DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of The

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council Meeting held in the Council Chamber, County Hall, Dun Laoghaire, Co. Dublin on Monday, 13 January 2014 at 5.00 pm

PRESENT:

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

Apologies for inability to attend were received for Councillor Victor Boyhan

Absent: Councillor Gearóid O’Keeffe

An Cathaoirleach, Councillor Carrie Smyth presided.

OFFICIALS PRESENT:

Kathleen Holohan (County Manager), Frank Austin (Director of Transportation and Water Services), Helena Cunningham (Director of Finance and I.T.), Andrée Dargan (County Architect & Director of Culture), Gerard Hayden (Director of Planning and Enterprise), Tom McHugh (Director of Housing and Community), Richard Shakespeare (Director Of Environment), Bernie Gilligan (A/ Director of Corporate Services & Human Resources), Ian Smalley (A/Senior Executive Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer, Corporate Services)

C/25/14 Vote of Condolence

A vote of condolence was passed with the family of Mr. Tommy Walsh, R.I.P., Porter, Dún Laoghaire-Rathdown County Council

A vote of condolence was passed with the family of Mr. Frank Brennan, R.I.P., Chairperson of Balally Resident’s Association.

A vote of condolence was passed with the family of Dr. Conn McCluskey, R.I.P.

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

C/26/14 Confirmation of Minutes

1 Minutes of Meeting of County Council held on 9 th December 2013

It was proposed by Councillor L. McCarthy, seconded by Councillor C. Devlin and RESOLVED :

“That the minutes of County Council meeting held on 9 th December 2013 be ADOPTED and APPROVED .”

C/27/14 Questions

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

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.6 be ADOPTED and APPROVED .”

C/28/14 Protected Structures

Question: Councillor V. Boyhan “To ask the Manager to provide a schedule of 'Protected Structures' in the Council's ownership or charge?”

Reply: “Marlay House Cabinteely House Seapoint Martello Tower Dalkey Island Martello Tower Williamstown Martello Tower Killiney Obelisk The Wishing Stone, Killiney Hill The Telegraph Tower, Killiney Hill The entrance gate to Killiney Hill Park The Tea Rooms Killiney HIll Park Gate Lodge, People's Park, Dun Laoghaire Tearooms, People's Park, Dun Laoghaire Bandstand, Blackrock Park Pavilion, Blackrock Park Entrance Gate, Blackrock Park Moran Park House The Stillorgan Obelisk County Hall, Dun Laoghaire The Oratory, Dun Laoghaire Coliemore Harbour Sandycove Harbour Two Mortuary Chapels in Deansgrange Cemetery Dalkey Town Hall 7 no. Carnegie Libraries: Dundrum Library Dun Laoghaire Library Cabinteely Library Shankill Library Sandyford Library Glencullen Library Blackrock Library George’s Place –Old Fire Station (Façade only)”

2 C/29/14 dlr lexIcon

Question: Councillor V. Boyhan “To ask the Manager to confirm that as per the Councils approval, that the new central library will be know as the Lexicon. Please advise if this name has been registered for use?”

Reply: “The Working Group agreed and the Council approved the selection of the name 'Lexicon' for the new Central Library and Cultural Centre. To date, the domain name dlrlexicon.ie has been registered and the process of trade marking the name dlrLexIcon is underway. Until the trademark process is finalised, it is believed that no announcement should be made regarding the use of this, or any other name for the building.”

C/30/14 Recycle Bring Banks / Community Employment Opportunities

Question: Councillor V. Boyhan “To ask the Manager to confirm revenue income direct to the Council from Recycle Bring Banks / Recycling Bins for the period 2009, 2010, 2011, 2012 and 2013 to date and to consider if these funds could be ring-fenced for community employment initiatives directly involved in the care and maintenance of these Recycle Bring Banks €96,510.55 (2010) €94,336.41 (2011) €81,869.76 (2012) (2013- To date)?”

Reply: “The income generated from textile recycling at Bring Banks for the period from January 2009 to November 2013 is as follows:

2009 € 82,461.13 2010 € 96,510.75 2011 € 94,336.41 2012 € 81,869.76 Jan – Nov 2013 € 90,737.18

The Council also receives subsidies for glass and can recycling.

The care and maintenance of the Bring Banks is provided by the Environment Department. The cost incurred in providing and maintaining the Bring Banks is greater than the income received.”

C/31/14 Revenue Return by Council for Local Property Tax -2103

Question: Councillor V. Boyhan “To ask the Manager to confirm details of the overall return made to the Revenue Commissioners in relation to the Local Property Tax for 2013 and the Income source for this payment within the councils approved financial budgetary structure for 2013?”

Reply: “In accordance with the Finance (Local Property Tax) Act 2012 as amended, the Council made a return to the Revenue Commissioners in 2013 to register Council-owned residential properties liable for the Local Property Tax for 2013. The total number of Council-owned residential properties liable for the LPT for 2013 was 4,527, at a charge of €45.00 each, giving a total charge of €203,715.00.

€195,480 of this payment was in respect of the Council’s social housing stock of 4,344 units and €7,425 was for 165 Rent to Buy/Affordable dwellings, the remainder of €810 was for Council-owned residential units under the control of Corporate Services and Parks Departments. Provision for the payment of the Council’s liability for the Local Property Tax for 2013 was included in the outturn for the 2013 Budget which was approved by the Council at its meeting on 9 th January 2014. This provision was made from savings in expenditure and improved income and did not result in a reduction in services.”

C/32/14 DLR - Parking Services - Data for 2013

Question: Councillor V. Boyhan “To ask the Manager to please provide a summary of all Key Indicators for each category of DLR Parking Services operated across the County in 2013?”

Reply: The contract with DLR Parking Services requires them to provide:

“All services required to enforce the relevant Statutes and Bye-Laws in accordance with the Client’s direction and any guidelines which may be notified by the Client to the Contractor from time to time including: a) patrolling and identifying illegally parked vehicles which meet the criteria in the Council’s Guidelines for Pay and Display and other Parking Offences; (b) issuing a ticket or warning notice as appropriate; (c) applying the appropriate ticket or warning notice to the vehicle; (d) taking digital photographs in accordance with the Client’s requirements; (e) dealing with customers (to include establishing details of registered owners of vehicles); (f) taking payments in respect of the ticket; (g) monitoring and reporting on signing, lining and the operation of Pay and Display machines, with faults to be reported to the Client within an hour of observation; (h) carrying out surveys from time to time as requested by the Client to determine capacity of areas for pay and display usage, car park usage surveys, and surveys to determine the extent of illegal parking in particular areas; and (i) issuing monthly or weekly reports as required by the Client.

and all services required to support the carrying out of these services.”

The key indicator is the issue by Traffic Wardens of 32,400 valid parking tickets per annum. The following is the ticket issuing history since the commencement of the contract in February:

Month Year – 2013 January 0 February 2,032 March 2,753 April 2,762 May 2,940 June 2,788 July 2,981 August 2,877

Month Year – 2013 September 2,790 October 2,739 November 2,871 December

C/33/14 Hits on the Live Webcast

Question: Councillor C. Smyth “To ask the Manager how many hits have been recorded on the live webcast of all Council Meetings since it began in February 2008 and the number of hits on the archived Council Meetings?”

Reply:

Title Live Date Hits Live Archive Category County Council Meeting 11 Feb 2008 806 147 659 Full Council County Council Meeting 10 Mar 2008 569 43 526 Full Council County Council Meeting 14 Apr 2008 409 49 360 Full Council Special Full County Council Meeting 26 May Full Council 26 May 2008 352 2 350 2008 June 2008 County Council Meeting 09 Jun 2008 353 22 331 Full Council 2008 Annual General Meeting County Council 11 Jun 2008 338 4 334 Full Council July County Council Meeting 14 Jul 2008 527 17 510 Full Council September County Council Meeting 08 Sep 2008 448 43 405 Full Council October County Council Meeting 13 Oct 2008 469 57 412 Full Council November County Council Meeting 10 Nov 2008 572 34 538 Full Council December County Council Meeting 08 Dec 2008 511 18 493 Full Council January County Council Meeting 12 Jan 2009 557 16 541 Full Council February County Council Meeting 09 Feb 2009 478 33 445 Full Council March County Council Meeting 09 Mar 2009 379 16 363 Full Council April County Council Meeting 14 Apr 2009 459 9 450 Full Council May County Council Meeting 11 May 2009 560 7 553 Full Council Annual County Council Meeting 19 Jun 2009 694 40 654 Full Council July County Council Meeting 06 Jul 2009 708 50 658 Full Council September County Council Meeting 14 Sep 2009 656 37 619 Full Council October County Council Meeting 12 Oct 2009 750 54 696 Full Council November County Council Meeting 09 Nov 2009 860 48 812 Full Council December County Council Meeting 14 Dec 2009 791 36 755 Full Council January County Council Meeting 13 Jan 2010 789 48 741 Full Council February County Council Meeting 08 Feb 2010 862 39 823 Full Council March County Council Meeting 08 Mar 2010 616 17 599 Full Council April County Council Meeting 12 Apr 2010 955 56 899 Full Council Special Meeting of County Council 26 Apr 2010 698 26 672 Full Council

Title Live Date Hits Live Archive Category May County Council Meeting 10 May 2010 843 30 813 Full Council Annual County Council Meeting "Due to Full Council technical difficulties, there is a small portion 14 Jun 2010 557 69 488 on this Webcast audio missing (approx 10-15 mins). We apologise for any inconvenience" Adjourned County Council Meeting 22 Jun 2010 568 30 538 Full Council Jul y County Council Meeting (Due to technical Full Council difficulty the webcast for the July County Council meeting is not available, We 05 Jul 2010 425 32 393 apologise for any inconvenience this may cause). September County Council Meeting 13 Sep 2010 969 47 922 Full Council October County Council Meeting 11 Oct 2010 1042 38 1004 Full Council November County Council Meeting 08 Nov 2010 1095 52 1043 Full Council December County Council Meeting 13 Dec 2010 806 49 757 Full Council Budget Meeting 05 Jan 2011 791 44 747 Full Council January County Council Meeting 10 Jan 2011 891 62 829 Full Council February County Council Meeting 14 Feb 2011 1016 40 976 Full Council March County Council Meeting 14 Mar 2011 1409 56 1353 Full Council Special Meeting of County Council 29 Mar 2011 387 21 366 Full Council April County Council Meeting 11 Apr 2011 505 69 436 Full Council May County Council Meeting 09 May 2011 534 39 495 Full Council Annual County Council Meeting 13 Jun 2011 408 49 359 Full Council July County Council Meeting 04 Jul 2011 516 32 484 Full Council September County Council Meeting 12 Sep 2011 485 54 431 Full Council October County Council Meeting 10 Oct 2011 497 46 451 Full Council November County Council Meeting 14 Nov 2011 401 58 343 Full Council December County Council Meeting 12 Dec 2011 291 23 268 Full Council Budget Meeting 21 Dec 2011 263 9 254 Full Council January County Council Meeting 09 Jan 2012 349 16 333 Full Council February County Council Meeting 13 Feb 2012 387 23 364 Full Council March County Council Meeting 12 Mar 2012 339 15 324 Full Council April County Council 10 Apr 2012 411 29 382 Full Council Adjourned April Council Meeting 16 Apr 2012 310 13 297 Full Council May County Council Meeting 14 May 2012 504 26 478 Full Council Annual County Council Meeting 11 Jun 2012 504 17 487 Full Council Special Meeting of County Council - Full Council 26 Jun 2012 500 33 467 Cherrywood Strategic Development Zone July County Council Meeting 02 Jul 2012 597 22 575 Full Council September County Council 10 Sep 2012 1077 68 1009 Full Council October County Council 08 Oct 2012 878 37 841 Full Council November County Council 12 Nov 2012 843 36 807 Full Council December County Council 10 Dec 2012 980 55 925 Full Council Budget Meeting 19 Dec 2012 834 20 814 Full Council

Title Live Date Hits Live Archive Category January County Council 14 Jan 2013 1359 10 1349 Full Council February County Council 11 Feb 2013 1240 21 1219 Full Council March County Council 11 Mar 2013 1220 29 1191 Full Council April County Council 08 Apr 2013 1099 41 1058 Full Council May County Council 13 May 2013 841 23 818 Full Council Annual Meeting County Council 10 Jun 2013 1077 50 1027 Full Council July County Council 01 Jul 2013 830 36 794 Full Council September County Council Meeting 09 Sep 2013 707 37 670 Full Council October County Council Meeting 14 Oct 2013 459 9 450 Full Council November County Council Meeting 11 Nov 2013 349 24 325 Full Council December County Council Meeting 09 Dec 2013 243 19 224 Full Council Total 48802 2626 46176

C/34/14 Education and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001

List of Education and Training Courses The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED :

“a) Elected Member’s Training Seminar: Preparing a Development Contribution Scheme, The Connacht Hotel, Dublin Road, Galway, 6 th – 7 th December 2013. b) Elected Member’s Training Seminar: Improving Road Safety – Traffic Management, Westport Plaza Hotel, Castlebar Street, Westport, Co. Mayo, 20 th – 21 st December 2013. c) Elected Member’s Training Seminar: Housing grants and schemes, The Connacht Hotel, Dublin Road, Galway, 13 th – 14 th December 2013. d) Public Presentation and PR Management Seminar, Celtic Ross Hotel, Rosscarbery, West Cork, 3 rd – 5 th January 2014. e) 2014 European Elections – Information Seminar for Councillors, Four Seasons Hotel, Carlingford, Co. Louth, 3 rd – 5th January 2014. f) Accessing EU Sports Funding for Irish Communities in Ireland, Bunratty Castle Hotel, Bunratty, Co. Clare, 10 th – 11 th January 2014. g) Valuation Process for Rating Properties Seminar for Councillors, Scotts Limerick, Ashbourne Avenue, South Circular Road, Limerick, 17th - 19 th January 2014. h) The Building Control Amendment Regulations 2013, Four Seasons Hotel, Carlingford, Co. Louth, 10 th – 12 th January 2014. i) “The Councillor and Irish Water” (Water Services Bill no.2, 2013), Mount Errigal Hotel, Letterkenny, Co. Donegal. 17 th – 19 th January 2014 j) Training Seminar for Councillors: Local Government Bill 2013, Carlton Shearwater Hotel, Marina Point, Ballinasloe, Co. Galway. 17 th – 18 th January 2014. k) Training Seminar for Councillors: Media Skills for Councillors, Clifden Station House, Clifden, Co. Galway, 23 rd – 25 th January 2014. l) Branding in Political Elections – a new quality of Political Communication, Celtic Ross Hotel, Rosscarbery, West Cork, 17 th - 19 th January 2014.

