Agenda Reports Pack (Public) 12/09/2011, 17.00

Public Document Pack

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

Phone: 2054700 County Hall Dún Laoghaire Co. Dublin

12 September 2011

To Each Member of the County Council

Dear Councillor

I am to inform you that a Meeting of the County Council will be held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 12th September, 2011 at 5.00 pm to consider the following agenda.

A visitor's ticket is enclosed.

Yours Faithfully

Tony Pluck

Director of Corporate Services & IT

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This meeting may be filmed for live or subsequent broadcast via the Council’s website. At the start of the meeting the Chair will confirm if all or part of the meeting is being filmed.

You should be aware that the Council is subject to the Freedom of Information Act 1997, Freedom of Information (Amendment) Act 2003 and the Data Protection Act 1988 and data collected during this webcast will be retained in accordance with the legislation.

Therefore by entering the Council Chamber and using the seats around the meeting tables, you are consenting to being filmed and to the possible use of those images and sound recordings for webcasting. Members of the public and press should confine themselves to the area provided so that their image is not captured on film.

If you have any queries regarding this, please contact the Corporate Services Department on Extns. 4007/4382.

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CLÁR/AGENDA

Part 1 - Initial Business

1. Confirmation of Minutes (a) Minutes of County Council meeting held on Monday 4 th July 2011. (circulated herewith)

2. Questions (see attached appendix)

Part 2 - Manager's Business for Decision (Reserved Functions)

3. Education And Training For Councillors in accordance with Section 142 (5) of the Local Government Act 2001 (circulated herewith)

4. Approval of Nominations in accordance with Section 142 (5) of the Local Government Act 2001 (circulated herewith)

5. Proposed Disposal of Properties

a) Proposed disposal of Affordable Housing units at Rochdale, Honey Park, Dun Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000-2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended b) Proposed disposal of Affordable Housing units at Mimosa Hall and Levmoss Avenue, The Gallops, Sandyford, Dublin 18 acquired under Part V of the Planning and Development Acts 2000 - 2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended (already circulated)

6. Local Government Act 2001 - Section 19 (3) (a): Casual Vacancy Resulting from the resignation of Aidan Culhane, Labour Party (circulated herewith)

7. Appointment of 1 member to the Housing Strategic Policy Committee (circulated herewith)

8. Appointment of 1 member to the Planning Strategic Policy Committee (circulated herewith)

9. Report of the Manager under Section 13 (4) of the Planning and Development Act 2000 (as amended) in relation to Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016. (already circulated)

a) Councillor R. Humphreys “That the strategy include a table of abbreviations at the start.”

b) Councillor R. Humphreys “That the Manager amend page 3 of the Core strategy by adding a new para “1.2.2 This strategy may be referred to as the Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.”

c) Councillor R. Humphreys “That the Strategy be amended by increasing Map 2.1 on page 5 to full page size so that it is clearly legible.”

d) Councillor R. Humphreys “That the map on page 6 be numbered Map 2.2 and increased in size to full page.”

e) Councillor R. Humphreys “That the map on page 16 be numbered map 7.1 and increased in size to full page.”

f) Councillor R. Humphreys “That the map on p 26 be moved to after p 3 and numbered map 1.1.”

10. Report of the Manager under Section 13 (4) of the Planning and Development Act 2000 (as amended) in relation to Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016. (already circulated)

a) Councillor R. Humphreys “That the Manager on page 5 of the draft strategy, at the end of para 1.1 insert a new para “This strategy may be referred to as the Building Heights Strategy 2011-2016. On the adoption of this strategy, appendix 1 of the County Development Plan shall cease to have effect.””

b) Councillor R. Humphreys “That the Manager on page 26 para 4.3 after “Specific building height ranges are outlined in the Masterplan.” Insert “The construction of housing and/or educational development to the heights referred to in the Masterplan will be subject to ensuring that they do not have a detrimental impact on residential amenity of locations situated outside UCD campus.””

c) Councillor R. Humphreys “That the Manager on page 28, 2nd paragraph, after “within the terms laid out in this document.”, make the rest of the paragraph a separate paragraph and change “of 3-4 storeys” to “to a maximum of 3-4 storeys””

d) Councillor R. Humphreys “That the Manager on page 28 3rd paragraph change first sentence to “This maximum height (3-4 storeys) for certain developments clearly cannot apply in every circumstance referred to above.””

e) Councillor R. Humphreys “That the Manager on page 28, 3rd paragraph, final sentence after “The presumption is that any increase” insert “or decrease””

f) Councillor R. Humphreys “That the Manager on page 28 at the end of the 3rd paragraph insert “Particular importance will be placed on item 1 on the list of downward modifiers, where it applies.””

g) Councillor R. Humphreys “That the strategy be printed in at least 12 point type.”

h) Councillor R. Humphreys “That the strategy be amended by a significant increase in the size of illegible maps and indistinct photographs such as those on pages 6 and 7.”

11. Adoption of Dún Laoghaire-Rathdown Memorials Policy (circulated herewith)

12. Adoption of Dún Laoghaire-Rathdown Arts Development Policy 2011-2014 under Pt2. S6 (1) of the Arts Act 2003 (circulated herewith)

13. Report of the Manager under the Planning and Development Act 2000 (as amended) in relation to Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire- Rathdown County Development Plan 2010-2016. (already circulated)

a) Councillor G. Horkan “That the paragraph of text on page eight and repeated on page nine (see below) of the Managers Report of August 2011 explaining why the Sandyford Urban Framework Plan cannot have a date of operation beyond 2016 be included within the body of the adopted plan.”

"The Sandyford Urban Framework Plan, on adoption of Variation No.2, will form part of the County Development Plan 2010-2016. The SUFP will not become obsolete in 2016, but will be reviewed as part of the preparation of the County Development Plan 2016-2022. The date 2011-2016 is considered appropriate as it accords with the life of the County Development Plan which this Plan will form part of. "

4 b) Councillor L. McCarthy “That the Manager would please include the following in the final report The Sandyford Urban framework Plan, on adoption of Variation No. 2, will form part of the County Development Plan 2010-2016. The SUFP will not become obsolete in 2016, but will be reviewed as part of the preparation of the County Development Plan 2016-2022. The date 2011-2016 is considered appropriate as it accords with the life of the County Development Plan which this Plan will be part of. As stated in the Managers Response & Recommendation” c) Councillor R. Humphreys Add at the end of paragraph 1.2 (page 10 of material alterations)

"The SUFP will not become obsolete in 2016, and will be reviewed as part of the preparation of the County Development Plan 2016-2022" d) Councillor M. Bailey “Par 2.3.3. of the requires the provision of 10% - 15% open space in commercial developments in Zone 3, Office Based Employment Zone, at Sandyford Business District. A proposed amendment to par 2.3.3 suggests that this should be exclusive of boundary treatments including boundary set-backs and planting/landscaping.

This motion proposes that the amendment to par 2.3.3 should not be approved and the requirement for open space in commercial developments in Zone 3, Office Based Employment, at Sandyford Business District should be 10%-15% of site area. e) Councillor G. Horkan “That the Manager within the final Sandyford Urban Framework Plan include a commitment from DLRCC that it is committed to working with all relevant landowners/developers/builders/receivers/examiners/liquidators and NAMA to resolve as soon as possible the issue of unfinished developments within the SUFP area.” f) Councillor R. Humphreys Add at the end of paragraph 2.3.9 (page 13 of Material Alterations)

"The Council will actively engage with stakeholders, including local residents, to this end" g) Councillor L. McCarthy “That the Manager will implement all recommendations set out in ‘A best practice Guidance Manuel on Managing and Resolving Unfinished Housing Developments’ and actively engage with local residents and businesses” h) Councillor M. Bailey At paragraph 2.5.1, a proposed amendment to the SUFP defines density as follows:

5 “Density of development across the plan area is calculated as follows; This is calculated as follows: plot ratio is the plot size to the ratio of gross external floor area (plot size includes open space provision but excludes road schemes identified as Road Objectives TAM 18, TAM 19, TAM 20) and units to the hectare in the case of residential.”

This motion proposes that the definition of density at par 2.5.1 should revert to the original draft text, i.e.:

Density of development across the plan area is calculated as follows; the ratio of gross external floor area to plot size – plot ratio or units to the hectare in the case of residential.” i) Councillor B. Saul “That this Council would delete the red text, Change Map 3, site No.7 from 4 storeys to 5 storeys, on page 13 of the Managers report” j) Councillor B. Saul “That this Council would delete the red text, Change Map 3, site No.7 from 4 storeys to 5 storeys & Change Map 3, site No.9 from 5 storeys to 6 storeys, on page 14 of the Managers report” k) Councillor L. McCarthy “Site 7 (D14) shall be limited to 4 storeys in the interest of safeguarding residential amenity of Woodford Estate.” l) Councillor L. McCarthy “Site 9 (D14) shall be limited to 5 storeys in the interest of safeguarding residential amenity of Woodford Estate” m) Councillor G. Horkan “That all references to restoring the star symbols on sites 3 & 4 particularly on pages 15 & 17 of the Managers report of August 2011 be removed and that this Council reconfirms the view of the members expressed in April 2011 that the star symbols should not be on sites 3 & 4.” n) Councillor B. Saul “That this Council would delete the red text, to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3 & to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3., on page 15 of the Managers report.” o) Councillor B. Saul “That this Council would delete the red text, to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3,& to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3 on page 17 of the Managers report” p) Councillor L. McCarthy “Remove the provision for additional height on sites 3 and 4 (D14) map 3 and remove relevant star symbol which denotes special provision for additional height

6 of 1-2 storeys.”

q) Councillor T. Murphy That the Manager amends SLO 123 that reads as follows:

“To facilitate the IDA in attracting internationally trading businesses office based employment will be considered on these lands to a similar plot ratio to that of the remainder of the South County Business Park. In preparing a Masterplan for the area regard should be given to providing activity along the route to the Luas and to the residential amenity of the local residents.”

This motion proposes that it should read as follows:

“To facilitate the attraction of internationally trading services to South County Business Park, office based employment will be permitted on these lands to a similar plot ratio to that of the remainder of the South County Business Park. In preparing a Masterplan for the area regard should be given to providing activity along the route to the Luas and to the residential amenity of the local residents.”

r) Councillor M. Bailey In the proposed amendments, SLO 123 reads as follows:

This Motion proposes that it should read as follows:

s) Councillor L. McCarthy “That the Manager will not automatically renew ‘live’ planning permissions within the SUFP”

14. Extinguishment of Public Rights-of-Way - Section 73 of the Roads Act, 1993. Housing Department Programme of Laneway Closures in Housing Estates in the Ballybrack area (circulated herewith)

15. Taking in charge of the following Estates:- • Woodpark Heath, Ballinteer. • Olcovar, Dublin Road, Shankill • Access Road off Kellystown Road to Brehon’s Chair Development, Rathfarnham. (circulated herewith)

7 16. Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 - 2010, Planning and Development Acts, 2010 (as amended) and Section 138 of the Local Government Act, 2001. PC/03/11 Proposed Recreational Improvements at Quinn’s Road, Shankill, Co Dublin. (circulated herewith)

Part 3 - Cathaoirleach's Business

17. Cathaoirleach's Business: Councillor J. Bailey (if any, to be circulated)

Part 4 - Manager's Business for Noting

18. Monthly Financial Report (circulated herewith)

19. Minutes of the Organisation, Procedure and Protocal meeting from 6th July 2011 (circulated herewith)

20. Ministerial/Departmental Correspondence 1. Letter from the Department of the Environment, Culture and Local Government in relation to a reduction in Public Sector Pay in relation to the grace period. 2. Letter from the Department of the Environment, Culture and Local Government regarding the Presidential Election. (circulated herewith)

21. Other Correspondence 1. Letter from Dublin City Council in relation to a motion adopted by them re: Justice for Magdalenes. 2. Letter from Dublin City Council in relation to a motion adopted by them re: the hunger strike of 1981. 3. Letter from Limerick County Council in relation to a resolution adopted by them re: subsidy for nursing home care. 4. Letter from South Tipperary County Council in relation to a Notice of motion adopted by them re: Draft Directives 5. Letter from Cobh Town Council in relation to a motion passed by them re: Pardon to adults and children who were incarcerated on Spike Island. (circulated herewith)

Part 5 - Reports from Area Committees and SPC's

22. Strategic Policy Committees - Report of Chairpersons

a) Environment, Culture & Community Strategic Policy Committee held on 1st June 2011 b) Planning Strategic Policy Committee held on 20th June 2011 c) Water & Waste Strategic Policy Committee held on 15th June 2011 (circulated herewith)

Part 6 - Members Motions

RÚIN/MOTIONS

23. Councillor M. Halpin "That this Council agrees, in the light of the EU/IMF Memorandum of Understanding with the Irish Government and the subsequent McCarthy Report which both identify harbours as state assets for possible sale, to oppose any attempt to privatise, amalgamate or in any way undermine Dún Laoghaire Harbour as a public amenity."

24. Councillor H. Lewis "That this Council calls on the Government to transfer empty houses and apartments that are in the ownership of NAMA to the Council to be used as rental properties for Council tenants. This would have the effect of taking pressure off the housing list and securing rents and income for the Council."

25. Councillor N. Bhreathnach “This Council, with the unanimous support of the local Area Committee, calls on the Manager to re-apply for the Blue Flag award for our beaches at Seapoint and Killiney, given the recent good results of the national water quality survey conducted by the Environmental Protection Agency on these bathing waters.”

26. Councillor S. Fitzpatrick “That the Manager write to the Minister for the Environment, Community and Local Government, requesting that he order a report to investigate and examine specifically the cost of running retail operations in Ireland.”

27. Councillor D. O' Callaghan “That this Council review its policy regarding approval to the Downsizing Housing Scheme.”

28. Councillor B. Ward “That the Manager make a report to Council on the Roadmap On-Line Application System that is currently being used by utilities companies to process applications for licences to excavate public roads and footpaths.”

29. Councillor C. Smyth “That this Council introduce the “Rent to Buy” Scheme immediately.”

30. Councillor J. Dillon Byrne “That this County Council consult with the Chinese Authority in Ireland regarding the disappearance of the International Artist Ai Weiwei, 53 year old man, son of the revered poet Ai Qing as no body knows where he currently is or with what he has been charged. He was taken away by police and stopped from boarding a flight from Beijing in early April.”

31. Councillor G. O'Keeffe “That the Manager explain why Policy AR11 did not apply to a recent planning decision pertinent to a Kenny built house in Mount Merrion demesne and give explicit assurances that Policy AR11 will not be contravened again, specifically with respect to Kenny built homes in the Mount Merrion demesne.”

32. Councillor P. Stewart “That the Manager initiates the process to create byelaws which would allow the County Council to enforce the reduction of trees of excessive height in domestic gardens to a height of 2 metres where they are excluding sunlight from neighbouring gardens.”

33. Councillor V. Boyhan “That the Manager indicate what arrangements have been made to date in relation to plans to re-launch the Festival of World Cultures for 2012 and to make a statement on same.”

34. Councillor R. Humphreys “That the Manager bring proposals to the Council, whether by bye-laws or otherwise, for dealing with the problem of advertising vehicles (with or without boards or signs attached) being parked within the County at key locations which currently constitute a form of unregulated advertising sign not subject to planning control.”

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

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

37. Councillor H. Lewis "That this Council agrees, to call a representative of the National Transport Authority to attend the next available Council meeting, to listen to Councillors concerns with regards to proposed changes to Dublin Bus routes and timetables in the Council area."

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

39. Councillors J. Dillon Byrne & S. Fitzpatrick “That the Manager given the de-commissioning of several works of sculpture in open spaces, now direct the Arts office to re-direct the policy towards the commissioning and placing of work of art in open spaces to retain the numbers available for viewing by the general public.”

40. Councillor V. Boyhan “That the Manager request each Department within the Council to prepare a Works Programme for 2012 with a view to having same in place for the 2012 budget debate.”

41. Councillor C. Smyth “That the Manager begin the process of amending the Parking Control Bye Laws to restrict all vehicles parking at electric charge points unless the vehicle is being charged.”

42. Councillor S. Fitzpatrick “That the Manager research and report back to the next Environment SPC if there are companies that manufacture pooper scooper vending machines which Dún Laoghaire Rathdown County Council could purchase for installation in our County’s parks and at other locations where dog excrement is an issue.”

43. Councillor V. Boyhan “That Dún Laoghaire Rathdown County Council resolve to become a member of the Nuclear Free Local Authorities All Ireland Forum.”

44. Councillor J. Dillon Byrne “That this Council agree to adopt a campaign to advertise (and do P.R.) and to publicise this Dún Laoghaire Town Hall as the most desirable venue for a wedding and that the Council consider a partnership with a catering company (or companies) to possibly provide a meal and/or wedding breakfast at this Town Hall, Dún Laoghaire.”

45. Councillor M. Halpin “That the Manager immediately brings a report on the follow up in relation to the public consultation on parking in Dún Laoghaire and set out his recommendations.”

46. Councillor H. Lewis “That this Council supports the call of Taxi Drivers for a pubic taxi rank in the vicinity of Bewley’s Hotel or The Century Business Park in Leopardstown and takes action to end illegal practice of Taxi Company drivers operating an exclusive unofficial taxi rank outside Bewley’s Hotel.”

11 APPENDIX

CEISTEANNA/QUESTIONS

1. Councillor M. Baker “To ask the Manager when will the National Inventory of Architectural Hertitage Survey be completed for our County?”

2. Councillor V. Boyhan “To ask the Manager to report on the work of the Capital Project's Office, including its management, programme of works, its budget and to lay before the September Council its record of Managers Orders.”

3. Councillor V. Boyhan “To ask the Manager to bring a report to Council indicating if the 2011 budget is on target and in line with that approved by Councillors, and to indicate if he intends bring forward proposals to amend or make adjustments to the approved budget. If there are any areas of concern please provide a detailed statement to the September Council meeting?”

4. Councillor V. Boyhan “To ask the Manager to provide the following financial information and stats in relation to Pay & Display car parking across the County, for the period January to July 2011

01 January - 31 July 2011 Income Residents Permits Visitors Permits Meter Collections On Street Fines Income On Street Suspensions On Street Court Costs Miscellaneous Meter Collections Off Street Fines Income Off Street Suspensions Off Street

Total Income

Number of Parking fines issued Number of parking fines paid to date Number of appeals to date?”

5. Councillor V. Boyhan “To ask the Manager to confirm what communication has taken place with the Dept of Environment, Community and Local Government in relation to the Capital Programme and has the Department indicate d if it will approve in part or full , the capital expenditure programme - please advise?”

6. Councillor V. Boyhan “To ask the Manager to confirm if the Council is exposed legally, financially or contractually, directly or indirectly, in relation to the incinerator, currently being built by Covanta at Poolbeg and to indicate if the Council will have to direct waste service providers operating within the Dún Laoghaire-Rathdown area to divert waste to Covanta at Poolbeg. - please advise Councillors?”

7. Councillor J. Dillon Byrne “To ask the Manager how many Dog Wardens are employed by Dún Laoghaire- Rathdown County Council now?”

8. Councillor J. Dillon Byrne “To ask the Manager do Dog Wardens undertake work in other areas (Wards) of the County Council other than the centre (Dún Laoghaire) Ward in a) May b) June c) July d) August when? and how often?

9. Councillor S. Fitzpatrick “To ask the Manager to state how many bedsit units are currently allocated to Dún Laoghaire-Rathdown County Council social housing tenants and to inform this Council of the progress on the phasing out of bedsit accommodation stock under regulations introduced in 2008?”

10. Councillor S. Fitzpatrick “To ask the Manager if Dún Laoghaire-Rathdown County Council has received any monies from JC Decaux to establish a bikes scheme in this Local Authority area. Can the Manager explain why proposals for a public bike scheme have not yet been presented to this Council?”

11. Councillor S. Fitzpatrick “To ask the Manager to state the number and total value of fines that were given out by Dún Laoghaire-Rathdown County Council’s Litter Wardens for the years 2010, 2009 and 2008 and what percentage of issued fines have subsequently been paid each year?”

12. Councillor M. Halpin “To ask the Manager if there will be any leeway with regards to the income cut off points for eligibility for social housing whereby a couple with 2 children earning €40,300 nett will be deemed ineligible?”

13. Councillor M. Halpin “To ask the Manager for a full list of how many individuals have now been removed from the housing list since the introduction of the new Allocations Scheme; and to detail how many of these were removed as RAS tenants, how many were ineligible and how many were deemed to no longer have a housing need?”

14. Councillor M. Halpin “To ask the Manager how many long term leases and RAS tenancies are currently on the books and what is the length of the leases; how many RAS and long term leases are in the negotiation phase and what are the proposed lease lengths for these?”

15. Councillor M. Halpin “To ask the Manager if he will allow RAS tenants to search for a replacement RAS tenancy themselves in the event of them not wanting to renew their lease?”

16. Councillor G. Horkan “To ask the Manager to report on the dates of duration of all Local Area Plans adopted by Dún Laoghaire-Rathdown County Council since June 2004, (it seems that some LAPs have a duration e.g. Deansgrange 2010-2020 whereas some others including Stillorgan appear to be openended) furthermore that the Manager explain why there is this difference between this treatment of LAPs in different areas?”

17. Councillor G. Horkan “To ask the Manager whether Cherrywood is currently classified in the retail hierarchy of the County as a District Centre or Town Centre?”

18. Councillor R. Humphreys “To ask the Manager for a list of the draft local area plans, urban framework plans, strategic developments zones, architectural conservation areas or similar plans and the stage each draft is currently at?”

19. Councillor R. Humphreys “To ask the Manager for an update on the civic memorials policy?”

20. Councillor R. Humphreys “To ask the Manager for a further update in relation to complaints regarding unauthorised fencing at St Helen’s, Stillorgan?”

21. Councillor R. Humphreys “To ask the Manager when the Michael Warren “Gateway” sculpture will be re-erected in a prominent position, and where?”

22. Councillor R. Humphreys “To ask the Manager for a further update on the status of the proposed cemeteries bye-laws?”

23. Councillor N. Richmond “To ask the Manager to detail any discussion he has had with the Department of Education following their announcement (27th June 2011), that three new schools are to be built in the County between 2012 and 2017?”

24. Councillor N. Richmond “To ask the Manager if the Council will be engaging in the new National Internship Scheme and if so if he would detail how?”

25. Councillor C. Smyth “To ask the Manager how much the Council pays to Property Management Company and list the locations?”

26. Councillor C. Smyth “To ask the Manager what were the main findings of the Older Persons Survey which was completed by Dun Laoghaire Rathdown Older Persons Network?”

27. Councillor C. Smyth “To ask the Manager to list the amount paid to consultants on the Cherrywood Strategic Development Zone?”

28. Councillor C. Smyth “To ask the Manager in conjunction with the Irish Heart Foundation, to review the “Sli na Slainte” routes throughout the County?”

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MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

CONFIRMATION OF MINUTES

Document Pack Page 1 This page is intentionally left blank

Document Pack Page 2 DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of Meeting of County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 4 July 2011 at 5.00 pm

PRESENT

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

An Cathaoirleach, Councillor John F. Bailey presided.

OFFICIALS PRESENT

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

C/666/11 Item Not On Agenda

It was AGREED to conclude the meeting at 7.20 p.m.

C/667/11 Confirmation of Minutes

Minutes of County Council Meeting held on 13 th June 2011

In relation to minute number C/646/11 Councillor D. O’Callaghan advised the Members Motion No. (1) & (2) in his name should have referred to the Councils Housing Allocations Scheme and not the Housing Regulations. Councillor O’Callaghan requested to have the motions in the minutes amended to show the following:

Motion (1) “That these Housing Allocations Scheme be reviewed within six months.”

1 Document Pack Page 3 Motion (2) “That the Housing Allocations Scheme include a transfer pathway for R.A.S contract tenants.”

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

“That the minutes of County Council meeting held on 13the June 2011 be ADOPTED and APPROVED as amended.”

C/668/11 Questions

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

“That pursuant to Standing Order No. 92 question numbers A.1 to A.22 be ADOPTED and APPROVED .”

C/669/11 Plans for Cabinteely House

Question: Councillor V. Boyhan “To ask the Manager to set out what plans the Council have for Cabinteely House and to indicate if any offer of furniture and effects have been offered to the Council by a third party for use in the house?”

Reply: “Cabinteely House was built by Robert Nugent, Earl Clare, c.1769. It was originally called Clare Hill. The Pims, Hollweys, McGraths, Dublin County Council and now Dun Laoghaire Rathdown County Council all have owned it in turn.

The house is used by the council for events such as country house concerts, and it is one of the highlights of this Councils ‘Summer of Heritage’ promotion where visitors will be given a guided tour and ‘living history’ presentation.

Cabinteely House has also been used as a film set over the years. It has featured as the Shelbourne Hotel in ‘Scarlet’ a six part Sky TV Series and it represented Russborough House, the scene of a high profile art robbery in ‘The General’. It also featured as the ambassador’s residence in the TV series ‘The Ambassador’ and continues to feature on film, in TV series, documentaries and other TV programmes.

In 2012 it is intended to enhance the interpretation of and increase the visitor numbers to the house, with a new presentation portraying as complete a story as possible of life in a country house from the eighteenth to twentieth century, when the house was last occupied as a dwelling. In particular the presentations will be of interest to children and young people and to enhance the educational potential of the house.

The Council owns most of the furniture in the house but from time to time has been offered furniture by private individuals on temporary loan. There are currently several items on loan from different parties on display, which contribute to the presentation.”

C/670/11 Councils Public Art Collection

2 Document Pack Page 4 Question: Councillor V. Boyhan “To ask the Manager to provide an inventory of the Councils public art collection indicating the extent that the collection is visible to the public and to post same on the council’s website?”

Reply: Attached is a list of Public Art works maintained by the Arts Office. Two works are not currently on public display – Maurice McDonagh’s Barcode and Michael Warren’s Gateway. One additional piece, Goats by Katy Goodhue is in the process of being decommissioned. The documentation and promotion of the Council’s Public Art Collection including an illustrated archive on the Council’s website and map is being considered as part of a review of the Public Art Guidelines and the next Public Art implementation plan.

TITLE OF ELECTORAL ARTIST’S NAME MEDIUM DATE LOCATION WORK WARD

Thus Niall O’Neill Daedalus Bronze and stainless steel 1986 % for Art Entrance to Killiney Hill Park Ballybrack Flew Blackrock Bronze and Resin-Bounded Rowan Gillespie 1987 % for Art Blackrock By-pass, Blackrock Blackrock Dolmen Rock Welded Monochromed Richard Enda Vigil Plated Steel. (Painted with 1990 % for Art Kill Avenue, Fire Station Dun Laoghaire King a chlorinated rubber finish) River Gods/ Ceramic, Earthen ware with Hugh Lorigan 1991 % for Art West Pier Pumping Station Dun Laoghaire Ecosystem slips and oxides Niall O’Neill Repose Bronze and stainless steel 1992 % for Art Brookfield Blackrock Dun Rath Loughlinstown roundabout Tom Glendon Granite 1995 % for Art Ballybrack Group on the N11 Rowan Gillespie Pater and Ned Bronze 1996 % for Art Sandyford Village Glencullen Dorothy Bronze pavement panels Untitled 1997 % for Art Shankill Village, Shankill Ballybrack Heywood (A.I.C.S) Eileen McDonagh Abstract Cube Limestone 1997 % for Art Old Connaught, Ballybrack Rochestown Gardens, Cliodna Cussen Bird Bath Granite 1997 % for Art Dun Laoghaire Rochestown House Karen O’Riordan Mosaic Trees Mosaic 1997 % for Art Carriglea Gardens, Carriglea Dun Laoghaire Maurice Untitled Bronze and Granite 1997 % for Art Cois Culann, Killiney Hill Rd Ballybrack McDonagh % for Art Stillorgan Julie Merriman Conversation Stainless Steel Text 1997 Ard Lorcan, Stillorgan /Nicos Nicolaou

Julie Merriman Glasthule Buildings, Sky Tables Irish Limestone 1997 % for Art Dun Laoghaire /Nicos Nicolaou Glasthule Bronze and stainless steel Rachel Joynt Mothership 1998 % for Art NewtownSmith, Sandycove Dun Laoghaire and patened bronze

Grace Weir Eclipse Bronze 1998 % for Art Library Road, Dun Laoghaire Dun Laoghaire St. Kevins, Sallynoggin, Dun Derek Whitticase Sunflowers Limestone % for Art Dun Laoghaire Laoghaire Nicos Nicolaou Untitled White Oak 1998 % for Art Old Connaught, Shankill Ballybrack Journey Through The 12 Textile Panels – dyed Sadbh O’Neill 1999 % for Art County Hall, Dun Laoghaire Dun Laoghaire Centre Of The velvet and thread Earth Cor Ten Steel % for Art not sited Maurice Bar code 1999 McDonagh Horizontal grid bar code with street name & date to (in storage Cabinteely Park) be installed in road. Nicos Nicolaou Aluminium Steel disc 1999 % for Art Brookfield, Blackrock Blackrock

Imogen Stuart Relief Bronze Panels 2001 Killiney Beach Ballybrack 2001- Family 2003. Terry O Farrell Clay tiles % for Art Cois Cairn, Shankill Ballybrack History Installe d 2008 Currently in storage in Michael Warren Gateway bronze 2002 gift Dun Laoghaire Cabinteely Park Marie Foley Guardian Tree Two drawings 2002 % for Art Eden Park Dr/Goatstown Stillorgan

Cut Out Fabricated steel plate & Dan McCarthy 1986 Blackrock Park Blackrock People concrete

3 Document Pack Page 5 Stele for Cecil Colm Brennan Sheet steel 1986 historical Toverna park Blackrock Blackrock King

Usher Unknown Granite & cast iron 1917 historical Opposite Dundrum SC Dundrum Monument

George IV Aird-engineer Bronze & Granite 1823 historical Dun Laoghaire Pier Dun Laoghaire Testemonial

Eamonn Harbour Ferry Terminal, Civic Plaza, Gaoth Saile Aluminium 1995 Dun Laoghaire O'Doherty Board Dun Laoghaire

Christ the Haigh Terrace, Dun Andrew O'Connor Cast Bronze c1920 historical Dun Laoghaire King Laoghaire

Sun Crosthwaite Park, Dun Noel Scullion Killiney Limestone 1986 symposium Dun Laoghaire Worshiper Laoghaire

Nancy Holt Sole Source Steel & water 1983 symposium Marlay Park Glencullen

Altered Bernard Mortell Granite 1985 symposium Marlay Park Glencullen Images

Killiney Limestone set in Dick Joynt Celebration 1986 symposium Eden park, Glasthule Dun Laoghaire stone & concrete

Niall O'Neill Archer II Concrete & steel 1985 Newtownsmith, Sandycove Dun Laoghaire

Old Dalkey Tom Glendon Ballyknockan Granite 1986 Swan's Hollow, Glenageary Dun Laoghaire Head

Katy Goodhue Goats Steel, metal & cement 1986 Dillon's Park, Dalkey Dun Laoghaire

Catherine Pagan Concrete, slate and steel 1986 symposium Marlay Park Glencullen McCormack

Eileen McDonagh Eclipse Limestone 1983 symposium Marlay Park Glencullen

Solitary Cathy Carman Stainless steel 1983 symposium Marlay Park Glencullen Figure

Vincent Brown Necromancy Sheet Steel 1987 symposium Marlay Park Glencullen

Street Katy Goodhue Cement, metal support 1986 symposium Marlay Park Glencullen Gatherer

Freewheeling local Cliodhna Cussen 1994 Main st, Dundrum Dundrum Champ committee

Gerard Cox House Boat Wood Laths 1986 symposium Marlay Park Glencullen

Sandra Bell The Gift Cast Bronze 2006 % for Art Bentley Villas, Dun Laoghaire Dun Laoghaire

Mark Joyce The Wave coloured aluminium tubes 2008 % for Art M50, Sandyford interchange Glencullen

C/671/11 Dún Laoghaire Baths Project

Question: Councillor V. Boyhan “To ask the Manager to set out a clear timetable for the planning process in order to deliver on the Dun Laoghaire Baths project approved by council?”

Reply: “It was agreed at a meeting of Dún Laoghaire Ward Councillors on 24 th June 2011 to advance the proposals for interim works at the Baths site, subject to a small number of modifications, to Part 8 stage. The Council expects to be in a position to proceed with a Part 8 in respect of the proposed works by the end of 2011.”

C/672/11 Pavilion Theatre Dún Laoghaire

4 Document Pack Page 6 Question: Councillor V. Boyhan “To ask the Manager to provide a report on the Council's annual subvention and loans to the Pavilion Theatre Dun Laoghaire and to indicate if the theatre needs additional financial support this year?”

Reply: “The 2011 subvention to the Pavilion theatre is €252,000. The Council is not in a position to provide any additional subvention this year. Given the pressure on the Council’s resources the Council may not be in a position to retain the 2011 level of subvention in 2012.”

C/673/11 Council Historic Archive

Question: Councillor V. Boyhan “To ask the Manager to set out who is responsible for the council historic archive and to indicate what plans are in place to maintain, display and make available the rich and varied archive within the council?”

Reply: “The Council, in conjunction with the Heritage Council, engaged archives and records management specialists to carry out a needs assessment audit if its archives and records management practices in 2007. The report contained a number of recommendations in relation to archives and best practice standards. On consideration of these recommendations the Council decided to prioritise records management for further action. This element of the project is nearing completion.

In relation to the important element of archives, the report recommended that a professionally qualified and experienced archivist should be engaged to implement a strategic archives programme within the local authority. This recommendation is currently being reviewed.

The implementation of any programme would require the identification of an appropriate environmentally controlled storage area, which would require rigorous control and management. The Carnegie Library in Dún Laoghaire has been identified as a possible location, given its close proximity to County Hall and its accessibility to the public. The composition of the archives will largely be defined by organisational decisions. However it is recommended that the programme would encourage the acquisition of private collections of local interest as well as material relating to individuals and families of local relevance.”

C/674/11 Energy Efficient Retrofitting of Council Properties

Question: Councillor C. Devlin To ask the Manager how many Council owned properties have been retro fitted with improved energy efficient products: solar, insulation or heating systems over the past 5 years? Please give locations and costs of each project.

Reply: “Since 2004 the Housing Department have embarked on a Planned Preventative Maintenance Programme, which has improved the energy efficiency of the housing stock. These works involved the installation of double glazed windows, attic insulation, new improved energy efficient heating systems together with insulated hot water cylinders and thermostatic controls.

The following upgrades were done under Planned Maintenance Programmes since 2006.

5 Document Pack Page 7

Double Glazing 2,292 Central Heating 812 Attic Insulations 834

The Department introduced an energy retrofit programme in 2009 where they promoted improving the overall energy efficiency of a property and to aim to achieve a C1 Building Energy Rating.

Under this programme Dún Laoghaire-Rathdown County Council carried out major refurbishment/energy works to a number of units:

2009 12 units were upgraded to C1 BER or better 2010 22 units were upgraded C1 or better 2011 18 have been completed or are at an advanced stage and a further 65 units are being planned and should be commencing on site very soon. We have not installed solar powered systems in any retrofit programme.

The above works have been carried out at different locations throughout the county and the average cost of the energy works per unit is €15,000 - €20,000. However in most cases we have also had to carry out additional non energy upgrade works.”

C/675/11 Outstanding Rate Payers for the Year 2010

Question: Councillor G. Horkan “To ask the Manager for a list of the top 50 amounts still outstanding from rate payers for the year 2010 and the names of the ratepayers in each case? In each case can the manager please indicate whether or not to his knowledge the business in question is still trading?”

Reply: The current fifty largest outstanding amounts in respect of commercial rates, from the incoming arrears balances at the 1 st of January, 2011, are listed on the attached schedule. To the Council’s knowledge 16 of those entities are no longer trading, or the properties are vacant, and represent the most significant arrears balances on the schedule. In total these properties represent 32% of the properties listed on the schedule and represents 37.43% of the amount outstanding. In the case of vacant properties the ratepayer is entitled to a refund of the full amount of the rates for the year, once paid, provided the property was vacant on the date the rate was made and was vacant for the full year. Otherwise once the property was vacant on the date the rate was made and was vacant for only part of the year a partial refund will apply. In the case of companies in receivership/liquidation the amount receivable in respect of outstanding rates will be dependent on the dividend payable by the Receiver/Liquidator with the Council holding the status of a preferential creditor thereby entitling it to be paid in priority to all other unsecured debts.

The Council vigorously pursues all outstanding payments due to it and a number of the cases listed are subject to legal proceedings and are at various stages within that process. Furthermore, Rate Collectors will have in place payment plans with certain Ratepayers which provide for the payment of the outstanding arrears over an agreed payment period.

In accordance with the Council’s obligations under the Freedom of Information & Data Protection Acts, pertaining to its obligations to hold in confidence personal and commercially sensitive information, it cannot indicate the names of the Ratepayers to whom the outstanding rates refer.

6 Document Pack Page 8

Balance Balance Balance 1 € 401,360.00 18 € 93,124.84 35 € 63,028.63 2 € 337,291.62 19 € 92,672.82 36 € 62,480.86 3 € 316,410.91 20 € 87,192.00 37 € 58,431.10 4 € 287,039.87 21 € 83,435.82 38 € 57,509.88 5 € 246,024.68 22 € 83,033.08 39 € 56,845.57 6 € 192,865.94 23 € 74,559.28 40 € 56,234.00 7 € 189,790.00 24 € 73,644.41 41 € 55,926.97 8 € 188,033.01 25 € 73,328.05 42 € 55,055.70 9 € 184,833.20 26 € 72,321.88 43 € 53,158.75 10 € 173,095.50 27 € 72,274.38 44 € 53,072.23 11 € 164,434.77 28 € 72,182.94 45 € 52,956.19 12 € 149,118.55 29 € 71,540.78 46 € 50,654.10 13 € 133,482.80 30 € 69,980.19 47 € 47,950.60 14 € 102,061.30 31 € 69,804.09 48 € 46,896.06 15 € 100,881.69 32 € 68,900.00 49 € 46,884.00 16 € 97,967.40 33 € 68,508.00 50 € 45,367.38 17 € 94,670.49 34 € 67,656.84

C/676/11 Noise Pollution

Question: Councillor R. Humphreys “To ask the Manager whether the Council’s enforcement function regarding noise pollution can be extended to noise pollution emanating from residential sources and if not to provide detailed reasons?”

Reply “Dún Laoghaire-Rathdown County Council investigates and takes appropriate enforcement action in commercial/industrial noise pollution cases. The Council also issues advisory/warning letters relating to security/intruder alarms that are causing a nuisance. This applies for both commercial and residential alarms. The investigation of complaints is conducted on a regional (Dún Laoghaire-Rathdown, Fingal and South Dublin) basis by the H.S.E.’s Air and Noise Pollution Control Unit under contract to the three County Councils. A common policy applies in relation to noise pollution from residential sources. A similar policy is adopted by Dublin City Council. Under that policy complainants are advised to consult with the Private Residential Tenancies Board (PRTB) where the residence is registered as a private rented property; the Council’s Housing Department/Anti-Social Behaviour Unit in the event that the residence is a rented council house or to make an application to the District Court under Section 108 of the Environmental Protection Agency Act, 1992 if the house is privately owned or rented but unregistered. Section 108 was specifically designed to provide a simple remedy to the general public and ease of access to the Courts. Legal representation is not required nor are expert witnesses needed by the complainant/applicant. A nominal fee is charged. Advice on this process is available through the Council’s Water and Waste Services, Waste Enforcement Unit both on the web site at http://www.dlrcoco.ie/aboutus/councildepartmen ts/wasteservices/reportit/noisepollution / and on application.

Sound can be measured but noise is subjective. However, neither the Environmental Protection Agency Act, 1992 nor the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 specify standards for acceptable sound levels in residential areas. Residential noise pollution generally relates to anti-social behavior and can involve domestic/neighbour disputes and, in the absence of an established mediation service, is best dealt with through the processes as described in the preceding paragraph.

7 Document Pack Page 9

Were the Council to change policy it would be at variance with what pertains at regional level. There would also be resource implications for the Council in providing a mediation service or in taking enforcement measures to resolve a dispute involving noise pollution – enforcement measure can involve a 24/7 monitoring/noise measurement service owing to the propensity of nuisance to occur late at night and weekends together with service of warning letters/statutory notices and prosecution through the courts which necessitate representation by the Council’s Law Agent. As mentioned, Section 108 provides a simplified and accessible solution to the individual.

A Noise Issues Consultation Paper was published in August 2008 to inform the development of a Noise Nuisance Bill proposed by the previous Government. During the Dáil debate on the 24 th May 2011, the Minister for the Environment, Culture and Local Government stated that the current Programme for Government includes a commitment to address noise pollution through the introduction of fixed payment notices (also known as on the spot fines) and provision for mediation between neighbours. Submissions received as part of the previous public consultation process on noise, conducted during the tenure of the previous government, will be taken into consideration by his Department as the approach to new noise legislation is re-considered.

It is recommended that any policy change be deferred until the introduction of new Noise Nuisance Regulations as these will inform local authorities nationally and introduce a uniform approach to enforcement.”

C/677/11 Cemeteries Bye-Laws

Question: Councillor R. Humphreys “To ask the Manager for an update and timescale for proposed cemeteries bye-laws?”

Reply “It is proposed that a review of the Draft Cemeteries bye-laws will be completed by the end of the 2011.”

C/678/11 Bye-Laws for Coliemore Harbour

Question: Councillor R. Humphreys “To ask the Manager whether consideration has been given to the introduction of bye- laws for Colliemore harbour or any other harbour function exercised by the Council?”

Reply: “There are no proposals to prepare bye-laws for the management of Colliemore harbour or other harbours at present.”

C/679/11 Unauthorised Fencing at St. Helen's, Stillorgan

Question: Councillor R. Humphries “To ask the Manager for a comprehensive update in relation to complaints regarding unauthorised fencing at St Helen’s, Stillorgan?”

Reply: “A Warning Letter was issued on 15 th April 2011 to the Management Company for alleged unauthorised development consisting of the erection of fencing, 2.40 metres in height, within the curtilage of a protected structure and without the benefit of planning permission, and afforded four weeks for a submission in accordance with Section 152 of

8 Document Pack Page 10 the Planning and Development Act 2000 (as amended). A submission was received on 17 th May 2011 to state that the Board of Management would be responding but no further correspondence has been received.

The Planning Inspector has been requested to carry out a further inspection and his report and recommendation on further action is awaited.

Prior to issuing of the Warning Letter, the Property Management section confirmed that the lands on which the fence is erected is in the ownership of Merrion Woods/ Sumaes Management Company.”

C/680/11 Councillors Payments

Question: Councillor R. Humphreys “To ask the Manager for a list of any payments to Councillors made in 2010 that were not included in the reply furnished by the Manager to a question in that regard in April 2011?”

Reply: Please find attached updated list of Councillors expenses for 2010.

9 Document Pack Page 11 *DIVISON OF TOTAL MOBILE PHONE PAYMENTS 2010 COUNCILLOR Total Mobile Phone Amount of Mobile Balance of Phone Bill paid by Travel & Subsistence for attendance at Salar y 2010 Cathaoirleach/Leas Cathaoirleach Travel & Conference Education & SPC Broadband TOTAL AMOUNT PAYMENTS € Bill for 2010 per Phone Bill paid by Councillor for 2010 Meetin gs for 2010 as per Circular LG 33/06 (Gross Amount) - As per Cathaoirleach & Car Allowance Subsistence for Fees - As Training Allowance Expenses PAID TO Councillor Council for 2010 (See Mobile Phone Bills 2010 (Includes deductions such as LAMA annual circular LG 26/09 Count y Develo pment for 2010 attendance at per circular LG Allowance 2010 for (Allowed up to a COUNCILLOR note below in black ) membership fee, Mobile Phone Bills and Board Chair 2010 Conferences for 02/10 Chairpersons max of €29.99 per 2010 Mobile Phone Bill Review - Please see (Gross Amount) 2010 - only - As per month ) explanation below in green ) As per circular circular LG (Please see note LG 33/06 and 33/06 below in blue ) LG 02/10

John Bailey €529.96 €265.02 €264.94 €6,161.02 €16,724.04 €1,673.16 €620.00 €359.88 €25,803.12

Bailey Maria [Chair County €641.21 €320.62 €320.59 €6,133.51 €16,724.04 €2,850.00 €1,673.26 €620.00 €6,000.00 €359.88 €34,681.31 Development Board payment from Jan - June 2010] [SPC Chair Allowance]

Baker Marie *Cathaoirleach *- €278.51 €139.29 €139.22 €6,311.64 €16,724.04 €12,136.00 €3,193.46 €863.54 €310.00 €359.88 €40,037.85 June 09 - June 2010 (Paid from 1st Jan - 13th June 2010) Bhreathnach Niamh (Broadband €411.93 €205.97 €205.96 €6,270.90 €16,724.04 €0.00 €240.79 €449.85 €23,891.55 bills - paid from Oct 2009 - Dec 2010 - Cllr's bills are €45 per month) Boyd Barrett Richard €763.70 €381.88 €381.82 €6,119.36 €16,724.04 €0.00 €0.00 €0.00 €23,225.28

Boyhan Victor €487.98 €244.01 €243.97 €6,233.19 €16,724.04 €2,758.93 €839.00 €329.89 €27,129.06

Document Pack Page 12 (Broadband bills - paid from Feb - Dec 2010) Brennan Aoife €354.50 €177.27 €177.23 €6,289.25 €16,724.04 €657.42 €295.00 €389.87 €24,532.85 (Broadband bills - paid from Dec 09 - Dec 10) Culhane Aidan [Chair County €533.68 €244.36 €289.32 €6,145.11 €16,724.04 €2,850.00 €439.78 €516.82 €6,000.00 €359.88 €33,279.99 Development Board July - Dec 2010] [SPC Chair Allowance]

Devlin Cormac €864.52 €404.53 €459.99 €6,076.87 €16,724.04 €973.24 €3,295.00 €2,780.00 €359.88 €30,613.56 (BA in Public Management)

Dillon Byrne Jane €340.11 €170.07 €170.04 €6,315.84 €16,724.04 €1,820.90 €1,059.00 €359.88 €26,449.73

Fitzpatrick Stephen €273.45 €136.71 €136.74 €4,888.72 €16,724.04 €0.00 €0.00 €0.00 €21,749.47

Fox Tony €377.19 €188.61 €188.58 €6,192.13 €16,724.04 €3,660.92 €1,269.00 €359.88 €28,394.58 (Switched to a different broadband provider in Sep - Cllr's bills are €32 per month)

Hand Pat €306.32 €153.17 €153.15 €6,297.70 €16,724.04 €6,269.80 €2,049.00 €359.88 €31,853.59

Horkan Gerr y €275.40 €137.69 €137.71 €6,319.11 €16,724.04 €6,214.46 €1,284.00 €6,000.00 €359.88 €37,039.18 [SPC Chair Allowance]

Humphre ys Richard €331.42 €165.88 €165.54 €6,285.34 €16,724.04 €3,029.46 €0.00 €0.00 €26,204.72 * Leas Chathaoirleach* - June 09- June 2010 (Paid from 1st Jan - 13th June 2010)

Joyce Tom [SPC Chair Allowance] €272.85 €136.47 €136.38 €6,314.48 €16,724.04 €702.88 €225.00 €6,000.00 €0.00 €30,102.87

Lewis Hugh €341.28 €170.68 €170.60 €4,888.78 €16,724.04 €0.00 €557.81 €22,341.31 (Broadband bills - paid from 12th June 2009 - Dec 2010 )

Marren Donal €289.67 €144.83 €144.84 €6,306.01 €16,724.04 €2,760.74 €845.00 €359.88 €27,140.50 McCarthy Lettie *Cathaoirleach* €330.85 €165.43 €165.42 €6,285.46 €16,724.04 €16,002.96 €4,000.74 €453.01 €587.45 €359.88 €44,578.97 June 2010 - June 2011 (Paid from 14th June - 31st Dec 2010)

Mitchell O' Connor Mary €804.26 €377.08 €427.18 €5,932.30 €16,724.04 €0.00 €640.00 €359.88 €24,033.30

Murphy Tom €272.85 €136.47 €136.38 €6,314.50 €16,724.04 €0.00 €0.00 €0.00 €23,175.01

O'Callaghan Denis [SPC Chair €282.84 €141.46 €141.38 €6,309.50 €16,724.04 €383.43 €160.00 €6,000.00 €359.88 €30,078.31 Allowance]

O'Dea Jim (Co-opted 5th July €142.25 €72.15 €70.10 €3,172.84 €8,182.19 €329.97 €170.00 €82.00 €12,009.15 2010) (Broadband bills - Cllr's broadband bills are €11.99 per month)

O'Keeffe Gearoid (Broadband bills - €1,292.27 €457.68 €834.59 €6,119.48 €16,724.04 €5,081.70 €1,200.00 €391.84 €29,974.74 paid from Se p 2009 - Dec 2010 Cllr's broadband bills are €24.49 per month) O'Lear y Jim €1,215.62 €371.17 €844.45 €2,749.67 €6,024.25 €0.00 €0.00 €130.60 €9,275.69 [Retired 11th May 2010] (Total Mobile Bills includes Oct, Nov and Dec 09 Mobile Bills - Submitted Late)

Richmond Neale * Leas €509.30 €254.68 €254.62 €6,119.48 €16,724.04 €3,994.76 €0.00 €0.00 €0.00 €27,092.96 Chathaoirleach* - June 2010 - Jul y 2011 (Paid from 14th June - 31st Dec 2010) Saul Barry €305.36 €152.69 €152.67 €6,298.20 €16,724.04 €2,785.52 €1,659.00 €0.00 €27,619.45

Smyth Carrie €298.38 €149.10 €149.28 €6,356.63 €16,724.04 €545.13 €400.00 €359.88 €24,534.78

Ward Barr y €1,317.23 €517.42 €799.81 €6,428.27 €16,724.04 €0.00 €0.00 €10,085.00 €264.00 €34,018.73 (Broadband bills - Cllr's broadband bills are €22 per month ) (Masters in Economic Policy Studies)

TOTALS €14,444.89 €6,582.39 €7,862.50 €171,635.29 €465,755.52 €40,863.18 €7,194.20 €40,047.79 €18,284.06 €12,865.00 €30,000.00 €7,634.18 €800,861.61

Explanations Below: Document Pack Page 13 Mobile Phone Bills 2010 - As per circular LG 33/06, the Council pays for half of each Councillor's mobile phone bills to a maximum of 600.00 euros per annum, anything after that is paid by the Councillor, e.g if a Councillors annual bill is 1,500.00 euros, the Council pays 600 euros and the Cllr pays 900 euros. 27 Councillors were with a mobile phone provider chosen b y the Council, the mobile phone bill for the 27 Councillors was paid b y the Council and deducted from the Councillors' Meetin gs payments. Cllr Jim O' Lear y and Cllr Barr y Ward were with different mobile phone providers so they submitted their bills. The Council paid up to a maximum of €50 per month to them, but didn't deduct money from these Councillors as they were paying their own mobile bills. Cllr Ward was with the same mobile phone provider as the other 27 Councillors for January and February, so half the mobile bills were deducted from his Jan and Feb Meetings Allowance payments. He switched to another provider in March, from then on a payment of up to €50 a month were given to him, no mobile bill deduction occurred from March to December, as Councillor was paying his own mobile bill.

Travel & Subsistence Allowance for Meetings Attended in 2010 (Deductions) - A Mobile Phone Review for the year 2009 was completed in January 2010. Subsequently, monies owed to Councillors were paid ton them in their January 2010 payment. Equally, monies owed to the Council were deducted from the Councillors' January payment. LAMA (Local Authorities Members Association) Membership Fee of €35 was deducted from 26 Councillors' March payments. Councillors Jim O'Dea, Richard Boyd Barrett and Jane Dillon Byrne were not members of LAMA in 2010 so no deduction occurred. Please note that a Mobile Phone Review for 2010 was completed in January 2011. Subsequently, monies owed to Councillors were paid to them in their January 2011 payment and monies owed to the Council were deducted from their January payment.

Broadband Payments 2010 - The Council pays for a broadband package worth €29.99 per month. 17 Councillors availed of the broadband package with the Council's chosen broadband provider. 5 Cllrs were with different broadband providers. They submitted their broadband bills and were then paid up to a maximum of €29.99 per month. 7 Cllrs did not receive any broadband payments.

IT Equipment - All Councillors are provided with a laptop worth €1040.00 and a printer worth €168.19

C/681/11 RAS Scheme

Question: Councillor T. Murphy “To ask the Manager to review the RAS scheme in the context of the people who are on the housing waiting list long term and were transferred to the RAS scheme and are now not entitled to still be on the housing waiting list?”

Reply: “Under Section 19 of the Housing (Miscellaneous Provisions) Act 2009 a household accommodated through the Rental Accommodation Scheme (RAS) is classified as a Social Housing Support Tenant and is considered therefore to be in receipt of Social Housing Support. Therefore, as their housing need has been met, their housing applications have been closed.

A new Allocations Scheme was approved at the meeting of the County Council held on 13 th June and the Scheme includes a special transfer pathway for those existing RAS tenants who were transferred to the RAS Scheme prior to the implementation of the new legislation. The Council has written to these tenants advising them of the recent changes and of their entitlement to apply for inclusion in a RAS Fixed Transfer List that will come into effect on 1 st October 2011. An application form was issued with the correspondence.

RAS Tenants who are interested in applying for the RAS Fixed Transfer List must submit a completed application form by 30 th September 2011. Applicants will be credited for their time on the housing list from the date of their original approved housing application, and when eligible applicants are reached on the list their applications will be considered for an offer of other forms of social housing support appropriate to their needs, including standard Council housing.

RAS tenants are also entitled, once they have 3 years in a RAS tenancy and satisfy certain requirements, to apply for inclusion on the general overcrowding or medical transfer lists if their circumstances require it. This will entitle them to be considered for other forms of social housing support as above.”

C/682/11 Regulations Relating to the Erection/Installation of Directional Signage

Question: Councillor J. O'Dea “To ask the Manager to mention schools (preschools, Montessori, Primary, Second-level and Third-level) as a separate item in the regulations relating to the erection/installation of directional signage. Item no. 8 in the current regulations "other places of public interest" is open to interpretation and could exclude schools. Though there are signs for all types of schools currently in place a refusal to sanction more is clearly unjust to those who don't presently have signs?”

Reply: “The Transportation Department receives a large number of requests for local information signage to be erected throughout the County. Many of these requests are not warranted as they may constitute a traffic hazard, they would lead to a proliferation of such signage and they would ultimately be unsightly and ineffective. It is therefore the policy of the Council to encourage the rationalisation of signage so as to avoid detracting from directional and regulatory signage. It is also the policy to facilitate the ease of navigation of road users by providing a high standard of directional signage and by supplementing this with local information signage where necessary.

10 Document Pack Page 14 Educational organisations regularly apply for local information signage, however the fact that schools are not mentioned on the list of groups on the application form is not a determining factor in whether a school is granted permission or not. The list on the application form is not exhaustive but instead gives a broad indication of the local attractions and facilities coming within the general classification. Requests for signs are only considered where a “need” can be demonstrated. In this context the term “need” relates to the requirements of the travelling public and not the desire of the applicant to advertise as widely as possible and therefore each such need is assessed on its merits.

Many educational organisations in the County are well known locations and they would not pose a problem to find, furthermore it would generally be considered the case that if a parent or guardian can locate a school on the first day of term it is unlikely that they will require additional guidance on subsequent days. However, the Council accepts that some educational organisations can be difficult to find and especially in the case where people may be trying to locate a school on a one-off basis such as to attend a sporting event or to do a night class. In these instances a school falls within the category of 'community centre' and also under 'other place of public interest' and so it is worth noting that the Council would regularly grant approval for schools under these categories as they demonstrate a genuine "need" for a sign.”

C/683/11 Severe Weather

Question: Councillor N. Richmond “To ask the Manager to produce a report on what plans have been made to deal with severe weather this coming winter with particular regard to: 1. Keeping Roads safe. Use of snow ploughs. Salt and grit supplies and arrangements for their use including by residents in their own time. 2. Addressing the problem of frozen water mains 3. The issue of footpaths and whose responsibility it is to keep them clear of snow and ice 4. The drawing up of an integrated emergency response to ensure that residents, particularly the elderly, are looked after during times of severe weather, what lessons have been learned form the severe weather last winter?”

Reply: “Transportation Department Winter Maintenance

Road Maintenance will provide a Winter Maintenance Service in accordance with the NRA Winter Service Manual.

1. Gritting Routes will be treated with salt as required and roads will be cleared of snow as resources permit. We have ordered another 4 snowblades to be fitted to the gritting trucks in addition to the 5 existing. We will also use our own and hired plant and machinery if necessary to assist with clearing snow. Salt boxes have been provided in certain rural locations for use by residents to assist with keeping minor roads open.

2. Frozen water mains Water shortages in times of freezing weather arises from bursts in water pipes due to ground movements rather than freezing of the watermains. The single most effective method of limiting disruption is through replacement of old delicate mains and the two freezes of 2010 gave dramatic evidence of the benefit of the rehabilitated areas over areas awaiting new mains. Some 16 km of watermains in DLRCC have been rehabilitated over the past two years under the Dublin Region Watermain Rehabilitation project and a further 30 km are due over the next 2

11 Document Pack Page 15 years.

For individual councils in the Dublin area, the measures which can be taken to ensure a constant supply of water to its citizens is limited as all are dependent on the regional situation. The lack of significant excess production capacity in the region results in disproportionate disruption to supplies when demand exceeds supply even by relatively small amounts.

At times of shortage such as the recent freeze, a regional crisis group convenes daily (by meeting or conference call) to manage the available supplies and minimize disruption caused to water users. An in-house crisis management team also meet daily to manage local issues and communication.

In DLRCC, we have installed additional controls in the network which assist in crisis management in various ways e.g. substantial pressure reduction over off-peak times instead of shut-down, thus limiting the user problems associated with network recharge. While every effort is made to be equitable and reasonable in allocating disruption across the county, this is possible only to a limited extent for reasons of topography, mains condition and network configuration.

A significant consideration in freezing events is the extent to which customer behaviour and bursts contribute to the problem. Analysis of telemetry records suggest that as much as 50% of the increased usage arises from customers leaving taps running to avoid freezing pipes and from bursts within premises. Anecdotal reports from local plumbers suggest that customer leaks were being repaired for a considerable period after the thaw which triggered the shortage. Effort to influence customer behaviour through advertising has limited success; consequently this element is mostly outside the control of the Council's water department.

3. At present neither Local Authorities nor the public have a responsibility to keep footpaths clear of snow and ice. It is not recommended to apply salt to concrete footpaths as it corrosive and causes severe damage to concrete leading to complaints and large repair bills. It would also damage certain flooring materials.

4. Accommodation for the elderly is prioritised if and when requested.

The main lesson learned was that proper arrangements for an adequate supply of salt must be made in advance. We understand that tenders for the supply of salt have been advertised by the NRA to ensure adequate supplies.”

C/684/11 Repair Works

Question: Councillor N. Richmond “To ask the Manager to outline what repair works the Council intend carrying-out to asphalt ramps, installed under council traffic calming schemes, which have subsequently became seriously damaged as a result of weathering and usage?”

Reply: “The Road Maintenance Section has carried out a survey of all the ramps in the County and the damage to them and have carried out some temporary repairs as necessary to make them safe.

A consultant has been employed to determine the causes for their failure.

An allocation of funding has been received from the NTA to replace the ramps on Broadford Road and Avondale Road as these are the worst affected bus routes.”

12 Document Pack Page 16

C/685/11 Development Levies Received This Year

Question: Councillor B. Saul "To ask the Manager to give a break down of all development levies received this year?”

Reply: “Planning Department records show the following receipts in respect of development contributions from 1 st January, 2011 to 27 th June, 2011:

Section 48 development contributions = €1,061,689.38 Section 26 financial contributions = €21,615.30 Section 49 supplementary development contributions (luas levy) = €31,254.01”

C/686/11 Development Levies Received

Question: Councillor B. Saul "To ask the Manager if any development levies received have not yet been deposited in the councils bank accounts?"

Reply: “Allocation and deposit of Section 48 Contributions Once Collected

Each invoice issued by the Council in respect of development contributions states the amount being charged in respect of each class of infrastructure relative to the stated contribution amount. Once contributions are collected, they are allocated to each division based on the proportion of costs included in the relevant Section 48 Scheme for each class of infrastructure.

The percentage of contributions allocated to each division in respect of monies collected under the 2004-2009 Section 48 Development Contribution Scheme is as follows :

- Community and parks: 32.39% - Roads: 38.99% - Water and drainage: 28.62% .

The percentage of contributions allocated to each division in respect of monies collected under the 2010-2017 Section 48 Development Contribution Scheme is as follows :

- Community and parks: 25.00% - Roads: 50.00% - Water and drainage: 25.00%

All cheques (except post dated cheques) received by the Planning Department in respect of development contributions are sent to the Finance Department. As soon as these cheques are received by the Finance Department, they are promptly receipted and the cheques are lodged to the Council’s Bank Account in accordance with Section 97 of the Local Government Act, 2001.”

C/687/11 Standard Development Bond

Question: Councillor B. Saul "To ask the Manager to provide a full complete list of terms and conditions attached to a standard development bond?”

13 Document Pack Page 17

Reply: “The following is a template of the standard development bond:

KNOW ALL MEN BY THESE PRESENTS that we

(herein called “the Developer”) and

(herein after called “the Surety”) are jointly and severally bound unto DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL (hereinafter called “the Local Authority”) in the sum of € to be paid to the Local Authority its Successors and Assigns jointly and severally by these presents.

SEALED this day of 2011.

WHEREAS THE Developer has received planning permission (Planning Register Reference No. refers), a certified copy of which is annexed hereto, for the development of lands for house building at ______and the planning permission has required security to be lodged with the Planning Authority for the carrying out and completion of the development in accordance with the said permission.

AND WHEREAS the Developers and the Bank have agreed to join in this Indemnity to the Council for the completion to the satisfaction of the Council of that part of the development work described above consisting of roads, footpaths, sewers, water mains, drains, public open space, lighting and other services on the lands as set forth in the plans and specifications.

