendments to Draft Blackrock Local Area Plan

The following list of proposed minor amendments to Draft LAP which had been circulated to the Members, were approved by the Members:

“Page 3 Acronyms Amend “SAC Special Area of Conservation” to read cSAC Candidate Special Area of Conservation

Page 8 Map 2 Extract from CDP Add to the map legend the County Development Plan symbol for “to protect and preserve trees and woodland”

Page 20 2.2.1 Designated Sites Amend in Paragraph 1 “SAC” to cSAC

Page 22 Objective NHC1 Amend Objective NHC1 from “SAC” to cSAC

Page 77 Section 9.4.2 Objective SF2 Amend Objective SF2 from “SAC” to cSAC.”

C/797/14

168 Resolution

It was jointly proposed and seconded by An Cathaoirleach, Councillor M. Baker and Councillors V. Boyhan, K. Feeney, M. Hanafin, D. Kingston and B. Ward:

“Having considered the Chief Executive’s Report submitted to the Council in accordance with the provisions of Section 20 of the Planning and Development Act 2000 (as amended) in relation to the submissions and observations received in relation to the Draft Blackrock Local Area Plan and having approved the amendments to the Draft Blackrock Local Area Plan as recommended in the Chief Executive’s Report, Dún Laoghaire-Rathdown County Council hereby resolves to make the Blackrock Local Area Plan as so amended in the following Schedule and to initiate the public display and consultation procedure as set out in Section 20 (3) of the Planning and Development Act 2000.”

Chief Executive's Report on Draft Blackrock Local Area Plan

Motion No Page No / Section in Councillor Chief Executive's Report Page 3 / Acronyms Amend “SAC Special Area of Conservation” to read cSAC Candidate Special Area of Conservation: Draft Blackrock Local Area Plan Page 8 / Map 2 Extract from CDP Add to the map legend the County Development Plan symbol for “to protect and preserve trees and woodland”: Draft Blackrock Local Area Plan Motion (7) Page 15 / 2.1.3 (ii) Cllrs Ward; Kingston; Feeney; Hanafin; Boyhan Page 17 & 18 / 2.2.4 (i) N/A Page 18 / 2.2.5 (i) N/A Page 20 / 2.2.1 Designated Sites Amend in Paragraph 1 “SAC” to cSAC: Draft Blackrock Local Area Plan Motion (10) Pages 20 & 21 / 3.5.1 Height (i) Cllrs Ward; Feeney; Kingston; Hanafin; Boyhan Page 22 Objective NHC1 Amend Objective NHC1 from “SAC” to cSAC: Draft Blackrock Local Area Plan Motions (1) & (9) Pages 25 & 26 / 3.5.1 (i) Cllr Baker(1). Cllrs Ward; Hanafin; Kingston; Feeney; Boyhan (9) Page 28 / 3.5.1 Specific Design & Principles (viii) N/A Pages 29 & 30 / 3.5.1 Open Space (i) N/A Motions 5(c) & Page 31 / 3.5.1 Movement (i) Cllr Baker 5(c) & (h) 5(h) Motions (2) as Page 37 / 3.6.1 The Seafront (i) Cllrs Halpin; Gill; Lewis amended Motions 5(d) & Pages 38 & 39 / 3.6.2 (i) Cllr Baker 5(e) as amended Motion 5(f) Page 44 / 4.3 Cllr Baker Motion 5(a) & 5(b) *Section 5.3.3 of LAP Document Cllr Baker Motion 5(g) Page 50 / 7.7.2 (i) Cllr Baker Motion 5(i) Page 55 / 9.3 Cllr Baker Page 77 Section 9.4.2 Objective SF2 Amend Objective SF2 from “SAC” to cSAC: Draft Blackrock Local Area Plan

169 C/798/14 County Ephemera Collection

The following motion was MOVED by Councillor M. Merrigan WITHOUT DISCUSSION:

“That the Chief Executive explore the possibility of Dún Laoghaire-Rathdown Library Services establishing a ‘County Ephemera Collection’ like that maintained by Dublin City Libraries and other major municipal libraries around the world, to be housed and displayed at the Dún Laoghaire LexIcon and to include such items defined as ‘transient documents of everyday life (posters, billheads, historic advertising, miscellaneous printed material) that were intended to be used and generally expected to be discarded’ which nevertheless survive as treasures of material culture and as reminders of our past and the political, social and commercial histories of this County, especially of the greater Dún Laoghaire area, since the establishment of the Kingstown Town Commissioners in 1834; the Townships of Blackrock, Dalkey and Ballybrack in the 1860s and the Kingstown, Blackrock, Dalkey and Killiney/Ballybrack Urban District Councils in 1899 and their successor local authorities down to the present.”