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

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

It was proposed by Councillor L. McCarthy, seconded by Councillor N. Richmond and RESOLVED :

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

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

C/35/14 Education and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001

Approval of Nominations

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

“Local Authority Employment – Law, Practice and Procedure, The Park Hotel, Clonmel, Co. Tipperary, 6th – 8th December 2013. - Cllr Barry Saul

Putting People First: Update on Local Government Reform to Date, Bunratty Castle Hotel, Bunratty, Co. Clare, 13th - 14th December 2013. - Cllr Victor Boyhan

Tourism Technology & Competitive Strategies for 2014, Celtic Ross Hotel, Rosscarbery, West Cork, 13th - 15th December 2013. - Cllr Maria Bailey

Training Seminar for Councillors: Creating and Sustaining Employment at Local & Community Level, Talbot Hotel, Wexford, 13th - 14th December 2013. - Cllr Tony Fox - Cllr Pat Hand

Elected Member’s Training Seminar: Housing grants and schemes, The Connacht Hotel, Dublin Road, Galway City, 13th - 14th December 2013. - Cllr Jane Dillon Byrne

LAMA Spring Seminar 2014, Four Seasons Hotel, Monaghan, 31st January - 1st February 2014. - Cllr Donal Marren

Public Presentation and PR Management Seminar, Celtic Ross Hotel, Rosscarbery, West Cork, 3rd - 5th January 2014. - Cllr Gearóid O’Keeffe

Accessing EU Sports Funding for Irish Communities in Ireland, Bunratty Castle Hotel, Bunratty Castle, Co. Clare, 10th - 11th January 2014. - Cllr Gearóid O’Keeffe

Creating and Sustaining Employment at Local & Community Level, Talbot Hotel, Wexford. 13th - 14th December 2013

8 - Cllr Pat Hand

Improving Road Safety, Traffic Management, Westport Plaza Hotel, Castlebar Street,Westport,Co Mayo. - Cllr Tony Fox

Accordingly it will be necessary for the Council to pass the following resolution:

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

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

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

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

C/36/14 Education and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001

Conference Report Documents Submitted

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

Conf Conference Details Approved at Councillors Conference Claim No. meeting Attended Report Form Received Received 81/11 Time Management, Media & IT Skills, Celtic Ross Hotel, 12 th September Councillor G. No No Rosscarbery, West Cork, 8 th – 10 th July 2011. 2011 Horkan 89/11 Councillors’ Training Seminar: The Councillor & The 12 th September Councillor G. No No Local Government Environment Service, Hyland’s Hotel, 2011 Horkan Ballyvaughan, Co. Clare, 22 nd – 23 rd July 2011. 96/11 Councillors’ Training Seminar: The Local Government 12 th September Councillor G. No No Planning Service, West Cork Hotel, Skibbereen, Co. Cork, 2011 Horkan 12 th – 13 th August 2011. 90/11 LAMA Autumn Seminar 2011, Clonea Strand Hotel, 14 th November Councillor G. No No Dungarvan, Co. Waterford, 23 rd – 24 th September 2011. 2011 Horkan 108/11 A National Tourism Conference, Fall’s Hotel, Ennistymon, 12 th December Councillor G. No No Co. Clare, 25th - 26th November 2011. 2011 Horkan 129/11 Waste Water Discharge Control Design, operation and 12 th December Councillor G. No No Maintenance, Carlton Hotel Tralee, Dan Spring Road, 2011 Horkan Tralee, Co. Kerry, 11 th – 13 th November 2011. 09/12 Understanding EU Funding & Functions, Celtic Ross 13 th February Councillor G. No No Hotel, Rosscarbery, West Cork, 27 th – 29 th January 2012. 2012 O’Keeffe 13/12 Building Control (Amendment) Regulations 2009, The 13 th February Councillor T. Fox No No Kingsvalley Hotel, Merlin Park, Galway City, 3rd – 5 th 2012 February 2012. 03/12 Mid – West Regional Authority 17 th Annual 12 th March 2012 Councillor G. No No Conference, Falls Hotel, Ennistymon, Co. Clare, 16 th – 17 th Horkan February 2012. 20/12 Civil Partnership and Certain Rights and 12 th March 2012 Councillor G. No No Obligations of Cohabitants Act 2010, Manor 12 th March 2012 O’Keeffe West Hotel, Tralee, Co. Kerry, 17 th – 19 th February 2012.

Conf Conference Details Approved at Councillors Conference Claim No. meeting Attended Report Form Received Received 06/12 Rattoo Heritage Society's 21st Annual Kerry 11 th June 2012 Councillor G. No No Environmental Conference, Meadowland's Hotel, Oakpark, O’Keeffe Tralee, Co. Kerry, 23 rd – 26 th February 2012. 23/12 Destination Creation: A conference on the 12 th March 2012 Councillor D. Yes N/A Thinking and practice related to Place O’Callaghan Making and Place Branding, Royal Marine 12 th March 2012 Councillor L. No N/A Hotel, Dún Laoghaire, Co. Dublin, 6th –7th March McCarthy 2012. 10 th April 2012 Councillor J. No N/A Bailey 10 th April 2012 Councillor M. No N/A Bailey 31/12 Media, Social Media & Effective Time 10 th April Councillor G. No No Management, Celtic Ross Hotel, Rosscarbery, West 2012 O’Keeffe Cork, 23 rd – 25 th March 2012. 33/12 Building Community Preparedness and 10 th April 2012 Councillor T. Fox No No Resilience: An International, National & Local Perspective, Malton Hotel, Killarney, Co. Kerry, 9th March 2012. 41/12 Nuclear Free Local Authorities Ireland Seminar – 14 th May 2012 Councillor G. No No Nuclear Developments across the Irish Sea and Horkan Sustainable Energy Communities in Ireland, Council Chamber, Dundalk Town Hall, Co. Louth, 20 th April 2012. 43/12 The Border, Midland & Western Regional Assembly 14 th May 2012 Councillor T. Fox No Yes Annual Conference 2012, TF Royal Hotel, Castlebar, Co. Mayo, 30 th April 2012. 39/12 ACCC Annual Conference 2012, Newpark Hotel, Kilkenny, 11 th June 2012 Councillor G. No No 10 th – 11 th May 2012. Horkan 11 th June 2012 Councillor B. No No Ward 51/12 Community Tourism Conference: Driving Local 14 th May 2012 Councillor G. No No Sustainable in a stagnant Global Economy, Celtic Ross O’Keeffe Hotel, Rosscarbery, West Cork, 11 th – 13 th May 2012. 73/12 32 nd Annual MacGill Summer School, Highland’s Hotel, 10 th September Councillor G. No No Glenties. Co. Donegal, 22 nd – 27 th July 2012. 2012 Horkan 77/12 Focus Ireland: International Lessons on Preventing 10 th September Councillor S. No N/A Homelessness – ‘Holding on to a place you can call 2012 Fitzpatrick home’, Vavasour Room, Aviva Stadium, Dublin, 26 th September 2012. 71/12 LAMA Autumn Seminar: The Challenge for Local 12 th November Councillor G. No No Authorities - Can we do more with less?, Mount Errigal 2012 Horkan Hotel, Letterkenny, Co. Donegal, 28 th – 29 th September 2012. 85/12 Promoting and Protecting Human Rights in Ireland – 8th October 2012 Councillor C. No N/A The Role of the Irish Constitution and European Law, Devlin Presidents’ Hall, Law Society of Ireland, Blackhall Place, Dublin 7, 13 th October 2012. 98/12 A.M.A.I. Spring Seminar 2013, Brandon House Hotel, 11 th March 2013 Councillor G. No No New Ross, Co. Wexford, 15 th – 16 th February 2013. Horkan 05/13 Association of County and City Councils Annual 11 th March 2013 Councillor B. No No Conference: “Wonderful Waterford” , Tower Hotel, Ward Waterford, 7th - 8th March 2013. 11 th March 2013 Councillor G. No No Horkan 11/13 Public Affairs Ireland Conference: A New Future for 11 th March 2013 Councillor L. No N/A Local Government in Ireland , The Westin Hotel, Dublin, McCarthy 13th March 2013.

17/13 LAMA Spring Seminar 2013: Local Authorities in 13 th May 2013 Councillor G. No No Ireland; New Challenges – New Opportunities, Ashtown Horkan Park Hotel, Gorey, Co. Wexford, 5 th – 6 th April 2013. 24/13 Global Diaspora Forum: European Strand , Fitzpatrick 13 th May 2013 Councillor S. No N/A Castle Hotel, Killiney, Co. Dublin, 14th - 15th May 2013. Fitzpatrick Councillor T. Fox No N/A

32/13 Regional Assemblies Joint Annual Conference: 1st July 2013 Councillor G. No N/A "Contribution of Cohesion and Urban Policy to O’Keffe Economic Recovery" , Royal Hospital Kilmainham, Co. Dublin, 19th June 2013. 40/13 'European Movement Ireland' , Celtic Ross Hotel, 9th September Councillor G. No No Rosscarbery, West Cork, 28th - 30th of June 2013. 2013 O’Keeffe

39/13 Training Seminar for Councillors: Local Elections 2014, 1st July 2013 Councillor G. No No West Cork Hotel, Skibbereen, Co. Cork, 12 th – 13 th July O’Keeffe 2013. 47/13 33 rd Annual MacGill Summer School: “Looking to 2016 9th September Councillor G. No No – How Stands The Republic?”, Glenties, Co. Donegal, 28 th 2013 Horkan July – 2 nd August 2013.

Conf Conference Details Approved at Councillors Conference Claim No. meeting Attended Report Form Received Received 50/13 Benefits of Job Creation – Tax Entitlements Seminar, 9th September Councillor B. No No Four Seasons Hotel, Carlingford, Co. Louth, 16 th – 18 th 2013 Saul August 2013. 56/13 VECs/Town Councils – Fetac - Fás: “The New Agenda”, 9th September Councillor M. Yes Yes Benners Hotel, Dingle, Co. Kerry. 6 th - 8 th September 2013. 2013 Bailey

41/13 AMAI 101 st Annual Conference, Inchydoney Lodge and 9th September Councillor G. No No Spa, Clonakilty, Co. Cork, 12 th - 14 th September 2013. 2013 O’Keeffe 14 th October Councillor G. No No 2013 Horkan 59/13 LAMA Autumn Seminar 2013: Local Authorities Driving 14 th October Councillor G. No No Economic Development, The Falls Hotel, Ennistymon, Co. 2013 O’Keeffe Clare, 11 th – 12 th October 2013. 14 th October Councillor G. No No 2013 Horkan 11 th November Councillor P. Yes Yes 2013 Hand 71/13 Putting People First: ’Update on its 11 th November Councillor G. No No Implementation to date’, Bunratty Castle Hotel, Bunratty, 2013 O’Keeffe Co. Clare, 25 th - 26 th October 2013. 83/13 Council Budgets, Preparation, Adoption & 14 th October Councillor B. No No Amendments, Quality Hotel, Killarney, Co. Kerry. 2013 Saul 1st - 2 nd November 2013. 73/13 Electoral, Local Governments & Planning & 9th December Councillor P. Yes Yes Development Acts 2013, The Westport Plaza Hotel, Co. 2013 Hand Mayo. 1 st - 2 nd November 2013. 69/13 Volunteer Ireland, National Volunteer Management 14 th October Councillor G. No No Conference 2013, Hilton Dublin Kilmainham Hotel, Dublin 2013 O’Keeffe 8, 6 th November 2013. 74/13 Local Authority Rates and Diminishing Returns, The 9th December Councillor T. Fox No No Connacht Hotel, Dublin Road, Galway, 8 th – 9 th November 2013 2013. 77/13 A Practical Guide to Budget 2014, Four Seasons Hotel. 9th December Councillor M. Yes Yes Carlingford. Co Louth, 8 th – 10 th November 2013. 2013 Bailey

79/13 The Effects of Budget 2014 on the Irish Economy, The 9th December Councillor P. Yes Yes Park Hotel, Clonmel, Co. Tipperary, 15 th – 17 th November 2013 Hand 2013.