NOW THEREFORE the conditions of the foregoing obligations are such that if the Developers, their successors and assigns shall carry out and complete the site development work to the satisfaction of the Council and in accordance with said specifications and in accordance with their terms of the planning permission granted or if on default by the Developers the Bank shall discharge to the Council a sum not exceeding € (say ), or the estimated cost of the outstanding work, whichever is the lesser, to enable the Council to carry out and complete in whole or in part as the Council shall in their discretion deem fit of the Development Work in accordance with the said plans and specifications and the said Orders then this obligation shall be null and void but otherwise shall remain in full force and effect.

No liability shall attach to the Surety under this Bond in consequence of any delay or damage directly or indirectly due to or arising out of war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. THIS BOND provides that all monies which become due and payable by the Surety under the Bond shall be payable and paid in the Republic of Ireland. The Surety may terminate all and any liability under this Bond by providing to the Local Authority an amount in cash of € or such lesser amount as may be due to the Local Authority at such date.

IN WITNESS WHEREOF the Developer has hereunto affixed its Common Seal and the Surety has caused this instrument of writing to be signed by its Secretary or Acting Secretary and one of its Directors and its Corporate Seal to be hereunto affixed the day and year first above written.

CORPORATE SEAL of (Developers) was hereunto affixed in the presence of:-

DIRECTOR

SECRETARY

14 Document Pack Page 18

Dated this day of 2011

CORPORATE SEAL of (Surety) was hereunto affixed in the presence of:-

DIRECTOR

SECRETARY

Dated this day of 2011”.

C/688/11 Litter Fines

Question: Councillor C. Smyth “To ask the Manager to list the locations of the litter fines issued for general littering incidents to date in 2011?”

Reply: “The following are the litter fines issued to date in 2011 by electoral area

Ballybrack - 30 Blackrock - 16 Dún Laoghaire - 119 Dundrum - 45 Glencullen - 8 Stillorgan - 32”

C/689/11 After Hours Service

Question: Councillor C. Smyth “To ask the Manager to report on the review of the after hours service?”

Reply: “After hour services are currently under review and the findings will be made available to Councillors in due course.”

C/690/11 Parking Bye Laws

Question: Councillor C. Smyth “To ask the Manager do the current Parking Bye Laws restrict regular vehicles parking in electric charge point parking bays?”

Reply: "There is no restriction in relation to regular vehicles parking at electric charge points. In order to have this restriction put in place the existing Parking Control Bye-Laws 2007- 2011 would have to be amended."

C/691/11 Education And Training For Councillors in accordance with Section 142 (5) of the Local Government Act 2001

15 Document Pack Page 19 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED :

“(a) Time Management, Media & IT Skills Conference, Celtic Ross Hotel Hotel, Rosscarbery, West Cork; 8 th – 10 th July 2011 (b) Elected Member’s Training Seminar: A Briefing for Local Authority Members, Current issues in Education, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 25 th – 27 th July 2011 (c) Elected Member’s Training Seminar: Local Government Health & Safety, Risk Assessment and Insurance, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 29 th – 31 st July 2011 (d) Elected Member’s Training Seminar: The Effect on Local Government of Employment Equality Legislation, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 18 th – 19 th July 2011 (e) Irish Regions in the Smart Economy, Renehan Hall, NUI Maynooth; 12 th September 2011 (f) IPA – Governance Forum Briefing for Directors, Board Members & Senior Managers: Roles & Responsibilities of Board Members – What Board Members Need to Know, IPA, 57-61 Lansdowne Road, Dublin 4; 28 th June 2011 (g) Local Governance Training Seminar: ‘Effective Representations through Radio, TV, Press, Facebook, Twitter’, Silver Tassie Hotel, Letterkenny, Co. Donegal; 8 th – 10 th July 2011 (h) Councillors’ Training Seminar: Irish Language Course for Councillors, Seaview Hotel, Gweedore, Co. Donegal; 15 th – 17 th July 2011 (i) Councillors’ Training Seminar: The Councillor & The Local Government Environment Service, Hyland’s Hotel, Ballyvaughan, Co. Clare; 22 nd – 23 rd July 2011.”

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

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

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

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

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

C/692/11 Approval of Nominations in accordance with Section 142 (5) of the Local Government Act 2001

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

“Bioenergy 2011, Wood Energy, Securing Ireland’s Energy Future, EPA HQ Building, Johnstown Castle, Wexford, 16 th June 2011. Cllr Pat Hand Cllr Tony Fox

Time Management, Media & IT Skills, Celtic Ross Hotel, Rosscarbery, West Cork, 8 th – 10 th July 2011

16 Document Pack Page 20 Cllr Victor Boyhan

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

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

It was proposed by Councillor L. McCarthy, seconded by Councillor G. O’Keeffe and RESOLVED :

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

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

C/693/11 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

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

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

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Act 2000 as amended, the Council acquired the leasehold interest in sixty-three units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin, comprising twenty x one bedroom and forty three x two bedroom apartments, from Borg Developments and Cosgrave Developments. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers.

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

17 Document Pack Page 21 In order to comply with the requirements of Section 183 of the Local Government Act 2001, the consent of the Council is required for these disposals. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of three housing units at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

21 st June 2011 Signed: Charles Mac Namara Director of Housing”

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

“That the Council agree that the disposal of three housing units at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

C/694/11 Local Government Act 2001 - Section 19 (3) (a): Casual Vacancy Resulting from the resignation of Aidan Culhane, Labour Party

It was AGREED to DEFER this item to the September meeting of the County Council.

C/695/11 Appointment of 1 member to the Housing Strategic Policy Committee

It was AGREED to DEFER this item to the September meeting of the County Council.

C/696/11 Appointment of 1 member to the Planning Strategic Policy Committee

It was AGREED to DEFER this item to the September meeting ogf the County Council.

C/697/11 Election of Chairperson For the Planning Strategic Policy Committee

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

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

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

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

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

18 Document Pack Page 22

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

It is necessary to elect a Chairperson for the Planning Strategic Policy Committee following the resignation of Aidan Culhane from the Council on 13 th June 2011, who was Chairperson of this Committee . The existing Councillor membership of the Planning Strategic Policy Committee is as follows:

John Bailey Melisa Halpin Jim O'Dea Maria Bailey Tom Joyce Patricia Stewart Niamh Bhreathnach Lettie McCarthy Vacant Victor Boyhan Tom Murphy

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

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

“That Councillor N. Bhreathnach be appointed as Chairperson of the Planning Strategic Policy Committee.”

C/698/11 Appointment of 1 Member to the Southern and Eastern Regional Assembly

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

“The Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 provides for the establishment of two new regional authorities, to be known as the Border, Midland and Western Regional Assembly and the Southern and Eastern Regional Assembly respectively.

Article 5 of the Order provides for the appointment of the members of the regional assemblies. Members of the regional assemblies are to be appointed by their constituent county/city local authorities. The number of members which this local authority is entitled to appoint is two. Each member appointed will hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates) until the day after the next appointment of Members at the next Annual Meeting of the County Council following local elections.

Those eligible for appointment to a regional assembly by a city/county council are:

(a) members of the Council who have already been appointed to be members of the relevant regional authority and (b) members of the Council who are members of the relevant regional authority by virtue of his/her membership of the EU Committee of the Regions.

For the purpose of appointing members of the Council to the assembly, a regional assembly shall be deemed to be a body mentioned in Subsection (2) of Section 27 of the Local Government (Reorganisation) Act, 1985 and the Council may form groups in accordance with the rules established under Section 27.

19 Document Pack Page 23 At the Annual meeting of the County Council on 19 th June 2009 Councillors Aidan Culhane and Barry Ward where nominated to the Southern and Eastern Regional Assembly.

A vacancy has arisen on the Southern and Eastern Regional Assembly due to the resignation of Aidan Culhane on the 13 th June 2011.

Nominations are now sought to fill this vacancy.”

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

“That Councillor L. McCarthy be appointed to the Southern and Eastern Regional Assembly.”

C/699/11 Appointment of 1 Member to the Dublin Regional Authority

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

“The Local Authority Act, 1991 (Regional Authorities) (Establishment) Order 1993 provides that five members of this Council, are to be appointed as Members of the Dublin Regional Authority.

Article 7 of the Order provides that each member appointed will hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under article 10) until the day after the next appointment of Members of the Authority at the next Annual Meeting of the County Council following local elections.

Under Articles 5(4) of the order for the purpose of electing Members of the Council to the Authority, the Council Members may form groups in accordance with the rules established by Schedule 10 of the Local Government Act, 2001.

At the Annual meeting of the County Council on 19 th June 2009 Councillors Aidan Culhane, Barry Saul, Stephen Fitzpatrick, Neale Richmond & Gerry Horkan where nominated to Dublin Regional Authority.

A vacancy has arisen on the Dublin Regional Authority due to the resignation of Aidan Culhane on the 13 th June 2011.

Nominations are now sought to fill this vacancy.”

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

“That Councillor L. McCarthy be appointed to Dublin Regional Authority.”

C/700/11 Appointment of 1 Member to the Local Authority Members Committee on Strategic Planning Guidelines for the Greater Dublin Area

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

20 Document Pack Page 24 “The Department of the Environment by letter dated 12th May, 1997 requested two nominations from the Council to the Local Regional Authority Committee on Strategic Planning Guidelines for the Greater Dublin Area. Each member appointed will hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates) until the day after the next appointment of Members at the next Annual Meeting of the County Council following local elections.

For the purpose of electing members of the Council to the Committee, the Council members may form groups in accordance with the Rules established by Schedule 10 of the Local Government Act, 2001.

At the Annual meeting of the County Council on 19 th June 2009 Councillors Aidan Culhane & Tom Joyce where nominated to Local Authority Members Committee on Strategic Planning Guidelines for the Greater Dublin Area.

A vacancy has arisen on the Local Authority Members Committee on Strategic Planning Guidelines for the Greater Dublin Area due to the resignation of Aidan Culhane on the 13 th June 2011.

Nominations are now sought to fill this vacancy.”

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

“That Councillor N. Bhreathnach be appointed to the Local Authority Members Committee on Strategic Planning Guidelines for the Greater Dublin Area.”

C/701/11 Appointment of 1 Member to Dún Laoghaire-Rathdown County Enterprise Board

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

“The Council at its Annual Meeting on 19 June, 2009 nominated four of its Members to Venturepoint.

Each member appointed will hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates) for 3 years.

A vacancy has arisen on Venturepoint: Dún Laoghaire-Rathdown County Enterprise Board due to the resignation of Aidan Culhane on the 13 th June 2011.

Nominations are now sought to fill this vacancy.”

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

“That Councillor L. McCarthy be appointed to Dún Laoghaire-Rathdown County Enterprise Board.”

C/702/11 Amendment of Allocation Scheme in Accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011)

21 Document Pack Page 25 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED :

“At the meeting of the County Council held on 13 th June 2011, the Council considered a draft Allocations Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) and at the meeting the Allocations Scheme was ADOPTED .

During the course of discussions at the meeting, the following two motions to amend the draft Allocations Scheme were proposed and seconded:

It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, J. Dillon Byrne and S. Fitzpatrick:

“Amend part 1(f) to include the following words after circumstances “including undue hardship”.”

It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, S. Fitzpatrick and J. Dillon Byrne:

“Amend part 2 as follows: delete the word “may” and replace with the word “shall” in the last paragraph.”

It was AGREED at the meeting on 13 th June 2011 that the two motions proposed at the meeting to amend the draft Scheme be deferred to the July meeting of the Council for consideration. In the meantime, this would allow for a draft of the proposed amendments to issue to the Minister in accordance with Section 22 (15) of the Housing (Miscellaneous Provisions) Act 2009. The notification has issued to the Minister.

Accordingly, if the above motions are agreed, the resolution required to be passed by the Council for the amendment of the Scheme is as follows:

That the Allocations Scheme adopted in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) on 13 th June 2011 be AMENDED as follows to:

“Amend part 1(f) to include the following words after circumstances “including undue hardship”.”

“Amend part 2 as follows: delete the word “may” and replace with the word “shall” in the last paragraph.”

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

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

“That the Allocations Scheme adopted in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) on 13 th June 2011 be AMENDED as follows to:

“Amend part 1(f) to include the following words after circumstances “including undue hardship”.

22 Document Pack Page 26 “Amend part 2 as follows: delete the word “may” and replace with the word “shall” in the last paragraph.”

C/703/11 Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 - 2010, Planning and Development Acts, 2000 (as amended) and Section 138 of the Local Government Act, 2001

PC/02/11 – Brewery Road to Leopardstown Road: Proposed Pedestrian and Cycleway Scheme

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

“In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2010, the Council gave notice of the proposed development in the Irish Times on Friday 29 th April 2011. Plans and particulars of the proposed development were available for inspection from Friday 29 th April 2011 up to and including Friday 10 th June 2011, at the Planning Department, County Hall, Marine Road, Dún Laoghaire, between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum, between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Friday 24 th June 2011.

SITE LOCATION:

The site of the proposed pedestrian and cycle way is located within a section of the disused Harcourt Street railway reservation between Brewery Road and Leopardstown Road. The land surrounding the old railway line is largely urban, with residential developments and mature gardens. The site is mostly flat with some undulations from earth mounds that have been created as a result of the Brewery Road works and to exclude entry – respectively at the entrance onto Brewery Road and to the rear of no. 10 Leopardstown Lawn.

The southern boundary of the site is bounded by a tree line consisting of a variety of non-native species (these trees are mostly located outside of the site boundary), and the northern boundary is bounded by urban gardens and a sports field. The section of the railway line to the rear of Leopardstown Lawn is overgrown with the access onto Leopardstown Road blocked off by way of a high block wall. A recent clearing in this area allows access beyond the earth mound mentioned above.

Strategic trunk water mains and water drainage are located beneath the old railway corridor and run parallel to the rear boundaries of properties bounding it.

ZONING AND OTHER OBJECTIVES:

Under the Dún Laoghaire–Rathdown County Development Plan 2010 – 2016, the proposed route has three zonings. It is zoned: “A”, “to protect and/or improve residential amenity”, where it borders residential properties on Leopardstown Lawn, Leopardstown Court and Leopardstown Park, “F”, “to preserve and provide for open space with ancillary active recreational amenities”, where it borders the football playing fields on Leopardstown Park.

23 Document Pack Page 27 “E”, “to provide for economic development and employment” between Brewery Road and the Sandyford Luas station.

There is an objective to the south of the railway corridor to protect and preserve trees and woodlands.

The proposed route is included in the proposed Sandyford Urban Framework Plan as a six-year cycling and walking objective (TAM6) and as a Specific Local Objective (SLO 118).

SLO 118 states: “To provide for a pedestrian link and cycle way along the former Harcourt Street Railway line.”

NATURE AND DESCRIPTION OF THE SUBJECT PART 8 PROPOSED DEVELOPMENT:

The proposal consists of: 350m of combined pedestrian and cycle way and 50m of associated footpath links Toucan type signalised crossings catering for both pedestrians and cyclists on Leopardstown Road and Brewery Road and linking to the adjacent Brewery Road entrance of Sandyford Luas station Entry treatments on Brewery Road and on Leopardstown Road to the pedestrian and cycle way Landscaping, public lighting and signage.

SCHEME LAYOUT:

The two terminal points of the route will be the Sandyford Luas station as accessed from Brewery Road and the southern side of Leopardstown Road opposite its Leopardstown Avenue junction where a pedestrian/cyclist shared space will be installed linking to the present footpath and cycle track. Between terminals the majority of the route will be located within the corridor of the disused railway line. A widening of approximately 250m of the existing footpath access to the Luas station from Brewery Road for ease of cyclists is proposed as part of the scheme.

In order to access the old railway corridor from Brewery Road it will be necessary to provide a gap through a mound, being material left after the Brewery Road contract, which presently separates the old corridor from the road. Retaining walls will ensure that the mound is preserved to the greatest extent possible while maintaining the required cross section. The retaining wall to be constructed through the existing mound will be of a high quality finish and consideration will be given to random granite stone face finish to this wall.

The scheme will include Toucan Crossings (i.e. signalled controlled crossings accommodating both cyclists and pedestrians) to facilitate both cyclists and pedestrians crossing the road close to where the route emerges onto both the Brewery and Leopardstown Roads. For those not requiring to cross the road to the cycle paths on the far side, it will connect with the existing cycle paths along Brewery Road and Leopardstown Road. Shared space between pedestrians and cyclists will be provided adjacent to all crossings.

When not adjacent to either Brewery Road or Leopardstown Road the route will consist of a 4.0m pavement providing a combined pedestrian and cycle way and for drainage purposes will be graded towards the southwest side of the pavement. It will include approximately 5m of green verge on either side of the route.

24 Document Pack Page 28 The scheme provides for the installation of a low wall and railing at the Leopardstown Road end replacing the present block wall and a 6m wide entrance from Brewery Road through the mound. As a result it will be possible to view the footpath/cycle track from Leopardstown Road through to Brewery Road and vice versa. The entry points onto the disused railway reservation from both roads will be clearly signposted for those wishing to access the facility. The route will be lit by way of 5m high lighting columns placed at c.25m intervals (Following examination of the matter in conjunction with the Environmental consultant for the Part 8 the height of the lighting columns will be reduced from 6 metres to 5 metres so as to reduce impact on flying bats).

A path from Leopardstown Lawn linking in with the proposed pedestrian and cycle track will also form part of the scheme.

Landscaping Proposals With regard to the final landscape treatment of the site, provision will be made for the removal of briars and shrub layer either side of the path in the areas where houses back and side onto the cycle route, to afford appropriate views along the path and that appropriate tree planting and landscaping in the form of grass/herb layer will be carried out in these areas. These works will include for boundary planting in the form of climbers and native hedge species along existing boundary walls along the route and the planting of trees either side of the pedestrian and cycle track, at 10m spacing. Species such as Oak will be considered given their high biodiversity value.

In linking the scheme to the Luas station provision will be made for appropriate replacement planting along the section of path proposed for widening.

Cycle Parking Cycle parking is presently available at the Sandyford Luas station south of the station. It is the intention that, subject to detailed discussion and agreement with the Railway Procurement Agency, that a further 20 bicycle parking bays with shelter facilities be placed in future close to the Luas station beside the present pedestrian access from Brewery Road.

REPORTS RECEIVED:

Water and Waste Services Department: No objection raised in a report dated 13/04/2011. Attention is drawn to the significant water pipelines under the proposed footpath/cycletrack and the need to ensure these are fully protected at all times.

Parks and Landscape Services Department: No objection raised in a report dated 11/05/2011.

Traffic Section: No objections raised in a report dated 19/04/2011, subject to agreement on detail design at a later stage.

National Road Authority (NRA): In correspondence dated 08/06/2011 the NRA stated that the Authority has no comment to make on the proposed development.

Department of the Arts, Heritage and the Gaeltacht: In correspondence dated 22/06/2011 the National Parks and Wildlife Service indicated that no bat derogation license is required.

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

25 Document Pack Page 29

Environmental Impacts: The proposed pedestrian and cycle way does not warrant the preparation of an Environmental Impact Statement, however, the Council decided to prepare an Environmental Impact Report (Flora and Fauna report) nonetheless. The proposed scheme was also screened for an Appropriate Assessment.

Both the above-mentioned reports formed part of the documents available for inspection as part of the public consultation process. No flora of conservation significance exists on the site. Various bat species were recorded. The species of greatest conservation interest recorded on the site is the Leisler’s bat. The site, however, is not considered a significant foraging site for the species given the extent of green space, mature gardens, parkland and reservoirs present in the vicinity. Also, the species was not found to roost in trees inside the boundaries of the route. The National Parks and Wildlife Service found no roosts during a survey and as such no foraging routes are protected.

Mitigation measures are recommended, mainly with respect to timing of clearance works and the design of the lighting regime for the proposed development to help prevent unnecessary negative impacts to local wildlife populations.

Based on the Habitats Directive Screening Assessment it is not anticipated that there will be a significant impact on the integrity of South Dublin Bay SAC, Sandymount Strand/Tolka Estuary SPA, Wicklow Mountains SAC and SPA Natura 2000 sites from the proposed development. Therefore it is not considered that a full Habitats Directive Appropriate Assessment Report is required.

Policy and Objectives: The objective of the proposed scheme is to form a direct link for cyclists and pedestrians between Brewery Road and Leopardstown Road and provide for increased connectivity between Whites Cross, Foxrock and on to Dundrum via Benildus Avenue.

The route: is identified in the Sandyford Land Use and Transportation Study (December 2006). is included in the Sandyford Urban Framework Plan (Proposed January 2011) as a six-year cycling and walking objective (TAM6) and as a Specific Local Objective (SLO118). compliments the Government policy document “Smarter Travel – A Sustainable Transport Future, A New Transport Policy for Ireland 2009-2020”. In particular action 17 promotes the use of former railway lines for the development of walking and cycling trails.

As well as enhancing local amenities the scheme fully reflects the aspirations of the National Cycle Policy Framework. It is Council policy (Policy T12: Cycling and Walking) to promote and encourage more healthy sustainable and environmentally friendly forms of transportation such as cycling and walking and to make the footway network accessible for all. Policy T12 confirms that new development will be required to maximise permeability and connectivity for cyclists and pedestrians to create direct attractive links to adjacent road and public transport networks in accordance with the National Urban Design Manual – A Best Practice Guide, 2009. “The Development Management process shall also ensure that existing cycle and pedestrian facilities will be enhanced and that good linkages will be provided between new and existing facilities and to public transport corridors to promote ‘bike and ride’ and ‘stride and ride’. Cycleways, footways and pedestrian only routes will be designed in accordance with best practice guidelines with special consideration given to anticipated cyclist/pedestrian volumes in the design of such facilities”.

26 Document Pack Page 30 Council Policy OSR7: Greenways Network (Development Plan 2010) states that it is Council policy to develop a comprehensive network of County greenways linking parks and public open spaces… Greenways are “shared-use routes for non-motorised… users for pleasure, recreation, tourism and daily journeys”.

The vision of Council’s Cycling Policy – Smarter Travel, Better Living, June 2010 is: “To cultivate a cycling culture, through the implementation of appropriate infrastructure and promotional measures, that positively encourages all members of the community to cycle at all life stages and abilities as a mode of sustainable transport that delivers environmental, health and economic benefits to both the individual and the community”.

The Cycling Policy contains the following Council policies: Policy CP1.1: “to ensure that the creation of a cycle-friendly environment will be a key element of all of the Council’s wider policies”. Policy CP1.3: “Undertake retro-fit projects within existing urban areas and developments, both residential and commercial, to create cycle-friendly permeable routes that are attractive to cyclists of all ages and abilities”.

The scheme represents a significant enhancement in both pedestrian and cycling infrastructure for the area and will resolve the current severance issues experienced by non-motorised users wishing to access the Sandyford area and the Luas. The proposed new route via the former Harcourt Street Railway line will provide greater pedestrian and cycle accessibility to these centres. It will also provide a more suitable alternative route for cyclists who currently use the Leopardstown roundabout where the access from Leopardstown and Brewery Road to Sandyford Business District by bicycle or on foot is extremely difficult.

The proposed development is, therefore, considered to be consistent with the proper planning and sustainable development of the area to which the development relates as it is in accordance with the policies set out in the County Development Plan.

PUBLIC INFORMATION EVENINGS:

Public information evenings, where the proposals were on display were held on Wednesday 18 th May 2011 and Thursday 19 th May 2011 at Council Offices, Dundrum Office Park, Main Street between 4pm and 8pm.

LIST OF PERSONS/BODIES WHO MADE SUBMISSIONS:

The closing date for receipt of submissions/observations was Friday 24th June 2011. Twenty one submissions, some by the same persons, were received within the stipulated time period (see Table A).

It is noted that the majority of submissions were received from residents on Leopardstown Lawn and Leopardstown Drive (residences in the vicinity of the eastern end of the proposed route).

Table A: list of persons/bodies who made submissions

No. Name Address 1. Andrew Dennison 6 Leopardstown Lawn, Blackrock, Co. Dublin 2. Andrew Dennison 6 Leopardstown Lawn, Blackrock, Co. Dublin 3. Andrew Dennison 6 Leopardstown Lawn, Blackrock, Co. Dublin 4. Terry & Brendan Daly “Annaghkeen”, Leopardstown Road, Foxrock, Dublin 18 5. Mary O’Shea 7 Leopardstown Lawn, Blackrock, Co. Dublin 6. Henry Blake Leopardstown & Brewery Road 91 Leopardstown Avenue, Blackrock, Co. Dublin Residents Association 7. Pat Maher, Chariman, Mt. Merrion F.C. 13 Mount Eagle Court, Leopardstown Heights, Dublin 1 8. Thomas C. Toner The Crossings, Leopardstown Road, Dublin 18

27 Document Pack Page 31 9. Joyce O’Sullivan 2 Leopardstown Lawn, Blackrock, Co. Dublin 10. Joe & Vera Lennon 4 Leopardstown Lawn, Blackrock, Dublin 18. 11. Dinagh Smyth, 8 Leopardstown Lawn, Blackrock, Co. Dublin 12. 8 Persons - 7 No. Households Residents of Leopardstown Drive, Blackrock, Co. Dublin 13. 18 Persons – 12 No. Households Residents of Leopardstown Lawn, Blackrock, Co. Dublin 14. Joe & Vera Lennon 4 Leopardstown Lawn, Blackrock, Dublin 18 15. Patrick & Noreen Browne 1 Leopardstown Lawn, Blackrock, Co. Dublin 16. Alan & Audrey Kiernan 5 Leopardstown Lawn, Blackrock, Co. Dublin 17. Jim Graham 10 Leopardstown Lawn, Blackrock, Co. Dublin 18. David King Transport Planning Manager, Railway Procurement Agency, Parkgate Street, Dublin 8 19. Cian Murnane, C/O Mr. Cian Murnane, 32 Glencairn Crescent, Lakelands FC Leopardstown, Dublin 18 20. Sarah Rock 11 Leopardstown Drive, Blackrock, Co. Dublin 21. Shane Ross, T.D. Dáil Éireann, Leinster House, Kildare Street, Dublin 2

SUMMARY OF THE SUBMISSIONS:

The main issues raised were: Safety and Security: Increase in access to estates is viewed as leading to a rise in crime levels. The residents have experienced some burglaries on their road. They fear that the new route would make it easier for burglars to enter and exit without fear of being observed or stopped as they do so. That the Gardai have confirmed to an objector that the opening of such a path leads to a significant increase in criminal activity for the houses in the near vicinity. The residents will be burdened with the expense of the wall or fence which inevitably will turn out to be necessary. The laneway will provide cover to burglars. Possible anti-social behaviour: Patrons at weekends behaving anti-socially while using the new pedestrian and cycle way from a local night club in order to reach the Sandyford Luas station. Given its secluded nature the path could end up as a focal point for anti-social activity and rubbish dumping. A dog fouling bin should be provided and its location should be agreed with residents. Rear boundary walls: Removal of overgrowth would expose properties to passer bys – security concerns and loss of privacy. For security reasons a new wall or security fence should be provided – height between c.2m – 3m. Consideration should have been given to planting a large mature hedge to screen houses and boundary walls. Impact on structural integrity of houses and rear boundary walls. Distance from the scheme: the 5m landscaping proposed on each side of the pedestrian/cycle track be reduced to 3m and a new boundary wall be erected back 4m from existing boundaries. Increase in noise from passers by. Light pollution from proposed lighting. Informal Park and Ride on residential streets will increase as a result of the scheme. Disruption, inconvenience and reduced quality of life during construction. Questioning need for the proposal: There are existing cycle paths on Brewery Road and Leopardstown Road. The facility will not be used at night. It would make more sense to continue the pedestrian and cycle way on the remaining part of the Harcourt Street line to Foxrock and Carrickmines than where presently proposed. Distance from the start of the proposed path at Leopardstown Road to the Luas stop at Central Park much shorter than the distance to the Sandyford Luas stop. The common good is not served by this scheme. Why not use the area to the front of Leopardstown Lawn as opposed to the rear. Lack of consultation with residents. Loss of natural wildlife corridor. Devaluation of property values. The warm up area of Mt Merrion FC adjacent to proposed pedestrian/cycle track should not be damaged during construction. Safety concerns for pedestrians and cyclists due to the proximity of the 7-a-side pitch of Lakelands FC to the proposed pedestrian/cycle track. The football club offers

28 Document Pack Page 32 a solution to relocate the small pitch to the other end of the sports ground. Consideration should be given to linking the pedestrian and cycle way with the clubhouse. The proposed scheme will affect major pipes located along the area of the proposed pathway (water, sewerage and electrical cables). The proposed scheme will overshadow community park space and reduce resident’s use of this amenity space Further disruption to the flow of traffic on Leopardstown Road and Brewery Road, which are already congested. Existing laneway providing access from Brewery Road to the Sandyford Luas stop should be improved (the turn inserted and briars and bushes provide a hiding spot for muggers).

In the event that the development proceeds, the following should be provided: Residents on both sides of corridor to be given additional land to distance themselves from the pedestrian and cycle way. High stone wall to be completed or metal razor wire fencing provided CCTV cameras. Park and Ride to be stopped. The V in the wall at the end of Leopardstown Lawn to be widened for improved access. All mature trees to be left. Compensation for works residents have done to secure their gardens. Utilities to be underground. Line be opened all the way through to Foxrock Village.

A submission was received from the Railway Procurement Agency in which it welcomes the proposed scheme. The RPA requests the Council to liase with it and Veolia Transport (Dublin) with regards to works to be carried out adjacent to the Luas Sandyford depot area.

Another submission in support of the scheme mentions the significant improvement in accessibility. A recommendation for improving the proposed scheme is to relocate the proposed Toucan crossing on Brewery Road to coincide with the desire line for pedestrians and cyclists crossing the road. If guard railing is to be used the negative visual impact should be considered.

The submissions (and the details pertinent to the respective submissions) are duly noted, and have been assessed accordingly.

MANAGER’S RESPONSE TO SUBMISSION ISSUES:

Safety, Security and Anti-Social Behaviour: It is an objective to make the proposed pedestrian and cycle way as a attractive route as possible, which in turn would increase its usage by the public and subsequent surveillance of the scheme. As such the principles of Crime Prevention Through Environmental Design (CPTED) were taken into consideration in the design of the scheme. In this regard the route is straight (there will be an unobstructed view from one end of the pedestrian and cycle way to the other), it is wide (c.17m), it will be well lit and devoid of potential hiding places and potential areas of loitering, and there is an element of perceived surveillance. It should also be noted that the railway corridor is completely exposed in the centre to the playing fields, and as s uch the pedestrian and cycle way is clearly both visually and physically apportioned into three short sections.

To elaborate on the above, note: Both main entrance points from Leopardstown and Brewery Roads will be designed to a high standard. The provision of a low wall and railing at the Leopardstown Road

29 Document Pack Page 33 entrance affords views from the road along the entire route. The lighting of the scheme will be a factor in counteracting any anti-social behaviour/security concerns as the route can be observed from Brewery Road, Leopardstown Road, and from residences on Leopardstown Park and Silver Pines. The site will be landscaped to afford appropriate views along the path and where necessary the crown of trees will be raised to give views along the route. These works will reduce locations where anti-social behaviour could occur. A 1.5m high fence is to be erected either side of the clubhouse for a distance of 4m (as indicated on the drawings). This would make the proposed route more attractive for usage by the public as it would reduce the perceived danger from persons hiding behind the clubhouse.

Boundary walls: The rear boundary walls of properties on Leopardstown Lawn mainly consist of a low block boundary wall (c.1.2m) with the majority of owners having added additional height by way of what appears to be mostly timber fencing. This is covered by planting when viewed from the railway corridor leaving none of these properties, with the exception of one (see below), visually exposed to the railway reservation (with the general height being c.2m). The exception to this is a small section in the boundary wall of Graifan (which is located on Leopardstown Road adjoining the entrance to the proposed cycleway off Leopardstown Road) where it appears a c.1m section of the timber fence has been removed. At this location only the low boundary wall remains, leaving a 1m ‘gap’ between the timber fencing and an outbuilding within the curtilage of Graifan. (It is noted that the owner of Graifan did not make a submission).

The boundary treatment of properties to the south of the proposed route (in the eastern section behind Leopardstown Lawn) consists of a combination of timber fencing, mesh and what appears to be hazel/bamboo screens secured with timber. These are of sufficient height to prevent access from the railway corridor. There is a level difference between these properties and the railway corridor.

In order to protect the existing boundaries, scrub and mature trees that presently afford the properties security, a temporary timber fence should be installed by the contractor 2.5m from the property boundary line. This should only be removed near construction completion to allow the landscaping of the 5m grass area designed to be placed on either side of the new pedestrian and cycle path. A detailed landscape plan will be implemented to mitigate the effects of the scheme as well as the exposure of the present rear boundaries of the properties adjacent to the disused railway line. Further to discussions with Parks and Landscape Services (24/06/2011) it was confirmed that mature native hedgerow species could be provided as infill planting where necessary at a height of 1m-1.5m. Where required a double row of planting could be provided.

A strategic trunk water mains servicing the Stillorgan reservoir and surface water drainage run parallel and in close proximity to the rear boundaries (both north and south of the corridor) of properties bordering the old railway line. It is therefore not possible to construct a wall at this location as requested by some. In addition, a new wall or security fence of between 2m and 3m in height and the setting back of this wall from existing boundaries would only serve to make the proposed route unattractive for use and as a result would increase security concerns. Firstly, reducing the width of the corridor would create a tunnel effect that would make the use of the new pedestrian and cycle way by the general public less attractive, and secondly, it would reduce passive surveillance, real and perceived, that is currently afforded from the first floors of the dwellings on Leopardstown Lawn. In addition a replacement wall could potentially undermine the retention of existing trees within and bounding the railway reservation.

30 Document Pack Page 34 In summary it is proposed to retain the existing boundary treatments and augment it where required by additional planting.

Light Pollution: It is noted that a number of submissions make reference to c.25m high light columns. This is incorrect, as the height proposed is 6m. Following examination of the matter in conjunction with the Environmental consultant for the Part 8, the height of the lighting columns will be reduced from 6 metres to 5 metres so as to reduce impact on flying bats. Flat glass will be used to remove upwards light spill above 90 degrees and louvres or other methods will be used to prevent light diffusing to the rear and into the tree line. The lanterns will be of a type that prevents overspill by providing unobtrusive lighting and these are now used successfully on some of the new road schemes in the County. The use of macadam for the pedestrian and cycle path will further assist the reduction of light by removing reflection, which would be the case for a concrete pavement. Therefore, these lanterns provide unobtrusive lighting that, although visible to adjacent property owners, will not light up their gardens as envisaged in their submissions.

It should be noted that public lighting columns, regardless of their location, are provided at a height that would prevent vandalism. This should not be read as an indication of anticipated vandalism along the proposed route, but standard practice.

Loss of wildlife corridor: The Flora and Fauna report submitted with the Part 8 deals with this issue in detail. It should be noted that the majority of trees in the vicinity of the corridor are located outside the site boundary and that the 4m pavement of the combined pedestrian and cycle way will be well set back from those trees. It is intended to retain existing trees within the corridor where possible. As mentioned above a temporary timber fence should be erected 2.5m from the existing boundaries to protect not only the existing boundaries, but also the vegetation and trees within the 2.5m corridor. In addition it is proposed to plant trees either side of the pedestrian/cycle track, at 10m spacing. Species such as Oak may be considered given their high biodiversity value.

It should also be noted that a section of the eastern section of the corridor contains Japanese knotweed, which is listed as one of Ireland’s ‘Most Unwanted’ species. Its removal is seen as a positive.

There will be a change from an enclosed overgrown disused railway reservation to a publicly accessible, well maintained and landscaped pedestrian and cycle way. Mitigation through the design and layout of the pedestrian and cycle way, the retention of the majority of mature trees, and the landscape proposals will have a significantly positive effect visually and biodiversity wise in the long term.

Noise Pollution: Having regard to the non-motorised nature of future users, together with the existing and proposed landscaping proposals, it is not considered that the proposals will give rise to any appreciable negative impact in respect of noise. In addition the increase in sound levels cannot be argued to be out of character with those expected within a residential area.

The construction phase of the scheme will be in the region of 4 months. Disturbances during the construction phase will be limited to localised sections of the works and suitably mitigated against with screening and traffic management measures.

Impact on structural integrity of houses and boundaries and services located below the proposed pedestrian and cycle way: The proposed scheme does not envisage any significant excavation works that would undermine the structural integrity of adjoining dwellings. The above-mentioned

31 Document Pack Page 35 temporary timber fence to be erected c.2.5m from the existing boundaries will ensure their protection during construction.

Council’s Water and Waste Department is aware of the significant water pipelines under the proposed pedestrian and cycle way and the need to ensure these are fully protected at all times.

Lack of Consultation: In addition to the statutory requirements, under Article 81 of the Planning and Development Regulations, 2001-2010, of giving notice of the proposed development in the form of site and newspaper notices, public information evenings, where the proposals were on display and council staff were present, were held on Wednesday 18th May 2011 and Thursday 19th May 2011 at Council Offices in Dundrum. Up to 2000 leaflets were also distributed in the area advising residents of the public information evenings.

This Part 8 process is the formal procedure for third parties to raise any specific issues relating to the scheme so that these could be appropriately considered by Council.

Park and Ride: At present, residential streets in the vicinity of the proposed scheme are being used for informal park and ride associated with the Sandyford Luas station. The extent of this informal parking was not assessed and it is not clear whether the proposed scheme would exacerbate this situation. The process of dealing with informal park and ride is dealt with by way of a separate process to Part 8.

Questioning need for the proposal: The benefits of the proposed scheme are clearly demonstrated by its fulfilment of various Council policy commitments. These are set out in detail above under ‘Policy and Objectives’. It is worth reiterating the following benefits of the proposed scheme:

It will promote and encourage more healthy, sustainable and environmentally friendly forms of transportation such as cycling and walking (Policy T12: Cycling and Walking); It will maximise permeability and connectivity for cyclists and pedestrians to create direct attractive links to adjacent road and public transport networks in accordance with the national Urban Design Manual – A Best Practice Guide, 2009; It will enhance existing cycle and pedestrian facilities and provides good linkages between new and existing facilities and to public transport corridors to promote ‘bike and ride’ and ‘stride and ride’.

Some third parties make reference to the extension of the pedestrian and cycle way along the remainder of the old Harcourt Railway line. As stated, it is Council policy (Policy OSR7: Greenways Network) to develop a comprehensive network of County greenways linking parks and public open spaces. The draft, preliminary countywide Greenways Strategy, proposals of which are outlined in the current Dún Laoghaire- Rathdown Draft Open Space Strategy (2011-2015), includes the proposed Leopardstown Greenway, which broadly follows the line of the old Harcourt Street Line.

The route of the proposed scheme will follow the disused railway line and will afford precedent to non-motorised traffic. Re-routing it to run to the front of properties on Leopardstown Lawn, as suggested, would reduce the benefit of the more direct route to the rear, would reduce the area where pedestrians and cyclists are removed from cars and make the route less attractive for use. It should be noted that the existing path from Leopardstown Lawn linking in with the proposed pedestrian and cycle track, also widening the existing ‘v’ in the wall, will also form part of the scheme as requested by one of the residents.

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In summary, the scheme represents a significant enhancement in both pedestrian and cycling infrastructure for the area and will resolve the current severance issues experienced by non-motorised users wishing to access the Sandyford area and the Luas. The proposed new route via the former Harcourt Street Railway will provide greater pedestrian and cycle accessibility to these centres. It will also provide a more suitable alternative route for cyclists who currently use the Leopardstown roundabout where the access from Leopardstown and Brewery Road to Sandyford Business District by bicycle or on foot is extremely difficult.

Further disruption to the flow of traffic on Leopardstown Road and Brewery Road: The scheme includes the upgrading of an existing crossing on Leopardstown Road and although the pedestrian crossing at Brewery Road might cause some minor traffic disruption, it will facilitate the increased use of bicycles on the road and the use of a sustainable form of transportation that should be taking precedence over motorised traffic.

The recommendation to relocate the proposed Toucan crossing on Brewery Road is noted. Although it is not possible to relocate the crossing to coincide with the desire line of pedestrians and cyclists, due to possible interference with the rear entrance into the Sandyford Luas depot, it is considered reasonable to relocate the crossing further south in closer proximity to the desire line.

Devaluation of property values: The majority of the railway reservation is zoned ‘residential’, specifically where it adjoins residential properties on Leopardstown Lawn, Leopardstown Court and Leopardstown Park. A pedestrian and cycle way is not considered to be out of character within an urban setting as this. The introduction of a well-planned and considered pedestrian and cycle way, maintained by Council, will be an amenity that will enhance the area.

Impact on playing fields: The scheme is located along the southern border of the playing fields and will not impact on any of the existing pitches. A request by Mt Merrion F.C. to link the pedestrian and cycle track with the clubhouse is considered reasonable having regard to the proximity between the clubhouse and the proposed route. A temporary fence should be erected between the sports field and the corridor with an access point to the clubhouse, not only to protect the warm up area but also in the interest of health and safety during the construction of the scheme.

The proposed pedestrian/cycle track will not interfere with the 7-a-side pitch of Lakelands Football Club. It is not considered reasonable to erect a permanent fence, as requested, having regard to the openness of the route at the location where it passes by the playing field, and the fact that a permanent fence would make the use of the route unattractive, as set out above under “Boundary walls”.

Miscellaneous: The request for a dog fouling bin is noted and is something that will be assessed upon completion of the scheme.

RECOMMENDATION:

The proposed development is considered to be in accordance with the provisions of the 2010-2016 Dún Laoghaire-Rathdown County Development Plan, and with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development in accordance with the drawings, which were on display and to any such minor and

33 Document Pack Page 37 immaterial alterations to the plans and particulars of the development subject to the following amendments:

1. The erection of a temporary 1.8m high timber fence set back 2.5m from existing residential properties, and a temporary fence separating the playing field from the proposed route with access provided to the clubhouse. Fencing shall only be removed near construction completion to allow for landscaping. 2. The proposed Toucan crossing on Brewery Road shall be relocated further south to more closely relate, where possible, to the desire line of pedestrians and cyclists using the proposed scheme. 3. The height of the light columns shall be reduced from 6m to 5m. 4. Infill planting adjacent to residential properties to include native hedging measuring between 1m and 1.5m, where appropriate. 5. Linking the clubhouse of Mt. Merrion FC with the pedestrian and cycle track.

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

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

The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the Brewery Road to Leopardstown Road proposed pedestrian and cycle way scheme in accordance with the drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development subject to the following amendment:

1. The erection of a temporary 1.8m high timber fence set back 2.5m from existing residential properties, and a temporary fence separating the playing field from the proposed route with access provided to the clubhouse. Fencing shall only be removed near construction completion to allow for landscaping. 2. The Toucan crossing on Brewery Road shall be relocated further south to more closely relate, where possible, to the desire line of pedestrians and cyclists using the proposed scheme. 3. The height of the light columns shall be reduced from 6m to 5m so as to reduce impact on flying bats. 4. Infill planting to include native hedging measuring between 1m and 1.5m, where appropriate. 5. Linking the clubhouse of Mt. Merrion FC with the pedestrian and cycle track.”

The following motion was handed up from the floor:

It was proposed by Councillor R. Humphreys and seconded by Councillor B. Saul:

“That a secure wall be put in place at the rear of Leopardstown Lawn.”

A discussion took place, during which Ms. K. Holohan, Deputy Manager and Mr. T. McHugh, Director of Transportation responded to Members queries. It was proposed by the Transportation Department and agreed by the Members of the Council that the Transportation Department in consultation with the residents would offer to leave a section of the temporary fencing referred to at Condition 1 in the Manager’s Report in place for a further period to allow the planting to mature.

Councillor R. Humphreys WITHDREW his motion.

34 Document Pack Page 38

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

Amended Resolution The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the Brewery Road to Leopardstown Road proposed pedestrian and cycle way scheme in accordance with the drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development subject to the following amendment:

1. The erection of a temporary 1.8m high timber fence set back 2.5m from existing residential properties, and a temporary fence separating the playing field from the proposed route with access provided to the clubhouse. Fencing shall only be removed near construction completion to allow for landscaping. 2. The Toucan crossing on Brewery Road shall be relocated further south to more closely relate, where possible, to the desire line of pedestrians and cyclists using the proposed scheme. 3. The height of the light columns shall be reduced from 6m to 5m so as to reduce impact on flying bats. 4. Infill planting to include native hedging measuring between 1m and 1.5m, where appropriate. 5. Linking the clubhouse of Mt. Merrion FC with the pedestrian and cycle track.”

The Transportation Department in consultation with the residents would offer to leave a section of the temporary fencing referred to at 1 above in place for a further period to allow the planting to mature.

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

35 Document Pack Page 39 Lewis, Hugh A Marren, Donal A McCarthy, Lettie A Murphy, Tom O’Callaghan, Denis A O’Dea, Jim A O’Keeffe, Gearóid A Richmond, Neale A Saul, Barry A Smyth, Carrie A Stewart, Patricia A Ward, Barry A Total: 25 1

An Cathaoirleach, Councillor J. Bailey declared the amended resolution CARRIED .

C/704/11 Higher Education Grants Scheme for 2011/2012 - Local Authorities (Higher Education Grants) Acts 1968 - 1992

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

“Principal changes to the Student Grant Scheme for students attending Higher Education Courses in 2011/12

The principal scheme changes relate to: 1. Grant eligibility, including classification as a dependent or independent student 2. Period of eligibility and progression 3. Provisions for repeat periods of funding 4. Grant eligibility, including classification as a dependent or independent student 5. Budget 2011 6. Rates of grant

1. Grant eligibility, including classification as a dependent or independent student Classification as a dependent or independent student is currently determined at the point of entry to each grant scheme. Under the single scheme, only a single point of re-classification is possible which is on progressing from further to higher education. The exceptions to this are the opportunity to re-classify following re- entry as a mature student after a break in studies and to re-classify as a second chance student after a five year break in study. Both of these provisions are being retained.

Otherwise, the purpose of the change is to remove the current anomalous provision where an opportunity is created to re-classify on moving from a higher education course at level 6 or 7 to a higher education course at Level 8 or above.

2 Period of eligibility and progression

36 Document Pack Page 40 Limits on the number of years for which undergraduate courses may be funded have been introduced and are outlined in paragraph 14(10)(b) of the Scheme The limits on the number of years for which postgraduate courses may be funded will now take into account previous attendance and attainment at postgraduate level, regardless of whether a student previously received a grant or not. Details are outlined in paragraph 14 (10) (c) of the Scheme. The progression route that attracts grant support at levels 8 to 10 has been clarified in Article 17 of the Scheme and is summarised as follows: Level 8 Honours Degree Level 8 Higher Diploma Level 9 Postgraduate Diploma Level 9 Masters Degree Level 10 Doctoral Degree

3 Provisions for repeat periods of funding The “pick-up” provision, which allows a student who did not complete an approved course to pick up grant support again once the period for which he/she has already received support has elapsed, currently only exists within the HEG and VEC schemes – different arrangements exist for the other schemes. The application of the “pick up” provision has now been standardised across the entire scheme, but on the basis that all periods of study completed, whether or not these were on approved courses in approved institutions, will be taken into account. The “ second chance ” option for re-entry, which allows those who have dropped out of a course without qualifying to return and restart their studies after five years, is also to be applied across all levels within the new single scheme without the requirement to return to a course at the same level, but subject to the principle of progression. The application of the two provisions in relation to “pick-up” and “ second chance ” across all levels of the scheme have facilitated the removal of the “change of mind ” provision (in the TLT Scheme for Level 6 and 7 courses) altogether from the new single scheme.

4. Other scheme changes: A number of other scheme changes have been introduced to facilitate convergence of the existing schemes, where current administrative practice is not reflected in the schemes or to clarify issues not adequately articulated in the schemes. These include: Providing for the appropriate awarding bodies to which grant applications should be submitted under the new scheme (Article 31 of the Scheme refers). In this regard, new applications will be made to local authorities in respect of attendance on an approved course in one of the following institutions in the 2011/12 academic year; a u niversity a prescribed educational institution in Ireland (for example a college of education) an approved undergraduate course in an approved educational institution in the EU an approved postgraduate course in an approved educational institution in Northern Ireland

If a student was previously in receipt of a student grant they should re- apply to the grant awarding authority who previously processed their student grant application. Providing for two classes of grant: a maintenance grant and a fee grant, the latter encompassing tuition fees, the student contribution charge and grants towards compulsory field trips Removal of the current specific Leaving Certificate academic and age requirements.

37 Document Pack Page 41 Retention of the existing range of approved institutions and courses for 2011/12, on the basis that these may be subject to review in the future. This is reflected in the regulations. Reflecting existing practice on increments in respect of additional family members attending recognised courses and on current income disregards in the new scheme

5. Budget 2011

Reckonable income limits In relation to the decisions announced in Budget 2011, a reduction of 4% was already applied to the rates of student grants and scholarships consistent with the percentage reduction in all Department of Social Protection (DSP) working-age payments. This reduction was implemented in respect of all grant-holders from January 2011. Since 2008, changes in the rates of student grant are considered as part of the annual Budget process each year and rates become effective on a financial, rather than an academic year basis.

Qualifying distance criterion for non-adjacent rate of grant A change in the qualifying distance criterion for entitlement to the higher non- adjacent rate of grant (distance from home to the higher education institution) from 15 miles (24 kilometres) to 45 kilometres announced in Budget 2011 will come into effect for all students from the start of the 2011/2012 academic year. Therefore, some continuing students may need to be re-assessed on this basis.

Removal of automatic entitlement of mature students to the higher non- adjacent rate In addition, the automatic eligibility of mature students to the higher non-adjacent rate of grant will be withdrawn for all students from the start of the 2011/2012 academic year, bringing the arrangements for mature students into line with all other students. Again, re-assessment of some continuing students may be necessary in this regard.

Student contribution References in the schemes to the student services charge has been replaced with the student contribution (€2,000).

Finally, an additional level of reckonable income limit will be introduced from September 2011 to cover the cost of 50% of the new student contribution charge for qualifying students, in recognition of the fact that this additional cost may place particular financial pressures on families where family income is marginally in excess of current eligibility levels. (See Schedule 1 Part A of the scheme).

6. Rates of grant The rates of grant effective from January 2011 are:

Standard rate of Grant Non-Adjacent Rate Adjacent Rate Full Maintenance €3,120 €1,250 Part Maintenance (75%) €2,340 €940 Part Maintenance (50%) €1,560 €625 Part Maintenance (25%) €780 €315

Special Rate of Grant Grant Standard Grant Top-up Total Grant Amount Non Adjacent Rate €3,120 €2,980 €6,100 Adjacent Rate €1,250 €1,195 €2,445

38 Document Pack Page 42 The Higher Education Grants Scheme for 2011/2012 - Local Authorities (Higher Education Grants) Acts 1968 - 1992 is attached.

The following resolution is required:

That the County Council hereby adopts the Higher Education Grants Scheme 2011 as the Dún Laoghaire-Rathdown County Council’s Higher Education Grants Scheme 2011 and that the final date for receipt of new applications is 30 November 2011.”

39 Document Pack Page 43 STATUTORY INSTRUMENTS.

S.I. No. of 2011

————————

STUDENT GRANT SCHEME 2011

(Prn. )

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S.I. No. of 2011

STUDENT GRANT SCHEME 2011

ARRANGEMENT OF SCHEME

Part 1

Preliminary and general

1. Citation. 2. Commencement and application.

3. Interpretation.

Part 2

Scheme of grants

4. Persons to whom the Scheme applies. 5. Awarding authority.

6. Classes of grant.

7. Maintenance grant.

8. Fee grant.

9. Tuition fee element of fee grant.

10. Student contribution element of fee grant.

11. Field trip element of fee grant.

12. Classes of applicant.

13. Eligibility exclusions.

14. Period of eligibility and progression.

15. Post leaving certificate courses — progression.

16. Undergraduate courses — progression.

17. Postgraduate courses — progression.

Part 3

Reckonable income

18. Reckonable income limits and eligible payments.

19. Reference period.

20. Person whose income is considered.

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21. Determination of reckonable income — general.

22. Determination of reckonable income — self-employment and farming, including rental and other income from land and property.

23. Determination of reckonable income — secondary income.

24. Treatment of losses.

Part 4

Award of grants

25. Offer and award of grant and transfer of status.

26. Rates and value — maintenance grant.

27. Rates and value — fee grant, tuition fee element.

28. Rates and value — fee grant, student contribution element.

29. Rates and value — fee grant, field trip element.

30. Review of eligibility during academic year.

Part 5

Application, provision of information and payment

31. Appropriate awarding authority.

32. Application time limits.

33. Applications generally.

34. Submission of information.

35. Payment of maintenance grants.

36. Payment of fee grants.

37. Overpayments.

Part 6

Appeals

38. Appeals to appeals officers.

39. Appeals to Appeals Board.

Schedule 1

Reckonable income limits for maintenance and fee grants for the 2011 /12 academic year.

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Schedule 2

Eligible payments for the special rate of maintenance grant for the 2011 /12 academic year.

Schedule 3

Rates of maintenance grant for the financial year 2011 .

Schedule 4

Maximum overall limits for a fee grant for the 2011 /12 academic year.

Schedule 5

Documentary evidence.

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S.I. No. of 2011

STUDENT GRANT SCHEME 2011

I, RUAIRI QUINN, Minister for Education and Skills, in exercise of the powers conferred on me by section 16 of the Student Support Act 2011 (No. 4 of 2011), with the consent of the Minister for Finance, hereby make the following scheme of grants:—

Part 1

Preliminary and general

Citation 1. This Scheme may be cited as the Student Grant Scheme 2011

Commencement and application 2. (1) This Scheme shall come into operation on 2011.

(2) This Scheme applies in relation to the provision of grants to students in the 2011/12 academic year, where such year begins on or after 1 September 2011, irrespective of whether anything done under this Scheme is done before, on or after 1 September 2011.

Interpretation 3. (1) In this Scheme—

“Accelerated Technician Programme” has the meaning assigned to it in Regu- lation 4( b)(viii) of the Regulations;

“Act” means the Student Support Act 2011 (No. 4 of 2011);

“appeals officer” means a person designated under section 20(1) of the Act;

“approved course” shall be construed in accordance with section 8 of the Act and Regulation 4 of the Regulations;

“approved institution” shall be construed in accordance with section 7 of the Act and Regulation 3 of the Regulations;

“awarding authority” means—

(a) a vocational education committee, or

(b) a local authority;

“dependent child” shall be construed in accordance with section 16(7) of the Act and article 18(8);

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“dependent student” means a class of applicant coming within the meaning of that term in accordance with article 12;

“EU rate of fee” means the fee determined and charged by an institution for a course to European Union, EEA and Swiss nationals, and related categories of student;

“field trip” means a trip which is compulsory and an integral part of a course, which is for fact-finding or research purposes, and without which the student cannot graduate or progress to the next year of the course;

“framework of qualifications” means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);

“Free Fees Schemes” includes the Free Fees Schemes and the Middle Level Technician Programme (M.L.T) and the Higher Technical and Business Skills Programme (H.T.B.S.) which provide for the Exchequer to meet the tuition fees of eligible students attending approved full-time undergraduate courses in approved institutions in the State who meet the criteria of those initiatives;

“independent student” means a class of applicant coming within the meaning of that term in accordance with article 12;

“Member State” means, where the context so admits, Member State of the European Union;

“Minister” means the Minister for Education and Skills;

“normal residence” shall be construed in accordance with article 7(2);

“postgraduate course” means a course leading to a major higher education and training award at Level 8 (Higher Diploma), Level 9 (Postgraduate Diploma, Masters Degree), Level 10 (Doctoral Degree) of the framework of qualifications or equivalent awards;

“post leaving certificate course” has the meaning given to it in Regulation 4( a) of the Regulations;

“prior scheme” means the Higher Education Grants (HEG) Scheme made pursuant to the Local Authorities (Higher Education Grants) Acts 1968 to 1992 or the schemes administered by a Vocational Education Committee, namely the Vocational Education Committees’ (VEC) Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees (TLT) and Maintenance Grants Scheme for Students attending Post Leaving Certificate (PLC) courses;

“recognised awarding body in the State” means—

(a) the Higher Education and Training Awards Council (HETAC);

(b) one of the universities in the State;

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(d) the Further Education and Training Awards Council (FETAC);

(e) one of the Institutes of Technology with delegated authority; or

(f) the Dublin Institute of Technology;

“Regulations” means the Student Support Regulations 2011 (S.I. No. 304 of 2011);

“relevant persons” include—

(a) dependent children,

(b) a dependent student’s parent( s), and

“student” shall be construed in accordance with section 14(1) of the Act and Regulation 5 of the Regulations;

“student contribution” means the charge payable by students who are deemed eligible for free tuition fees under the Free Fees Schemes. This contribution encompasses the student services charge and a contribution by students towards tuition costs;

“tuition student” has the meaning given to it by section 14(7) of the Act;

“undergraduate course” means a course leading to a major higher education and training award at Level 6 (Higher Certificate), Level 7 (Ordinary Bachelor Degree), Level 8 (Honours Bachelor Degree) of the framework of qualifications, or equivalent awards, other than a course known for the time being as a post leaving certificate course;

(2) A word or expression which is used in this Scheme and which is also used in the Act has, unless the context otherwise requires, the same meaning in this Scheme as it has in the Act.

(3) ( a) A reference in this Scheme to an article is to an article of this Scheme, unless it is indicated that reference to some other instrument is intended.

(b) A reference in this Scheme to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in this Scheme to a Schedule is to a Schedule to this Scheme, unless it is indicated that reference to some other instrument is intended.

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Part 2

Scheme of grants

Persons to whom the Scheme applies 4. (1) This Scheme applies to students or tuition students who wish to apply for a grant in respect of attendance on an approved course, in an approved institution, in the academic year 2011/12, other than a person attending a course who was, prior to the coming into operation of section 6 of the Act and this Scheme, awarded a grant to attend their current course under a prior scheme.

(2) An applicant who meets the definition of “student” or “tuition student” and who is attending an approved course in an approved institution shall be eligible to be considered for a grant subject to and in accordance with this Scheme.

(3) An applicant is a student or tuition student in connection with an approved course if, in assessing his or her application for a grant, the awarding authority determines that the person meets or will meet the definition of a “student” or “tuition student” as construed in accordance with section 14 of the Act and Regulation 5 of the Regulations.

(4) To be eligible for a grant in the academic year under this Scheme, a person who meets the definition of student or tuition student who is pursuing an approved course in an approved institution must fulfil the specific eligibility conditions of this Scheme contained in articles 13 to 17 and must have a reckonable income within the limits and other requirements set out in articles 18 to 24.

Awarding authority 5. An applicant’s entitlement to a grant shall be assessed by the awarding authority deemed appropriate pursuant to article 31.

Classes of grant 6. For the purposes of this Scheme there shall be two classes of grant as follows—

(a) a maintenance grant; and

(b) a fee grant.

Maintenance grant 7. (1) A maintenance grant is a contribution towards the living costs of a student and is payable at—

(a) the standard rate, at either a full (100%) or part (75%, 50% or 25%) rate, depending on the level of reckonable income; or

(b) the special rate, depending on the level of reckonable income and other requirements;

Document Pack Page 51 9 and, in either case, at either adjacent or non-adjacent rates, depending on the distance between a student’s normal residence and the institution where the approved course takes place.

(2) For the purposes of this article, “normal residence” means a student’s usual place of residence. For a dependent student this will be the permanent or home address of the dependent student’s parents. In the case of an independent student, the normal residence will be the permanent or home address of the independent student.

(3) The awarding authority shall decide the rate applicable to a maintenance grant in each particular case, in accordance with article 26.

(4) A maintenance grant shall not be payable to a tuition student, as defined in section 14 of the Act.

Fee grant 8. (1) Subject to the terms of this article, an eligible student or an eligible tuition student can be considered for a fee grant.

(2) A fee grant shall be payable in respect of attendance on an approved course of higher education at an approved institution in the State (other than a course known for the time being as a post leaving certificate course).

(3) A grant for attendance at an approved postgraduate course in Northern Ireland listed in Schedule 3 to the Regulations may include a fee grant where it is awarded to a student, but not where it is awarded to a tuition student.

(4) A fee grant may consist of any of three elements: a tuition fee element, a student contribution element and a field trip element, payable up to a maximum overall limit specified in Schedule 4.

(5) Subject to the maximum overall limits, the tuition fee element and the student contribution element of a fee grant are payable at full (100%) or part (50%) rates.

(6) The awarding authority shall decide on the rate and value applicable in respect of the tuition fee element and the student contribution element and the amount, if any, payable in respect of the field trip element in each particular case, in accordance with articles 27, 28 and 29

(7) A student or tuition student in receipt of, or eligible for, full assistance towards the tuition fee element from any other source, including sponsorship or an award, shall not be eligible for a fee grant under the terms of this Scheme.

(8) A fee grant, or part thereof, shall be subject to a reduction where the student or tuition student receives, or is eligible for, assistance towards the tuition fee from any other source.

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(9) Where a fee grant is subject to a reduction pursuant to paragraph (8), the amount of the reduction shall be equal to the value of the assistance which the person has received or to which he or she is eligible.

Tuition fee element of fee grant 9. (1) A student or a tuition student who is eligible under the Free Fees Schemes for free tuition in respect of an approved undergraduate course is not eligible for the tuition fee element of a fee grant under this Scheme.

(2) Subject to article 8(2) and (3), a student or a tuition student, may be assessed for the tuition fee element where they are—

(a) pursuing an approved undergraduate course to which the Free Fees Schemes applies but where the student, or tuition student, is ineligible for free tuition fees under those schemes; or

(b) pursuing an approved undergraduate course which is not a course approved for the Free Fees Schemes; or

Student contribution element of fee grant 10. Where a student or a tuition student is pursuing a course approved for the Free Fees Schemes, and where that student has qualified for free tuition fees under those schemes, the awarding authority may award an eligible student or tuition student a full (100%) or part (50%) grant in respect of the student contribution charge in accordance with article 28.

Field trip element of fee grant 11. (1) Subject to article 8(2) and (3), where a student or a tuition student qualifies for a full (100%) fee grant, or would have qualified for a full fee grant but for the Free Fees Schemes, and is required to participate in a compulsory field trip, the awarding authority shall, as applicable, consider the student or tuition student for a grant in respect of eligible field trip expenditure, in accordance with article 29.

(2) The rate of the field trip element, if any, is dependent on whether the tuition fee cost, regardless of whether it is funded under this Scheme, and the student contribution element exceeds the maximum limits payable in respect of a fee grant.

