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DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 12 January 2004 at 5.00 pm

PRESENT

Councillors Councillors Bhreathnach, N. Fox, T. Boyhan, V. Horkan, G. Butler, L. Joyce, T. Coffey. B Kelly, T. Conway, B. Lowe, B. Corrigan, M Marren, D. Cosgrave, Liam T. Matthews, T. Cosgrave, Louise Murphy, T. Costello, E. O’Callaghan, D. Culhane, A. O’Malley, C. Dillon Byrne, J. Saul, B. Dockrell, W. Smyth, C. Elliott, M.

Apologies for inability to attend were received from Councillor H. Keogh.

An Cathaoirleach, Councillor T. Matthews presided.

OFFICIALS PRESENT

Mr. D. Brady, County Manager; Mr. M. Gough, Deputy Manager; Ms. K. Holohan, Mr. C. MacNamara, Mr. E. O’Hare, Mr. J. Fitzgerald, Ms. M. Mallon, Directors of Services; Mr. M. Hogan, Head of Finance; Mr. G. Hayden, Head of Corporate Services; Mr. D. Irvine, Senior Planner; Mr. L. Monks, Ms. T. Langan, Senior Executive Officers; Ms Julienne Brown, Executive Planner; Ms M. Hickey, Administrative Officer; Mr. Seamus O’Connor, Senior Staff Officer; Mr. K. Fitzsimons, Road Safety Officer.

C/08/04 Confirmation of Minutes

(a) Minutes of Special County Council Meeting held on 14 October 2003 (b) Minutes of Adjourned Special County Council Meeting held on 22 October 2003 (c) Minutes of Adjourned Special County Council Meeting held on 29 October 2003 (d) Minutes of Adjourned Special County Council Meeting held on 5 November 2003 (e) Minutes of Adjourned Special County Council Meeting held on 19 November 2003 (f) Minutes of Adjourned Special County Council Meeting held on 20 November 2003 (g) Minutes of Adjourned Special County Council Meeting held on 25 November 2003 (h) Minutes of Adjourned Special County Council Meeting held on 26 November 2003 (i) Minutes of Adjourned Special County Council Meeting held on 27 November 2003 (j) Minutes of County Council Meeting held on 8 December 2003

It was proposed by Councillor J Dillon Byrne and seconded by Councillor C O’Malley that the minutes be RE-ENTERED for the February Council Meeting.

1 C/09/04 Consideration of Report of Area Committees

The following report of the Dun Laoghaire Area Committee (T&EDP) meeting held on 1 December 2003, which had been circulated, was NOTED:

“MEETING OF DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL

12 TH JANUARY 2004

ITEM NO. 2 (a)

Consideration of Report of Area Committee

Dun Laoghaire Area Committee Meeting held on Monday 1 st December 2003

COUNCILLORS PRESENT

Bhreathnach, Niamh Dockrell, William Boyhan, Victor Ireland, Kealin Butler, Larry Keogh, Helen Coffey, Betty Lowe, Bernie Conway, Barry Marren, Donal Costello, Eoin O’Callaghan, Denis Dillon-Byrne, Jane O’Malley, Chris Smyth, Carrie

An Cathaoirleach, Councillor N. Bhreathnach presided. OFFICIALS PRESENT

J. Guckian, D.McCulloch, L. Monks, Senior Executive Officers; W. Horgan, Senior Engineer; E. MacDonagh, A/Senior Engineer; D. Irvine, M. Henchy, Senior Planners; K. Fitzimons, Road Safety Officer; S. Sheehy, A/Senior Executive Planner; M. Quigley, T/Senior Staff Officer; K. Miller, Assistant Staff Officer; TRANSPORTATION BUSINESS

It was PROPOSED and AGREED that the Minutes of the Meeting of Dun Laoghaire Area Committee (T&ED&P) of 6 th October 2003 be CONFIRMED AND ADOPTED.

It was PROPOSED and AGREED that the Minutes of the Meeting of Dun Laoghaire Area Committee (T&ED&P) of 3 rd November 2003 be CONFIRMED AND ADOPTED. TRANSPORTATION QUESTIONS

Question Numbers 2 to 32 inclusive were ADOPTED and APPROVED. HEADED ITEMS Item No. 34 Traffic Calming Review Procedures and Priority List DUN LAOGHAIRE AREA

A Senior Transportation Engineer from Carl Bro, Mr. Steve Wallace, made a presentation to the meeting.

Following discussion the report was NOTED.

Item No. 33 Proposed Extinguishment of Public Right-of-Way over Portion of Footpath at the side of 19 Cloister Square, Blackrock

The report of the Manager was AGREED. Item No. 35 Consultation with Garda Commissioner

Following discussion the report was NOTED, except the double yellow lines at Rosmeen Gardens, which was deferred for one month to consult with the residents of Rosmeen Gardens. Item No. 36 Ministerial/Departmental/Other Correspondence

It was NOTED that there was no business for consideration under this heading. MOTIONS Item No. 37 Up to date situation in regard to taking in charge of area at the Pavilion Site The following motion was proposed by Councillor B. Coffey and seconded by Councillor V. Boyhan: -

“That the Manager bring to the Council the up to date situation in regard to the taking in charge of the area at the Pavilion site and in particular to inform the Council: -

(a) is there a programme of sweeping and litter abatement being carried out in the area; (b) is it possible to carry out initial environmental works in the area of landscaping etc.”

The following report of the Manager was CONSIDERED:

A meeting was held before the summer holidays with the tenants of the various units and Management Company. At this meeting they were informed that the Council has not taken the paved area surrounding the Pavilion in charge. The surface is not satisfactory and many of the slabs require re-laying. Also, parking delivery vehicles on a regular basis has damaged the pavement and will, over time, break the slabs.

(a) As the area in question is not in maintenance by the Council, Environmental Services Department are not responsible for maintaining the surface or any works at this location. (b) Most of the paved area on the Pavilion site will never be taken in charge, but hopefully maintained by a Management Company.

The proposed landscaping as part of the decking project at the Metals is still a subject under consideration between the Council the Iarnród Eireann. It would therefore, be considered premature to proceed with any landscaping at present.

Following discussion the above report was NOTED, and it was AGREED to invite the developer to attend a future meeting to address the concerns of the Council. Item No. 38 Traffic Calming Measures – Oliver Plunkett Road The following Motion was proposed by Councillor Chris O’Malley and seconded by Councillor Carrie Smyth: -

“That the Council make provision for adequate traffic calming measures on Oliver Plunkett Road, particularly towards the Monkstown Roundabout end.”

The following report of the Manager was CONSIDERED:

3 The Area Committee have approved the implementation of speed reduction measures on Oliver Plunkett Road as part of the Quality Bus Corridor and Cycle tracks Scheme from Stillorgan Road (N11) to Dun Laoghaire. The speed reduction measures on Oliver Plunkett Road together with the re-design of its approach on the new roundabout and new pedestrian signals will provide appropriate traffic calming on this section of road.

Following discussion the above report was NOTED. Item No. 39 Upgrade junction in Cabinteely Village

The following Motion was proposed by Councillor Carrie Smyth and seconded by Councillor Niamh Bhreathnach: -

“That the Manager report on the plans to upgrade the junction in Cabinteely Village in light of the new development in Cabinteely Village because this junction is currently a bottle neck.”

The following report of the Manager was CONSIDERED:

The completion of upgrade works to the junction at Cabinteely Village requires land acquisition. The Council are not in a position to acquire these lands on Brennanstown Road at present.

There will be minor traffic improvement in the village consequent to the completion of the Foxrock to Bray Quality Bus Corridor. This scheme will prohibit a right turn for southbound traffic on the Cabinteely By-Pass at its junction with Johnstown Road to the village. This will facilitate improvements to pedestrian and traffic movements at the Cabinteely By Pass junction and through Cabinteely Village.

The new residential development is currently in progress and the developer is required to pay a contribution toward the cost of completing the Cabinteely Village Improvement Scheme. The prioritisation of the list of outstanding village improvement schemes is under consideration.

Following discussion the above report of the Manager was PUT and AGREED. Item No. 40 Lehaunstown Junction Upgrade

The following Motion was MOVED by Councillor Denis O’Callaghan and seconded by Councillor Niamh Bhreathnach WITHOUT DISCUSSION: -

“That the Manager report to this Area Committee all aspects of the proposed ‘Lehaunstown Junction Upgrade’ to include costings, reason for upgrade, land required etc.”

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

In the context of the recent changes in regional and local development policy it became apparent that the question of development to be accommodated on lands adjoining the South Eastern Motorway accessing through the Wyattville Link Road and the Lehaunstown Interchange needed to be addressed. Accordingly, a new scheme has been prepared to enhance the capacity of the Lehaunstown Interchange to accommodate the anticipated additional traffic demands generated by adjacent developments.

The scheme proposes to: -

Increase the capacity of the Interchange bridges to 3 lanes of traffic in

4 each direction, by providing an additional bridge over the M50 at the Lehaunstown Interchange with enhanced ramp widths; Upgrade the existing approved Interchange to a freer flowing signalised interchange; Provide access to lands adjoining the Wyattville Link Road which is located approximately mid way between the Lehaunstown Interchange and the Cherrywood Roundabout Provide traffic slip lanes and new signalling at the existing Cherrywood Roundabout on the Wyattville Link Road; Put in place a pedestrian overbridge over the Wyattville Link Road, on the south-western arm of the existing Cherrywood Roundabout;

Notices were placed in the public press advising of the making of a Motorway Scheme (‘Lehaunstown Interchange Motorway Scheme 2003’) (the scheme) and of the preparation of an Environmental Impact Statement (EIS) in respect of the scheme. These notices were published in the National Press on the 29 th August 2003 (making of the scheme) and the 30 th August 2003 (notice regarding the EIS). Notices were also published in a local paper on the 10 th September 2003.

These advertisements gave notice to the public of their statutory rights to make written submissions in relation to the EIS and to make written objections to the scheme. The notices also gave notice as to where the relevant documents could be inspected and the timeframe for submissions/objections. The Public Enquiry by An Bord Pleanala is scheduled for the 9 th December 2003 in the Kingston Hotel at 11 a.m.

The cost of the proposed scheme will be met in its entirety by the private developer of the adjoining development lands. However, a rough estimate of these works is in the region of €6m. The lands required for this scheme are all within the South Eastern Motorway Scheme and accordingly no further land acquisition is required. The scheme if approved, will be carried out as a variation of the South Eastern Motorway Contract. Item No. 41 Traffic Calming Measures – Castlebyrne Park The following Motion was MOVED by Councillor W. Dockrell and seconded by Councillor D. Marren WITHOUT DISCUSSION: -

“That the Manager immediately authorise the implementation of traffic calming measures (i.e. ramps) for Castlebyrne Park, Blackrock, Co. Dublin as per the express wishes of a number of residents in the estate, and in the interest of public safety.”

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

This estate is a cul-de-sac so would not be considered a priority for Traffic Calming Measures.

If motorists are speeding or driving dangerously the Gardaí is the appropriate authority to make representations to for enforcement action to be taken.

Item No. 42 Replacement of pavements on left hand side of Seafield Road

The following Motion was MOVED by Councillor Eoin Costello and seconded by Councillor Niamh Bhreathnach WITHOUT DISCUSSION: -

“That the Manager reviews the replacement of pavements on the left hand side of Seafield Road given that there are no pavements whatsoever on the opposite side of the road.”

5 The following report of the Manager, which had been circulated, was NOTED:

There are no immediate plans to provide new footpaths on the eastern side of Seafield Road. The possibility of obtaining funding from the Dublin Transportation Office in 2004 will be investigated.

Item No. 44 Resurfacing of Hammer Head at Beechpark Avenue The following Motion was MOVED by Councillor Chris O’Malley and seconded by Councillor Victor Boyhan WITHOUT DISCUSSION: -

“That provision be made for resurfacing of the Hammer Head at Beechpark Avenue (details supplied).”

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

The Area Engineer inspected this location and noted that while the road surface of the hammerhead had deteriorated it is not in need of resurfacing at present.