84/13 Debt Solutions, The New Personal, Insolvency 14 th October Councillor G. No No Legislation, Celtic Ross Hotel, Rosscarbey, West Cork. 22 nd - 2013 O’Keeffe 24 th November 2013. 9th December Councillor T. Yes Yes 2013 Murphy 9th December Councillor M. Yes Yes 2013 Bailey 9th December Councillor B. No No 2013 Saul 94/13 Focus Ireland, 'New Solutions to Finding Homes', 9th December Councillor N. Yes N/A Vasasour Suite, Aviva Staduim, Dublin, 27th November 2013 Bhreathnach 2013. 90/13 Local Authority Employment – Law, Practice and 13 th January Councillor B. No No Procedure, The Park Hotel, Clonmel, Co. Tipperary, 6 th – 8 th 2014 Saul December 2013. 99/13 Training Seminar for Councillors: Creating and 13 th January Councillor T. Fox No No Substaining Employment at Local & Community Level, 2014 Councillor P. Talbot Hotel, Wexford , 13th - 14th December 2013. 13 th January Hand No No 2014 98/13 Putting People First, Update on Local Government 13 th January Councillor V. Yes Yes Reform to Date, Bunratty Castle Hotel, Bunratty, Co. Clare, 2014 Boyhan 13th -14th December 2013.

102/13 Elected Member’s Training Seminar: Housing grants 13 th January Councillor J. Yes Yes and schemes, The Connacht Hotel, Dublin Road, Galway 2014 Dillon Byrne City, 13th - 14th December 2013.

97/13 Tourism Technology & Competitive Strategies for 9th December Councillor G. No No 2014, Celtic Ross Hotel, Rosscarbery, West Cork, 2013 O’Keeffe 13 th - 15 th December 2013. 13 th January Councillor M. No No 2014 Bailey

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

The report of the Manager was NOTED .

11 C/37/14 Proposed Disposal of Properties

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

C/38/14 Proposed Pay & Display Parking Control Scheme - Shankill DART Station Car Park

Section 101 of the Road Traffic Act, 1961, Section 36 of the Road Traffic Act, 1994, Dún Laoghaire-Rathdown County Council Parking Control Bye-Laws, 2007-2011, and in accordance with the provisions of the Local Government Act, 2001.

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

“At its meeting in March 2013, the County Council agreed a Capital Programme for the years 2013 to 2016. The programme includes the Shankill DART Station Car Park and Open Space Development at an estimated cost of €750,000 to be financed from Council resources. The project was given Part 8 approval in 2012.

The Council has awarded a contract to Clonmel Enterprises Ltd for the improvement of Shankill DART station car park. The works will be complete and the car park will reopen in early 2014.

At its meeting on 2 nd December 2013 the Dun Laoghaire Area Committee AGREED to implement pay parking control at Shankill DART station car park from 08:00 to 19:00 hours, Monday to Friday, at a charge of €1 per hour or €3 per day.

The introduction of pay parking control is a reserved function of the Council. In order to implement the proposed parking scheme the following resolution is required:

“In accordance with Section 101 of the Road Traffic Act, 1961, Section 36 of the Road Traffic Act, 1994, Dún Laoghaire-Rathdown County Council Parking Control Bye-Laws, 2007-2011, and in accordance with the provisions of the Local Government Act, 2001, the Council resolves to implement pay parking control at Shankill DART station car park.””

A discussion took place, during which Mr. F. Austin, Director of Transportation and Water Services responded to Members queries.

The following two motions were handed up from the floor:

Motion (1) from the floor It was proposed by Councillor M. Bailey and seconded by Councillor J. Bailey And Councillor B. Saul:

“To amend parking charges to read pay for a week car parking and pay for four day at the cost of €12 instead of €15.”

Motion (2) from the floor It was proposed by Councillor C. Devlin and seconded by Councillor G. Horkan:

“After “the Council resolves to implement pay parking control at Shankill Dart Station car park” and that a review will take place within six months time once the car park has re-opened.”

A further discussion took place.

Motion (2) from the floor was WITHDRAWN .

12 It was AGREED that the Manager would examine the proposal in motion (1) from the floor and bring a report back to a meeting of the Dún Laoghaire Area Committee before the car park opens.

Motion (1) from the floor was NOT PUT .

A roll call vote on the proposed Pay and Display Parking Control Scheme – Shankill DART Station Car Park was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyhan, Victor Brennan, Aoife √ Devlin, Cormac √ Dillon Byrne, Jane √ Fox, Tony √ Halpin, Melisa √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid Pierce, Donna √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ Total: 23 3

13 An Cathaoirleach, Councillor C. Smyth declared the proposed Pay and Display Parking Control Scheme – Shankill DART Station Car Park CARRIED .

C/39/14 Traveller Accommodation Programme 2014-2018

Housing (Traveller Accommodation) Act, 1998

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

“A copy of the Draft Traveller Accommodation Programme 2014-2018 was circulated to Councillors on the 18 th October 2013 and an advertisement stating that the Draft Programme was on public display and that submissions in relations to the Draft Programme would be received until 22 nd December 2013 was placed in the local newspapers, on the Council’s website, in the Council offices and in all libraries.

The Manager’s report on the submissions received in response to the public consultation process is circulated herewith.

The Manager’s Report a) Summarises the matters contained in the submissions, b) Specifies the Council’s response to these submissions, including an indication whether the Draft Programme has been amended as a result of considering these submissions, c) Appendix 1 which includes a list of the names of the persons/organisations who made submissions.

The Draft Programme was brought to the Dún Laoghaire and Dundrum Area Committees where it was discussed on 25 th November and 2 nd December 2013 respectively. A special meeting with the Local Traveller Accommodation Consultative Committee to discuss the Draft Traveller Accommodation Programme was also held on 2 nd December, 2013.

In accordance with the provisions of the Housing (Traveller Accommodation) Act 1998 the Minister for the Environment, Community and Local Government has specified 30 th April 2014 as the latest date for the adoption of the Accommodation Programme. It is therefore recommended that the following resolution be passed:

“It is hereby resolved that this Council being the Housing Authority for the administrative County of Dún Laoghaire-Rathdown, in accordance with the provisions of the Housing (Traveller Accommodation) Act 1998, hereby adopts the Traveller Accommodation programme for the five year period 2014-2018.”

Tom McHugh Director of Housing and Community.

DRAFT TRAVELLER ACCOMMODATION PROGRAMME 2014 – 2018 CONSULTATION PROCESS SUMMARY AND RESPONSES

Introduction Dún Laoghaire-Rathdown County Council is required under the Housing (Traveller Accommodation) Act, 1998 to prepare and adopt a 5-year programme, which sets out the Council’s policy for meeting the existing and projected accommodation needs of Traveller families which will arise during the period of the Programme (i.e. 1 st January 2014 to 31 st December 2018.

14 The Minister for the Environment, Community and Local Government has directed that the latest date for the adoption of the Traveller Accommodation Programme is 30 th April 2014.

Consultation Process In accordance with the provisions of the Housing (Traveller Accommodation) Act, 1998 and the Minister’s directive, an advertisement in the Local Press notified the public that the Draft Traveller Accommodation Programme for the period 2013 to 2018 was available for public inspection. The Draft was available on the Council’s website, in all branch libraries, in the Dundrum offices and at County Hall and to neighbouring Local Authorities. Submissions in relation to the draft programme could be made up to and including the 22 nd December 2013.

In addition, in order to facilitate meaningful consultation with Travellers and their representatives a special sitting of the Local Traveller Accommodation Consultative Committee took place on 7 th October, 2013 where the procedures and criteria for conducting the assessment of needs for the proposed Draft Programme were discussed. A further meeting of the Committee took place on 2 nd December, 2013 to discuss the Draft Programme.

The closing date for submissions on the Draft Programme was 22 nd December 2013 and a total of 147 submissions were received by the closing date. The following is a summary of the number of submissions received:

Site Individual Residents Other Total Associations Organisations Enniskerry 1 1 Mount Anville 92 1 93 Pottery Road 3 1 4 Stillorgan Grove 38 4 1 43 West Pier 1 1 Overall 2 2 1 5 Total 136 8 3 147

A list specifying the names of the person/organisations making submissions is available in Appendix 1. A petition signed by 120 individuals accompanied a submission from one Resident’s Association in relation to the proposed Stillorgan Grove site. Another petition signed by 186 people accompanied a submission calling for the Mount Anville site to be sold in order to fund Glenalbyn Swimming Pool.

Nine individual submissions were received after the closing date. These submissions related to issues already raised in submissions received in advance of the deadline for submissions and are dealt with in this report.

A number of submissions received in relation to the proposed Mount Anville and Stillorgan Grove sites were in the form of a circular letter signed individually. Further to this there was considerable duplication of subject matter in the various submissions, however, it was possible to identify and summarise the substantive issues raised and to give the Council’s response in relation to same. The following report summarises the issues raised as follows:

ENNISKERRY ROAD 1.1 One submission was received on the proposed Enniskerry Road scheme stating an objection to the scheme on the grounds of being a property owner in the area.

Response: It is the Council’s experience that Traveller specific accommodation, which are small in number and well supervised receive very little adverse comment from the public and have little impact on property values in these areas.

Taking into account the Department’s design guidelines and the Council’s overall policy of building small grouped housing scheme, which can be maintained with greater ease, it is not

15 expected that the valuation of residential property will be adversely affected.

MOUNT ANVILLE: 2.1 For economic reasons, the Mount Anville site should be sold and funds used to boost Council resources and purchase sites elsewhere.

Response: The location of the proposed Traveller Accommodation site was identified in the previous three Traveller Accommodation programmes i.e. 2000 – 2004 programme; 2005 – 2008 programme and the 2009 – 2013 programme. In identifying sites, consideration was given to the distribution of sites throughout the County, the availability and size of each plot of land identified, size of site required and its suitability in terms of water, drainage and road access among other requirements such as access to shops, schools etc.

It is considered that the proposed site at Mount Anville is suitable for the location of Traveller specific accommodation. Any proposal to develop the site will go through the Part 8 Planning process. 2.2 The unsuitability of the site given its proximity to schools in the area.

Response: All traveller specific accommodation is designed in accordance with the Department of Environment, Community and Local Government guidelines, which set out best practice in relation to traveller specific accommodation design. Each scheme is subject to approval under Part 8 of the Planning and Development Regulations 2001. 2.3 Impact on local residents - property devaluation

Taking into account the Department’s design guidelines and the Council’s overall policy of building small grouped housing scheme, which can be maintained with greater ease, it is not expected that the valuation of residential property will be adversely affected.

2.4 Likelihood of Anti-social behaviour

Response: The Council has very robust policies, objectives and strategies in combating anti-social behaviour and works closely with An Garda Siochána in following up complaints about anti- social behaviour.

2.5 The nearby UCD proposed scheme makes the allocation of Traveller Accommodation sites in the area disproportionately high

Response: The total number of proposed units between the two proposed sites of Mount Anville and UCD (ten units) is not considered excessive. Furthermore, the electoral area in question currently has no traveller accommodation units in situ as opposed to all other electoral districts in Dún Laoghaire-Rathdown.

2.6 The preferred location of the proposed Roebuck Road site should be within the boundaries of U.C.D.

Response: In 2005 the Council informed U.C.D. of the motion passed at the Council meeting in April 2005 i.e. “ Due to the proximity of the proposed Traveller Accommodation on U.C.D. lands

16 to the Mount Anville site, the Council in its negotiations with U.C.D. must ensure to do its utmost to relocate the Traveller accommodation symbol (and associated development), preferably to a site adjacent to the city boundary at Beech Hill.” The Council anticipated that this site will be delivered under a Part V agreement. During negotiations, the Council will review all other options.

2.7 Consultation with residents

2.8 NAMA properties should be used to provide Traveller accommodation

Response: The Housing (Traveller Accommodation) Act, 1998 requires Housing Authorities to prepare and adopt a 5-year programme to meet the existing and projected accommodation needs of Travellers. The Assessment of Needs indicated both existing and projected need for Traveller specific accommodation. This proposed programme sets out to satisfy the need assessed.

Privately owned residential developments or private rented residential dwellings are not Traveller specific accommodation as proposed in this programme.

2.9 Traffic grounds -traffic hazard

Response: The location of the site within the lands in the Council’s ownership will be decided at design stage at which time Dún Laoghaire-Rathdown’s Transportation Department will evaluate the point of access and determine the optimum location. Any proposed development by the Council of the site will go through the Part 8 planning process.

2.10 Positive discrimination – children of local residents cannot afford to live in the area and the future accommodation needs of 14 year olds

Response: The Housing (Traveller Accommodation) Act, 1998 requires Housing Authorities to prepare and adopt a 5-year programme to meet both the existing and projected accommodation needs of Travellers.