(3) The expenditure which is eligible for consideration in respect of a field trip grant is the reasonably incurred, receipted cost of travel and accommodation, associated directly with the field trip.

Classes of applicant 12. (1) For the purposes of this Scheme there shall be two classes of applicant as follows—

(a) independent student; and

(b) dependent student.

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(2) An applicant’s class is defined at their first point of entry to an approved post leaving certificate course or an approved higher education course or at their point of re-entry to such an approved course and will continue to apply for the duration of their studies.

(3) In this scheme an “independent student” means a mature student who did not ordinarily reside with his or her parents, or either of them, from 1 October of the year before the first point of entry to an approved post leaving certificate course or an approved higher education course or re-entry to an approved course.

(4) “Mature student” means a student who on 1 January—

(a) in the year of entry for the first time to an approved post leaving certificate course;

(b) in the year of entry for the first time to an approved higher education course (other than a course known for the time being as a post leaving certificate course); or

(5) “Re-entry”, for the purposes of this Scheme, means a mature student entering an approved course following a break in studies of at least three years, having previously attended an approved course.

(6) A mature student pursuing an approved course following a break in studies of at least five years, in circumstances where the mature student previously attended, but did not successfully complete, a course and is returning in order to pursue an approved course in the relevant academic year, shall be known as a “second chance student”.

(7) “Dependent student” means every student other than an independent student, as provided for in this Scheme, who is eligible to be considered under this Scheme.

(8) An applicant for a grant shall be presumed by the awarding authority to be a dependent student until the contrary is established by the applicant to the satisfaction of the authority.

Eligibility exclusions 13. (1) A student or a tuition student is not eligible for a grant if he or she already holds a grant from an awarding authority.

(2) A student or tuition student is not eligible for a grant if he or she has been awarded or holds any grant, scholarship, prize, allowance, bursary or award of similar description made from public funds in the State, or equivalent from a Member State, a contracting state to the EEA Agreement or the Swiss Confed- eration, in respect of the approved course being attended.

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(3) The awards from public funds referred to in paragraph (2) do not include the following—

(a) awards such as scholarships, prizes or bursaries, made by the institution being attended;

(b) postgraduate research awards where the stipend portion of the award does not exceed a specified amount, which for the relevant academic year, is specified to be €16,000;

(d) Easter Week Scholarship Scheme;

(e) Donogh O’Malley Scholarship Scheme;

(f) All Ireland Scholarship Scheme; and

(g) Science Foundation Ireland/Dell Scholarship for Young Women in Engineering.

(4) A student or tuition student in receipt of any award mentioned in paragraph (3) which includes a provision for fees will not be eligible for a fee grant under this Scheme.

(5) A student is not eligible for a maintenance grant if he or she is in receipt of the Back to Education Allowance (BTEA) or Vocational Training Oppor- tunities Scheme (VTOS) allowance, except in the case of a student in receipt of the BTEA or VTOS allowance and the maintenance grant in 2009/10 who is progressing to an approved add-on course, as defined in the Regulations, at Level 8 of the framework of qualifications, without a break in studies.

(6) A student coming within the exception referred to in paragraph (5) may continue to hold either the BTEA or VTOS allowance in conjunction with the maintenance grant for the duration of the add-on course.

(7) Notwithstanding paragraph (5), a student or tuition student in receipt of the BTEA or VTOS allowance is eligible to apply for the fee grant elements, where he or she is pursuing a course in respect of which fee grants are payable.

Period of eligibility and progression 14. (1) A grant awarded under this Scheme shall be awarded only in respect of attendance at an approved course in an approved institution, and for the normal duration of such an approved course. A student or tuition student may not, at any one time, qualify for a grant for more than one approved course.

(2) Where a student is required as part of an approved undergraduate or postgraduate course to attend a higher education institution outside the State for a period of up to one year, a maintenance grant may continue to be paid

Document Pack Page 55 13 where the period abroad does not extend the normal duration of the approved course.

(3) Where a student is required to participate in an off-campus placement as an integral part of an approved undergraduate or postgraduate course, a maintenance grant may continue to be paid where the period of off-campus placement does not extend the normal duration of the approved course.

(4) Notwithstanding paragraph (3), a student participating in an Accelerated Technician Programme is not eligible to have their maintenance grant continued during the period of paid placement.

(5) A grant shall be paid to a student or tuition student, where he or she is in “progression”, within the meaning given to that term by section 2 of the Act, irrespective of whether he or she was paid a grant for previous attendance on a course and subject to the terms and conditions of this Scheme.

(6) Subject to paragraph (8), a grant may not be paid in respect of a repeat period of study on the same course.

(7) Subject to this paragraph, paragraphs (5) and (8), and the specific progression conditions in articles 15 to 17 a grant may not be paid in respect of a repeat period of study, on a different course. Notwithstanding this condition an applicant who, having previously pursued any course, but not completed it, wishes to pursue an approved course, shall be considered for funding in line with the following provisions—

(a) Having previously attended, but not completed, any post leaving certificate course or equivalent, an applicant shall—

(i) be required to complete an equivalent period of study on an approved post leaving certificate course before being eligible to be considered for a grant; or

(ii) be eligible to be considered for a grant to pursue an approved higher education course.

(b) Having previously attended, but not completed, any undergraduate course at Level 6 or 7 of the framework of qualifications, or equivalent, an applicant shall—

(i) be required to complete an equivalent period of study on an approved undergraduate course at Level 6 or 7 of the framework of qualifications before being eligible to be considered for a grant, or

(ii) be required to complete an equivalent period of study on an approved undergraduate course at Level 8 of the framework of qualifications before being eligible to be considered for a grant, or

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(iii) be eligible to be considered for a grant to pursue an approved post leaving certificate course where no more than one year was completed on an undergraduate course at Level 6 or 7 of the framework of qualifications, or

(iv) be required to complete an equivalent period of study on an approved post leaving certificate course where more than one year was completed on any undergraduate course at Level 6 or 7 of the framework of qualifications, or equivalent, before being eligible to be considered for a grant, or

(v) be eligible to be considered for a grant to pursue an approved postgraduate course.

(c) Having previously attended, but not completed, any undergraduate course at Level 8 of the framework of qualifications, or equivalent, an applicant will—

(i) be required to complete an equivalent period of study on an approved undergraduate course at Level 8 of the framework of qualifications before being eligible to be considered for a grant, or

(ii) be required to complete an equivalent period of study on an approved undergraduate course at Level 6 or 7 of the framework of qualifications before being eligible to be considered for a grant, or

(iii) be eligible to be considered for a grant to pursue an approved post leaving certificate course where no more than one year was completed on an undergraduate course at Level 8 of the framework of qualifications, or

(iv) be required to complete an equivalent period of study on an approved post leaving certificate course where more than one year was completed on any undergraduate course at Level 8 of the framework of qualifications, or equivalent, before being eligible to be considered for a grant, or

(v) be eligible to be considered for a grant to pursue an approved postgraduate course.

(d) Having previous attended, but not completed, any postgraduate course or equivalent, an applicant will—

(i) be required to complete an equivalent period of study on an approved postgraduate course before being eligible to be considered for a grant, or

(ii) be eligible to be considered for a grant to pursue an approved undergraduate course where no more than one year was completed on any postgraduate course, or

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(iii) be required to complete an equivalent period of study on an approved undergraduate course at Level 6, 7 or 8 of the framework of qualifications where more than one year was completed on any postgraduate course at Level 8, 9 or 10 of the framework of qualifications, or equivalent, before being eligible to be considered for a grant.

(iv) be eligible to be considered for a grant to pursue an approved post leaving certificate course where no more than one year has been completed on any postgraduate course, or

(v) be required to complete an equivalent period of study on an approved post leaving certificate course where more than one year was completed on any postgraduate course before being eligible to be considered for a grant.

(8) An awarding authority shall have discretion to waive the provisions at paragraphs (6) and (7) in exceptional circumstances, in line with guidelines drawn up by the Minister.

(9) Notwithstanding paragraphs (6), (7) and (8), a second chance student or second chance tuition student, in accordance with article 12(6), returning in order to pursue an approved course, may be considered eligible for a grant to pursue an approved course, including where this provides for a repeat period of study, subject to the rules of progression, as provided for in this Scheme and section 2 of the Act.

(10) The maximum periods in respect of which a grant may be payable are outlined below and are subject to the conditions set out in this Scheme for progression:

(a) Post leaving certificate courses:

— Grant aid shall be limited to a maximum of three years in total;

(b) Undergraduate courses:

— Grant aid shall be limited to a maximum of four years in total for courses at Level 6 and 7 of the framework of qualifications and, within that total, shall be subject to a maximum of—

(i) two years at Level 6;

(ii) three years at Level 7;

— Grant aid shall be limited to a maximum of four years in total for a course at Level 8 of the framework of qualifications, except for courses where the normal duration is more than four years

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— Grant aid for postgraduate study shall be limited to a maximum of four years in total.

— Account is taken of all previous attendance and attainment at postgraduate level when considering grant aid entitlement for postgraduate study, regardless of whether a person previously received a grant or not.

Post leaving certificate courses — progression 15. (1) Subject to the general conditions outlined in this Scheme and the maximum periods specified in article 14(10)( a), the specific progression conditions that apply to participation on a post-leaving certificate course are set out in this article.

(2) A student pursuing an approved post leaving certificate course is ineligible for a grant if he or she already holds a further education qualification at Level 5 or 6 of the framework of qualifications, or a third level qualification at or above Level 6 of the framework of qualifications, or equivalent qualifications.

(3) A grant shall not be paid to a student who already holds an undergraduate qualification or a postgraduate qualification and is pursuing a post leaving certificate course, irrespective of whether or not a grant was paid previously

(4) Notwithstanding paragraph (2), an applicant who already holds a further education qualification not higher than Level 5 of the framework of qualifications, or equivalent, and is now pursuing a course that offers progression, shall be eligible for a grant.

Undergraduate courses — progression 16. (1) Subject to the general conditions outlined in this Scheme, and the maximum periods specified in article 14(10)( b), the specific progression conditions that apply to participation at undergraduate level are set out in this article.

(2) A grant shall not be paid to an applicant who already holds a postgraduate qualification and is pursuing an undergraduate qualification, irrespective of whether or not a grant was paid previously.

(3) The progression conditions in respect of study at Level 6 of the framework of qualifications are as follows—

(a) a student or tuition student who is entering for the first time a course which leads to a higher education and training award, and who wishes to pursue an approved course at Level 6 of the framework of qualifications shall be eligible for a grant.

(b) a student or tuition student is ineligible if he or she already holds a higher education and training award at or above Level 6 of the framework of qualifications, or equivalent;

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(4) The progression conditions in respect of study at Level 7 of the framework of qualifications are as follows—

(a) A student or tuition student who is entering for the first time a course leading to a higher education and training award, and who wishes to pursue an approved course at Level 7 of the framework of qualifications, shall be eligible for a grant;

(b) A student or tuition student is ineligible if he or she already holds a third level qualification at or above Level 7 of the framework of qualifications, or equivalent;

(c) A student or tuition student who already holds a higher education and training award at Level 6 of the framework of qualifications or equivalent and is progressing to an approved course at Level 7 of the framework of qualifications shall be eligible for a grant in respect of year 2 and year 3 of an approved course at Level 7 of the framework of qualifications;

(d) A student or tuition student who completed part of a course at Level 6 of the framework of qualifications or equivalent and gains admission through exemption to the second or subsequent year of an approved course at Level 7 of the framework of qualifications shall be eligible for a grant;

(5) The progression conditions in respect of study at Level 8 of the framework of qualifications are as follows—

(a) a student or tuition student who is entering for the first time a course which leads to a higher education and training award and wishes to pursue an approved course at Level 8 of the framework of qualifications shall be eligible for a grant;

(b) a student or tuition student is ineligible if he or she already holds an undergraduate higher education and training award at or above Level 8 of the framework of qualifications, or equivalent;

(c) a student or tuition student who already holds a higher education and training award at Level 6 of the framework of qualifications or equivalent and is progressing to an approved course at Level 8 of the framework of qualifications shall be eligible for a grant;

(d) a student or tuition student who already holds a higher education and training award at Level 7 of the framework of qualifications or equivalent and is progressing to an approved course at Level 8 of the framework of qualifications shall be eligible for a grant;

(e) a student or tuition student who completed part of a course at Level 6 or 7 of the framework of qualifications or equivalent and gains admission through exemption to the second or subsequent year of an

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approved course at Level 8 of the framework of qualifications shall be eligible for a grant.

Postgraduate courses — progression 17. (1) Subject to the general conditions outlined in this Scheme, and the maximum periods specified in article 14(10)( c) the specific progression conditions that apply to participation at postgraduate level are set out in this article.

(2) The progression conditions in respect of postgraduate study at Level 8 of the framework of qualification are as follows—

(a) a student or tuition student who is entering for the first time a course at postgraduate level leading to a higher education and training award and wishes to pursue an approved postgraduate course at Level 8 of the framework of qualifications shall be eligible for a grant;

(b) a student or tuition student is ineligible for a grant if he or she already holds a postgraduate higher education and training award at or above, or equivalent to, Level 8 of the framework of qualifications;

(c) for the purposes of this Scheme, postgraduate qualifications at Level 8 of the framework of qualifications or equivalent are deemed to be progression from undergraduate qualifications at Level 8 of the framework of qualifications or equivalent.

(3) The progression conditions in respect of postgraduate study at Level 9 of the framework of qualifications are as follows—

(a) a student or tuition student who is entering for the first time a course at postgraduate level leading to a higher education and training award and wishes to pursue an approved postgraduate course at Level 9 of the framework of qualifications shall be eligible for a grant;

(b) a student or tuition student who holds a postgraduate qualification at Level 8 of the framework of qualifications or equivalent, and no higher, may progress to one of the following—

(i) a postgraduate diploma at Level 9 of the framework of qualifications,

(ii) a master’s degree at Level 9 of the framework of qualifications,

(iii) the Barrister-at-Law Degree at the Honorable Society of King’s Inns, or

(iv) the Professional Practice Course in the Law Society of Ireland;

(c) a student or tuition student is ineligible for a grant if he or she already holds a postgraduate higher education and training award at or above, or equivalent to, Level 9 of the framework of qualifications, unless he or she meets the conditions at subparagraph ( d);

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(d) a student or tuition student who already holds a postgraduate diploma at Level 9 of the framework of qualifications or equivalent and is pursuing one of the following, not having previously pursued a course at Level 10 of the framework of qualifications or equivalent, shall be eligible for a grant—

(i) a masters degree at Level 9 of the framework of qualifications,

(ii) the Barrister-at-Law Degree at the Honorable Society of King’s Inns, or

(iii) the Professional Practice Course in the Law Society of Ireland;

(e) a student or tuition student is ineligible for funding for the Barrister- at-Law Degree at the Honorable Society of King’s Inns or the Pro- fessional Practice Course in the Law Society of Ireland if he or she holds a masters degree at Level 9 of the framework of qualifications or equivalent, unless that masters degree is in law;

(4) The progression conditions in respect of postgraduate study at Level 10 of the framework of qualifications are as follows—

(a) a student or tuition student who is entering for the first time a course which leads to a higher education and training award and wishes to pursue an approved postgraduate course at Level 10 of the framework of qualifications or equivalent shall be eligible for a grant;

(b) a student or tuition student is ineligible for a grant if he or she already holds a postgraduate higher education and training award at Level 10 of the framework of qualifications, or equivalent;

(c) a student or tuition student may be eligible for a grant where he or she is progressing to a doctoral degree at Level 10 of the framework of qualifications from a postgraduate qualification at a level lower than Level 10 of the framework of qualifications or equivalent.

(5) Subject to progression, a student or tuition student who completed a one- year postgraduate course which has not led to the conferral of a qualification and gains admittance to the second year or subsequent year of an approved postgraduate course shall be eligible for a grant.

Part 3

Reckonable income

Reckonable income limits and eligible payments 18. (1) To be eligible for an award of a grant or any part thereof in respect of any academic year of an approved course, an applicant's reckonable income in the specified reference period shall not exceed the income limits specified on an annual basis by the Minister for each relevant academic year.

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(2) There shall be income limits in respect of—

Maintenance grants:

(a) the special rate of maintenance grant

(b) full (100%) and part (75%, 50% 25%) standard rates of maintenance grant

Fee grants:

(d) full (100%) and part (50%) grant in respect of student contribution element of a fee grant.

(3) The income limit for the field trip element of a fee grant shall be the limit for a full grant in respect of the tuition fee element of a fee grant.

(4) Different income limits in respect of paragraph (2)( b), ( c) and ( d) will apply in cases where the number of dependent children is—

(a) less than 4,

(b) 4-7, or

(5) The reckonable income limits in respect of paragraph 2( b), ( c) and ( d) may be increased by an additional increment where the applicant, plus one or more relevant persons, are attending an approved course for the purposes of this Scheme or a full-time course of at least one year’s duration in further or higher education and training in the State or any other Member State leading to a major award at Levels 5 to 10 of the framework of qualifications or to an equivalent qualification made by a recognised awarding body in the State or another Member State.

(6) The income limits for the specified reference period for the academic year are set out in Schedule 1.

(7) It is a condition of receiving a special rate of maintenance grant that an applicant’s reckonable income must include, on the specified date, one of the eligible payments as provided for in Schedule 2.

(8) The following date is prescribed as the relevant date for this Scheme as regards the definition of “dependent child” in section 16(7) of the Act: 1 October of the year prior to the year in which a student, in relation to whose application for a grant a dependent child is relevant, commences a year of study in any year on an approved course.

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Reference period 19. (1) The reference period within which reckonable income is determined for an academic year shall be 1 January to 31 December of the relevant calendar year specified in Schedule 1.

(2) If the business year differs from the reference period, the income shown in the business accounts for a year which ends between 1 January and 31 December of the relevant year will be considered.

Persons whose income is considered 20. (1) Where the applicant is a dependent student, the income of the applicant and his or her parents, as appropriate, shall be taken into account in calculating whether the limit( s) specified is exceeded.

(2) Where the dependent student’s parents are divorced or legally separated, or it is established to the satisfaction of the relevant awarding authority that they are separated, the reckonable income shall be that of the applicant and of the parent or parents with whom the applicant resides.

(3) Where it is established to the satisfaction of the relevant awarding authority that the dependent student—

(a) has no living parent, or

(b) is irreconcilably estranged from both of his or her parents and neither of his or her parents furnishes financial support to him or her (to include unaccompanied minor refugees), a dependent student may be exempted from having parents’ income taken into account.

(4) Where an awarding authority is not satisfied that an applicant meets any of the conditions for being exempt from having their parents’ income taken account it will assess that applicant’s application for a grant taking into account parental income.

(5) Where the applicant is an independent student, the income of the applicant and his or her spouse, civil partner or cohabitant, as appropriate, shall be taken into account in calculating whether the limit specified is exceeded.

Determination of reckonable income — general 21. (1) Reckonable income shall be determined by the relevant awarding authority on the basis of information supplied in the application form and other relevant information and documentary evidence supplied, in accordance with article 34 and Schedule 5. Where there is income in a currency other than euro, the euro equivalent of the gross amounts must be provided.

(2) If the applicant is unsure whether an income, gain or benefit should be included in the calculation of reckonable income, the details including the amounts should be provided when completing the application form.

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(3) In calculating reckonable income, the awarding authority shall consider income from all sources, whether it arises in the State or not, including income under the following headings—

(a) Income from employment (including benefit in kind and directorships)

(b) Social welfare payments

(d) Self-employment or farming

(e) Rental and other income from land and property

(f) Income from pensions other than the social welfare state pension

(g) Income from savings, deposit accounts and investments

(h) Income from maintenance arrangements

(i) Lump sum payments from retirement and redundancy

(j) Income from the disposal of assets or rights

(k) Gifts and inheritances

(l) Income from other sources not mentioned above

(4) The following payments, known for the purposes of this Scheme as “income disregards”, are not included in calculating reckonable income—

• Child Benefit

• Family Income Supplement

• Disability Allowance (where paid to the applicant)

• Blind Pension (where paid to the applicant)

• One Parent Family Payments (Means Tested) (where paid to the applicant)

• Guardian’s Payment

• Foster Care Allowance

• Domiciliary Care Allowance

• Carer’s Allowance

• Student Assistance Fund

• Student grant

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• Compensation for a personal injury

(5) For the purposes of determining the reckonable income of an applicant, the aggregate of any of the following shall be deducted—

(a) in respect of income from employment, employment-related expenses as approved by the Revenue Commissioners, or equivalent;

(b) income from employment which represents holiday earnings outside of term time, subject to a maximum limit set out in Part B of Sched- ule 1;

(c) maintenance payments made under a legally enforceable arrangement to a separated spouse, as approved by the Revenue Commissioners;

(d) contributions to pension schemes and pension or retirement products, within the limits allowed by the Revenue Commissioners; and

(e) overtime payments earned in the reference period that are not recurring payments.

(6) “Income from maintenance arrangements”, for the purposes of paragraph (3)( h), includes money or money’s worth actually received as maintenance.

(7) In determining whether an applicant meets the reckonable income limit for the special rate of maintenance grant, a deduction may be made in respect of child dependent increase (C.D.I.) paid by the Department of Social Protection.

Determination of reckonable income — self-employment and farming, including rental and other income from land and property 22. (1) The following adjustments shall be made to the profit or loss shown by the accounts in the reference period in order to calculate reckonable income from self-employment and farming—

(a) add-back depreciation;

(b) add-back interest on borrowings which fund the fixed assets of the business or the personal expenditure of the proprietor;

(d) add-back remuneration in respect of—

(i) wages or payments made without applying the PAYE and PRSI regulations, or equivalent regulations;

(ii) wages or payments to dependent children; and

(iii) wages or payments to non-dependent children where the payment is above the norm for the work undertaken.

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(e) add-back for personal expenditure charged against the business income.

(2) The income tax adjustment for farm stock relief is disregarded in calculating reckonable income from farming.

(3) In calculating reckonable income from self-employment and farming—

(a) no allowance is made in respect of tax capital allowance or tax write downs; and

(b) no allowance is made for any deduction for capital expenditure, regardless of how it is treated for income tax purposes.

(4) In calculating reckonable income in respect of rental and other income from land and property, the adjustments set out in paragraph (1) are made to the profit or loss from land and properties as shown by the statement of rental income and no allowance is made in respect of the matters mentioned in paragraph (3)( a) and ( b).

Determination of reckonable income — secondary income 23. (1) Regarding investments, include savings certificates, life assurance bonds and other financial instruments where the interest or profit builds up and is paid out as a lump sum at the end of the investment period, the interest or profit is time apportioned.

(2) If any of the persons whose income is under consideration retired or was made redundant from employment or self-employment in the reference period and received a lump sum, a proportion of the lump sum is taken into account for calculating reckonable income

(3) If any of the persons whose income is under consideration received income from the disposal of assets or rights in the reference period, other than in the case of the exceptions listed in paragraph (4), only a proportion of the gain or loss is taken into account in calculating reckonable income.

(4) The exceptions referred to in paragraph (3) are—

(a) the disposal of a principal private residence except where the sale price reflects development value;

(b) in the case of an independent student—

(i) disposals between an applicant and his or her spouse, civil partner or cohabitant, and

(ii) disposals from an applicant or his or her spouse to their dependent children; and

(i) disposals between parent( s),

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(ii) disposals from parent( s) to an applicant, and

(iii) disposals from parent( s) to their dependent children.

(5) If any of the persons whose income is under consideration made a gain on the realisation of a life assurance policy or units in an investment fund in the reference period, only a proportion of the gain is taken into account in calculating reckonable income.

(6) If any of the persons whose income is under consideration received gifts or inheritances in the reference period, these are included in reckonable income, unless—

(a) in the case of an independent student, the gifts or inheritances were between the applicant and his or her spouse, civil partner or cohabitant; or

(b) in the case of a dependent student, the gifts or inheritances were between parents or to the applicant from his or her parent( s).

Treatment of losses 24. (1) Losses arising from a trade, other than a trade operated on a non- commercial basis, and losses arising from the disposal of an asset can be offset against all other sources of income in the reference period. However, losses carried forward from a previous year cannot be offset.

(2) Rental losses cannot be offset against other income in the reference period.

Part 4

Award of grants

Offer and award of grant and transfer of status 25. (1) Where an awarding authority makes a provisional offer of a grant to an applicant under this Scheme, the applicant shall confirm to the awarding authority the title of the course he or she proposes to follow within such period after notification of the provisional offer of a grant as the awarding authority may stipulate.

(2) Pursuant to section 18 of the Act, an awarding authority shall determine whether an applicant is eligible to receive a grant under this Scheme having regard to—

(a) information furnished by the applicant pursuant to that section of the Act,

(b) any other information in relation to the application, as appropriate, and

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(3) Where a student is offered a grant or where a student is awarded a grant under this Scheme, but does not pursue an approved course in the academic year, the offer or award shall be deemed to have lapsed.

(4) A grant is awarded for the normal duration of the approved course but is subject to renewal each academic year. Annual renewal will be based on compliance with the reckonable income limit of the relevant academic year and the student progressing from year to year within the course, having successfully completed the part of the course as required during the previous year. The student will also be required to have registered on and continue to attend the same course and to meet all other relevant provisions of this Scheme and schemes appropriate to each relevant academic year. Renewal is subject to the approval of the awarding authority each academic year.

(5) A student who, during the course of his or her studies, wishes to change course or faculty must obtain the prior approval of the awarding authority in order to ensure compliance with this Scheme or a future scheme.

(6) Where an eligible student transfers to another course, the awarding authority shall transfer the student’s status as an eligible student to that course where—

(a) it receives a request from the eligible student to do so, and

(b) it is satisfied that the terms of the relevant scheme continue to be met.

(7) A student who, having commenced an approved course, wishes to defer his or her grant during the course of his or her studies must obtain the prior approval of the awarding authority. Such student’s eligibility will be reassessed on recommencement of the course in order to ensure compliance with the relevant scheme.

Rates and value — maintenance grants 26. (1) The award of a maintenance grant shall be in accordance with the terms of this Scheme and the value of such grant shall be determined by the awarding authority having regard to the applicant’s reckonable income, whether the reckonable income includes an eligible payment for the special rate as specified in Schedule 2 and the income limits for each of the respective rates in Schedule 1.

(2) The value of the special and standard rates of maintenance grant in respect of an approved course shall be in accordance with the annual rates specified by the Minister. The rates specified for the financial year are set out in Schedule 3.

(3) In accordance with article 7, full and part standard maintenance grants, and the special rates of maintenance grant, shall be payable at either adjacent or non-adjacent rates. The awarding authority shall determine the rate applicable in respect of an eligible student as follows—

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(a) the adjacent rates of maintenance grant shall be payable in the case of students whose normal residence is 45 km or less from the approved institution which he or she is attending;

(b) the non-adjacent rate of maintenance grant shall be payable in all other cases.

(4) Where a student in receipt of a maintenance grant as part of their approved course is required, to participate in—

(a) compulsory off-campus placement, where the period concerned is not less than one academic term or semester, or

(b) compulsory study abroad for a period up to one year as an integral part of their course, they may have their grant entitlement paid in the normal manner in accordance with article 14(2) and (3). The rate of grant payable in respect of subparagraph (a) or ( b) will be determined by the awarding authority having regard to paragraph (3).

(5) If an approved course is run over a shorter academic year or an academic year is different from the standard academic year, a portion of the rate of grant will be awarded in line with guidelines issued by the Minister in respect of such courses, having regard to the number of weeks over which the course is run.

Rates and value — fee grant, tuition fee element 27. (1) The award of the tuition fee element of a fee grant shall be in accordance with the terms of this Scheme and the rate and value of such grant shall be determined by the awarding authority having regard to the applicant’s reckonable income and income limits, the EU rate of fee applicable to an approved course and the maximum limits applicable for each respective rate in Schedule 4.

(2) The value of the tuition fee element shall be determined in accordance with article 9 and shall conform to the income limits set out in Schedule 1.

(3) A full tuition fee element is payable for the EU rate of fee in respect of an undergraduate approved course provided in the State to which the Free Fees Schemes applies.

(4) A full tuition fee element in respect of the EU rate of fee up to but not exceeding the maximum fee limit prescribed in Schedule 4, is payable in respect of an undergraduate approved course provided in the State, but to which the Free Fees Schemes does not apply.

(5) A full tuition fee element in respect of the EU rate of fee up to, but not exceeding, the maximum fee limit prescribed in Schedule 4, is payable in respect of a postgraduate approved course provided in the State or Northern Ireland.

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(6) A part tuition fee element, not exceeding 50% of the EU rate of fee, is payable in respect of an undergraduate or postgraduate approved course provided in the State and covered under the Free Fees Schemes.

(7) A part tuition fee element in respect of 50% of the EU rate of fee, but not exceeding 50% of the maximum fee limit prescribed in Schedule 4, is payable in respect of an undergraduate approved course provided in the State but to which the Free Fees Schemes does not apply.

(8) A part tuition fee element in respect of 50% of the EU rate of fee, but not exceeding 50% of the maximum fee limit prescribed in Schedule 4, is payable in respect of a postgraduate approved course provided in the State or Northern Ireland.

Rates and value — fee grant, student contribution element 28. (1) The award of the student contribution element of a fee grant, in accordance with article 10, and the rate of such grant shall be determined by the awarding authority having regard to the reckonable income which shall conform to the income limits set out in Schedule 1.

(2) A full student contribution element (100%) may be paid, at the rate prescribed in Schedule 4, in respect of an applicant who qualified under the Free Fees Schemes subject to the terms of this Scheme.

(3) A part student contribution element (50%) may be paid, at the rate prescribed in Schedule 4, in respect of an applicant who qualified under the Free Fees Schemes subject to the terms of this Scheme.

Rates and value — fee grant, field trip element 29. The field trip element of a fee grant is payable, in accordance with article 11, subject to the maximum fee limits provided for in Schedule 4.

Review of eligibility during academic year 30. (1) The eligibility of a person to whom this Scheme applies for the award of a grant, or the level of the grant awarded, may be assessed or re-assessed by the awarding authority in the event of changes of circumstances in the academic year relating to the following—

(a) the applicant's reckonable income, within the meaning of articles 18 to 24, which is likely to obtain for the duration of the approved course or for the foreseeable future, including eligible payments for the special rate of maintenance grant, other than where that payment is jobseeker’s allowance or jobseeker’s benefit;

(b) the number of dependent children;

(c) where a relevant person commences an approved course for the purpose of this Scheme or a full-time course of at least one year’s duration in further or higher education and training in the State or any other Member State leading to a major award at Levels 5 to 10 of the

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framework of qualifications or to an equivalent qualification made by a recognised awarding body in the State or in another Member State.

(d) normal residence;

(e) nationality or immigration status;

(f) change of course or institution.

(2) If there is a fall in the income of any of the persons whose income is under consideration, between 1 January following the reference period and the end of the academic year, and the awarding authority is satisfied that the fall in income is likely to obtain for the duration of the approved course or for the foreseeable future, a review of the application may be applied for or, where a student grant application form was not completed for the academic year, an application can be made for a student grant under such change in circumstances.

(3) Where an awarding authority is satisfied that a change in circumstances has occurred within the meaning of paragraph (2) the application will be assessed based on current income.

(4) Where an adverse change in the reckonable income occurs, awards or adjustments in cases assessed under this article shall be made with effect from the month in which the change in circumstances occurs.

(5) The amount of the tuition fee element, the student contribution element and maintenance elements of the grant payable in respect of a month shall be one-ninth of the annual rate.

(6) If there is an increase in the income of any of the persons whose income is under consideration, between 1 January following the reference period and the end of the academic year, any grant awarded shall continue to be paid until the end of that academic year.

Part 5

Application, provision of information and payment

Appropriate awarding authority 31. (1) An applicant shall apply to an awarding authority for a grant.

(2) The awarding authority to which an applicant shall make an application shall be the appropriate awarding authority (a local authority or a vocational education committee) in the area in which the applicant normally resides in accordance with article 7(2).

(3) If, at the time of application, an applicant is ordinarily resident in another Member State, a state in the European Economic Area or Switzerland, such applicant shall make an application to the appropriate awarding authority in the area in which the institution he or she proposes to attend is situated.

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(4) An applicant shall make an application to the appropriate vocational education committee if they wish to attend, or will be attending, an approved course in one of the following institutions in the relevant academic year—

(a) an approved institution providing post leaving certificate courses and listed in Part D of Schedule 1 to the Regulations;

(b) an approved institution established under section 3 of the Regional Technologies Act 1992 as a regional technical college to which the Institutes of Technology Act 1992 to 2006 applies and which is listed in Part B of Schedule 1 to the Regulations; or

(5) An applicant shall make an application to the appropriate local authority if they wish to attend, or will be attending, an approved course in one of the following institutions in the relevant year—

(a) an approved institution to which section 4 of the Universities Act 1997 applies and which is listed in Part A of Schedule 1 to the Regulations;

(b) an approved institution that provides higher education and training in the State and is listed in Schedule 2 to the Regulations;

(c) an approved institution that provides higher education and training which is situated in a Member State other than the State and is maintained or assisted by recurrent grants from public funds of that or any other Member State including the State;

(6) Notwithstanding the provisions of paragraphs (4) and (5), an applicant who was awarded a grant under a prior scheme shall make an application to the awarding authority which granted the award if they wish to attend or will be attending an approved course in the relevant academic year.

(7) An awarding authority may transfer an application to another awarding authority as appropriate within the provisions of paragraphs (4), (5) and (6).

Application time limits 32. (1) Applications duly completed must be received by the awarding authority not later than 31 August 2011.

(2) The awarding authority may at its discretion accept an application which is not received on time but is received not later than one month before the end of the academic year to which the application relates.

Applications generally 33. (1) If at the time of application the applicant has not already been accepted onto a course the appropriate awarding authority to which an applicant shall make his or her application should be based on the applicant’s first choice course.

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(2) An applicant may not apply for or receive more than one grant at any one time.

(3) An applicant must apply for a grant in connection with each academic year of an approved course by completing and submitting to the awarding authority an application on the official application or renewal form, as appropriate, which must be accompanied by such documentary evidence as required in this Scheme and as the awarding authority may require.

(4) The awarding authority may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible student, whether he or she qualifies for a grant and the amount of a grant payable.

(5) An applicant shall furnish an awarding authority with the personal, family, financial and other information that the awarding authority may seek in relation to the applicant, the applicant’s spouse, civil partner or cohabitant, each parent of the applicant, and any dependent child, as appropriate, and shall produce evidence, in such form as is prescribed in this Scheme, and as may be required by the awarding authority, to verify the information, in order that the awarding authority may determine whether or not the applicant is eligible to receive a grant.

Submission of information 34. (1) An applicant shall furnish to the awarding authority the information specified in Schedule 5, and such other information as the awarding authority may request, and shall produce evidence in a form acceptable to the awarding authority to verify any such information, in order that the awarding authority may determine whether or not the applicant is eligible to receive a grant.

(2) An awarding authority may stipulate the period of time within which the information, further information or evidence shall be submitted or produced to it.

(3) Without prejudice to article 33(5), the following information shall be furnished to an awarding authority in relation to the applicant and, as appropriate, the applicant’s spouse, civil partner or cohabitant, each parent of the applicant, and any other dependent child, as appropriate, namely—

(a) personal public service number,

(b) date of birth,

(d) nationality, immigration status and residency,

(e) information in relation to any matters in this Scheme, and

(f) normal residence

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(4) In addition, the applicant shall furnish the following information to the awarding authority–

(a) whether he or she is a mature student, dependent student, independent student or tuition student;

(b) marital status;

(d) academic history;

(e) whether he or she is commencing his or her first year of study, is a student in progression or has previous attendance at further or higher education;

(f) the approved course that the applicant attends or intends to attend and in respect of which he or she is applying for a grant;

(g) the approved institution which is providing the course; and

(h) any funding, awards and financial assistance in relation to his or her course of study.

(5) The provisions in Schedule 5 in relation to the provision of information and evidence, which are not exhaustive, shall be complied with by applicants under this Scheme.

(6) A declaration on the application form shall be signed by the applicant and the applicant's parents or, in the case of an independent student, by the applicant and the applicant's spouse, civil partner or cohabitant, if applicable.

(7) It will be the responsibility of the applicant to ensure that the income details and other details sought are full and complete in every respect. If such details contain a deliberate material omission or inaccuracy, the applicant shall be liable to prosecution, loss of grant and repayment, with interest, of any portion of a grant already received in line with the provisions of sections 23 and 24 of the Act.

Payment of maintenance grants 35. (1) Payment of a maintenance grant shall be made by the awarding authority except in the case of an applicant attending an approved course at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case the payments are arranged through the relevant institution, or in the case of a post leaving certificate course, in which case the vocational education committee in the area in which the institution providing the course is situated shall make payments in respect of the applicant for the period of time as prescribed in this Scheme.

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(2) The awarding authority, or an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in the case of approved courses at Level 6 or 7 of the framework of qualifications in those institutions, or the paying vocational education committee in the case of post leaving certificate courses, shall pay maintenance grants in three or nine equal instalments, in line with the rates specified in Schedule 3.

(3) Payments of maintenance grants should be made in euro and are to be made in such manner as the Minister considers appropriate, either by cheque or by electronic funds transfer. The Minister may make it a condition of entitlement where payment is being made by electronic funds transfer that the eligible student must provide particulars of a bank, building society or credit union account in the State into which payments may be made by electronic transfer.

(4) Payments of maintenance grants made by payable order shall be addressed to the student, care of the Bursar’s or Principal’s office of the institution.

(5) An approved institution is required to verify to the awarding authority at agreed intervals that a person awarded a maintenance grant is enrolled or registered with the institution, in accordance with its rules, and is continuing to attend the course for which they have been approved for in that institution. The awarding authority must not pay the first or subsequent maintenance grant instalments, or, where it has been determined not to pay a maintenance grant, make any payment of maintenance, to the student before it has received such verification.

Payment of fee grants 36. (1) The tuition fee element of a fee grant payable under this Scheme shall be paid by the awarding authority, except in the case of applicants attending approved courses at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case payments shall be made by the Department of Education and Skills, to the approved institution, in line with the rate of fee awarded, upon receipt of—

(a) an appropriate invoice from the approved institution in respect of the applicable tuition fee, and

(b) confirmation of registration, as supplied by the approved institution.

(2) The student contribution element of a fee grant payable under this Scheme shall be paid by the awarding authority, except in the case of applicants attending approved courses at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case payments shall be made by the Department of Education and Skills, to the approved institution, in line with the student contribution rate awarded, upon receipt of—

(a) an appropriate invoice from the approved institution in respect of the applicable student contribution fee, and

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(b) confirmation of registration.

(3) The field trip element of a fee grant payable under this Scheme shall be paid by the awarding authority to the student or tuition student, in line with provisions in Schedule 4, upon receipt of the following documents—

(a) a field trip form—

(i) with the relevant sections completed, verified and stamped by the approved institution, and

(ii) with relevant sections completed and signed by the student or tuition student; and

(b) receipts for expenses being claimed.

Overpayments 37. Any overpayment made in respect of a grant awarded under this Scheme may be recovered by the paying awarding authority in accordance with section 24 of the Act.

Part 6

Appeals

Appeals to appeals officers 38. Where an applicant is aggrieved by a determination of an awarding authority under this Scheme he or she may, pursuant to section 20 of the Act, appeal against that determination to an appeals officer designated by the awarding authority under that section.

Appeals to Appeals Board 39. Where an applicant is aggrieved by a determination of an appeals officer under section 20(5) of the Act, he or she may, pursuant to section 21 of the Act, appeal against that determination to the Appeals Board.

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Schedule 1

Reckonable Income Limits for maintenance and fee grants for the 2011 /12 academic year

Part A

1. Reckonable income limits:

The period 1 January 2010 to 31 December 2010 is the reference period for the academic year 2011/12.

The income limits that apply to tuition students relate to the fee elements only. A tuition student does not qualify for any maintenance grant.

Income limits for Maintenance and Fee grants — Table A Maintenance: Maintenance: Maintenance: Maintenance: Maintenance: Maintenance: Maintenance:

Special 100% 75% 50% 25% Rate* Standard Standard Standard Standard Not payable Not payable Rate Rate Rate Rate

Fee elements: Fee elements: Fee elements: Fee elements: Fee elements: Fee elements: Fee elements: To 100% Tuition 100% Tuition 100% Tuition 100% Tuition 100% Tuition 50% Tuition Tuition Fees qualify Fees Fees Fees Fees Fees Fees Not payable for: 100% 100% 100% 100% 100% 100% 50% Student Student Student Student Student Student Student Contribution Contribution Contribution Contribution Contribution Contribution Contribution

Field Trip Field Trip Field Trip Field Trip Field Trip Field Trip — Field Trip — Not payable Not payable Number of dependent children:

Less than 4 €22,703 €41,110 €42,235 €44,720 €47,205 €51,380 €55,920

4 — 7 €22,703 €45,165 €46,415 €49,145 €51,880 €56,460 €61,440

8 or more €22,703 €49,045 €50,400 €53,360 €56,320 €61,295 €66,700

Additional increments that may be applied to the income limits in Table A for Maintenance & Fee Grants — Table B ** + increment for each additional €0 + €4,980 + €4,815 + €4,815 + €4,815 + €4,980 + €4,980 relevant person * To be eligible for the special rate of maintenance an applicant’s reckonable income on 31 December 2010 must include an eligible payment listed in Sched- ule 2

** Increments which may be applied to the relevant income limits:

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In the 2011/12 academic year, where the applicant plus one or more relevant persons are attending an approved course for the purposes of this Scheme or a full-time course of at least one year’s duration in further or higher education and training in the State or any other Member State leading to a major award at Levels 5 to 10, of the framework of qualifications or to an equivalent qualification made by a recognised awarding body in the State or in another Member State, the reckonable income limits for each of the rates of grant in Table A may be increased by an additional increment as identified in Table B.

Part B

Holiday Earnings:

An allowance of €3,809, in respect of income earned in the reference period but outside of the approved institution’s term time, is deductible from the applicant’s earnings.

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Schedule 2

Eligible payments for the special rate of maintenance grant for the 2011 /12 academic year

As at 31 December 2010, the reckonable income must include one of the eligible payments listed in this Schedule net of—

(a) income disregards (as set out in article 21(4) of this Scheme); and

(b) Child Dependant Increase (C.D.I.), where paid by the Department of Social Protection.

Social Assistance Payments

1. Blind Pension

2. Carer’s Allowance

3. One Parent Family Payment

4. Deserted Wife’s Allowance

5. Disability Allowance

6. Farm Assist

7. Jobseeker’s Allowance (where held for 391 days or more)*

8. State Pension (Non-Contributory)

9. Guardian’s Payment (Non-Contributory)

10. Pre-retirement allowance

11. Widow’s, Widower’s or Surviving Civil Partners (Non-Contributory) Pension

Social Insurance Payments

12. Carer’s Benefit

13. One Parent Family Payment

14. Deserted Wife’s Benefit

15. Invalidity pension

16. Incapacity Supplement

17. Occupational Injuries Death Benefit (Orphan’s pension)

18. Occupational Injuries Death Benefit (pension for a widow or widower)

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19. State Pension (Contributory)

20. Guardian’s Payment (Contributory)

21. Jobseeker’s Benefit (continuous for at least 12 months)*

22. Widow’s, Widower’s or Surviving Civil Partners (Contributory) Pension

23. State Pension (Transition)

Designated Programmes

24. Back to Education Allowance (Second Level and Third Level Options)

25. Back to Work Allowance (Employees)

26. Back to Work Enterprise Allowance

27. Community Employment Scheme

28. Rural Social Scheme

29. Tús Initiative

30. FÁS Training Programmes, including Apprenticeships

31. Part time job incentive scheme *

32. Vocational Training Opportunities Scheme (VTOS)

Others

33. Family Income Supplement (FIS)

34. In receipt of payments under the FIT (Fastrack to IT) initiative equivalent to a social welfare payment;

35. Participants on a training course approved by a Government Department, State Agency or Area Partnership and who were in receipt of an eligible payment prior to progressing to the programme;

36. Grant aided employees in Community Services Programmes (formerly social economy enterprises);

37. In receipt of payments under the Senior Traveller Training Centre programmes.

*Combine periods of Jobseeker’s Allowance and Jobseeker’s Benefit for purposes of meeting 391 days.

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Schedule 3

Rates of maintenance grant for the financial year 2011

Annual Rates

Non-Adjacent Rate Adjacent Rate Special rate of maintenance 6,100 2,445 Standard rate— 3,120 1,250 Full Maintenance (100%) Standard rate— 2,340 940 Part Maintenance (75%) Standard rate— 1,560 625 Part Maintenance (50%) Standard rate— 780 315 Part Maintenance (25%)

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Schedule 4

Maximum overall limits for a fee grant for the 2011 /12 academic year

Tuition Fee Element In respect of the following Maximum fee limit Full Maximum fee limit Part courses (100%) grant in respect of (50%) grant in respect of tuition fees tuition fees Approved undergraduate 100% of the EU rate of fee 50% of the EU rate of fee courses to which the Free Fees Schemes applies. Approved undergraduate €6,270 €3,135 courses provided in the State to which the Free Fees Schemes does not apply Approved postgraduate €6,270 €3,135 courses provided in the State or Northern Ireland.

Student Contribution Element Rate Full (100%) grant in respect of the student contribution charge €2,000 Part (50%) grant in respect of the student contribution charge €1,000

Field Trips Element [Calculation of value available towards compulsory costs] Maximum Fee Limit: 6,270 Less the tuition fee claimed - x,xxx A student or tuition student from the State by the who would have qualified for institution under the Free 100% tuition fee element of a Fees Schemes: fee grant but for the Free Fees Schemes and was Less Student Contribution: - 2,000 awarded a grant towards the student contribution charge. Equals maximum amount if y,yyy any available towards field trip element € Max Fee Limit Amount: 6,270 Student or tuition student Less EU rate of fee - x,xxx who qualifies for 100% applicable to the Tuition Fee element of a fee course/invoiced to the grant under the scheme of student: grants. Equals the maximum amount y,yyy if any available towards field trip element

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Schedule 5

Documentary evidence

Documentary evidence for the applicant Birth certificate Course Acceptance Form when the applicant has accepted a place on an approved course. Documentary evidence for an independent student Documentary evidence is required of residence from 1 October of the year preceding the first point of entry or re-entry to an approved course. Generally this would include: • utility bills, such as telephone, gas or electricity; • registration with the Private Residential Tenancies Board; • documentation received, for example, bank statement or correspondence from a government department. Documentary evidence for separation and divorce Evidence of separation or divorce and proof of living separately. This should include one or more of the following: • Separation agreement; • Divorce decree; • Decree of dissolution for a civil partnership; • Evidence from the Department of Social Protection that the applicant is currently in receipt of a payment for a one-parent family situation, such as: • One-parent family payment; • Deserted Wife’s Allowance. • Where there is no legal agreement, a letter from the applicant’s solicitor confirming separation and/or that legal proceedings are pending. • Evidence of living separately Documentary evidence for nationality The documentary evidence should include at least one or more of the following: • a long form Irish birth certificate if the applicant was born on the island of Ireland before 1 January 2005; • a certified 1 copy of the applicant’s passport; • a national identity card issued by an EU Member State; • a certificate of naturalisation together with a certified copy of the applicant’s passport or other official documentation; • a foreign births registration certificate together with a certified copy of the applicant’s passport. Documentary evidence for current immigration status • Department of Justice and Equality letters issued to the applicant confirming details of the applicant’s immigration status in the State and/or • Department of Justice and Equality letters issued to the applicant’s family member where the applicant’s immigration status is dependent on the family member’s immigration status in the State; • current Garda National Immigration Bureau (GNIB) Certificate of Registration cards; • certified copy of your passport. Documentary evidence for residency for 3 out of the last 5 years This may be one or more of the following: • evidence that the applicant sat the Junior Certificate and Leaving Certificate exams in Ireland, or equivalent school exams in the EU, EEA or Switzerland; • a letter from a school principal in Ireland, the EU, EEA or Switzerland confirming the applicant’s attendance at a school; • social welfare statements or equivalents from the EU, EEA or Switzerland; • utility bills; • registration with the Private Residential Tenancies Board (PRTB), or equivalent from the EU, EEA or Switzerland; • if the applicant is a non-EEA national, a letter from the Department of Justice and Equality confirming the period of lawful presence in Ireland. Periods of unlawful presence cannot be considered.

1This is a document which has been stamped and signed as being a true copy of the original by a member of the Garda Síochána or a Commissioner of Oaths. The person certifying the copy must provide his or her name, address and telephone number.

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Documentary evidence for previous courses attended • a letter from a college or institution confirming attendance and/or • a copy of the award received if the applicant completed a course. If the applicant holds a qualification from outside of Ireland, they must have the National Qualifications Authority of Ireland confirm the qualification to the nearest comparable level in Ireland. Documentary evidence for other student financial assistance If the applicant has applied for or been offered student financial assistance or student funding from another awarding or funding body for the 2011/12 academic year, a letter from that awarding or funding body which has the following information must be submitted: • the name of the awarding or funding body, and • a breakdown of the full amount in euro to be awarded, for example, for maintenance, fees and so on. Documentary evidence for legal guardian • Legal court papers Documentary evidence for the applicant’s parents or the spouse, civil partner or cohabitant of an independent mature student. Documentary evidence for separation and divorce Evidence of separation or divorce and proof of living separately. This should include one or more of the following: • Separation agreement; • Divorce decree; • Decree of dissolution for a civil partnership • Evidence from the Department of Social Protection that the relevant person is currently in receipt of a payment for a one —parent family situation, such as: • One-parent family payment • Deserted Wife’s Allowance • Where there is no legal agreement, a letter from the relevant person’s solicitor confirming that separation and/or that legal proceedings are pending. • Evidence of living separately Documentary evidence for dependent children • Letter from a GP or relevant medical body where a dependent child is 16 years or over and is medically certified as permanently unfit for work.

Additional information that may be requested: • A letter from the school or institution confirming school attendance in 2010/11. • A birth certificate for each dependent child. Documentary evidence where the applicant plus one or more relevant persons are attending a full-time course as specified in article 18(5) • If the applicant plus one or more relevant persons which includes dependent children, the dependent students parent, or independent student’s spouse, civil partner or cohabitant are attending a full-time course as specified in article 18(5) a letter from the college or institution confirming that the student(s) will be attending full-time in the 2011/12 academic year. Documentary evidence for reckonable income Documentary evidence for income from employment: • P60 for each employment held at the end of the 2010 tax year and which is issued by employer(s); • P21 PAYE Balancing Statement for 2010 which the relevant person can get online at www.revenue.ie or by contacting their local Revenue office; • P45 if the relevant person ceased employment in 2010; • Payslips for the applicant’s earnings from holiday employment outside of term time in 2010; • Income earned in a previous tax year: • a letter from the employer stating the amount earned in 2009 which was paid in the 2010 and was included in the P60/P45 for 2010. The letter must also state any amount earned in 2010 which was not paid in 2010 but was carried over to be paid in 2011. • Non-recurring overtime payments: • a letter from the employer stating the overtime will not recur in the current tax year. It will also be necessary to provide a P60 for both the 2010 and 2009 tax years. Where overtime has been disregarded as reckonable income, all such cases will be re- assessed in the following academic year. • Foreign income: • Documentary evidence for the reference period, 1 January 2010 to 31 December 2010.

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Documentary evidence for social welfare payments: • a statement from the Department of Social Protection which has the following information: • the name of the person getting the payment, • the type of payment, • the amount the person got in 2010; • whether the payment included a Qualified Adult Allowance and, if so, the amount; • whether the payment included a Child Dependent Increase and, if so, for how many children and the amount for each child, • the date the payments started, • the date the payments stopped, (if applicable). • If the relevant person is in receipt of a social welfare payment from outside Ireland, they will need to submit the above details from the relevant authority. Documentary evidence for payments from other government departments or state agencies for example, HSE • a statement from each government department or state agency with the following information: • the name of the person getting the payment, • the type of payment, • the amount the person got in 2010, • the date the payments started, • the date the payments stopped, (if applicable). Documentary evidence for self- employment or farming • Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) for each business for the year ending between 1 January 2010 and 31 December 2010. The accounts extracts pages from the applicant’s Return of Income do not satisfy this accounts requirement; • Adjusted Profit Computation for income tax for the 2010 tax year; • Notice of Assessment for 2010 or its foreign equivalent; • If it applies a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state; • If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in Article 22 (1)(d) must be provided; • wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations; • wages or payments to dependent children • wages or payments to non-dependent children where the payment is above the norm for the work undertaken. Documentary evidence for rental income from land and properties: • Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) or statement of rental income for the year ended 31 December 2010. The accounts extracts pages of the applicants Return of Income do not satisfy this accounts requirement; • Adjusted Profit Computation for income tax for the 2010 tax year; • Notice of Assessment for 2010 or its foreign equivalent; • If it applies, a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state; • If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in article 22(1)(d) must be provided; • wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations; • wages or payments to dependent children • wages or payments to non-dependent children where the payment is above the norm for the work undertaken Documentary evidence for a proprietary director or shareholder of a limited company: • the registered name of the company; • the registered number of the company; • the percentage of voting rights that the relevant person controls. As part of the verification process, copies of the audited accounts of these companies may be requested. Documentary evidence for income from pensions other than a Social Welfare State Pension: • a letter from the relevant persons employer(s) or the body/bodies administering the pension; • P60(s) confirming the gross amount you received in 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010.

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Documentary evidence for savings, deposit accounts or investments: • Statements of the interest/dividends paid from the financial institution or other provider, for example, bank, building society, post office or credit union etc covering the period 1 January 2010 to 31 December 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Documentary evidence for income from a maintenance arrangement: • Maintenance agreement stating the amount of maintenance received each month; • P21 Balancing Statement or Notice of Assessment for 2010; • Evidence of maintenance payments as well as evidence of any bills, mortgages, rent, tuition or any other such payments made as part of the maintenance arrangement. Documentary evidence for a lump sum payment on retirement: • a letter from the relevant persons employer or the body administering their pension stating: • date of retirement; • the gross amount of the lump sum; • the number of years of pensionable service or the number of years of contributions; • the gross annual pension. Documentary evidence for a lump sum payment on redundancy: • a letter from the relevant persons employer stating: • the date of cessation of employment or redundancy; • the gross amount of the lump sum; • the number of years of service with the employer. Documentary evidence for the disposal of an asset and right: • A completed Disposal of Assets and Rights Table; • Capital Gains Tax Computation for 2010; Documentary evidence for the realisation of a life assurance policy: • A letter from the financial institution stating: • the amount received on realisation; • the Irish tax deducted; • the amount(s) paid in premium(s); • the date the first premium was paid. Documentary evidence for gifts or inheritances: • a completed Gifts and Inheritances Table • a letter from the executor/donor; • Capital Acquisitions Tax Return, if applicable. Documentary evidence for any other income not mentioned above: Evidence from the appropriate person or body showing • the gross income or the gross amount received in 2010; • the source of the income; • a full description of the income. If the relevant person received income from woodlands in 2010, a completed Woodlands Table must be submitted. Documentary evidence for legally enforceable maintenance payments • A copy of the separation or divorce agreement; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Supporting documents for the actual payments, for example, bank statements may also be requested. Documentary evidence for pension contributions towards retirement: • a letter from the financial institution or agency that provides the retirement product outlining the contributions made directly by the relevant person in 2010 or for public service pension levy, the Pension-Related Deduction End of Year Certificate for 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Documentary evidence for changes in circumstances: • a completed application form for 2011/12 together with all of the required documentary evidence necessary in support of the application and • documentary evidence to show the change of circumstances that has occurred (i.e. if the change is in relation to reckonable income you will need to provide documentary evidence to show that the income between January 2011 and the end of the academic year 2011/12 has fallen and that the fall in income is likely to continue for the duration of the approved course, if the change is in relation to the number of dependent children you will need to provide a copy of the additional child’s birth certificate, if it is in relation to the number of relevant persons attending a full-time course as outlined in article 18(5) you will need to provide a letter from the college or institution confirming that the student(s) will be attending full-time in 2011/12 etc.).

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The Minister for Finance consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, 2011.

—————————————— Minister for Finance.

GIVEN under my Official Seal, 2011.

—————————————— Minister for Education and Skills.

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EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Scheme of Grant is made pursuant to powers conferred on the Minister for Education and Skills under the Student Support Act 2011.

This Scheme may be cited as the Student Grant Scheme 2011.

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BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó tríd an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO, (Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843) nó trí aon díoltóir leabhar.

——————

DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO, (Tel: 01 - 6476834 or 1890 213434; Fax: 094 - 9378964 or 01 - 6476843) or through any bookseller.

——————

€8.89 (Provisional Price )

Wt. (B28534). 285. m/yy. Cahill. Gr.30-15.

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A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

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

“That the County Council hereby adopts the Higher Education Grants Scheme 2011 as the Dún Laoghaire-Rathdown County Council’s Higher Education Grants Scheme 2011 and that the final date for receipt of new applications is 30 November 2011.”

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

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

40 Document Pack Page 91 Ward, Barry A Total: 22 4

An Cathaoirleach, Councillor J. Bailey declared the resolution CARRIED .

C/705/11 Cathaoirleach's Business: Councillor J. Bailey

An Cathaoirleach, Councillor John Bailey informed the Members of his intention to convene a Special Meeting of the County Council on Monday, 5 th September 2011 from 7.00 p.m. until 8.00 p.m. in the Council Chamber. This meeting will be convened to provide an opportunity for all potential Presidential candidates who have contacted the Council and requested to make a presentation. Each potential candidate will be given ten minutes to make their presentation to the Council.

C/706/11 Monthly Financial Report

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

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL REVENUE ACCOUNT FINANCIAL REPORT 4th JULY 2011

PERIOD: 01/01/2011 - 31/05/2011 5 41.67%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 13,258,117 31,880,100 41.59 B Road Transportation & Safety 11,278,876 26,556,300 42.47 C Water Services 13,263,487 32,471,200 40.85 D Development Management 4,917,227 13,169,400 37.34 E Environmental Services 13,507,151 34,710,400 38.91 F Recreation & Amenity 10,327,538 25,891,100 39.89 G Agriculture, Education, ------Health & Welfare 3,673,280 7,766,200 47.30 H Miscellaneous Services 9,065,064 22,525,600 40.24 TOTAL: 79,290,740 194,970,300 40.67

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 10,293,414 26,554,600 38.76 B Road Transportation & Safety 3,059,549 10,214,600 29.95 C Water Services 3,544,803 8,905,900 39.80 D Development Management 598,413 2,001,800 29.89

41 Document Pack Page 92 E Environmental Services 3,888,634 8,318,500 46.75 F Recreation & Amenity 1,710,476 5,023,400 34.05 G Agriculture, Education, ------Health & Welfare 3,303,326 6,513,500 50.72 H Miscellaneous Services 2,267,825 5,538,900 40.94 SUB TOTAL: 28,666,440 73,071,200 39.23 Commercial Rates 37,041,292 88,899,100 41.67 Local Government Fund 13,125,000 31,500,000 41.67 Provision for credit balance 625,000 1,500,000 41.67 TOTAL INCOME: 79,457,731 194,970,300 40.75

SURPLUS at 31/05/2011 166,992

Helena Cunningham, A/Head of Finance 20/06/2011”

The report of the Manager was NOTED .

C/707/11 Unsold affordable Housing Units

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

“At the 31 st December 2010 the Council had 151 unsold affordable housing units on hand. To date 15 units have been sold in 2011 and a further 20 are at various stages in the sales process. Due to the current economic climate and the difficulties being experienced by applicants on the affordable housing list in obtaining mortgage approval, 29 of these units are being transferred for lease under the Rental Accommodation Scheme for a period of 5 years, following confirmation from the Department that funding will be available. The 29 units are located at The Belfry, Belarmine, Kingston Hall and Beacon South Quarter. At the end of the 5-year period it is proposed that the situation will be reviewed, at which time consideration will be given to making the units available for sale to affordable applicants.

In relation to the remainder of the units at Belarmine (7) and The Belfry (27) it is proposed, subject to the agreement of the Department of the Environment, Community & Local Government, that a Rent to Buy option will be given to affordable housing applicants, to lease the units for a period of 3 years at a fixed rent. The unit may be purchased at any time during the 3-year period at a price which is 15% below current market value. 80% of the rent paid will be offset against the cost of the unit. Purchasers may avail of the Council’s House Purchase Loan or Private Finance to purchase the unit. This is considered to be a very attractive option for affordable purchasers who now find it impossible to obtain mortgage approval due to the level of deposit required. The criteria for consideration under the scheme are the same as for the Council’s Affordable Scheme. Generally, applicants must be in full time employment, be first time buyers, although certain exemptions apply. The income limit for a single person would be generally under €50,000 and under €70,000 for 2 people in the previous tax year. They must be in a position to obtain loan approval for the affordable sale price. If this scheme is successful, consideration will be given to including other units in the scheme.

In the meantime, valuations have been revised and all the other unsold units remain available for sale under the affordable housing scheme.

This report is submitted for the information of Members.”

42 Document Pack Page 93

A discussion took place, during which Mr. C. Mac Namara, Director of Housing responded to Members queries. The report was NOTED . It was AGREED to compile a list of unsold properties to be circulated to Councillors. It was also AGREED to hold a Housing Seminar for the Elected Members.

C/708/11 Draft Goatstown Local Area Plan

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

1. Background to Goatstown Local Area Plan

The County Council committed itself to the preparation of a Local Area Plan for Goatstown on foot of the inclusion of such an objective in the 2004 – 2010 County Development Plan. This objective was proposed and agreed by the elected representatives as part of the Development Plan-making process.

Section 3.2.8 of the County Development Plan 2004-2010 stated: ‘A Local Area Plan will be prepared for the Goatstown area and development will only be permitted in this area as necessary infrastructure becomes available’.

On foot of this objective, work subsequently commenced in late 2008 on a Pre-Draft public consultation exercise as the precursor to the preparation of a Local Area Plan for Goatstown.

2. Pre-Draft Public Consultation

A Pre-draft public consultation exercise was carried out in November and December 2008 – including a number of public open days held in Taney Parish Hall.