Should there be any further deterioration of this road surface, temporary repairs will be carried out as necessary, and it will then be considered for resurfacing, as part of the Area Engineers Programme of Works.

Item No. 46 Controlled Access between Seafield Court and Bayview The following Motion was MOVED by Councillor Donal Marren and seconded by Councillor Niamh Bhreathnach WITHOUT DISCUSSION: -

“That a report be presented on the operation of the controlled access between Seafield Court and Bayview.”

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

Following a public consultation process, consideration of submissions from the public and an Oral Hearing in November 2000, the Council at its meeting on the 9 th April 2001 approved of the closure on an ad hoc basis by the provision of lockable gates. The keys to the gates were to be provided to the residents of both estates by the Residents Associations who are responsible for the maintenance and operation of the system. The gates were erected in March 2002.

It was agreed at the meeting in November 2000 that the closure was to be reviewed at a later date to determine the effectiveness of these arrangements. The indicators are that the system appears to have been working satisfactorily with very few complaints from the public.

Most recently complaints were received in October of this year concerning new additional locks being put on the gates. The problem appears to have been a lack of communication between the residents regarding the new locks. The Seafield Residents Association has notified the Council that this issue has been resolved.

Item No. 50 Pedestrian Crossing at Silver Tassie

The following Motion was proposed by Councillor Carrie Smyth and seconded by Councillor Denis O’Callaghan: -

6 “That the Manager does not remove the pedestrian crossing and pedestrian lights from outside the Silver Tassie on the N11 until the pedestrian bridge is installed and the bus stop should not be removed.”

The following report of the Manager was CONSIDERED:

The approved scheme for the N11/Wyattville Interchange Project includes the pedestrian and cyclist crossing of the N11 at Loughlinstown to be separated from the mainline vehicular traffic by the D-loop bridge over the main route. The temporary pedestrian crossing at the Silver Tassie has now been removed and pedestrian access is via the new D-loop bridge, footpath and cycleway.

The N11 is a major national primary route and as part of the South Eastern Motorway Project, the Wyattville Interchange was approved as a grade separated junction on the N11. Prior to the South Eastern Motorway project, the Wyattville junction was a simple T-junction provided with at-grade pedestrian signal crossing where Wyattville Road meets the N11. The approved scheme has made provision to segregate conflicting movements whether vehicular or pedestrian on the N11. This is achieved through the Wyattville Viaduct, which is now fully operational. As mentioned above, the safe crossing of the N11 by pedestrians is achieved by directing all pedestrian crossings of the N11 to either the new Wyattville Bridge or to the Loughlinstown Hospital footbridge.

The discouragement of at-grade pedestrian crossing of the N11 is further achieved by the construction of a continuous median barrier in this section of the N11. In other words, the approved scheme offers a significant safety dividend to the extent that the pedestrian crossing of the N11 at road carriageway level is eliminated.

There is also a more important consideration, which means that a signalised crossing at Cherrywood Road cannot be accommodated. The characteristics of a slip road joining the mainline carriageway requires that there is full movement on both the slip road and the mainline so that vehicle safety and road capacity can be achieved. Where Cherrywood Road meets the northbound carriageway of the N11 is directly opposite the nose area of the on-ramp to the southbound carriageway and this nose area is where the existing temporary facility is located. A pedestrian crossing within 200m of the merge point would effectively compromise the operation of the junction.

In the meantime the completion of the carriageway works has removed the temporary crossing facility. Pedestrians are now using the new bridge to cross the carriageway with a minimal difference in the crossing time.

Following the decision of the Dun Laoghaire Area Committee at their last meeting the National Roads Authority have been requested to consider the construction of a footbridge over the N11 in the vicinity of the Silver Tassie Pub. Their response is awaited.

The northbound bus stop serving Loughlinstown Village and the Silver Tassie will be located adjacent to the Cherrywood Road/N11 junction.

Following discussion the report was NOTED. Re-entering of Transportation Business

It was AGREED to re-enter Item Numbers 43, 45, 47, 48 and 49 inclusive on the next Dun Laoghaire Area Committee Agenda (T&ED&P). Conclusion of Transportation Business

Transportation Business concluded at 6.20p.m. ECONOMIC DEVELOPMENT & PLANNING BUSINESS

Question Numbers 51 to 54 inclusive were ADOPTED and APPROVED.

HEADED ITEMS Item No. 55

Proposed disposal of land at Lanesfield House, adjoining Soldiers and Sailors Field, Monkstown Avenue, Monkstown Following discussion the report of the Manager was AGREED.

Item No. 56 Major Planning Applications

It was NOTED that there was no business for consideration under this heading. Item No. 57 Correspondence Ministerial/Departmental

It was NOTED that there was no business for consideration under this heading. Item No. 58 Other Correspondence

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

MOTIONS Item No. 59 Area Action Plan for the site/location of the Killiney Court Hotel The following Motion was proposed by Councillor Jane Dillon-Byrne and seconded by Councillor Chris O’Malley:-

“That this Planning Authority prepare an area action plan for the site/location of the Killiney Court Hotel, due to its important location geographically and scenically.”

The following report of the Manager was CONSIDERED:

Since the submission of this motion the Killiney Court Hotel has been debated and a decision made by the Elected Representatives to have a 0/0 zoning - “no increase in the number of buildings permissible” at this location in the draft County Development Plan. The Draft County Development Plan includes an objective to extend the Coastal Plan so that it covers the area from Sandycove to the Boundary with Wicklow County Council. As part of the brief for the preparation of this extended Coastal Plan area facilities that enhance the coastal amenity will be identified and assessed and where considered necessary objectives for the future enhancement or conservation of such amenities will be recommended. The adoption of the Coastal Plan will be the function of the Elected Representatives.

Following discussion the report was AGREED. Item No. 60 Camping and Caravan Park at Shanganagh Castle, Shankill The following Motion was proposed by Councillor Donal Marren and seconded by Councillor Eoin Costello: -

“That a camping and caravan park be provided on a portion of the lands at Shanganagh Castle, Shankill.”

The following report of the Manager was CONSIDERED:

8 In an effort to identify an alternative site in the Shankill area for a caravan and camping park, exploratory discussions have taken place with an interested party. Dun Laoghaire Rathdown Tourism Company has been liaising with the party concerned and indicating the procedures necessary to progress the project. Dun Laoghaire Rathdown Tourism Company is anxious to have a caravan and camping facility in the County. The lands at Shanganagh Castle have been purchased to facilitate a mixed residential development.

Following discussion the above report was NOTED and it was AGREED that the Manager bring a report back to this Committee regarding the provision of a camping site in or adjacent to Shankill in February. Item No. 61 Pre-Planning Meetings

The following Motion was proposed by Councillor Victor Boyhan and seconded by Councillor William Dockrell: -

“That the Manager report on the system in place and in operation by this Council in relation to keeping memos/minutes of all pre-planning meetings with developers and is there a different procedure in place for formal and informal meetings.”

The following report of the Manager was CONSIDERED:

In accordance with Section 247 of the Planning and Development Act 2000 formal consultations are available in relation to proposed development. A record of this meeting has to be retained and a copy of this record is required to be placed and kept with the documents to which any planning application in respect to the proposed development relates.

Informal meetings are also availed of by members of the public in respect to planning issues. These are held without prejudice to any future decision of the planning authority. There is no procedure in place for the keeping of memo’s /minutes of these meetings.

Following discussion the report was NOTED.

Item No. 62 Revocation of planning permission D03A/0270

The following Motion was proposed by Councillor Denis O’Callaghan and seconded by Councillor Victor Boyhan: -

“That this Committee consider revocation of planning permission D03A/0270 in accordance with the provisions of Section 44 of the Planning and Development Act 2000.”

The following report of the Manager was CONSIDERED:

This proposal at Aubreyville Shankill was for permission for the conversion and extension of existing two-storey mews type dwelling to form 4 number apartments and 1 number duplex apartment, and the construction of a three-storey building to contain 4 apartments with associated car parking, new road entrance, and ancillary site works.

When making the decision to grant permission it was on the grounds that an exemption cert had been granted and that therefore no requirement under part V should be attached. The details of this file have been forwarded to the Law Agent for consideration.

9 The response of the Law Agent will be brought back to the area committee when available.

I respectfully suggest that any decision by the Councillors in respect to this motion should await the response of the law agent.

Following discussion the report was NOTED. Re-entering of Economic Development & Planning Business

It was NOTED that there was no Economic Development & Planning business to be re- entered at the next meeting. Conclusion of Meeting

The meeting concluded at 7.10 p.m.”

The following report of Dundrum Area Committee (EHCCD&A) meeting held on 1 December 2003 which had been circulated, was NOTED:

C/10/04 Consideration of Report of Area Committee

“MEETING OF DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL

12 TH JANUARY 2004

ITEM NO. 2 (b)

Consideration of Report of Area Committee

Report of the meeting of the Dundrum Area Committee (Environment, Housing, Culture, Community Development & Amenities Business) held on 1 st December, 2003 at 5.00 p.m.

PRESENT

Councillors: Councillors: Cosgrave Louise Kelly Tony Culhane Aidan Matthews Trevor Elliott Mary Murphy Tom Horkan Gerry Saul Barry Joyce Tom

Apologies were received from Councillor M. Corrigan and Councillor P. Hand.

Councillor T. Matthews presided as chair of the Dundrum Area Committee.

OFFICIALS PRESENT

Mr Tom Mahon, Administrative Officer, Mr Richard Shakespeare, Senior Executive Officer, Ms Felicity Gill, Assistant Staff Officer, Joe Whittle, Senior Executive Parks Superintendent. Confirmation and Adoption of Minutes (a) Minutes of Meeting of Dundrum Area Committee (EHCCD&A) held on 6th October 2003 were CONFIRMED and ADOPTED. (b) Minutes of Meeting of Dundrum Area Committee (EHCCD&A) held on

10 3rd November 2003 were CONFIRMED and ADOPTED.

HOUSING BUSINESS Questions: Question numbers 2 to 3 inclusive were ADOPTED and APPROVED.

Ministerial / Departmental / Other Correspondence

It was NOTED there were no items for consideration under this heading.

CULTURE, COMMUNITY DEVELOPMENT & AMENITIES BUSINESS.

Questions:

Question numbers 5 to 17 inclusive were ADOPTED and APPROVED.

Ministerial / Departmental / Other Correspondence

It was NOTED there were no items for consideration under this heading.

Motions:

Marley Court & Marley Grange Residents

“That the Manager on behalf of Marley Court and Marley Grange Residents Association carries out the following works in Loreto Park: (i) Thin out and cut away the undergrowth and clean up the litter around the trees on the Barton Road Extension boundary of the Park; (ii) Thin out and cut away the undergrowth and clean up the litter around the trees from the Marley Court entrance to Loreto Park to the Nutgrove Shopping Centre exit from the Park because of anti social behaviour and in the interest of pedestrian safety; (iii) To provide lighting along the path from the Marley Court entrance to Loreto Park, to the Nutgrove Shopping Centre exit from the Park because of anti social behaviour and in the interest of pedestrian safety; (iv) To complete the surface works on the path from the Marley Court entrance to Loreto Park, to the Nutgrove Shopping Centre exit from the Park in the interest of public safety (v) To create an opening in the railing where the footpath from the Marley Court entrance to Loreto Park to the Nutgrove Shopping Centre meets the railing at the exit from the Park at the Nutgrove Shopping Centre exit; (vi) Thin out and cut away the undergrowth and clean up the litter around the trees along the cycle track boundary of the park from Barton Road Extension to the first entrance to Loreto Estate because of anti social behaviour and in the interest of pedestrian safety.”

The report of the Manager was READ and CONSIDERED. Following a discussion the Motion was PUT and AGREED.

Dun Emer Residents

“That the Manager report the progress to date in relation to the very reasonable requests by Dun Emer Residents at the Deputation Meeting in September for the development and maintenance of the green space at Dun Emer Park.”

The report of the Manager was READ and CONSIDERED.

Following a discussion the Motion was PUT and AGREED.

RE-ENTERED BUSINESS

It was AGREED to re-enter Item No. 21 for the next Dundrum Area Committee Meeting, Environment, Housing, Culture Community Development & Amenites.