The Assessment of Need survey undertaken by the Dún Laoghaire-Rathdown Traveller Accommodation Unit in September 2013 has identified a need for Traveller specific accommodation. The draft programme proposes to locate sites throughout the County.

2.11 Likely difficulties Travellers will face integrating into area

Response: Many Travellers have expressed a preference for Grouped housing and Halting Sites to accommodate their families as is their traditional way of living. Traveller specific accommodation schemes are designed and built in accordance with the Department of the Environment, Community and Local Government guidelines which set out best practice in relation to traveller specific accommodation design.

2.12 Impact on Environment – visual impact and impact on local amenities.

Response: It is not accepted that there will be a negative impact on the local environment. The construction of Traveller accommodation is carried out to a high standard and in accordance with Part 8 Planning Regulations. Dún Laoghaire-Rathdown County Council closely monitors the estate management of its Grouped Housing schemes and Halting Sites within its administrative area.

POTTERY ROAD: 3.1 Impact on local residents - property devaluation

3.2 Likelihood of Anti-social behaviour

3.3 The proposed scheme makes the allocation of Traveller Accommodation sites in the area disproportionately high

Response: The total number of proposed units on the proposed site on Pottery Road (five units) is not considered excessive.

3.4 Travellers should be integrated into area through standard housing

3.5 Noise problems for travellers in industrial area

Response: Pottery Road already accommodates both residential accommodation as well as industrial units. It is not accepted that noise will have a negative impact on residents on this site.

3.6 Enforcing minority discrimination

Response: As part of the Assessment of Need survey many Travellers have expressed a preference for Grouped housing and Halting Sites to accommodate their families as it is their traditional way of living.

18 STILLORGAN GROVE: 4.1 Due to the acquisition costs, the site at Stillorgan Grove should be dropped from the programme

Response: The location of the proposed Traveller Accommodation site was previously identified in the previous three Traveller Accommodation programmes i.e. 2000 – 2004 programme; 2005 – 2008 programme and the 2009 – 2013 programme. In identifying sites, consideration was given to the distribution of sites throughout the County, the availability and size of each plot of land identified, the various family formations and size of site required and its suitability in terms of water, drainage and road access among other requirements such as access to shops, schools etc.

It is considered that the proposed site at Stillorgan Grove is suitable for the location of Traveller specific accommodation. Any proposal to develop the site will go through the Part 8 Planning process which includes a public consultation procedure.

4.2 Unsuitability of site -impact on services of hospital and its environs

Taking into account the Department’s design guidelines and the Council’s overall policy of building small grouped housing scheme, which can be maintained with greater ease, it is not expected that the services or environs of the hospital will be adversely affected.

4.3 Objective TA symbol does not amount to land use zoning

Response: There is no change in the location of the proposed Traveller Accommodation site at Stillorgan Grove in the Traveller Accommodation Programme 2014-2018. However, the type of proposed accommodation has changed from a six bay halting site to a six unit grouped housing scheme. This site has been identified as potential traveller accommodation site since 2000 and a TA symbol has been on the County Development Plan for a similar length of time and the required zoning exists.

Part 8 of the Planning and Development Regulations, 2001 which allows for public consultation and inputs from all relevant aspects of the Council i.e. Traffic, Environment, etc. will be adhered to when the scheme is being considered for development and when detailed drawings and information are available.

4.4 Impact on environment: amenities, biodiversity, structure, archaeology, dumping

4.5 Flooding potential – Maretimo stream

Response: Any design and construction process will involve full consultation with the Environmental Department of Dún Laoghaire-Rathdown County Council.

4.6 Traffic grounds: access to N11 and parking problems in the area

Response: The location of access to the site will be decided at design stage at which time Dún Laoghaire-Rathdown’s Transportation Department will evaluate the point of access and determine the optimum location.

4.7 Impact on local residents –elderly residents and property devaluation

4.8 Likelihood of Anti-social behaviour

4.9 Immediate area already has high density of population

Response: Notwithstanding the number of apartments which were constructed in the area during the past decade, the Council does not accept that the addition of 6 dwellings under this Programme will significantly affect the housing density of the area.

4.10 Positive discrimination – children of local residents cannot afford to live in the area

4.11 Development proposals by St. John of God Hospital and Grounds:

Response: This site is not in Council ownership and consultation has not commenced on the process of acquiring the site. However, the provision of Traveller Accommodation at this location is an objective of the County Development Plan and the Traveller Accommodation Programme for some time. Any plans to develop the area should be mindful of these objectives.

4.12 Lack of specific information on site

Response: It was an objective of the Council’s Traveller Accommodation Programme (2009-2013) and

20 the County Development Plan (2010-2016) to provide traveller accommodation at Stillorgan Grove. The Draft Traveller Accommodation Programme 2014-2018 also includes the objective of traveller accommodation at Stillorgan Grove, but the new draft programme has proposed a six unit grouped housing scheme in place of the previously proposed six bay halting site proposal.

The development plan identifies sites for traveller accommodation by depicting a "TA" symbol on the site, however this depiction is indicative only. The exact location of traveller accommodation units could only be clearly given when detailed design work has taken place. In the case of the Stillorgan Grove site, the exact location, services arrangements and access details have not been the subject of any detailed design work, and cannot be supplied as requested.

There has not been any separate or specific consultation with any of the landowners of the sites or lands affected. The Stillorgan Grove site is not within the ownership of the Council, and the Council has not yet commenced the process of acquiring the site from the Brothers of St. John of God’s.

4.13 Reference to leaflet distributed in area

Response: Some submissions relating to the Stillorgan Grove site referred to the distribution of a leaflet in the area purporting to come from the Council and incorrectly giving the final date for submissions as 22 December 2014. The Council has not issued any leaflets in relation to this Draft Traveller Accommodation Programme.

4.14 Change from halting site to grouped housing unexplained

Response: As part of the Assessment of Need which was carried out during the preparation of the Draft Programme, the net requirement for halting site accommodation has reduced in favour of grouped housing. The proposed number of units has not changed. Six units were proposed in previous Traveller Accommodation Programmes.

4.15 Over-estimation of need

Response: The Assessment of Need survey undertaken by the Dún Laoghaire-Rathdown Traveller Accommodation Unit in September 2013 has identified a need for Traveller specific accommodation. The draft programme proposes to locate sites throughout the County to meet this need.

4.16 NAMA properties and Private Rented Accommodation should be used to provide Traveller accommodation

Privately owned residential developments or private rented residential dwellings are not Traveller specific accommodation as proposed in this programme.

WEST PIER: 5. Development of West Pier

Response: The existence of a temporary site and the provision of a permanent site at the West Pier has been an objective of the County Development Plan and the Traveller Accommodation Programmes since 2000. Any plans to develop the area should be mindful of these objectives.

OVERALL:

6.0 Over estimation of requirements

6.1 Lack of demand for halting sites

Response: The accommodation proposed in the Programme, both Group Housing and Halting Site bays, is based on the assessment of needs carried out when preparing the draft programme.

6.2 Lack of dependence on Private Rented Accommodation

6.3 Distinct ethnic identity of Traveller to be acknowledged and respected

Response: Travellers are defined under the Employment Equality Act, 1998 and the Equal Status Act, 2000 as “the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.”

However, they are not recognised as a distinct ethnic group in Ireland.

6.4 Confusion regarding Indigenous Travellers

Response: The Council regard a traveller household as “indigenous” where the household has been permanently resident in the county for at least three years immediately prior to the adoption of Dún Laoghaire-Rathdown County Council’s Traveller Accommodation Programme 2014- 2018.

6.5 Priority to be given for homeless/private rented

Response: As part of the Assessment of Need carried out in the preparation of the Draft Traveller Accommodation Programme 2014-2018 persons in both homeless and private rented accommodation were contacted to ascertain their housing accommodation requirements. Of the 24 people contacted, there was one response in each category and they both indicated a preference for Standard Housing.

6.6 Some proposed sites not in Council ownership

Response: The location of the proposed Traveller Accommodation sites was previously identified in the previous programmes. In identifying sites, consideration was given to the distribution of sites throughout the County, the availability and size of each plot of land identified, the various family formations and size of site required and its suitability in terms of water, drainage and road access among other requirements such as access to shops, schools etc.

It would not be practicable or feasible to deliver the proposed traveller accommodation units in the appropriate locations if the sites were confined to lands owned by the Council.

Where sites are not within the ownership of the Council negotiations will be entered into with the owners to acquire the lands by agreement, failure to agree terms to acquire the lands may require compulsory acquisition procedures.

6.7 Inclusion of Transient sites as part of Assessment

Response: The criteria used for the assessment of needs was agreed in advance with interested groups. It is acknowledged that families would not choose to live on a transient site and for that reason, their preferences were ascertained as to whether they would like to have a transient site in the county. The majority of families surveyed expressed a wish not to have a transient site in the county.

6.8 Permanent Halting sites to be small, and designed to accommodate locally defined, specific, family groupings

Response: It is the Council’s experience that Traveller specific accommodation, which are small in number and well supervised work best. Coupled with this is the desire to maximise the use of available land and for that reason the Council’s desire for permanent halting sites to be no more than 5 bays.

Traveller specific accommodation is constructed to meet the need of Travellers in need of accommodation and it is not the policy of the Council to design accommodation for specific family groupings.

6.9 Deadline for submissions

Response: Direction as to the preparation of the Programme issued under Circular letter Housing 26/2013 from the Minister for Environment, Community and Local Government together with a “Memorandum on the Preparation, Adoption and Implementation of the Local Authority Traveller Accommodation Programmes 2014-2018. Under Section 9 (1) (c) of the Traveller Accommodation Act, 1998 the latest date for receipt of written submissions was given as 22 nd December, 2013 following a two month period for making submissions.

Recommendation:

It is proposed to proceed with the Draft Traveller Accommodation Programme without modification

23 APPENDIX 1 First name Surname SiteRef Issues JENNIFER DALY ENNISKERRY Owns property in the area ROAD DANIEL BROWNE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE devaluation of property in the area

PAULA JENNINGS MOUNT Site should be sold and used to fund the purchase of other sites, use ANVILLE NAMA properties DENISE & TWOMEY MOUNT Valuable site, sell and use assets to fund local services. SEAN ANVILLE BARBARA & LEAHY MOUNT Prime site, inefficient use of public funds,sell site and buy less expensive MICHAEL ANVILLE sites, devaluation of properties, positive discrimination, consultation with residents, use NAMA properties MARK MATHEWS MOUNT Valuable site, sell site and use funds for elderly Use NAMA properties ANVILLE DONALL KING MOUNT Valuable site, inefficient use of public funds, sell site and use to fund other ANVILLE sites. GEAROID O'KEEFFE MOUNT Valuable site, sell the site and buy other sites, Roebuck Road site should ANVILLE be within boundaries of UCD. Identify another site in Ward. Should not be a halting site. PAUL MCKINNEY MOUNT Site should be sold and used to fund the purchase of other sites, positive ANVILLE discrimination for 14 year olds. Consultation with residents, use NAMA properties JOHN & REDMOND MOUNT Site should be sold and used to fund the purchase of other sites. CLAIRE ANVILLE Consultation with residents GERALD POWER???? MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties P DINEEN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties, MARGARET CREEVY MOUNT Valuable site, inefficient use of public funds ANVILLE J. BERNARD HURLEY MOUNT Site should be sold and used to fund the purchase of other sites ANVILLE JOHN H. MCFARLANE MOUNT Impact on property values in the area, inefficient use of public funds, ANVILLE SEAN QUINN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties EOGHAN MOONEY MOUNT Site should be sold, economic grounds, positive discrimination, density of ANVILLE traveller sites in area. EDMOND MCGUIRE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties JAMES MCGEE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties H HURLEY MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties GERALDINE LINEHAN MOUNT Site should be sold and used to fund the purchase of other sites, A ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties TONY & DOHENY MOUNT Site should be sold and used to fund the purchase of other sites, FRANCES ANVILLE consultation with residents STEPHEN & SHEEHAN MOUNT Site should be sold and used to fund the purchase of other sites, effect on ANNE ANVILLE amenities in area, consultation with residents,

PAUL QUIGLEY MOUNT Consultation with residents, lack of detailed information. ANVILLE JILOO AND RAJAN MOUNT Site should be sold and used to fund the purchase of other sites. JACOB ANVILLE Consultation with residents PAT MCCARTAN MOUNT Sell the site and use as income ANVILLE MARY GREENE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties

24 NIALL CARNEY MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties IRENE WILSON MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties IRENA LEAHY MOUNT Cost, sell the site and buy other sites, positive discrimination, ANVILLE consultation, use NAMA properties DERMOT CURRAN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE consultation with residents EDWARD HARRIGAN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties CATHERINE STEWART MOUNT Site should be sold and used to fund the purchase of other sites, affect on ANVILLE property values, use NAMA properties

JOE & JOYCE MAGUIRE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties C O'BUACHAIN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties HUGH MONAGHAN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties EAMONN LAUNDERS MOUNT Site should be sold and used to fund the purchase of other sites ANVILLE MARY GIBLIN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties JOHN KELLY MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE proximity to school, affect on amenities, traffic hazard, positive discrimination MICHAEL & HOOPER MOUNT Economic grounds, consultation with residents DEIRDRE ANVILLE