Sixty-seven submissions were received in response to that public consultation process – the vast majority of which were from local residents. A broad range of issues was raised. Traffic was the predominant issue raised in the majority of submissions. Other issues identified included public transport, the Dublin Eastern Bypass reservation, the very limited extent of the proposed Plan area, open space provision, local facilities and services, building height, urban design, density and built heritage. A Manager’s Report summarising the issues raised and setting out a series of considered responses and recommendations was subsequently prepared to help inform the preparation of the Draft Plan. It is proposed that the Manager’s Report be included as an Appendix to the Draft LAP.

3. Plan Area

The Plan area originally identified for the Pre-Draft public consultation focused almost exclusively on Goatstown Crossroads. A significant number of the submissions received requested that the Plan boundary be extended to include a considerably larger spatial area than originally proposed. In response to these submissions, the Plan boundary has been significantly expanded. The Plan area now incorporates the predominantly residential areas of Knocknashee, Birchfield, Taney, Larchfield, Hollywood, Farmhill, Willowfield and Goatstown Close. The Plan area also includes the small neighbourhood centres at Willowfield and Larchfield, the substantial campus of Mount Anville School, the grounds of Taney Church and Parish Centre and significant potential development lands at Knockrabo.

4. Key Issues & Context

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The Plan area is a mature suburban area with very limited realistic opportunities for development or redevelopment. The urban form and layout is already substantially in place and well established. The area is almost exclusively residential and characterised by 1960s / 1970s estate layouts where two-storey, semi-detached house types predominates. The area experiences substantial extraneous through traffic volumes as Goatstown is located at a confluence of a number of major radial and orbital routes passing through the County. The area lacks any real sense of place and identity. This is partly due to the absence of a clearly defined village centre and any sort of identifiable streetscape. The reservation for the Dublin Eastern Bypass, which is located immediately to the east of the crossroads, has resulted in a significant portion of land in the Goatstown area being sterilised for over 30 years. This long standing sterilisation, and continuing uncertainty in relation to the future of the Bypass, undoubtedly impacts negatively on Goatstown and the wider area. The proposed BlueLine BRT traverses the Plan area. Delivery of this project would have a positive impact on the Goatstown area.

5. LAP Content

The Draft Plan comprises of 6 Sections.

Section 1 – Introduction – addresses what is a Local Area Plan, the purpose of this Plan, provides a description of the Plan area and includes some details on the outcome of the Pre-draft consultation process.

Section 2 – Context – provides a description of the local context, the historical development of the area and details on the specific policies and zoning provisions contained in the County Development Plan 2010-2016 that are of relevance to the Plan area.

Section 3 – Development Policy – sets out a series of development guidance objectives for particular uses including residential development, neighbourhood centres, community and social infrastructure, open space and architectural heritage and conservation.

Section 4 – Urban Design – sets out policies that are intended to ensure that any new development (or redevelopment) within the Plan area positively enhances Goatstown’s identity and seeks to establish a stronger sense of place than currently exists.

Section 5 – Movement – provides policies relating to movement both within and through the Plan area and includes further detail in relation to the Eastern Bypass and the BlueLine BRT.

Section 6 – Site Framework Strategies – identifies the five sites in the Plan area that have development or redevelopment potential and includes specific criteria and parameters to help guide and influence the development of these sites. The five sites identified are – ‘The Goat’ Public House and adjacent lands, Topaz Garage and the adjoining retail units, the two Knockrabo sites, the former Victor Motors site and the grounds of the former Irish Glass Bottles sports club.

Appendices – The Appendices will include a Strategic Environmental Assessment Screening Report and an Appropriate Assessment Screening Report. Both screening assessments concluded that SEA and AA were not required.

44 Document Pack Page 95 6. Next Steps

It is intended to initiate the statutory timeframe for the Draft Goatstown Local Area Plan in September. The proposed timeframe is outlined below: Consultation with Environmental Authorities – 4 weeks (20 th July – 17 th August) Draft LAP Display – 6 weeks (7 th September – 18 th October 2011) Manager’s Report on submissions to be prepared within 6 weeks and issued to Elected Representatives (19 th October – 29 th November 2011) Elected Representatives have 6 weeks to consider Manager’s Report (30 th November – 19 th January 2011) Local Area Plan and Manager’s Report presented at the January Council Meeting

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

The report of the Manager was NOTED .

C/709/11 Proposed Variation No. 6.1 and 6.2 of the Dún Laoghaire-Rathdown County Development Plan 2010 - 2016

6.1 Sandycove, Architectural Conservation Area 6.2 Silchester Road, Architectural Conservation Area

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

“The County Development Plan 2010-2016 made a commitment to establish Architectural Conservation Areas (ACA’s) during the lifetime of the Plan. All existing Candidate ACA’s are to be assessed to determine if they meet the requirements and criteria for re-designation as ACA’s.

It is now proposed to proceed to designate Sandycove and Silchester Road as Architectural Conservation Areas in accordance with Section 11.3.10: Policy AR8: Architectural Conservation Areas of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 and Section 81 of the Planning and Development Act, 2000 (as amended).

A Draft statement of character has been prepared together with proposed changes to the boundaries of the areas. The aim of the documents are to identify the special character of Sandycove and Silchester Road and to set out the conservation and planning polices to protect their special characters, which will guide future developments in the Architectural Conservation Areas.

It is proposed to put the variations on public display in September 2011. These proposed variations will be presented to the Dun Laoghaire Area Committee at a meeting on the 29 th of June 2011.

It is now proposed to commence the statutory variation process in accordance with the provisions of the Planning and Development Act 2000 (as amended).

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

It was NOTED that Councillor J. Dillon Byrne wished to be excluded from taking part in the decision for this item as she lives on Silchester Road. Councillor Dillon Byrne left the Chamber until the conclusion of this item.

45 Document Pack Page 96 The report of the Manager was NOTED .

C/710/11 Minutes of the Organisation, Procedure and Protocol Committee held on 18th May 2011

The following minutes of the Organisation, Procedure and Protocol Committee meeting held on 18 th May 2011, copy of which had been circulated to the Members, were CONSIDERED and NOTED :

“DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the Organisation, Procedure and Protocol Committee Meeting held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Wednesday, 18 May 2011 at 3.30 pm

PRESENT:

Councillors: Councillors:

Baker, Marie Marren, Donal Bhreathnach, Niamh McCarthy, Lettie Boyhan, Victor O'Callaghan, Denis Horkan, Gerry Saul, Barry Humphreys, Richard Ward, Barry

An Cathaoirleach, Councillor L. McCarthy presided as Chairperson.

Apologies were received from Councillor Pat Hand, Tom Joyce, Hugh Lewis, Gearóid O'Keeffe and Carrie Smyth.

OFFICIALS PRESENT

Tony Pluck (Director of Corporate Services & IT), Bernie Gilligan (Senior Executive Officer Corporate Services & I.T.), Austin Baines (Senior Executive Officer Corporate Services & I.T.), Ian Smalley (Administrative Officer, Corporate Services & I.T.) and Pamela Graydon (Senior Staff Officer Corporate Services & I.T.)

OP/26/11 Minutes of Previous Meeting

Minutes of Organisation, Procedure and Protocol Committee Meeting held on 30 th March 2011

It was proposed by Councillor N. Bhreathnach, seconded by Councillor V. Boyhan and RESOLVED:

“That the minutes of the Organisation, Procedure and Protocol Committee meeting held on 30 March 2011 be ADOPTED and APPROVED.”

OP/27/11 Manager's Business

46 Document Pack Page 97 (a) Conference and Seminar Organisers Report

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

Conference Expenses from 1st January 2010 - 12th May 2011

Conf Ref Date Conference Conference Location DLR Cllrs Total Conf Total Total Total Total Cost Public Details Organiser Attended Fee Travel & Flights Accom Comp Sub 06/10 22nd - Elected Esperanza Galway 3 € 630.00 € 803.82 € 1,433.82 24th Jan Member's Enterprises 2010 Training Seminar: Waste Management and the Law 02/10 29th - Planning TJK Limerick 4 € 600.00 € € 1,939.16 30th Jan Seminar for Conferences 1,339.16 2010 Councillors 21/10 29th - 31st Cumann Cumann Galway 1 € 60.00 € 0.00 € 60.00 A Jan 2010 Merriman Merriman Winter School Teoranta 2010 22/10 4th - 5th Mid-West Mid- West Limerick 1 € 180.00 € 295.14 € 475.14 A Feb 2010 Regional Regional Authority - Authority 16th Annual conference 'Environment al Designations - Barriers or Opportunities ?' 19/10 16th - Elected Esperanza Galway 1 € 220.00 € 0.00 € 220.00 18th Feb Member's Enterprises 2010 Training Seminar: Managing Stress and Promoting Positive Mental Health 20/10 19th - 21st Elected Esperanza Mayo 1 € 220.00 € 544.32 € 764.32 Feb 2010 Member's Enterprises Training Seminar: Change Management in Local Government 15/10 26th - 21st Colmcille Colmcille Donegal 1 € 195.00 € 495.11 € 690.11 A 28th Feb Winter Heritage Trust 2010 School: 'The Role of Small Enterprises in Overcoming the Recession' 10/10 26th - Councillor's Superior Waterford 3 € 375.00 € € 1,396.53 28th Feb Training Training 1,021.53 2010 Seminar: The Councillor, Communicati ons and Local Government 30/10 4th - 5th ACCC Annual Association of Tipperary 2 € 300.00 € 612.17 € 912.17 A March Conference County and 2010 2010: City Councils 'Rebuilding confidence in urban and rural communities' 07/10 4th - 7th 18th Annual Rattoo Kerry 1 € 265.00 € 660.16 € 925.16 A March Kerry Heritage 2010 Environmenta Society l Recognition Conference 38/10 12th - Training Superior Wexford 3 € 525.00 € 932.09 € 1,457.09 14th March Seminar for Training 2010 Councillors: Public Liability Health & Safety issues in Local Government

47 Document Pack Page 98

42/10 25th - Listowel Kerry Literary Kerry 2 € 200.00 € € 1,242.57 A 27th March Conference & Cultural 1,042.57 2010 2010 - Centre Exploring Arts & Culture through Town 51/10 26th - National Tidy Louth Tidy Louth 1 € 130.00 € 213.70 € 343.70 A 27th March Towns Towns 2010 Conference Together 2010 33/10 9th - 10th LAMA 2010 Sligo County Sligo 2 € 390.00 € 445.56 € 835.56 A April 2010 Annual Council Conference: Councillors Role in Changing Climate 45/10 13th April International Centre for Brussels 1 € 345.00 € 178.50 € € 99.00 € 782.47 A 2010 Symposium - Parliamentary 159.97 'Working Studies, Public Towards a Policy Holistic Policy Exchange Against Illicit Drug Trafficking and Misuse in Europe 46/10 16th April BMW Border, Cavan 2 € 200.00 € 316.48 € 516.48 A 2010 Regional Midland & Assembly Western Annual Regional Conference Assembly 2010 - Promoting Growth and Jobs in Ireland's Regions 47/10 16th - Elected Esperanza Kerry 2 € 300.00 € € 1,415.48 18th April Member's Enterprises 1,115.48 2010 Training Seminar: Banking, Insurance and NAMA - The effect on Local Government 58/10 23rd - Inclusion Inclusion Kerry 1 € 100.00 € 521.35 € 621.35 A 24th April Ireland AGM Ireland 2010 & Annual Conference 2010 48/10 23rd - Conference Michael Galway 1 € 225.00 € 386.71 € 611.71 25th April for Noonan, TGR 2010 Councillors - Seminars key strategies for greater success in a challenging economic climate 50/10 23rd - Elected Esperanza Galway 1 € 170.00 € 453.01 € 623.01 25th April Member's Enterprises 2010 Training Seminar: New EPA Guidelines for Single Houses Their implications to Local Government 59/10 7th - 8th 'Head - Shops Kadenza Louth 1 € 175.00 € 0.00 € 175.00 May 2010 - Legal Highs' Consultancies Ltd 27/10 11th May Dundalk Dundalk Louth 1 € 150.00 € 147.72 € 297.72 A 2010 Chamber of Chamber of Commerce: Commerce Business Investment District Scheme Conference 56/10 14th - Business 4U.IE Kildare 6 € 500.00 € € 1,686.79 16th May Investments', 1,186.79 2010 Money, Business, Investments, Planning, Tax and more!

48 Document Pack Page 99

69/10 20th May South East South East Waterford 1 € 0.00 € 273.89 € 273.89 A 2010 Regional Regional Authority/Eur Authority opean Maritime Day 2010 Conference - Sustainable Estuarial Regions 67/10 21st - 23rd Elected Esperanza Galway 3 € 450.00 € € 1,847.60 May 2010 Member's Enterprises 1,397.60 Training Seminar: The Cost of Insurance and Claims on your Local Authority- What can we do to minimise? 66/10 28th May Southern & Southern & Cork 6 € 0.00 € € 2,105.76 A 2010 Eastern Eastern 2,105.76 Regional Regional Assembly Assembly Annual Conference 53/10 28th - Defamation TJK Limerick 1 € 120.00 € 302.48 € 422.48 29th May Seminar for Conferences 2010 Councillors 76/10 3rd June TCPA Town & London 1 € 356.82 € 0.00 € € 832.70 A 2010 Summer Country 475.88 Conference & Planning FJO Lecture Association 70/10 3rd - 10th La Recontre Les Rencontres Turkey 2 € 550.00 € 324.50 € € € 2,101.78 A June 2010 d'Istanbul 627.28 600.00 83/10 17th June SEAI - Bio SEAI Kerry 3 € 210.00 € € 1,384.87 2010 energy 2010 1,174.87 82/10 24th - Carlow 8th Carlow Carlow € 340.00 € 583.36 € 923.36 26th June National Tourism 2010 Tourism Conference : Tourism - The way forward 89/10 3rd - 10th 15th Annual Ballaghaderree Roscommon € 50.00 € 0.00 € 50.00 July 2010 Dr. Douglas n & Districts Hyde Development Summer Ltd School 94/10 16th - Elected Esperanza Kildare 1 € 170.00 € 214.25 € 384.25 18th July Members Enterprises 2010 Training Seminary, Housing (Misc. Provisions) Act 2009 104/10 18th - 30th Annual MacGill Donegal 1 € 150.00 € 704.19 € 854.19 24th July MacGill Summer 2010 Summer School School & Arts Week 98/10 30th July - The Need for Esperanza Galway 1 € 170.00 € 403.95 € 573.95 1st Aug Urgent Local Enterprises 2010 Authority & Health Service Reform 100/10 20th - Elected Esperanza Galway 1 € 170.00 € 426.36 € 596.36 22nd Aug Members Enterprises 2010 Training Seminar 'Waste Management Regulations, Tyres & Waste Tyres Prohibition of Waste Disposal by burning'

49 Document Pack Page 100

101/10 27th - Elected Esperanza Mayo 1 € 170.00 € 434.93 € 604.93 29th Aug Members Enterprises 2010 Training Seminar 'Water Conservation, Impact of the new EPA Guidelines on Planning Applications - Are we at risk?' 113/10 3rd - 5th Professional Michael Kildare 1 € 195.00 € 238.57 € 433.57 Sep 2010 Development Noonan, TGR Conference Seminars for Councillors: Computer and IT Development Skills for Councillors; A Business Perspective 115/10 20th Sep Seminar on Cork City Cork 2 € 0.00 € 636.02 € 636.02 2010 EU Projects Council Promoting Sustainable Travel 107/10 23rd Sep Water CMG Events Dublin 1 € 417.45 € 0.00 € 417.45 2010 Metering Conference 2010 122/10 24th - Ceiluradh an Ceiluradh an Kerry 3 € 120.00 € € 1,945.69 26th Sep bhlascaoid bhlascaoid 1,825.69 2010 2010 125/10 1st - 3rd 'Report of the Kadenza Wexford 3 € 365.00 € 952.54 € 1,317.54 Oct 2010 Local Consultancies Government Ltd Efficiency Review Group' seminar 123/10 1st - 3rd La Touche Greystones Wicklow 2 € 465.00 € 406.76 € 871.76 A Oct 2010 Legacy Town Council Seminar 2010 124/10 8th - 9th LAMA Autumn Kerry County Kerry 7 € € € 4,411.48 A Oct 2010 Seminar Council 1,120.00 3,291.48 127/10 15th - Douglas Hyde Douglas Hyde Roscommon 5 € 500.00 € € 2,288.71 16th Oct Conference Conference 1,788.71 2010 2010 145/10 20th Oct Local Co operation Monaghan 3 € 0.00 € 517.62 € 517.62 2010 Government Ireland and Active Citizenship, Combating Poverty and Social Exclusion 2010 62/10 21st - 23rd World Green World Green Philadelphia 0 € 0.00 € 0.00 € € 675.68 Oct 2010 Energy Energy 675.68 Symposium Symposium 135/10 22nd - Facebook for Michael Kerry 1 € 195.00 € 577.13 € 772.13 24th Oct Councillors; A Noonan, TGR 2010 Business Seminars Perspective 118/10 29th - 31st Elected Esperanza Galway 1 € 170.00 € 390.19 € 560.19 Oct 2010 Member's Enterprises Training Seminar: Criminal Law (Defence and Dwelling ) Bill 2010, Insurance Issues for Home and Business' 133/10 11th - National Clonmel Tipperary 3 € 450.00 € 904.34 € 1,354.34 12th Nov Enterprise Chamber of 2010 Conference Commerce 137/10 18th - ICSH Finance Irish Council Kilkenny 1 € 170.00 € 240.28 € 410.28 19th Nov Seminar 2010 - for Social 2010 'Financial Housing Management in a Changing Environment'

50 Document Pack Page 101

149/10 21st - 23rd Local Kadenza Donegal 3 € 435.00 € € 1,867.61 Nov 2010 Governance Consultancie 1,432.61 Training s Ltd Seminar: 'Council Budgets 2011' 155/10 24th Nov The 8th The Sunday Dublin € 240.79 € 0.00 € 240.79 2010 National Waste Business Summit Post 128/10 25th - A National Clare Tourist Clare € € € 3,925.81 27th Nov Tourism Council 1,374.00 2,551.81 2010 Conference 161/10 10th - Councillor's Superior Wexford 3 € 510.00 € 624.00 € 1,134.00 12th Dec Training Training 2010 Seminar: The Local Government Budget 2011 160/10 17th - Elected Esperanza Kerry 5 € 850.00 € € 3,463.53 19th Dec Member's Enterprises 2,613.53 2010 Training Seminar: Building Regulations, Renewable Energy Requirement, Home Insurance 03/11 28th - The Role of TJK Limerick 2 € 240.00 € 284.31 € 524.31 29th Jan State Conferences 2011 Institutions & Law Reform in Promoting Ireland's Economic Future 06/11 11th - AMAI Spring AMAI Cork 5 € € € 2,435.87 12th Feb Seminar 2011 1,000.00 1,435.87 2011 25/11 3rd - 5th Carlow 9th Carlow Carlow 2 € 300.00 € 602.66 € 902.66 March National Tourism 2011 Tourism Conference : A River Runs Through It 30/11 4th March County Mayor's Cork County Cork 3 € 150.00 € 392.96 € 542.96 2011 Conference Council 'Ireland's Energy Opportunity: Cork's Response' 21/11 18th - Professional Michael Louth 2 € 290.00 € 715.70 € 1,005.70 20th March Development Noonan, 2011 Conference for TGR Councillors: Seminars Effective Time and Priority Management; A proven practical approach to achieving maximum productivity 10/11 24th - ACCC Annual ACCC Offaly 5 € 625.00 € 781.86 € 1,406.86 25th March Conference 2011 2011: 'Rebuilding confidence in urban and rural communities' 46/11 26th March Executive School of Galway 1 € 0.00 € 342.51 € 342.51 2011 Accountability & Law, NUI Parliamentary Galway Democracy' 35/11 1st April Nuclear Free Newry & Down 2 € 0.00 € 151.31 € 151.31 A 2011 Local Mourne Authorities District Ireland Council & All Seminar: Key Ireland nuclear policy Nuclear Free issues for Irish Local Local Authorities Authorities in Forum 2011

51 Document Pack Page 102

16/11 7th - 10th Rattoo Heritage Rattoo Kerry 4 € 600.00 € € 1,851.96 April 2010 Society's 20th Heritage 1,251.96 Annual Kerry Society Environmental Conference & Training Seminar for Elected Members 48/11 8th April Good IPA Dublin 1 € 245.00 € 0.00 € 245.00 A 2011 Governance - Setting the tone from the top 27/11 11th & Regional Department Dublin 2 € 0.00 € 175.56 € 175.56 A 15th April Seminar for of the & Athlone 2011 Councillors on Environment the Planning & , Heritage & Development Local (Amendment) Government Act 2010 40/11 29th - LAMA Spring Louth Louth 2 € 380.00 € 531.06 € 911.06 A 30th April Seminar County 2011 Council

TOTAL COST OF CONFERENCES € 70,121.42

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

The report of the Manager was NOTED. It was AGREED that Councillors would submit a report to Corporate Services on return from attendance at any Conferences/Seminars in accordance with Section 142 (5) of the Local Government Act 2001. Corporate Services will compose a report template for Councillors to facilitate this new process.

OP/28/11 Cathaoirleach's Business: Councillor L. McCarthy

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

OP/29/11 Document Pack for Meetings

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

“That the complete agenda for any given meeting be provided to the relevant Members at least 7 days in advance of the meeting to which that agenda applies, and where, in exceptional circumstances, such is not possible, that the missing elements of the agenda be furnished as soon as they become available, and not at the meeting itself.”

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

“Due to increased pressure on staff to meet deadlines, a review of the timeframes for the submission of business for the Council and Area Committee Meetings was drawn up by the Manager and Management Team and circulated to Members on 12 November, 2010.

From the Councillors’ point of view, this involved moving the closing date for submission of business back to 10 days before the meeting to enable reports on Headed Items to be circulated with the agenda and to give sufficient time for Departments to work on the questions and motions submitted by Members. Staff were similarly issued with deadlines which have to be strictly adhered to and the intention is that the new timeframes will facilitate the circulation of the document pack on the morning of the meeting.

52 Document Pack Page 103 The document pack is signed off by the Manager and Management Team. It is not feasible to have individual items signed off as they are submitted, which would be required if this proposal were to be complied with.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

The report of the Manager was AGREED.

OP/30/11 Replace Councillors Existing Phones

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

“That the Manager provide Dún Laoghaire Rathdown County Councillors with Smart phones such as an iPhone, or HTC, in replace of existing phones, to allow Councillors to receive email while away from their desks, and that the Council also set up a gmail account for each Councillor in replace of the existing Outlook system.”

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

“There are 3 elements to the proposal:

1. Provision of Smart Phones Councillors have been provided with a mobile phone and a laptop computer to which their emails are directed. Smartphone technology is significantly more expensive to purchase and support e.g. €450 approx purchase price of a 32 GB iphone plus monthly Internet access charges . There is no provision in the budget for this additional expenditure.

In the event of an individual Councillor wishing to purchase a Smart phone on a personal basis, this can be facilitated under circular LG 33/06. In this situation the Smart Phone will be added to the Corporate Account so you can avail of the cheaper voice call tariffs.

Note: Councillors are not permitted to install Smart phone applications like Itunes, Iapps etc on their Council Laptops as per the IT policy signed by the Councillors when they received their laptops. The reason for this is that some Iapps present a potential risk to IT security on the DLR IT infrastructure. Any Smart Phone app or software should be installed on the Councillor’s own personal PC or Laptop. Smart Phones can incur extra costs if the allowed bandwidth for data (email/web) is exceeded The current Nokia 6303ci phones issued to Councillors are capable of using Google email but this does incur an extra €10 a month charge

2. Email on Smart Phones While it is technically possible to have the Councillors email set up to be received on the Smart Phone we would point out the following Setting up email on the Smart phone may involve taking the Councillors laptop for a day or two to configure the email The Councils support company is not contracted to support Smart Phones. You will need to deal directly with Vodafone for support.

53 Document Pack Page 104 Some Smart phones and Users have had difficulties in keeping their Smart phone email and laptop email in sync and there is an extra element of email management for the user to do this.

3. Moving from Outlook to Gmail Gmail and Outlook are probably the most popular email systems in the world today.

It was agreed at the last OP&P meeting that the Councillors as a group would not change their email addresses but on an individual basis, Councillors can request the Corporate Services and ITC Dept to setup their Outlook program to forward all emails to their own personal Gmail accounts.

Changing the Councillors email permanently from Outlook to Gmail would involve a lot of work and initial setup costs.

If Councillors want to maintain the same email address when solely using Gmail, all the Councillors will have to move as one group to Gmail, so a full consensus of Councillors would be needed

We would also be concerned that some Councillors would not be happy with Gmail and some would have a preference for Outlook. For some people, when moving to Gmail, it can be a big change as it looks and handles emails differently

These are some of the differences between the 2 email systems 1. Outlook uses folders versus Gmail which uses Labels. With Outlook, every email can be put into a folder for archiving purposes. With Gmail, you attach one or more label (like a tag) to a particular email, but they are archived all in one big lump.

2. Gmail lends itself to social networking. You can upload your entire Gmail contact list into Facebook or Twitter or whatever and search for friends.

3. Gmail consolidates email strings (Google calls them conversations) into a single, expandable email, and displays the number of individual emails contained in the conversation. With Outlook, each email stands on its own, so while you have duplications in your inbox, it’s always clear what you’re looking at when you open an email. With Gmail’s conversations, it can take a while to figure out how to expand and contract the display, and it’s not clear how to delete one email within a conversation as opposed to the whole thing.

4. Manipulating Microsoft Office files is easier in Outlook than in Gmail . In Outlook you can open a Word Document and instantly send it to an email recipient. You can’t do that in Gmail. When you receive an Office document in Gmail, you have the option of downloading it or viewing it as an HTML page. Downloading takes a bit of extra time. In Outlook, it’s easy to view a document, close it, and just let it sit with the email forever. In Gmail once you have gone to the trouble to download it, you have to save it somewhere

5. Adding and updating contacts is easy in both Gmail and Outlook. However Outlook gives you more fields of information to store.

6. With Outlook, you can set up multiple signatures. With Gmail, it appears you are limited to one.

54 Document Pack Page 105

However individual Councillors can set up their own Gmail email accounts themselves but they will not be able to use their current email address unless all Councillors move together, as outlined earlier.

We must point out that changing an email address is a major undertaking and would involve

Change of email address notification-Emailing/contacting all of your contacts and notify them of the new email address. Arrange for email to your old address to be automatically forwarded to the new email address for a suitable period (3-6 months) before expiring the old address. Monitor your email on both email accounts over the months and see who is still using the old address and notify them again. You may want to consider a message rule that flags the message perhaps by highlighting them with a different colour Risk of customer frustration if they are using an old email address Additional costs involved in setting up new email addresses and getting Alpha Computing to move email boxes to new addresses Laptops would need to be taken from Councillors for a few days to do this work It will be time consuming for the Councillor because firstly, all the people whom you know will have to be informed of the change; There is a risk you’ll lose some information including email messages and contacts data; You may face horrendous problems if you've used that email address as the username or as the primary contact address at other services. Changing all your business cards, publications and stationery that have your email addresses.

Also, nowadays people do not need to type or know an email address, as frequently as they did in the past because the email address is automatically picked up when replying to the email or using the email address from a website or from an electronic business card

Because the benefits of changing the email address do not appear to outweigh the extent of the work, cost and the potential disruption to Councillors involved, we would strongly recommend not changing the current email addresses.

New Outlook Email Service The Council will be in a position shortly to offer Councillors a new Outlook service.

This service will offer the following features 1. Email, Calendaring, Tasks, Out-of-office and user customiseable rules. 2. You will be able to retrieve your e-mail using their own e-mail client. You will have the option of retrieving your mail on your Outlook client, mobile device or from any web browser. 3. E-mail, calendaring and tasks can be synchronised between user's Outlook client and they're mobile device e.g their iphone. 4. Current mailbox quota is appprox 500MB, New mailbox quota is 25GB 5. Out of office and custom server based rules can only be applied 6. User's can also access their e-mail from an internet browser using Outlook Web Access (OWA) 7. Outlook supports read and delivery receipts

55 Document Pack Page 106

If Councillors wish to avail of the new Outlook service, when available they will need to contact Alpha Computers to arrange to have the work done which will take approx ½ a day.

In summary, increased costs and technical and support issues, preclude a complete move away from Outlook of all Councillors email to the Gmail system, although as stated earlier, they can request Corporate Services and IT Dept to set up their Outlook email to forward all emails to a personal Gmail account. A new outlook service will be available shortly which may of interest to Councillors ( the features are outlined earlier in the report)

Also, if any Councillor, on a personal basis, wishes to purchase a Smart Phone for Corporate voice and Personal email/web access Corporate Services can under circular LG 33/06, facilitate this.”

A discussion took place. It was AGREED that Cllr. Bhreathnach would represent the Councillors in discussions with the Corporate Services and I.T. Department regarding smart phones and a report would come back to a future meeting of the Organisation, Procedure and Protocol Committee.

OP/31/11 Presentations to Council

It was proposed by Councillor R. Humphreys and seconded by Councillor B. Ward:

“That the Manager be directed to ensure that as far as practicable, presentations, updates and PowerPoint talks are all given at area committee or SPC level and not at the full Council, except in exceptional circumstances. No person who is not an official of the Council will be invited to give a presentation to the full Council without the express invitation of the OP&P Committee.”

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

“Presentations, updates and PowerPoint talks that are area specific or related to policy are currently made at the relevant Area Committee, Strategic Policy or Information Meetings. There are occasions when it is not possible for representatives of outside bodies to attend more than one meeting and in such cases if the item has County wide implications it is listed on a Council agenda. Time constraints can also require an item to go straight to a Council agenda, in which case it would not be possible to wait for a decision of an OP&P meeting that is held every two months. This proposal could also lead to the Manager’s business having to go to an OP&P meeting before being listed on a Council agenda and for this reason it is management’s view that this proposal be rejected.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services & I.T. responded to Members queries. It was AGREED to put a time limit on presentations given at County Council meetings.

OP/32/11 The Internal Intranet Service Network

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

“That the Manager set up access to the internal Intranet service network for councillors.”

56 Document Pack Page 107 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“The Council are currently commencing a revamp of the Council’s Staff Intranet which is currently out of date in parts and in need of modernisation. The Councils Staff intranet is mainly used for staff matters such as - HR staff forms and policies, applying for leave, payroll and expenses queries, Agresso (Financial Management system) supplier forms, Staff Credit Union, Pension details, Booking meeting rooms, Staff training, Messages from the Manager to staff, Details of Croke Park Agreement for staff, Social club notices etc. You need a staff employee number and password to access parts of the Staff Intranet .

As part of this Intranet revamp, we will look at providing a Councillors Intranet. We will contact the Councillors to get their views on what they would like to see on a Councillors Intranet, particularly to identify items of interest that are not available on the Council’s website www.dlrcoco.ie ”

A discussion took place, during which Mr. A. Baines, Senior Executive Officer responded to Members queries. The report was NOTED and it was AGREED that Mr. Baines would further investigate the provision of an extranet for Councillors.

OP/33/11 Council's Telephone Answering Service

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

“That the Manager give a report to this Committee on the Council's telephone answering service, including the possibility of a touch-tone service that allows callers to dial the extension of the person required and a proper, professional answering service during closed hours.”

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

“Corporate Services, in conjunction with the Council’s telephone provider, have set up a template for an automated telephone system which would allow callers to dial an extension, to be put through to the Department they require or to talk to the switch operator. Corporate Services will be contacting Departments regarding the automated system and it is expected that it will be rolled out in early June. An out of hours answering service is already in place. An automated message informs callers of the opening hours, the number of the Homeless Shelter and an emergency number which is answered by a professional answering service.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T responded to Members queries. The report of the Manager was AGREED.

It was AGREED to take Item 12 in conjunction with this proposal.

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

That the Manager put telephone and e-mail protocols in place for Council staff requiring an “out-of-office” message (including who can deal with a query in that staff member’s absence and a contact number for that alternative person) where a member of staff will be unavailable for a day or more.

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

57 Document Pack Page 108

“The Council has customer service protocols in place in relation to voicemail and out of office messages, and regular reminders issue to all staff in relation to adhering to such protocols.

A further reminder will issue this week from the Communications Office.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T responded to Members queries. The report of the Manager was AGREED.

OP/34/11 Standing Orders No. 27 and No. 55

It was proposed by Councillor R. Humphreys and seconded by Councillor B. Ward:

“That standing orders 27 and 55 be amended by the deletion of “six” and the substitution of “three”.”

A discussion took place. It was AGREED to reconvene the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010 and to REFER this proposal to the Subcommittee for consideration. It was also AGREED that the Subcommittee would report to the 2012 Annual Meeting and annually thereafter on proposals for further updating of Standing Orders. A replacement for former Councillor R. Boyd Barrett is required for the Subcommittee.

OP/35/11 Diary of Council Events

It was proposed by Councillor V. Boyhan:

“That the Manager provide Councillors with a regular diary of Council events and functions.”

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

“The Communications Office is now circulating the Corporate Diary by email on a weekly basis to the elected members.

The Corporate Diary complements the public information listed on the dlr calendar on the homepage of the Council's website.”

Following a discussion the report was AGREED.

OP/36/11 Council Diary

It was proposed by Councillor N. Bhreathnach:

“That this Committee recommend that next year’s Council diary include email addresses for the named officials.”

58 Document Pack Page 109 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

"The inclusion of all contact details, including email addresses, of officials named in the Council diary will be reviewed in advance of preparation of the 2012 Council diary."

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. The proposal was AGREED.

OP/37/11 Amendment to Standing Order No. 18

It was proposed by Councillor R. Humphreys:

That standing order 18 be amended by inserting the following sentence as a new paragraph at the end: “Within the last 15 minutes of a meeting, provided that any business under Parts 1 and 2 has been disposed of, any member who has submitted a motion the implementation of which requires only that the Council write a letter to a Minister or some other third party, may request that the motion be put without debate, and upon such request being made An Cathaoirleach shall put the motion unless he or she is of the view that the subject matter is one that requires a debate.”

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/38/11 Vote of Sympathy

It was proposed by Councillor R. Humphreys:

“That standing order 18 be amended by the insertion after the first sentence of “Prior to the commencement of business proper, expressions of sympathy may be read out by An Cathaoirleach only, without debate. Members wishing to put forward a vote of sympathy shall notify An Cathaoirleach of the proposal in writing prior to the time fixed for the commencement of the meeting.””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/39/11 Amend Standing Order No. 18

It was proposed by Councillor B. Ward:

“That standing order 6 be amended – (a) by deleting “5pm” and substituting “4.30 p.m.” and (b) by deleting “8pm” (both references) and substituting “8.15 p.m.””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/40/11 Amend Standing Order No. 98

It was proposed by Councillor R. Humphreys:

59 Document Pack Page 110 That standing order 98 be amended by deleting "quarterly" and substituting "held within 3 months of any meeting where the Committee completed consideration of all business submitted to it, and within 2 months of any other meeting of the Committee; and meetings shall be scheduled for a period of 2 hours unless the Committee completes its business within that time.

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/41/11 Amend Standing Order No. 18

It was proposed by Councillor R. Humphreys:

“That standing order 18 be amended in the introductory paragraph by deleting “other than annual meetings” and substituting “(subject to any necessary modifications in the case of annual meetings).””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/42/11 Meetings Held in Dún Laoghaire-Rathdown County Council

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

“That no meeting at which Councillors are required or expected to attend, or at which Councillors have expressed an intention to attend, shall be organised on a given day from Monday to Friday inclusive, before 5pm, without the permission of more than half the Council, or, where the meeting concerns a specific group of Councillors, without the permission of more than half that group.”

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

“All Area Committee, Strategic Policy and Council meetings are held after 17:00 hours Monday to Friday inclusive. Dun Laoghaire-Rathdown is the only County Council in Ireland to hold such meetings outside of office hours. This has been made possible because the staff have re-organised their family lives outside of office hours to attend these meetings. The Manager is not in a position to guarantee the attendance of the staff at further meetings held outside of office hours.

If this proposal is successful it would necessitate every request for a meeting being listed on the Council/Area Committee agendas, thereby making the whole process of arranging meetings cumbersome and not serving the best interests of all concerned. Meetings times are always agreed with the Cathaoirleach.”

A discussion took place. The report of the Manager was NOTED.

OP/43/11 Lighting of County Hall at Night

It was proposed by Councillor B. Ward and seconded by Councillor R. Humphreys:

“That the ground floor of County Hall be lit up at night as the portion of Marine Road outside County Hall is very dark at night.”

60 Document Pack Page 111 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“For energy efficiency, the offices on the ground floor of County Hall are controlled by motion sensors.

As part of the design for the new layout of the area outside of County Hall, a new lighting scheme is proposed which will bring lighting up to acceptable levels. Work on this scheme is scheduled for completion in June 2011.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. It was AGREED Mr. Pluck would look into this further and report back to the Committee.

It was AGREED to take Item No. 18 in conjunction with this proposal.

It was proposed by Councillor B. Ward and seconded by Councillor R. Humphreys:

“That the Council consider lighting the lower part of the Town Hall at night, in addition to the up-lighting of the first floor, as the streetscape is extremely dark at night.”

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

“For energy efficiency, the offices on the ground floor of County Hall are controlled by motion sensors.

OP/44/11 Amend Standing Order No. 18

It was proposed by Councillor R. Humphreys and seconded by Councillor G. Hayden:

“That standing order 18 be amended by adding the following paragraph at the end of the standing order: “At the outset of the meeting, An Cathaoirleach shall call over each item of business (including members’ motions) in the order in which the items appear on the agenda, and ascertain whether each of the items can be agreed or noted, as the case may be, without debate. As much business as possible shall be disposed of during the call-over, subject to the right of any member to require that any particular matter be debated. Following the completion of the call-over, the remaining agenda items which require debate shall be dealt with by the Council in the order in which they appear on the agenda, subject to the right of An Cathaoirleach to take any item out of turn if he or she considers it is in the interests of the orderly dispatch of business to do so.”

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/45/11 Draft Minutes on Website

61 Document Pack Page 112 The following proposal was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That a new section of the website be created headed "Draft Minutes", and draft minutes of meetings should be posted to the website under the heading of "Draft Minutes" as soon as they are prepared, rather than awaiting their formal approval at the following meeting, in the interests of public information.”

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

“As noted at the last OP&P meeting the legislation requires the publication of confirmed minutes. The Management team has discussed the publishing of draft minutes and they are strongly against this proposal. Our experience dealing with members of the public requesting minutes in advance of them being approved is that they are happy to view the webcast of the meetings and understand that minutes of meetings must be approved by the Council before being published.”

OP/46/11 Re-entering of Items

It was AGREED to RE-ENTER Item No. 20, Item No. 21, Item No. 24 and Item Nos. 26 to 28 to the July meeting of the Organisation, Procedure and Protocol Committee.

OP/47/11 Conclusion of Meeting

The meeting concluded at 4.35 p.m.

C/711/11 Ministerial/Departmental Correspondence

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

“1. Letter from the Office of the Minister for Education and Skills in relation to a letter sent by us on 13 th April 2011 re: the National Emergency Committee.”

C/712/11 Other Correspondence

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

“1. Letter from ASH Ireland to Councillor B. Ward in relation to motion re: smoking in playgrounds. 2. Letter from Galway County Council in relation to a motion passed by them re: issuing of driving licences. 3. Letter from Galway County Council in relation to a motion passed by them re: processing of Higher Education Grants 4. Local Authority Members Association audited accounts for 2010. 5. Letter from South Tipperary County Council in relation to a motion adopted by them re: change of clocks in winter.”

C/713/11 Dublin's Need for Water

62 Document Pack Page 113 It was proposed by Councillor J. Dillon Byrne and seconded by Councillor C. Smyth:

“That this County Council discuss in full detail the proposed scheme moved by Dublin City Council to pump water from River Shannon to service Dublin’s need for water.”

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

“The Dublin Region Water Supply Project is examining the long-term water supply needs of the Dublin Region. Full information is available on the Project website http://www.watersupplyproject-dublinregion.ie/

The Strategic Environmental Assessment has been completed for the Project and will be submitted to the Environmental Protection Agency for consideration.”

A discussion took place, during which Mr. F. Austin, Director of Water and Waste Services responded to Member’s queries. It was AGREED that a report on all schemes considered would be brought back to a future meeting of the County Council.

C/714/11 Magdalene Laundries

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

“That this Council calls on the Government to promptly and impartially investigate allegations of torture, cruelty, inhuman and degrading treatment of women detained at Magdalene Laundries and to request the Government to ensure appropriate redress.”

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

“If the motion is passed a letter will issue to the Government outlining the terms of the motion.”

Following a discussion the motion was UNANIMOUSLY AGREED .

C/715/11 Grange Village Independent Living and Retirement Village

It was proposed by Councillor G. O’Keeffe and seconded by Councillor T. Joyce:

“TICKNOCK ROAD – GRANGE VILLAGE INDEPENDENT LIVING AND RETIREMENT VILLAGE (SPECIFIC LOCAL OBJECTIVE No. 97 Map 5 page 211 of the County Development Plan) PROPOSED VARIATION TO THE DUN LAOGHAIRE RATHDOWN COUNTY DEVELOPMENT PLAN 2010 – 2016

In order to facilitate a technicality that will permit the Specific Local Objective No 97 for Retirement Village and Medical Related Facilities for the elderly at Ticknock Road, Sandyford, Dublin 18 the following variation is proposed:

CHAPTER 18 – LAND USE ZONING OBJECTIVES

The following additional text is to be appended as an additional footnote to Zoning Objective ‘B’ (Table 18.4):

63 Document Pack Page 114 Permitted In Principle*

Agricultural Buildings, Boarding Kennels, Caravan Park-Holiday, Cemetery, Community Facility, Concrete/Asphalt (etc.) plant in or adjacent to a Quarry, Home Based Economic Activities, Industry-Extractive, Open Space, Place of Public Worship, Public Services, Rural Industry-Cottage, Rural Industry-Food, Travellers Accommodation.

* Subject to compliance with the relevant policies, local objectives, standards and requirements set out in this Plan, the following land uses in association with a retirement village; residential (independent, assisted and convalescent living), ancillary medical and related uses, associated retail, pharmacy, restaurant, care centres, community facilities and village centre uses are “permitted in principle” under Zoning Objective B within those areas covered by the Specific Local Objective No. 97 relating to lands at Ticknock shown on Development Plan Map 5.

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

“In March 2010 during the preparation of the 2010-2016 County Development Plan the Manager presented the following report in respect of Specific Local Objective No. 97 (Ticknock Road Retirement Village) to the Elected Members for their consideration.

"The Manager agrees with those submissions objecting to the inclusion of SLO No. 97 within the Draft Plan on the following grounds:

Contradictory to Zoning Objective 'B' ( To protect and improve rural amenity and to provide for the development of agriculture ) Inappropriate and remote location.

The proposed Retirement Village is considered to be reflected by the Use Class 'Retirement Home', which is defined in the Draft Development Plan under Section 18.8: Definition of Use Classes as " Housing accommodation specially designed for elderly people in which dining, recreation, hygiene and health care facilities are shared on a communal basis ".

'Retirement Home' is not a use either 'Permitted in Principle' or 'Open for Consideration' under Zoning Objective 'B' ( To protect and improve rural amenity and to provide for the development of agriculture ) (see Table 18.4 in the Draft Plan). In the 2004-2010 Development Plan (2004-2010) 'Retirement Home' is 'Open for Consideration' under Zoning Objective 'B'. This was, however, removed from the Draft Plan based on analysis of recent decisions by An Bord Pleanala and in response to a very stark paper by the Chairperson of An Bord Pleanala presented at the publication of the 2007 Annual Report: "With an ageing population there is an increase in the number of nursing homes being provided around the country. Some of these are coming on appeal and it is noted that the locations of some are singularly inappropriate in planning terms and even in terms of future occupiers, operators and employees. A number of large-scale nursing homes have been proposed in isolated Greenfield sites remote from towns or villages, shops or services of any description. Invariably, these have been refused by the Board as it is considered that such facilities are best located within existing settlements where public services are available and where the occupants have some degree of access to shops and other amenities or can walk up the street and encounter members of the local community ."

In addition SLO No. 97 is patently contradictory to Council Policy RES9:Housing for the Elderly, which states: " It is Council policy that proposals for accommodation for the elderly should be located in existing residential areas well served by infrastructure and amenities such as footpath networks, local shops, public transport in order not to isolate

64 Document Pack Page 115 residents and allow for better care in the community, independence and access. This preference, and presumption towards convenient locations, apply to any scheme whether provided by communal set-ups or similar, facilities providing higher levels of care, self- contained units or a mix of these."

An Bord Pleanala refused permission in 2005 for a private school on the subject site (D04A/0801). Three of the four reasons for refusal very much focus on the inappropriate, isolated nature of this site:

The isolated location of the site; Non-accessibility by public transport; Prominent nature of the site and its elevated and open aspect immediately adjoining a high amenity area; Impact on the rural character and visual amenity of the area; and Traffic hazard

In full, the three reasons for refusal read as follows:

"1. Having regard to its relatively isolated location, which has not been shown to be accessible by walking, cycling or public transport and to the lack of any case made by the applicant to justify the need for the proposed development and to determine its potential catchment, it is considered that the site of the proposed development is unsuitable, in principle, for the development of educational facilities of the scale proposed and would, if permitted, conflict with the principles of sustainable development. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

3. Having regard to the prominent nature of the site and its elevated and open aspect, immediately adjoining a high amenity area designated in the development plan and having regard to the scale and location of the proposed development, it is considered that the proposed development, which would be visible from a wide area, would seriously injure the rural character and visual amenity of the area and would impact, in a detrimental way, on the view westwards from the Ticknock Road, which it is an objective of the current development plan to protect. The proposed development would, therefore, conflict with the provisions of the development plan and would be contrary to the proper planning and sustainable development of the area.

4. Having regard to the scale of the proposed development, and its location adjoining the Ticknock Road, which is a rural type road that is inadequate in width and alignment to accommodate the traffic that is likely to be generated from the proposed development and having regard to the substandard level of visibility available from the proposed site access onto the Ticknock Road, and from the junction of the Ticknock Road with the Harold's Grange Road, it is considered that the proposed development would endanger public safety by reason of traffic hazard, hazard to pedestrians and obstruction of road users, The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area."

From a sustainable travel perspective the Council's Transportation Department also contend that the proposed developmen t is poorly located particularly for the actively retired occupying individual homes, as there is very limited, if any, access to public transport at this location. The NRA in their submission considers that the proposed development could, due to its location and nature, potentially adversely impact on the safety, efficiency and capacity of the national road infrastructure in this area.

In the context of the demographics of the County the Manager considers that the concept of a Retirement Village as proposed is to be welcomed in principle. The proposed site is, however, completely inappropriate and unsustainable. The desirability of such a

65 Document Pack Page 116 facility within the County should not conflict with the overarching principles of proper planning and sustainable development.

Recommendation Remove Specific Local Objective No.97 from the Draft Development Plan."

Despite the Manager's extremely robust report the Members elected not to accept the recommendation to remove SLO No. 97 from the Draft Development Plan but instead voted to retain the Ticknock Road Retirement Village in the finalised adopted County Development Plan 2010-2016.

Less than 10 months later the primary concerns outlined in the previous Manager's Report - namely that the proposal is wholly contradictory to the Zoning Objective 'B' and that the subject site is an inappropriate and remote location for such a use - continue to hold currency and validity.

The current Motion seeking a Variation to the current County Development Plan proposes to introduce an additional but site specific footnote to Zoning Objective 'B' (Table 18.4) to 'Permit in Principle' a menu of specific uses that would otherwise not be 'Permitted in Principle' or 'Open for Consideration' under the provisions of the overriding policy objectives of the generic zoning which are "To protect and improve rural amenity and to provide for the development of agriculture".

Notwithstanding the locationally specific nature of this Motion there is clearly something incompatible in this proposal to vary the County Development Plan if the end result were to completely undermine the fundamental premise and rationale that underpins the very Zoning Objective for the area - which in this case is "To protect and improve rural amenity and to provide for the development of agriculture" . Patently the proposed Retirement Village that is being promoted through Specific Local Objective No. 97 satisfies neither of these rural amenity and/or agricultural policy imperatives. For this reason it is recommended that this Motion be rejected.

There are particular concerns in relation to the open-ended 'Village Centre Uses' being promoted by the Motion. Nowhere in the current County Development Plan is the term 'Village Centre Use' defined in any categoric fashion either implicitly or explicitly. The only closely analogous term to ' Village Centre Use' would be the 'neighbourhood centre facilities' provided for under Zoning Objective 'NC' - "To protect, provide for and/or improve mixed-use neighbourhood centre facilities". Were neighbourhood centre 'Permitted in Principle' uses to be entertained or facilitated at Ticknock Road on foot of the current Motion it raises the wholly unwelcome prospect of the introduction onto the subject site of such diverse uses as - advertising structures, betting offices, discount food stores, petrol stations, public houses and residential - all of which are patently inappropriate and incompatible with the overarching policy objectives of the generic 'B' Zoning of the area.

In addition to the foregoing comments the proposed footnote varies significantly from the wording of SLO No. 97 and it is likely that if a variation in the terms proposed was passed by the Council then this could allow for a development which is significantly different from the terms of SLO No. 97.

For Information:

Members should be aware of a very recent (5 th April 2011) decision taken by An Bord Pleanala in respect of a proposed development on the site to the south of and immediately adjacent to the identified Retirement Village site boundary. That application (Reg Ref D10A/0505 and ABP Ref. PL06D 238004) was for ‘Amendments to D07A/0922 for a stud and equine rehabilitation centre, ancillary facilities and house at

66 Document Pack Page 117 Ticknock Road, Taylorsgrange, Sandyford, Dublin 18.’ The Planning Authority decided to refuse permission for four reasons, viz:-

1. It is considered that the design, scale and bulk of the proposed first floor extension would be visually obtrusive and would have a negative impact on this high amenity area and on the protected views westwards from Ticknock Road. 2. The proposed amendments would significantly reduce the scale of the permitted ‘state of the art’ equine rehabilitation facility, which would significantly dilute the standard of permitted development and would undermine the rationale for granting the overall development. 3. Insufficient details have been submitted to indicate whether the septic tank complies with the EPA’s ‘Code of Practice: Wastewater Treatment and Disposal Systems Serving Single Houses’ (2009). 4. The proposed development is premature, by reference to the deficient road network serving the area, which renders it unsuitable to carry the increased road traffic likely to result from the development. The proposed development would therefore endanger public safety by reason of traffic hazard.

The refusal by the Planning Authority was appealed by the applicant to An Bord Pleanala. The Board’s Planning Inspector also recommended that planning permission be refused for the following reasons viz:-

‘1 The proposed development is located on an exposed hillside and on a site which is partially zoned ‘G’ where the objective is ‘to protect and improve high amenity areas’ in accordance with the provisions of the County Development Plan, 2010 – 2016. It is considered that the proposed alterations to the equine centre would intensify the scale of the permitted development and would seriously injure the visual amenities of the area and would impact on the views along Ticknock Road which it is an objective of the Plan to protect. The proposed development would, therefore, conflict with the provisions of the Dún Laoghaire-Rathdown County Development Plan 2010 – 2016, and would be contrary to the proper planning and sustainable development of the area.

5. Having regard to the existing substandard capacity, width and alignment of Ticknock Road which would serve the subject development, and the nature and volume of traffic from the site, the Board is not satisfied that the applicant has adequately demonstrated that the intensification of the permitted development would not endanger public safety by reason of traffic hazard and obstruction of road users.’

The Board finally also refused permission for the proposed development but based on the reasons and considerations set out below:-

‘MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made hereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

REASONS AND CONSIDERATIONS

Having regard to the extent of development proposed and the nature of the effluent generated on this unserviced site, and in the absence of a site suitability assessment and detailed specifications in relation to the proposed waste water treatment system, the Board is not satisfied on the basis of the submissions made in connection with the planning application and the appeal, that effluent from the development can be

67 Document Pack Page 118 satisfactorily treated and disposed of on site. The proposed development would, therefore, be prejudicial to public health.’”

A discussion took place, during which Ms. K. Holohan, Director of Planning responded to Members queries.

It was AGREED to ADJOURN the meeting for three minutes for Councillors to further consider the Grange Village Independent Living and Retirement Village.

C/716/11 Reconvening of Meeting

The meeting reconvened at 6.52 p.m.

C/717/11 Grange Village Independent Living and Retirement Village

The discussion continued and Ms. K. Holohan, Deputy Manager responded to Members further queries.

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

68 Document Pack Page 119 O’Dea, Jim A O’Keeffe, Gearóid A Richmond, Neale Saul, Barry A Smyth, Carrie A Stewart, Patricia A Ward, Barry Total: 14 11

An Cathaoirleach, Councillor J. Bailey declared the motion CARRIED .

C/718/11 APCOA Induction Training

It was proposed by Councillor P. Stewart and seconded by Councillor M. Baker:

“That the Manager ask APCOA to furnish details of the induction training of its operatives in order to ensure that they deal with the public in a courteous, pleasant and fair way.”

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

“A copy of APCOA’s Induction Training course has been forwarded to all Councillors and is available from the Transportation Department.”

Following a discussion the report was NOTED .

C/719/11 Public Art Works

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

“That the Council seek to increase public art works across the County and actively encourage new developments to install or contribute to various art forms accessible to the public or installed in the public realm.”

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

“The Council’s most recent three-year public art programme Place and Identity was a series of ward-based artists’ residencies and temporary commissions. As this programme has come to an end the Arts Office is now in the process of reviewing and updating the Council’s Public Art guidelines in consultation with relevant internal departments. The new guidelines will be presented to the E,C&C SPC in September. Subject to available funding, a new Public Art implication plan will be developed once the guidelines are approved. The role of public art within private developments will be researched as part of the review process.”

C/720/11 SDZ Plan for Cherrywood

69 Document Pack Page 120 It was proposed by Councillor D. Marren and seconded by Councillor D. O’Callaghan:

“That the Manager report on the progress and likely completion date of the SDZ plan for Cherrywood.”

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

“The Council submitted a recommendation to the DoEHLG in August 2008 requesting that Cherrywood be considered for designation as a Strategic Development Zone. At that time the Councillors were briefed on the Draft Masterplan for the area and the Common Infrastructure Implementation Plan (CIIP). In May 2010 the Government designated Cherrywood a Strategic Development Zone and identified the Local Authority as the Development Agency responsible for the preparation of a Draft Planning Scheme

A Cherrywood Interdepartmental Team has been formed and this team was tasked with reviewing work done up to 2008 having regard to:

New and updated Government guidelines and policies in particular retail, and flooding New Regional Planning Guidelines A detailed biodiversity survey of the area that was completed in 2010, The findings of the RPS Transport study 2010 of the 2008 CIIP Submissions from landowners received in January 2011 on foot of a request by the Local Authority

When this work is completed the Cherrywood Interdepartmental Team will prepare a draft Planning Scheme for Cherrywood, which will be informed by the Strategic Environmental process (SEA).

To date the following work has been progressed:

The implications for development of the Cherrywood area of new Government Guidelines (in particular relating to retail development and flooding), new Regional Planning Guidelines, emerging biodiversity issues and the designation of Carrickmines as a District Centre have been assessed. The submissions from landowners have been reviewed. While some common issues were raised in the submissions (incl. the need to take account of the implications of the economic downturn and to minimise infrastructure requirements) the submissions of different landholders do not constitute a consistent view regarding the future development of the Cherrywood area. Cognisance is being taken of issues raised in these submissions. A scoping exercise for the SEA has been completed. Background papers are being prepared covering key issues these will inform the policies and objectives in the draft Plan. Appropriate Assessment consultants have been appointed and work is continuing. Consultants have been appointed to prepare the Environmental Report part of the SEA process this will inform the making of the draft Planning scheme. The Team is in dialogue with OPW in relation to potential flooding issues and the application of the new Guidelines. A number of meetings have been held with the NTA to discuss the nature and scale of development and the mix of uses in the plan area. The public transport and road infrastructure requirements associated with these quantums of development and the phasing aspect of the scheme. The appropriate approaches to the issues raised by the biodiversity survey are being considered. Critical infrastructural requirements are being reviewed.

70 Document Pack Page 121 Impact of revisions to the previous draft masterplan are being considered

It is the Manager’s intent to fully brief the Councillors on the rationale underpinning proposed changes to the draft Masterplan (presented to the Councillors in 2008) in September 2011.

The Council under the requirements of the Planning and Development Act 2000 – 2010, as the development agency is legally required to have a draft Planning Scheme prepared and on display by 25 th May 2012.”

Following discussion, during which Ms. K. Holohan, Director of Planning responded to Members queries, the report was NOTED .

It was AGREED to take Item No. 45 in conjunction with this motion:

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

“That this Council agrees that the Draft Planning Scheme for the Cherrywood S.D.Z be put on public display by November 2011.”

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

“The County Manager wrote to the Councillors in June setting out progress to date in the preparation of the Draft Planning Scheme for Cherrywood and the Manager’s intent to fully brief the Councillors in September on the rationale underpinning the Draft Planning Scheme and changes proposed to work previously presented to the elected members in September.

The Draft Planning Scheme is required by legislation to be on display by 25 th of May 2012. While it is not the intention of the Planning Authority to delay in the preparation of the planning scheme this plan requires significant supporting infrastructure and co- ordinated input as well as detailed environmental assessment to accord with the requirements of the Planning Acts. In addition to this the plan needs to be presented in a manner that is clear and legible. It is not feasible to have a draft plan prepared by November of this year. The Council will be kept updated on progress.”

Following discussion, during which Ms. K. Holohan, Director of Planning responded to Members queries, the report was NOTED .

C/721/11 List of the Strategies/Policies being Operated by the Council

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

“That the Manager provide a list of the strategies, policies or similar documents prepared for particular subject matters that are being operated by the Council, broken down by Department.”

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

71 Document Pack Page 122 “The Council is not in a position to allocate the resources required to abstract the information requested in the motion.”

C/722/11 Assistance with Flower Planting

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

“That the Manager put in place an ongoing and publicly advertised scheme whereby residents associations and tidy towns can apply for assistance with flower planting, subject to agreement regarding maintenance of the floral displays by residents and/or committees.”

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

“The Council invites applications from Community Groups, Residents Associations and Schools for funding for environmental projects under the Sustainable Communities Funding Scheme. This is advertised on the Council's website and also through verbal and written correspondence by the Environmental Awareness Officer.”

C/723/11 Street Sandwich Boards

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

“That the Manager provide an update on the proposals for the introduction of a licensing system for street sandwich boards.”

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

“The Environment and Transportation departments have been working closely on developing a new policy in respect of sandwich boards on public footpaths. The proposed licensing system for sandwich boards is being done under the Planning and Development Act, 2000 and Planning and Development Regulations 2001 as amended. As part of this policy review the departments have also updated the policy in respect of all street furniture including tables and chairs and also the display of goods. A single application form for all street furniture licences has been developed so as to reduce the level of paperwork required by businesses seeking to make multiple licence applications.

The next step will involve making this new application form available on the Council website and in the Council offices so that people can apply for a licence. The Council will also go about compiling a list of all businesses that have street furniture in the public space and will be drafting a letter informing them of the need to apply for a licence. There will be an onus on successful applicants to display the licence in a visible location.

It is important to note that only businesses that meet the necessary conditions will be granted a licence, for which they must pay and that all businesses that continue to have unlicensed items in the public space will be subject to fines/prosecutions under the appropriate legislation. Prior to issuing a licence the applicant will have to satisfy the Council that there are no arrears of water charges or rates outstanding in respect of the premises or that an arrangement has been entered into with the Council to discharge any such arrears.”

72 Document Pack Page 123 C/724/11 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 6 to 8, Item Nos. 30 to 35, Item Nos. 37 to 39, Item Nos. 41 to 44, Item No. 47 and Item No. 48 to the September meeting of the County Council.

C/725/11 Conclusion of Meeting

The meeting concluded at 7.15 p.m.

73 Document Pack Page 124 Agenda Item 2

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

QUESTIONS – SEE ATTACHED APPENDIX

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Document Pack Page 126 Agenda Item 3

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

EDUCATION AND TRAINING FOR COUNCILLORS IN ACCORDANCE WITH SECTION 142 (5) OF THE LOCAL GOVERNMENT ACT 2001

Date Conference Estimated Cost (INCLUDING CONF FEE)

23 rd – 24 th LAMA Autumn Seminar 2011: The Role of 23 rd – 24 th September 2011 Tourism in Economic Recovery, Clonea Strand September Hotel, Dungarvan, Co. Waterford. 2011

8th – 10 th AMAI 98 th Annual Conference, Knightsbrook €473.30 September 2011 Hotel, Trim, Co. Meath. (Conf Fee €200.00)

9th – 11 th Professional Development for Councillors: €467.95 September 2011 Domestic Water Meters for Ireland; (Conf Fee Implications for Irish Consumers and €165.00) Business, Ravensdale Suite, Carrickdale Hotel, Carrickarnon, Dundalk, Co. Louth.

29 th September 2nd Annual Water Leakage Conference 2011, €356.95 2011 Royal Marine Hotel, Dun Laoghaire, Co. Dublin (Conf Fee €356.95) 12 th – 14 th August Elected Member’s Training Seminar: €632.32 2011 Legislation for the reform of Local (Conf Fee Government, Westport Plaza Hotel, Castlebar €150.00) Street, Westport, Co. Mayo.

19 th -20 th August Councillors’ Training Seminar: The Local €344.37 2011 Government Arts Service, Radisson Blu Hotel, (Conf Fee Farnham Estate, Cavan. €100.00)

12 th – 13 th August Councillors’ Training Seminar: The Local €608.47 2011 Government Planning Service, West Cork Hotel, (Conf Fee Skibbereen, Co. Cork. €100.00)

8th – 9 th October Local Government Planning Seminar for €478.96 2011 Councillors, Patrick Punch Hotel, Limerick. (Conf Fee €120.00) 5th September Ireland Through a Social Sciences Lens – €49.75 2011 Celebrating four years of the Irish Social (Conf Fee Sciences Platform, Ground Floor, Iontas €49.75) Building, North Campus, NUI Maynooth.