Marley Court Residents Association

“That the Manager on behalf of Marley Court Residents Association carries out the following works: (i) To remove the boulders and low-level wall on the verge at the entrance to Marley Court North and Barton Road Extension as the original requirement for them has been solved, the area including the entrance to Marley Court itself is unsightly and the grass verges and kerb need to be repaired, restored and reseeded; (ii) The climbing plants, which border the road and the perimeter wall of Marley Court North, need to be secured before the Winter storms destroy them; (iii) The trees which border the side of the estate between Marley Court North and South and the Dargle River need to be thinned out, as they have become a haven for serious anti social behaviour. Residents have reported having found knives, balaclava, broken bottles, cans and drug related materials at this location and the area has become a no-go area; (iv) To arrange for regular litter picks and road sweeping to be carried out all around this area to maintain its appearance; (v) To install a barrier on the pedestrian bridge, which connects Marley Grange Estate with Marley Court to eliminate the problem of motorcyclists etc. speeding through this location; (vi) To reseed the green areas around the entrance to Marley Court South where necessary; (vii) To replace damaged trees on Barton Road Extension and to secure and straighten existing trees where necessary.”

The report of the Manager was CONSIDERED. Following a discussion the Motion was PUT and AGREED.

Marley Grange Residents Association

“That the Manager outlines clearly the progress if any with regard to the reasonable requests by Marley Grange Residents Association at the deputation meeting in September 2003 and in particular to Items 1 and 4 on the Agenda.”

The report of the Manager was CONSIDERED.

Following a discussion the Motion was AGREED.

ENVIRONMENT BUSINESS

Ministerial / Departmental / Other Correspondence

It was NOTED that there were no items for consideration under this heading.

Conclusion of Meeting. ”

12 C/11/04 Questions

It was proposed by Councillor L. Butler seconded by Councillor B. Lowe and RESOLVED:

“That pursuant to Standing Order No. 105 question numbers 3 to 17 inclusive be APPROVED and ADOPTED.

C/12/04 FIRE DRILL

Question: Councillor N. Bhreathnach “to ask the manager to organise a practiced evacuation of the council chamber by officials and councillors in the interest of safety, in view of the fact that no emergency evacuation has taken place since this council has been formed?”

Reply: Fire drills are and will continue to be held regularly in the county hall, as part of this continuing process an evacuation of the council chamber will be carried out. Evacuation procedures have been issued to everyone. To summarise these, in the event of the fire alarm sounding the county hall must be evacuated immediately in a safe and orderly manner, the lifts should not be used and the instructions of the fire marshals or the porters on duty must be followed. The meeting point for those who have evacuated the building is to the side of st michaels church at the corner of marine road and eblana avenue where people should stay until the all clear is given to re-enter the building.

C/13/04 HIGHER EDUCATION GRANTS

Question: Councillor N. Bhreathnach “To ask the Manager to respond to criticism of the administration of the third level maintenance grants scheme by this Council where this year’s scheme was not paid until 10 November, causing hardship for the students and parents of qualifying applicants, while other County Council’s managed to deliver their schemes in September?”

Reply: The Higher Education Scheme is issued by the Department of Education each year and the current scheme, which covers the period 2003 to 2004 was approved by the Council at the September 2003 meeting.

In order to ensure compliance with audit requirements an updated version of the Higher Education computer package had to be installed in 2003. In addition to the time involved in staff familiarising themselves with the new software there were a number of technical problems with the package itself leading to delays in processing payments. The problems have now been resolved and payments are being processed as quickly as possible. Delays also occurred where applicants failed to submit full details with their grant applications or where they had to be asked for clarifying documentation etc.

To date 567 new applications have been made and 421 applications for renewals in relation to the 2003/2004 academic year. Of these, 848 applications have been assessed, 140 were ineligible and 614 have received their first maintenance cheques. The delays experienced in processing the first maintenance cheques should not occur for the second and third maintenance payments.

C/14/04 CUSTOMER CHARTER

13 Question: Councillor V. Boyhan “To ask the Manager to arrange to have additional copies of the Customer Charter printed and made same available in the public office as there has been none available for some considerable time?” Reply: A new Customer Services Plan, which incorporates the Customer Charter is scheduled to be updated and published this year. In the meantime, copies of the current Customer Services Plan are available at the Information Desk in the County Hall and in the Dundrum Office.

C/15/04 BLACKROCK LIBRARY

Question: Councillor V. Boyhan “To ask the Manager to provide financial figures for the fitting out of the Blackrock Library and to confirm what provisions were made as part of the 2002 Council Budget in this regard?” Reply: No provision was made for the fitting out of the Blackrock Library in the 2002 budget or in any recent budget.

As it is understood that there will be no development of the overall Blackrock Townhall VEC project until at least 2005 no exact figures have been prepared or submitted for the fitting out of the library. However the overall cost of fitting out and bookstock would be in excess of one €1m.

C/16/04 COUNCIL'S COMMITMENTS TO PAVILION THEATRE

Question: Councillor V. Boyhan “To ask the Manager for a financial statement on the Council's commitments to the Pavilion Theatre?”

Reply: The Pavilion Theatre Management Company Limited is responsible for the management of the Pavilion Theatre.

In the Estimates 2003 a provision of €190,500 was provided as a contribution for the running of the Theatre. This was paid over to the Pavilion Theatre Management Company Limited in two instalments - €100,000 paid on the 27 th March 2003 and €90,500 paid on the 22 nd October 2003.

C/17/04 CORPORATE POLICY GROUP

Question: Councillor V. Boyhan “To ask the Manager to arrange to have a report brought to the Council on the work of the corporate policy group for the year 2003 and to indicate a date for same?”

Reply: The Corporate Policy Group during the past year represented the County Council at meetings of the County Development Board and its various sub committees. The Corporate Policy Group also met to consider the draft Budget for 2004.

C/18/04 COST OF BENCHMARKING OBLIGATIONS

14 Question: Councillor V. Boyhan “To ask the Manager to provide a statement on the cost of meeting the Council's benchmark obligations and to indicate the full sources of income to meet this obligation?”

Reply: The estimated cost of meeting the benchmark payments for 2004 will be in the order of €4.4m (€2.9m due in 2004 and the knock on of €1.5m from the earlier phase).

Benchmark costs, like most other costs, are funded primarily from the Local Government Fund, Commercial Rates and Service Charges. The Council’s allocation from the Local Government fund for 2004 is €32,523,100 representing an increase of 11.7% or €3.4m on the 2003 allocation

C/19/04 HIGHER EDUCATION GRANTS

Question: Councillors B. Coffey and L. Butler “To ask the Manager to report to the Council on the delays in paying the H.E.G. grants to students?” Reply: The Higher Education Scheme is issued by the Department of Education each year and the current scheme, which covers the period 2003 to 2004 was approved by the Council at the September 2003 meeting.

C/20/04 SUSTAINING PROGRESS / BENCHMARKING COSTS

Question:Councillor E. Costello “To ask the Manager to give an estimate of the individual estimated cost to Dun Laoghaire Rathdown County Council in 2004 arising from the payment of : (a) the benchmarking increase due on 1 January 2004, as outlined in Sustaining Progress; (b) the 3% general pay increases outlined in Sustaining Progress; (c) any other pay increases anticipated to groups not covered by the Sustaining Progress agreement?”

Reply: The estimated costs in question are as follows: (a) €2.9m (b) €2.3m (c) NIL (no increases are anticipated outside of the sustaining progress

15 agreement)

C/21/04 ESTIMATE OF INCREASES

Question: Councillor E. Costello “To ask the Manager to give an estimate of the amount of these increases which the City/County Manager anticipates will be provided by the Department of the Environment, Heritage & Local Government in its allocation to Dun Laoghaire Rathdown County Council in 2004?”

Reply: Most expenditure items, like payroll costs, are funded primarily from the Local Government Fund, Commercial Rates and Service Charges. The Council’s allocation from the Local Government Fund for 2004 is €32,523,100 representing an increase of 11.7% or €3.4m on the 2003 allocation.

Funding from any income source, such as the Local Government Fund, is not designated to cover specific costs and is applied generally across the eight expenditure programme groups. It is not possible therefore to determine precisely the Local Government Fund contribution to payroll costs. However, it is abundantly evident that without the increase in the Local Government Fund to address payroll increases, the Council would have faced a serious curtailment in services.

C/22/04 IMPROVEMENTS IN PUBLIC SERVICE

Question: Councillor E. Costello “To ask the Manager to give a detailed list of the improvements in public services which will arise in 2004 directly from the payment of the benchmarking or related awards?”

Reply: The payment of the benchmarking pay increases is dependent on a performance verification process. Local Authorities are assessed by the Local Government Sector Performance Verification Group (P.V.G.), appointed by the Government. The P.V.G. required an interim progress report from each Local Authority by 17 th October 2003. The progress report for Dun Laoghaire Rathdown, in the format agreed nationally through the Local Authority National Partnership Advisory Group (L.A.N.P.A.G.) was forwarded to the P.V.G. on 17 th October 2003.

L.A.N.P.A.G. prepared a progress report on the Local Government Sector which was forwarded to the P. V. G. in November 2003. Following the submission of the progress reports from each Local Authority and the sectoral report from L.A.N.P.A.G. the P.V.G. reported to the Secretary General of the Department of the Environment, Heritage and Local Government, who has decided that the progress achieved by Local Authorities warrants payment of the next phase of the increase. Arrangements are being made to have the increase paid shortly.

Copies of the Dun Laoghaire Rathdown progress report and the sectoral report from L.A.N.P.A.G. are available at the meeting, and also at the Local Government Management Services Board website- w.w.w.lgmsb.ie

C/23/04 NUMBER OF HOUSEHOLDS SERVICED BY DLRCC

Question: Councillor E. Costello

16 “To ask the Manager to give an estimate of the number of households in the Dun Laoghaire Rathdown County Council area to which the Council provides service, and the aggregate value of all user or service charges from individuals or households estimated to be raised in 2003?”

Reply: The Council provides a wide range of Social, Recreational, Environmental and Infrastructural services, which are availed of, to some degree, by all households in the County. The number of households in the County, including urban and rural households, is 70,400 (approx.).

Virtually all households are supplied with water, waste water and domestic refuse services and enjoy services such as roads, public lighting and public cleansing. Other services, such as library, recreational and fire services, are availed of by some households.

In the area of household accommodation the Council provides social housing for those households who are unable to do so from their own resources and provides assistance in the form of loans and grants to households for the improvement or provision of accommodation.

There are currently 3,930 rented houses which are expected to yield a rental income of €8.8m for 2003.

The only other charge payable by individual households, for mainline services, is the Environmental Waste Charge. This will yield an income of €13,500,000 approx. for 2003 covering the provision of a range of environmental services including the collection of domestic refuse from 64,700 households.

C/24/04 NUMBER OF BUSINESSES PAYING BUSINESS RATE

Question: Councillor E. Costello “To ask the Manager to give an estimate of the number of businesses in the Dun Laoghaire Rathdown County Council area which currently pay business rates, and the aggregate value of rates estimated to be collected in 2003?”

Reply: (a) The number of businesses currently paying commercial rates is 5135 (b) It is estimated that rates in the sum of €57,125,400 will be collected in 2003.

C/25/04 Planning Levy Funds

Question: Councillor T. Murphy “To ask the Manager that in applying funds raised by way of planning levies to provide amenities, priority should be given to local projects which address any of amenities in the ward area in which the levies have been imposed?”

Reply: At present funds generated for amenity provision via planning levies are generally expended from the area from which they are generated. Specific projects on major public open spaces / parks are funded in this manner.

C/26/04

17 HIGHER EDUCATION GRANTS

Question: Councillor T. Murphy “To ask the Manager to put in place some measures to expedite the early payment of maintenance grants for third level students?”