MARY & CORBETT MOUNT Economic grounds, positive discrimination, consultation with residents, PADDY ANVILLE use NAMA properties NIALL & CORBETT MOUNT Economic grounds, positive discrimination, consultation with residents, KATYA ANVILLE use NAMA properties VINCENT & CAFFREY MOUNT Site should be sold and used to fund the purchase of other sites, PATRICIAQ ANVILLE

PETER DOWLING MOUNT Sell the site, affect on property prices in the area MICHAEL ANVILLE HELEN PURCELL MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties KARENA O'SULLIVAN MOUNT Cost and inefficient use of resources, consultation with residents ANVILLE MARIAN CRONIN MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents MATTHEW TWOMEY MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents GERARD NOLAN MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents JANET TWOMEY MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents ORLA MURRAY MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents BRIAN NOLAN MOUNT Site should be sold and used to fund the purchase of other sites,inefficient ANVILLE use of public funds, positive discrimination,use NAMA properties, consultation with residents JOAN AUSTEN MOUNT Sell site, inefficient use of public funds, positive discrimination, ANVILLE consultation with residents, use NAMA properties

25 MICHAEL QUINN MOUNT Evaluate cost of alternative sites by independent surveyors to determine ANVILLE opportunity costs GER O'TOOLE MOUNT Valuable site, inefficient use of public funds, unit cost of accommodation, ANVILLE sell site and buy other sites,consultation with residents, use NAMA properties JOHN O'REILLY MOUNT Prime site, inefficient use of public funds,sell site and buy less expensive ANVILLE sites, devaluation of properties, positive discrimination, consultation with residents, use NAMA properties PETER KELLY MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties JAMES & LOGAN MOUNT Site should be sold and used to fund the purchase of other sites, YVONNE ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties JOHN H. TONGE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties PAUL MAHER MOUNT Sell the site and house in other area ANVILLE ILLEGIBLE SIGNATURE MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties GERALDINE ? MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation, use NAMA properties MICHAEL & FLOOD MOUNT Positive discrimination, cost of accommodation, unfair advantage over ITA ANVILLE local children. MARK MATTHEWS MOUNT Anti-social behaviour, concerns for Health & Safety, Unsuitable location - ANVILLE proximity to schools, elderly residents

DERRY DURAND MOUNT Site should be sold and used to fund the purchase of other sites ANVILLE PETER KELLY MOUNT Site should be sold and used to fund the purchase of other sites ANVILLE COLM DALY MOUNT Traffic hazard. Health & Safety, proximity to school, elderly residents, sell ANVILLE site and use as income EDWARD LYONS MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, consultation,use NAMA properties JOHN O'BRIEN MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE devaluation of property in the area

CONOR & MCCARTHY MOUNT Visual impact, effect on character of neighbourhood, noise and HILARY ANVILLE disturbance JEREMIAH & HANRAHAN MOUNT Site should be sold, devaluation of local houses TERESA ANVILLE

PETER & DOWLING MOUNT Economic grounds, disadvantage to residents. BRENDA ANVILLE KEVIN & MURPHY MOUNT Site should be sold and used to fund the purchase of other sites. JUNE ANVILLE Consultation with Residents Association

PATRICK MCCARTAN MOUNT Sell the site and use funds to keep Glenalbyn Pool facility. ANVILLE MINEY MOUNT Family moved from area where there were proposals for a traveller site. FAMILY ANVILLE sensitive area, locals not in support.

EDMOND & NUGENT MOUNT Impact on residents, inefficient use of resources. MAUREEN ANVILLE

OLIVE GALLAGHER MOUNT Prime site, sell, impact on property values in the area. ANVILLE BRENDAN GALLAGHER MOUNT Integration difficulties for Travellers on this site, stress to Travellers to ANVILLE live here. BERNADETTE DOHENY MOUNT Economic grounds, traffic hazard. ANVILLE DECLAN & MCKEON MOUNT Impact on value of property, site should be sold and used to fund the GWEN ANVILLE purchase of other sites, unfair burden on residents in area

ARDILEA RESIDENTS MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if DOWNS ASSOCIATION ANVILLE site becomes traveller accommodation, use NAMA properties

26 MAIREAD LAUNDERS MOUNT Site should be sold and used to fund the purchase of other sites ANVILLE HUGH GREENE MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if ANVILLE site becomes traveller accommodation, use NAMA properties

TIMOTHY & MAHER MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if MARIE ANVILLE site becomes traveller accommodation

EIMEAR GREENE MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if ANVILLE site becomes traveller accommodation, use NAMA properties

PATRICIA O'CONNOR MOUNT Economic grounds ANVILLE GERALDINE JENNINGS MOUNT Sell site and use as income, perceived anti-social behaviour, Health & ANVILLE Safety. PATRICK BENSON MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if ANVILLE site becomes traveller accommodation, use NAMA properties

CLARK & ROBINSON MOUNT Cost and inefficient use of resources, consultation with residents CORA ANVILLE JOAN LUIZZI MOUNT Cost & inefficient use of taxpayers resources, traffic flow, visual aspect if ANVILLE site becomes traveller accommodation, use NAMA properties

PAULA JENNINGS MOUNT Site should be sold and used to fund the purchase of other sites, ANVILLE economic grounds, positive discrimination, use NAMA properties

FRANK VAUGHAN MOUNT Cost & efficient use of taxpayers resources, traffic flow, visual aspect if ANVILLE site becomes traveller accommodation

MOUNT RESIDENTS' OVERALL Permanent housing as standard, over estimation of requirements, no MERRION ASSOCIATION demand for halting sites,lack of dependence on private rented, 2 proposed sites in area, traffic issues, sell site and buy elsewhere

BRENDAN KEANE OVERALL Sell valuable sites and use funds to improve standards for existing travellers. Favourable discrimination, density of proposed sites in area, anti-social behaviour, consultation with residents BREDA & SKERRITT OVERALL Reference to notice. Lack of specific information on site. DAVID PALMS OVERALL Over estimation of need, lack of specific information on sites, consultation RESIDENTS with residents, concentration of sites in small area, integration with community, sell Mount Anville site and purchase other sites

SOUTHSIDE ACTION OVERALL Traveller Ethnicity, indigenous Travellers, priority for homeless/private TRAVELLERS GROUP rented, ownership of proposed sites, transient sites, density of halting sites, consultation DOROTHY DARKER POTTERY Impact on neighbourhood, should be standard housing quality matching ROAD the area, integration into community, use NAMA properties, noise problems in industrial area CLONKEEN GROVE POTTERY Density of traveller sites in area, integration into community CRESCENT & RESIDENTS ROAD ASSOC. RYAN STERN POTTERY Integration into community, impact on local area, positive discrimination ROAD PAT SLOWEY POTTERY Security issues, fear, devaluation of property, other halting sites in the ROAD area, integration into community.

MARIANNE KEHOE STILLORGAN Lack of specific information on site, flooding potential, environmental GROVE impact, traffic issues, services provided by hospital, positive discrimination ORLAGH MCCORMICK STILLORGAN Unsuitability of site, impact on hospital GROVE KEN BARRY STILLORGAN Unsuitability of stie, traffic issues, flooding potential, use NAMA GROVE properties, traveller lifestyle, impact on hospital,impact on property values, consultation with residents, flooding potential JOHN & NOLAN STILLORGAN Traffic issues, cost of land, services provided by hospital MARY GROVE JAMES MCELVANEY STILLORGAN Affect on services provided by hospital, apartment blocks in area, traffic GROVE issues. MARY & PRINGLE STILLORGAN Pays property tax, No wish to have travellers living in the neighbourhood. ASHLEY GROVE JIM DEENEY STILLORGAN Traffic issues, cost of land GROVE SHEVAUN MCNALLY STILLORGAN Economic grounds, services provided by hospital, affect on properties,

27 GROVE affect on amenities WILLIAM A EGAN STILLORGAN Traffic issues, housing density in area, services provided by hospital, GROVE property devaluation ST JOHN OF STILLORGAN Impact on services of hospital, unsuitability of site, traffic issues, flooding GOD GROVE potential, environmental impact, development proposals, planning issues, lack of specific information, anti-social behaviour, will challenge C.P.O.

MARTIN & LEAHY STILLORGAN Traffic issues, housing density in area, services provided by hospital, CATHLEEN GROVE property devaluation

YVONNE LEONARD STILLORGAN Impact on properties, flooding potential, cost of acquiring site, access to GROVE site, traffic issues, consultation with residents, flooding potential

MARK NOLAN STILLORGAN Impact on hospital, access, parking, traffic issues GROVE KEVIN O'BRIEN STILLORGAN Zoning, consultation, Development Plan, integration into community, anti- GROVE social behaviour, traffic issues, impact on hospital activities,structure and archaeology; biodiversity JAMES MCKENNA STILLORGAN Unsuitability of site, impact on services of hospital, use NAMA properties, GROVE consultation with residents, deadline for submissions, lack of information of site, change of use to grouped housing, cost analysis

CLARE & BARRETT STILLORGAN Reference to leaflet, Traveller accommodation already in area, integration DAN GROVE into community, rubbish, health and safety, affect on property prices, cost of land, density of site. MICK BURKE STILLORGAN Site not suitable for travellers lifestyle, traffic issues, impact on amenities GROVE in the area, cost of land, impact on hospital, temporary site not suitable.

JUSTIN MCKENNA STILLORGAN Flooding potential, consultation process, lack of information on site, traffic GROVE issues, environmental impact, dumping, overcrowding on Traveller sites, impact on services of hospital, unsuitablility of site, deadline for submissions TOM MURRAY STILLORGAN Undermines the service provided by hospital, density of site, consultation GROVE with residents, economic grounds, traffic hazard, Unsuitability of site

MAEVE QUINN STILLORGAN Impact on residents, positive discrimination, indigenous, consultation, GROVE flooding TRICIA CROWE STILLORGAN Unsuitability of site, impact on hospital GROVE SUZANNE CLEAR STILLORGAN Consultation, affect on amenity, unsuitable location, traffic, impact on GROVE hospital. JOHN & GALLAGHER STILLORGAN Quota of marginalised people already in area, parking problems, density LUCY GROVE of development in area, consultation with residents

GERRY O'REILLY STILLORGAN Unsuitability of site GROVE MAURA LAWLER STILLORGAN Concerns for local amenities, rubbish, positive discrimination, flooding GROVE potential DIANA MCGLADE STILLORGAN Suitability of site, visual impact, devaluation of property, rubbish, anti- GROVE social behaviour. Flooding potential

CORMAC O'SULLIVAN STILLORGAN Impinge on green area GROVE JUSTIN MCKENNA STILLORGAN Consultation with residents, lack of specific information, inefficient use of GROVE public funds, impact on hospital, flooding potential

DAVID KELLY STILLORGAN Impact on services of hospital, public consultation, inefficient use of public GROVE funds, density of site, change from halting site to grouped housing, lack of specific information on site BILLY & MCCARTHY STILLORGAN Traffic issues, housing density already in area, area has already embraced CATHY GROVE diversity, cost. MARTIN ROUINE STILLORGAN Inefficient use of public funds, limited access options, lack of specific GROVE information on site, traffic issues

NIALL & GARVEY STILLORGAN Reference to public notice, lack of time to prepare submission ANNE MARIE GROVE

LISA FOSTER STILLORGAN Impinge on green areas in Stillorgan area. GROVE JOHN & DOHERTY STILLORGAN Density of site, cost of site, anti-social behaviour, consultation, lack of CATHERINE GROVE specific details

28 ALBERT ALLISON STILLORGAN Impact on services of hospital, change from halting site to traveller GROVE accommodation, lack of specific information

BELINDA & ROHAN STILLORGAN Deadline for submissions, consultation with the public, lack of specific PAUL GROVE information on site, access to site, traffic issues, inefficient use of public funds, impact on hospital, flooding potential, NEW STILLORGAN Impact on services provided by hospital, anti-social behaviour, dumping, STILLORGAN GROVE flooding potential, visual impact on environment, flooding potential, GROVE RA CARYSFORT STILLORGAN Consultation, lack of specific information on site, traffic issues, inefficient DOWN GROVE use of public funds, impact on hospital, flooding potential, petition RESIDENTS

JIM KELLY STILLORGAN Supporting other submissions, impact on services provided by hospital, GROVE cost. FARMLEIGH ASSOCIATION STILLORGAN Impact on services provided by hospital, density of site, consultation with RESIDENTS GROVE residents, land costs, traffic issues

AIDAN CRONNELLY STILLORGAN Over estimation of need, consultation with residents, private rented GROVE accommodation should be used, criteria for site selection not clear, environmental impact assessment not undertaken ANNA & SHANNON STILLORGAN Unsuitability of site, impact on hospital, flooding potential RAYMOND GROVE

ELAINE CLEAR STILLORGAN Security and anti-social behaviour, affect on elderly residents GROVE JOE CARR STILLORGAN Impact on hospital, density of traveller accommodation in area, parking GROVE and traffic issues. Density of accommodation in area.