28 th July 2011 The Art of Writing a Press Release; ½ day €95.00 seminar with Angela Long, Irish Times Training, (Conf Fee Irish Times Building, 24 – 28 Tara Street, Dublin 2. €95.00)

Document Pack Page 127 20 th October 2011 Local Government Housing Conference 2011, €393.25 Royal Marine Hotel, Dún Laoghaire, Co. Dublin. (Conf Fee €393.25)

2nd – 4 th Local Governance Training Seminar: ‘Personal €630.86 September 2011 Development Skills’, Silver Tassie Hotel, (Conf Fee Letterkenny, Co. Donegal. €145.00)

19 th – 21 st August Elected Member’s Training Seminar: Local €683.27 2011 Government promoting Renewable Energy, (Conf Fee The Advantages of Solar Power, Manor West €150.00) Hotel, Tralee, Co. Kerry.

2nd – 4 th Enhancing Promotional Material & MS Office €680.73 September 2011 Troubleshooting, Celtic Ross Hotel, Rosscarbery, (Conf Fee West Cork. €100.00)

23 rd – 25 th Elected Member’s Training Seminar: Effective €683.27 September 2011 Representation for your Constituents, Manor (Conf Fee West Hotel, Tralee, Co. Kerry. €150.00)

13 th September IPA Governance Forum: Setting & Delivering €150.00 2011 Strategic Priorities, IPA, 57 – 61 Lansdowne (Conf Fee Road, Dublin 4. €150.00)

14 th – 16 th October Professional Development for Councillors: €647.22 2011 Developing Leadership – 21 Ways to Win with (Conf Fee People, Westport Plaza Hotel, Westport, Co. €145.00) Mayo.

14 th – 16 th October Elected Member’s Training Seminar: Social €632.32 2011 Housing Assessment Regulations 2011, (Conf Fee Carlton Atlantic Coast Hotel Westport, The Quay, €150.00) Westport, Co. Mayo.

25 th – 26 th A National Tourism Conference: ‘Tourism – €689.88 November 2011 The potential for Economic growth’, Falls (Conf Fee Hotel, Ennistymon, Co. Clare. €229.00)

22 nd – 25 th La Rencontre de Skopje: The Creative Cities €1,233.76 September 2011 of the Balkans in Europe, Museum of the city of (Conf Fee Skopje, Skopje, Macedonia. €270.00)

27 th – 29 th ICSH Biennial Social Housing Conference: €632.65 September 2011 Housing Ireland 2020; Solutions for a New (Conf Fee Environment, Galway Bay Hotel, Salthill, Co. €290.00) Galway.

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

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

Contact: Tony Pluck, Corporate Services & IT

Document Pack Page 128 Agenda Item 4

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

APPROVAL OF NOMINATIONS IN ACCORDANCE WITH SECTION 142 (5) OF THE LOCAL GOVERNMENT ACT 2001

Councillors’ Training Seminar: Irish Language Course for Councillors, Seaview Hotel, Gweedore, Co. Donegal, 15 th – 17 th July 2011.

• Cllr Cormac Devlin

Councillors’ Training Seminar: The Councillor & The Local Government Environment Service, Hyland’s Hotel, Ballyvaughan, Co. Clare, 22 nd – 23 rd July 2011.

• Cllr Cormac Devlin • Cllr Gearóid O’Keeffe • Cllr Gerry Horkan • Cllr Tom Joyce

Time Management, Media & IT Skills, Celtic Ross Hotel, Rosscarbery, West Cork, 8th – 10 th July 2011.

• Cllr Gerry Horkan • Cllr Gearóid O’Keeffe

LAMA Autumn Seminar 2011, Clonea Strand Hotel, Dungarvan, Co. Waterford, 23 rd – 24 th September 2011.

• Cllr Marie Baker • Cllr Patricia Stewart • Cllr Donal Marren

The Art of Writing a Press Release; ½ day seminar with Angela Long, Irish Times Training, Irish Times Building, 24 – 28 Tara Street, Dublin 2, 28 th July 2011.

• Cllr Jim O’Dea

Councillors’ Training Seminar: The Local Government Planning Service, West Cork Hotel, Skibbereen, Co. Cork, 12 th – 13 th August 2011.

• Cllr Gearóid O’Keeffe • Cllr Gerry Horkan

A Briefing for Local Authority Members, Current issues in Education, The Kingsvalley Hotel, Merlin Park, Galway City , 25 th – 27 th July 2011.

• Cllr John Bailey • Cllr Maria Bailey

Legislation for the reform of Local Government, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo, 12 th – 14 th August 2011.

• Cllr Pat Hand

Document Pack Page 129 Elected Member’s Training Seminar: Local Government promoting Renewable Energy, The Advantages of Solar Power, Manor West Hotel, Tralee, Co. Kerry, 19 th – 21 st August 2011.

• Cllr Gearóid O’Keeffe

Enhancing Promotional Material & MS Office Troubleshooting, Celtic Ross Hotel, Rosscarbery, West Cork, 2nd – 4 th September 2011.

• Cllr Gearóid O’Keeffe

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

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

Contact: Tony Pluck, Corporate Services & IT

Document Pack Page 130 Agenda Item 5

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

PROPOSED DISPOSAL OF PROPERTIES

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Document Pack Page 132 Agenda Item 5a

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Document Pack Page 136 Agenda Item 5b

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Document Pack Page 140 Agenda Item 6

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

Local Government Act 2001 - Section 19 (3) (a): Casual Vacancy Resulting from the resignation of Aidan Culhane, Labour Party.

Pursuant to Section 19 of the Local Government Act, 2001 a casual vacancy in the membership of Dún Laoghaire Rathdown County Council existed arising from the resignation of Aidan Culhane, Labour Party. The Members were duly notified in writing of the vacancy.

The Members are now being asked to co-opt a person to fill the casual vacancy on Dún Laoghaire Rathdown County Council arising from Aidan Culhanes resignation.

Section 19 of the Local Government Act, 2001 provides that:

19. (1) A casual vacancy in the membership of a local authority occurs -

(a) where section 16 (1) applies,

(b) upon the death or resignation (including deemed resignation by virtue of section 18 (4)) of a member of a local authority.

(c) in such circumstances as are set out in Articles 25, 28 and 124 of the Local Elections Regulations, 1995 (S.I. No. 297 of 1995).

(d) in such circumstances as may be prescribed by regulations made by the Minister under section 27 , or

(e) in such circumstances as are referred to in section 15 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974.

(2) It is the duty of the meetings administrator to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(3) (a) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy and except where paragraph (c) or (d) or (e) of subsection (1) apply, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy.

(b) Where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy (except where paragraph (c) or (d) or (e) of subsection (1) apply) in accordance with such requirements and procedures as may be set out in its standing orders.

(c) A local authority shall in making standing orders consider the inclusion of provisions for the purposes of paragraph (b) .

Document Pack Page 141 4. (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of 14 days from the occurance of the vacancy or as soon after the expiration of the 14 days as circumstances permit.

(b) In this subsection “due notice” means not less than 3 clear days’ notice given in writing to every member of the local authority.

5. A person is not to be proposed at a meeting of the local authority for co- option without his or her prior written consent.

6. A person co-opted to fill a casual vacancy shall be a member of the local authority until the next ordinary day of retirement of members of that local authority unless he or she sooner ceases to be a member.

Tony Pluck, Director of Corporate Services & IT.

Document Pack Page 142 Agenda Item 7

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

APPOINTMENT OF 1 MEMBER TO THE HOUSING STRATEGIC POLICY COMMITTEE

The Council, under Section 48 of the Local Government Act, 2001, approved the membership of the Strategic Policy Committees 2009 – 2014 at the February Council meeting 2010. Minute C/118/10 refers.

A vacancy has arisen on the Housing Strategic Policy Committee due to the resignation of Aidan Culhane on the 13 th June 2011.

Members are requested to approve the filling of the vacancy on the Housing Strategic Policy Committee.

Tony Pluck, Director of Corporate Services & IT

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Document Pack Page 144 Agenda Item 8

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

APPOINTMENT OF 1 MEMBER TO THE PLANNING STRATEGIC POLICY COMMITTEE

The Council, under Section 48 of the Local Government Act, 2001, approved the membership of the Strategic Policy Committees 2009 – 2014 at the February Council meeting 2010. Minute C/118/10 refers.

A vacancy has arisen on the Planning Strategic Policy Committee due to the resignation of Aidan Culhane on the 13 th June 2011.

Members are requested to approve the filling of the vacancy on the Planning Strategic Policy Committee.

Tony Pluck, Director of Corporate Services & IT

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Document Pack Page 146 Agenda Item 9

Planning Department An Rannóg Pleanála Planning Secretariat T. Mahon, Administrative Officer Tel: 01 205 4871

2nd August, 2011 Councillor John Bailey Kilmore Killiney Road Killiney Co Dublin

Re: Proposed Variations No. 4 to the Dún Laoghaire-Rathdown County Development Plan 2010-2016 Core Strategy Section 13 (2) (a) of the Planning and Development Act, 2000 (as amended)

Dear Councillor,

I enclose the Manager’s report under Section 13 (4) of the Planning and Development Act, 2000 on the proposed Variation No. 4 of the County Development Plan 2010 – 2016. This follows the public display period and the 21 submissions received from the public.

You have six weeks (from today) to consider this report which will be a headed item at the September Council meeting.

Motions on the proposed Variation and Manager’s Report must be received in Corporate Services by 10.00a.m. on Friday 2 nd September, 2011.

In order to assist with the preparation of the agenda, motions should be headed “Variation No. 4 – Core Strategy”.

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

In order to facilitate the consideration of the Report and Variation, and to allow sufficient time for the preparation of the Manager’s responses to any motions submitted, Members are requested to submit their motions before the meeting, rather than submitting motions from the floor.

Yours faithfully,

______Tom Mahon, Administrative Officer Encl

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Document Pack Page 148 Core Strategy of the Dún Laoghaire -Rathdown County Development Plan 2010-2016

Manager’s Report on Public Consultation Document Pack Page 149

Manager’s Report on Public Consultation Dún Laoghaire-Rathdown County Council August 2011

DÚN LAOGHAIRE-RATHDOWN DRAFT CORE STRATEGY

COUNTY DEVELOPMENT PLAN 2010-2016 VARIATION NUMBER 4

MANAGER’S REPORT Document Pack Page 150

AUGUST 2011

Table of Contents Part Page No 1. Introduction 2

2. Submission of Minister and Manager’s Response 5

3. Summary of Submissions and Manager’s Response/Recommendation 8

Document Pack Page 151

1 PART 1

INTRODUCTION Document Pack Page 152

2 1. Introduction

Statutory Background to the Manager’s Report This Manager’s Report has been prepared in accordance with the provision of Section 13(4) of the Planning and Development Acts, 2000-2010 and sets out the following:

(i) A list of the persons or bodies who made submissions or observations (i.e. during the public consultation period of the Proposed Variation No.4 to the County Development Plan 2010-2016) (See Appendix A), (ii) Summarises the following from the submissions or observations made under this section: i. Issues raised by the Minister, and ii. Thereafter, issues raised by other bodies or persons, (iii) Gives the response of the Manager to the issues raised taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and of any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

Document Pack Page 153 In the case of each Planning Authority within the GDA, a report under Section 13(4) of the 2000 Act paragraph (a) shall summarise the issues raised and the recommendation made by the NTA (DTA) in its written submission prepared in accordance with section 31D and outline the recommendations of the Manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation. A report under paragraph Section 13(4) (a) shall summarise the issues raised and recommendations made by the relevant regional authority in its written submission prepared in accordance with section 27C and outline the recommendations of the Manager in relation to the manner in which those issues and recommendations should be addressed in the Development Plan. This report is submitted to the Members of Dún Laoghaire-Rathdown County Council for their consideration as part of the process for the consideration of proposed Variation No.4 to the County Development Plan 2010-2016. Members have a period of up to 6 weeks from the date of submission of the Manager’s Report to consider the Manager’s Report. Following consideration of proposed Variation No.4 and the Manager’s Report, the Members may, by resolution accept or amend the proposed Variation. If the Members decide to materially amend the proposed Variation, a further period of public consultation will be necessary.

Contents & Format of This Report Having regard to the provisions of the Planning and Development (Amendment) Act 2010, Part 2 of this Manager’s Report sets out a summary of the submission made by the Minister for the Environment, Community and Local Government, the National Transportation Authority and the Regional Authority, the Manager’s response to the issues raised and a recommendation in relation to each issue/observation.

Part 3 provides a summary of the issues raised in each of the submissions received, the Manager’s response to the issues and a recommendation to each submission/observation. Where the Manager makes a recommendation to change or amend the Plan these are set out in red type .

Public Consultation The Draft Core Strategy, Variation No.4 to the County Development Plan 2010-2016, was put on public display on Wednesday the 8 th of June 2011. Written submissions and/or observations were invited for a 4-week period ending the 6 th of July 2011. During this public consultation period the Council pursued a proactive approach in an attempt to raise awareness of proposed Variation No.4 of the Development Plan among the citizens of the County and other stakeholders in the form of:

• Detailed public notices placed in the Irish Times and Irish Independent advising of the consultation period, where the Variation to the Development Plan could be accessed, advising of Public Open Day times and dates and inviting submissions up to and including the closing date.

• Two Public Open Days were held where a Planning Officer was in attendance at the static displays in Dún Laoghaire and Dundrum to assist the public and others in their consideration of the Plan. The dates were as follows: • County Hall Concourse Thursday 16th June (10.00-14.00 and 16.00-20.00)

• Dundrum Council Office Thursday 23rd June (10.00-14.00 and 16.00-20.00)

3 • The proposed Variation to the County Development Plan was on continuous public display for the duration of the consultation period at the following locations: o The Concourse, County Hall, Dún Laoghaire (9.00-17.00) o Council Offices, Dundrum Office Park (9.30-12.30 and 13.30-16.30)

• The proposed Variation to the Development Plan was available to view or download from the Council’s website, www.dlrcoco.ie and made available at libraries in Blackrock, Cabinteely, Dalkey, Deansgrange, Dún Laoghaire HQ, 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 proposed Variation to the County Development Plan were accommodated through a number of mediums – hard copy and e-mail.

Submissions Received The County Manager would like to take this opportunity to thank everyone who took the time to make a submission to the Draft Core Strategy, and to particularly thank

Document Pack Page 154 those who attended the public information sessions.

During the 4-week consultation period a total of 21 no. submissions were received by the Planning Authority.

4 PART 2

SUBMISSION BY MINISTER FOR THE ENVIRONMENT, COMMUNITY & LOCAL GOVERNMENT, NATIONAL TRANSPORT AUTHORITY AND REGIONAL AUTHORITY & MANAGER’S RESPONSE AND RECOMMENDATIONS

Document Pack Page 155

Key Issue Sub. Name Manager’s Response & Recommendation No.

2. Submission of the Minister of the Environment, Community and Local Government and the NTA

2.1 Regarding the SEA Screening Report: the 4V007 Department of the Submission is noted. Department considers the Planning Authority’s Environment, determination that a full SEA is not required for Community and Local Recommendation : Document Pack Page 156 the Core Strategy is reasonable. Government No Change to Variation

2.2 The Department has no objection to the 4V009 Department of the Submission is noted. proposed Draft Core Strategy. Recommends Environment, that the current status of infrastructural Community and Local Recommendation : constraints on the servicing of zoned housing Government No Change to Variation lands be closely monitored.

2.3 The NTA welcomes the publication of a 4V020 National Transport The Manager notes the submission but would contend that the estimated phasing Core Strategy, which is largely consistent with Authority (NTA) and prioritisation scenario set out in the Core Strategy and its linkage to the the Regional Planning Guidelines. delivery of requisite public transport infrastructure is sufficiently clear and unambiguous. The Planning and Development (Amendment) Act 2010 requires The NTA would request the inclusion of an the Core Strategy to be consistent with the 2010-2022 Regional Planning additional principle for the assessment of Guidelines for the Greater Dublin Area. The Regional Planning Guidelines includes development of areas outside the catchment of a specific objective supporting future development linked to the delivery of the rail corridors. Luas Line B2 extension from Sandyford to Bray:

The submission asserts that the growth nodes “As mostly a metropolitan county, housing delivery should focus on strengthening of Old Conna and part of Kiltiernan Glenamuck the urban form of the county through building up town and district centres at are not proximate to an ‘existing’ rail corridor public transport nodes; continuing sensitive infill to counteract falling population and as such, should be subjected to an order of and declining services, and supporting new housing growth along the key new priority for their release for development. public transport services of the Luas extension from Sandyford to Bray/Fassaroe (in two phases) and upgrades to the DART route through the County.”(RPGs P.97)

The future development of Old Conna is very much predicated on commitments – given under Central Government’s Transport 21 – to further extend the Luas Green Line to the Bray Environs. The Core Strategy is fully consistent with the Regional Planning Guidelines in this regard and the phasing/prioritisation element of the Strategy stresses that the delivery scenario is “ very much predicated on the timely provision of the necessary physical infrastructure..”( P.13)

6 Key Issue Sub. Name Manager’s Response & Recommendation No.

Recommendation : No Change to Variation

Document Pack Page 157

Submission made by Regional Authority: None

7 PART 3

SUMMARY OF SUBMISSIONS AND MANAGER’S RESPONSE AND RECOMMENDATIONS Document Pack Page 158

Key Issue Sub. Name Manager’s Response & Recommendation No.

3. Summary of Submissions and Managers Response

3.1 No objection to the conclusions drawn by 4V001 Inland Fisheries Submission is noted. the Council in respect of the SEA process for Ireland (IFI) the Draft Core Strategy. Recommendation : No Change to Variation Document Pack Page 159

3.2 No comments/observations at this time 4V002 Department of Submission is noted. Communications, Energy and Natural Recommendation : Resources No Change to Variation

3.3 Standard submission – the EPA notes the 4V003 Environmental Submission is noted. The NPWS have already been consulted as part of the position of the Council in relation to the SEA Protection Agency Appropriate Assessment screening process. screening report. Attention is drawn to the (EPA) Council’s obligations in relation to EU Recommendation : environmental legislation and the requirement No Change to Variation to consult with the National Parks and Wildlife Service in relation to Appropriate Assessment screening.

3.4 The NRA wishes to ensure consistency of 4V004 National Roads the Draft Core Strategy with national policy as Authority (NRA) it relates to national roads. The Manager would contend that there is very obvious and rigorous consistency • It would be useful to elaborate in the between the Draft Core Strategy and the “Smarter Travel” document, the Draft Draft Core Strategy as to how the NTA Strategy and the DoECLG Draft Spatial Planning and National Roads strategy links with the objectives of Guidelines. All of the Key Development Areas outlined in the Draft Core Strategy “Smarter Travel” and the forthcoming are proximate to existing or planned rail-based public transport – in the form of NTA Strategy and the DoECLG Draft the Luas Line B1, the planned Luas Line B2 or, in the case of Spatial Planning and National Roads Woodbrook/Shanganagh, a proposed new station on the DART line. Likewise, the Guidelines undeveloped Objective ‘E’ zoned employment lands which are outlined in the Strategy are located adjacent to existing rail-based transport infrastructure, which will enable the promotion of a modal split in favour of public transport.

• There is a lack of clarity on the The Draft Core Strategy includes an estimated Phasing and Prioritisation schedule

9 Key Issue Sub. Name Manager’s Response & Recommendation No. geographical priority and phasing of (page 14), based on the various infrastructure requirements of the identified Key development of residential and Development Areas. As the National Roads Authority will be well aware, whilst employment lands. Local Authorities can make estimates of the possible or likely timelines for delivery of major public transport or water and drainage infrastructure, the reality is that the ultimate decision-making power in relation to funding and approval of such schemes rests with Central Government. Therefore, the phasing and timetabling of the infrastructure required to bring forward the Key Development Areas for development can only be estimated by the Planning Authority.

• Section 7 (on employment zoned The Manager disagrees completely with the assertion outlined opposite, that the lands) of the Draft Core Strategy Draft Core Strategy “ emphasises further the prevalence of car dependency

Document Pack Page 160 “emphasises further the prevalence of commuting within the County ” and suggests that it stems from a misreading of car dependency commuting within the the Draft Core Strategy document and a lack of familiarity with the transportation County ”. No detail is provided for and commuting profile of Dún Laoghaire-Rathdown County as evinced in the phasing and priority of development of Census ‘POWCAR’ dataset, which provides detailed statistical data on commuting employment zoned lands with the patterns. availability of public transport/demand management measures. On the assertion that the Draft Core Strategy “ emphasises further the prevalence of car dependency commuting within the County ” – it is contended that this statement is without foundation. The submission raises the point that 51% of jobs in the County are held by in-commuters and appears to assume that these must be car-based commuters – without resorting to any evidence. An analysis of the commuting patterns in the County demonstrates that, where bus and rail-based public transport are available, the modal share for public transport and the ‘soft modes’ are favourable and that public transport-based options are utilised by in- commuters from other Counties – Wicklow and Dublin City in particular. For example, in the case of Blackrock, a location of significant office development, the modal share for public transport and walking/cycling to work is over 40%. Dun Laoghaire Town registers a modal share of over 35% for public transport and walking/cycling to work. Both areas draw significant numbers of in-commuters from Dublin City and Wicklow by public transport. The focussing of new employment zonings at locations proximate to existing and planned light rail and bus infrastructure is entirely consistent with national policy to reduce the need to travel by private car and to effect a modal shift in favour of public transport and walking/cycling.

On the subject of the phasing of employment zoned lands with the availability of public transport/demand management measures, there is an explicitly clear linkage made in the Core Strategy between the primary undeveloped employment zoned lands (located at Cherrywood/Carrickmines) and the delivery of public transport infrastructure, in the form of Luas Line B1, which is already operational.

Recommendation : No Change to Variation

10 Key Issue Sub. Name Manager’s Response & Recommendation No.

3.5 RPA welcomes the recognition of the 4V005 Railway Procurement The continuing support of the Railway Procurement Agency to the integration of benefits of the Luas Green Line to the County Agency (RPA) strategic land use planning with the commensurate delivery of high quality public and welcomes the commitment to integrate the transports infrastructure is noted and welcomed. development of the Bray Environs (Old Conna/Fassaroe) with the delivery of the Luas The ongoing development and/or redevelopment of a number of key growth areas Line B2 extension. in the County over the last decade – Sandyford, Stepaside, Carrickmines and parts of Cherrywood – has certainly been given impetus by unequivocal RPA strongly supportive of the sustainable commitment from the RPA in relation to the timely delivery of Luas Line B to development of key growth areas proximate to Sandyford (and the subsequent Luas Line B1 Extension to Cherrywood). The both existing and planned sections of the Luas zoning in 2004 of new key growth nodes at Woodbrook/Shanganagh and Old Document Pack Page 161 Green Line network – Sandyford, Stepaside, Conna was likewise very much predicated on commitments – given under Central Carrickmines, Cherrywood, Woodbrook and Old Government’s national transport policy document, ‘Transport 21’ – to further Conna. extend the Luas Green Line to the Bray Environs.

Considers Sandyford UFP area and the planned With regard to the ongoing redevelopment and recasting of the Sandyford Cherrywood SDZ are currently well served by Business District and the pending development of the Cherrywood lands on foot the Luas Green Line and that residential of the imminent SDZ Planning Scheme, the existence of the Luas Green line is development at these two growth nodes should certainly key. However, the light rail system forms only one strand of the wider not be dependent on the delivery of further multi-modal public transport infrastructure network necessary to support the public transport infrastructure. scale of development ultimately envisaged for these two growth nodes. Potential upgrades and improvements to the bus networks currently serving the Sandyford Submission supports decision to include Business District – including the Blue Line BRT and the South Orbital QBC (being Carrickmines as a Level 3 District Centre. proposed under the National Transport Authority’s “2030 Vision for the Greater Considers that the proximity of the area to the Dublin Area” ) – continue to be explored. At this time the Cherrywood lands Ballyogan Wood Stop will be mutually remain relatively poorly served by bus services. These will require significant beneficial both to the District Centre and to network expansion as the implementation and development of the SDZ lands Luas Green Line patronage figures. Suggests moves forward. there may be opportunities to establish more direct accessibility between District Centre and The provison of more direct linkages between The Park, Carrickmines and the Luas Stop. Ballyogan Wood Stop are already currently in train

Recommendation : No Change to Variation

3.6 The Harbour Company welcomes the 4V006 MacCabe Durney The references by the Harbour Company to the compatibility between the publication of the Draft Core Strategy and Barnes on behalf of emerging Harbour Masterplan and the wider strategic objectives of the Draft Core comments at length on the compatibility of the Dún Laoghaire Strategy are noted. Draft Core Strategy with the broad thrust of Harbour Company the comprehensive Masterplan that is currently The Harbour lands are undoubtedly well located both to the adjacent DART/Bus being prepared for Dún Laoghaire Harbour. public transport hub and to the well established community/social infrastructure already present in the core areas of the adjoining Town Centre. The Harbour The Harbour Company welcomes the lands would appear to be well positioned, certainly in spatial terms, to help recognition in the Draft Core Strategy that a support and deliver upon the consolidation imperatives that form a key

11 Key Issue Sub. Name Manager’s Response & Recommendation No. primary objective in settlement hierarchy cornerstone of the Draft Core Strategy. terms is the consolidation of the existing urban area within the County. Submission contends It is noted that the Harbour Masterplan is at a draft stage in its overall evaluation that the lands under the Company’s control and therefore remains a ‘work in progress’ for the time being. offer real potential to help achieve this consolidation objective. The Company Recommendation : considers the Harbour lands enjoy a No Change to Variation particularly high level of accessibility – strategically located as they are adjacent to the DART Station and Bus Terminus – and to the established social/community infrastructure of

Document Pack Page 162 the Town. These locational advantages offer significant opportunities to grow the residential and working population in the area that in time will support the central area of the Town both physically and economically.

3.7 Submission relates to 4V008 Castlethorn Whilst the Manager can appreciate the wishes of the landowner to commence Woodbrook/Shanganagh LAP lands. The author Construction development on residential zoned lands, the fundamental lack of water and of the submission is the owner of c.23ha of drainage infrastructure at Woodbrook/Shanganagh is a reality that cannot be zoned development land in Woodbrook ignored. /Shanganagh. It would not be considered appropriate to entertain a planning application, in the • It is submitted that the short term, on currently unserviced lands, unless there is a clear and verifiable phasing/prioritisation schedule set out timetable for the implementation of services. In the case of in the Core Strategy, which envisages Woodbrook/Shanganagh, the timetable for the delivery of critical water and development in the area commencing drainage infrastructure will be determined by Central Government, subject to the later than other key development availability of requisite finance – the Planning Authority cannot, with any degree areas is “ pessimistic and of certainty at this stage, determine when that will take place. inappropriately prescriptive ”. The submission itself states, correctly, in relation to the provision of infrastructure • The lack of water/drainage/ that “ Departmental approval seems to be required at every major step of the transportation infrastructure in the process ”. This is indeed a feature of the approval process for all infrastructural area should not be used as a rationale schemes advanced through the Water Services Investment Programme and the for delaying development. “ Interim Council is bound by the processes set out by the Department of the Environment, solutions” to the water/drainage Community and Local Government in this regard. deficiencies are proposed. The submission makes reference to certain infrastructural schemes which have • The LAP for the area has been in place the capacity to service the Woodbrook/Shanganagh area in a manner that for 5 years. A further delay for the overstates their level of advancement. The Shanganagh Sub-Catchment Drainage commencement of development is Scheme is referred to – this scheme is at feasibility study phase and has not been unreasonable. subject to any detailed design work. Likewise, the design stage of the Old Connaught/Woodbrook Water and Drainage Study is referred to in the submission • A planning application for as being “ largely complete” - whereas a Preliminary Report has been submitted to

12 Key Issue Sub. Name Manager’s Response & Recommendation No. development on the lands could be the Department of the Environment, Community and Local Government, it has entertained with a condition of yet to be approved and no detailed design work has been completed. permission restricting development until infrastructure is provided. The implementation of a coherent and planned water and drainage network to service the southeastern area of the County is an objective of the Council, as expressed in the projects advanced through the Water Services Investment Programme 2010-2012. The use of interim solutions to serve individual sites in the area would only be appropriate if they are compatible with the long-term Council-planned infrastructural schemes and fulfill all of the relevant environmental and technical criteria.

Document Pack Page 163 Recommendation : No Change to Variation

3.8 With regard to the SEA Screening Report, 4V010 Health Services Submission is noted. The provisions of the Glencullen Local Area Plan (2007) will the submission recommends that the Planning Executive continue to guide development management in the Glencullen area for the Authority strictly adhere to the adopted foreseeable future. Glencullen LAP (2007) in relation to single house wastewater treatment systems and their Recommendation : potential impact on groundwater. No Change to Variation

3.9 No comments on the Draft Core Strategy. 4V011 Department of Submission is noted. Education and Skills Recommendation : No Change to Variation

3.10 Submission avers that as there is a 4V012 Old Connaught The lands in question at Old Connaught were rezoned Objective A1 “ To provide surplus of zoned residential lands in the County District & Community for new residential communities in accordance with approved local area plans” in there should be no development in the Old Association 2003 during the 2004-2010 County Development Plan-making process. The Connaught area and that local residents will be proposal envisages the development of a high quality, sustainable compact village opposing any such proposals. The lands in the straddling the alignment of the planned Luas Line B2 extension from Cherrywood area should be de-zoned and retained as open to Bray/Fassaroe (a major infrastructure project committed to in Central spaces/green belt. Government’s national Transport Policy Document ‘Transport 21’).

In the Old Connaught and Woodbrook / The town of Bray – including its environs and surrounding areas of Fassaroe (Co. Shanganagh areas no development over three Wicklow) and Old Connaught – are identified in the 2010-2022 Regional Planning storeys in height should be permitted. Guidelines as a ‘Metropolitan Consolidation Town’ where significant expansion is planned “.. in association with new public transport provision”. Page 99 of the In support of their submission the objectors Regional Planning Guidelines states that “The extension of the Luas Line into submit a copy of the five page submission Wicklow from Cherrywood opens up new opportunities for both new housing made in 2009 in response to the Draft 2010- areas and supporting consolidation of the urban area of Bray and its environs

13 Key Issue Sub. Name Manager’s Response & Recommendation No. 2016 County Development Plan (Ref D0118). (including the surrounding areas of Fassaroe and Old Conna)”. The Old Connaught lands remain part of the overall strategic residential land supply in Metropolitan Dublin identified in the Regional Planning Guidelines. Their continued inclusion in the Draft Core Strategy is, therefore, entirely consistent with the Regional Planning Guidelines.

The issue of building height in Old Connaught will be determined through the Local Area Plan process. Building height provisions in Woodbrook / Shanganagh have already been determined through the Local Area Plan adopted in 2006.

Recommendation

Document Pack Page 164 No Change to Variation

3.11 With regard to the Cherrywood SDZ 4V013 Treasury Holdings The submission addresses the issues of residential densities and dwelling types in lands, the submission welcomes the Core Cherrywood specifically and suggests that flexibility should be applied in relation Strategy statement that Cherrywood to development proposals in the area and that market demand should be a key “represents the most significant and strategic consideration. These are issues that will be dealt with by the forthcoming SDZ development node in Dún Laoghaire- Planning Scheme for Cherrywood. Rathdown” In general, it is considered that the Housing Strategy, which goes into a far • Core Strategy should ensure a mix greater level of detail regarding the housing type and mix is the most appropriate and flexibility of residential densities vehicle for addressing such issues at a Countywide scale. The Housing Strategy of in Cherrywood the County Development Plan 2010-2016 includes specific policy on housing mix (Section 5.4.4) and housing type (Section 5.4.5). This strategic policy is fleshed • Density ranges should be responsive out further in the County Development Plan 2010-2016, in Section 5.4, to market demands “Categories of House Types, Sizes & Tenures Section”

• Focus development potential where Furthermore, there is extensive government guidance on such matters in the existing communities and form of documents such as ‘Sustainable Residential Development in Urban Areas’, infrastructure exist. ‘Sustainable Urban Housing – Design Standards for New Apartments’ and ‘Quality Housing for Sustainable Communities’ – which provide qualitative and • Infrastructure requirements should be quantitative guidance in relation to residential density, apartment sizes, storage prudently planned in line with a space requirements etc. programme of development roll out.

Recommendation : No Change to Variation

3.12 Submission refers to the Sandyford 4V014 Auveen Byrne The submission relates primarily to a specific site in Sandyford that has been Urban Framework Plan - specifically a site at Associates on behalf proposed for rezoning under the Draft Sandyford Urban Framework Plan. The South County Business Park, adjoining the of Mr. John Maybury Draft Sandyford Urban Framework Plan is currently being progressed as a Central Park Luas station. The site in question Variation to the County Development Plan and is at an advanced stage of the is the subject of proposed rezoning under the variation process. The rationale for the distribution of quantum of development is SUFP, from Objective ‘E’ ‘to provide for set down in Urban Framework Plan document and the supporting background

14 Key Issue Sub. Name Manager’s Response & Recommendation No. economic development and employment’ to papers that were available to the public. Objective A2 ‘to provide for the creation of Sustainable Residential Neighbourhoods, and The submission questions the Draft Core Strategy’s assessment of employment preserve and protect residential amenity in zoned lands and argues that the Sandyford rezonings will result in an Zone 5 of Sandyford Business District’ unacceptable diminution of employment zoned lands in the County. In fact, the overwhelming proportion of Sandyford lands (c.95%) will continue to be zoned for • Objects to the proposed rezoning as it employment purposes. involves transitioning to a “more restrictive” zoning designation The assessment of the sufficiency of employment zoned lands contained in the Core Strategy is a nuanced one. The issue is not as straightforward as perhaps • There is no “need or justification” for a the assessment of residential zoned lands, having regard to the fact that Document Pack Page 165 dedicated residential zone in employment uses are permitted in so many types of zoned land. For example, in Sandyford locational terms, the majority of jobs in the County are not located on Objective ‘E’ employment zoned lands, but rather in a combination of mixed use zones such • Draft Core Strategy is “inconsistent” as Objective ‘MTC’ Major Town Centre and Objective ‘DC’ District Centre. with the SUFP in terms of employment Furthermore, the largest single employer in the County is found on Objective ‘TLI’ zoned land provision. If both SUFP Third Level Institution Lands – the UCD Campus. It is the totality of these and Draft Core Strategy are adopted, ‘employment’ lands that are assessed when considering the employment-related there will be no Objective ‘E’ zoned requirements of the likely future resident population as forecast in the Regional lands remaining in Sandyford. Planning Guidelines.

• The area zoned for employment lands will be reduced in Sandyford on foot of Recommendation : adoption of the SUFP, whilst there is No Change to Variation no requirement for additional residential land to satisfy the Housing Strategy.

• The Core Strategy does not deal with the “ diminished status” of close to 50% of the employment zoned lands - by virtue of the reduction in density and mix of uses in various zones - in the County.

• The Core Strategy does not demonstrate consistency with the Regional Planning Guidelines. It is contended that the assessment of the sufficiency of zoned employment lands is not proven.

15 Key Issue Sub. Name Manager’s Response & Recommendation No. 3.13 The RGDATA submission focuses around 4V015 RGDATA The Manager is satisfied that the Core Strategy has regard to the Retail Planning the inclusion in the updated County Guidelines and with the exception of the District Centre zoned lands at Development Plan of a Level 3 District Centre Carrickmines, is consistent with the Retail Strategy for the Greater Dublin Area at Carrickmines – on a site just 2.5 kilometres 2008-2016. from a 35,000sqm Town Centre planned for Cherrywood and 2 kilometres from the Recommendation : proposed Neighbourhood Centre at Kilternan. No Change to Variation

RGDATA has serious concerns about the overprovision of convenience floorspace in the area well in excess of the area’s need –

Document Pack Page 166 particularly in the context of current economic trends and having regard to the serious level of retail vacancy throughout the County. The submission avers that significant overprovision of convenience retail floorspace will place surrounding catchments under sever pressure and undermine sustainability-driven policies aimed at revitalising existing town centres and villages within Dún Laoghaire-Rathdown.

The submission highlights the location of the Carrickmines site immediately adjacent to the M50 motorway and contends this is contrary to the Retail Planning Guidelines which explicitly cautions against large scale retailing adjacent to national routes. The site is not well serviced by public transport and cannot be accessed easily by pedestrians or cyclists and runs counter to National Transport Strategy and will increase rather than decrease car dependency.

3.14 Core Strategy must result in down/de- 4V016 An Taisce The submission appears to be a generic advice note to Local Authorities from An zoning of inappropriately zoned lands. Taisce. There is no comment specific to Dún Laoghaire-Rathdown County. The Manager would note that the Draft Core Strategy indicates quite clearly a • The use of a phasing approach to reasonable equilibrium in the supply of zoned residential land, as measured in the downzoning is inappropriate where it annual Housing Land Availability Study, and demand as measured by the is clear that there has been a huge household forecasts in the Regional Planning Guidelines for the Greater Dublin oversupply of zoned land. Area. The issue of a “ huge oversupply of zoned land” , whilst it may pertain in certain other Local Authorities does clearly not apply in the case of Dún • Downzoning land from residential to Laoghaire-Rathdown commercial or employment use as a ‘side-step’ to the provision of the 2010 The ‘downzoning’ or ‘dezoning’ of residential land is not proposed in the Draft Act should not be proposed. Core Strategy, as there is no evidence-based rationale to justify it.

16 Key Issue Sub. Name Manager’s Response & Recommendation No.

• The ‘Sequential Approach’ to selecting Recommendation : zoned lands must be used. No Change to Variation

3.15 Submission expresses concern at the 4V017 GVA Planing on The ‘Retail Strategy for the Greater Dublin Area 2008-2016’ was formulated from cautionary approach advocated in the Draft behalf of Tesco data that derives from the 2006 Census – at a time when economic growth was Core Strategy to the provision of additional Ireland Ltd still very buoyant. The future growth projections justifying fairly substantial retail floorspace within the County. additional retail floorspace across the GDA over the period of the Strategy were Submission acknowledges such an approach predicated on a continued State-wide economic buoyancy and a rising consumer Document Pack Page 167 may be necessary for higher order comparison expenditure pattern – during a time of record house completions, strong house goods but that an overcautious approach to price growth, high levels of in-migration following EU enlargement and historically additional retail floorspace can result in an low unemployment figures. The last four years have, however, seen a significant underprovision of facilities, particularly with reversal in all of these indicators. The construction sector is effectively moribund, regard to the weekly convenience shop. levels in in-migration have dropped significantly, unemployment levels have trebled while retail sales values have fallen c.23% below their 2007 peak. It is Submission requests Core Strategy be against this background that the Core Strategy continues to advocate a amended to reflect the findings of the cautionary approach to additional retail floorspace provision in the County for the Preliminary Census 2011 Results (which foreseeable future. identifies that the greatest increase in population is in the south and south west of The Planning and Development (Amendment) Act 2010 requires the Core the County) and ensure that additional retail Strategy to be consistent with the 2010-2022 Regional Planning Guidelines for the floorspace is provided for in these growth Greater Dublin Area – the publication of which pre-dated the 2011 Census. Para areas. 8.6 of the Core Strategy does, however, comment upon the monitoring and review of the GDA Retail Strategy 2008-2016 and identifies that the first biennial Submission notes a number of neighbourhood review of the Strategy should already have been undertaken if the monitoring and commercial centres in the County which commitments in the document are to be delivered upon. Any such review would are underutilised and in need of modernisation require to examine the delivery of the Strategy, permissions granted and possible and expansion. Submission advocates changes to the population and economic indicators used. flexibility in terms of timeframes for the delivery of retail floorspace, its built form and The ‘timeframe’ flexibilities advocated by the submission are already adequately configuration. addressed in the GDA Retail Strategy. The Strategy recognises the significant lead-in times often associated with the delivery of new retail developments and accordingly built-in a 20% additional floorspace ‘headroom’ to reflect retail projects being completed post-2016.

Recommendation : No Change to Variation

3.16 Submission advises that Dundrum Town 4V018 BMA Planning on The ‘Retail Strategy’ for the Greater Dublin Area 2008-2016’ was formulated from Centre Phase 1 is effectively complete and that behalf of Dundrum data that derives from the 2006 Census – at a time when economic growth was a significant Phase 2 was granted planning Town Centre still very buoyant. The future growth projections set out justifying fairly

17 Key Issue Sub. Name Manager’s Response & Recommendation No. permission in 2010 – albeit this project has substantial additional retail floorspace across the GDA, over the period of the been delayed for the foreseeable future. Strategy were predicated on a continued State-wide economic buoyancy and a rising consumer expenditure pattern – during a time of record house completions, Submission seeks clarification in relation to the strong house price growth, high levels of in-migration following EU enlargement ‘cautionary’ approach’ advocated in the Draft and historically low unemployment figures. The last four years have, however Core Strategy to the provision of additional seen a significant reversal in all of these indicators. The construction sector is retail floorspace within the County. effectively moribund, levels of in-migration have dropped significantly, unemployment levels have trebled while retail sales values have fallen c.23% Concerns that Dundrum will not be below their 2007 peak. It is against this background that the Core Strategy undermined by development of excessively continues to advocate a cautionary approach to additional retail floorspace large out-of-centre developments which can provision in the County for the foreseeable future. Indeed, the acknowledged

Document Pack Page 168 undermine the retail hierarchy and that delay in implementing the extant planning permission for Phase 2 of Dundrum designation of new retail centres below the Town Centre is of itself perhaps reflective of the changed retail environment that level of Major Town Centre should be permitted currently pertains not only in Dún Laoghaire-Rathdown but nationally. only where there is a defined needs based on a quantitative assessment of local population In any assessment of new retail development proposals the Planning Authority catchment appropriate to that centre. will be guided by the DLR Retail Hierarchy contained in the Draft Core Strategy and the assessment criteria set out in the Retail Planning Guidelines (2005). Indeed the 2010-2016 County Development Plan Policy RET14: Assessment of Retail Proposals – requires applications for new retail development to inter alia:

• Provide a detailed retail impact assessment to accompany the application where appropriate • Demonstrate the need for the additional retail space

Recommendation : No Change to Variation

3.17 Core Strategy should be amended to 4V019 GVA Planning on The Planning and Development (Amendment) Act (2010) legislation on which the account for: behalf of Mr. Rod Core Strategy is based states a requirement for aligning County Development McGovern Plans with regional and national population targets. These targets are set by the • Preliminary results of the 2011 Census Department of the Environment, Community and Local Government which are in turn based on population projections produced by the CSO. It is anticipated that, • Age and growth profile of Dún following more detailed analysis of Census 2011 data, revised population targets Laoghaire-Rathdown for the Greater Dublin Area will emerge in the medium-term. The Planning Authority must ensure consistency with the Regional Planning Guidelines’ regional • Suitability of vacant units to meet population targets. It would be inappropriate and premature to amend the Draft latent market demand Core Strategy in advance of any formal amendment to the regional targets.

• Opportunities that permitting With regards to the issue of Dún Laoghaire-Rathdown’s age demographic and its alternative types of development on implications for housing policy generally and with regard to retirement villages other lands can present – e.g. specifically – it is considered that the Housing Strategy, which goes into a far retirement villages greater level of detail regarding the housing needs of persons with special requirements, including older people, is the most appropriate vehicle for

18 Key Issue Sub. Name Manager’s Response & Recommendation No. addressing the issue. The Housing Strategy of the County Development Plan 2010-2016 includes specific policy on housing for older persons (Section 5.3.1.3).

Recommendation : No Change to Variation

3.18 Cherrywood Properties are the owners of 4V021 Cherrywood The Planning Scheme for the Cherrywood SDZ is presently under preparation and c.400 acres of land within the Cherrywood Properties will be published early next year. The Planning Scheme will address the issue of Document Pack Page 169 SDZ. the phasing of development within the Cherrywood lands.

The submission focuses on two main points – The Core Strategy acknowledges that the designation of Carrickmines as a Level an argument in favour of ‘priority status’ for 3 District Centre is not consistent with the Retail Planning Strategy for the GDA - the Cherrywood SDZ as a key development “the only deviation between the GDA Retail Strategy and the County area and the lack of a rationale advanced in Development Plan relates to the inclusion of an additional Level 3 District Centre the Core Strategy for the zoning designation of at Carrickmines” (P.18) Carrickmines as a ‘District Centre’. The Department of the Environment, Community and Local Government, on behalf of the Minister have made a submission on the Core Strategy (see submission 4V009), accepting the fundamentals of the proposed Strategy and offering no objection to the proposals in regard to the proposed retail hierarchy.

Submission is noted.

Recommendation : No Change to Variation

Manager’s Recommendation to make minor amendments to the Draft Core Strategy:

(i) Correct a typographical error on page 11, Section 5.1.6 Amend the text “Projected resident population could ultimately be in the order of 35,000.” To read “Projected resident population could ultimately be in the order of 30,000 .”

(ii) Add a footnote to the “Disposition & Estimated Phasing/Delivery of Residential Units” table, Page 14, to refer to the Cherrywood SDZ lands to read: 'All figures in relation to Cherrywood are estimates only, until the adoption of the SDZ Planning Scheme'. Document Pack Page 170

20 APPENDIX A

Submissions – VARIATION No. 4: CORE STRATEGY

Ref. No. Name Organisation Topic 4V001 William Walsh Inland Fisheries Ireland No objections to SEA process. 4V002 Carmel Conaty Co-ordination Unit, Dept. of No comments/observations.

Document Pack Page 171 Communications, Energy & Natural Resources 4V003 Cian O’Mahony Environmental Protection Agency • SEA Determination; • Future Amendments to Draft Plan; • Infrastructure planning; • Appropriate Assessment; • Obligations with respect to National Plans and Policies and EU Environmental Legislation; • Environmental Authorities. 4V004 Tara Spain National Roads Authority Consistency of the Draft Core Strategy with National policy, especially National roads and transport. 4V005 David King Railway Procurement Agency Public transport / LUAS Green Line. 4V006 Terry Durney MacCabe Durney Barnes on behalf of Dún Laoghaire Harbour / Harbour Masterplan. clients: Dún Laoghaire Harbour Company 4V007 Eoin Bennis Planning System & Spatial Policy, Dept. of No comments/observations on screening reports. Environment, Community & Local Government 4V008 James Leonard Castlethorn Construction • Prioritisation approach • Infrastructural issues • Water supply • Foul Drainage • Public Transport • Social & Community Infrastructure • Roads Infrastructure. 4V009 Eoin Bennis Planning System & Spatial Policy, Dept of Monitoring of the current infrastructural constraints on Environment, Community & Local the servicing of zoned housing lands in the County. Government

21 Ref. No. Name Organisation Topic 4V010 Dora Cronin Environmental Health Service, HSE Dublin Strictly adhere to the adopted Glencullen LAP (2007) in Mid-Leinster relation to single house wastewater treatment systems and their potential impact on groundwater. 4V011 Clare Connolly Department of Education & Skills No comments/observations. 4V012 Karin O’Loan Old Connaught District & Community • Opposition to future development in the area; Association • Provision of the green belt; • De-zoning of land to open space; • Restriction in building height. 4V013 Sorcha Turnbull Treasury Holdings • Cherrywood SDZ • Potential for future development.

Document Pack Page 172 4V014 Auveen Byrne Auveen Byrne on behalf of John Maybury • Lands zoned for residential development • Lands zoned for employment development. 4V015 Carmel Egan RGDATA Retail and Retail Planning Guidelines 4V016 Ian Lumley An Taisce • De-/down-zoning of inappropriately zoned lands; • Adherence to environmental constraints. 4V017 Aine Burke GVA Planning on behalf of Tesco Ireland Provision of additional retail floor space. 4V018 John Murphy BMA Planning on behalf of Dundrum Town Dundrum Town Centre designation Centre (Crossridge Investments Ltd.) 4V019 Paul O’Neill GVA Planning on behalf Rod McGovern • Housing • Alternative types of development on other lands.

22 APPENDIX A (AMENDED)

Submissions – VARIATION No. 4: CORE STRATEGY

Ref. No. Name Organisation Topic 4V001 William Walsh Inland Fisheries Ireland No objections to SEA process. 4V002 Carmel Conaty Co-ordination Unit, Dept. of No comments/observations. Communications, Energy & Natural

Document Pack Page 173 Resources 4V003 Cian O’Mahony Environmental Protection Agency • SEA Determination; • Future Amendments to Draft Plan; • Infrastructure planning; • Appropriate Assessment; • Obligations with respect to National Plans and Policies and EU Environmental Legislation; • Environmental Authorities. 4V004 Tara Spain National Roads Authority Consistency of the Draft Core Strategy with National policy, especially National roads and transport. 4V005 David King Railway Procurement Agency Public transport / LUAS Green Line. 4V006 Terry Durney MacCabe Durney Barnes on behalf of Dún Laoghaire Harbour / Harbour Masterplan. clients: Dún Laoghaire Harbour Company 4V007 Eoin Bennis Planning System & Spatial Policy, Dept. of No comments/observations on screening reports. Environment, Community & Local Government 4V008 James Leonard Castlethorn Construction • Prioritisation approach • Infrastructural issues • Water supply • Foul Drainage • Public Transport • Social & Community Infrastructure • Roads Infrastructure. 4V009 Eoin Bennis Planning System & Spatial Policy, Dept of Monitoring of the current infrastructural constraints on Environment, Community & Local the servicing of zoned housing lands in the County. Government 4V010 Dora Cronin Environmental Health Service, HSE Dublin Strictly adhere to the adopted Glencullen LAP (2007) in

1 Ref. No. Name Organisation Topic Mid-Leinster relation to single house wastewater treatment systems and their potential impact on groundwater. 4V011 Clare Connolly Department of Education & Skills No comments/observations. 4V012 Karin O’Loan Old Connaught District & Community • Opposition to future development in the area; Association • Provision of the green belt; • De-zoning of land to open space; • Restriction in building height. 4V013 Sorcha Turnbull Treasury Holdings • Cherrywood SDZ • Potential for future development. 4V014 Auveen Byrne Auveen Byrne on behalf of John Maybury • Lands zoned for residential development

Document Pack Page 174 • Lands zoned for employment development. 4V015 Carmel Egan RGDATA Retail and Retail Planning Guidelines 4V016 Ian Lumley An Taisce • De-/down-zoning of inappropriately zoned lands; • Adherence to environmental constraints. 4V017 Aine Burke GVA Planning on behalf of Tesco Ireland Provision of additional retail floor space. 4V018 John Murphy BMA Planning on behalf of Dundrum Town Dundrum Town Centre designation Centre (Crossridge Investments Ltd.) 4V019 Paul O’Neill GVA Planning on behalf Rod McGovern • Housing • Alternative types of development on other lands. 4V020 Conor O’Donovan National Transport Authority Transport strategy. 4V021 Ray Ryan BMA Planning on behalf of Cherrywood Priority status for Cherrywood SDZ. Properties Carrickmines as a “District Centre”.

2 Agenda Item 9a

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys “That the strategy include a table of abbreviations at the start.”

Report The Manager agrees with this Motion and recommends that a table of abbreviations be included as part of the introduction to the document.

Recommendation Add the following table to after the ‘Table of Contents’ page of the Core Strategy document:

AA Appropriate Assessment BRT Bus Rapid Transit cACA Candidate Architectural Conservation Area CDP County Development Plan cSAC Candidate Special Area of Conservation CSO Central Statistics Office DART Dublin Area Rapid Transit DC District Centre DLR Dún Laoghaire-Rathdown DLRCC Dún Laoghaire-Rathdown County Council DoEHCG Department of the Environment, Community and Local Government DTO Dublin Transportation Office ED Electoral Division EPA Environmental Protection Agency GDA Greater Dublin Area GIS Geographic Information Systems HAD Habitats directive Assessment HLAS Housing Land Availability Study HRI Horse Racing Ireland LAP Local Area Plan MTC Major Town Centre NC Neighbourhood Centre NHA Natural Heritage Area NPWS National Parks and Wildlife Service NRA National Roads Authority NSS National Spatial Strategy NTA National Transport Authority pNHA Proposed Natural Heritage Area pSPA Proposed Special Protection Area QBC Quality Bus Corridor QBN Quality Bus Network RPA Rail Procurement Agency

Document Pack Page 175

RPG Regional Planning Guidelines RPS Record of Protected Structures S2S Sutton to Sandycove Cycleway SAC Special Area of Conservation SDZ Strategic Development Zone SEA Strategic Environmental Assessment SPA Special Protection Area UFP Urban Framework Plan

Contact: Kathleen Holohan, Director of Planning

Document Pack Page 176 Agenda Item 9b

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys

“That the Manager amend p 3 of the Core strategy by adding a new para “1.2.2 This strategy may be referred to as the Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.”

Report The Manager agrees with this Motion.

Recommendation Amend the Core Strategy document as follows:

On Page 3 add the following paragraph:

1.2.2 “This strategy may be referred to as the Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016.”

Contact: Kathleen Holohan, Director of Planning

Document Pack Page 177 This page is intentionally left blank

Document Pack Page 178 Agenda Item 9c

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys

“That the Strategy be amended by increasing Map 2.1 on p 5 to full page size so that it is clearly legible.”

Report The Manager does not agree with this Motion.

The map on page 5 is the ‘Urban Settlement Hierarchy’ map which already appears in full size on page 13 of the County Development Plan 2010-2016. The Core Strategy document, as a Variation of the County Development Plan is intended to be read in conjunction with the Plan. The inclusion of the ‘Urban Settlement Hierarchy’ map, and other relevant images in the document are simply for illustrative purposes.

The intention with regards to the layout of the document was to provide illustration as a means of improving the visual appearance and readability of the document and also to keep the document as brief and concise as possible while fulfilling the statutory requirements as regards its contents.

The only original map in the Core Strategy document is the ‘Core Strategy Map’, on page 26. This is the key map associated with the document and is presented in full size.

Recommendation No change to Draft Plan

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 180 Agenda Item 9d

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys

“That the map on p 6 be numbered Map 2.2 and increased in size to full page.”

Report The Manager does not agree with this Motion.

The map on page 6 is the ‘Regional Planning Guidelines Settlement Hierarchy’ map which appears in full size on both page 11 of the County Development Plan 2010- 2016 and in the Regional Planning Guidelines document on page 89. The Core Strategy document, as a Variation of the County Development Plan is intended to be read in conjunction with the Plan. The inclusion of the ‘Regional Planning Guidelines Settlement Hierarchy’ map, and other images in the document are simply for illustrative purposes.

The only original map in the Core Strategy document is the ‘Core Strategy Map’, on page 26. This is the key map associated with the document and is presented in full size.

Recommendation No change to Draft Plan

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 182 Agenda Item 9e

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys

“That the map on p 16 be numbered map 7.1 and increased in size to full page.”

Report The Manager agrees with this Motion.

The map on page 16 is the ‘Employment Zoned Lands’ in the County as in the County Development Plan 2010-2016. While these zonings are represented in the County Development Maps, a separate map of the Objective ‘E’ zoned lands is not represented in the County Development Plan.

While the map is for illustrative purposes – it is not proposed to amend the employment zonings - as a full size version of the map is not available in County Development Plan or any other document, it may be useful to increase the size of the map to improve legibility.

Recommendation Increase the map on page 16 - ‘Employment Zoned Lands’ – to full size.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 184 Agenda Item 9f

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 4 Core Strategy of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor Richard Humphreys

“That the map on p 26 be moved to after p 3 and numbered map 1.1.”

Report The Manager does not agree with this Motion.

The map on page 26 – the ‘Core Strategy Map’ – is the main map associated with the Core Strategy document and illustrates the settlement hierarchy for the County along with the main transport corridors, third level institutions and flagship parks.

The map is the ‘culmination’ of the preceding chapters of the document and it is considered appropriate to locate the map at the end of the document. There is a long established convention with land use planning documents that the mapping element is included at the end of the document, with the rationale and explanatory text preceding the maps.

Recommendation No change to Draft Plan

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 186 Agenda Item 10

Planning Department An Rannóg Pleanála Planning Secretariat T. Mahon, Administrative Officer Tel: 01 205 4871 2nd August, 2011

An Cathaoirleach John Bailey Kilmore, Killiney Road, Killiney, Co. Dublin

Re: Proposed Variations No. 5 to the Dún Laoghaire-Rathdown County Development Plan 2010-2016 Building Height Strategy Section 13 (2) (a) of the Planning and Development Act, 2000 (as amended)

Dear An Cathaoirleach,

I enclose the Manager’s report under Section 13 (4) of the Planning and Development Act, 2000 on the proposed Variation No. 5 of the County Development Plan 2010 – 2016. This follows the public display period and the 11 submissions received from the public.

You have six weeks (from today) to consider this report which will be a headed item at the September Council meeting.

Motions on the proposed Variation and Manager’s Report must be received in Corporate Services by 10.00a.m. on Friday 2 nd September, 2011.

In order to assist with the preparation of the agenda, motions should be headed “Variation No. 5 – Building Height Strategy”.

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

Yours faithfully,

Tom Mahon ______Tom Mahon, Administrative Officer Encl

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Document Pack Page 187 Planning Department An Rannóg Pleanála Planning Secretariat T. Mahon, Administrative Officer Tel: 01 205 4871

2nd August, 2011

TO EACH COUNCILLOR

Re: Proposed Variations No. 5 to the Dún Laoghaire-Rathdown County Development Plan 2010-2016 Building Height Strategy Section 13 (2) (a) of the Planning and Development Act, 2000 (as amended)

Dear Councillor,

You have six weeks (from today) to consider this report which will be a headed item at the September Council meeting.

Motions on the proposed Variation and Manager’s Report must be received in Corporate Services by 10.00a.m. on Friday 2 nd September, 2011.

In order to assist with the preparation of the agenda, motions should be headed “Variation No. 5 – Building Height Strategy”.

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

Yours faithfully,

Tom Mahon ______Tom Mahon, Administrative Officer Encl

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Document Pack Page 188

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Document Pack Page 190 Document Pack Page 191

DÚN LAOGHAIRE-RATHDOWN DRAFT BUILDING HEIGHTS STRATEGY

COUNTY DEVELOPMENT PLAN 2010-2016 VARIATION NUMBER 5

Document Pack Page 192 MANAGER’S REPORT

AUGUST 2011

Table of Contents Part Page No 1. Introduction 2

2. Submission of Minister and Manager’s Response 5

3. Summary of Submissions and Manager’s Response/Recommendation 7

Document Pack Page 193

PART 1

INTRODUCTION Document Pack Page 194

1. Introduction

(i) A list of the persons or bodies who made submissions or observations (i.e. during the public consultation period of the Proposed Variation No.5 to the County Development Plan 2010-2016) (See Appendix A), (ii) Summarises the following from the submissions or observations made under this section: i. Issues raised by the Minister, and ii. Thereafter, issues raised by other bodies or persons, (iii) Gives the response of the Manager to the issues raised, 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.

Document Pack Page 195 In the case of each Planning Authority within the GDA, a report under Section 13(4) of the 2000 Act paragraph (a) shall summarise the issues raised and the recommendation made by the NTA (DTA) in its written submission prepared in accordance with section 31D and outline the recommendations of the Manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation. A report under paragraph Section 13(4) (a) shall summarise the issues raised and recommendations made by the relevant regional authority in its written submission prepared in accordance with section 27C and outline the recommendations of the Manager in relation to the manner in which those issues and recommendations should be addressed in the Development Plan. This report is submitted to the Members of Dún Laoghaire-Rathdown County Council for their consideration as part of the process for the consideration of proposed Variation No.5 to the County Development Plan 2010-2016. Members have a period of up to 6 weeks from the date of submission of the Manager’s Report to consider the Manager’s Report. Following consideration of proposed Variation No.5 and the Manager’s Report, the Members may, by resolution accept or amend the proposed Variation. If the Members decide to materially amend the proposed Variation, a further period of public consultation will be necessary.

Public Consultation The Draft Building Heights Strategy, Variation No.5 to the County Development Plan 2010-2016, was put on public display on Wednesday the 8 th of June 2011. Written submissions and/or observations were invited for a 4 week period ending the 6 th of July 2011. During this public consultation period the Council pursued a proactive approach in an attempt to raise awareness of proposed Variation No.5 of the Development Plan among the citizens of the County and other stakeholders in the form of:

• Dundrum Council Office Thursday 23rd June (10.00-14.00 and 16.00-20.00)

• The proposed Variation to the County Development Plan was on continuous public display for the duration of the consultation period at the following locations: o The Concourse, County Hall, Dún Laoghaire (9.00-17.00) o Council Offices, Dundrum Office Park (9.30-12.30 and 13.30-16.30)

• Submissions/observations in respect of the proposed Variation to the County Development Plan were accommodated through a number of mediums – hard copy and e-mail.

Submissions Received The County Manager would like to take this opportunity to thank everyone who took the time to make a submission to the Draft Building Heights Strategy, and to

Document Pack Page 196 particularly thank those who attended the public information sessions.

During the 4-week consultation period a total of 11 no. submissions were received by the Planning Authority.

PART 2

SUBMISSION BY MINISTER FOR THE ENVIRONMENT, COMMUNITY & LOCAL GOVERNMENT, NATIONAL TRANSPORT AUTHORITY AND REGIONAL AUTHORITY & MANAGER’S RESPONSE AND RECOMMENDATIONS

Document Pack Page 197

Key Issue Sub. Name Manager’s Response & Recommendation No.

2. Submission of the Minister of the Environment, Community and Local Government and the NTA

2.1 The Department has no 5V006 Department of the Submission is noted. observations/comments in reference to the Environment, SEA Screening process. Community and Local Recommendation : Document Pack Page 198 Government No Change to Variation

2.2 The Department has no 5V007 Department of the The Manager would note that the “current infrastructural constraints” that affect observations/comments in reference to the Environment, the zoned, but yet unserviced lands in the South-eastern area of the County have substantive issues of the Building Heights Community and Local been the subject of long-awaited infrastructural funding decisions from the Strategy, except to recommend that the Government Department of the Environment, Community and Local Government. While the current infrastructural constraints on the Local Authority is obviously in a position to “closely monitor” this situation, it is servicing of zoned lands be closely monitored not in a position to influence it in any meaningful way. to ensure that, in the event of an upturn in the housing market, there will be an adequate Recommendation : supply to meet demand. No Change to Variation

2.3 The NTA advise that the Draft Building 5V011 National Submission is noted. Heights Strategy is consistent with the policies Transportation and objectives of the Draft Greater Dublin Area Authority (NTA) Recommendation : Transport Strategy 2011-2030. No Change to Variation

The Authority welcomes the inclusion of the policy which encourages high density developments in areas of high public transport accessibility.