C/27/04 Conferences

The following conferences, copy of which had been circulated to Members, was CONSIDERED:-

(a) “UCC Business Conference 2004, “From Theory to Practice: The Reality of Irish Business?”, Jurys Hotel, Cork, 15 th January (b) Association of Municipal Authorities of Ireland, Spring Seminar 2004, The Holiday Inn, Letterkenny, Co. Donegal, 13 th – 14 th February (c) “Our Tourism: New Opportunities or New Threats?”, The Dunadry Hotel & Country Club, Muckamore, Dunadry, Co. Antrim, 27 th – 29 th February (d) “The Clonmel Conference – A Healthy Debate”, Slievenamon Golf Club/Fairways Restaurant, Clonmel, Co. Tipperary, 5th – 6 th March (e) The Duhallow Conference, A Four Day Seminar, Duhallow Park Hotel, Killarney Road, Kanturk, Co. Cork, 5 th – 8 th March (f) Association of Health Boards in Ireland, Annual Conference 2004, The Bridge House Hotel, Tullamore, Co. Offaly, 26 th – 27 th March (g) Local Authority Members Association, 21 st Annual Conference, West County Hotel, Ennis, Co. Clare, 15 th – 16 th April”

It was AGREED that the County Council be represented at conferences (a) to (g) above.

C/28/04 Approval of Nominations

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

“Approval of the Council is now sought in respect of the attendance of the delegates listed hereunder at the following approved conferences:

Local Government Anti-Poverty Network, The Hodson Bay Hotel, Athlone, Co. Westmeath, 26 th – 27 th November, 2003

- Councillor Eoin Costello - Councillor Tony Kelly

General Council of County Councils, “Introduction to Local Government”, Tullamore Court Hotel, Tullamore, Co. Offaly, 12 th December, 2003

- Councillor William Dockrell - Councillor Tony Fox - Councillor Pat Hand - Councillor Gerry Horkan - Councillor Tony Kelly - Councillor Barry Saul”

C/29/04 Filling of Vacancies on the Organisation, Procedure & Protocol Committee owing to the death of Councillor Vincent MacDowell, R.I.P. and the resignation of Councillor Barry Andrews from the Council

The following report of the Manager copy of which had been circulated to the members was CONSIDERED.

“Two vacancies have arisen in the membership of the Organisation Procedure & Protocol Committee occasioned by the death of Councillor Vincent MacDowell, R.I.P. and the resignation of Councillor Barry Andrews from the Council.

The current members of the Committee are Councillors Victor Boyhan, Larry Butler, Betty Coffey, Louise Cosgrave, Eoin Costello, Aidan Culhane, William Dockrell, Mary Elliott, Pat Hand, Tony Kelly, Tom Murphy, Denis O’Callaghan, Carrie Smyth and An Cathaoirleach, Trevor Matthews (ex-officio).”

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

“That Councillor K. Ireland be appointed to fill the vacancy on the Organisation, Procedure & Protocol Committee created by the death of Councillor V. MacDowell R.I.P.”.

It was proposed by Councillor L. Butler and seconded by Councillor B. Coffey and RESOLVED: “That Councillor B. Lowe be appointed to fill the vacancy on the Organisation, Procedure & Protocol Committee created by the resignation of Mr Barry Andrews”.

C/30/04 Section 48 Draft Contribution Scheme

The Manager stated that a special meeting had been arranged to discuss the Draft Development Contribution Scheme, to be held on the 21 st January from 5pm to 8 pm, this was AGREED. A summary of the submissions received and the Consultants report were circulated to the members.

DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL DRAFT DEVELOPMENT CONTRIBUTION SCHEME 2003 Section 48, Planning and Development Act, 2000

19 MANAGER’S REPORT TO COUNCIL UNDER SECTION 48 (6)

A. INTRODUCTION Under Section 48 of the Planning and Development Act 2000 planning authorities must draw up a development contribution scheme in respect of public infrastructure and facilities provided by, or on behalf of the local authority that benefit development in its area. The scheme must be adopted by 10 March 2004.

Under the Dun Laoghaire-Rathdown County Council Development Contribution Scheme 2003, ("the Scheme"), the Council when granting a planning permission will include conditions requiring the payment of a contribution.

The contribution is in respect of "public infrastructure and facilities" (benefitingdevelopment in Dun Laoghaire-Rathdown), which are provided or are to be provided by the Council, or on its behalf.

The contributions payable under the Scheme will help to fund the capital costs of a wider range of public infrastructure and facilities when compared to the extent of the levies imposed under the 1963 Act. These levies which have helped to fund roads, water and drainage and parks over the past decades, are being replaced by contributions under the Scheme. Under the Scheme, the three classes of public infrastructure and facilities, which are provided or are to be provided by the Council are: Class 1 : Community and Parks facilities and amenities, Class 2 : Roads infrastructure and facilities, Class 3 : Water and drainage infrastructure and facilities.

The Scheme sets out the basis for the determination of the contributions which are payable.

The Scheme indicates the amount of the contribution per unit of residential development and per square metre of industrial/commercial class in respect of the different classes of public infrastructure and facilities, which are provided by the Council, or on its behalf.

In the Study which established the basis for the Scheme, the actual estimated cost of providing the classes of public infrastructure and facilities was taken into account. However, the cost of any benefit, which accrues to existing development, is not included in the basis for determining the contributions.

The Planning and Development Act, 2000 states that "public infrastructure and facilities" means -

(a) the acquisition of land, (b) the provision of open spaces, recreational and community facilities and amenities and landscaping works, (c) the provision of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains and watermains, (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for these facilities) infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures,

20 (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking spaces, sewers, waste water and water treatment facilities, drains or watermains, and (f) any matters ancillary to paragraphs (a) to (e)".

Particular care was taken in the Study to ensure that the Scheme is reasonable and fair, that there will be no double charging, that the Scheme is compatible with the Government’s water pricing framework and that the Scheme complies with Section 48 of the Planning and Development Act 2000.

As contributions are collected, the monies will be apportioned to the three classes of public infrastructure as indicated in the Scheme. Review of the Scheme

It is proposed that the Scheme will be implemented early in 2004. The cut- off year for the end of the Scheme is 2009. A new Scheme will have to be made by then at the latest.

While the Scheme is for the period to 2009, it is intended that it be reviewed at 2-3 year intervals at least. This Review will allow for the examination of the Scheme in the light of prevailing circumstances. It will take into account, inter alia, any revised programme of capital projects, any new objectives in County or Local Area Plans, updated cost estimates and the availability of other funding.

B PROCESS

The County Manager’s Report advised County Council members at the October 2003 Council meeting that a Draft Development Contribution Scheme under Section 48 of the Planning and Development Act 2000 was being prepared for public display. Following discussion, and responses to Member’s queries the report was agreed.

Notice of the making of the Draft Scheme was published in the Irish Independent and the Irish Times on Friday 17 October 2003.

A copy of the Draft Development Contribution Scheme and an explanatory memorandum was available for public inspection at the Planning Department Public Counter at County Hall, the Dundrum Office, Council’s Libraries and on the Council web site. A copy of the Draft Scheme and explanatory memorandum was also circulated to Council Members and to the Minister for the Environment, Heritage and Local Government. Submissions or observations with respect to the Draft Scheme were accepted up to close of business on Friday 28 November 2003.

The Manager is required, four weeks following receipt of submissions, to prepare a report on the submissions received and to submit same to the Council. This is that report.

The Act provides that the scheme shall be made six weeks after the receipt of the Manager’s Report, unless the Council decides by resolution to vary or modify the scheme, otherwise than as recommended in the Manager’s Report or otherwise decides not to make the scheme

C BASIS FOR THE SCHEME

21 The basis for determining the contributions payable under the Scheme was established by a Study undertaken by consultants, with input by senior Council staff in various departments. The consultants were Deloitte and Touche, HKR Chartered Town Planners, Peter Bacon & Associates and Douglas Hyde & Associates.

The development contributions payable per unit or square metre of new development (residential class and industrial/commercial class) were determined by dividing the net costs of the projects for the years to 2009 by the number of residential units and the aggregated floor area in square metres of projected development in the years to 2009

The various public infrastructure and facilities projects were categorised into the various classes as follows: Class 1 Community and parks facilities and amenities Class 2 Roads infrastructure and facilities Class 3 Water and drainage infrastructure and facilities.

Each proposal had to satisfy specified criteria. The estimated capital cost of each project was analysed by year and the class of development benefiting from the project. Where projects benefit multiple classes (that is both residential and industrial/commercial) the costs were allocated to these based on projected development potential. The costs related to the classes of infrastructure and facilities were determined by aggregation of the costs of the projects. Adjustment of gross capital costs

The full gross capital costs (analysed by year of expenditure) could not be included in the Scheme and considerable adjustments were required. The following factors were taken into account

› Existing development discount

The legislation requires that the benefit of public infrastructure and facilities to existing development must be excluded from the draft Scheme. This discount means that where the percentage benefit to existing development is high, then the level of cost collectable from the Scheme is proportionately low.

› Water Pricing

The Council is required under the Government water pricing framework to introduce (over the period 2004 to 2006) a comprehensive system of charging the non-domestic sector for water and wastewater services. This system must be fully in place by the beginning of 2007. Considerable work by the consultants and Council staff has ensured that the Contributions Scheme is compatible with the non-domestic users water pricing scheme being introduced. The scheme is devised in a way to preclude any possibility of double charging. Extent of projected development

The initial step in this phase of the Study was the assessment of the potential of undeveloped lands zoned for development in the current Development Plan as well as the likely intensification and redevelopment of infill and underused sites. The second step was an assessment of the likely uptake for both residential and non-residential development of the lands with development potential. The quantum of residential development taken

22 for the purposes of the Scheme excludes the projected number of social housing units including those units likely to be provided under Part V of the Act and those provided by voluntary and co-operative housing bodies.

Funding costs (interest)

It is likely that the collection of contributions under the Scheme will not match the funding requirements for project implementation. To deal with this, and with delays in collecting sufficient contributions to initiate a project, a provision for funding costs (interest) is included in the Scheme.

Determination that Scheme is fair and reasonable

Consideration was given in the Study on how the aggregation and other processes in the formulation of the Scheme will impact on a range of criteria. These criteria include fairness, avoidance of double charging, allocative efficiency, etc.

D. SUBMISSIONS/OBSERVATIONS

Submissions received

The closing date for receipt of submissions/observations was Friday 28 November 2003. Twelve (12) submissions were received (see Table below).

(Names & Addresses withheld)

Issues/Concerns/Observations raised (in bold) & Responses to issues raised

1. The Minister for the Environment, Heritage and Local Government indicated that the Scheme was welcome and timely and appeared to be fully compliant with the statutory requirements of Section 48 (of the Planning and Development Act 2000), and with advice given in Circular letter PD 4/2003.

Noted.

2. It was queried how the levy was apportioned to each of the three different classes

The costs of infrastructure provision were calculated for each of the three classes and a pro rata rate was used. Thus if roads infrastructure cost 38.99% of the overall total then 38.99% of the levy would be given to this class.

3. It is submitted that a list of projects that will be carried out, or it is intended will be carried out, during the life of the Scheme must be part of the Scheme. (A full schedule of infrastructure and facilities in each class and details of the cost estimate in each case should be provided.) Strict targets and delivery dates for projects to be implemented need to be set out

The legislation allows DLRCC to collect contributions in respect of public infrastructure and facilities projects which are defined in the Act. The Act does not require the Council to set out the specific projects and their associated costs as part of the Scheme. DLRCC in conjunction with the

23 Consultants sought to identify projects that qualify for inclusion in the Scheme and to estimate the level of contribution that would be required to fund the projects. It is anticipated that these projects will be completed utilising funds raised by the Scheme.

4 There is no indication of the development programme for completion of infrastructure works.

Section 48 (14) of the Act provides as follows: - (a) Money accruing to a local authority under section be accounted for in a separate account, and shall only be applied as capital for public infrastructure and facilities. (b)A report of a local authority under Section 50 of the Local Government Act, 1991, shall contain details of monies paid or owing to it under this Section and shall indicate how such monies paid to it have been expended by any local authority (i.e. the Annual Report of the Local Authority).

5. The draft Scheme does not include financial data to show how the costs related to the classes of infrastructure and facilities were determined by aggregation of the costs of the projects.