DUN HARBOUR WEST PIER Temporary site - alternative should be found, vehicular access in private LAOGHAIRE COMPANY ownership, re-development programme for area,

Draft Traveller Accommodation Programme 2014 – 2018

Table of Contents

Introduction 4 1.0 Policy Statement 4 2.0 Review of the Traveller Accommodation Programme 2009-2013 6 2.1 Accommodation Needs 2009 - 2013 6 2.2 Provision of Accommodation 2009-2013 6 2.3 Refurbishment Programme of accommodation 2009-2013 7 2.4 Constraints on implementing the Traveller Accommodation Programme 2009- 2013 7 2.4.1 Site ownership 7 2.4.2 Economic downturn 8 2.4.3 Resources 8 3.1 Introduction 8 3.0 Assessment of Need for 2014 – 2018 Programme 8 3.2 Existing Traveller Accommodation Needs 9 Total 9 3.3 Assessment of future accommodation needs 10 3.3.1 Introduction 10 3.3.2 Migration 11 3.4 Conclusions from Assessment 11 3.4.1 Introduction 11 3.4.3 Casual Vacancies 12 4.0 Meeting Identified Needs 12 4.1 Traveller Specific Accommodation 12 4.2 Temporary/Emergency Halting Sites 14 4.3 Design of halting sites 14 4.4 Standard Local Authority Housing 14 4.5 Private Rented 14 4.6 Transient Sites: 2014-2018 14

29 4.7 Refurbishment Programme 15 5 Consultation 15 5.1 Introduction 15 5.2 Submissions 15 5.3 Local Traveller Accommodation Consultative Committee 15 5.4 Community/Interest Groups 15 5.5 Traveller Accommodation Unit 15 5.6 Emergency Situation 16 6.0 Management and Maintenance 16 6.1 Introduction 16 6.2 Tenancy Agreement 16 6.3 Anti Social Behaviour 16 6.4 Rent 16 6.5 Pre let repairs 17 6.6 Maintenance Requests 17 6.7 Tenant Responsibilities 17 6.8 Tenant Participation in Estate Management 17 6.9 Accommodation Working Group 17 6.10 Resident/Community Groups 17 7.0 Unauthorised Sites 18 8.0 Other Matters 18 8.1 Support 18 8.2 Local Travellers Accommodation Consultative Committee 18 8.3 Strategic Policy Committee 18 8.4 Interagency Strategy “ Better Services for Travellers” 18 8.5 Promotion of Policy 18 8.6 Support Resources 18 9.0 Strategy and Implementation Statement 19 9.1 Introduction 19 9.2 Provision of Accommodation 19 9.3 Annual Targets 20 10 Review of 2014 – 2018 Traveller Accommodation Programme 20 APPENDIX A Definitions 21 APPENDIX B Existing and Proposed Sites 22 APPENDIX C MAP 23 APPENDIX D Memorandum 24 Directions by the Minister 31 Direction of the Minister 37 Procedures 44 August/September 2013 44 September, 2013 44 Sept/October 2013 44 October, 2013 44 22 October 2013 44 22 December, 2013 44 30 January, 2014 44 30 April, 2014 44 20 May, 2014 44 21 June, 2014 44

Introduction The Housing (Traveller Accommodation) Act, 1998 requires Housing Authorities, to prepare and adopt a 5-year programme, or for such shorter period as the Minister may direct, to meet the existing and projected accommodation needs of Travellers. Under the provisions of this Act, Dún Laoghaire-Rathdown County Council is required to prepare and adopt a new Traveller Accommodation Programme.

30 The current Accommodation Programme covers the period 1 st January 2009 to 31 st December 2013 and the new Programme will cover the period from 1st January 2014 to 31st December 2018 inclusive.

Direction as to the preparation of the new Programme issued under Circular letter Housing 26/2013 from the Minister for Environment, Community and Local Government together with a “Memorandum on the Preparation, Adoption and Implementation of Local Authority Traveller Accommodation Programmes 2014-2018. The Minister has directed that the latest date for the adoption of the Programme is 30th April 2014 . Appendix D of this Programme sets out the guidelines and timescales for various stages for the preparation and adoption of the Programme as indicated in the Memorandum.

The Council’s current Traveller Accommodation Programme 2009-2013, which was adopted in March 2009, has been reviewed as part of the preparation of this Accommodation Programme.

1.0 Policy Statement • It is the Council’s policy to ensure that all halting sites and grouped housing schemes will be managed and maintained to a high standard. The Council will continue with its programme of work to improve the standard of existing permanent Traveller specific accommodation and where necessary the upgrading of such accommodation. Dún Laoghaire-Rathdown County Council will continue to provide a comprehensive range of on- site services to Travellers including cleaning services, waste disposal, site maintenance services and a mobile caretaker service.

• The Accommodation Programme will operate within the context of relevant legislation which includes: Housing (Traveller Accommodation) Act 1998 Housing (Miscellaneous Provisions) Act 2002 Local Government Act 2001 The Planning & Development Acts 2000-2006 as amended. Equal Status Acts 2000-2004 as amended

• Dún Laoghaire-Rathdown County Council will continue to engage on all Traveller issues through the local Traveller Accommodation Consultative Committee, Inter Agency Groups, National Organisations, Local Advocacy Groups.

• It is Dún Laoghaire-Rathdown County Council’s policy to provide traveller specific accommodation for the county’s indigenous Travelling Community. The Council regard a traveller household as “indigenous” where the household has been permanently resident in the county for at least three years immediately prior to the adoption of Dún Laoghaire- Rathdown County Council’s Traveller Accommodation Programme 2014-2018.

However, this does not preclude members of the Travelling Community not assessed for 2014-2018 Programme from applying for Traveller specific or Standard housing accommodation .

• Unauthorised encampments will be dealt with in accordance with the appropriate legislation.

• Nothing in this Programme shall prevent the Manager from exercising the powers conferred under Section 2(9) of the City and County Management (Amendment) Act 1955, (as amended by Section 27 of the Housing Act 1988) and Section 24 of Housing (Traveller Accommodation) Act 1998 in an emergency situation.

• The issue of transient sites has been discussed with the Traveller organisations, and at meetings of the LTACC. It is the view of Dún Laoghaire-Rathdown that transient sites should only be provided (if necessary) following the full provision of the Traveller specific

31 housing requirement of Travellers indigenous to the Dún Laoghaire-Rathdown area.

It is proposed to continue discussing with the other Dublin Local Authorities the need for and, if necessary, identify suitable locations for such provision in order to provide for a co- ordinated approach to provision in the Dublin region.

• Anti-social behaviour impacts negatively on local residents, the wider community and Dún Laoghaire-Rathdown County Council staff. Anti-social behaviour such as, but not limited to, criminal damage, waste dumping and tampering with electricity supplies places an unacceptable burden on financial resources. It is Council policy that anti social behaviour will not be acceptable in any Council Traveller specific or standard housing accommodation. The provisions of the Housing (Traveller Accommodation) Act, 1998 the Housing (Miscellaneous Provisions) Act 1992 and the Housing (Miscellaneous Provisions) Act 1997, as amended, will be utilised where appropriate in the interests of good estate management. Should a Traveller contravene their tenancy agreement having been given due warnings to make good or desist from such contravention the Council will take whatever action is necessary including legal proceedings to remove the offending tenant/person. A person evicted for anti social behaviour will be deemed to have rendered him / herself homeless.

• It is Council policy that permanent halting sites will be no more than 5 bays. Travellers and Traveller interest groups have indicated that their preference is for small and moderately sized sites. No specific norm of site size will be specified, site size will be dependent on land availability and subject to the needs of family groupings within the Travelling community and those of the settled community.

2.0 Review of the Traveller Accommodation Programme 2009-2013 The Council, at its meeting on 9th March, 2009 adopted the Traveller Accommodation Programme 2009-2013.

2.1. Accommodation Needs 2009 – 2013 The Traveller Accommodation Programme 2009-2013 projected that the following accommodation would be required during the period of the Programme to meet existing and projected accommodation needs including provision for new family formation and migration:

Table 1: Accommodation Requirement including family formation and migration 2009-2013 Traveller Accommodation Programme Existing categories Existing Families Existing Permanent Units 5 year Projected need of accommodation Halting Sites 14 15 26 Group Houses 24 27 12 Standard housing 32 32 21 Temporary/ 11 - - Emergency Roadside/ 10 - - Unauthorised Homeless 9 - - Private Rented 16 - - Total 116 74 59

2.2 Provision of Accommodation 2009-2013 The 2009 to 2013 Programme identified a requirement for 38 Traveller specific accommodation units and 21 standard houses to be provided.

During the life of the Programme 3 families have been accommodated in additional permanent Traveller Specific units and 50 casual vacancies were filled across the various halting site bays and group housing schemes.

2.3 Refurbishment Programme of accommodation 2009-2013 During the period of the 2009-2013 Programme the Council made significant progress in relation to the refurbishment of existing Traveller specific accommodation. Priority was given to this work as the Council wished to improve the living conditions of those families who had been living in the County for a considerable period and whose accommodation did not meet current standards for Traveller specific accommodation. The following is the current position in relation to these schemes:

- West Pier – Purpose built prefabricated units were fully refurbished in 2013.

- Nutgrove – The insulation was upgraded and external and internal painting carried out.

- Kilbogget – the units were insulated, windows upgraded, external and internal painting & roadway resurfaced.

- Monkstown –3 units of accommodation were fully reconstructed.

In addition, all of the accommodation provided by the Council was painted and planting works were undertaken in Booterstown.

2.4 Constraints on implementing the Traveller Accommodation Programme 2009- 2013

2.4.1 Site ownership A number of proposed sites identified in the Traveller Accommodation Programme 2009- 2013 are not in the ownership of the Council. Many of these sites have been the subject of extensive negotiations over the years e.g. Enniskerry Road, Bird Avenue, UCD.

2.4.2 Economic downturn Since the adoption of the Traveller Accommodation Programme 2009-2013 in 2009, the funding available for the housing capital programme has declined significantly. This has had substantial implications for both the Traveller-specific budget and also the general social housing budget, under which the accommodation for Travellers is also provided.

2.4.3 Resources When they occur, considerable time and effort was spent on dealing with unauthorised sites or with unauthorised additional families on permanent halting sites or group housing schemes during the period of the 2009-2013 Programme.

3.0 Assessment of Need for 2014 – 2018 Programme

3.1 Introduction The Housing (Traveller Accommodation) Act, 1998 requires housing authorities to carry out an assessment of the accommodation needs of Traveller households for whom accommodation will be required during the period of the Programme. This assessment must also include an assessment of the need for transient sites. Notice of the carrying out of the assessment was published in the local newspapers circulating in the area and was also sent to the relevant statutory bodies, The Housing Strategic Policy Committee, The Traveller Interagency Steering Group, the Local Traveller Accommodation Consultative Committee, Irish Traveller Movement and Southside Travellers.

A survey of Traveller families living in the County was ca rried out in September 2013. Staff from the Traveller Accommodation Unit visited halting sites and group housing schemes and interviewed as many Travellers as possible in the County at the time of the survey to determine preference for accommodation requirements. Any traveller who was

33 not contacted as part of the survey was telephoned a number of times to identify the accommodation needs of Traveller families over the length of the programme.

The assessment covered both existing needs and future projected needs of individuals who are of age over the lifetime of the programme. A range of accommodation options were offered i.e. standard and grouped housing, halting sites, private rented accommodation and transient sites. Families who currently have accommodation provided by Dún Laoghaire- Rathdown County Council were also asked if they were satisfied with the existing accommodation provided to them.

The response rate to the assessment was 89% which is extremely high. In helping to achieve this high rate of response, the role played by Southside Travellers in making traveller families aware and explaining the assessment is recognised and acknowledged.

3.2 Existing Traveller Accommodation Needs The survey results show that there are 114 Traveller families resident in the County in various forms of accommodation including standard housing, group housing, halting sites, temporary/emergency sites, unauthorised/sharing and private rented.

Table 2 below indicates the existing accommodation circumstances of Travellers in the County: -

Table 2: Existing Traveller Accommodation Circumstances Accommodation Type No. of Families % Grouped Housing 22 19 Halting Site 22 19 Standard Housing 34 (78) 30 Temporary Bays 6 5 Sharing Accommodation 5 5 Unauthorised 1 1 Private Rented 10 9 Homeless 14 (36) 12

Total 114 100 %

This Table shows that 78 families are in permanent accommodation, which is an increase of 11% during the period of the 2009–2013. Of the remaining 36 families currently without permanent accommodation, 6 families are in temporary sites provided by the Council at 3 locations, the need to regularise this forms part of the 2014 – 2018 programme. 14 families/individuals are living on a continuous basis in homeless accommodation. There are 5 families sharing accommodation with other families, 1 family on an unauthorised site, and 10 families are now in private rented accommodation.

As part of the assessment, families were asked to state their satisfaction with their existing accommodation. Of the 56 families currently living in Traveller Specific Accommodation provided by the Council, 25 are satisfied with their accommodation type.