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

“Dún Laoghaire-Rathdown Libraries has been collecting ephemera material for a number of years, but the range is as yet quite limited. Local Studies in the LexIcon will have a dedicated space and a dedicated Librarian to develop the collection. A Local Studies Collection Development Policy is being drafted and attention will certainly be given to growing the Ephemera Collection for the County. It is defined as Pamphlets, Programmes, Catalogues, Leaflets and Posters.”

C/799/14 County Policy on Philanthropy

The following motion was MOVED by Councillor M. Merrigan WITHOUT DISCUSSION:

“That the Council formulates a ‘County Policy on Philanthropy’ in order to inform and direct its examination of the mechanisms and potential of seeking and securing philanthropic financial support for the provision of much needed social, community, cultural, sports or library services or facilities, for which, no other adequate funding source has been identified or is currently in place.”

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

“If the motion is agreed, the matter will be referred to the appropriate Strategic Policy Committee.”

C/800/14 Reduction in Commercial Rates

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

“That the Chief Executive prepare a phased three year proposal for the gradual reduction of commercial rates in the County, for consideration of the elected members.”

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

“The Council is very conscious of the need to keep commercial rate increases and increases in other charges that impact on the commercial sector as low as possible. In this regard it is worth noting that in the five year period 2010 to 2014 the Annual Rate on Valuation was reduced by 6% while the Consumer Price Index increased by 4.2%. These outcomes were achieved despite the fact that the

170 Council lost over €5m in rates income arising from the revaluation process and that rates income reduction would have been to the benefit of businesses within the County. The 2015 Annual Budget, as adopted by Members, provided for a further reduction in the ARV from 2015 of 2.5%.

Ultimately it is a matter for Members, each year as part of the statutory budget process, to determine the Annual Rate on Valuation.”

C/801/14 Cherrywood SDZ - Development Agency

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

“That the Chief Executive set out the process and time line for the appointment of a Development Agency for the Cherrywood SDZ.”

The following report of the Chief Executive, copy of which had been circulated to the members, was NOTED:

“The Planning and Development Act 2000 (as amended), Section 166 (3) (a) requires the Government Order specifies the development agency. In the case of Cherrywood Statutory Instrument number 535, of 2010 designated Cherrywood a Strategic Development Zone. Section 6 of this Statutory Instrument states:

“The development agency for the purpose of Section 168 of the Act is Dún Laoghaire-Rathdown County Council.”

The Chief Executive is establishing a Cross-Departmental Steering Group in accordance with Section 7.4 of the Cherrywood Planning Scheme document as soon as practicable, It is proposed to establish a Development Team to work on advance the delivery of the approved Planning Scheme. A sanction request has been sent to the Department in this regard. In the meantime a Senior Planner has been reassigned on a temporary basis to work on the advancement of the infrastructure to enable the overall development proceed.”

C/802/14 Blackrock Baths Site

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

“That the Chief Executive confirm details of finances proposed in the capital fund programme for the Blackrock Baths site.”

The following report of the Chief Executive, copy of which had been circulated to the members, was NOTED:

“A provision of €600,000 has been included in the 2015-2017 Capital Budget to improve access to the sea shore in Blackrock.”

C/803/14 New Emergency Accommodation

The following motion was MOVED by Councillor M. Halpin WITHOUT DISCUSSION:

“That this Council agrees to prioritise the sourcing of new emergency accommodation in the County and to this end agrees to look at Abbey View House and any other similar buildings and to talk to Crosscare or other organisations that might be interested in working with the Council on such a project.”

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

“The Council is currently in discussions with an approved Housing Body who are conducting surveys on the property at Abbeyview House to outline the best possible options to provide units of accommodation. The Council does not have any source of funding to carry out works/refurbishment to the property.