The aggregated lists of costs are available for Council.

6 It is not clear to what extent the infrastructure facilitates development.

It is very clear that the types of infrastructure set out in Annex 2 of the scheme such as water and drainage schemes, road improvement schemes, parks and leisure developments etc. will facilitate new residential, industrial and commercial developments

7. Concern was expressed regarding the potential significant additional costs that will be associated with any development work covered by the levy. Following increases in other costs – energy, local authority rates, regulatory compliance costs, insurance, etc. – this levy presents a further cost burden to the industry and will impact on national competitiveness. It will also ‘dampen’ demand for new construction development. The cost would ultimately be borne by the end user.

While it might be argued that the additional contributions are most likely to be passed on to end users, the extent of any negative impact on residential and commercial/industrial land is difficult to gauge. In judging the significance of any price effect consideration would need to be given to the impact of the benefits of the investments, which the contributions are financing, on demand. When these are taken into account it seems doubtful if there would be any in terms of affecting the location of demand, especially as a similar contribution scheme applies to all four Dublin authorities. Furthermore the provision of the infrastructure and facilities will raise the value of the property.

8. Details to be provided of rates levied by other Dublin Authorities, Wicklow, Kildare and Meath.

COUNTY Residential House Industrial/ Scheme Development Extensions Commercial Approved €/residential €/m 2 of floor development Y/N unit area €/m 2 of floor area Dublin City 11 500 N/A 110 Y DL-Rathdown 11 500 100 100 N Fingal €140 per sq.m., c. €19,863 Kildare Meath South Dublin €10,500 €75 Y Wicklow €140 per sq.m. €140 €92 N c.€17, 500

9. The scale of increase is considered excessive and ‘penal in effect’ – e.g. from €7,200 or €7,900 to €11,500 for a residential unit equates to increases in the order of 45%-60%, while the rate of increase for commercial developments will increase by between 35% and 100%. This rate of increase outstrips the rate of inflation or cost indices in the construction industry.

The Scheme is based on best projections of proposed development likely to be achieved and on projected investment in infrastructure required to serve that projected development. It is not related to rates of inflation but costs of projects. 10. Industrial and commercial undertakings already pay significant commercial water charges, and in so doing subsidise water service provision for domestic purposes. The industrial and commercial sectors are already levied with an annual rates demand in respect of the provision and maintenance of roads within DLRCC

Government legislation excludes water charging for domestic users. It is only new industrial and new commercial developments that will pay the new charges. Existing industrial or commercial enterprises will not be subject to new development charges unless of course they expand and create new developments.

11. The rates of contribution devised in the Scheme are heavily weighted in favour of commercial development and will undermine residential development.

A straight comparison of the costs using square metres as the basis of comparison indicates that the greater level of cost is being borne by residential developments. This however does not take into account the fact that more of the projects will benefit residential developments compared to commercial developments e.g. community and parks projects. On this basis, it would appear fair that residential developments should contribute relative to the benefits being gained.

12. The Scheme needs to be more specific in relation to the price index used. It is suggested that the CSO wholesale price index for construction be used.

It is proposed that the Wholesale Price Index – Building and Construction (Capital Goods) as published by the Central Statistics Office be used as the

25 method of indexation of the Scheme.

13. The Scheme will have the effect of increasing the price of a starter home by 2%. The Draft Scheme constitutes in effect the introduction of a form of subsidising rates on house buyers, particularly first time buyers.

The difference between the existing residential contribution at €7,900 and the new residential contribution at €11,500 is €3,600 which represents 1.2% of the average sale price (€295,158) of a new dwelling in the Dublin area in the third quarter of 2003 while the benefits arising from investment by the planning authority in new infrastructure adds significant value to new and existing houses.

14. The draft Scheme predicts residential development of 12,800 residential units (and 203,500m 2 of industrial/commercial development) up to the year 2009. This is an average annual supply of 2,133 residential units (and 33,917m 2 of industrial/commercial development). It is suggested that this level of residential supply is low , i.e. the level of private housing in DLRCC will be in excess of the projection of 12,800 new residential units in the period to 2009. It was queried how the projected number of residential units was calculated. The projected demand appears to be less than the development potential. How was the demand estimated? No detail is provided regarding the extent of potential development.

Housing need is set out in the Council’s adopted Housing Strategy to the end of 2010. Eliminating all social housing from this housing need figure leaves 12,800 for the period to 2009.

15. It is suggested that the amount to be contributed on any new residential development be based on the size of the residential unit rather than implementing a fixed cost per unit. The use of a fixed cost in effect penalises those developing a smaller sized unit.

While this was considered it was decided that as the contribution is only a contribution, i.e. not the full cost of the infrastructure/facilities, it was equitable that each unit should attract the same level of contribution as they were benefiting equally from the projects. People in small units do not use less road space or less park space. In examining core cost elements, it was considered that the variation in residential sized units was not sufficient to generate different rates.

16. The Scheme is heavily weighted against high-density development (particularly residential), is not cost neutral and favours commercial development and higher income sectors in society. The Scheme as proposed would result in higher density development in effect subsidising low-density suburban style development. As proposed, the Scheme standardises contribution costs between areas thereby favouring dispersal and the uneconomic use of land. This does not support a sustainable land use strategy.

Different contribution rates for different parts of the area was considered as part of the development of the Scheme however, it was not recommended for the following reasons

(a) While many of the services required for developments are in place in most urban/town centre locations as opposed to some greenfield sites, the costs of providing new services to greenfield sites are roughly comparable with

26 the costs of enhancing services for new developments in town centre locations. For this reason, it was considered appropriate that all developments of similar type should pay the same level of contribution under the Scheme. (b) Administratively, it is easier to have a single rate for the different categories across the entire county.

17. The Scheme should formally provide for set–offs in relevant cases. Investment by developers in public infrastructure should be off-set against contributions.

The legislation makes provision for offsets and present arrangement for “offsets” will continue to apply. Section 34(4)(m) provides as follows:- "A Planning Authority may impose conditions for requiring the provisions of roads, including traffic calming measures, open spaces, car parks, sewers, water mains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities"

18. There is no clarification regarding how the contribution levy was calculated/derived. No supporting information is provided by the Council to justify the quantum of levy sought – there are thus queries over the reasonableness of the Scheme. The Scheme should allow for full independent verification of all costings for the benefit of all stakeholders.

The basis by which the Scheme has been developed has been explained in detail.

19. Past provision of public infrastructure cannot be included for determining the level of contributions.

Section 48(1) provides for the payment of a contribution in respect of “public infrastructure and facilities benefiting development in the area of the Planning Authority and that is provided or that it is intended to be provided by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities)”.

20. There must be sound numerical basis for calculating the discount for existing development. It is noted that no details are given as to how the discount for the benefit of existing development was calculated.

The calculation of existing development discount for projects was based on a review of the specific projects, on which the Scheme developed was based, discussions with Council staff involved in the projects and overall qualitative judgement. In general terms, the level of cost attributed to the Scheme related to the level of benefit, which the specific project would provide to new versus existing developments. This resulted in a greater portion of the cost being attributed to the Scheme where the project was an enhancement of an existing asset e.g. widening of a road, upgrade of water pipes etc. For new projects, the levels of existing development in the surrounding area was considered when considering the level of discount included.

21. Clarification is required as to how the contribution requirement for

27 residential water and drainage projects can be reconciled with Government funding arrangements.

In determining the level of contribution required from developments to facilitate the provision of the necessary water/drainage infrastructure to service that development, allowance was made for the other sources of funding available. These include Government/E.U. funding, contributions paid or payable on foot of existing planning permissions granted under the Planning and Development Act 1963 and the introduction of the Water Pricing Policy. The amount to be raised by way of Section 48 contributions is derived from the estimated cost of the works to be carried out less the estimated amount of funding arising from other sources and an allowance for the benefits to existing developments arising from the provision, refurbishment and/or enlargement of the infrastructure.

22. The major contributor to infrastructure costs is roads infrastructure. There is a case that a significant element of the costs making up the contribution should not be included in the scheme costing.

All the benefits that accrue to existing residents from new road proposals have been excluded from the scheme. In some cases this is significant. Only new developments (and new residents) carry the cost of the new non- national roads.

23. The Consultant’s report for DLRCC was not made available for inspection. It is felt that it is thus impossible to comment on many of the proposals contained in the draft Scheme, and that the Scheme cannot be considered transparent due to the significant lack of information. Further, it is considered that the unavailability of such information represents a breach of subsection (2) Section 48 of the Act and will, if not addressed, invalidate the Scheme.

The proposed contributions scheme is not in breach of Section 48 (2) which does not contain any reference to a consultant’s report. 24. Scheme does not include an indication of the proportional breakdown between existing and future users.

Existing users have been excluded, thus for recreation and library users, in some instances only 20% of the cost of the proposal is charged to new residents, the 80% benefit to the existing population is not charged.

25. Assurances are sought that the monies would be used for the purposes provided for. Developers would need clarity as to what the levy money would be spent on, when it would be spent and whether it benefits their development proposals.

The Act stipulates how the Local Authority must account for the contributions that are to be collected and reported on this in its Annual Report. An appropriate accounting system will be in place at the commencement of the scheme.

26. It is submitted that a rate of approximately 2.5% would be appropriate for the cost of funding. The Scheme as presented, does not say what rate has been included for the cost of funding. The Draft Scheme fails to indicate the amount of the interest rate applied. It is suggested that the European Central Bank (ECB) rate plus 0.3% be adopted.

28 The cost of funding the infrastructure has been included in the overall costs where appropriate. The inclusion of funding costs is prudent as it recognises the likely timing difference between the expenditure on projects and the collection of funds under the Scheme. The vast majority of any funding costs on these projects will be borne by Council and funded by sources of funds other than the Scheme. Neighbouring counties have used the same figure of 6% as this county.

27. If Council was to impose a special contribution under Section 48, there is no certainty that a form of double counting would not arise, i.e. projects being paid under the normal Section 48 scheme, as opposed to a special contribution.

Section 48 (2) (c) provides as follows “a Planning Authority may in addition to the terms of a scheme require the payment of a special contribution in respect of a particular development where specific costs not covered by a scheme are incurred by any Local Authority in respect of public infrastructure and facilities which benefit the proposed development”. If there are concerns regarding special contribution amounts, it should be noted that conditions imposing special contributions may be appealed to An Bord Pleanāla.

28. DLRCC does not propose to credit funding for other sources (e.g. EU, Exchequer Funds) in calculating development contributions. This policy will result in double charging

Projects were identified to consider the level of contribution to be collected. The other funding sources for each project was identified and quantified. The legislation allows the Council to collect contributions relative to the overall cost of the project irrespective of other sources of funding. Despite this, the Scheme does not anticipate the collection of funds such that the Council would have a net surplus on any project. This is further evidenced by the fact that the Scheme, based on particular projects, indicates that an overall funding gap will arise for the Council which will need to be satisfied by the Council from other sources.

29. The Scheme does not identify whether the proposed infrastructure and facilities are designed to satisfy projected demand, or to cater for the full development potential of the County.

The projected demand is to 2009.

30. Should a Development Contribution Scheme be adopted, increases in contribution rates should be implemented over a number of years, i.e. the Council should implement the Scheme on a phased basis

The basis on which the Scheme has been developed does not provide for this. If this were to happen the contributions over the period would increase far beyond the levels provided in the scheme, to provide for the increased shortfall in the funding for the infrastructure/facilities projects

31. A new Scheme should only apply to applications for planning permission lodged after the date of introduction of the new Scheme.

Government circular letter PD04/2003, which set out clarification in respect of Section 48 states as follows, “Once adopted all planning permissions granted subsequently will be subject to the conditions of the new Scheme

29 regardless of when the permission has been applied for.”

32. Contributions should not be required to be submitted prior to the commencement of development, but should be phased (related to the level of outstanding work on site).

Present arrangements with regard to payment of contributions will continue, i.e. a developer may negotiate and enter into an agreement with regard to the payment of contributions by installments. However, any outstanding balances will be subject to increase each year on 1 January (in accordance with the appropriate Index).