Of the 31 families who expressed dissatisfaction with their current accommodation, they have indicated the following preferences:

- 10 currently living in Grouped Housing but prefer Standard Housing - 4 currently living in Halting Sites but prefer Standard Housing - 17 currently living in Halting Sites but prefer Grouped Housing

Of the 14 persons in homeless accommodation, 34 persons in Standard Housing and 10 persons in Private Rented accommodation, 3 responses were received one response in

34 each category in all cases they indicated a preference for Standard Housing.

Of the 28 families currently living in temporary and permanent halting sites, 19 have expressed an interest in either grouped or standard housing, some of whom have expressed a wish to have their bays converted to Grouped Housing. It is proposed to examine the possibility of the conversion of some of these units within the lifetime of the 2014-2018 programme as they become vacant subject to planning requirements and the availability of the necessary funds and resources.

The assessment showed there are a total of 56 families living in Traveller Specific Accommodation in the County of which 44 families have permanent accommodation and 6 families are currently living in temporary halting sites provided by Dún Laoghaire- Rathdown County Council. 5 families are currently sharing accommodation and 1 family in an unauthorised site. 37 individuals are currently over 18 years and 28 individuals will reach 18 years of age before 2018.

3.3 Assessment of future accommodation needs

3.3.1 Introduction In accordance with the provisions of the Housing (Traveller Accommodation) Act 1998 and the Minister’s direction, an assessment of the projected accommodation needs of Traveller families arising during the duration of the Programme i.e. 1 st January 2014 to 31 st December 2018 has been carried out.

There are 36 existing families to be accommodated as part of this programme. 10 are in Private Rented, 14 in Homeless Accommodation, 5 sharing, 6 in Temporary Halting Sites and 1 in an unauthorised site.

28 children will reach the age of eighteen in the period 2014 to 2018. Based on the Council’s experience during the 2009 - 2013 Programme it is estimated that accommodation will be required for 25% of the Traveller children who will reach the age of 18 during the lifetime of this Programme. This represents 7 units of accommodation.

In addition there are 37 individuals who have already reached 18 currently living with their parents, it is estimated that 50% of these will require their own accommodation during the life of the programme, which represents 19 units of accommodation.

The total accommodation need for the 2014 – 2018 Programme, therefore is 36 family units for existing families in need, 7 units for persons who will reach the age of 18 in the lifetime of the programme and 19 units for persons who are already over the age of 18, giving a total need of 62 units of accommodation. These will be achieved by refurbishing existing vacant units, construction of new units, casual vacancies and standard social housing units.

3.3.2 Migration It is Dún Laoghaire-Rathdown County Council’s policy to provide traveller specific accommodation for the county’s indigenous Travelling Community. The Council regard a traveller household as “indigenous” where the household has been permanently resident in the county for at least three years immediately prior to the adoption of Dún Laoghaire-Rathdown County Council’s Traveller Accommodation Programme 2014-2018. However, this does not preclude members of the Travelling Community not assessed for the 2014-2018 Programme from applying for Traveller specific or Standard housing accommodation.

A number of families who had been resident in the County during the assessment carried out for the 2009-2013 Programme left the County and the majority of them are at various locations in the greater Dublin and Leinster areas.

3.4. Conclusions from Assessment

3.4.1. Introduction Having assessed the accommodation requirements of existing Traveller families in the County, the projected need due to family formations and migration, the following section sets out a summary of the various types of accommodation required during the Traveller Accommodation Programme 2014 – 2018.

3.4.2 Table 3: Accommodation Requirements for 2014 – 2018 Programme Type of Existing & Existing Net requirement Accommodation Projected Permanent Families Accommodation Grouped House 22 30 30 Halting Site 22 23 8 Standard House 34 34 15 Temporary Halt. Site 6 - Sharing Accomm. 5 - Unauthorised 1 - Private Rented 10 - Homeless 14 -

Currently <18 19 Will be 18 by 2018 7 TOTALS 140 87* 53

*87 includes 9 units that are due to be refurbished.

The total need of 62 units will be satisfied by the 9 refurbished units and the additional 53 units of accommodation required.

While there is a large increase in the percentage of families expressing an interest in standard social housing units the availability of accessing social housing units is limited. The Traveller Accommodation Unit of the Council will work with families in developing tenancy awareness and skills.

Of the tenants who expressed an interest in traveller specific accommodation, the preference was 20% for halting site and 80% for grouped housing.

Some of the existing tenants in halting sites have expressed an interest in grouped housing. Dún Laoghaire-Rathdown County Council proposes to examine the possibility of converting some halting site bays into grouped housing as they become vacant, subject to planning requirements, finances and resources being available.

3.4.3 Casual Vacancies It is not possible to predict when casual vacancies will arise over the life of the programme. It is the Council’s intention to re-let these units as quickly as possible to applicants on the traveller specific housing list.

4.0 Meeting Identified Needs

4.1 Traveller Specific Accommodation It is proposed to meet the needs for Traveller Specific Accommodation from the Council’s programme which is set out in Table 4 below: -

Table 4: Halting and Group Housing Programme Halting Site Programme No. of bays Cloragh 3 Kilternan, Glenamuck Road 4 West Pier 3 10 Group Housing Programme Enniskerry Road 4 Bird Avenue 3 Lehaunstown 5 Mount Anville Road 5 Pottery Road 5 Stillorgan Grove 6 Rathmichael Road 5 University College Dublin 5 38

The following is a summary of the current position in relation to each of these sites: - Bird Avenue –located at the site of the Marist Fathers site and was provided subject to conditions of a planning application. The land is currently not in the ownership of the Council.

- Cloragh – the site is in Council ownership and at preliminary design stage.

- Enniskerry Road – site not in ownership of the Council but negotiations will continue regarding its acquisition.

- Kilternan, Glenamuck Road – the site is within County Council ownership and is dependent on the road widening scheme which is part of the Kilternan/ Glenamuck Local Area Plan.

- Lehaunstown – site identified on the 2010 – 2016 County Development Plan. Provision for traveller accommodation is provided for in the Cherrywood Strategic Development Zone scheme which is currently awaiting approval by An Bord Pleanála.

- Mount Anville Road – this site is in Council ownership and is currently at the pre- design stage.

- Pottery Road – the site is in ownership of the Council. The Pottery Road Widening Scheme has commenced.. Development of the traveller accommodation scheme will be considered after completion of the road improvement scheme.

- Rathmichael Road – a temporary site has been created at this location. The majority of tenants from this site have been housed in permanent accommodation. Further development of this site is dependent on the provision of infrastructure.

- Stillorgan Grove – the land is not in the ownership of the Council. The site was identified for a Halting site in the 2009 – 2013 Traveller Accommodation Programme. Its use has now been altered to accommodate Grouped Housing.

- West Pier – the site is in Council ownership and is currently in use as a Temporary Halting Site.

- U.C.D. – the land is not in the ownership of the Council but negotiations will continue

37 regarding its acquisition. The site was identified for a Halting site in the 2009 – 2013 Traveller Accommodation Programme. Its use has now been altered to accommodate Grouped Housing.

4.2 Temporary/Emergency Halting Sites The Council will continue, where possible, to provide temporary halting site accommodation for Travellers who are in need of accommodation and who are permanently resident in the County. Facilities will be provided in these sites and they will continue in operation until the families are allocated permanent accommodation.

4.3 Design of halting sites It is Council policy that permanent halting sites will be no more than 5 bays. Travellers and Traveller interest groups have indicated that their preference is for small and moderately sized sites. No specific norm of site size will be specified, site size will be dependent on land availability and subject to the needs of family groupings within the Travelling community and those of the settled community.

All new permanent sites will be designed to meet the requirements of the Department of the Environment, Heritage and Local Government Guidelines and all designs for new sites will be brought to the Local Traveller Accommodation Consultative Committee. Preferences of travellers for Grouped Housing rather than halting sites will be taken into consideration at design stage.

4.4 Standard Local Authority Housing In Section 3 it has been identified that 14 Traveller households may require accommodation in standard local authority housing during the period of this Programme. Offers of standard local authority housing will be made in accordance with the Council’s Scheme of Letting Priorities and having regard to the Council’s policy in relation to anti social behaviour and attendance at pre tenancy training programmes.

4.5 Private Rented Currently there are 10 families/individuals living in Private Rented accommodation. The assessment has not identified any Traveller families as having chosen private rented accommodation as their first preference. However, the access to private rented options (including the RAS scheme) is retained in the 2014 – 2018 Programme as it provides a broader range of accommodation for Travellers, which is in line with Action G in the Interagency Strategy to broaden accommodation options for Travellers.

4.6 Transient Sites: 2014-2018 The issue of transient sites has been discussed with the Traveller organisations, and at meetings of the LTACC. It is the view of Dún Laoghaire-Rathdown County Council that transient sites should only be provided (if necessary) following the full provision of the Traveller specific housing requirement of Travellers indigenous to the Dún Laoghaire- Rathdown area.

It is proposed to continue discussing with the other Dublin Local Authorities the need for and, if necessary, identify suitable locations for such provision in order to provide for a co-ordinated approach to provision in the Dublin region.

4.7 Refurbishment Programme Designs for the refurbishment of the Grouped Housing Scheme in Glendruid are currently being advanced with a view to seeking tenders for the work in early 2014.

Subject to the availability of funding from the Department of the Environment, Community and Local Government it is proposed to commence refurbishment of this scheme in 2014.

38 5. Consultation 5.1 Introduction With the exception of the provision of temporary/emergency sites it is the intention of the Council to consult with as many people as possible who are concerned with or affected by proposals for Traveller accommodation. Those who will be consulted include the Local Traveller Accommodation Consultative Committee, community and interest groups, Travellers, and the public in general.

5.2 Submissions As part of the preparation of this programme submissions were requested. Southside Travellers Action Group and The Irish Traveller Movement made submissions which were taken into consideration as part of this programme.

5.3 Local Traveller Accommodation Consultative Committee The Local Traveller Accommodation Consultative Committee will play a key role in the consultation process and will with the exception of the provision of temporary/emergency sites be consulted on matters relating to Traveller accommodation and other issues relating to Travellers.

5.4 Community/Interest Groups It is proposed that Council officials will attend meetings, if requested, to outline proposals for permanent Traveller specific accommodation for particular areas. The Part 8 Planning process under the Local Government (Planning & Development) Regulations 2001 to 2007 and the Planning and Development Acts 2000 to 2006, as amended, will apply in respect of all proposals for permanent Traveller specific accommodation. Proposals for the development of temporary/emergency sites will not be subject to the Part 8 process.

5.5 Traveller Accommodation Unit The Traveller Accommodation Unit is responsible for keeping both the general public and also Travellers informed with regard to the development of proposals for permanent Traveller specific accommodation in the Programme. Appropriate staff from this Section will attend meetings with the settled community or Travellers to discuss and inform them of any matters relating to the provision of permanent Traveller specific accommodation that affect them.

5.6 Emergency Situation Not withstanding the above commitments nothing in this Programme shall prevent the Manager from exercising the powers conferred under Section 2(9) of the City and County Management (Amendment) Act 1955, (as amended by Section 27 of the Housing Act 1988) and Section 24 of Housing (Traveller Accommodation) Act 1998 in an emergency situation.

6.0 Management and Maintenance 6.1 Introduction It is the Council’s policy to ensure that all halting sites and grouped housing schemes will be managed and maintained to a high standard. The Council will continue with its programme of work to improve the standard of existing permanent Traveller specific accommodation and where necessary the upgrading of such accommodation.

6.2 Tenancy Agreement All tenants will be required to sign a tenancy agreement irrespective of what type of accommodation they occupy. The Council will continue to provide a copy of the tenancy agreement to all tenants and explain its contents before a tenant signs the agreement.

6.3 Anti Social Behaviour It is Council policy that anti social behaviour will not be acceptable in any Council Traveller specific or standard housing accommodation. The provisions of the Housing

39 (Traveller Accommodation) Act, 1998 the Housing (Miscellaneous Provisions) Act 1992 and the Housing (Miscellaneous Provisions) Act 1997, as amended, will be utilised where appropriate in the interests of good estate management. Should a Traveller contravene their tenancy agreement having been given due warnings to make good or desist from such contravention the Council will take whatever action is necessary including legal proceedings to remove the offending tenant/person. A person evicted for anti social behaviour will be deemed to have rendered him / herself homeless.

6.4 Rent Tenants are required to pay rent for the type of accommodation they occupy. The rent may be revised from time to time but no more than once a year. Rent will be charged in accordance with the Differential Rent scheme.

Non-payment of rent will result in repossession proceedings being instigated, as is the norm with standard housing. A person evicted for non-payment of rent will be deemed to have rendered him / herself homeless.

6.5 Pre let repairs Prior to the letting of Traveller specific accommodation the Council will ensure that the necessary pre-letting works are carried out and will advise the prospective tenants accordingly.

6.6 Maintenance Requests All tenants of Traveller accommodation are given a copy of the Tenant’s handbook and they will be formally advised as to what their responsibilities are with regard to maintenance. The Council will record maintenance requests in respect of Traveller specific accommodation. The person requesting the work will be notified as to whether said work is the responsibility of the Council or the tenant. Where work is the responsibility of the Council an estimated time frame based on the priority status of the work will be notified to the tenant. Works of an emergency nature will continue to receive immediate attention . In order to ensure value for money and in accordance with best practice, it is Council policy to divert as much of its financial resources as possible away from emergency maintenance towards planned maintenance.