Submission made by Regional Authority: None

PART 3

SUMMARY OF SUBMISSIONS AND MANAGER’S RESPONSE AND RECOMMENDATIONS Document Pack Page 199

Key Issue Sub. Name Manager’s Response & Recommendation No.

3. Summary of Submissions on the Draft Building Heights Strategy and Manager’s Response

3.1 No objection to make regarding the SEA 5V001 Inland Fisheries Submission is noted. Screening process. IFI requests inputs in Ireland (IFI) relation to any developments that may have an Recommendation : Document Pack Page 200 impact on surface waters in the County. No Change to Variation

3.2 No comments/observations to make 5V002 Department of Submission is noted. regarding the SEA screening process. Communications, Energy and Natural Recommendation : Resources No Change to Variation

3.3 Standard submission – the EPA notes the 5V003 Environmental Submission is noted. The NPWS has already been consulted as part of the position of the Council in relation to the SEA Protection Agency Appropriate Assessment screening process. Screening Report. Attention is drawn to the (EPA) Council’s obligations in relation to EU Recommendation : environmental legislation and the requirement No Change to Variation to consult with the National Parks And Wildlife Services (NPWS) in relation to Appropriate Assessment screening.

3.4 Submission is supportive of the Draft 5V004 Railway Procurement The Manager agrees with the submission. The Draft Building Heights Strategy Building Heights Strategy. Note that if the N11 Agency (RPA) states that an ‘Upward Modifier’ (a situation where a minor modification upwards Corridor is mentioned as a public transport in height may be appropriate) could be considered in certain circumstances, corridor in the Building Heights Strategy, the including where there is proximity to Luas corridors: Luas Green Line corridor could perhaps also be referred to. The RPA note that the location of “(where)..A development would contribute to the promotion of higher densities in taller buildings may be appropriate in proximity areas with exceptional public transport accessibility, whilst retaining and to high capacity public transport routes. enhancing high quality residential environments. (Areas with exceptional public transport accessibility are defined as areas within a 500m walkband on either side of the Luas corridor, a 500m walkband around the DART stations, a 500m walkband on either side of the N11 and 100m walkband on either side of a QBC). Densities should be higher adjacent to these corridors and nodes and grade down towards neighbouring areas so that they are lower in close proximity to residential areas.” P.28

Key Issue Sub. Name Manager’s Response & Recommendation No.

Recommendation : No Change to Variation

3.5 Harbour Company welcomes the 5V005 Dun Laoghaire The Draft Building Heights Strategy states that “ local plans are the most publication of the Variation. Building height will Harbour Company appropriate vehicle for providing the kind of fine-grained analysis which can be a “ key consideration” in setting out an determine if taller buildings are appropriate or not to any given location”. appropriate urban design framework for the Harbour Masterplan. The Company looks It is anticipated that the forthcoming Local Area Plan for Dun Laoghaire will state forward to contributing to the forthcoming policy on building height for the town and its environs. It will be via this statutory Document Pack Page 201 Local Area Plan for Dun Laoghaire in relation to process that the Harbour Masterplan proposals on building height will be building height and the Masterplan will form assessed. the basis of the submission. Submission is noted. In the meantime, the Company requests that the heights specified in the Masterplan Recommendation : (ranging from three to six storeys) be No Change to Variation considered by the Council as the Company’s “thinking on the matter”.

3.6 Expresses agreement with the proposed 5V008 Health Services Submission is noted. Variation. Executive (HSE) Recommendation : No Change to Variation

3.7 See 3.8 below. 5V009 Submission is noted. (duplication) Recommendation : No Change to Variation

3.8 The image on page 25, representing 5V010 Kill Abbey Residents The Manager agrees with this submission. As the Draft Building Heights Strategy proposed building height in Deansgrange, is Association was initially prepared some months ago, for internal consultation, the most up-to- from the Draft Deansgrange Local Area Plan date versions of the Deansgrange and Sandyford maps were included, purely for and not the adopted Plan. The Adopted graphic representation – the Building Height Strategy is clear that it is at the local Deansgrange Local Area Plan building height plan level that the detailed policy on building height is set, for both Sandyford and map differs from the map prepared at draft Deansgrange. Nevertheless, for the sake of clarity, the most up-to-date, adopted stage, and it is the adopted version of the map versions of both maps should be included in the finalised Building Heights that should be included, so as not to be Strategy document. misleading. Recommendation : Amend the Draft Building Heights Strategy as follows:

Key Issue Sub. Name Manager’s Response & Recommendation No.

Replace the images of maps from the Draft Deansgrange Local Area Plan and the Draft Sandyford Urban Framework Plan (pages 24 and 25) with images from the adopted plans (when available).

Document Pack Page 202

APPENDIX A

Submissions – VARIATION No. 5: BUILDING HEIGHTS STRATEGY

Ref. No. Name Organisation Topic 5V001 William Walsh Inland Fisheries Ireland No objection, reminder to be kept informed of future developments. 5V002 Carmel Conaty Co-ordination Unit, Dept. of No comments/observations.

Document Pack Page 203 Communications, Energy & Natural Resources 5V003 Cian O’Mahony Environmental Protection Agency • SEA Determination; • Future Amendments/Variation to the Draft Plan; • Infrastructure Planning; • Appropriate Assessment; • Obligations to National Plans and Policies and EU Environmental Legislation. 5V004 David King Railway Procurement Agency Supportive of taller buildings adjacent to high capacity public transport routes. 5V005 Terry Durney MacCabe Durney Barnes on behalf of Dún Dún Laoghaire Harbour / Harbour Masterplan Laoghaire Harbour Company 5V006 Eoin Bennis Planning System & Spatial Policy, Dept. of No observations / comments. Environment, Community & Local Screening Report Government 5V007 Eoin Bennis Planning System & Spatial Policy, Dept. of Continual examination of the current infrastructural Environment, Community & Local constraints on the servicing of zoned housing lands. Government 5V008 Dora Cronin Environmental Health Service, HSE Dublin Agreement with the proposed Variation. Mid-Leinster 5V009 Eamonn Cahill, Kill Abbey Residents’ Association Adopted version of the map used for the Deansgrange 5V010 Chairman Local Area Plan. 5V011 Colin Clarke National Transport Authority Consistent with the policies and objectives of the Draft Greater Dublin Area Transport Strategy, 2011-2030.

*Late submission received from Dublin Airport Authority (DAA) dated 11 th July 2011 regarding the need for proposals for all tall buildings to be referred to the DAA for consideration.

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Document Pack Page 204 Agenda Item 10a

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys “That the Manager on page 5 of the draft strategy, at the end of para 1.1 insert a new para “This strategy may be referred to as the Building Heights Strategy 2011- 2016. On the adoption of this strategy, appendix 1 of the County Development Plan shall cease to have effect.”

Report The Manager agrees with this Motion.

Recommendation On page 5 of the Draft Building Heights Strategy, at the end of paragraph 1.1 insert a new paragraph as follows:

“This strategy may be referred to as the Building Heights Strategy 2011-2016. On the adoption of this strategy, Appendix I of the County Development Plan shall cease to have effect.”

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 206 Agenda Item 10b

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the Manager on page 26 para 4.3 after “Specific building height ranges are outlined in the Masterplan.” Insert “The construction of housing and/or educational development to the heights referred to in the Masterplan will be subject to ensuring that they do not have a detrimental impact on residential amenity of locations situated outside UCD campus.”

Report The Manager agrees with this Motion.

Recommendation Amend the Draft Building Heights Strategy as follows: on Page 26 paragraph 4.3 after “Specific building height ranges are outlined in the Masterplan.”, Insert:

“The construction of housing and/or educational development to the heights referred to in the Masterplan will be subject to ensuring that they do not have a detrimental impact on residential amenity of locations situated outside UCD campus.”

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 208 Agenda Item 10c

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the Manager on page 28, 2 nd paragraph, after “within the terms laid out in this document.”, make the rest of the paragraph a separate paragraph and change “of 3- 4 storeys” to “to a maximum of 3-4 storeys”.

Report The Manager agrees with this Motion. It is considered that the building height policy for residual suburban areas not included within ‘cumulative areas of control’ effectively implies that the provision for apartment/townhouse development heights of 3-4 storeys is a maximum. The Manager agrees that the policy could be stated more clearly, as outlined in the motion.

Recommendation Amend the Draft Building Heights Strategy as follows: On page 28, 2 nd paragraph, after the text “within the terms laid out in this document.”, make the rest of the paragraph a separate paragraph and change “of 3-4 storeys” to “to a maximum of 3- 4 storeys”.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 210 Agenda Item 10d

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the Manager on page 28 3rd paragraph change first sentence to “This maximum height (3-4 storeys) for certain developments clearly cannot apply in every circumstance referred to above.”

Report The Manager agrees with this Motion.

Recommendation Amend the Draft Building Heights Strategy as follows: On page 28, 3 rd paragraph change first sentence to “This maximum height (3-4 storeys) for certain developments clearly cannot apply in every circumstance referred to above.”

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 212 Agenda Item 10e

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the Manager on page 28, 3 rd paragraph, final sentence after “The presumption is that any increase” insert “or decrease”.

Report The Manager agrees with this Motion.

Recommendation Amend the Draft Building Heights Strategy as follows: On page 28, 3 rd paragraph, final sentence after “The presumption is that any increase” insert “or decrease”.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 214 Agenda Item 10f

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the Manager on Page 28 at the end of the 3 rd paragraph insert “Particular importance will be placed on item 1 on the list of downward modifiers, where it applies.”

Report The Manager agrees with this Motion.

Recommendation Amend the Draft Building Heights Strategy as follows: On page 28, at the end of the third paragraph insert “Particular importance will be placed on item 1 on the list of downward modifiers, where it applies.”

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 216 Agenda Item 10g

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the strategy be printed in at least 12 point type.”

Report The Manager does not agree with this Motion.

The document is printed in 10-point type. The rationale behind the layout was twofold – firstly, to present a document that had as much imagery and graphics as possible, to illustrate the themes discussed and improve readability; and secondly to keep the document brief and concise. The document runs to 34 pages with a 10- point type.

Increasing the font size to 12-point type will involve significant resources and will require a completely revised layout of the entire document. In addition, an increase in font size will lengthen the document to c.50 pages.

In response to the issues raised in the Motion, the Manager suggests that the hard copy versions of the document, for inspection and for sale at the Council offices be made available in A3 size format to improve legibility and the versions available on the internet be increased substantially in resolution.

It is worth noting that the Planning Department has not received any comments/complaints from members of the public or organisations regarding legibility of the document.

Recommendation No change to Draft Plan

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 218 Agenda Item 10h

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 5 Building Heights Strategy of the Dún Laoghaire- Rathdown County Development Plan 2010-2016.

Motion: Councillor Richard Humphreys

“That the strategy be amended by a significant increase in the size of illegible maps and indistinct photographs such as those on pages 6 and 7.”

Report The Manager does not agree with this Motion.

It is worth noting that the Planning Department has not received any comments/complaints from members of the public or organisations regarding legibility of the document.

Recommendation No change to Draft Plan

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 220 Agenda Item 11

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

ADOPTION OF DÚN LAOGHAIRE-RATHDOWN MEMORIALS POLICY

The proposed draft policy Council Memorial Policy deals with Civic Memorials and Community and Family Memorials. The Environment, Culture and Community SPC first proposed this policy in March 2010. Subsequent to this it was put before each of the Local Area Committees, while the draft policy was also put on public display for comments earlier this year. At the June SPC meeting the policy was approved and is being put before the Council for adoption.

It is recommend:

“That this Council resolve to adopt the Council Memorial Policy.”

Richard Shakespeare Director of Environment, Culture and Community

Document Pack Page 221

DRAFT COUNCIL MEMORIAL POLICY

PRESENTED TO COUNCIL FOR ADOPTION ON SEPTEMBER 12, 2011.

Document Pack Page 222

Draft Memorial Policy for Dún Laoghaire-Rathdown County Council

PART ONE

Civic Memorials

1. The Council will establish a Civic Memorial Committee comprising 1 Councillor from each Party (4), 1 Independent, the Chair of the Environment, Culture & Community SPC, the Cathaoirleach, and 3 Council officials. The Committee will recommend to the County Council suitable Civic Commemorations. The composition of the Committee will be reviewed annually.

2. Proposals for Memorials by any person (including a member of the Committee) should be submitted in writing to the Committee c/o the Heritage Officer, Dún Laoghaire-Rathdown County Council, County Hall, Marine Road, Dún Laoghaire, County Dublin.

3. Civic Memorials represent significant Civic acknowledgement of a subject. It is therefore necessary for the Civic Memorial Committee to use clear criteria to evaluate any proposal;

(a) The proposal should establish that the subject for a Memorial is of a county, national, or international significance. Given the likely financial constraints it is likely that the relative significance of the subject will have a bearing on the decision of the Committee. (b) The proposal should establish that the subject for a Memorial has a strong association with Dún Laoghaire- Rathdown and that the county of Dún Laoghaire-Rathdown is a suitable geographic location for such a Civic Commemoration and that the location where the memorial is proposed to be erected is a suitable location for the memorial having regard to the connection between that location and the person or event being commemorated. (c) The proposal should establish that the Council is the fitting body to fund and undertake the Memorial.

4. Other matters relating to the assessment of proposals for Memorials:

(a) To assist in evaluating any proposal the Committee may, at its discretion, request outside expert advice. Any information gathered should be made publicly accessible. (b) A Memorial is a lasting tribute to a person, persons or event. Therefore the Council needs to be confident that the subject of a Memorial is of sufficient importance that the reason behind the decision to approve a Civic Memorial will stand the test of time. It is therefore considered appropriate that the Council will only generally consider commemorating persons who have been deceased for at least 10 years and events only after 10 years subsequent to taking place.

Document Pack Page 223 5. The Committee shall recommend suitable subjects for approval to the Council.

6. Proposals should outline any financial assistance and support that will be made available to the Council to aid it in successfully delivering a Civic Memorial. When evaluating any proposal the Committee will take any such assistance or support into consideration.

7. It is likely that many proposals will relate to specific sites (such as a building). In such cases the proposal needs to include any permission (such as the consent of the owner of the building, etc.) that is required.

8. Types of Civic Memorials;

(a) The precise type of Memorial may differ with each commemoration, but it is likely that the standard Memorial will be a plaque at an appropriate location. (b) Civic Memorials may take the form of permanent and fixed plaques, a Civic event, statue, the naming of building/road, statue, etc. (c) The Committee must agree any text that forms part of any Civic Memorial.

9. There shall be public notification of the erection, unveiling or installation of every Council Civic Memorial. The Council may, or may not, organise an event pertaining to a Civic Memorial. In most cases the Council will only organise a single Civic Memorial event per subject. The Council may decide to hold such once-off event either on the erection of the civic memorial or on a subsequent date, which will be a significant landmark date. In exceptional circumstances the Council may decide to have a regular Civic event. Such events would take place only at significant landmark dates. It is Council Policy that generally it will not hold annual events for Civic Memorials.

10. Once a Civic Memorial has been erected it is Council policy that it should remain in situ until otherwise decided by the Council. However, circumstances such as the sale or demolition of a building on which the Memorial is sited, vandalism, etc. may result in the Council not being able to guarantee the retention of a Civic Memorial.

11. The Committee will have to have due regard to any budgetary constraints when reaching its decisions.

12. Wording on Memorials will be in English and Irish, and other languages where appropriate.

13. Financial support for non-Council commemorations will not normally be made available.

14. This policy will be reviewed every five years by the SPC and adopted by the Council.

Tim Carey Heritage Officer

Document Pack Page 224

PART TWO Community and Family Memorials

The Memorials covered by this part of the policy are;

• Memorials for events or individuals who have made a significant contribution to local heritage, culture and/or community development and the public recording of the event/individual to enhance the 'sense of place'.

• Memorials requested by families within the community to commemorate that will be dedicated to a departed family member or friend.

In both of these categories the Council will accept contributions for benches and tree planting in a park, cemetery, street or other public space (subject to the availability of suitable locations), under the following conditions:

1. Commemorative Trees. a. The location of the tree and selection of tree species shall be at the discretion of the Sen. Parks Superintendent (SPS). b. The tree shall be planted and maintained by SPS, no plaque or memorabilia are to be placed in the vicinity of the tree. c. The sponsor shall be required to meet the cost of the work. There are three options depending on the size of tree preferred. The fee is to cover the cost of planting and administration. Option Cost Size (stem girth) A €250 14-16cm girth (bare root/root ball) B €350 16-18cm girth (root ball) C €450 20-25cm girth (root ball) d. The SPS reserves the right to remove or relocate the tree at any time should it be considered necessary.

2. Commemorative Benches. a. The selection of the location, bench and plaque will be at the discretion of the SPS. b. The bench shall be installed and maintained by the Parks Service c. The plaque shall be installed on the uppermost backboard and the inscription is to be agreed with the Parks Service. d. The plaque shall be maintained for the lifetime of the bench or for a minimum of 5 years. e. The applicant shall be required to meet the cost of the purchasing and installation of the donated bench. The current fee is set at €950 to cover the cost of installation and administration. f. The Parks Service reserves the right to remove or relocate the bench at any time should it be considered necessary.

3. There will be a register containing the details of all the memorials. For each contribution a certificate acknowledging the contribution and the subject of the memorial will be supplied

Leslie Moore Senior Parks Superintendent

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Document Pack Page 226 Agenda Item 12

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

ADOPTION OF DÚN LAOGHAIRE-RATHDOWN ARTS DEVELOPMENT POLICY 2011-2014 UNDER PT2. S6 (1) OF THE ARTS ACT 2003

Resolution to adopt Arts Development Policy

The proposed draft policy, Continuing the Conversation, Dún Laoghaire Rathdown County Council Arts Development Policy 2011-2014 was developed in consultation with key stakeholders, the dlr local community and arts sector. It sets out the mission, priorities and key policy development strands for the Arts over the next four years.

Further to the requirements of Pt 2. S6 (1) of the Arts Act 2003 it is recommend:

“That this Council resolve to adopt Continuing the Conversation, Dún Laoghaire Rathdown Local Arts Development Policy 2011-2014 as Council policy.”

Richard Shakespeare Director of Environment, Culture and Community

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Continuing the Conversation

Dún Laoghaire-Rathdown County Council Arts Development Policy 2011 - 2014

Contents

Section 1 Introduction Section 2 Context Section 3 Mission and Priorities Section 4 Key Policy Areas for Development Section 5 Conclusion

Appendices Appendix 1 Methodology Appendix 2 Organisations and Individuals Consulted Appendix 3 List of Questions for Consultation with Organisations Appendix 4 List of Consultation Meetings Appendix 5 Survey Appendix 6 The Grainstore, dlr’s Youth Arts Facility

Bibliography

Acknowledgements

Document Pack Page 228 Section 1: Introduction

1.1 Introduction

This policy document has been developed by Dún Laoghaire-Rathdown County Council as a framework for local arts development in Dún Laoghaire-Rathdown for the period 2011–2014. It builds upon the County Council’s first arts strategy 2007- 2010 and reflects the substantial changes that have occurred nationally. It has been informed by the findings of public consultations held during 2010 and a review of relevant literature and policy documents. Continuing the Conversation identifies three key areas for development and it is the ambition of Dún Laoghaire-Rathdown County Council to steer the arts at local level towards a more resilient and sustainable future. This document encompasses service provision for artists, the public and partners alike. With this in mind the three key policy areas identified are:

- Programme Development - Participation and Learning - Arts Supports

Section 2: Context

2.1 National context

Under the Arts Act 2003, a local authority is required to prepare and implement plans for the development of the arts within its area, confirming that arts development is an integral part of local government planning. The arts are identified as playing a pivotal role in local economies and helping to establish a sense of community. Taking account of The Arts Council’s recent strategic overview Developing the Arts in Ireland 2011-13 this arts development policy, written in challenging times, considers an approach that aids development at local level while also maintaining quality service provision. Dún Laoghaire-Rathdown County Council is renowned for its arts service and is proud of its contribution and commitment to the arts.

2.2 Local context

The mission statement of Dún Laoghaire-Rathdown County Council as articulated in the Corporate Plan 2010-13 is To deliver high quality services and infrastructure, which contribute to a better social, physical, economic and cultural environment for all who live in, work in and visit the County.

Dún Laoghaire-Rathdown is located between the outer suburbs of Dublin City, the South Dublin coastline and the Dublin/Wicklow Mountains on the East Coast of Ireland. Within the county the six electoral areas are Ballybrack, Blackrock, Dún Laoghaire, Dundrum, Glencullen and Stillorgan. The 2006 census indicates that there is a population of 194,000. Key demographics of the county include a high proportion of the population with a third level qualification, the relative affluence of the residents (although there are pockets of disadvantage) and the increasing cultural diversity of the population.

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Since the Dún Laoghaire-Rathdown County Council Arts Office was established in 1994, the County Council has developed a high quality programme including exhibitions, education and outreach initiatives, festivals, public art projects and artists’ residencies. dlr Arts Office programmes through direct invitation and opportunities advertised on our website (www.dlrcoco.ie/arts) and in our dlr arts e- bulletin. Support is also provided through subventions and grants. The arts are a natural driver for one of the goals of the County Development Plan 2010-2016 which is To provide for a high quality natural and built environment and improved quality of life for those living and working in Dún Laoghaire-Rathdown and for those visiting the County .

2.3 Consultation process

This policy has been informed by an extensive consultation period undertaken during 2010 and was guided by the Environment, Culture and Community Strategic Policy Committee. The consultation process consisted of:

• Eight consultation meetings throughout the county with one specifically designed for artists. • Interviews with external stakeholders and partners throughout the county. • Interviews with internal stakeholders from various departments within Dún Laoghaire-Rathdown County Council. • Written submissions from the public and County Councillors. • An online survey. • Presentations to the Environment, Culture and Community Strategic Policy Committee, Area Committee meetings and a County Council meeting. (Please refer to Appendix 2 for full list of SPC and Council members).

The consultation methods were designed to elicit and highlight key areas for policy development and consideration.

- The public consultations were facilitated and feedback collated by an external agent on behalf of Dún Laoghaire-Rathdown County Council County Council. - The interviews were conducted by dlr Arts Office staff. - The written submissions and online survey were extended by means of an open call to the general public.

The aspiration of the overall process was to gather as much information from partners, artists and members of the public alike in an open and accessible manner. Underpinning this process was the first dlr Arts Strategy 2007-10, which, in conjunction with a literature review and the aforementioned consultation process, contributed to the formation of this new Arts Development Policy.

2.4 Identified Priorities

In the current economic climate it is necessary to decide upon priorities. This local Arts Development Policy builds on the expertise and knowledge garnered from the dlr Arts Strategy 2007 – 2010, the consultation process undertaken in advance of formulating this policy, the internal capacity of dlr Arts Office and its public service remit.

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A number of key priority areas have emerged and these will be focused on during the lifetime of the Policy. These identified priorities are:

• Participation in the arts for all, in particular children, young people, older people and dlr’s local arts community.

• The encouragement of opportunities for the creation and showcasing of work.

• That all activities will offer opportunities for further learning and engagement.

• Advocacy for the development of the arts at local level.

Document Pack Page 231 Section 3 Mission and Priorities

3.1 Dún Laoghaire-Rathdown County Council Arts Mission Statement

Dún Laoghaire-Rathdown County Council supports the development of the arts at a local level and aspires to provide opportunities for all who live in, work in and visit the County to engage with the arts as creators, participants and spectators.

3.2 Guiding Principles

Throughout the duration of this Arts Development Policy the following guiding principles will be utilised across the three key policy areas of Programme Development, Participation and Learning, and Arts Supports.

All programmes devised and implemented by Dún Laoghaire-Rathdown County Council will be:

• Creative • Strategic • Enriching • High Quality

• Creative: Ensuring that all activities are underpinned by imaginative and artistic thought.

• Strategic: Undertaking work in an informed manner that avoids duplication, delivers value for money that equates economic investment with the return for the County and encourages beneficial alliances to occur.

• Enriching: Offering meaningful opportunities for the public to engage as creators, spectators and participants.

• High Quality: Maintaining high standards across all areas of activity.

Document Pack Page 232 Section 4: Key Policy Areas for Development

4.1 Key Policy Strands

Dún Laoghaire-Rathdown County Council has identified three main strands for policy development. The four guiding principles (Creative, Strategic, Enriching and High Quality) will be integral to the following policy areas:

• Programme Development • Participation and Learning • Arts Supports

Strand 1 - Programme Development This strand will enrich the cultural life of the County by providing and developing the annual arts programme which will continue to animate the County.

Strand 2 – Participation and Learning This strand will work strategically and in partnership with internal and external agencies to support the various communities within the County to actively participate in the arts as both creators and spectators.

Strand 3 – Arts Supports This strand will support the needs and growth of a large professional and amateur arts community throughout dlr to ensure the sustainable future of the arts within the County.

Document Pack Page 233 Section 4.2: Programme Development

This strand will enrich the cultural life of the County by providing and developing a county arts programme which will continue to animate Dún Laoghaire-Rathdown.

There will be a sustained ongoing commitment to literature, visual arts and youth arts. Dún Laoghaire-Rathdown County Council will endeavour to focus on additional individual art forms, including dance, film, music and performing arts, on an annual basis over the lifetime of the Policy.

While Dún Laoghaire-Rathdown County Council has a countywide remit, the key centres of programmed artistic activity will be the two administrative and population centres of Dún Laoghaire and Dundrum. The artistic programme will be delivered by the Arts Office in collaboration with other Council departments. In particular, the Arts Office will develop greater synergies of programming within the Environment, Culture and Community Department, especially dlr’s Library Service. Further arts activity across all art forms and throughout the county will be supported through the arts grants and public art commissions. A fundamental tenet of this policy will see participation and learning as central to all projects and events programmed by Dún Laoghaire-Rathdown County Council.

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Section 4.3: Participation and Learning

This strand will work strategically and in partnership with internal and external agencies to support the various communities countywide to actively participate in the arts as both creators and spectators.

Participation and Learning is at the core of this Arts Development Policy and subsequent Dún Laoghaire-Rathdown County Council programming during the period 2011-2014. This strand aims to build strong and resilient foundations for the future and will, as stated in the Dún Laoghaire-Rathdown County Council Arts mission statement, provide opportunities for all who live in, work in and visit the County to engage with the arts as creators, participants and spectators .

Participation in its widest interpretation encompasses both passive and active forms of engagement, from audience member through to the creator of work. Learning supports the sharing of knowledge and enables collaboration. A number of priority demographics have been identified through the consultation process: children, young people, older people and dlr’s arts community. We will endeavour to continue to offer opportunities in our primary schools; The Grainstore, dlr’s Youth Arts Facility (refer to appendix 6 for further details); our Arts and Health Programme and to explore other learning and engagement contexts.

Taking into consideration the priority areas identified for the lifetime of this policy, participation and learning will:

• Create various opportunities for the public to engage with the arts, as creators, participants and spectators.

• Develop audiences for the future.

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Section 4.4: Arts Supports

This strand will support the needs and growth of a large professional and amateur arts community throughout Dún Laoghaire-Rathdown to encourage the sustainable future of the arts throughout the County.

Funding

Subject to available resources, Dún Laoghaire-Rathdown County Council will continue to provide an annual subvention to the Pavilion Theatre, which is the municipal theatre for the County and to the Mill Theatre, which is a vital arts resource for Dundrum and surrounding areas.

Dún Laoghaire-Rathdown County Council will offer a scheme of grants for the purpose of providing financial assistance to artists, arts groups and organisations engaged in arts projects or events at local or county level. Grants are also available to encourage the development of artists’ workspaces, enable opportunities to showcase work and support the professional development of individual artists. Artists, arts groups and organisations working in all art forms throughout the county are eligible to apply.

The objectives of the grants are as follows;

• To support the development and promotion of all art forms within Dún Laoghaire-Rathdown; • To encourage, nurture and support arts initiatives that actively increase opportunities for Dún Laoghaire Rathdown’s public to experience, interact and engage with quality, stimulating creative ventures; • To support individual artists to develop and further their practice in Dún Laoghaire-Rathdown; • To support high quality arts projects, arts groups and arts organisations.

Professional Development & Mentorship Dún Laoghaire-Rathdown County Council’s Arts Office will initiate a series of professional development and mentorship opportunities for artists living and working in the County. dlr Arts Office will act as an advice service for artists and arts organisations within the County and aspires to facilitate the development of artists’ networks.

Information & Communications dlr Arts Office will strive to become a central source of information for artists, organisations and members of the public wanting to find out about the arts. This will be achieved through a new website and regular arts e-bulletins and further supported by the Professional Development and Mentorship series.

Document Pack Page 236 Section 5: Conclusion

Throughout its lifetime Continuing the Conversation, Dún Laoghaire-Rathdown County Council Arts Development Policy 2011 –14 will provide the framework for local arts provision and development in Dún Laoghaire-Rathdown County.

The three policy strands of Programme Development, Participation and Learning, and Arts Supports will be addressed through the identified priorities. In keeping with the guiding principles, all programmes and activities devised and implemented by Dún Laoghaire-Rathdown County Council will be Creative, Strategic, Enriching and High Quality.

Annually the policy will be strategically planned, monitored and evaluated by way of an internal implementation plan that will take account of the prevailing circumstances, Council policy developments, the needs of stakeholders and the achievements of the previous year.

The Arts Office Team will prepare this yearly implementation plan for approval by the Environment, Culture and Community Development SPC in advance of the budgetary planning process. As such its actions are dependant on the successful drawdown of partnership funding and support.

Through Continuing the Conversation Dún Laoghaire-Rathdown County Council commits to engaging in an ongoing dialogue and looks forward to working with artists, individuals, organisations and groups so that Dún Laoghaire-Rathdown continues to grow and develop as a vibrant home for the arts.

Document Pack Page 237 Appendix 1

Research Methodology

The consultation process employed both quantitative and qualitative research methods to elicit information in an informed manner from the various stakeholders. The findings contributed to the formation of this Arts Development Policy for Dún Laoghaire-Rathdown County. As stated in the main policy document, the process consisted of consultation meetings, interviews with external and internal stakeholders, written submissions and an online survey.

These consultations were publicised by an open call to the general public and by direct invitation to internal and external stakeholders. Information regarding the process was made available in print, online and advertised publicly. In addition an external agent facilitated the public meetings and collated the subsequent findings.

The above research methods were complemented by a literature review of current publications and policy documents and learning garnered from the implementation of the first dlr Arts Strategy 2007 –2010.

Continuing the Conversation was researched and written over a period of six months by dlr Arts Office:

Kenneth Redmond, Arts Officer; Carolyn Brown, Assistant Arts Officer – Arts Supports and Operations; Máire Davey, Assistant Arts Officer – Participation and Learning; Ciara King, Assistant Arts Officer – Arts Programme Development.

Document Pack Page 238 Appendix 2

Organisations and Individuals Consulted dlr Arts Office would like to acknowledge the contribution of all those who took part in the consultation process. In particular we would like to thank Margaret O’Sullivan for facilitating the consultation meetings and Kadine Henry and Laura Larkin for collating the data from the arts survey.

The following organisations and individuals were invited to participate in the consultation process:

Councillors:

• Councillor John Bailey • Councillor Maria Bailey • Councillor Marie Baker • Councillor Niamh Breathnach • Councillor Richard Boyd Barrett • Councillor Victor Boyhan • Councillor Aoife Brennan • Councillor Aidan Culhane • Councillor Cormac Devlin • Councillor Jane Dillion-Byrne • Councillor Stephen Fitzpatrick • Councillor Tony Fox • Councillor Pat Hand • Councillor Gerry Horkan • Councillor Richard Humphreys • Councillor Tom Joyce • Councillor Hugh Lewis • Councillor Donal Marren • Councillor Lettie McCarthy • Councillor Mary Mitchell O’Connor • Councillor Tom Murphy • Councillor Denis O’Callaghan • Councillor Jim O’Dea • Councillor Gearóid O’Keeffe • Councillor Neale Richmond • Councillor Barry Saul • Councillor Carrie Smyth • Councillor Barry Ward

Organisations:

• Airfield • Blackrock Education Centre • County Dublin Vocational Education Committee • Comhairle na nOg • Comhaltas • County Enterprise Board • Dalkey Heritage Centre • Dance Theatre of Ireland

Document Pack Page 239 • Dublin Youth Dance Company • Dún Laoghaire Art Gallery • Dún Laoghaire Chamber of Commerce • Dún Laoghaire College of Further Education • Dún Laoghaire Harbour Company • Dún Laoghaire Vocational Education Committee • Dún Laoghaire Youth Service • Dundrum Rathdown Youth Service • Glasthule Opera • Health Service Executive • Dún Laoghaire Institute of Art, Design and Technology • Imaginosity • Internal County Council Departments • International Puppet Festival • Lambert Puppet Theatre • Mill Theatre • Newpark School of Music • Pavilion Theatre • Sallynoggin Senior College • Sandyford Business Estates Association • Southside Partnership • Stillorgan Senior College • The Grainstore, dlr’s Youth Arts Facility • University College Dublin • Youthreach

Strategic Policy Committee for Environment, Culture and Community:

• Councillor Aoife Brennan • Councillor Cormac Devlin • Councillor Stephen Fitzpatrick • Councillor Tony Fox • Councillor Hugh Lewis • Councillor Donal Marren • Councillor Mary Mitchell O’Connor • Councillor Denis O’Callaghan (Chairperson) • Councillor Barry Saul • Councillor Carrie Smith • Councillor Barry Ward • Councillor Jim O’Dea • Chris Keogh (IFA) • Roger Kirker (Maritime Museum) • Michael Merrigan (Genealogical Society of Ireland) • Liz Ferris (Chambers of Commerce Ireland) • Richard Donelan (Dún Laoghaire-Rathdown County Community Forum) • Damien O’Sullivan (Scouting Ireland)

Document Pack Page 240 Appendix 3

List of Questions for Consultation with Organisations

• What has your experience to date been of engaging with dlr Arts Office?

• What's your understanding of the role of dlr Arts Office within the County?

• What arts/cultural activities are you already involved in?

• What are your main priorities for development over the next 4 years, with reference to your arts/cultural offering?

• What's your highest priority?

• How would you see these priorities fitting with dlr Arts Office? Do you see any synergy?

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Appendix 4

List of consultation meetings

Date Time Location Target Group September 13 th , 2010 8.00pm Airfield, Dundrum Public September 20 th , 2010 5.00pm Assembly Rooms, County County Council Hall, Dún Laoghaire Staff September 20 th , 2010 8.00pm Assembly Rooms, County Public Hall, Dún Laoghaire September 21 st , 2010 11.00am Deansgrange Library Public September 21 st , 2010 8.00pm Community Rooms, Public Loughlinstown September 25 th , 2010 11.00am Concourse, County Hall, Dún Artists Laoghaire September 27 th , 2010 8.00pm Stillorgan Park Hotel Public September 28 th , 2010 8.00pm The Step Inn, Stepaside Public

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Appendix 5

Dún Laoghaire-Rathdown County Council Arts Office is preparing to write a new arts plan. Thank you for taking the time to fill in our short survey to help us provide you with quality arts experiences and opportunities.

SECTION A: General Information

Gender: Male Female

Age: 16-25 26-35 36-45

46-55 56-65 65+

Do you live in Dún Laoghaire - Rathdown? Yes No

SECTION B: Attendance

Do you attend arts events as an audience member? Yes No

If no, please go straight to Section C

How often do you attend the following arts events as an audience member?

Very frequently Frequently Sometimes Occasionally Never (this goes beside each of the artforms)

Theatre Pantomime/musical Art-house film Live Music/music recital Dance Performance A reading (poetry/novel) Arts related talk/lecture Exhibition (e.g. sculpture, photography, painting) Open air street theatre/spectacle Opera Arts Festival Other Please Specify ______

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In the last year how often did you attend arts events (as listed above)?

Weekly Monthly Once or twice Not at all

How often do you attend arts events in the following areas?

Very frequently Frequently Sometimes Occasionally Never (this goes beside each of the areas)

q Dún Laoghaire-Rathdown County q Dublin city q Co.Wicklow q Other Please Specify______

SECTION C: Participation (taking part as opposed to audience)

Do you actively participate in arts activities? (please tick) Yes No

If no, please go straight to Section D

How often do you participate in the following arts activities?

Very frequently Frequently Sometimes Occasionally Never (this goes beside each of the artforms)

Writing (e.g. poetry, plays, stories) Performing in a play/musical Playing a musical instrument Singing in a choir/band Photography as an artistic activity Dancing (other than clubbing/fitness) Painting/Drawing/Sculpture Involved in organising an arts event Other please specify ______

Below are statements about your involvement in the arts Please tick all the relevant boxes

I like to attend one off arts workshops I am in an Arts Club/Society (e.g. drama/musical society, book club) I attend regular arts classes (e.g. drawing, music etc) I enjoy the arts as a hobby I work in the Arts Other please specify ______

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Approximately how often do you participate in an arts activity?

q Daily q Weekly q Monthly q Once/twice a year q Less frequently than once a year

SECTION D: Priorities for future arts office programme

Which of the following, if any, do you feel Dún Laoghaire-Rathdown Arts Office should prioritise in the future? (Please number 1-5 in order of importance, 1 being the most important)

q Local amateur and community based arts activities

q Professional arts groups or venues within the county

q Individual local arts professionals such as writers, painters, musicians

q Arts programmes dedicated to children and young people

q Arts festivals/events for the general public

Which of the following audiences , if any, do you think Dún Laoghaire- Rathdown Arts Office prioritise in the future? (Please number 1-5 in order of importance, 1 being the most important)

q Preschool (0-4)

q Children (5-12)

q Young people (13-25)

q General public (26-64)

q Older persons (65+)

How do you like to find out about arts events and opportunities? Newspapers Radio Social Media Internet E-mail Brochure in the post Text message

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Name (optional):______E-mail Address (optional):______Address (optional): ______

Would you like to receive regular updates from dlr Arts

Yes No

Thank you for taking the time to complete this survey

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Appendix 6

The Grainstore, dlr’s Youth Arts Facility

The Grainstore, dlr’s Youth Arts Facility in Cabinteely Park, Cabinteely has been an important amenity for the young people of Dún Laoghaire-Rathdown since it’s opening in November 1999. The Grainstore has encouraged the artistic development of hundreds of young people over the years. dlr Arts Office has managed The Grainstore since September 2008 and has developed quality arts programmes that place young people at the core. Central to this ethos is the development of Canvas, the youth arts committee which is based in The Grainstore.

Young people have been identified as one of the demographics to be targeted in Continuing the Conversation . dlr County Council will continue to support The Grainstore and Canvas to offer opportunities for all young people to engage with the arts as both active and passive participants and continue to develop audiences for the future.

Document Pack Page 247 Bibliography

• A Strategy for The Arts in Chelmsford 2006-2010 (2006) Chelmsford, Chelmsford Borough Council, Arts & Entertainment. • Artbeat: Regional Arts And Culture Strategy 2010-2014 (2009) Brisbane, Queensland Government, Department of the Premier and Cabinet. • Arts Strategy 2008-2013 Flintshire County Council (2008) Flintshire, Flintshire County Council. • Bath & North East Somerset Council Arts Development Strategy 2011-2014 (2011) Cullis, A and Salt, P. Bath, Bath & North East Somerset Council, Accessed 18 th January 2011. Available at http://www.bathnes.gov.uk/leisureandculture/artsandentertainment/artsdevel opment/Pages/Arts%20Development%20Strategy%202011-14.aspx • Championing Creativity An arts development policy framework for Western Australia 2004-2007 (2004) Perth, ArtsWA. • City & County of Cardiff Culture, Leisure & Parks Service Arts Development Division Arts Strategy (2006) Cardiff, City & County of Cardiff. • City Of Helsinki Cultural Office Annual Report 2008 (2008) Helsinki, City Of Helsinki Cultural Office. • City Of Melbourne Arts Strategy 2004-2007 (2004) Victoria, City Of Melbourne. • City Of Sydney Interim Public Art Strategy (2006) Sydney, The City of Sydney. • City Strategies, City Arts & Living Culture Strategy 2003-2007 (2002) Adelaide, Adelaide City Council • Common Chords, A Music Strategy for the City Of Edinburgh 1999, (1999) Edinburgh, The City of Edinburgh Council. • Cork City Council Arts & Cultural Strategy 2006-2009 (2005) Cork, Cork City Council, Arts Office. • Creating Value: An Arts and Culture Sector Policy Framework 2010-2014 (2010) Perth, Government of Western Australia, Department of Culture and the Arts. • Cultural Connections Strategic Plan For Cultural Services Division Donegal County Council 2009-2014 (2009) Donegal, Donegal County Council. • Cultural Matters, A Cultural Strategy for Islington Council 2010-2015 (2010) London, Cultural Services, Environment and Regeneration. • Cultural Metropolis- The Mayor's Draft Cultural Strategy 2012 and Beyond (2010) London, Greater London Authority. • Developing the Arts in Ireland, Arts Council Strategic Overview 2011-13 (2010) Dublin, The Arts Council of Ireland • Draft Strategic Arts Development Plan (2010) Galway, Galway City Council, City Arts Office. Accessed 24 th December 2010. Available at http://www.galwaycity.ie/AllServices/ArtsandCulture/Publications/FileEnglish, 5849,en.doc • Dublin City Council Arts and Cultural Strategy 2004-2009 (2004) Dublin, Dublin City Council. • Dublin City Council’s Arts Service Plan 2006-2009 (2006) Dublin, Dublin City Council. • dlr Arts Strategy 2007-10 (2007) Dublin, Dún Laoghaire-Rathdown County Council. • Dún Laoghaire-Rathdown County Council Corporate Plan 2010-14, (2010) Dublin, Dún Laoghaire-Rathdown County Council.

Document Pack Page 248 • Dún Laoghaire-Rathdown County Council Development Plan 2010-16, (2010) Dublin, Dún Laoghaire-Rathdown County Council. • Dún Laoghaire-Rathdown Heritage Plan 2004-2008, (2004) Dublin, Dún Laoghaire-Rathdown County Council. • Dún Laoghaire-Rathdown Library Development Programme 2010-13 (2010) (Draft) Dublin, Dún Laoghaire-Rathdown County Council. • Edinburgh Dance Strategy June 2004 (2004) Edinburgh, The City Of Edinburgh Council. • Edinburgh Theatre Strategy: October 2004 (2004) Edinburgh, The City Of Edinburgh Council • Fingal Arts 2006-2010 (2006) Dublin, Fingal County Council, The Arts Office. • Future of the Arts in Gwynedd (2007) Gwynedd: Gwynedd Council • Holden, J. (2006) Local Authorities: A Change in the Cultural Climate, London, Demos. • Partnership for the Arts (2005) Dublin, The Arts Council of Ireland. • Partnership for the Arts in Practice 2006-2008 (2005) Dublin, The Arts Council of Ireland. • South Dublin County Council Arts Development Strategy 2006-2010 (2006) Dublin, South Dublin County Council, The Arts Office. • The arts debate – About the consultation (2007) London, Arts Council England. • The Public and the Arts (2006) Dublin, The Arts Council of Ireland. • The Royal Borough Of Kensington And Chelsea Arts And Culture Policy 2009- 2020 (2009) London, The Royal Borough Of Kensington And Chelsea. • Towards the New Enlightenment: A Cultural Policy for the City of Edinburgh 1999 (1999) Edinburgh, The City of Edinburgh Council. • Westmeath Arts Plan 2010-2016 (2010) Westmeath, Westmeath County Council. Accessed 18 th January 2011. Available at http://www.westmeathcoco.ie/en/ourservices/recreationculture/arts/westmea thartsplan2010-2016/

Acknowledgements

In addition to those who took part in the consultation process the authors would like to thank the following people for their guidance and assistance throughout the development of this policy.

Mr Owen Keegan, County Manager Mr Richard Shakespeare, Director of Service for Environment, Culture and Community Ms Mairead Owens, County Librarian Mr Wessel Badenhorst, Economic Development Officer Ms Elaine Carroll, Project Officer, Dún Laoghaire Town Brand Project Mr Michael McLoughlin, dlr’s Youth Arts Worker Ms Torry Schellhorn, Communications Office Ms Monica Corcoran, The Arts Council

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Document Pack Page 250 Agenda Item 13a

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor G. Horkan “That the paragraph of text on page eight and repeated on page nine (see below) of the Managers Report of August 2011 explaining why the Sandyford Urban Framework Plan cannot have a date of operation beyond 2016 be included within the body of the adopted plan.”

Report: The Manager agrees with the motion.

Recommendation To amend Section 1.2 to include after “The Sandyford Urban Framework Plan forms part of the County Development Plan 2010-2016 by way of Variation to the Plan”. “The SUFP will not become obsolete in 2016 and will be reviewed as part of the making of the County Development Plan 2010-2022”.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 252 Agenda Item 13b

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Tha t the Manager would please include the following in the final report The Sandyford Urban framework Plan, on adoption of Variation No. 2, will form part of the County Development Plan 2010-2016. The SUFP will not become obsolete in 2016, but will be reviewed as part of the preparation of the County Development Plan 2016-2022. The date 2011-2016 is considered appropriate as it accords with the life of the County Development Plan which this Plan will be part of. As stated in the Managers Response & Recommendation”

Report: The Manager agrees with the motion.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 254 Agenda Item 13c

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor R. Humphreys Add at the end of paragraph 1.2 (page 10 of material alterations)

"The SUFP will not become obsolete in 2016, and will be reviewed as part of the preparation of the County Development Plan 2016-2022"

Report: The Manager agrees with the motion.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 256 Agenda Item 13d

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor M. Bailey “Par 2.3.3. of the requires the provision of 10% - 15% open space in commercial developments in Zone 3, Office Based Employment Zone, at Sandyford Business District. A proposed amendment to par 2.3.3 suggests that this should be exclusive of boundary treatments including boundary set-backs and planting/landscaping.

Report: The Manager does not agree with this motion.

This Material Alteration - To amend, Section 2.3 Objectives MC7, OE1, LIW1, MH1 to include after “Class 2 communal open space for all development” ….“excluding suitable boundary treatments, which may take the form of suitable set back, tree planting /boundary landscaping -was proposed for clarity purposes. The 10-15% open space requirement, excludes the provision of suitable boundary treatments to ensure that adequate, high quality, useable open spaces are provided within commercial developments for employees (and public alike where pocket parks are an objective) and that in cases where set backs are required by the Plan, to provide a high quality public realm including tree planting/landscaping, green routes etc…, the objective ensures that the 10-15% open space requirement is not taken up by these other important elements of the Plan. To note that this material alteration was proposed and agreed at the April Council and is relevant to Zones, 1, 2, 3, 4, and 6.

It is recommended that the proposed Material Alteration as set out below be retained.

Recommendation To amend, Section 2.3 Objectives MC7, OE1, LIW1, MH1 to include after “Class 2 communal open space for all development” …. “excluding suitable boundary treatments, which may take the form of suitable set back, tree planting /boundary landscaping”.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 258 Agenda Item 13e

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor G. Horkan “That the Manager within the final Sandyford Urban Framework Plan include a commitment from DLRCC that it is committed to working with all relevant landowners/developers/builders/receivers/examiners/liquidators and NAMA to resolve as soon as possible the issue of unfinished developments within the SUFP area.”

Report: In August 2011 the Department of the Environment, Community and Local Government published “A Best Practice Guidance Manual on Managing and Resolving Unfinished Housing Developments.” Dún Laoghaire-Rathdown County Council will accord with the requirements of this manual, which includes engagement with key stakeholders such as receivers, developers and local residents in resolving the outstanding issues within these unfinished estates.

Recommendation It is recommended that the proposed material alteration “Section 2.3.9 Unfinished Estates” is retained.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 260 Agenda Item 13f

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor R. Humphreys Add at the end of paragraph 2.3.9 (page 13 of Material Alterations)

"The Council will actively engage with stakeholders, including local residents, to this end"

Report In August 2011 the Department of the Environment, Community and Local Government published “A Best Practice Guidance Manual on Managing and Resolving Unfinished Housing Developments.” Dún Laoghaire-Rathdown County Council will accord with the requirements of this manual, which includes engagement with key stakeholders such as receivers, developers and local residents in resolving the outstanding issues within these unfinished estates.

Recommendation It is recommended that the proposed material alteration “Section 2.3.9 Unfinished Estates” is retained.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 262 Agenda Item 13g

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Tha t the Manager will implement all recommendations set out in ‘A best practice Guidance Manuel on Managing and Resolving Unfinished Housing Developments’ and actively engage with local residents and businesses”

Recommendation It is recommended that the proposed material alteration “Section 2.3.9 Unfinished Estates” is retained.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 264 Agenda Item 13h

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor M. Bailey At paragraph 2.5.1, a proposed amendment to the SUFP defines density as follows:

“Density of development across the plan area is calculated as follows; This is calculated as follows: plot ratio is the plot size to the ratio of gross external floor area (plot size includes open space provision but excludes road schemes identified as Road Objectives TAM 18, TAM 19, TAM 20) and units to the hectare in the case of residential.”

This motion proposes that the definition of density at par 2.5.1 should revert to the original draft text, i.e.:

Density of development across the plan area is calculated as follows; the ratio of gross external floor area to plot size – plot ratio or units to the hectare in the case of residential.”

Report The Manager does not agree with this motion.

As stated in the Manager’s response to submissions in the Manager’s Report dated March 2011, “For the purpose of the Plan the plot ratio is calculated by the total floor area of the development/the total site area excluding public roads and future roads objectives”. This more detailed definition of plot ratio was proposed to clear up confusion from landowners with regards to the calculation.

To clarify this point, it is considered that Section 2.5.1 should be amended as proposed by the Material Alteration (p14 MA) as follows,

“Density of development across the Plan area is calculated as follows: Plot ratio is the plot size to ratio of gross external floor area to plot size (plot size includes open space provision but excluding road schemes identified as Roads Objectives TAM 18, TAM 19, TAM 20) = plot ratio”.

Recommendation No change to proposed Material Alteration.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 266 Agenda Item 13i

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor B. Saul “That th is Council would delete the red text, Change Map 3, site No.7 from 4 storeys to 5 storeys, on page 13 of the Managers report”

Report: The Manager does not agree with this motion.

It is noted that the Elected Members considered and agreed a motion at the Council meeting of 11 th April 2011, to reduce the Building Height on part of site 7 from 5 storeys to 4 storeys. However, the Manager is consistent in his approach and having regard to the full assessment made at the time of writing of the Manager’s Report March 2011, it is considered that a building height of 5 storeys at Site no. 7 is appropriate and in the interests of protecting residential amenity, in particular having regard to the required set back along the western boundary to be provided by the redevelopment of this site. It is therefore recommended that proposed Material Alteration 350-11 be amended and that the SUFP provide for a building height of 5 storeys for the entirety of Site No.7.

Recommendation Amend proposed Material Alteration 350-11 on Map 3 as follows:

Change Map 3, site No.7 from 4 storeys to 5 storeys.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 268 Agenda Item 13j

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor B. Saul “That th is Council would delete the red text, Change Map 3, site No.7 from 4 storeys to 5 storeys & Change Map 3, site No.9 from 5 storeys to 6 storeys, on page 14 of the Managers report”

Report (to Site 7 only) The Manager does not agree with this motion.

Recommendation Amend proposed Material Alteration 350-11 on Map 3 as follows:

Change Map 3, site No.7 from 4 storeys to 5 storeys.

Report (to site 9 only) The Manager does not agree with this motion.

The Elected Members considered and agreed a motion at the Council meeting of 11 th April 2011, to reduce the Building Height on part site 9 from 6 storeys to 5 storeys. However, with regards to the proposed 350-14 (reduction in height on part of site 9 from 6 to 5 storeys) the Manager is consistent in his approach. At the time of writing the Manager’s Report March 2011 a further assessment of the likely impact of building height on site 9 proposed in the Plan on residential amenity, was undertaken. The height limit of 6 storeys was considered appropriate and in accordance with the proper planning and sustainable development of the area. It is therefore recommended to amend the proposed Material Alterations and increase the height on site 9 to 6 storeys.

Recommendation Amend proposed Material Alteration 350-14 on Map 3 as follows:

Change Map 3, site No.9 from 5 storeys to 6 storeys.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 270 Agenda Item 13k

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Site 7 (D14) shall be limited to 4 storeys in the interest of safeguarding residential amenity of Woodford Estate.”

Report: The Manager does not agree with this motion.

Recommendation Amend proposed Material Alteration 350-11 on Map 3 as follows:

Change Map 3, site No.7 from 4 storeys to 5 storeys.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 272 Agenda Item 13l

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Sit e 9 (D14) shall be limited to 5 storeys in the interest of safeguarding residential amenity of Woodford Estate”

Report: The Manager does not agree with this motion.

Recommendation Amend proposed Material Alteration 350-14 on Map 3 as follows:

Change Map 3, site No.9 from 5 storeys to 6 storeys.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 274 Agenda Item 13m

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor G. Horkan “That all references to restoring the star symbols on sites 3 & 4 particularly on pages 15 & 17 of the Managers report of August 2011 be removed and that this Council reconfirms the view of the members expressed in April 2011 that the star symbols should not be on sites 3 & 4.”

Report The Manager does not agree with this motion.

At the time of writing the Manager’s Report March 2011, a further assessment of the likely impact of proposed building heights on sites 3 and 4, on residential amenity, was undertaken. At that time the Manager considered it appropriate to recommend that the star symbols at sites 3 & 4 along Blackthorn Avenue be retained, as it was considered that a building height of 6 storeys with the allowance for an element of the building to be 1-2 storeys higher, would not have a negative impact on the residential amenity of neighbouring properties. It is considered that the additional height allowance at sites 3 & 4 along the street elevation at Blackthorn Avenue would animate the skyline and identify significant routes into SBD. The Manager is consistent in his recommendation and therefore, recommends to amend the proposed Material Alterations and include the star symbols, under Objective BH3, at sites 3 & 4.

Recommendation To amend the Proposed Material Alterations 350-1 (site 3) and 350-2 (site 4) as follows:

To include the star symbol on Map 3 at sites 3 & 4 under Objective BH3.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 276 Agenda Item 13n

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor B. Saul “That th is Council would delete the red text, to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3 & to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3., on page 15 of the Managers report.”

Report: The Manager does not agree with this motion.

Recommendation To amend the Proposed Material Alterations 350-1 (site 3) and 350-2 (site 4) as follows:

To include the star symbol on Map 3 at sites 3 & 4 under Objective BH3.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 278 Agenda Item 13o

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor B. Saul “That th is Council would delete the red text, to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3,& to include the star symbol on Map 3 at sites 3 & 4 under Objective BH3 on page 17 of the Managers report”

Report: The Manager does not agree with this motion.

Recommendation To amend the Proposed Material Alterations 350-1 (site 3) and 350-2 (site 4) as follows:

To include the star symbol on Map 3 at sites 3 & 4 under Objective BH3.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 280 Agenda Item 13p

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Remove the provision for additional height on sites 3 and 4 (D14) map 3 and remove relevant star symbol which denotes special provision for additional height of 1-2 storeys.”

Report The Manager does not agree with this motion.

Recommendation To amend the Proposed Material Alterations 350-1 (site 3) and 350-2 (site 4) as follows:

To include the star symbol on Map 3 at sites 3 & 4 under Objective BH3.

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 282 Agenda Item 13q

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor T. Murphy That the Manager amends SLO 123 that reads as follows:

This motion proposes that it should read as follows:

The Manager agrees with this motion and recommends to amend the wording of SLO23 to omit “IDA” and replace “internationally trading business” with “internationally trading services”

Recommendation To amend text in Appendix 2 Specific Local Objectives SLO23 of the SUFP as follows:

“To facilitate the IDA attraction of internationally trading business services to South Co. Business Park, office based employment will be permitted on these lands to a similar plot ratio to that of the remainder of the South County Business Park. In preparing a Masterplan for the area regard should be given to providing activity along the route to the Luas and to the residential amenity of the local residents.”

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 284 Agenda Item 13r

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor M. Bailey In the proposed amendments, SLO 123 reads as follows:

This Motion proposes that it should read as follows:

Report The Manager agrees with this motion and recommends to amend the wording of SLO23 to omit “IDA” and replace “internationally trading business” with “internationally trading services”

Recommendation To amend text in Appendix 2 Specific Local Objectives SLO23 of the SUFP as follows:

Contact: Kathleen Holohan, Director of Planning.

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Document Pack Page 286 Agenda Item 13s

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

Proposed Variation No. 2 Proposed Material Alterations Sandyford Urban Framework Plan of the Dún Laoghaire-Rathdown County Development Plan 2010-2016

Motion: Councillor L. McCarthy “Tha t the Manager will not automatically renew ‘live’ planning permissions within the SUFP”

Report Motions not relevant to the proposed Material Alterations.

Contact: Kathleen Holohan, Director of Planning

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Document Pack Page 288 Agenda Item 14

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

EXTINGUISHMENT OF PUBLIC RIGHTS-OF-WAY OVER LANEWAYS IN COUNTY COUNCIL HOUSING AREAS IN BALLYBRACK, CO. DUBLIN – HOUSING DEPARTMENT “PROGRAMME OF LANEWAY CLOSURES”

Section 73 of the Roads Act, 1993

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED by the Dun Laoghaire Area Committee at it’s meeting on Monday, 5 th September, 2011 :-

“The Public Consultation process to Extinguish the Public Rights-of-Way over the following laneways was commenced with the placement of an advertisement in the Dun Laoghaire Gazette on the 17 th June, 2011 :-

1. Laneway from between House Nos. 6 & 7 Oakton Drive to roadway at rear of houses 1 to 14 Oakton Drive, Ballybrack. Drawing No. RW-T-03-11

2. Access laneway and laneways at the rear of House Nos. 103 to 115 and House Nos. 116 to 128 Coolevin, Ballybrack. Drawing No. RW-T-02-11

3. Access laneway and laneway at the rear of Nos. 15 to 23 Elm Grove, Ballybrack, Co. Dublin. Drawing No. RW-T-04-11

4. Laneway at the rear of Nos. 9 to 12 Sheelin Avenue, Ballybrack. Drawing No. RW-T-05-11

Notices were also placed at the entrance and exit points of each laneway as required by Section 73 (1) (b) of the Roads Act, 1993. The closing date for the receipt of representations/submissions was Friday, 5 th August, 2011.

No representations or submissions were received in respect of any of the laneways listed above within the statutory period. It should be noted that there was some requests in relation to the inclusion of other laneways in the area after the Statutory process was commenced. However, no instructions were received from the Housing Department in relation to these laneways and they could not be included in the current list of laneways being considered for closure.

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It may be possible to consider including them on a future Programme subject to the continued availability of funding.

As this is a Reserved Function, the matter is submitted for consideration by the Area Committee.

This matter is for noting.”

The Committee NOTED the above report and recommended that the Rights-of-Way over the laneways listed above should be extinguished in accordance with the procedure set out in Section 73 of the Roads Act, 1993

As this is a Reserved Function of the County Council, it is necessary to pass a resolution as follows to confirm the Extinguishment of these Rights-of-Way :-

That this Council, having considered the Manager’s report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dun Laoghaire Area Committee arising from it’s meeting on the 5 th September, 2011, hereby RESOLVE to Extinguish the Public Rights-of-Way over the laneways described in the foregoing report.

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MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

TAKING IN CHARGE OF RESIDENTIAL DEVELOPMENTS DECLARATION OF ROADS TO BE PUBLIC ROAD SECTION 11 OF THE ROADS ACT 1993 AS AMENDED BY SECTION 180 OF THE PLANNING AND DEVELOPMENT ACT 2000

At the Dún Laoghaire Area Committee Meeting on 8 th June and the Dundrum Area Committee Meeting on 27 th June, 2011, members were notified that the taking in charge process was going to commence for the following two estates and access road:

Olcovar, Dublin Road, Shankill, Co. Dublin. [as detailed on Drg. No. B.C. 1545]

Woodpark Heath, Ballinteer Road, Dublin 16. [as detailed on Drg. No. B.C. 1551]

Access Road, off Kellystown Road to Brehon’s Chair Development, Rathfarnham, Dublin 16. [as detailed on Drg. No. B.C. 1397]

On 1 st July 2011 statutory notice was given in the Irish Times of the Council’s proposal to take the above roads in charge, and to declare the roads to be public roads. Maps and schedule were available for inspection for one month.

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

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

RESOLUTION: “The foregoing report of the Manager is APPROVED and it is hereby RESOLVED that, in accordance with Section 11 of the Roads Act 1993, the roads in the estates and the access road listed hereunder, be taken in charge and that the roads be declared to be public roads.

Olcovar, Dublin Road, Shankill, Co. Dublin. [as detailed on Drg. No. B.C. 1545]

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Woodpark Heath, Ballinteer Road, Dublin 16. [as detailed on Drg. No. B.C. 1551]

Access Road, off Kellystown Road to Brehon’s Chair Development, Rathfarnham, Dublin 16. [as detailed on Drg. No. B.C. 1397]

Kathleen Holohan Director of Planning

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MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

REPORT SUBMITTED IN ACCORDANCE WITH PART 8, ARTICLE 81 OF THE PLANNING AND DEVELOPMENT REGULATIONS, 2001 – 2010, PLANNING AND DEVELOPMENT ACT 2000, AS AMENDED AND SECTION 138 OF THE LOCAL GOVERNMENT ACT, 2001.

PROPOSED DEVELOPMENT: PROPOSED RECREATIONAL IMPROVEMENTS AT QUINN’S ROAD, SHANKILL, CO. DUBLIN

PC/03/11

In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001-2010, the Council gave notice of the proposed development in The Irish Times on Friday 10 th June, 2011. Plans and particulars of the proposed development were available for inspection from Friday 10 th June 2011 up to and including Friday 22 nd July, 2011, at the Planning Department, County Hall, Marine Road, Dún Laoghaire, between 10.00am and 4.00pm and at the Council Offices, Dundrum Office Park, Dundrum, between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm, Monday to Friday, excluding Bank Holidays. Submissions and observations with regard to the proposed development could be made up to and including Friday 5 th August 2011.

SITE LOCATION:

The subject site, an area of approximately 3.4 hectares, is currently occupied by a public park and sports facilities. The public open space occupies the majority of the site and the sports facilities, tennis and bowling clubs, are located to the north and east of the site. The site is accessed from Quinn’s Road along the eastern boundary.

The subject site is bounded by Quinn’s Road to the east and north, the DART line to the west and residential development to the south. Shankill village and Shankill DART station are within 900m walking distance of the site.