33. A submission relating specifically to the operation of a concrete batching plant at Kilternan suggests that the draft Scheme be modified to cater for this particular type of industry such that it does not threaten the continued operation of this facility, if and when applications are made for extensions of the operation.

A very specialised development such as extension to a concrete batching plant can only be dealt with on its own individualistic merits, subject to the overall philosophy of the contributions scheme.

34. It was suggested that Community Enterprise Centres be included as part of public infrastructure which would receive funding, and that these Centres be included as exempt development.

Enterprise Centres are not appropriate for inclusion for funding under the Scheme. It is not considered appropriate that they be exempted from the payment of levies.

35. A request was submitted to amend the proposed scheme to add the word ‘footpath’ to E. (in Definitions in Section 5(1)), after the word ‘roads’ and before carparks.

Definitions under Part 1 of the Planning and Development Act, 2000, note that “road” has the same meaning as in the Roads Act, 1993 (“road” includes “any street, lane, footpath…”). There is thus no need to include the word ‘footpath’, as this is included under “roads”.

36. There is an objection to the implementation of a levy on Granny flats, and on third level institutions and fee paying post-primary schools.

Granny flats are the same as domestic extensions, usually they are larger than normal extensions and constitute an almost separate dwelling. They should be included in the scheme.

Third level educational institutions and fee-paying post-primary schools are major developments and generate significant traffic, significant water and drainage usage, and high demands on recreational and leisure facilities. They should be included in the scheme

37. Will there be additional levies in the Section 49 SDCS zone?

The ‘Section 49 levy’ is an approved supplementary development contribution scheme, which contributions are for the sole purpose of part financing the light rail project to be known as LUAS Line B1 (extension of LUAS Line from Sandyford to Cherrywood). The Section 48 Scheme will also

30 be applicable within the delineated catchment area of the Section 49 SDCS in respect of planning permissions granted.

38. The Scheme must have a definite third party appeals procedure.

An appeal may be brought to An Bord Pleanala where the applicant under Section 34 of the Act considers that the terms of the Scheme have not been properly applied in respect of any conditions laid down by the Council.

39. There needs to be assurances given that the Council has the software, administration and resources to deal with these levies

The Council is presently updating the existing financial contribution database to include extra functionality to allow the accounting requirements of Section 48 and Auditors to be administered. It is envisaged that the amended database will be operative in early 2004.

40. There needs to be an audited set of accounts prepared annually in relation to the levy scheme (and available to levy payers.)

The Local Government Auditor audits the financial contribution account annually. Details required by legislation will be shown in the Annual Report.

41. There needs to be a clear mechanism for measuring, monitoring and annually reviewing the scheme.

The Scheme may be reviewed from time to time by the Council in the light of prevailing circumstances. It will take into account any revised programme of capital projects, any new objectives in County or Local Area Plans, updated cost estimates and the availability of other funding. After a review a new Scheme may be made. The cut-off year for the Scheme (unless a new Scheme is made before then) is 2009. But annual review is not recommended given that 16 weeks of every year would be taken up with the process. Two or three year intervals would be more realistic.

42. A regular consultative process with all stakeholders needs to be set up. There must be a commitment to consult with Council members in relation to projects under Class 1 and 2.

All projects come before Council, either at Area Committee, Strategic Policy Committee or at monthly or special Council meetings. Projects may be included under capital programmes, Part 8s, annual budget proposals, Local Area Plan proposals etc.

43. The following information/details are sought: (i) the process used to engage consultants to prepare the Scheme, (ii) a copy of the terms of reference and brief given to consultants, (iii) the consultant’s fees to date, (iv) and a date when the report will be finalised and available.

Such information can be given but it does not alter the scheme.

44. Clarification/additional detail is sought regarding: (i) Section 2(b) (of the Scheme), (ii) what is envisaged under Section 3(c) of the Scheme, and (iii) definition of ‘non-commercial community centres’

(i) See Section 9 of the proposed Scheme (ii) See Section 10 of the proposed Scheme

31 (iii) Non trading community centres

45. A late submission was received from the Forest Service, Department of Communications, Marine and Natural Resources. This submission notes that following a request for clarification, the Department of the Environment, Heritage and Local Government has confirmed that the development charge may not be applied in the case of initial afforestation projects.

E. RECOMMENDATION

The adoption of the scheme is a reserved function of the Council. This Scheme as submitted, varied or modified must be adopted within 6 weeks of the Council receiving the Manager’s Report.

It is recommended that the draft development contribution scheme attached herewith, which will cover the period 2004 to 2009 be adopted by the Council, subject to the following clarifications :

Tender price index to be changed to Wholesale Price Index– Building and Construction (Capital Goods) as published by the Central Statistics Office

Initial afforestation to be exempt from contributions

Floor area measurements to be inside of external walls so that the existing measurements carried out by Council technical staff do not have to be duplicated by measuring outside external walls.

The first 40 square metres of any residential extension, including granny flats, be exempt from the contribution scheme.

A Seminar to present the proposed Projects under the three classes as provided for in the Draft Scheme has been arranged for Thursday, 8 th January, 2004.

The Consultants Report on the Draft Scheme will be available at the Council Meeting on 12 th January, 2004.

DUN LAOGHAIRE - RATHDOWN COUNTY COUNCIL DRAFT DEVELOPMENT CONTRIBUTION SCHEME 2003

Section 48, Planning and Development Act, 2000 (as amended)

33 PREAMBLE

1. Sub-section (1) of Section 48 of the Planning and Development Act, 2000 enables a planning authority, when granting a planning permission under Section 34 of the Act, to include conditions for requiring the payment of a contribution. This contribution is in respect of public infrastructure and facilities benefiting development in the area of the planning authority, and that is provided, or that it is intended will be provided, by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities).

2(a) Subsection (2) of Section 48 requires that the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section

2(b) A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development.

3(a) Subsection (3) of Section 48 specifies that a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme.

3(b) In stating the basis for determining the contributions to be paid, the scheme must indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit which accrues in respect of existing development may not be included in any such determination.

3(c) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.

4. A planning authority may facilitate the phased payment of contributions under Section 48 of the Planning and Development Act, 2000, and may require the giving of security to ensure payment of contributions.

DEFINITIONS

5(i) Section 48 of the Planning and Development Act, 2000 ("The Act") gives the following meaning to "public infrastructure and facilities" - (a) "the acquisition of land, (b) the provision of open spaces, recreational and community facilities and amenities and landscaping works, (c) the provision of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains and watermains, (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for these facilities) infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures, (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking spaces, sewers, waste water and water treatment facilities, drains or watermains, anD (f) any matters ancillary to paragraphs (a) to (e)".

5(ii) "scheme" means a development contribution scheme made under Section 48 of the Act.

BASIS FOR DETERMINATION OF CONTRIBUTION

6. The basis for determination of a contribution under the Dun Laoghaire Rathdown County Council Development Contribution Scheme 2003 ("the Scheme") is as follows:-

A detailed Study carried out by senior Council staff and consultants established the following:-

(i) The amount of the costs, which are attributable, in the years to 2009 to the three classes of public infrastructure and facilities (listed in the table at Article 9 below). These costs are given in Table, A which is annexed, to this Scheme.

(ii) The aggregated units or floor areas in square metres of projected development, in the years to 2009, in each of the classes or descriptions of development, namely, residential class and industrial/commercial class. These units and floor areas are given in Table B, which is annexed, to this Scheme.

(iii) The development contributions payable per unit of residential development, and per square metre of industrial/commercial development are, respectively, determined by dividing the relevant cost by the number of units/relevant floor space. The results of carrying out the division exercises are given in the table in Article 9 of this Scheme below.

DEVELOPMENT CONTRIBUTION SCHEME

7. This Dun Laoghaire Rathdown County Council Development Contribution Scheme 2003 ("the Scheme") is made under Section 48 of the Planning and Development Act, 2000 ("the Act").

8. Under the Scheme, Dun Laoghaire Rathdown County Council will, when granting a planning permission under Section 34 of the Act, include conditions for requiring the payment of a contribution (the amount of which is indicated below under the heading Level of Contribution) in respect of public infrastructure and facilities benefiting development in the County of Dun Laoghaire Rathdown and that is provided, or that it is intended will be provided, by or on behalf of Dun Laoghaire Rathdown County Council, (regardless of other sources of funding for the infrastructure and facilities).

LEVEL OF CONTRIBUTION

9. Under the Scheme, the contributions to be paid (except where an Exemption applies, see below) in respect of the different classes of public infrastructure and facilities are as follows:-

Class of Public € per unit of residential € per square metre of Infrastructural class of development industrial/commercial class Development of development

35 Class 1 : 3,811 32.39 Community & Parks Class 2 : 4,487 38.99 Roads Class 3 : 3,202 28.62 Water & Drainage

Total of Contributions €11,500 per unit of €100 per square metre of Payable : residential class of industrial/commercial class development of development

NOTE 1. : These rates of contribution shall be updated effective from January 1 st each year during the life of the Scheme in accordance with the Tender Price Index. (See Article 12 of the Scheme below).

NOTE 2. : The floor area of proposed development shall be calculated as the gross floor area. This means the gross floor area determined from the external dimensions of the proposed buildings, including the gross floor area of each floor including mezzanine floors.

7. EXEMPTIONS/REDUCTIONS

The following categories of development will be exempted from the requirement to pay development contributions under the Scheme, or will be required to pay a reduced contribution:

With the exception of those house extensions which are exempted development under the Act, all other house extensions, including family or “granny” flats, shall be assessed at €100 per square metre of residential development.

Primary schools, non-commercial community centres, youth centres, and similar non-commercial community related developments and non-fee paying post primary schools. (Fee paying post primary schools shall pay €50 per square metre, irrespective of their tax status).

Registered Charities

Social housing units, including those which are provided in accordance with an agreement made under Part V of the Act (as amended under the Planning & Development (Amendment) Act, 2002) or which are provided by a voluntary or co-operative housing body, which is recognised as such by the Council.

Replacement dwellings or replacement commercial developments will be charged 50%.

The non-built elements of recreational facilities (e.g. playing pitches, golf courses) will be exempt.

For clarification purposes, the following developments will not be exempt from the requirement to pay development contributions:

Third level educational institutions and student accommodation Single rural houses Car parking provision in non-residential developments

36 PAYMENT OF CONTRIBUTION

8. Conditions requiring payment of the contributions provided for in the Scheme will be imposed in all decisions to grant planning permissions made following the making of the Scheme by the Council.

9. The contributions under the Scheme shall be payable prior to commencement of development or as otherwise agreed by the Council. Contributions shall be payable at the index adjusted rate pertaining to the year in which implementation of the planning permission is commenced, as provided for in the Note I to the table at Article 9 above.

10. The Council may facilitate the phased payment of contributions payable under the Scheme, and the Council may require the giving of security to ensure payment of contributions.

APPEAL TO AN BORD PLEANĀLA ("the Board")

11. An appeal may be brought to the Board where the applicant for planning permission under Section 34 of the Act considers that the terms of the Scheme have not been properly applied in respect of any conditions laid down by the Council.

REVIEW OF SCHEME

12. The Scheme may be reviewed from time to time by the Council having regard to circumstances prevailing at the time. After a review of the Scheme, a new Scheme may be made. The cut-off year for the Scheme (unless a new Scheme is made before then) is 2009. A new Scheme will be made by then at the latest.

SPECIAL DEVELOPMENT CONTRIBUTIONS

13. A special development contribution may be imposed under Section 48 (2) (c ) of the Act where exceptional costs not covered by the Dun Laoghaire Rathdown County Council Development Contribution Scheme 2003 are incurred by the Council in the provision of a specific public infrastructure or facility. (The particular works will be specified in the planning conditions when special development contributions are levied). Only developments that will benefit from the public infrastructure or facility in question will be liable to pay the speci al development contribution. Conditions imposing special contributions may be appealed to An Bord Pleanāla.