The Council’s work in the area of homelessness is undertaken in a regional approach under the framework of the Dublin Statutory Framework Homeless Action Plan 2014-2016. The Dublin Region Homeless Executive, which is provided by Dublin City Council as the lead statutory local authority in the response to homelessness in Dublin, adopts a shared service approach across South Dublin County Council, Fingal County Council and Dún Laoghaire-Rathdown County Council. The Dublin Region Homeless Executive is continuing to assess and arrange for delivery of additional emergency accommodation for homeless households in the Dublin region by the end of 2014. This also includes measures to respond to the Cold Weather Initiative.

As a result of the increase in numbers of individuals and families presenting as homeless and consequential increases in temporary and supported accommodation, the Councils of the four Dublin local authorities have increased their budget provisions for Homeless Services for 2014 outturn and for 2015 budget.

The four Dublin Local Authorities are continuing in their efforts to respond to the needs of homeless people, including families that have become homeless or are at risk of becoming homeless in the near future. An increasing number of households are presenting as homeless for a variety of reasons, including banks foreclosing and forcing sales, homeowners in unsustainable mortgage arrears situations and householders unable to afford rents and rent increases. The Dublin local authorities are making major efforts to expand the level of accommodation available for the purpose of providing emergency accommodation to those in a crisis situation.

At the present time, efforts are continuing to assist homeless families to exit emergency accommodation through securing private rented accommodation via Rent Supplement administered by the Department of Social Protection.

Additional resources have been provided for tenancy protection services. The tenancy protection service, agreed between Dublin City Council, Department of Social Protection, the four Dublin Local Authorities, Threshold and other NGO’s, commenced in June 2014. The aim of the service is to support families at risk of losing their tenancies in the private rented sector. This service is limiting the level of families entering into homeless services.

There are a number of new schemes/arrangements due to commence in the near future, including the Housing Assistance Payment (HAP) which is currently being rolled out in South Dublin County Council and in a number of housing authorities before being rolled out more generally to other local authorities, including DLRCC.

A HAP Scheme for the Dublin Region for homeless households is expected to be commenced in late 2014. This will involve Dublin City Council setting up a shared service unit on behalf of the four Dublin local authorities.

The Housing Led approach is a key objective of the Dublin Region Homeless Services, the aim is to increase the provision of housing units and access to affordable and secure housing options for the homeless alongside support services. The Council is continuing its efforts to source accommodation through all available means for allocation to social housing applicants, including homeless households who are prioritised for social housing support.”

C/804/14 Community Awards

172 The following motion was MOVED by Councillor S. O’Brien WITHOUT DISCUSSION:

“That this Council congratulates all groups and individuals who took part in this year’s Community Awards.”

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

“The Councils Community Awards took place on the 27th November 2014. The awards aim to recognise and celebrate the valuable work of community groups within the Dun Laoghaire-Rathdown area. A total of 75 community groups made applications under the award scheme and over 200 people attended the awards event. The feedback from Community Groups, Judges and individuals for this year’s exhibition and ceremony has been very positive. The Community Section will continue to review the format and event and ensure that we continue to engage, recognise and support community groups with the County.”

C/805/14 Swimming Pool Capital Grant Scheme

The following motion was MOVED by Councillor M. Hanafin WITHOUT DISCUSSION:

“That this Council request the Department of Tourism, Transport and Sport, to reopen the Swimming Pool Capital Grant scheme with a view to progressing the redevelopment of Glenalbyn Swimming pool.”

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

“If this motion is agreed, the Council will write to the Department of Tourism, Transport and Sport requesting that they reopen the Swimming Pool Capital Grant Scheme.

Having regard to the development of Glenalbyn pool a report will be brought to the January Council Meeting. Notwithstanding the above a provision of 10 million has been made in the Capital budget 2015-2017.”

C/806/14 Re-entering of Items

It was AGREED to RE-ENTER Item No. 10, Item No. 11, Item Nos. 14 to 28, Item Nos. 30 to 32, Item Nos. 35 to 40, Item No. 42, Item No. 43, Item No. 46, Item No. 47, Item No. 50 and Item No. 52 to the January meeting of the County Council.

C/807/14 Conclusion of Meeting

The meeting concluded at 8.15 p.m.

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