ZONING AND OTHER OBJECTIVES:

Under the 2010 – 2016 Dún Laoghaire-Rathdown County Development Plan the subject site is zoned ‘F’: “ To preserve and provide for open space with ancillary active recreational amenities ”.

The land uses ‘Permitted in Principle’ under the ‘F’ zoning objective include; open space, sports facility and community facility. Land uses that are ‘Open for Consideration’ include a car park.

Lands immediately to the east and to the south of the site, which consist of a number of large dwellings on open land, have a zoning objective ‘GB’: “ To protect and enhance the open nature of lands between urban areas ”. On these lands there are objectives “to protect and preserve trees and woodlands.”

Lands to the north and west have a zoning objective ‘A’: “To protect and / or improve residential amenity.” These areas comprise of established residential developments.

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There are a number of policies within the 2010-2016 County Development Plan that support the proposed development. These include the following:

Policy LHB18: Parks, Coastline and Harbours, states that it is Council policy to improve recreational and tourism-related amenities in its public parks along the coastline.

Policy OSR3: Future Improvements, states that it is Council policy to continue to improve, landscape, plant and develop more intensive recreational and leisure facilities within its parks and open spaces insofar as resources will permit and that the development of appropriate complementary facilities does not detract from the overall amenities of the spaces.

Policy OSR9: Sports and Recreational Facilities, states that it is Council policy to promote the provision and management of high quality sporting and recreational infrastructure throughout the County to ensure that the particular needs of different groups are incorporated into the planning and design of new facilities.

Policy OSR10: Protection of Sports Grounds/Facilities, states that it is Council policy to ensure that adequate playing fields for formal active recreation are provided for in new development areas and that existing sports facilities and grounds within the established urban area are protected, retained and enhanced – all in accordance with the outputs and recommendations from the Green Space Strategy currently being prepared for the 2010-2016 County Development Plan.

Policy OSR11: Play Facilities states that it is Council policy to support the provision of structured and unstructured play areas with appropriate equipment and facilities throughout the County and to ensure the needs of all age groups – children, teenagers, adults and older people – are facilitated in the public parks of Dún Laoghaire-Rathdown.

The 2010-2016 County Development Plan states that it is important that facilities are located where they are of most value and accessible to the community being served and that sports facilities should provide a variety of both indoor and outdoor recreational facilities.

EXISTING FACILITIES The existing facilities include the following: a bowling green, cabins with an outdoor area (used as a temporary clubhouse by Shankill Bowling Club), Shankill Tennis Club clubhouse, seven outdoor tennis courts, floodlighting columns and 23 car parking spaces. The sports facilities are separated from the remainder of the park by 3m high fencing. The open space is surrounded by hedgerows and there is an existing copse of mature trees abutting Quinn’s Road.

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NATURE AND DESCRIPTION OF THE SUBJECT PART 8 PROPOSED DEVELOPMENT:

The proposal consists of the following works:

1. New clubhouse for Shankill Bowling Club; 2. An indoor tennis hall accommodating three new tennis courts; 3. Two outdoor mini tennis courts; 4. A hitting wall; 5. A children’s playground; 6. Additional car parking in the exiting car park and along Quinn’s Road; 7. Provision of two new vehicular entrances; 8. Eleven new floodlighting columns with the possibility of an additional 12 new floodlighting columns if funding is not provided for the indoor sports hall; 9. Landscaping (to include earth mounding in the open space) and new boundary treatment; 10. Site services.

SCHEME LAYOUT:

1. New clubhouse for Shankill Bowling Club It is proposed to construct a single-storey building, approximately 280sqm in area and which will act as a clubhouse for Shankill Bowling Club, beside the existing bowling green and car park to the north of the site. The building will have a pitched roof and timber cladding to the external elevations and will provide an indoor bowling hall, changing and toilet facilities, and a kitchen/dining area.

2. Indoor Tennis Hall It is proposed to construct three tennis courts to the southeast of existing court number 4 and to cover them with a translucent PVC covered structure. The external walls will have a height of approximately 5m and the PVC roof will be dome shaped with a maximum height of approximately 11.6m. The tennis courts will function as outdoor tennis courts until the structure is constructed over. Once constructed, the structure will accommodate three tennis courts, equipment storage space and toilet facilities.

It will be equipped with appropriate security equipment including CCTV which will be monitored from the existing Clubhouse.

Relocation of Tennis Courts Existing tennis court numbers 5, 6 and 7 will be relocated approximately 2.5m in a southwest direction in order to provide a wider pathway between them and tennis court numbers 1 - 4 to cater for access between the tennis clubhouse and the indoor hall. Existing floodlighting will be correspondingly relocated.

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It is also proposed to resurface the existing tennis court numbers 1 – 4.

3. Outdoor Mini Tennis Courts It is proposed to build two outdoor mini tennis courts to the south of existing court number 7. These courts will be used primarily for coaching and training. This area will be equipped with floodlights.

4. Hitting Wall A hitting wall is proposed to the west of the proposed indoor tennis hall. This will be eight metres long and three metres high with a further 1 metre high ball restraint.

5. Children’s Play Area A children’s play area, approximately 480sqm in area, will be constructed to the west of the mini tennis courts and hitting wall, outside of the perimeter fencing. This play area will include play equipment and a climbing wall, and will be similar in character to the one installed at Shanganagh Park. It will be permanently open to the public.

Apart from the boundary shared with tennis/bowling facilities, the children’s playground will be surrounded by a mesh fence, approximately 1.2 metres high.

6. Car Parking Public car park: The existing car park has 23 car parking spaces which includes one disabled car parking space. It is proposed to amend the existing layout to the car park and to provide an additional 12 car parking spaces, which will result in a total of 35 car parking spaces and which will include 2 disabled car parking spaces.

Parking on Quinn’s Road: It is proposed to provide 14 car parking spaces on Quinn’s road; 8 spaces adjacent to the outdoor tennis courts and 6 spaces adjacent to the indoor tennis court hall. This will require removal of the existing mounding beside the carriageway at Quinn’s Road. Considering the rural character of Quinn’s Road no footpath is proposed beside these parking spaces. The raised ditch with existing trees will be retained and augmented with additional tree planting as required.

Cycle racks: Twenty covered bicycle spaces will be provided in the public car park.

7. Vehicular Access The existing masonry entrance at the northern corner of the open space will be removed. The existing vehicular access will be retained for access to the public car park, which is located further along in the northern corner of the site.

Two new vehicular accesses are proposed for service/emergency vehicles only. One entrance will provide access to the existing Tennis Club clubhouse and outdoor tennis courts and the second entrance will provide access to the new indoor tennis court hall. Both entrances will have dedicated pedestrian access.

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8. Floodlighting to tennis courts It is proposed to: • Retain 15 existing floodlight columns on Courts 1,2 3 and 4 • Relocate and renew 12 existing floodlight columns on Courts 5, 6 and 7 • Erect 11 new floodlight columns on the new Courts 8, 9 and at the Hitting Wall. • In the event that funding is not available for the indoor sports hall, erect 12 new floodlight columns on the new Courts 10, 11 and 12. Note : Drawing 5 ( Lux levels for proposed sports floodlighting ) and Appendix 5 ( Light Spill Report produced by Philips Lighting Ireland, Ltd .) reflect a worst case scenario where all these floodlighting columns are installed. The new columns will be 10m high and will be located around the new tennis courts and the proposed hitting wall. Twelve additional columns may be installed around the indoor tennis courts if funding is not forthcoming for the indoor tennis court structure.

The scheme is designed to prevent nuisance and to keep light pollution (glare, overspill and upward light) of adjacent properties to a minimum. To achieve this, the lanterns will be carefully angled.

Use of the floodlights will only be permitted between 8.00 a.m. and 10.00 p.m. daily.

9. Landscaping and Boundary Treatment: The majority of the existing trees along Quinn’s Road will be retained however the existing trees to the southeast of court number 4 will be removed to allow for the construction of the indoor tennis courts. Additional planting, using appropriate natural species, will be provided in the remainder of the open space to compensate for the loss of trees.

New paths, 3m wide, will be provided around the perimeter of the existing open space to the south and west of the tennis court and bowling facilities. These paths will provide access to the proposed new children’s playground and to the proposed new recreational facilities and will also facilitate vehicular access (for maintenance).

With regards to hard landscaping, the area in front of the proposed indoor tennis court hall will be paved and will connect with the existing tennis clubhouse by means of a paved pathway. A footpath, approximately 1.5 metres wide will be constructed around the perimeter of the indoor tennis hall.

The tennis facilities (clubhouse, courts, hitting wall and indoor hall) along with the bowling facilities (clubhouse and bowling green) will be surrounded by a 3m high mesh panel fence and, apart from the boundary shared with tennis/bowling facilities, the children’s playground will be surrounded by a mesh fence, approximately 1.2m high. Gates will be provided to the pedestrian and vehicular access points. These will be designed to match the boundary fence.

An existing (redundant) vehicular access at the northern corner of the site will be removed and the boundary at this location will be altered to a 1.2m high mesh fence.

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10. Services and Drainage: Overhead electrical services on the site will be relocated and put underground. The drainage system will be designed in accordance with the Greater Dublin Regional Code of Practice for Drainage Works. An attenuation area is proposed beneath the hard surfaced areas adjoining the indoor tennis hall and surface water from the roof of the indoor tennis hall will discharge into the attenuation area.

INTERNAL REPORTS RECEIVED:

Water and Waste Services Department: No objection raised in a drainage report dated 24/08/2011.

Parks and Landscape Services Department: No objection raised in a report dated 25/08/2011.

Transportation Department: No objection raised in a report dated 25/08/2011. The report recommends providing additional cycle parking spaces near the playground.

LIST OF PERSONS/BODIES WHO MADE SUBMISSIONS:

The closing date for receipt of submissions/observations was Friday 5 th August 2011. Nine submissions were received within the stipulated time period (see Table A).

It is noted that the majority of submissions were received from residents in the Corbawn area (residences in the vicinity of the site).

Table A: list of persons/bodies who made submissions

No. Name Address 1. John Olson 15 Corbawn Grove, Shankill, Co. Dublin 2. Marcela Kirwan 5 Corbawn Lawn, Shankill, Dublin 18 3. Gerard Ryan 79 Corbawn Drive, Shankill, Co. Dublin 4. Gillian Martin 36 Corbawn Close, Shankill, Co. Dublin 5. Reid Associates on 2 Castle Place, Breffni Road, Sandycove, Co. behalf of Corbawn Dublin Residents Association, 6. Jenny Nugent 95 Eaton Wood Grove 7. Susannah Kingston 5 Mulgrave Street, Dun Laoghaire, Co. Dublin 8. Nicole & Tanguy Le 7 Corbawn Drive, Shankill, Co. Dublin Saout 9. Edward Redding 5 Mulgrave Street, Dun Laoghaire, Co. Dublin

SUMMARY OF THE SUBMISSIONS:

The main issues raised were: • Impact on environment: The scheme, in particular the floodlights and pedestrian pathway, will damage the habitats, hedges and trees. Furthermore the additional traffic will impact on the environment. It was commented that a standard tree survey and a screening for Appropriate Assessment were not carried out.

Document Pack Page 302 • Additional car parking spaces on Quinn’s Road: Concern was raised regarding the proposed additional fourteen car parking spaces on Quinn’s Road. One of the main issues is mainly that the existing road has a unique rural charm and additional car parking will remove the rural aspect and sylvan nature of the lane. An agreement has already been made with a different department that after the pipe laying (already completed) that the lane would be restored to its rural setting and this proposal will negate that agreement. Furthermore there was a previous problem with caravans parking illegally overnight and a mound was provided by the Council on the lane to prevent this. There is concern that the removal of the earth mound and the provision of car parking spaces will facilitate unauthorised encampment once more. Finally, the additional car parking spaces will restrict access to the sea and park and will endanger pedestrians and cyclists. • Additional traffic generated by proposed development: The existing laneway, which is rural in character, forms the main pedestrian route from the Corbawn area to the beach and it is used a lot by pedestrians and cyclists and very few cars use the laneway. The increase in traffic using the laneway will discourage pedestrians using the beach and local amenities and it is noted that no traffic impact assessment has been carried out. It is further noted that the railway bridge at the end of Quinn’s Road is too low for emergency vehicles to pass under. • Urbanisation of the laneway would facilitate future development within the area. • Playground: Concern has been raised regarding the location of the playground which will be accessed via two pedestrian paths, one of the paths will be between the new building and the DART tracks which is isolated and the area may attract anti-social behaviour. While a number of submissions have welcomed the provision of a playground, a submission has also stated that there is no need for another playground as there is already one located in Shankill. • Impact of proposed building: Concern has been raised regarding the visual impact of the new building due to its height, scale, mass and design and that it will impact negatively on the visual character of Quinn’s Road. • Disruption from construction traffic and concerns regarding the accessibility of construction traffic due to the existing low railway bridge. • Concerns about light pollution from new lighting columns. • No prior consultation with the residents prior to the presentation of the plans for public display. • Compliance with the 2010-2016 County Development Plan: Some submissions state that the site is zoned for ‘open space’ and the proposal does not comply with this and that the proposal does not comply with Policy T1, Policy T2 and Policy T14 of the 2010-2016 County Development Plan. • Need for the proposed development: Some submissions have stated that the existing tennis club is not very busy and thus there is no need for an expansion and there is no need for a pedestrian path around the field. It is noted also that a number of submissions welcome the proposed expansion of the facilities.

In the event that the development proceeds, the following should be provided: • A liaison group should be set up between local residents and the Council and contractor so that any issues arising during the construction period can be discussed. • The additional car parking spaces on Quinn’s Road should be removed and located closer to the beach. • Quinn’s Road East should be designated as a pedestrian priority zone. • The additional car parking spaces proposed in the existing car park should be omitted and instead a set down drop-off area should be provided.

Document Pack Page 303 • The existing vehicular access should be retained. • The indoor tennis courts should be relocated to the south of the proposed mini tennis courts to avoid the loss of woodland area C. This would allow the relocation of the playground. • A Mobility Management Plan should be prepared and agreed with the tennis and bowling clubs. • The proposed 3m pedestrian route around the park should be omitted. • The proposed twenty bicycle parking spaces should be relocated to the entrance to the playground. • A granite stone wall should be reconstructed along the boundary onto Quinn’s Road. • An obstacle course should be provided in proximity to the playground.

Submissions in support of the scheme welcome the Council’s commitment to expand the facilities for the local community, to provide covered tennis courts which is needed and for the provision of a new playground.

The submissions (and the details pertinent to the respective submissions) are duly noted, and have been assessed accordingly.

MANAGER’S RESPONSE TO SUBMISSION ISSUES RAISED:

Impact on Environment: Measures are proposed as part of the proposed development to minimise the adverse impact of the scheme on the physical environment. In this respect the following work will be undertaken: • The majority of the existing trees along Quinn’s Road will be retained. However, sections of the hedgerow on Quinn’s Road, which may be damaged during construction work, will be replaced as outlined in the planting programme. • To compensate for the removal of trees, new trees will be planted within the existing open space. • Any loss to habitats that may occur due to the removal of existing vegetation will be renewed and restored in the long term due to the provision of new planting and trees. • A 3m wide pathway is being provided to improve accessibility to the open space. This will encourage pedestrians to keep to the pathway and not to walk across/damage habitats and it will allow accessibility by maintenance vehicles to maintain the open space. • The proposed floodlighting columns and heads will be designed such that any glare to the surrounding areas is minimised.

With regard to a Tree Survey, the trees which will be impacted upon are not single specimen trees but rather hedgerows and a mixed woodland (with many over- mature poplars in poor condition). As a result a discourse was provided on these groups of trees rather than a survey of each individual tree. A report on this is contained in Appendix 2 of the report accompanying the proposed Part 8 development.

With regard to an Appropriate Assessment, a screening for Appropriate Assessment was undertaken, copies of which are available, and it was concluded that a full

Document Pack Page 304 Habitats Directive Appropriate Assessment report is not required for the proposed development.

Impact of additional car parking spaces on Quinn’s Road: The additional car parking spaces, within the site and on Quinn’s Road, are necessary to serve the proposed development and the proposed parking on the road will remove some of the inappropriate parking that occurs occasionally on the road and on nearby roads. Furthermore, the proposed parking layout will also ensure that the road is not obstructed at the proposed parking locations thus allowing safer use of the road by all road users including cyclists and pedestrians. The omission of car parking spaces in favour of a drop-off zone is not appropriate.

In relation to the existing vegetation that adds to the rural character of the road, it is proposed to retain the majority of the existing trees along Quinn’s Road. The location of the proposed car parking spaces were identified to minimise any impact on the existing hedgerows, however, any sections of the hedgerows on the road which may be damaged during construction works will be replaced as outlined in the planting programme (outlined in Appendix 2 of the report accompanying the proposed Part 8 development).

In relation to the submission referring to the commitment stated by another Council Department, regarding the pipe laying and the restoration of the original state of Quinn’s Road, it is noted that these pipe laying works are ongoing at present. The Parks and Landscape Services Department are currently in discussion with the contractor responsible for the pipe laying works, regarding final reinstatement. In the event that this Part 8 is approved, then the final reinstatement works will facilitate the proposed Part 8 development.

In accordance with the Housing (Miscellaneous Provisions) Act 2002, the County Council, in conjunction with the Garda Siochana, has greater autonomy to deal with unauthorised caravan parking and thus the need for a physical impediment to prevent illegal encampment is no longer necessary.

Additional traffic generated by proposed development: The additional traffic generated by the development is considered to be low in volume and the additional recreational uses will generate traffic at different times of the day and thus a Traffic Impact Assessment is not deemed necessary. Furthermore, the presence of the low railway bridge along Quinn’s Road also determines the amount and nature of vehicular traffic entering the site.

The existing mound on Quinn’s Road will be removed and replaced with the proposed car parking spaces thus the cycle and pedestrian link from Rathsallagh, through Corbawn Estate, Quinn’s Road and Shanganagh Park will not be severed.

Access to the site by emergency vehicles (and construction vehicles where necessary) will be from Corbawn Drive, crossing over the area of public open space and onto Quinn’s Road. This will be necessary due to the existing low railway bridge.

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Urbanisation of the laneway would facilitate future development within the area: The road is being provided with fourteen car parking spaces due to the removal of the existing mound along the road’s verge. It is not considered that this will result in an urbanisation of the roadway or that it will facilitate future development.

It is also noted that the lands to the east and south of the site are zoned ‘GB’ “to protect and enhance the open nature of lands between urban areas” in the 2010- 2016 County Development Plan.

Retention of the existing vehicular access and reconstruction of the granite boundary wall: The existing vehicular access at the northern corner of the site has been redundant for some time and is located on a bend which is a hazard to pedestrians, cyclists and motorists. This will be removed. The existing entrance to the east of the site which is currently in use will be retained.

It is considered that a granite stone wall along Quinn’s Road is not appropriate at this location and a 3m high mesh fence is proposed which will have less of a visual impact on Quinn’s Road.

Playground: The site for the proposed playground is to the south of the recreational facilities and it will adjoin the mini tennis courts. As a result the playground will receive maximum passive surveillance. With regards to the need for another playground in Shankill, there is an existing playground at Shanganagh Park which is clearly visible from the Dublin Road and consequently caters for a large catchment area. It is anticipated that the proposed playground at Quinn’s Road will cater for more local use from the adjacent residential estates and parents/children using the adjoining recreational facilities.

If funding is available, the Parks and Landscapes Services Department shall consider installing larger, stationary pieces of play equipment or similar on the mound area within the open space to serve as an obstacle course.

Impact of proposed indoor tennis court building: The design and scale of the proposed indoor tennis court building is appropriate to it’s function and the use of the building. The proposed indoor tennis court building will have an eaves level height of approximately 5m and a roof ridge height of a stated 11.6m, a width of a stated 39.7m and a length of a stated 55m. The proposed roof will consist of white PVC coated polyester fabric and the external walls will consist of green rigid PVC. The width and length of the building, coupled with the low eaves level, will result in a non-imposing roof pitch which will reduce the visual impact of the building on the surrounding area. Furthermore the proposed materials and finishes are appropriate to the use of the building and will further reduce the visual impact of the building on the surrounding area. The building will also be screened from Quinn’s Road by trees.

The location of the building within the site is appropriate and was identified to ensure accessibility from Quinn’s Road and to ensure that the open space area is maintained as much as possible.

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Disruption from construction traffic and concerns regarding the accessibility of construction traffic due to the existing low railway bridge: The construction period is temporary and measures will be taken to avoid undue disruption to the local residents during this period. Due to the existing low railway bridge, the construction vehicles will access the site, where necessary, from Corbawn Drive, across the public open space onto Quinn’s Road. Construction vehicular movements over the public open space between Corbawn Drive and Quinn’s Road will be kept to a minimum and the Parks and Landscape Services Department will enter into dialogue with residents of Corbawn Estate to minimise disruption when access for construction vehicles is required over the public open space.

Concerns about light pollution from new lighting columns: The proposed floodlighting columns and heads will be designed such that any glare to the surrounding areas is minimised. A report prepared by Philips Lighting Ireland (contained within Appendices 4 and 5 of the report accompanying the proposed Part 8 development) displays the maximum resulting lux levels from the proposed floodlighting columns (worst case scenario) and this shows no light overspill to surrounding residential properties from the floodlighting columns.

Compliance with the policies and objectives of the 2010-2016 County Development Plan: Under the 2010 – 2016 Dún Laoghaire-Rathdown County Development Plan the subject site is zoned ‘F’: “ To preserve and provide for open space with ancillary active recreational amenities ”.

Policy T1 refers to the integration of land use and transportation policies; Policy T2 refers to the development of sustainable travel and transportation policies and Policy T14 refers to mobility management plans.

The proposed development complies with Policies T1 and T2 in that it promotes sustainable and active travel and encourages pedestrian and cyclist use of the site. In this respect it provides pedestrian access to the site, provides a pedestrian / cyclist path around the public open space and bicycle parking is proposed with the provision of twenty covered bicycle stands to the east of the existing bowling club.

In relation to Policy T14, the scale of the development is considered to be too small to require a mobility management plan.

It should be noted that the proposed development also complies with other policies and objectives of the 2010-2016 County Development Plan. These include the following: Policy LHB18: Parks, Coastline and Harbours, Policy OSR3: Future Improvements, Policy OSR9: Sports and Recreational Facilities, Policy OSR10: Protection of Sports Grounds/Facilities, Policy OSR11: Play Facilities.

Lack of need for the proposed development: The benefits of the proposed scheme are clearly demonstrated by its fulfilment of various Council policy commitments and the scheme represents a significant

Document Pack Page 307 enhancement of the recreational facilities available to the public at Quinn’s Road, Shankill.

Furthermore, the provision of additional car parking spaces, cycle-parking, new access routes and a pedestrian path around the park will improve the accessibility of the site to pedestrians, cyclists and motorists and will increase the use of this recreational amenity.

Lack of consultation with the residents prior to the presentation of the plans for public display: The proposed scheme went on public display for a period of six weeks from 10 th June to 22 nd July 2011 inclusive and submissions were accepted on the scheme until 5 th August 2011. These submissions are addressed in this report and any amendments required arising from the submissions. This is the appropriate mechanism in which to proceed with a Part 8 proposal.

RECOMMENDATION:

1. An additional six bicycle parking spaces shall be provided adjacent to the proposed playground.

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

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

“The foregoing report of the Manager is APPROVED and it is AGREED to proceed with the proposed recreational improvements at Quinn’s Road, Shankill, Co. Dublin in accordance with the drawings and report which were on display and to any such minor and immaterial alterations to the plans and particulars of the development subject to the following amendment:

1. An additional six bicycle parking spaces shall be provided adjacent to the proposed playground.

Kathleen Holohan Director of Planning

Document Pack Page 308 Agenda Item 17

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

CATHAOIRLEACH'S BUSINESS

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Document Pack Page 310 Agenda Item 18

DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/2011 - 31/07/2011 7 58.33%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 18,095,835 31,880,100 56.76 B Road Transportation & Safety 15,772,113 26,556,300 59.39 C Water Services 18,938,916 32,471,200 58.33 D Development Management 7,452,094 13,169,400 56.59 E Environmental Services 19,893,581 34,710,400 57.31 F Recreation & Amenity 14,744,589 25,891,100 56.95 G Agriculture, Education, ------Health & Welfare 4,609,835 7,766,200 59.36 H Miscellaneous Services 12,736,784 22,525,600 56.54 TOTAL: 112,243,747 194,970,300 57.57

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 13,906,151 26,554,600 52.37 B Road Transportation & Safety 6,023,648 10,214,600 58.97 C Water Services 4,810,309 8,905,900 54.01 D Development Management 967,837 2,001,800 48.35 lll E Environmental Services 4,928,188 8,318,500 59.24 F Recreation & Amenity 2,399,305 5,023,400 47.76 G Agriculture, Education, ------Health & Welfare 3,897,897 6,513,500 59.84 H Miscellaneous Services 3,267,592 5,538,900 58.99 SUB TOTAL: 40,200,928 73,071,200 55.02 Commercial Rates 51,857,808 88,899,100 58.33 Local Government Fund 18,375,000 31,500,000 58.33 Provision for credit balance 875,000 1,500,000 58.33 TOTAL INCOME: 111,308,736 194,970,300 57.09

DEFICIT at 31/07/2011 -935,011

Date 22/08/11

Signed: H. Cunningham A/Head of Finance

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Document Pack Page 312 Agenda Item 19

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the Organisation, Procedure and Protocol Committee held in the Dundrum Local Office, Dundrum Office Park, on Wednesday, 6 July 2011 at 3.30 pm

PRESENT

Councillors: Councillors:

Bailey, John F Humphreys, Richard Baker, Marie Joyce, Tom Boyhan, Victor Lewis, Hugh Bhreathnach, Niamh O'Callaghan, Denis Hand, Pat Smyth, Carrie Horkan, Gerry

An Cathaoirleach, Councillor J. F. Bailey presided as Chairperson.

Apologies were received from Councillor Donal Marren, Gearóid O'Keeffe, Barry Saul and Barry Ward.

OFFICIALS PRESENT

Bernie Gilligan (Senior Executive Officer Corporate Services), Austin Baines (Senior Executive Officer I.T. & Communications), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services)

OP/48/11 Minutes of Previous Meeting

Minutes of Organisation, Procedure and Protocol Committee Meeting held on 18 May 2011

It was proposed by Councillor R. Humphreys, seconded by Councillor P. Hand and RESOLVED :

“That the minutes of Organisation Procedure and Protocol Committee meeting held on 18 May 2011 be ADOPTED and APPROVED .”

OP/49/11 Draft Calendar of Meetings: September - December 2011

The following draft Calendar of Meetings for the period September to December 2011 was CONSIDERED :

DRAFT CALENDAR OF MEETINGS FOR PERIOD SEPTEMBER TO DECEMBER 2011

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 29 August Tuesday, 30 August Wednesday, 31 August Thursday, 1 September Friday, 2 September

Document Pack Page 313 (Presidential Candidates) Tuesday, 6 September Wednesday, 7 September Environment, Culture & Community SPC Council Chamber 5pm-7pm 15/08/2011 Thursday, 8 September Organisation, Procedure & Protocol Dundrum 3.30-4.30pm 24/08/2011 Committee Transportation SPC Dundrum 5pm-7pm 16/08/2011 Friday, 9 September DLR Properties Ltd To be confirmed 8.30-11.30am

Monday, 12 September County Council Council Chamber 5pm-8pm 29/08/2011 Tuesday, 13 September dlr Leisure Services Library Road 3.00pm Wednesday, 14 September Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 15 September Housing SPC HR Meeting Room 5pm-7pm 23/08/2011 Friday, 16 September

Monday, 19 September County Dublin VEC VEC, Tallaght 6.00pm Joint Policing Committee (Public Meeting) Annex 7.00pm Tuesday, 20 September Regional Health Forum Tullamore 2.30pm Dublin Regional Authority 6.30pm Wednesday, 21 September Thursday, 22 September Audit Committee Annex 2.30pm Water & Waste SPC Council Chamber 5pm-7pm 29/08/2011 Dún Laoghaire VEC 6.30pm Friday, 23 September County Development Board HR Meeting Room 8.00am

Monday, 26 September Dún Laoghaire Area Committee (EWH) Council Chamber 5pm-7pm 12/09/2011 Dundrum Area Committee (P&T) Dundrum Office 5pm-7pm 12/09/2011 Tuesday,27 September Wednesday, 28 September Planning SPC Council Chamber 5pm-7pm 02/09/2011 Thursday, 29 September Friday, 30 September

Monday, 3 October Dún Laoghaire Area Committee (P&T) Council Chamber 5pm-7pm 19/09/2011 Dundrum Area Committee (EWH) Dundrum Office 5pm-7pm 19/09/2011 Tuesday, 4 October Dún Laoghaire Theatre Company Pavillion Theatre 4.00pm Wednesday, 5 October Thursday, 6 October Friday, 7 October

Monday, 10 October County Council Council Chamber 5pm-8pm 26/09/2011 Tuesday, 11 October Wednesday, 12 October Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 13 October Friday, 14 October

Monday, 17 October County Dublin VEC VEC, Tallaght 6.00pm Tuesday, 18 October Regional Health Forum Naas 3pm Dublin Regional Authority 6.30pm Wednesday, 19 October Thursday, 20 October Friday, 21 October

Monday, 24 October Dún Laoghaire Area Committee (EWH) Council Chamber 5pm-7pm 10/10/2011 Dundrum Area Committee (P&T) Dundrum Office 5pm-7pm 10/10/2011 Tuesday, 25 October Wednesday, 26 October Thursday, 27 October Dún Laoghaire VEC 6.30pm Friday, 28 October

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 31 October BANK HOLIDAY Tuesday, 1 November Wednesday, 2 November Thursday, 3 November Friday, 4 November

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Monday, 7 November Dún Laoghaire Area Committee (P&T) Council Chamber 5pm-7pm 21/10/2011 Dundrum Area Committee (EWH) Dundrum Office 5pm-7pm 21/10/2011 Tuesday, 8 November Wednesday, 9 November Deputations: In Private Session To Be Confirmed 2.15pm Thursday, 10 November Friday, 11 November DLR Properties Ltd 8.30-11.30am

Monday, 14 November County Council Council Chamber 5pm-8pm 28/10/2011

Tuesday, 15 November Regional Health Forum Tullamore 2.30pm Dublin Regional Authority 6.30pm Wednesday, 16 November Thursday, 17 November Organisation Procedure & Protocol Council Chamber 3.30pm-4.30pm 07/11/2011 Committee Friday, 18 November

Monday, 21 November County Dublin VEC VEC, Tallaght 6.00pm Tuesday, 22 November Wednesday, 23 November Thursday, 24 November Dún Laoghaire VEC 6.30pm Friday, 25 November

Monday, 28 November Dún Laoghaire Area Committee (EWH) Council Chamber 5pm-7pm 14/11/2011 Dundrum Area Committee (P&T) Dundrum Office 5pm-7pm 14/11/2011 Tuesday, 29 November Wednesday, 30 November Thursday, 1 December Friday, 2 December

Monday, 5 December Dún Laoghaire Area Committee (P&T) Council Chamber 5pm-7pm 21/11/2011 Dundrum Area Committee (EWH) Dundrum Office 5pm-7pm 21/11/2011 Tuesday, 6 December Dún Laoghaire Theatre Company Pavillion Theatre 4.00pm Wednesday, 7 December Environment, Culture & Community SPC Council Chamber 5pm-7pm 14/11/2011 Thursday, 8 December Transportation SPC Council Chamber 5pm-7pm 15/11/2011 Friday, 9 December

Monday, 12 December County Council Council Chamber 5pm-8pm 28/11/2011 Tuesday, 13 December dlr Leisure Services Library Road 3.00pm Dublin Regional Authority 6.30pm Wednesday, 14 December Thursday, 15 December Housing SPC HR Meeting Room 5pm-7pm 22/11/2011 Dún Laoghaire VEC 6.30pm Friday, 16 December County Development Board HR Meeting Room 8.00am

Monday, 19 December Joint Policing Committee Annex 4.00pm Planning SPC Council Chamber 5pm-7pm 25/11/2011 County Dublin VEC VEC, Tallaght 6.00pm Tuesday, 20 December Regional Health Forum Naas 3pm Wednesday, 21 December Water & Waste SPC Council Chamber 5pm-7pm 28/11/2011 Thursday, 22 December Friday, 23 December

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

The following amendment to the draft Calendar was proposed:

“To move the Water and Waste SPC from Wednesday, 21st December 2011 to Wednesday, 14 th December 2011 and to hold the meeting in the Dundrum Office.”

Document Pack Page 315 The amendment was AGREED .

CALENDAR OF MEETINGS FOR PERIOD SEPTEMBER TO DECEMBER 2011

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 29 August Tuesday, 30 August Wednesday, 31 August Thursday, 1 September Friday, 2 September

Monday, 5 September Dún Laoghaire Area Committee (P&T) Council Chamber 5pm-7pm 22/08/2011 Dundrum Area Committee (EWH) Annex 5pm-7pm 22/08/2011 County Council – Special Meeting Council Chamber 7pm-8pm (Presidential Candidates) Tuesday, 6 September Wednesday, 7 September Environment, Culture & Community SPC Council Chamber 5pm-7pm 15/08/2011 Thursday, 8 September Organisation, Procedure & Protocol Dundrum 3.30-4.30pm 24/08/2011 Committee Transportation SPC Dundrum 5pm-7pm 16/08/2011 Friday, 9 September DLR Properties Ltd To be confirmed 8.30-11.30am

Monday, 24 October Dún Laoghaire Area Committee (EWH) Council Chamber 5pm-7pm 10/10/2011

Document Pack Page 316 Dundrum Area Committee (P&T) Dundrum Office 5pm-7pm 10/10/2011 Tuesday, 25 October Wednesday, 26 October Thursday, 27 October Dún Laoghaire VEC 6.30pm Friday, 28 October

DATE MEETING/FUNCTION VENUE TIME CLOSING DATE Monday, 31 October BANK HOLIDAY Tuesday, 1 November Wednesday, 2 November Thursday, 3 November Friday, 4 November

Monday, 14 November County Council Council Chamber 5pm-8pm 28/10/2011

Monday, 21 November County Dublin VEC VEC, Tallaght 6.00pm Tuesday, 22 November Wednesday, 23 November Thursday, 24 November Dún Laoghaire VEC 6.30pm Friday, 25 November

Monday, 12 December County Council Council Chamber 5pm-8pm 28/11/2011 Tuesday, 13 December dlr Leisure Services Library Road 3.00pm Dublin Regional Authority 6.30pm Wednesday, 14 December Water & Waste SPC Dundrum Office 5pm-7pm 21/11/2011 Thursday, 15 December Housing SPC HR Meeting Room 5pm-7pm 22/11/2011 Dún Laoghaire VEC 6.30pm Friday, 16 December County Development Board HR Meeting Room 8.00am

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

The draft Calendar of Meetings for the period September – December 2011, as amended above, was AGREED .

OP/50/11 Manager's Business

(a) Smartphones

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

“Following a discussion at the last OP&P meeting, on Councillor Bhreathnach’s item in relation to Smartphones, it was agreed that Cllr. Bhreathnach would represent the Councillors in discussions with the Corporate Services and I.T. Department regarding smart phones.

It was also agreed that Councillor Bhreathnach’s suggestion that Councillors be allowed used their Conference allowances expenses to purchase Smartphones like the iphone, be listed at this meeting for discussion.

Discussions took place with Councillor Bhreathnach.

We have received legal advice that it would not be possible to spend money from the Conference budget for non Conference items.

However, if the OP&P recommend it and it is passed by the Council, we can reallocate budget money from the Conference Budget to another Budget code called Technology. This Technology Budget could be used to purchase Smartphones.

The numbers of Councillors, who opt for Smartphones, will determine the amount of money to be transferred from the Conference budget to the new proposed Technology Budget. The transfer of Budget to this Technology Budget will reduce the Conferences Budget.”

A discussion took place, during which Mr. A. Baines, Senior Executive Officer responded to members queries. The report of the Manager was NOTED . It was AGREED to go ahead and set up a separate allocation out of the 2011 Education and Training Budget for purchase of technology, subject to Council approval. It was also AGREED that Mr. Baines would look into pricing etc for smartphones.

(b) Councillor's Extranet

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

“At the last OP& P meeting, it was agreed that we look at providing a Councillors Extranet. An Extranet is like a website but it is a website for Councillors use only.

Following discussions with other Local Authorities, here is a suggested list of some items that might be provided on a Councillors Extranet

Document Pack Page 318

Suggested Items for Councillors Extranet Links to planning application system and development plan maps and documents Latest news on Council website. Calendar of council events/meetings. Profile page for each Councillor, with content (re spc /area committee meetings) tailored to suit? Council Minutes and Agendas Councillor guidelines Council Department and Staff contact details Press Cuttings Events Calendar Links to Weekly Planning Lists. Link to Eircom Phone Book and Golden Pages. Links to relevant Citizen Information and other Government Sites Corporate Diary Councillors Forum where they can discuss items among themselves online. Key Council Documents Standing orders Minutes of meetings not on the website eg OPP, SPCs etc. Link to the Managers Order lists Links to our website Link to download Voters register files Link to Modern Government system Link to Webcasting system Forms for claiming expenses etc Link to DOEHLG circulars

Next Steps: We would recommend that each Group Leader nominate a representative to attend and participate in a Councillors Extranet Workshop, to agree what information and services should be provided on the Extranet. If agreed, the Council will organise a workshop with the Councillors nominated.”

The report of the Manager was NOTED . It was AGREED to set up an Extranet Group and that each Party would nominate a member to sit on the Group in September. It was also AGREED that Mr. Baines would bring some samples of Extranets to a meeting of the Group.

OP/51/11 Cathaoirleach's Business: Councillor J. Bailey

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

OP/52/11 'Statute Book' of Bye Laws

In the absence of Councillor B. Ward, the following proposal was DROPPED :

“That the Manager draw-up a ‘statute book’ of bye laws, i.e. a data base of all bye laws currently in force in the County.”

OP/53/11 Date Motion was Submitted Shown on Agenda

It was proposed by Councillor R. Humphreys:

Document Pack Page 319 “That motions submitted by Members shall be listed on the Council agenda with the date on which the motion was submitted listed in square brackets after the text of the motion [as is the practice in Dáil and Seanad Éireann].”

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders.

OP/54/11 Civic Honour

It was proposed by Councillor R. Humphreys:

“That the Council decides that the "civic honour" referred to in standing orders will include Honorary Freedom of the County and that this shall apply to the first and any future recipients of the civic honour.”

It was AGREED to REFER this item to the Standing Orders Subcommittee.

OP/55/11 Items for Standing Orders Subcommittee Review in 2012

It was proposed by Councillor R. Humphreys:

“That the following issues be referred to the subcommittee to review standing orders, for the review be carried out in 2012: (a) The conflict between Standing Order 5(b) of the SPC standing orders and Standing Order 102. (b) A modest increase in the number of questions that may be submitted to Area Committees. (c) Procedures for members to ask one question to the Area Committee of which they are not a member rather than to have to go through the full Council.”

It was AGREED to REFER this item to the Standing Orders Subcommittee.

OP/56/11 Interim Extension in Length of OP&P Meetings

It was proposed by Councillor R. Humphreys:

“That at least as an interim measure, the OP&P consider a modest increase in the length of its meetings from the current practice of 1 hour.”

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

“The meeting time for the Organisation, Procedure and Protocol Committee has already been increased following a decision made by the OP&P Committee at their meeting held in March 2011. It was agreed at that meeting that the OP&P Committee would hold bimonthly meetings thereby increasing the annual number of meetings by two.”

It was AGREED to REFER this item to the Standing Orders Subcommittee.

OP/57/11 Conferences

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

“That the following arrangements apply to the circulation of lists of forthcoming conferences: (a) The Manager circulate as a matter of course appropriate conferences

Document Pack Page 320 notified to him that are organised by public bodies or academic, professional or technical institutions whether national or abroad. (b) In respect of conferences organised by private companies, the OP&P shall maintain (and may amend from time to time) a list of approved bodies. The Manager shall also circulate as a matter of course appropriate conferences notified to him that are organised by approved bodies on this list. (c) In respect of conferences organised by private companies that are not on the approved list, the Manager shall circulate the details of the conference only after consulting members of the OP&P by email and after taking the majority view into account. (d) The lists of conferences presented to the Council on a monthly basis shall have an additional column listing the institution or private company responsible for organising the conferences.”

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

“(a), (b) and (d) for discussion at meeting.

In relation to (c) it is the Manager’s view that the appropriate decision makers in relation to the appropriateness or otherwise of any conference is the Organisation, Procedure and Protocol Committee. It is proposed that a sub-group of the OP&P be appointed in this regard and meet as required.”

OP/58/11 Residents Association

The following proposal was MOVED by Councilllor R. Humphreys WITHOUT DISCUSSION :

“That it be a condition of any residents association applying to come as a delegation to the Council that they agree to their contact information including email addresses being made available on the Council website, in the interests of ensuring that delegation business is conducted transparently.”

OP/59/11 Resident's Associations Contact Details

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

“That the Manager survey the residents associations for which he holds contact details and requests their permission to put their contact details, including email addresses, on the Council website.”

OP/60/11 Bye-laws on Code of Conduct for Visitors

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

“That a Committee be established to draw up bye-laws on a code of conduct for visitors to premises owned or operated by the Council, similar to those recently adopted by one of the other Dublin local authorities.”

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

“This proposal has been referred to the Legal Services Department for advice.”

Document Pack Page 321 OP/61/11 Local & Personal Acts Relating to Local Authorities

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

“That a Committee be established to examine the possibility of preparing a Private Bill to be sponsored by the Council in order to review the 15 Local and Personal Acts relating to local authorities in the Council area, passed prior to independence, and such other legislation as are appropriate.”

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

“This proposal was discussed by the Manager and the Management Team. The advice from the Law Agent is that this matter is the remit of the Houses of the Oireachtas and not an individual Local Authority. The Law Agent further advises that there is no downside to having this legislation remain on the books and there is therefore no need to incur the expense involved in their removal.”

OP/62/11 Indexed A-Z Listings of Strategies

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

“That a page be created on the website (and indexed in the A-Z list) for “Strategies”, listing out links to all of the Sectoral or subject matter strategies adopted by the Council, or draft strategies in the pipeline.”

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

“The Council is not in a position to allocate the resources required to abstract the information requested in the motion.”

OP/63/11 Difficulties Accessing Modern.Gov

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

“That the Manager report on overcoming the difficulties in accessing the Modern.gov system from machines other than the Council laptops.”

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

“The Council is currently examining and testing possible other options for accessing the Modern Gov. system. In considering any of these options, the security of the Councils network, its data and systems is critical.

We will report back to the Councillors on our findings when this work is complete.”

OP/64/11 Compliance with Section 141 (1) (a) of Local Government Act 2001

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

Document Pack Page 322 “That the Manager report on steps taken to supply members with annual forms to ensure compliance with s 141(1)(a) of the Local Government Act 2001.”

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

“The Local Government Act, 2001 places the onus for reporting back to the Local Authority on the elected member.

However a reminder can be issued annually to all Councillors informing them of their obligations in this regard.

Duty of 141. (1) Where one or more than one member of a local authority is elected, appointed or nominated members by that authority to another body, whether established by or under statute or otherwise, it appointed is the duty of that member or members to represent the local authority and to present a to other report to it on the activities and operation of that body— bodies. (a) annually, or (b) at any other time, if so requested by resolution or by the Cathaoirleach. (2) Every report to which subsection (1) relates shall be presented by the member or members concerned to a meeting of the local authority. (3) Nothing in this section requires the disclosure of information to the authority which is confidential or which could not otherwise be disclosed. (4) This section also applies to any person who holds membership of a body, by virtue of being Cathaoirleach or any other member of a local authority.”

OP/65/11 Post Conference Forms

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

“That the Manager report on steps taken to supply Members with post-conference forms to ensure compliance with s 142(5)(f) of the Local Government Act 2001.”

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

Following the decision at the Organisation, Procedure & Protocol Committee meeting held on Wednesday, 18 May 2011 (minute number OP/27/11) a template for reporting on Conferences has been prepared. The minutes of the OP&P meeting held on 18 May 2011 are scheduled for noting by the Members at the Council meeting to be held on Monday, 4 th July 2011 and following this the conference report template will be circulated to any Member attending a conference.

Members' 142. (1) The Minister may by regulations, made with the consent of the Minister for Finance, provide for the expenses, payment by a local authority of allowances for expenses incurred by its members in connection with— remuneration, etc. (a) attendance at meetings of the local authority, a committee of that authority or a joint committee or joint body involving that authority; (b) attendance at conferences, seminars, training or other events to which subsection (5) applies; (c) the post of chair of a strategic policy committee; (d) any other specified matter. (2) Regulations under this section may also provide for— (a) the payment of remuneration to members or to Cathaoirligh of specified classes of local authorities, or (b) subject to subsection (4)(i) , the making of superannuation arrangements in respect of members of specified classes of local authorities. (3) Any payments referred to in subsection (1) or (2) are subject to and shall be made in accordance with regulations made under this section. (4) Regulations under this section may provide for— (a) an annual amount in respect of remuneration in such cases as may be specified; (b) a composite annual allowance in respect of attendances at meeting referred to in subsection (1)(a) and at such events or other matters as may be specified; (c) arrangements to apply as regards the authorisation under subsection (5) by the local authority of attendances to which that subsection applies;

Document Pack Page 323 (d) conditions, restrictions or other requirements to apply in relation to allowances, remuneration or superannuation and the making of payments (including the abatement or reduction in whole or in part of allowances or remuneration in specified circumstances or for specified persons in receipt of allowances or remuneration provided by a public authority or otherwise from public funds); (e) the furnishing of specified information to a local authority for the purposes of this section; (f) the payment of allowances to persons who are not members of a local authority; (g) a public register of attendances and payments to which this section and section 143 relate; (h) deductions from payments referred to in subsection (1) or (2) for such matters as may be specified; (i) the approval of the Minister, given with the consent of the Minister for Finance, to such arrangements for superannuation purposes as may be specified; (j) the giving of directions from time to time in relation to any matter the subject of such regulations; (k) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section. (5) (a) This subsection applies to a conference, seminar, training or other meeting or event held, whether within or outside the State, for the purpose of discussing, obtaining or imparting information regarding or connected with any matter that is of concern to the local authority in relation to the performance of its functions and is relevant to its administrative area and to the local community. (b) An elected council may authorise one or more of its members to represent the authority at a meeting or event to which this subsection applies and such authorisation may, subject to regulations under this section, be given in an individual case or as regards such attendances generally during a particular year. (c) A local authority may provide in its budget an amount to meet expenditure for the purposes of this subsection. (d) An elected council shall not authorise under this subsection unless, having had regard to the following matters, it is satisfied that the authorisation is justified by reference to— (i) the benefits likely to accrue, (ii) the general interests of its administrative area and the local community, and (iii) the total cost involved. (e) An authorisation under this subsection is a reserved function and such authorisations shall not exceed the amount provided for in accordance with paragraph (c) . (f) Where a member of an elected council attends a meeting or event by virtue of an authorisation under this section, he or she shall submit a summary of the proceedings to the next ordinary meeting of the local authority. (g) Without prejudice to paragraphs (a) to (f) , the Minister may issue general guidelines for the purposes of this subsection, including guidelines as to expenditure in relation to attendance at specified information or training events. (6) A local authority shall comply with any guidelines issued under subsection (5)(g) . (7) A local authority of a class specified for the purposes of subsection (2) may, in relation to its members or a class or classes of its members and subject to regulations under this section, make provision in relation to the superannuation of its members or in relation to the superannuation of a class or classes of its members. (8) Regulations made under section 51 of the Local Government Act, 1991 , and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.

OP/66/11 Council Officials Phone Extensions

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

“That the Manager arrange that each phone extension for officials should be set up so that if it is not answered after a certain number of rings the call goes through to voice mail.”

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

“The phone system has a generic setting of 15 seconds before calls go to voicemail. However, some phones are grouped and the call will “hunt” for a phone to be answered. Once the call has tried all the members of the group then the voicemail will act in.”

OP/67/11 Quality of Service

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

“That the Manager address the quality of service for the public who call the main Council telephone number.”

Document Pack Page 324

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

“The number of calls received/transferred are monitored on a monthly basis and switchboard staff have received training in customer care.

If the Councillor has specific instances of poor quality of service, he should report these to the Corporate Services Department.”

OP/68/11 Webcasts on Website

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

“That the Manager restore to the website the webcasts from the introduction of webcasting up to January 2011.”

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

“The company who supply the webcasting service have restored a 12 month archive of Council Meeting webcasts.

The standard contract is for a 6 months archive and most Local Authorities who use this system in the UK and Fingal County Council here in Ireland, provide a 6 month archive of webcasts of meetings.

However, we did negotiate a 12 month archive at the request of the Council, when the Tender was approved

Extending the archive beyond 12 months will incur additional annual costs.

DLR Management feel that a 12 month archive is sufficient at this time and that there is not a demand to extend this archive beyond the 12 months.”

OP/69/11 Councillors Extranet/Intranet

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

“That the Manager to confirm progress on the option of an Intranet or Extranet service for Councillors as per discussion at the last meeting of this Committee.”

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

“At the last OP& P meeting, it was agreed that we look at providing a Councillors Extranet. An Extranet is like a website but it is a website for Councillors use only.

Following discussions with other Local Authorities, here is a suggested list of some items that might be provided on a Councillors Extranet

Suggested Items for Councillors Extranet Links to planning application system and development plan maps and documents Latest news on Council website. Calendar of council events/meetings.

Document Pack Page 325 Profile page for each Councillor, with content (re spc /area committee meetings) tailored to suit? Council Minutes and Agendas Councillor guidelines Council Department and Staff contact details Press Cuttings Events Calendar Links to Weekly Planning Lists. Link to Eircom Phone Book and Golden Pages. Links to relevant Citizen Information and other Government Sites Corporate Diary Councillors Forum where they can discuss items among themselves online. Key Council Documents Standing orders Minutes of meetings not on the website eg OPP, SPCs etc. Link to the Managers Order lists Links to our website Link to download Voters register files Link to Modern Government system Link to Webcasting system Forms for claiming expenses etc Link to DOEHLG circulars

OP/70/11 Hits/Visits Recorded to the Council Website in 2010 and 2011

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

“That the Manager confirm the number of hits/visits recorded to the Council Website in 2010 and 2011 - to date.”

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

“The number of visits (hits) to the Council website were as follows In the year 2010 - 2,833,690 visits In the year 2011 (to 27th June 2011) – 1,500,649 visits”

OP/71/11 Item Not On Agenda

Circular Letter S.7/2011 - Reduction in Public Sector Pay in relation to the grace period.

An Cathaoirleach, Councillor J. Bailey referred to the recent circular received from the Department of the Environment, Community and Local Government and informed the Members that Council Officials are available to answer the Members queries.

OP/72/11 3 Motion Limit for OP&P Meeting

Document Pack Page 326 It was proposed by Councillor G. Horkan:

“That this Committee agrees to impose a limit of 3 motions (or items for discussion etc.) on the agenda per member per O P & P meeting with immediate effect.”

A discussion took place, during which Ms. B. Gilligan, Senior Executive Officer responded to Members queries.

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

“That Councillor H. Lewis be appointed to the Standing Orders Subcommittee to fill Richard Boyd Barrett’s vacancy.”

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

“That items submitted by Councillors for the Organisation, Procedure and Protocol Committee meetings be limited to five questions and three motions.”

The motion was AGREED .

It was also AGREED to reconvene the Standing Orders Subcommittee in October 2011.

OP/73/11 Manager's Orders

In the absence of Councillor B. Ward the following proposal was DROPPED :

“To ask the Manager to again make all his orders available in hard copy, at the monthly meeting of the Council, as it was never agreed that this practice would cease (ref: OP/34/10)."

OP/74/11 Conclusion of Meeting

The meeting concluded at 4.00 p.m.

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Document Pack Page 328 Agenda Item 20

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

MINISTERIAL CORRESPONDENCE

Document Pack Page 329 This page is intentionally left blank

Document Pack Page 330

Circular Letter S.7/2011. File Ref No: S.671.

28 June 2011.

Reduction in Public Sector Pay in relation to the grace period.

A Chara,

I refer to Circular Letter S. 4/2011 dated 29 April 2011 with regard to information as received from the Pensions Section of the Department of Public Expenditure and Reform in connection with the Financial Emergency Measures in the Public Interest (No.2) Act 2009 (FEMPI (No. 2) Act 2009) and the Public Service Pension Rights Order 2011 (S.I. No. 80 of 2011). The information as appended was to provide clarification of the impact of the grace period on pension calculations. It specifies 29 February 2012 as the end-date for the so-called ‘grace period’ within which pensions are unaffected by the pay cuts introduced in the Financial Emergency Measures in the Public Interest Act 2009.

The Department of Public Expenditure and Reform have now furnished us with the following updated information:

In terms of current pensions administration serving staff will have to retire by 28 February 2012 at the latest so that pension would come into payment or lump sum be payable within the “grace period”.

Members of local authorities are defined as “public servants” in the Financial Emergency Measures in the Public Interest Act 2010, and their gratuities {but not the flat rate ex gratia payments if relevant} will be subject to the impact of the grace period i.e. Local Authority Members gratuities payable up to and including 28 February 2012 will be based on the representational payment applicable as at 31/12/2009.

This circular along with all circulars published by the Department of Environment, Heritage and Local Government is available to core local authorities at the following website: http://dehlg.laservices.ie//circulars . This site, where available, requires a username and password which has been made available to each participating Local Authority. If you have difficulty in accessing the site please e- mail [email protected] .

Mise le meas,

_ Patrick Leonard, Higher Executive Officer, Local Government Personnel (Superannuation), 096 – 24406

To each local authority to which the Local Government Superannuation Scheme applies. An Roinn Comhshaol, Pobal agus Rialtais Áitiúil, Oifigí Rialtais, Béal An Átha, Co. Mhaigh Eo Department of Environment, Community and Local Government, Government Offices, Ballina, Co Mayo Tel: (096) 24200 Fax (096) 24222 Web: www.environ.ie

1 Document Pack Page 331 This page is intentionally left blank

Document Pack Page 332

Circular Letter F 08/11

Presidential Election

A chara,

I attach for your attention a copy of the Presidential Election Order made by the Minister today in relation to the forthcoming Presidential Election. The Order sets out the last day on which the Presidential Returning Officer may receive nominations, the date and time of the poll at the election and other details.

Article 12.4.2 of the Constitution provides that every candidate, who is not a former or retiring President, must be nominated either by:

(i) not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or

(ii) by the Councils of not less than four administrative counties (including County Boroughs) as defined by law.

The nomination of candidates for a presidential election by county and city councils is a reserved function, regulated by law under section 16 of the Presidential Elections Act 1993. With the Presidential Election Order now signed, the main points of note are as follows:

• councils may, by resolution, resolve to nominate one candidate,

• not less than 3 clear days notice of the intention to propose the resolution must be given in writing to every person, who, at the time when the notice is given, is a member of the council, and

• the resolution of the council must be given effect by means of a nomination paper [as prescribed in the Presidential Election (Forms) Regulations 2011 – S.I

Document Pack Page 333 258/2011] sealed with the seal of the council and delivered to the Presidential Returning Officer no later than 12 noon on 28 September 2011. A copy of the Regulations 258/2011, which contains the relevant nomination paper for councils, are being e-mailed to local authorities.

• Nomination papers from Councils can be delivered by the candidate purported to be nominated or by a representative of the Council making the nomination. An appointment for delivery can be made by phoning 01 888 2423.

Ríona Ní Fhlanghaile of this Department has been appointed as the Presidential Returning Officer and the address at which nomination papers may be delivered and to which other communications may be addressed is – Presidential Returning Officer, Room 1.65, Custom House, Dublin 1.

The period for the receipt of nominations ends at 12 noon on 28 September 2011. As indicated in Circular Letter F06/11 of 10 May 2011, Councils intending to get involved in the nomination process should liaise with any other councils who are proposing to nominate the same candidate to ensure that the details (names, address and occupation) in relation to the candidate on the nomination papers are identical.

Mise, le meas,

______Enda Falvey Franchise Section. 30 August, 2011.

To each City/County Manager.

Document Pack Page 334

Department of the Environment, Community and Local Government Presidential Election Order 2011

The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by section 6 of the Presidential Elections Act 1993 (No. 28 of 1993), by this his Order appoints for the purposes of the ordinary presidential election to be held in the year 2011 as follows:

1. The 28 th day of September 2011 shall be the last day on which the presidential returning officer may receive nominations for the election.

2. The address at which nomination papers may be delivered and to which other communications may be sent is The Presidential Returning Officer, Custom House, Dublin 1.

3. The Custom House, Dublin 1 shall be the place at which the presidential returning officer will sit to rule upon nominations on the last day for receiving nominations.

4. The 27 th day of October 2011 shall be the day on which, and the period between the hours of 7.00 a.m. and 10.00 p.m shall be the period during which, the poll (if any) at the election shall be taken.

GIVEN under my Official Seal, 30 th August 2011.

L.S. Phil Hogan ______

Minister for the Environment, Community and Local Government

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Document Pack Page 336 STATUTORY INSTRUMENTS.

S.I. No. 258 of 2011

————————

PRESIDENTIAL ELECTIONS (FORMS) REGULATIONS 2011

(Prn. A11/0911)

Document Pack Page 337 2 [258]

S.I. No. 258 of 2011

PRESIDENTIAL ELECTIONS (FORMS) REGULATIONS 2011

The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by section 4 of the Presidential Elec- tions Act 1993 (No. 28 of 1993) hereby makes the following regulations:—

1. These regulations may be cited as the Presidential Elections (Forms) Regu- lations 2011.

2. The Presidential Elections (Forms) Regulations 2004 (S.I. No. 533 of 2004) are hereby revoked.

3. Each of the forms set out in Part 2 of the Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

4. (1) A photograph of a candidate at a Presidential election intended for inclusion on a ballot paper shall be delivered to the presidential returning officer with the nomination paper and the said photograph shall be in accordance with the requirements specified in Part 1 of the Schedule hereto.

(2) Where the requirements referred to in sub-article (1) are not complied with, the presidential returning officer may not include the photograph on the ballot paper.

(3) Where the nomination paper is not accompanied by a photograph, or the presidential returning officer decides not to include the photograph as provided for in sub-article (2), the space provided on the ballot paper for a candidate's photograph shall remain blank.

Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 3rd June , 2011.

Document Pack Page 338 [258] 3

SCHEDULE

PART 1

1. A photograph in digitised format (Jpeg) on a CD and 2 identical printed copies of the photograph (passport size — 35mm x 45mm) shall be delivered with the candidate’s nomination paper.

2. The photograph shall be of good quality and in colour showing the candidate’s full face, head and shoulders only, on a light background (any colour) and taken to a professional standard.

3. The photograph shall have been taken not more than 12 months prior to the date appointed by the Minister for the Environment, Community and Local Government by order under section 6 of the Presidential Elections Act 1993 for the taking of the poll at the election.

4. Each copy of the printed photograph shall have the candidate’s name clearly shown on the back.

Document Pack Page 339 4 [258]

PART 2

(Sections 3 and 22 of the Presidential Elections Act 1993)

FORM OF APPOINTMENT OF AUTHORISED REPRESENTATIVE

PRESIDENTIAL ELECTION

* *Insert month and year

I# (#Insert here the full name, address of and description of the person purported to be nominated as a candidate at the election.)

being a person purported to be nominated as a candidate at the above-mentioned election hereby authorise + (+Insert here the full name, address and description of of the person being authorised as representative.)

to represent me at the ruling on nominations at the said election.

Signed:

Signed by the above-named in the presence of** (** Form should be signed in presence of a witness who must sign his/her name, and include his/her address and description.)

Document Pack Page 340 [258] 5

(Sections 14 and 15 of the Presidential Elections Act 1993)

No......

(To be inserted by Presidential Returning Officer)

FORM OF NOMINATION PAPER FOR NOMINATION BY MEMBERS OF THE OIREACHTAS

PRESIDENTIAL ELECTION

* *Insert month and year

1. We, the undersigned members of the Oireachtas, hereby nominate the person named under to be a candidate at the above-mentioned election to the office of President.

Description Surname of Other Names Candidate Occupation Address (if any) Please use BLOCK LETTERS

2. We declare that—

(a) the person hereby proposed to be nominated to be a candidate is eligible for election to the office of President, and

(b) the person has consented to the proposed nomination.

Signature of Nominator Name of Nominator State the House of the (in BLOCK LETTERS ) Oireachtas of which nominator is a Member

(Form of nomination for use by Oireachtas Members, continued)

Document Pack Page 341 6 [258]

Signature of Nominator Name of Nominator State the House of the (in BLOCK LETTERS ) Oireachtas of which nominator is a Member

Date:

Document Pack Page 342 [258] 7

(Section 16 of the Presidential Elections Act 1993)

No......

(To be inserted by Presidential Returning Officer)

FORM OF NOMINATION PAPER FOR NOMINATIONS BY COUNTY COUNCILS AND CITY COUNCILS

PRESIDENTIAL ELECTION

* *Insert month and year

1. The Council of the County (City) of in pursuance of a resolution passed on the day of hereby nominate the person named under to be a candidate at the above- mentioned election to the office of President.

Description Surname of Candidate Other Names Occupation Address (if any) Please use BLOCK LETTERS

2. The Council of the County (City) of declare that—

(a) the person hereby proposed to be nominated to be a candidate is eligible for election to the office of President, and

(b) the person has consented to the proposed nomination.

Sealed with the Common Seal of the Council of the County (City) of

in the presence of

(Member or official of local authority).

Signed: Authorised Officer

Date:

Document Pack Page 343 8 [258]

(Section 17 of the Presidential Elections Act 1993)

No......

(To be inserted by Presidential Returning Officer)

FORM OF NOMINATION PAPER FOR A NOMINATION OF HIMSELF OR HERSELF BY A FORMER PRESIDENT

PRESIDENTIAL ELECTION

* *Insert month and year

I, a former President of Ireland, hereby nominate myself, being the person whose name, address and occupation (if any) are set out hereunder, to be a candidate at the above-mentioned election to the office of President.