ANNEXURE 1 DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL DEVELOPMENT CONTRIBUTION SCHEME 2003

TABLE A – Costs attributable to the Lifetime of the Scheme

Class of Public Infrastructural Development Class 1 Community & Parks €58,420,000 Class 2 Roads €70,330,000 Class 3 Water & Drainage €51,610,000 TOTAL €180,360,000

37 TABLE B – Projected Development to Year 2009.

RESIDENTIAL DEVELOPMENT Projected number of residential 12,800 x €11,500 €147,200,000 units House Extensions 90,000 sq.m x €100 €9,000,000

NON RESIDENTIAL Floor areas in square metres of 203,500 sq.m. x €100 €20,350,000 projected Industrial/Commercial development

GRAND TOTAL €176,550,000 ANNEXURE 2

CLASS 1 - COMMUNITY FACILITIES INFRASTRUCTURE

Regional Parks Improvements Open Space Upgrading Playing Fields Provision and Improvement Playground Provision and Improvement Recreational Facilities Provision Community Centres and Facilities Libraries and Cultural Buildings. CLASS 2 - TRANSPORTATION PROJECTS Road Improvement Schemes Traffic Calming Schemes Upgrading Traffic Signals Junction Improvements Controlled Signalised Crossing Schemes Road Realignment And Reconstruction Cycleways. CLASS 3 - WATER AND DRAINAGE PROJECTS

Water Improvement Schemes Drainage Improvement Schemes Water main Rehabilitation River Catchment Improvement.

C/31/04 Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001-Three Bay Halting Site at Ballinteer

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

Proposed 3-Bay Halting Site on lands adjacent to Wyckham By Pass, near Roundabout with Ballinteer Road

This report refers to the Dun Laoghaire-Rathdown County Council’s proposal for a 3-Bay Halting Site on lands adjacent to the approved development (Reg. Ref D02A/1264) fronting the Wyckham By Pass, near roundabout with Ballinteer Road, Ballinteer, Dublin 16.

Zoning: The land on which the halting site is proposed is zoned in the 1998 Development Plan with the objective “to protect and/or improve residential amenity” (A).

38 There are two further objectives: i) “to protect and or provide for Institutional Use in open lands” and, ii) to protect and preserve trees and woodlands”.

Similar zoning objectives are applied in the current Draft Review of the Development Plan, with the additional objective “to provide accommodation for the Travelling Community”.

Protected Structures: The 1998 County Development Plan includes listing of protected structures at Gort Mhuire, ie., House (including interior), Out Buildings and Lodge, Water Gardens, Garden Walls and Farm Building Complex, Ornamental Ironwork, Conservatory (including interior) and Water Tower. These items are also listed as Protected Structures in the Review of the Development Plan.

The proposal will not affect the existing Protected Structures.

Planning History: The adjoining lands are affected by two recent applications for planning permission. These are :

D02A/0411 – Planning permission granted for 138 residential units (apartments). D02A/1264 – Planning permission granted for 96 residential units (apartments).

Public Consultation: In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001-2003, the County Council gave notice of its proposals and provided a time period for inspection and submissions or observations with respect to the proposed development. That time period was between Wednesday 5 th November and Wednesday 17 th December 2003.

Submissions: Six submissions have been received, mainly from local Residents’Associations. These are summarized below.

(Names and Addresses withheld)

39 Response to Objections: In general, the submissions can be grouped under the following headings: a) Concern about future general negative impacts on local environment : These concerns have been taken into account to date in the provision of the three bay Halting site. It is considered that the location, design, scale and management of the site will minimize any negative impacts. b) Concern that the site will be adequate to meet the needs of its residents: A Halting site is by its very nature basic in provision, and the small scale of the site would make it economically and spatially impossible to provide the services mentioned, such as individual private landscaped areas, Common Room, etc. However, the site residents will liaise with the Management Committee and it is anticipated that needs will be met through this process of communication. c) Concern regarding negative impacts caused by animals associated with the site: Apart from domestic pets, animals are not permitted on Traveller Sites. d) Concern re inadequate Management, and requests for representation on Management Committee: The Local Traveller Consultative Committee is a statutory committee made up of nine representatives. Three of these representatives are Councillors, and they represent the views of the Community. Three officials of the County Council are also appointed; The remainder of the places are allocated to Travellers and their representatives. There are currently ten Traveller specific sites in the County with a further 15 sites approved in the Traveller Accommodation Programme. To appoint a residents’ representative for each site would not be practical. However, the Traveller Unit and the Local Traveller Consultative Committee members will address any concerns raised by residents. e) Concern re Impact on River Slang: Matters relating to pollution by drainage would be addressed by the site designers whose brief should include drainage arrangements and construction related pollution control. The Pollution section of the Co. Council Drainage Department would liaise with the designers to ensure that the risk of pollution is minimized. Any person responsible for the pollution of waters contrary to the provisions of the Water Pollution Act is liable to prosecution. Given the distance of the Slang river from the site, and the scale of development on adjoining lands, it is considered that the risk of pollution from the Halting Site would be negligible. f) Concern re effect on St. Tiernan’s School: Given the design and scale of the proposed Halting Site, it is considered that effects on St. Tiernan’s School would be negligible.

Concern re on-site Trading : On-site trading is prohibited in/on Traveller accommodation. h) Concern that there is a higher allocation of Traveller Accommodation in Dundrum/Ballinteer Area than in other areas of the County : The Draft Accommodation Programme for the Travelling Community sets out existing and proposed Traveller accommodation in the County. Without knowing the boundaries of the area referred to in the submission, it is impossible to discuss the suggestion put forward. However, for information, the Programme is set out below: Existing Traveller Accommodation Proposed Halting Sites

Kiltuck Park (Halting Site) Ballyman Road Monkstown Avenue (H.S.) Bird Avenue Burton Park (H.S.) Rock Road/Booterstown Woodpark, Sallynoggin (H.S.) Cloragh Ballyogan Grove (Grouped Hsng.Scheme) Enniskerry Rd/Kilgobbin Kilbogget Grove (G H. Scheme) Gort Mhuire

40 St. Francis Park, Rathfarnham. Kilternan, Rd. (G.H.Scheme) Glendruid, Ballybrack (G.H.Scheme) Lehaunstown Old Connaught Ave (G.H.Scheme). Mount Anville Rd Pottery Rd. Rathmichael Rd. Stillorgan Grove Stillorgan Industrial Park UCD, Fosters Avenue West Pier, Dun Laoghaire.

Recommendation: Taking all of the above into account, it is considered that the proposed 3-Bay Halting site is in compliance with the objectives of the Development Plan, and that it accords with the proper planning and development of the area.

The report was AGREED.

C/32/04 Proposed Disposal of Properties

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

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

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

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

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

The purchase price, calculated in accordance with the provisions of Section 17 (3) of the Landlord and Tenant (Ground Rents) (No.2) Act 1978 and Circular Letter H41/78 from the Department of the Environment, will be twelve times the annual ground rent, (€457.08) plus arrears (€228.55) and an administration fee of €25.39 totalling €711.02.

The site in question is shown outlined on attached drawing BS 56/1661.The Law Agent has advised that the lessee is entitled to purchase the Fee Simple Interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment. Any condition specified in the instrument by which the lease was affected in respect of the repayment of the purchase price of the leasehold interest shall attach to the Fee Simple.

NAME DWELLING ANNUAL GROUND RENT

£ € Details withheld Details withheld 30 38.09

It is proposed that the Fee Simple Interest in (details withheld), be disposed of to (details withheld) in accordance with the provision of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of

41 the Local Government Act, 2001. The Seal of the Council to be affixed to any necessary legal document involved.

______Derek Brady, County Manager.

Dated this___day of______2003

It was proposed by Councillor D Marren and seconded by Councillor B Coffey and RESOLVED

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

C/33/04 Proposed Change of Street Name

The following report, copies of which had been circulated to the Members was CONSIDERED: Proposed Change of Street Name

“Ballyogan Road” (part of) to “Castle View”

Proposed Adoption of List of Qualified Electors for purpose of Statutory Plebiscite

It is recommended that the Council adopt the list of Qualified Electors for the purpose of taking a statutory Plebiscite in connection with the proposal to change the name of “Ballyogan Road” (part of) to “Castle View”

List of Qualified Electors

Ballyogan Road

(details withheld)

It was proposed by Councillor L Butler and seconded by Councillor M Elliott and RESOLVED:

“That the list of qualified electors for the purpose of taking a statutory Plebiscite in connection with the proposal to change the name of “Ballyogan Road” (part of) to “Castle View” is hereby adopted.”

C/34/04 Cathaoirleach's Business: Councillor T. Matthews

(a) Appointment of Deputy Manager An Cathaoirleach, Councillor T. Matthews extended the good wishes of the Council to Mr. Michael Gough, Director of Economic Planning and Development, who had been appointed Deputy Manager for 2004.

(b) National Litter Competition An Cathaoirleach, Councillor T Matthews announced that Dun Laoghaire had been placed 2nd Town in the Country in the The Irish Business Against Litter’s National Litter Competition. It reflected the steady work being done by the Environment Department

42 and stakeholders in the Dun Laoghaire area, the members thanked and paid special tribute to the Manager and staff.

(c) (Details Withheld) An Cathaoirleach, Councillor T. Matthews extended the good wishes of the Council to (Details Withheld) who had been appointed an Equestrian Knight of the Holy Sepulchre of Jerusalem.

(d) Councillor Louise Cosgrave An Cathaoirleach, Councillor T. Matthews extended the good wishes of the Council to Councillor Louise Cosgrave who had been made a Dame of the Order of St. Lazarus.

C/35/04 Recommendations from Strategic Policy Committees

The following recommendations of the Strategic Policy Committee, copy of which had been circulated to the members was CONSIDERED: “Referral of Motions from Strategic Policy Committees to Council

The Organisation, Procedure & Protocol Committee considered a report on referral of motions from Strategic Policy Committees at its meeting on 19 th March, 2003 and after discussion, it was agreed that recommendations made at SPCs which required the exercise of a Reserved Function should be referred directly to the Council. Standing Orders for SPC’s shall be amended to clarify this.

The following two motions referred by the Environmental Policy Committee on climate change were considered by the County Council at it’s meeting held on 8 th December, 2003.

Environmental Policy Committee September 2002 The following motion was included in the Chairperson’s report of the EPC, dated 18 September 2002, which was noted by the Council on 13 January 2003. This motion is now referred directly to the Council for consideration:

‘Dun Laoghaire-Rathdown County Council must better recognise the role it can play in combating climate change by promoting energy efficiency and renewable energy both as a consumer and as potential producer or promoter. As a consumer, Dun Laoghaire- Rathdown County Council should specify green electricity and promote energy efficiency and green fuels in it’s own operations. It should also be more active in promoting renewable energy generation through landfill gas recovery, promotion of wind energy, bio-gas from sewage and the use of solar power in buildings. Dun Laoghaire-Rathdown County Council should also commit itself to participation in international networks of local authorities acting against climate change at the earliest possible opportunity.’

Environmental Policy Committee September 2001

The following motion was included in the Chairperson’s report of the EPC dated 20 September 2001, which was noted by the Council on 14 January 2002. “For the County Council to initiate a process to provide for and furnish “an influential, representative local base from which to incorporate climate change abatement considerations into relevant local policies and programmes.” (NCCS, p.72). As part of this process for the Council to prepare and consider plans to participate in the Cities for Climate Protection (CCP) programme as established by the International Council for local Environmental Initiatives (ICLEI), as also recommended in NCCS (p.73).

At the meeting it was AGREED to request Headed Item for next Council meeting.

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

“Ireland has recognised the need for climate change policy through its involvement in the Kyoto Protocol to control emissions of greenhouse gases and the establishment of the National Climate Change Strategy (NCCS) to manage the process.

Apart from the NCCS, the Climatology Department of the National University of Ireland, Maynooth (NUIM) has carried out work on climate change and it is understood that the Met Office is also carrying out work in this area. Currently the emphasis on climate change policy is on the wider issues relating to the occurrence of climate change and in particular the issue of addressing greenhouse gas emissions.