Description Surname of Other Names Candidate Occupation Address (if any) Please use BLOCK LETTERS

Signed:

Date:

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(Section 17 of the Presidential Elections Act 1993)

No......

(To be inserted by Presidential Returning Officer)

FORM OF NOMINATION PAPER FOR A NOMINATION OF HIMSELF OR HERSELF BY THE RETIRING PRESIDENT

PRESIDENTIAL ELECTION

* *Insert month and year

I, the President of Ireland, hereby nominate myself, being the person whose name, address and occupation are set out hereunder, to be a candidate at the above-mentioned election to the office of President.

Description Surname of Other Names Candidate Occupation Address (if any) Please use BLOCK LETTERS

Signed:

Date:

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(Section 20 of the Presidential Elections Act 1993)

FORM OF CERTIFICATE OF THE RESULT OF THE ELECTION WHERE A POLL IS NOT TAKEN

PRESIDENTIAL ELECTION

* *Insert month and year

I hereby certify that of was the only candidate duly nominated in accordance with law at the above- named election and that I therefore declared the said person to have been elected President of Ireland.

Signed: Presidential Returning Officer

Date:

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(Section 37 of the Presidential Elections Act 1993) Form of Ballot Paper (Front of Paper) Toghchán don Uachtarán Presidential Election

TREORACHA

1. Scríobh an figiúr 1 sa bhosca le hais ghrianghraf an chéad iarrthóra is rogha leat, an figiúr 2 sa bhosca le hais ghrianghraf an iarrthóra do dhara rogha, agus mar sin de.

2. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.

INSTRUCTIONS

1. Write 1 in the box beside the photograph of the candidate of your first choice, 2 in the box beside the photograph of the candidate of your second choice, and so on.

2. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

DOYLE (MARY DOYLE, of 10 High Street, Knockmore; Nurse.) Photograph LYNCH (JANE ELLEN LYNCH, of 12 Main Street, Ardstown; Shopkeeper.) Photograph MURPHY (PATRICK MURPHY, of 12 Main Street, Ballyduff; Carpenter.) Ó BRIAIN (SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór; Oide Scoile.) Photograph O'BRIEN (EAMON O'BRIEN, of 22 Wellclose Place, Knockbeg; Barrister.) Photograph

(Back of Paper)

Comhduille Uimh. Uimh......

Counterfoil No. No......

Toghchán don Uachtarán ar ..... lá de ......

Presidential election on ...... day of ......

Document Pack Page 347 12 [258]

(Section 56 of the Presidential Elections Act 1993)

FORM OF CERTIFICATE OF THE RESULT OF THE ELECTION WHERE A POLL IS TAKEN

PRESIDENTIAL ELECTION

* *Insert month and year

I hereby certify that candidates having been duly nominated I adjourned the election for the purpose of taking a poll and I hereby further certify that of

was elected at such poll and I therefore declare the said person to have been elected President of Ireland.

PARTICULARS OF THE VOTING AT THE POLL

Number of candidates

Number of valid votes Quota (number of votes sufficient to secure the election of a candidate)

First Count Second Count Third Count Name of Name of Votes Transfer of Result Transfer of Result candidate candidate ...... elected votes votes

Non- transferable papers not effective TOTAL

Dated this day of

Presidential Returning Officer

Document Pack Page 348 [258] 13

GIVEN under my Official Seal, 16 May 2011.

PHIL HOGAN, Minister for the Environment, Community and Local Government.

Document Pack Page 349 14 [258]

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The regulations prescribe certain forms for use at a presidential election including the requirements for the provision of photographs to the Presidential Returning Officer by candidates at the presidential election.

——————

€3.81

Wt. (B28457). 285. 6/11. Cahill. Gr. 30-15.

Document Pack Page 350 Agenda Item 21

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

OTHER CORRESPONDENCE

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Document Pack Page 362 Agenda Item 22a

ENVIRONMENT, CULTURE, & COMMUNITY STRATEGIC POLICY COMMITTEE

MEETING HELD 1 st JUNE 2011 at 5.00pm IN THE COUNCIL CHAMBER

Report of Chairperson – Councillor Denis O’Callaghan

The Chairperson Councillor Denis O’Callaghan presided. In attendance were Councillor Stephen Fitzpatrick, Councillor Tony Fox, Councillor Hugh Lewis, Councillor Donal Marren, Councillor Denis O’Callaghan, Councillor Jim O’Dea, Councillor Cormac Devlin, Councillor Barry Saul, Councillor Carrie Smyth, Mr. Roger Kirker, Mr. Michael Merrigan and Councillor Patricia Stewart.

Also present Councillor Jane Dillon Byrne

Apologies were received from Councillor Aoife Brennan, Mr. Damien O’ Sullivan, Mr. Chris Keogh, Ms. Liz Ferris and Councillor Barry Ward

Officials in attendance were Mr. Richard Shakespeare (Director of Environment, Culture & Community Department), Mr. Kenneth Redmond (Arts Officer), Mr Tim Carey (Heritage Officer) and Ms. Bernadette King (Clerical Officer).

• The Chairman Councillor Denis O’Callaghan congratulated management on the work done for the funeral of the late Garret Fitzgerald at Shanganagh Cemetery.

• The following motion was submitted by Councillor Carrie Smyth:

“That this Strategic Policy Committee discuss proposal/policy regarding the introduction of a Graffiti Wall in the Dún Laoghaire Rathdown County Council area.”

Mr. Richard Shakespeare responded to this motion and it was AGREED that the Manager would speak to Dublin City Council and Damien Finnegan regarding their experience with a graffiti wall and report back to the Committee at the September SPC meeting.

• The following motion was submitted by Mr. Michael Merrigan:

“As it is the policy of this Council to promote an awareness, appreciation and knowledge of the culture, heritage, environment and history of the County of Dún Laoghaire-Rathdown and, where possible and appropriate, to promote and encourage civic, community and commercial activities based on these wonderfully rich resources, it is proposed that this Strategic Policy Committee recommends to Council that in 2013 the County shall commemorate the 1550 th anniversary of the death of High King Laoghaire in 463AD (Annals of Inisfallen ), the eponymous founder of Dún Laoghaire and the County of Dún Laoghaire-Rathdown, and to do so in a manner that reflects and respects the enormous historical, religious and cultural significance of the tolerant and enlightened decision of this 5 th century High King to permit St. Patrick and his followers to proceed with their mission to the Irish without molestation and thus heralding the dawn of Irish Christianity , Irish literacy and Irish recorded history. This anniversary is of national and indeed, international significance as it represents a milestone in the development

Document Pack Page 363 of western civilisation. Therefore, this County should proudly commemorate this event in 2013.”

Mr. M Merrigan requested that this be deferred until the September Environment, Culture and Community SPC meeting.

• Mr. Tim Carey, Heritage Officer went through the consultation submissions for the Memorial Policy. Following a discussion numerous decisions were made regarding the memorial policy. Please find these changes in the attached document.

• Mr. Kenneth Redmond, Arts Officer gave presentation on Public Art guidelines, condition audit, maintenance, programme and decommissioning

Following discussion during which Mr. Redmond responded to the Members’ queries the following was AGREED:

- Revise the guidelines and bring them back to the September SPC meeting - Explore ways of making accessible the public art collection.

• Mr. Kenneth Redmond, Arts Officer gave a presentation on the ‘ Draft of Continuing the Conversation, DLR Arts Development Policy 2011-2014’

Following a discussion during which Mr. Kenneth Redmond responded to Members’ queries, the following recommendations were made:

1. Expand section 5 of the policy. 2. Produce a stand alone document which explains the implementation plan and rationale for an arts policy approach. 3. Bring it back to the July Council meeting.

• Mr. M. Merrigan requested that a presentation be given by Elaine Carroll who deals with the Dún Laoghaire Branding Initiative . He asked whether she could come to the SPC to update the members on the objectives of the Branding Initiative insofar as such touched upon the remit of the SPC. Mr. Richard Shakespeare said that she was due to go on maternity leave so he suggested that he may ask somebody else to give the presentation.

• The meeting concluded at 6.45pm.

Document Pack Page 364 Agenda Item 22b

PLANNING STRATEGIC POLICY COMMITTEE MEETING HELD 20 th June, 2011

Report by Chairperson Councillor J. Bailey

The Chairperson, Councillor J. Bailey presided. In attendance were Councillor J. Bailey Councillor L. McCarthy, Councillor N. Bhreathnach, Councillor P. Stewart, Councillor V. Boyhan, Councillor M. Halpin, Ms. V. Heywood, Mr. P. O’Callaghan, Mr. M. O’Donnell and Ms. O. Humphreys.

Apologies for non-attendance were received from Councillor M. Bailey, Councillor T. Joyce, Councillor J. O’Dea, Ms. O. Fitzgerald, Mr. M. Gallagher.

Officials in attendance were Ms. K. Holohan, Director of Planning, Mr. D. Irvine, Senior Planner, Mr. C. Fulcher, Executive Planner, and Ms. A. O’Connor, Senior Staff Officer, Planning Department.

1. Minutes of the meeting held on 21 st March, 2011 were adopted.

2. (a) Information Item for written reply from Councillor V. Boyhan in relation to the Wind Energy Strategy, was NOTED. (b) Information item for written reply from Mr. M. O’Donnell in relation to Retail strategy was NOTED.

3. Core Strategy for Dún Laoghaire-Rathdown - NOTED.

4. Building Heights Strategy – NOTED.

5. G.P.A Annual Report 2009-2010 – NOTED.

6. World Design Capital - NOTED.

7. Future Work Programme

(a) Items submitted for consideration for Future Work Programme. Mr. M. Gallagher Level of contributions provided for in the Development Contribution Scheme 2010 – 2017 – NOTED.

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Document Pack Page 366 Agenda Item 22c

WATER & WASTE SERVICES POLICY COMMITTEE

MEETING HELD ON 15 th June 2011. In The Dundrum Offices, Dundrum Office Park, Main Street, Dundrum.

REPORT OF CHAIRPERSON – COUNCILLOR GERRY HORKAN

The Chairperson, Councillor Gerry Horkan presided. In attendance were Councillors: M. Baker, J. Dillon Byrne, P. Hand, R. Humphreys, T Murphy, B. Saul. Sectoral Reps: T. Kivlehan, H. O’Neill, S. O’Shea.

Apologies were received from M. Sanfey. Guest: Declan McCormack, Codema.

Officials in attendance were: F. Austin, Director of Water & Waste Services; G. Looney, Senior Engineer, E. Doran, Senior Executive Engineer, K. Hynes, Environmental Awareness Officer, G. O’Looney, Assistant Staff Officer.

Councillor Horkan welcomed all members and staff to the meeting.

• Minutes of Strategic Policy Committee meeting held on 24 th March 2011 were adopted.

• Information Items submitted by members:

Ø None

• Business submitted by Director of Services

Ø Climate Change

Declan Mc Cormack from Codema gave a presentation on Climate Change. Following a discussion, Mr. Mc Cormack responded to questions form the members.

Ø Water Bye-Laws

Eugene Doran, Senior Executive Engineer gave an informative presentation on Water Bye-Laws. Following a discussion, Mr. Doran responded to questions.

• A.O.B.

Ø None.

The meeting concluded at 17.55 p.m.

Contact: Frank Austin, Director of Water & Waste Services.

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Document Pack Page 368 Agenda Item 23

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

DÚN LAOGHAIRE HARBOUR

Motion: Councillor M. Halpin "That this Council agrees, in the light of the EU/IMF Memorandum of Understanding with the Irish Government and the subsequent McCarthy Report which both identify harbours as state assets for possible sale, to oppose any attempt to privatise, amalgamate or in any way undermine Dún Laoghaire Harbour as a public amenity."

Report: If the motion is passed a letter will be issued to the Government outlining the terms of the motion.

Contact: Tony Pluck, Director of Corporate Services & IT

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Document Pack Page 370 Agenda Item 24

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

NAMA

Motion: Councillor H. Lewis "That this Council calls on the Government to transfer empty houses and apartments that are in the ownership of NAMA to the Council to be used as rental properties for Council tenants. This would have the effect of taking pressure off the housing list and securing rents and income for the Council."

Report: The transfer of units from NAMA to the Council would have a capital cost associated with it. Due to the current economic climate the indication from the Government is that there is very little capital funding available for such purchases and any existing commitments will have first call on any funding that is available.

Any properties that become available for leasing through NAMA will be followed up. In this regard Cluid have recently acquired, through the NAMA process, 58 dwellings at Sandyford by means of the Capital Advance Leasing Facility. 34 of these dwellings are being made available to meet the social housing need under a Payment and Availability Agreement with this Council.

The Council will continue to try and progress the provision of social housing through whatever means are available, such as RAS, long term leasing, housing provided by voluntary bodies, Part V and casual vacancies.

Contact: Ann Hegarty, Senior Executive Officer, Housing Department

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Document Pack Page 372 Agenda Item 25

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

BLUE FLAG AWARD

Motion: Councillor N. Bhreathnach “That this Council, with the unanimous support of the local Area Committee, calls on the Manager to re-apply for the Blue Flag award for our beaches at Seapoint and Killiney, given the recent good results of the national water quality survey conducted by the Environmental Protection Agency on these bathing waters.”

Report: Dun Laoghaire Rathdown County Council did not apply for Blue Flags in respect of any of its beaches in recent years. When this decision not to apply was announced in 2009, it was also announced that there would be a significant increase in the monitoring of water quality at all our main beaches/swimming areas. The water quality monitoring results are posted up at the various locations and this increased monitoring is being maintained in 2011. In addition, information is posted in real time at Seapoint on any occasion there is an overflow from the Wastewater pumping station at Salthill. Seapoint, Killiney and Sandycove met the Blue Flag water quality criteria last year. The criteria to be met, to be awarded a Blue Flag have changed in 2011 and are now more stringent than previous years. The revised criteria allow for a reduced number of exceedences of the water quality criteria during the bathing season. It was decided not to apply for a blue flag in Killiney and Seapoint for the following reasons:

Seapoint In periods of heavy rainfall there is a possibility of overflows from the Wastewater pumping station which may have an adverse impact on water quality at Seapoint. This is outside the control of the Local Authority. Large scale works have been completed recently in the Packenham Road area to separate the combined storm and foul sewers, reducing the water quantities overflowing from Salthill in the periods of heavy rainfall. There are also smaller works ongoing on a regular basis to reduce the risk of overflows. However, there are still a number of substantial civil engineering works required to remove the risk of overflows and due to the present constraint in resources, these works will not be undertaken until the medium to long term. While there has been significant investment in the separation of storm and foul sewers in recent years, the fact that weather conditions outside the control of Dun Laoghaire Rathdown County Council can still effect the quality of water at Seapoint, it is not intended to apply for a Blue Flag until further large scale separation works are complete.

Killiney The wastewater treatment works are ongoing and it is intended to monitor the water at Killiney Beach following the completion of the works over a period of time to confirm that the water quality meets the more stringent revised water quality criteria required for the awarding of a

Document Pack Page 373 Blue Flag.

Contact: Dara McGowan, Senior Executive Engineer, Environment, Culture and Community Department

Document Pack Page 374 Agenda Item 26

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

COST OF RUNNING RETAIL OPERATIONS IN IRELAND

Motion: Councillor S. Fitzpatrick “That the Manager write to the Minister for the Environment, Community and Local Government, requesting that he order a report to investigate and examine specifically the cost of running retail operations in Ireland.”

Report: If the motion is passed a letter will issue to the Minister for the Environment, Community and Local Government outlining the terms of the motion.

Contact: Tony Pluck, Director of Corporate Services & IT.

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Document Pack Page 376 Agenda Item 27

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

DOWNSIZING HOUSING SCHEME

Motion: Councillor D. O’Callaghan “That this Council review its policy regarding approval to the Downsizing Housing Scheme.”

Report : In accordance with the adopted Allocations Scheme, the Scheme states in relation to downsizing that:

“Priority will be given to tenants seeking to downsize their accommodation.”

Accordingly, the Housing Department gives priority to tenants seeking to downsize their accommodation.

The adopted Allocations Scheme has determined

“In all cases, an offer of transfer to alternative accommodation will only be made where:- (i) The rent and service charges accounts are clear, where a binding legal agreement, to the satisfaction of the County Council’s Law Agent, has been entered into to pay arrears of rent and service charges. (ii) The dwelling being vacated is in a good state of repair and decoration. (iii) The household concerned is, as far as the Council is aware, not anti-social.”

The motion should be considered further by the Housing Strategic Policy Committee/Council during the process of reviewing the Allocations Scheme.

Contact: M. Ruane, Senior Executive Officer, Housing Department.

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Document Pack Page 378 Agenda Item 28

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

ROADMAP ON-LINE APPLICATION

Motion: Councillor B. Ward “That the Manager make a report to Council on the Roadmap On-Line Application System that is currently being used by utilities companies to process applications for licences to excavate public roads and footpaths.”

Report: The On-Line Roadmap Application System which came into operation from the 1 st January, 2006 is Internet based and it is used by the Statutory Utility Companies to make applications for various types of Licences to excavate areas for the provision of their infrastructure – i.e. ducting & cabling, laying of piping etc. When these applications are submitted, they are received by all Council Departments who report on them simultaneously and the process is commenced. These applications are examined from the following points of view :-

Traffic Section :- The adequacy of any Traffic Management Plan or any traffic implications that may arise as a result of the proposed work

Water & Drainage Sections :- Examination of the routes of any proposed works in relation to possible impact on Council services – i.e. water mains and sewers

Parks Department :- Consideration of any possible impact on Parks or Open Spaces and proper reinstatement of grassed or landscaped areas.

Parking Unit :- Any impact on Pay & Display parking bays and suspension of same during any proposed works.

Any other Council Departments who might have concerns about any proposed works can also comment and seek the imposition of special conditions in addition to many standard conditions contained in such Licences.

The Roads Control Unit in the Transportation Department carries out a final examination of all the reports submitted. Subject to receipt of all necessary reports, the Licence is signed off and transmitted back to the Applicant.

From the Transportation Department’s point of view, the system works extremely well and it being extended to include works by Council Departments also – i.e. the Water Department. As far as the Roads Control Unit is concerned, the Utility Companies are satisfied with the system and the fact that they contact the Unit in case of any difficulties i.e. any delays in issuing Licences or seeking clarification on particular Licence applications.

Contact :- Jim Byrne, Executive Engineer, Roads Control Unit.

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Document Pack Page 380 Agenda Item 29

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

RENT TO BUY SCHEME

Motion: Councillor C. Smyth “That this Council introduce the “Rent to Buy” Scheme immediately.”

Report:

It is proposed, subject to the agreement of the Department of the Environment, Community & Local Government, that a Rent to Buy option will be given to affordable housing applicants to lease, in the first instance, units owned by the Council at Belarmine and The Belfry for a period of 3 years at a fixed rent.

Under the terms of the proposed scheme:-

• Units may be purchased at any time during the 3-year period at a price which is 15% below current market value;

• 80% of the rent paid will be off-set against the cost of the unit;

• Potential Purchasers will be able to avail of the Council’s House Purchase Loan or Private Finance to purchase the unit. This is considered to be a very attractive option for affordable purchasers who now find it impossible to obtain mortgage approval due to the level of deposit required;

• The criteria for consideration under the scheme are the same as for the Council’s Affordable Scheme. Generally, applicants must be in full time employment, be first time buyers, although certain exemptions apply. The income limit for a single person would be generally under €50,000 and under €70,000 for 2 people in the previous tax year. They must be in a position to obtain loan approval for the affordable sale price.

If this scheme proves successful, consideration will be given to including other units in the scheme. In the meantime, these units will remain available for sale under the affordable housing scheme. The Housing Department intends to launch this scheme in October 2011.

Contact: Marie Egan, A/Senior Executive Officer, Housing Department

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Document Pack Page 382 Agenda Item 30

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

DISAPPEARANCE OF THE INTERNATIONAL ARTIST AI WEIWEI

Motion: Councillor J. Dillon Byrne “That this County Council consult with the Chinese Authority in Ireland regarding the disappearance of the International Artist Ai Weiwei, 53 year old man, son of the revered poet Ai Qing as no body knows where he currently is or with what he has been charged. He was taken away by police and stopped from boarding a flight from Beijing in early April.”

Report: If the motion is passed a letter will be issued to The Ambassador for the People's Republic of China in Ireland outlining the terms of the motion.

Contact: Tony Pluck, Director of Corporate Services & IT.

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Document Pack Page 384 Agenda Item 31

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

POLICY AR11

Motion: Councillor G. O’Keeffe “That the Manager explain why Policy AR11 did not apply to a recent planning decision pertinent to a Kenny built house in Mount Merrion demesne and give explicit assurances that Policy AR11will not be contravened again, specifically with respect to Kenny built homes in the Mount Merrion demesne.

Report The Planning Authority must have regard to all the policies and objectives in the County Development Plan, when adjudicating on a planning application. For example, this area is zoned “To protect and/or improve residential amenity” and this includes the potential for homeowners to improve their residential amenity by extending or otherwise altering their home, whilst taking due account of protecting the amenities of others and of Policy AR11.

However, the Planning Department is constantly trying to improve the quality of planning decisions and of achieving the best balance between often conflicting objectives. With this in mind, Planning and Conservation staff have jointly inspected this area, discussed this issue and will liase closely on future planning applications.

Contact: Richard Cremins, Senior Planner, Planning Dept

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Document Pack Page 386 Agenda Item 32

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

BYELAWS

Motion: Councillor P. Stewart “That the Manager initiates the process to create byelaws which would allow the County Council to enforce the reduction of trees of excessive height in domestic gardens to a height of 2 metres where they are excluding sunlight from neighbouring gardens.”

Report: The Law Agent has advised that unlike Section 70 of the Roads Act 1993 where local authorities are empowered to regulate trees and vegetative growth which overhangs public roads, the Oireachtas has not devolved the regulation of height of hedges or trees on private lands to local authorities.

In such circumstances a party who considers that their property has been or is likely to be impacted adversely may bring a private action and a remedy of an injunction would be available.

If the making of such bye-laws were possible it would be logistically impractical to manage and enforce same with existing staff and financial and budgetary restraints not to mention the inherent difficulties in gaining access to private property and acting as a negotiator in disputes between neighbours.

Core established services are already under severe pressure from budget cutbacks and the moratorium on staff recruitment.

Contact: Leslie Moore, Senior Parks Superintendent

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Document Pack Page 388 Agenda Item 33

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

RE-LAUNCH THE FESTIVAL OF WORLD CULTURES FOR 2012

Motion: Councillor V. Boyhan “That the Manager indicate what arrangements have been made to date in relation to plans to re-launch the Festival of World Cultures for 2012 and to make a statement on same.”

Report: The Council had hoped to reassign an individual from within its own staffing complement to project manage the Festival of World Cultures in 2012 and beyond. However, due to current work commitments, it is now not possible to do this. I am currently investigating the other options that are contained in the Festival Review and will recommend an approach to the October Council Meeting

Contact: Richard Shakespeare, Director of Services, Environment, Culture and Community Department

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Document Pack Page 390 Agenda Item 34

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

BYE-LAWS FOR ADVERTISING

Motion: Councillor R. Humphreys “That the Manager bring proposals to the Council, whether by bye-laws or otherwise, for dealing with the problem of advertising vehicles (with or without boards or signs attached) being parked within the County at key locations which currently constitute a form of unregulated advertising sign not subject to planning control.”

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

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

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

Contact: John Broderick, Senior Executive Officer, Transportation Department

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Document Pack Page 392 Agenda Item 35

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

SUMMER FESTIVAL CALENDAR

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

Report:

The Council’s Festival of Festivals finished on the 11 th September with The Mountains to Sea dlr Book Festival. By and large the events were well received by all sectors of the community and there was a noticeable increase in footfall throughout the Dun Laoghaire area during the events. The programme is currently being reviewed in the context of its structure, content and value for money. Once this review is complete it will enable the Council to decide to progress this model into future years or not.

Contact: Richard Shakespeare, Director of Services, Environment, Culture and Community Department

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Document Pack Page 394 Agenda Item 36

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

BATHS SUB COMMITTEE

Motion: Councillor M. Halpin "That this Council agrees to immediately reconvene the Baths Sub Committee with a view to progressing the project to restore the baths as a public swimming amenity"

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

Contact: Owen P. Keegan, County Manager

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Document Pack Page 396 Agenda Item 37

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

NATIONAL TRANSPORT AUTHORITY

Motion: Councillor H. Lewis "That this Council agrees, to call a representative of the National Transport Authority to attend the next available Council meeting, to listen to Councillors concerns with regards to proposed changes to Dublin Bus routes and timetables in the Council area."

Report: If the Motion is passed the Council will request a representative from the NTA to attend the next meeting of the Council.

However, it should be noted that the National Transport Authority's role is more of a regulatory/licensing one and as Dublin Bus are responsible for the design and running of the bus services across the County, they may be the more appropriate authority to address the issues related to routes and timetables in the Council area.

Contact: John Broderick, A/Senior Engineer, Transportation Department

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Document Pack Page 398 Agenda Item 38

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

LICENCE TO EXCAVATE PUBLIC ROADS AND FOOTPATHS

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

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

Jim Byrne, Executive Engineer, Roads Control Unit.

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Document Pack Page 400 Agenda Item 39

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 TH SEPTEMBER 2011

PLACING OF WORK OF ART IN OPEN SPACES

Motion: Councillor s J. Dillon Byrne & S. Fitzpatrick “That the Manager given the de-commissioning of several works of sculpture in open spaces, now direct the Arts office to re-direct the policy towards the commissioning and placing of work of art in open spaces to retain the numbers available for viewing by the general public.”

Report: The Council’s most recent three-year public art programme Place and Identity was a series of ward-based artists’ residencies and temporary commissions. As this programme has come to an end the Arts Office is now in the process of reviewing and updating the Council’s Public Art guidelines for consideration by the E,C,C SPC. Subject to available funding, a new Public Art implementation plan will be developed once the guidelines are approved.

Contact: Kenneth Redmond, Arts Officer, Environment, Culture and Community Department

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Document Pack Page 402 Agenda Item 40

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

WORKS PROGRAMME FOR 2012

Motion: Councillor V. Boyhan “That the Manager request each Department within the Council to prepare a Works Programme for 2012 with a view to having same in place for the 2012 budget debate.”

Report: Departments will not be in a position to prepare detailed Works Programmes for 2012 in time for the 2012 Budget debate. The scope of any Works Programme will depend on monies being allocated in the Budget and also, in most cases, on the availability of external funding. Information on the former will only be available when the Budget is actually adopted while information on the latter will not be available until we are notified of allocations by Government Departments early in 2012.

However, Council management will be in a position to give some indication of the likely implications of the draft Budget for various Work Programmes at the time of the Budget debate.

Contact: Owen P. Keegan, County Manager

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Document Pack Page 404 Agenda Item 41

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PARKING CONTROL BYE LAWS

Motion: Councillor C. Smyth “That the Manager begin the process of amending the Parking Control Bye Laws to restrict all vehicles parking at electric charge points unless the vehicle is being charged.”

Report: It is understood that the Minister of Transport, Tourism and Sport is examining this matter currently, but there has not been any former consultation or decision.

It is recommended that the Council await the decision of the Minister before undertaking any amendment of the parking control bye-laws.

There are a number of electric charging points located in the Dublin Area. At the moment, motorists who are parked in these bays, whether charging or not, are required to pay for pay and display parking.

Contact: Therese Langan, Senior Executive Officer, Transportation Department.

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Document Pack Page 406 Agenda Item 42

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

POOPER SCOOPER VENDING MACHINES

Motion: Councillor S. Fitzpatrick “That the Manager research and report back to the next Environment SPC if there are companies that manufacture pooper scooper vending machines which Dún Laoghaire Rathdown County Council could purchase for installation in our County’s parks and at other locations where dog excrement is an issue.”

Report: The Council does not provide vending machines in Parks as these would be subject to vandalism and theft.

The Council ceased providing bags for dog fouling some years ago due to budgetary constraints and it is not considered a priority in the 2012 estimates to recommence stocking and supplying bags to dog owners who can purchase suitable receptacles at a low cost from supermarkets.

Contact : Leslie Moore, Senior Parks Superintendent

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Document Pack Page 408 Agenda Item 43

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

NUCLEAR FREE LOCAL AUTHORITIES ALL IRELAND FORUM

Motion: Councillor V. Boyhan “That Dún Laoghaire Rathdown County Council resolve to become a member of the Nuclear Free Local Authorities All Ireland Forum.”

Report: Mr. Sean Morris, Secretary of the Nuclear Free Local Authorities Forum, was requested to furnish the Council with the costs involved in joining this Forum. These costs have now been received and a report on the issue will be presented to the next meeting of the Organisation, Procedure & Protocol Committee for that Committee's consideration.

Contact: Tony Pluck, Director of Corporate Services

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Document Pack Page 410 Agenda Item 44

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

DÚN LAOGHAIRE TOWN HALL

Motion: Councillor J. Dillon Byrne “That this Council agree to adopt a campaign to advertise (and do P.R.) and to publicise this Dún Laoghaire Town Hall as the most desirable venue for a wedding and that the Council consider a partnership with a catering company (or companies) to possibly provide a meal and/or wedding breakfast at this Town Hall, Dún Laoghaire.”

Report: Dún Laoghaire-Rathdown County Council (Corporate Services Department) successfully hosted the first civil wedding in the Assembly Hall on Friday, 17 th September 2010. The wedding party and the Civil Registrar indicated they were pleased with the venue and the management of the ceremony. Articles appeared in the local and national press at the time as well as the DLR Times.

Several enquiries have been made in relation to the use of the venue for Civil Ceremonies and one booking has been confirmed for Spring 2012.

The Assembly Hall and Annexe are the venues where the Civil Ceremonies are held in the County Hall. The Assembly Hall is the venue for the solemnisation of Civil Marriage Ceremonies and the Annexe is required by the Registrar for meetings, if required. Both venues need to be immobilised both for the preparation and for the ceremony itself.

The Council’s website announces the availability of the Assembly Hall as a venue for the solemnisation of Civil Marriage Ceremonies, provides photos of the venue and a link to the Booking form and Marriage Guidelines.

As hotels and restaurants in the county are suffering due to the downturn of the economy and struggling to meet their rates payments, it is not considered appropriate that the Council would compete for business in this area. Furthermore, there would be staff costs involved which the Council could not absorb.

Contact: Tony Pluck, Director of Corporate Services & I.T.

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Document Pack Page 412 Agenda Item 45

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PARKING IN DÚN LAOGHAIRE

Motion: Councillor M. Halpin “That the Manager immediately brings a report on the follow up in relation to the public consultation on parking in Dún Laoghaire and set out his recommendations.”

Report: “A Headed Item on the Public Consultation Process is listed for the Dún Laoghaire Area Planning & Transport Committee to be held on Monday, 3 rd October 2011.”

Contact: Therese Langan, Senior Executive Officer, Transportation Department

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Document Pack Page 414 Agenda Item 46

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PUBIC TAXI RANK

Motion: Councillor H. Lewis “That this Council supports the call of Taxi Drivers for a pubic taxi rank in the vicinity of Bewley’s Hotel or The Century Business Park in Leopardstown and takes action to end illegal practice of Taxi Company drivers operating an exclusive unofficial taxi rank outside Bewley’s Hotel.”

Report: Dun Laoghaire Rathdown County Council does not have the authority to intervene in the practice of taxis standing for hire on private property at Bewley's Hotel. It is the responsibility of the Taxi Regulator to take action in this regard.

The roads in the vicinity of Bewley's Hotel and Central Park are not in the charge of the Council. Taxi Ranks can only be provided on public roads in the charge of the Roads Authority. The closest public road in the vicinity of this area would be Leopardstown Road. Historically, a taxi rank was provided for in the bye-laws on Leopardstown Road but this was removed during the 2008 review of the bye laws. Since that time, the Luas Station in Central Park has opened and the Aircoach also services Bewley's Hotel. A number of meetings were held with the taxi representatives during the 2008 bye laws review and there was no objection to the removal of Leopardstown from the bye laws.

Contact: John Broderick, A/Senior Engineer, Transportation Department

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Document Pack Page 416 Agenda Item A1

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

NATIONAL INVENTORY OF ARCHITECTURAL HERTITAGE SURVEY

Question: Councillor M. Baker “To ask the Manager when will the National Inventory of Architectural Hertitage Survey be completed for our County?”

Reply: Contact was made with Mr. W. Cumming, from the National Inventory of Architectural Heritage Dept of Arts, Heritage & the Gaeltacht in response to this question.

As their primary function is to aid Local Authorities in compiling their Record of Protected Structured (RPS), they decided that their work should initially focus on counties that did not have or have a very limited RPS. Therefore, they have consciously left Dublin City and Dún Laoghaire-Rathdown to last, as both counties already have a significant Record of Protected Structures.

The NIAH have set out their work programme for 2012, therefore it is anticipated that, funding permitting, they will commence the fieldwork for Dún Laoghaire- Rathdown in 2013.

Contact: Julie Craig, Acting Conservation Officer..

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Document Pack Page 418 Agenda Item A2

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CAPITAL PROJECT’S OFFICE

Question: Councillor V. Boyhan “To ask the Manager to report on the work of the Capital Project's Office, including its management, programme of works, its budget and to lay before the September Council its record of Managers Orders.”

Reply: The Water Services Capital Projects Office under the management of Mr. Frank Austin, Director and Mr Mick Mangan, Senior Engineer deliver a Capital Investment Programme for water supply, waste water and flood protection. DLR in common with the other Dublin Local Authorities faces major challenges in relation to water and drainage infrastructure. The investment programme addresses the issues and infrastructure deficits that currently exist, and is required to facilitate continued population and economic growth in DLR.

The Water Services Investment Programme (WSIP) 2010-2012 is a three year rolling funding plan, which is updated by the DECLG annually, providing the basis for scheme approval and scheduling for implementation.

Schemes at construction stage with estimated costs are

Bray Shanganagh Contract 1 (Wastewater Treatment Scheme Plant - DBO) 95,798,600 Contract 2 bray – Shanganagh pipeline

Sandyford High · Contract 1 (Civil Works) Level Water · Contract 2 (M&E Works) 27,460,500 Supply Scheme

Dun Laoghaire Contract 1 Carysfort - Maretimo Stream 3,920,500 Sewerage Contract 3 Network Upgrade ( Glasthule Scheme Phase 1 Environs ) 200,000

Water Rehabilitation Project (Dun Laoghaire 20,899,000 Conservation - Rathdown) Tranches 2 & 3 Stage 3 Works

The following schemes are at the planning stage

Bray/Shanganagh Sewerage Scheme Dodder Valley (Dun Laoghaire/Rathdown) Sewerage Scheme Dun Laoghaire Sewerage Scheme Phase I – Contract 2 – Network Upgrade Sandyford / Stillorgan environs Dun Laoghaire Sewerage Scheme Phase II Old Connaught/Woodbrook Sewerage Scheme Old Connaught/Woodbrook Water Scheme

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Water Conservation Stage 3 Works

The most recent review of the WSIP, published in July, is available at http://www.environ.ie/en/Publications/Environment/Water

The following scheme was added to the programme to start in the period 2011-2012

Water Conservation Dublin Region Watermains Rehabilitation 1,556,000 Stage 3 Works Project (Dun Laoghaire Rathdown) Tranche 2 – contract 7

Scheme funding is approved by the DECLG and is a combination of grants and DLR funds ( substantially from Development levies ).

Manager’s orders relating to the Capital Projects office are specific to each scheme and are part of the Water and Waste Dept schedules laid before each Council meeting. Staff resources are not available to extract Manager’s orders as each scheme goes back over several years.

Contact: Michael Mangan, Senior Engineer, Water Services Projects

Document Pack Page 420 Agenda Item A3

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

2011 BUDGET

Question: Councillor V. Boyhan “To ask the Manager to bring a report to Council indicating if the 2011 budget is on target and in line with that approved by Councillors, and to indicate if he intends bring forward proposals to amend or make adjustments to the approved budget. If there are any areas of concern please provide a detailed statement to the September Council meeting?”

Reply: A comprehensive review of the 2011 Budget has been undertaken and it is currently anticipated that the outturn for the year will be on target. Accordingly there is no requirement to amend the adopted Budget.

Contact: Helena Cunningham, A/Head of Finance

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Document Pack Page 422 Agenda Item A4

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PAY & DISPLAY CAR PA RKING ACROSS THE COUNTY

Question: Councillor V. Boyhan “To ask the Manager to provide the following financial information and stats in relation to Pay & Display car parking across the County, for the period January to July 2011

Total Income

Number of Parking fines issued Number of parking fines paid to date Number of appeals to date?”

Reply:

01 January 2011 - 31 July 2011 Income

Residents Parking Permits € 109,207.00 Visitors Parking Permits € 44,452.05 Meter Collections On Street €1,996,440.79 Fines Income On Street € 698,531.40 Suspensions On Street € 61,325.00 Court Costs € 46,845.00 Miscellaneous/Rescinding € 5,500.00 Meter Collections Off Street € 541,310.51 Fines Income Off Street € 81,149.80 Suspensions Off Street € 3,293.40 Total Income € 3,588,054.95

Number of Parking Fines Issued 22,816 (Jan 11 - Jul 11) Number of Parking Fines Paid to date 15,484 (Jan 11 - Jul 11) Number of Appeals 3,105 (Jan 11 – Jul 11)

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Jan 2011 - Jul 2011 Expenditure Enforcement 592,773.40 Legal Fees 205,375.14 Meters/Software 47,089.87 Lining 18,357.09 Security/Cash Collections 41,741.18 Meter Maintenance 90,157.10 Civil Works 145,227.86 Misc; Advertising, Printing 50,014.09 locks, Comms, IT, Courier Total expenditure 1,190,735.73

Contact: Therese Langan, Senior Executive Officer, Transportation Department

Document Pack Page 424 Agenda Item A5

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CAPITAL PROGRAMME

Question: Councillor V. Boyhan “To ask the Manager to confirm what communication has taken place with the Department of Environment, Community and Local Government in relation to the Capital Programme and has the Department indicate d if it will approve in part or full , the capital expenditure programme - please advise?”

Reply: Details of the Capital Programme have been submitted to and discussed with the Department of the Environment, Community and Local Government and sanction has been obtained for the progression of contractually committed capital projects in 2011 and an associated deterioration in the capital account balance.

Contact: Helena Cunningham, A/Head of Finance.

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Document Pack Page 426 Agenda Item A6

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

INCINERATOR AT POOLBEG

Question: Councillor V. Boyhan

“To ask the Manager to confirm if the Council is exposed legally, financially or contractually, directly or indirectly, in relation to the incinerator , currently being built by Covanta at Poolbeg and to indicate if the Council will have to direct waste service providers operating within the Dún Laoghaire-Rathdown area to divert waste to Covanta at Poolbeg. - please advise Councillors?”

Reply:

The principal source of policy in the area of waste management is the European Waste Framework Directive 2008. Other important directives are the Landfill Directive and the Packaging Waste Directive. These directives are implemented in national regulation and policy and cascade down to Regional Waste Management Plans. Some of the main policies arising out of these Directives are as follows:

The Waste Management Hierarchy and the requirement to direct waste to higher levels in the hierarchy (i.e. prevention, minimisation, reuse, recycling, energy recovery and disposal),

A limitation of biodegradable waste to be disposed of in landfill,

Minimum recycling rates to be achieved and

Provision of separate waste collection services.

These European policies are reflected in National Policy documents. The Dublin Region Waste Management Plan fully reflects national policy based on recycling and diversion of waste from landfill, with ‘Waste to Energy’ as only one element in an overall integrated approach to managing the region’s waste.

Dublin City Council has entered into a contract with Covanta for the construction and operation of a Waste to Energy Plant at Poolbeg on behalf of the four Dublin Authorities including Dún Laoghaire Rathdown

Dún Laoghaire Rathdown will direct waste service providers operating in the county to direct waste to the highest point on the hierarchy within the region, energy recovery is placed higher than landfill, as required by the Dublin Region Waste Management Plan

Contact: Frank Austin, Director of Water & Waste Services

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Document Pack Page 428 Agenda Item A7

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

DOG WARDENS EMPLOYED BY DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Question: Councillor J. Dillon Byrne “To ask the Manager how many Dog Wardens are employed by Dún Laoghaire- Rathdown County Council now?”

Reply: There is one Dog Warden employed by the Council at present.

Contact: Seamus Ahern, Administrative Officer, Environment, Culture and Community Department

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Document Pack Page 430 Agenda Item A8

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

DOG WARDENS

Question: Councillor J. Dillon Byrne “To ask the Manager do Dog Wardens undertake work in other areas (Wards) of the County Council other than the centre (Dún Laoghaire) Ward in a) May b) June c) July d) August when? and how often?

Reply: There is one Dog Warden employed by the Council for the entire county. His work is not confined to any particular area of the county at any time of the year. His work schedule can vary depending on complaints received from the public, requests for assistance from the Gardai, collection of surrendered dogs, etc.

Contact: Seamus Ahern, Administrative Officer, Environment, Culture and Community Department

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Document Pack Page 432 Agenda Item A9

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

BEDSIT UNITS

Question: Councillor S. Fitzpatrick “To ask the Manager to state how many bedsit units are currently allocated to Dún Laoghaire-Rathdown County Council social housing tenants and to inform this Council of the progress on the phasing out of bedsit accommodation stock under regulations introduced in 2008?”

Reply: There are approximately 100 bedsit units allocated to tenants in the Dún Laoghaire Rathdown County Council area. Bed-sits were constructed in accordance with the Regulations at the time. While every effort will be made in the coming years to upgrade this type of accommodation there is currently very little capital funding available to carry out major works.

Contact: Liz Clifford, Administrative Officer, Housing Department Maura Hickey, Administrative Officer, Housing Department

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Document Pack Page 434 Agenda Item A10

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PUBLIC BIKE SCHEME

Question: Councillor S . Fitzpatrick “To ask the Manager if Dún Laoghaire-Rathdown County Council has received any monies from JC Decaux to establish a bikes scheme in this Local Authority area. Can the Manager explain why proposals for a public bike scheme have not yet been presented to this Council?”

Reply: The National Transport Authority has been examining the feasibility of extending the Dublin Bike Scheme into areas outside Dublin City and into other large city areas. The Council awaits the outcome of this assessment to establish if such a scheme would be feasible and economically viable in the Dún Laoghaire - Rathdown County Council area.

It should noted that JC Decaux is providing the bike service as part of an outdoor advertising contract with Dublin City Council only and thus no monies have been received from JC Decaux by the Council to establish a bikes scheme in Dún Laoghaire - Rathdown County Council.

Contact: Gerry Flaherty, Senior Executive Engineer, Transportation Department

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Document Pack Page 436 Agenda Item A11

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

LITTER WARDEN FINES

Question: Councillor S. Fitzpatrick “To ask the Manager to state the number and total value of fines that were given out by Dún Laoghaire-Rathdown County Council’s Litter Wardens for the years 2010, 2009 and 2008 and what percentage of issued fines have subsequently been paid each year?”

Report: The following is the information requested.

Year Issued Value of Fines Paid Percentage Paid 2008 1484 €222,600 905 61% 2009 1808 €271,200 1005 56% 2010 1129 €169,350 807 71%

Contact: Seamus Ahern, Administrative Officer, Environment, Culture and Community Department

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Document Pack Page 438 Agenda Item A12

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

INCOME CUT OFF POINTS FOR ELIGIBILITY FOR SOCIAL HOUSING

Question: Councillor M.Halpin “To ask the Manager if there will be any leeway with regards to the income cut off points for eligibility for social housing whereby a couple with 2 children earning €40,300 nett will be deemed ineligible?”

Reply : The income limits to determine eligibility for assessment of need for housing are set out by Statutory Instrument in the Social Housing Assessment Regulations 2011 and therefore the Council has no discretion in relation to any change. Under these regulations the maximum net income for a couple with two children is €38,500 per annum.

Contact: Liz Clifford, Administrative Officer, Housing Department.

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Document Pack Page 440 Agenda Item A13

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

HOUSING LIST

Question: Councillor M. Halpin “To ask the Manager for a full list of how many individuals have now been removed from the housing list since the introduction of the new Allocations Scheme; and to detail how many of these were removed as RAS tenants, how many were ineligible and how many were deemed to no longer have a housing need?”

Reply: The Allocation Scheme was adopted on 13 th June 2011; since that date 315 Social Housing Support applications have been closed and the applicants have been removed form the Social Housing Support List. Of these 249 were RAS tenants who are resident in the DLR County Council area all of whom have been written to and requested, if they wish, to apply for inclusion on the RAS Fixed Transfer List. The closing date for receipt of completed application forms is 30 th September 2011. The RAS Fixed Transfer List will come into effect on 1 st October 2011.

The remaining 87 applicants removed from the list included 2 applicants who were ineligible due to income, 12 who were deemed to no longer have a housing need and the rest did not respond to correspondence or were no longer interested in being housed or were housed by another Local Authority.

Contact: Liz Clifford, Administrative Officer, Housing Department.

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Document Pack Page 442 Agenda Item A14

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

LONG TERM LEASES AND RAS TENANCIES

Question: Councillor M. Halpin “To ask the Manager how many long term leases and RAS tenancies are currently on the books and what is the length of the leases; how many RAS and long term leases are in the negotiation phase and what are the proposed lease lengths for these?”

Reply: In relation to Long Term Leasing the Council currently has 6 long-term leases signed, of which 3 have a 20 year lease agreement and 3 have a 10 year lease agreement.

Negotiations are currently being carried out with a further 10 property owners; while no decision has been made at this stage with regard to the length of these leases, they would normally be between 10 and 20 years.

Under the Social Housing Leasing Initiative, Approved Housing Bodies can acquire units using private/HFA finance. If these units are then made available to meet social housing need the AHB will receive a leasing availability payment from the Council. The Council is currently finalising a Payment and Availability Agreement with Cheshire Ireland which will provide 2 units for a period of 30 years. Under a CALF proposal announced recently by Cluid a further 34 properties are being provided to meet social housing need. The Payment and Availability Agreement with Cluid will also be for a period of 30 years.

In relation to RAS, as at 31 st August 2011 there were 348 RAS contracts in place with private landlords, 334 of which are for 4 years and 14 of which are for 10 years.

Contact: Maura Hickey, Administrative Officer, Housing Department

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Document Pack Page 444 Agenda Item A15

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

RAS TENANTS

Question: Councillor M. Halpin “To ask the Manager if he will allow RAS tenants to search for a replacement RAS tenancy themselves in the event of them not wanting to renew their lease?”

Reply: RAS Tenants, whose landlord has indicated they wish to terminate their contract are permitted to seek alternative RAS accommodation in conjunction with the Council’s RAS Section. They are advised of guidelines that must be adhered to in respect of rent limits and standard of property. All properties selected must be inspected and passed by the RAS Section to ensure they comply with all the requirements. The RAS Section works closely with these tenants to ensure their needs are met as there is a duty of care to ensure they are provided with adequate accommodation.

It is important to note that it is confirmed with RAS tenants prior to them transferring onto the Scheme that they are happy to stay at their accommodation on a long-term basis. Applications to transfer to alternative RAS accommodation can also be considered once a RAS tenant has completed a minimum of 3 years tenancy subject to them maintaining their tenancy in a satisfactory manner and at the end of a contract period. These cases are all dealt with on an individual basis.

Contact: Mary Kennefick, Administrative Officer, Rental Accommodation Scheme.

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Document Pack Page 446 Agenda Item A16

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

LOCAL AREA PLANS ADOPTED BY DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL SINCE JUNE 2004

Question: Councillor G. Horkan "To ask the Manager to report on the dates of duration of all Local Area Plans adopted by Dún Laoghaire-Rathdown County Council since June 2004, (it seems that some LAPs have a duration e.g. Deansgrange 2010-2020 whereas some others including Stillorgan appear to be open-ended) furthermore that the manager explain why there is this difference between this treatment of LAPs in different areas?"

Reply Local Area Plans (LAPs) completed and adopted by Dún Laoghaire-Rathdown County Council since June 2004 are as follows:

Local Area Plan (LAP) Adopted Woodbrook/Shanganagh LAP, 2006-2016 13 Nov 2006 Kiltiernan/Glenamuck LAP, 2007-2017 9 July 2007 Stillorgan LAP, 2007-2012 8 October 2007 Glencullen LAP, 2008-2013 10 March 2008 Deansgrange LAP, 2010-2020 22 June 2010

It is acknowledged that there is a degree of inconsistency in relation to the notional timeframes set against the various LAPs that have been adopted by the Council since 2004. The Planning and Development Act 2000 does not , however, prescribe any specific timeframes or durations for LAPs. Indeed Section 18 Sub-Section 4(a) of the Act states that “ A local area plan prepared under this section shall indicate the period for which the plan is to remain in force” – thereby allowing the planning authority to determine the appropriate duration for any given LAP. The primary issue addressed in Section 18 of the Act relates less to LAP chronologies and timeframes and more to ensuring that LAPs remain consistent with the ‘parent’ Development Plan in force at any given time.

The rationale behind the 10 year timeframes for the Woodbrook/Shanaganagh and Kiltiernan/ Glenamuck LAPs was primarily in response to, and in recognition of, (i) the ‘greenfield’ context of the two plan areas in question; and (ii) the significant quantum of physical infrastructure that needed to be introduced to ‘unlock’ the development potential of both these plan areas. These infrastructural lead-time issues did not apply to anything like the same degree to the highly urbanised Stillorgan area nor to Glencullen - where the primary thrust of that LAP was of constraining rather than encouraging development.

The ten year timeframe applied more recently to the Deansgrange LAP was less influenced by matters of infrastructural provision and more a response to the state- wide recessionary climate and also an acknowledgement that the development industry is effectively in stasis and likely to remain so for the foreseeable future.

In relation to the duration of LAPs the recent Planning and Development (Amendment) Act 2010 contains new provisions to effectively extend the lifespan of a six year LAP “ … for a further period not exceeding 5 years ” - subject to an

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appropriate resolution being made by the planning authority “ … not more than 5 years after the making of the previous local area plan….. ”. These new provisions to facilitate extensions to the lifespan of LAPs are again in response to (i) the economic circumstances that prevail nationally; and (ii) an acknowledgement that the rate of construction going forward in any new development area will inevitably be slower than pre-2008. The lifespan extension provisions detailed in the 2010 Amendment Act are very much predicated on an extant LAP remaining fully consistent with the objectives and core strategy of the relevant Development Plan in force at the time.

Contact : Dave Irvine, Senior Planner.

Document Pack Page 448 Agenda Item A17

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CHERRYWOOD

Question: Councillor G. Horkan "To ask the Manager whether Cherrywood is currently classified in the retail hierarchy of the County as a District Centre or Town Centre?"

Reply: The retail hierarchy for the County is set out in table 7.1 of the Dún Laoghaire- Rathdown County Development Plan 2010 – 2016. Cherrywood is classified as a District Centre in this hierarchy.

Contact Person: M. Henchy, Senior Planner

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Document Pack Page 450 Agenda Item A18

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

DRAFT PLANS

Question: Councillor R. Humphreys "To ask the Manager for a list of the draft local area plans, urban framwework plans, strategic development zones, architectural conservation areas or similiar plans and the stage each draft is currently at?"

Reply Local Area Plans

• The Draft Goatstown Local Area Plan went on public display last week (Wednesday 7 th September). The public consultation period concludes 19 th October. The intention is to bring the Manager’s Report on Submissions received to the January 2012 Council Meeting for the consideration of the Elected Members.

• Preparatory work on the two Local Area Plans for Dún Laoghaire and Blackrock has commenced and is reasonably well advanced. Assuming continuing satisfactory progress over the coming weeks it is anticipated the consultation process on the Pre-Draft ‘Issues & Options’ Papers for both Local Area Plans could commence mid-November 2011. Work on the preparation of the Draft Local Area Plans, and the various associated environmental reports, will proceed through the first half of 2012. The timing of the publication of the two Draft Local Area Plans will be heavily influenced by potential requirements in respect of Appropriate Assessment.

Urban Framework Plans

• Consideration of the Manager’s Report on the Proposed Material Alterations in respect of the Sandyford Urban Framework Plan (Variation No. 2) is a listed item on tonight’s Council Meeting agenda.

Strategic Development Zones

• Preparation of the Planning Scheme for the Cherrywood Strategic Development Zone (SDZ) is currently in train. The Planning Scheme requires it to be prepared by May 2012. A Briefing Session for Councillors on progress to date in the preparation of the Planning Scheme has been provisionally organised for 27 th September. Details of that Briefing Session – date, time, venue etc - will issue shortly to Members.

County Development Plan

• County Development Plan Variations No. 4 – Core Strategy and No. 5 – Building Heights Strategy were the subject of a four-week public consultation process earlier this summer. The Manager’s Reports on submissions received in response to these public consultation processes are included as listed items on tonight’s Council agenda for consideration by the Elected Members.

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• Section 15 (2) of the Planning and Development Act 2000 (as amended) requires that, not more than 2 years after the making of a development plan, the Manager of a Planning Authority shall give a report to the Members of the Authority on the progress achieved in securing the objectives of the Development Plan. The preparation of that comprehensive 2 year ‘progress’ report on the 2010-2016 County Development Plan will commence towards the end of this calendar year – with a view to bringing the finalised report to Members for their information early 2012.

Candidate Architectural Conservation Areas

The programme for the assessment of Candidate Architectural Conservation Areas (ACA’s) is as follows:

• The Silchester Road and Sandycove proposed Architectural Conservation Areas are going on public display on 26 th September 2011.

• Those proposed ACA’s that lie within the Monkstown environs will be put out on display as a composite proposed ACA in December 2011. The areas included in the composite ACA are: Seapoint Avenue Queen’s Park Eaton Square Belgrave Square The Hill Montpelier Parade Brighton Vale

• Consultancy work is nearing completion on Phase 1 (Character Appraisal) for the next 10 no. ACAs. It is intended that these will be brought to Council for consideration during the course of 2012.

Group 1: Arkle Square Sydenham Road Sydenham Villas Campfield Terrace

Group 2: Cross Avenue Montpelier Place Newtown Villas

Group 3: Adelaide Road Vico Road/ Sorrento Point Marlborough Road

All of the above timeframes are dependent on the continuing availability of resources and adequacy of department budgets.

Contact Persons: Dave Irvine, Senior Planner, Forward Planning Julie Craig, Conservation Officer, Architect

Document Pack Page 452 Agenda Item A19

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CIVIC MEMORIALS POLICY

Question: Councillor R. Humphreys To ask the Manager for an update on the civic memorials policy?”

Report: The Dún Laoghaire-Rathdown Draft Council Memorial Policy is on the current agenda for the Council Meeting for adoption.

Contact: Tim Carey, Heritage Officer, Environment, Culture and Community Department

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Document Pack Page 454 Agenda Item A20

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

UNAUTHORISED FENCING AT ST. HELEN'S, STILLORGAN

Question: Councillor R. Humphreys "To ask the Manager for a further update in relation to complaints regarding unauthorised fencing at St. Helen's, Stillorgan?"

Reply: A Warning Letter was issued on 15 th April 2011 to the Management Company for alleged unauthorised development consisting of the erection of fencing, 2.40 metres in height, within the curtilage of a protected structure and without the benefit of planning permission, and afforded four weeks for a submission in accordance with Section 152 of the Planning and Development Act 2000 (as amended). A submission was received on 17 th May 2011 to state that the Board of Management would be responding but no further correspondence has been received.

Prior to issuing of the Warning Letter, the Property Management section confirmed that the lands on which the fence is erected is in the ownership of Merrion Woods/ Sumaes Management Company.

The Planning Inspector carried out an inspection on 7 th July, 2011, and, following consultation with the Conservation Officer, recommended the service of an Enforcement Notice requiring the removal of the fencing on the 8 th July, 2011.

Correspondence subsequently issued to the Management Company and their Agent, advising of the intention to serve an Enforcement Notice to have the matter regularised on 11 th July, 2011.

A response was received from the Agent, on 15 th July, 2011, stating that a meeting of the Board was being scheduled with a view to securing the necessary authorization to comply with the Planning Authority’s wishes.

The Planning Authority acknowledged this submission on 18 th July, 2011, and requested that the Agent revert with a timeframe for regularising of the matter.

As no response had been received to this request, the Planning Authority proceeded to the service of the Enforcement Notice on 2 nd September, 2011, requiring the removal of the unauthorized fencing, within One Month.

Contact: Tom Mahon, Administrative Officer, Planning Department.

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Document Pack Page 456 Agenda Item A21

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

MICHAEL WARREN “GATEWAY” SCULPTURE

Question: Councillor R. Humphreys “To ask the Manager when the Michael Warren “Gateway” sculpture will be re- erected in a prominent position, and where?”

Report: The Arts Office, in partnership with the Architects Department are continuing a dialogue with the artist Michael Warren and will furnish the Council with a report and recommendations on completion.

Contact: Kenneth Redmond, Arts Officer, Environment, Culture and Community Department

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Document Pack Page 458 Agenda Item A22

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CEMETERIES BYE-LAWS

Question: Councillor R. Humphreys “To ask the Manager for a further update on the status of the proposed cemeteries bye-laws?”

Reply: It is proposed that a review of the Draft Cemeteries bye-laws will be completed by the end of 2011.

Contact: Monica Boyle, Administrative Officer, Parks and Landscape Services.

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Document Pack Page 460 Agenda Item A23

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

THREE NEW SCHOOLS IN DÚN LAOGHAIRE RATHDOWN AREA

Question: Councillor N. Richmond "To ask the Manager to detail any discussion he has had with the Department of Education following their announcement (27th June, 2011), that three new schools are to be built in the County between 2012 and 2017?"

Reply The announcement by the Minister of Education and Skills on 27 th June 2011 advised that a rolling programme of 40 no. new schools (both primary and post-primary) would be established nationally between 2011 and 2017. Within Dún Laoghaire- Rathdown County two primary schools – one in Stepaside/Ballinteer and one in Ballinteer – are programmed to be established between 2012 and 2015. One post- primary school – in the Stepaside/Ballinteer area – is programmed to be established between 2012 and 2017. A very indicative map of the Greater Dublin Area identified the general location(s) of the schools listed in the programme announced by the Minister.

Subsequent to the Minister’s announcement there has been a preliminary contact between the Council’s Planning Department and the Department of Education and Skills Planning and Building Unit based in Tullamore. The Planning and Building Unit have advised that it is their intention to formally approach the relevant local authorities within the next month or so with a view to commencing a detailed dialogue and discussion in relation to possible site identification, technical specifications and timeframes. The Planning and Building Unit have also advised that they have recently developed a GIS system that facilitates a much more considered and objective analysis of school place demands and projections than heretofore. They are currently interfacing this new GIS system with the headline Enumeration District figures arising from the recent Census 2011. In addition the Planning and Building Unit advises that they are currently in detailed discussions with various potential Patron Bodies as prospective patrons of the new schools announced by the Minister in June.

Contact: Dave Irvine, Senior Planner, Forward Planning

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Document Pack Page 462 Agenda Item A24

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

National Internship Scheme

Question: Councillor N. Richmond

“To ask the Manager if the Council will be engaging in the new National Internship Scheme and if so if he would detail how?”

Reply:

The Council is actively participating in the National Internship Scheme and has circulated details to all Heads of Department seeking details of suitable positions for inclusion in the scheme. A number of positions have been identified to date and are in the process of being advertised on the Jobbridge.ie website.

Further internship positions are in the process of being identified and will be advertised in due course on Jobbridge.ie. Application Forms for these positions are available on www.dlrcoco.ie

Contact: Carol McLoughlin, Administrative Officer, Human Resources Department

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Document Pack Page 464 Agenda Item A25

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

PROPERTY MANAGEMENT COMPANY

Question: Councillor C. Smyth “To ask the Manager how much the Council pays to Property Management Company and list the locations?”

Reply: In respect of RAS properties, the Council has paid €23,319.23 to Property Management Companies in 2011 in respect of the following locations:

12 units at The Rectory, Stepaside 5 units at Granitefield, Rochestown Avenue 4 units at George's Place, Dun Laoghaire

In respect of Unsold Affordable Units, Management Charges totaling €185,776.94 are payable in 2011 in respect of the following locations:

5 units at Kingston Hall 37 units at the Belfry 14 units at Levmoss/Mimosa 15 units at Belarmine 63 units at Honey Park 1 unit at Beacon South Quarter

Management Service Charges were paid in relation to 80 Social Units at Honey Park in the sum of €122,888.40.

10 units were acquired for Homeless in the last year and Management Service Charges totaling €12,362 were paid on these units.

Contact: Mary Kennefick, Administrative Officer, Housing Department Marie Egan, Administrative Officer, Housing Department Maura Hickey, Administrative Officer, Housing Department

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Document Pack Page 466 Agenda Item A26

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

OLDER PERSONS SURVEY

Question: Councillor C. Smyth

“To ask the Manager what were the main findings of the Older Persons Survey which was completed by Dún Laoghaire Rathdown Older Persons Network?”

Reply:

A survey carried out by the Network for Older People in partnership with Southside Partnership is current being printed and will be circulated to each Councillor by the Network.

Contact: Deirdre Baber, Senior Community Officer Environment, Culture & Community

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Document Pack Page 468 Agenda Item A27

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

CONSULTANTS PAYMENTS

Question: Councillor C. Smyth "To ask the Manager to list the amount paid to consultants on the Cherrywood Strategic Development Zone?"

Reply: Consultants have been engaged to advise the Council on issues in respect to: transport, flooding, drainage, environment and the preparation of a Strategic Environmental Assessment and an Appropriate Assessment for the plan area. Some of this expenditure was made prior to the areas designation as a Strategic Development Zone. The total amount paid since January 2009 is €459,565.65.

Contact Person: M.Henchy, Senior Planner

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Document Pack Page 470 Agenda Item A28

MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

12 SEPTEMBER 2011

“SLI NA SLAINTE” ROUTES THROUGHOUT THE COUNTY

Question: Councillor C. Smyth “To ask the Manager in conjunction with the Irish Heart Foundation, to review the “Sli na Slainte” routes throughout the County?”

Reply: Two main Slí na Slainte routes exist in the Dún Laoghaire - Rathdown County Council area as follows:

- East Coast Route - The Metals Route

Any issues along each route (missing signage, signage in the incorrect direction etc ) should be brought to the attention of the Transportation Department who will liaise with the Irish Heart Foundation on the matter.

Contact: Gerry Flaherty, Senior Executive Engineer, Transportation Department

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