At its SPC meeting on 17 th December, 2003 a very comprehensive report was presented by staff to the Environmental Policy Committee on climate change and the role of the local authority as promoter, producer and consumer of renewable energy. The report covered the general use of energy in the county, policies in the Draft County Development Plan which relate to new issues including renewable energy, wind energy, sustainable buildings and energy management for housing and waste disposal.

The report also outlined the guidelines for sustainable development and referred to a number of examples where this is now in evidence. In addition, details were presented of our Environmental Awareness Programme, and policies on Transportation that relate to the efficient use of energy.

In summary therefore, this Council is very aware of the role it can play in combating climate change and is continually looking at ways to achieve this. Our newest initiatives include the conversion of methane gas to electricity in Ballyogan landfill and our new sewerage treatment works in Shanganagh will have most of its power supplied from the generation of electricity from the process itself. In addition to initiatives taken by this Council, we will continue to develop local and national policies in this area and in so far as this relates to the motions in question, the Council should support them.”

The report was AGREED.

C/36/04 Recommendations from Strategic Policy Committees

The following recommendation from the Strategic Policy Committee copy of which had been circulated to the members was CONSIDERED;

Report on the inception of a wind farm for electricity energy on the Kish Bank

The Organisation, Procedure & Protocol Committee considered a report on referral of motions from Strategic Policy Committees at its meeting on 19 th March, 2003 and after discussion, it was agreed that recommendations made at SPCs which required the exercise of a reserved function should be referred directly to the Council. Standing Orders for SPC’s shall be amended to clarify this.

Environmental Policy Committee January, 2002 The following motion was included in the Chairperson’s report of the EPC dated 16 January 2002 which was noted by the Council on 11 March 2002. This motion is now referred directly to the Council for consideration

44 “That the Council will look with favour on the inception of a wind farm for electricity energy on the Kish Bank.”

At the meeting it was AGREED to request Headed Item for next Council meeting.

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

“Draft Development Plan Policy ET1: Wind Energy states that “It is a Council policy objective to recognise the importance of wind energy – both on shore and offshore, when carried out in an environmentally acceptable manner“. The policy statement further recognises that Dun Laoghaire Rathdown offers limited potential for on-shore wind farm development due to the built-up nature of the County.

The Department of Environment publication “Wind Farm Development – Guidance for Planning Authorities”, September 1996 relates solely and exclusively to on-shore development. Any wind farm development on the Kish Bank would not be the subject of a planning application to the County Council by virtue of its location well beyond the foreshore. Rather the control of off-shore wind farm developments would fall under the remit of the Minister for the Marine and Natural Resources.

In line with the principles of sustainable development the Council will encourage the development of appropriate renewable energy sources which make use of natural resources in an environmentally acceptable manner.”

The report was AGREED.

C/37/04 Strategic Policy Committees - Report of Chairpersons

The reports of the Chairpersons of the Strategic Policy Committees were NOTED.

C/38/04 Ministerial/Departmental Correspondence

It was NOTED there was no business under this heading.

Councillor Boyhan requested the Manager to supply a copy of the letter sent to the Minister in relation to the Draft Development Plan and any reply received. It was agreed to email correspondence requested.

C/39/04 Other Correspondence

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

(a) Letter from Longford Town Council, dated 26 November 2003, regarding a notice of motion on the introduction of a waiver system for the collection of refuse charges. (b) Letter from South Tipperary County Council, dated 2 December 2003, regarding a notice of motions on the abolition of the Diet Supplement and on the time of year funding is allocated to the adult education board of the VEC. (c) Letter from Waterford City Council, dated 15 December 2003, regarding a notice of motion on implementation of a ‘rules of the road’ course for transitional year students.

45 (d) Letter from Clonmel Borough Council, dated 15 December 2003, regarding a notice of motion on the contribution of religious orders in education, health and other fields.

C/40/04 ROAD SWEEPING - POLICY MOTION

It was proposed by Councillor N Bhreathnach and seconded by Councillor C. O’Malley:

“That the Council review/examine policy in relation to regular road sweeping, especially within residential estates.”

Following discussion during which Mr. J. Fitzgerald, Director of Environment, responded to Members queries the motion was put and AGREED.

C/41/04 EAST COAST AREA HEALTH BOARD STUDY

It was proposed by Councillor M Corrigan and seconded by Councillor L Butler

“That this Council request the East Coast Area Health Board to undertake a study on the incidences of respiratory illness, congenital birth defects and cancer in residents within a one mile radius of Ballyogan Landfill disposal site to provide assurances such incidents are not higher than that of the general population.”

The following report of the Manager, copies of which had been circulated to the Members, was CONSIDERED : “The Council operates Ballyogan Landfill in accordance with the conditions set down in the Licence which was granted by the Environmental Protection Agency. This Licence is similar to Licences issued to all other major landfills throughout the country.

The conditions of the licence are designed to ensure that the environment at the landfill and surrounding areas are safe.

This Council does not see why Ballyogan more than any other landfill in the Country should be singled out for such a study, but if the motion is passed it will be brought to the attention of the Department of Health.”

Following discussion the motion was PUT and AGREED .

C/42/04 REVIEW OF THE 1997 ELECTORAL ACT

It was proposed by Councillor D. O’Callaghan and seconded by Councillor A. Culhane that:

“This Council views with concern the intention by the Minister for the Environment & Local Government to review the 1997 Electoral Act to increase the amounts of financial donations from the corporate sector to political parties and that this Council further agrees that any such review will further diminish public trust in the democratic system. That this Council conveys by letter to the Minister its outright opposition to any such proposed increases in corporate donations.” The following report of the Manager, copies of which had been circulated to the Members, was NOTED : “If the motion is passed the matter will be referred to the Minister for the Environment & Local Government.”

46 Following discussion a roll call vote on the resolution was called for, the result of which was as follows:

COUNCILLORS: FOR ABSTAINED AGAINST Bhreathnach, Niamh √ Boyhan, Victor √ Butler, Larry √ Coffey, Betty √ Conway, Barry √ Corrigan Maria √ Cosgrave, Liam T. Cosgrave, Louise √ Costello, Eoin √ Culhane, Aidan √ Dillon Byrne, Jane √ Dockrell, William Elliott, Mary √ Fox, Tony √ Hand, Pat Horkan, Gerry √ Ireland, Kealin √ Joyce, Tom √ Kelly, Tony √ Keogh, Helen Lowe, Bernie √ Marren, Donal √ Matthews, Trevor √ Murphy, Tom √ O’Callaghan, Denis √ O’Malley, Chris √ Saul, Barry √ Smyth, Carrie √ 14 10

An Cathaoirleach declared the resolution PASSED. It was agreed to write to the Minister and all Councils nationally.

C/43/04 PROTECTION FOR TENANTS UNDER COUNCIL'S INSURANCE POLICY

It was proposed by Councillor C. O’Malley and seconded by Councillor J. Dillon Byrne that:

“the Council take steps to ensure that its tenants are protected by the Council’s own insurance policy, not only from structural damage to its houses and apartments, but also damage to house contents which is a direct consequence of such structural damage.”

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

“Dun Laoghaire-Rathdown County Council has two insurance policies that cover structural damage to its housing stock.

47 One of the policies covers the buildings of our housing rented stock against loss or damage due to fire, lightning, explosion, storm, flood, burst pipes, aircraft, impact, riot, civil commotion, collapse of television aerials and satellite dishes.

The second policy covers the buildings of our tenant/purchase housing stock. The policy covers loss or damage caused by the following perils, i.e. fire, lightning and explosion, storm and tempest, impact by road vehicles, falling trees and aircraft, stealing, collapsed t.v. aerials, glass breakage, oil leakage from heating installations, damage to underground service pipes or cables, riot, civil commotion, strikes and labour disturbances and bursting or escape of water from any fixed water installations.

Insurance cover in respect of both these policies is for structural damage only. Insurance of contents of premises are the sole responsibility of the householder. The Council can only insure property or contents in which it has a financial interest. Therefore, it is not legally possible for the Council to insure property or contents which are owned by tenants or any other third party”.

Following discussion during which Mr M Hogan Head of Finance responded to members queries it was AGREED to RE-ENTER this item, in order to allow the Manager time to clarify with the insurance company some of the issues raised.

C/44/04 COASTAL PLAN

It was proposed by Councillor J. Dillon Byrne and seconded by Councillor N. Bhreathnach that: “the Manager now set up a designated team to progress the Coastal Plan (a) that a detailed itinerary of works be drawn up by this team; and (b) that a costing for all the projects be estimated by this team with a view to progressing this wonderful plan.”

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

“The Economic Development and Planning Department is actively pursuing the implementation of the Coastal Plan. An inter County group has been set up to make progress with the Coastal Walk concept. (Sandycove to Sutton-S2S). The Draft County Development plan incorporates the objectives of the Coastal Plan and in the Development Control Process issues relevant to the Coastal Plan are considered. As identified in the Coastal Plan there is no budget to realise this plan.

A working group will review the Coastal plan and identify work / projects to be progressed. This group will look for possible sources of funding to realise these projects and will ensure that where feasible these works will be incorporated into either future public or private development proposals in these areas.

It is the intention of the Economic Development and Planning Department to extend the Coastal Plan to cover the remainder of the County's coast line from Sandycove to the Bray boundary.”

Following discussion the motion was put and AGREED.

C/45/04 DUN LAOGHAIRE HARBOUR COMPANY

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

48 “That this Council, recognising the sterling work of Dun Laoghaire Harbour Company, its representative constitution and the support it enjoys in the local community, calls on the Minister for Communications, Marine and Natural Resources to give an immediate and categorical assurance that the role and composition of Dun Laoghaire Harbour Company be retained, and that any recommendation to the contrary be rejected.”

The following report of the Manager was NOTED:

“If the motion is passed the matter will be referred to the Minister for Communications, Marine and Natural Resources”.

Following discussion the motion was put and AGREED.

C/46/04 POWER TO LEVY WASTE CHARGES

The following motion was MOVED WITHOUT DISCUSSION by Councillor A Culhane on behalf of Councillor O’Callaghan: “That this Council condemns the proposal by the Minister for the Environment, Heritage, & Local Government, Martin Cullen, to transfer the power to levy waste charges from elected Councillors to County Managers and sees this as the further erosion of local democracy. The Council calls on the Minister not to proceed with this measure.”

The following report of the Manager was NOTED:

“If the motion is passed, a letter conveying details of the motion, will be sent to the Minister of the Environment, Heritage and Local Government.”

C/47/04 DUN LAOGHAIRE VEC

The following motion in the name of Councillor N. Bhreathnach was MOVED WITHOUT DISCUSSION : “That this Council fully supports the submission of Dun Laoghaire VEC to the Minister of Education and Science to extend Dun Laoghaire VEC to include Rathdown in accordance with VE Amendments Act 2001.”

The following report of the Manager was NOTED :

“The Minister for Education and Science has recently announced that he will not be making any order under Section 35 of the Vocational Education (Amendment) Act 2001.”

C/48/04 APPOINTMENT OF CIVIL DEFENCE OFFICER

It was proposed by Councillor T. Kelly and seconded by Councillor L. Butler that: “the Manager in compliance with Section 31 of the Civil Defence Act 2002 (Local Authorities) initiate proceedings for the appointment of a full-time Civil Defence Officer for the County of Dun Laoghaire-Rathdown.” The following report of the Manager was CONSIDERED:

“The current Civil Defence Officer for the Dublin Region includes in his remit the administrative area of Dun Laoghaire/Rathdown County Council. A review of Civil Defence in the Dublin area was undertaken in recent times and the decision to continue with the situation as obtains was taken. Therefore there is no proposal to appoint a specific Civil Defence Officer for the County of Dun Laoghaire/Rathdown”.

49 Following discussion during which Mr J Fitzgerald, Director Environment responded to Members queries the motion WAS NOT PUT. Councillor Kelly agreed to facilitate a meeting with the Civil Defence Board to determine the issues and how they will be progressed.

C/49/04 RE-ENTERING OF ITEMS

It was AGREED to re-enter Item Nos. 37 to 46 inclusive, 48, 50 and 51 for the February meeting of the County Council.

C/50/04 CONCLUSION OF MEETING

The meeting concluded at 8.00 p.m.