6.7 Tenant Responsibilities The Council will continue to work with community development agencies to ensure that all Travellers are aware of their responsibilities as tenants of Council accommodation. It is further intended that appropriate training will be organised and guidelines developed to ensure that the day-to-day obligations of keeping sites/houses in an acceptable condition are fully understood by and complied with by persons occupying Council accommodation.

6.8 Tenant Participation in Estate Management As far as possible Tenant participation in the management and maintenance of schemes will be encouraged. The Council will, in consultation with the Local Consultative Committee, re-commence a tenant participation estate management scheme in one halting site and in one grouped housing scheme. As part of this scheme it is intended to investigate the possibility of providing play space for children in suitable locations where practicable.

6.9 Accommodation Working Group Management and maintenance issues will be reported on at each meeting of the Local Traveller Accommodation Consultative Committee. In addition, a Working Group has recently been set up to discuss the issues affecting travellers.

6.10 Resident/Community Groups The Council will, if required, meet with representatives of any resident groups or other community groups to discuss any matters relating to the management and maintenance

40 of Traveller accommodation in their area.

7.0 Unauthorised Sites The law regarding unauthorised sites is outlined in the Housing (Traveller Accommodation) Act 1998 and the Housing (Miscellaneous Provisions) Act 2002. The Council will continue to use these powers where appropriate. In addition, in areas where High Court injunctions are in place the Council will continue to seek the enforcement of these orders .

8.0 Other Matters 8.1 Support The Council recognises the role of Southside Traveller Action Group as a Community Development Group and its role in supporting Travellers to participate and represent their collective needs in the County. In addition, Southside Travellers Action Group provide a Resource Centre for Travellers in the County. This Centre runs a number of personal and community development programmes and provides a focus point for Travellers.

8.2 Local Travellers Accommodation Consultative Committee The Local Travellers Accommodation Consultative Committee comprises Councillors, members of Southside Travellers Action Group, representatives of the travelling community themselves and Council officials. The Committee has changed the time and venue for its meetings and participation among the travelling com munity has increased. It is hoped that the success can be built on for the duration of the 2014 – 2018 programme.

8.3 Strategic Policy Committee The Housing Strategic Policy Committee meets quarterly to formulate policy on housing issues.

8.4 Interagency Strategy “ Better Services for Travellers” Dún Laoghaire-Rathdown County Council adopted a strategy for Inter-Agency Co- operation in the delivery of services and Supports to the Traveller population in its administrative area. The agency meets on a regular basis to discuss the issues affecting travellers.

8.5 Promotion of Policy The Council will ensure to the best of its ability that the contents of the policy document are made known to all residents of the County including Travellers.

8.6 Support Resources The Department of Environment, Community & Local Government will be approached for funding for the provision of Support Resources to augment the efforts of the Council.

9.0 Strategy and Implementation Statement 9.1 Introduction Dún Laoghaire-Rathdown County Council is the implementing authority in this County for securing the implementation of the Traveller Accommodation Programme 2014 - 2018. It is the Council’s objective to provide accommodation for all Travellers who took part in the assessment within the lifetime of the Programme.

The Traveller Accommodation Unit has been designated to deal with all matters arising from the implementation of the Housing (Traveller Accommodation) Act, 1998. This section is responsible for ensuring that all parties concerned with Traveller accommodation are kept informed with regard to the development of proposals for permanent Traveller specific accommodation in the Programme.

9.2 Provision of Accommodation

41 The Council will provide a variety of accommodation for Travellers including halting sites, grouped housing, private rented and standard housing to meet their needs. Traveller specific accommodation will be provided with the financial assistance of the Department of the Environment, Heritage and Local Government.

Not withstanding the foregoing, the Council will consider any applications from approved voluntary housing bodies that wish to provide Traveller specific accommodation to meet the needs identified in this Programme .

In addition, the Council will facilitate any Traveller household who qualifies for and wishes to avail of the Rental Accommodation Scheme to meet their housing needs.

The Council will continue, where possible to provide temporary/emergency halting site accommodation for Travellers who are in need of accommodation and who are permanently resident in the County. Facilities will be provided in these sites and they will continue in operation until the families are allocated permanent accommodation.

9.3 Annual Targets It is estimated that 62 permanent units of accommodation will be required over the next five years. The following targets have been set, subject to the availability of finance for the provision of these units:

Table 5: Accommodation Targets 2014 – 2018 Programme Year Grouped Halting Sites Standard 2014 8 (refurb) 1 (refurb) 3 2015 7 4 3 2016 7 3 2017 7 4 3 2018 9 3 Total 38 9 15

Travellers may also be accommodated through casual vacancies, which arise in existing accommodation during the course of the programme and through the conversion of Halting Sites to Grouped Housing systematically as they become vacant.

10 Review of 2014 – 2018 Traveller Accommodation Programme The programme will be kept under review and an overall review will be undertaken not later than 31 st December, 2016 .

APPENDIX A - Definitions Definitions

Permanent Halting Site A permanent halting site is a site with individual bays, with a full range of services provided in a small structure on each bay.

Temporary/Emergency Halting Site A temporary/emergency halting site is a site, which provides basic facilities for families awaiting permanent accommodation.

Transient Halting Site A transient halting site is a site providing basic facilities for short-term use by families pursuing a nomadic way of life or visiting relatives.

Group Housing Scheme A scheme of houses specifically built for members of the Travelling Community.

APPENDIX B – Existing and Proposed Sites EXISTING TRAVELLER SPECIFIC ACCOMMODATION IN COUNTY HALTING SITES Aughmore Lane, Shankill 5 Bays Burton Park, Leopardstown. 5 Bays Woodpark, Sallynoggin. 3 Bays Booterstown Park 4 Bays Wyckham Avenue, Ballinteer 3 Bays St Michael’s Park, Monkstown 3 Bays

GROUPED HOUSING Nutgrove Crescent, Rathfarnham 8 Houses Kilbogget Grove, Kilbogget 4 Houses Ballyogan Grove, Ballyogan 4 Houses Glendruid, Ballybrack 6 Houses* Old Conna Avenue, Bray 2 Houses St Louise’s Park, Blackrock 6 Houses * Closed for refurbishment

TEMPORARY/EMERGENCY SITES Rathmichael Road (Temporary) 1 Bay Glenamuck Road (Temporary Emergency) 3 Bays West Pier (Temporary) 3 bays

PROGRAMME OF PROPOSED TRAVELLER SPECIFIC ACCOMMODATION Location No. of Units

Halting Sites Cloragh 3 Kilternan/Glenamuck 4 West Pier 3 10 Grouped Housing Enniskerry Road/Kilgobbin 4 Bird Avenue 3 Mount Anville Road 5 Pottery Road 5 Lehaunstown 5 Stillorgan Grove 6 Rathmichael Road 5 University College Dublin 5 38

APPENDIX C– MAP

APPENDIX D - Memorandum

Memorandum on the Preparation Adoption and Implementation of Local Authority Traveller Accommodation Programmes 2014 – 2018 August 2013

Local Authority Traveller Accommodation Programmes 2014 – 2018 Contents Page no. Introduction and Summary 4 PART 1 – CONSULTATION 1. Statutory Requirements 6

43 2. Local consultative committees 6 3. Role of Local Consultative Committees in preparation of 6 programmes 4. Accommodation Officer of ITM 7 5. Public Consultation 7 PART II - ACCOMMODATION PROGRAMMES 6. Introduction 9 7. Assessment of Needs 9 8. Date for Adoption of Accommodation Programmes 11 9. Notice of Preparation of Accommodation Programme 11 10. Date for issue of notice under section 8 12 11. Other consultative/notification procedures 12 12. Notice of Draft Accommodation Programme Available for Public 12 Inspection 13. Duration of Programmes 13 14. Content of Programmes 13 15. Policy Statement 13 16. Strategy Statement 14 17. Measures for Implementation 14 18. Voluntary Housing, Rental Accommodation Scheme and Other 15 Accommodation 19. Need to Have Regard to Travellers’ Distinct Needs 15 20. Amendment of draft Programme following Public Consultation 16 21. Adoption of Programme 16 22. Publication and Distribution 17 23. Implementation 17 24. Review of Programmes 18 25. Joint or Co-ordinated Programmes 18 26. Emergency situations 18 PART III - DEVELOPMENT PLANS 27 - 28 County & City Development Plans 19 PART IV - SITES FOR CARAVANS 29. Powers to provide Sites for Caravans 20 30. Guidelines Issued by the Minister 20 31. Basic Services and Facilities for Caravans 20 SCHEDULE TIME-TABLE FOR THE ADOPTION OF TRAVELLER 21 ACCOMMODATION PROGRAMME 2014-2018

Preparation, Adoption and Implementation of Programmes under the Housing (Traveller Accommodation) Act, 1998

Introduction This memorandum provides housing authorities with advice and guidelines on the preparation, adoption and implementation of their fourth Traveller accommodation programmes 2014-2018 under the Housing (Traveller Accommodation) Act, 1998. The memorandum incorporates specific directions issued by the Minister under the Act, which apply to the accommodation programmes.

The Memorandum covers the various provisions of the 1998 Act which govern the housing authorities duties in relation to preparation, adoption and implementation of accommodation programmes and related matters. These provisions: -

• require relevant housing authorities, in consultation with Travellers, to prepare and adopt by a date to be specified, accommodation programmes to meet the existing and projected accommodation needs of Travellers in their areas; • allow for public input to the preparation and amendment of such programmes;

44 • oblige relevant housing authorities to take appropria te steps to secure implementation of programmes; and • require planning authorities to include objectives concerning Traveller accommodation in their county/city development plans.

Part I of the memorandum deals with the provisions of the Act relating to the requirements on relevant housing authorities to consult other public bodies, Travellers and the general public with regard to the preparation, review or amendment of local Traveller accommodation programmes.

Part II of the memorandum deals with the preparation, content, adoption, implementation and review of local Traveller accommodation programmes.

Part III deals with the provisions of section 10(2)(i) of the Planning and Development Act, 2000 concerning the mandatory inclusion of appropriate objectives in county and city development plans to facilitate the provision of Traveller accommodation.

Part IV of the memorandum concerns the powers of housing authorities to provide, improve, manage and control a range of sites for caravans.

Attached to this memorandum is a Schedule setting out the main steps leading up to the adoption of accommodation programmes. It incorporates an indicative timescale in respect of the preparation and adoption of the new programme based on the latest date for adoption of the programmes which has been specified by the Minister i.e. 30 April, 2014. Relevant housing authorities are reminded that the adoption of a programme is a reserved function.

However, where members fail to adopt the programme by 30 April, 2014, or by a date not later than 21 days after that date as may be decided under section 13 of the 1998 Act, there is a requirement on the Manager to take the necessary measures to adopt a programme within a further period of one month. The adoption of accommodation programmes by all relevant housing authorities by the specified date is a critical feature of the Act in the interests of ensuring a comprehensive and integrated response to the identified needs.

Housing authorities are requested to adhere to the suggested timetable to ensure that they are in a position to comply with the statutory deadlines.

PART I - CONSULTATION 1. Statutory Requirements The Act places a strong emphasis on consultation with all interests concerned. Accommodation programmes are required to be prepared in consultation with other local public authorities, community and other bodies, Travellers, via the local consultative committee, and the public in general. The purpose of these consultation provisions is to ensure that the interests of all concerned with or affected by proposals for Traveller accommodation are considered and to facilitate a planned and comprehensive response by housing authorities to the accommodation needs of Travellers.

2. Local Consultative Committees Sections 21 and 22 of the Act provide that local Traveller accommodation consultative committees must be in place to facilitate consultation between housing authorities and Travellers and to advise on any aspect of accommodation for Travellers. County and City councils are required to appoint such committees for the purposes set out in subsections (1) to (4) of section 21 of the Act.

Where there are other relevant housing authorities i.e. borough councils and the town councils of Bray and Dundalk in an administrative county, the county council concerned is required to appoint a member from each such authority to the committee. The number of members of the appointing authority and of any other relevant housing authority

45 appointed to a local consultative committee must not exceed one half of the membership. County councils should consider what further arrangements are necessary to facilitate an input from other housing authorities in the administrative county (i.e. town councils). As you are aware the Local Government Bill 2013 provides for the replacement of borough and town councils by municipal districts. Please give due consideration to these developments and their implications in the preparation of the new Traveller Accommodation Programme.

3. Role of Local Consultative Committees in preparation of programmes Apart from the role assigned to the local consultative committee under sections 21 and 22 of the Act, other provisions of the Act involve the committee - subsections (3), (4), and (7) of section 6 in relation to the assessment of needs; - section 8(d) in relation to giving of notice on the preparation of draft programmes; - section 9(2)(a) in relation to sending a copy of the public notice and of the draft accommodation programme to the local consultative committee; - section 12 in relation to furnishing to the committee a copy of the draft programme submitted to the members of the authority; and - section 15(c) in relation to furnishing a copy of the adopted programme to the committee

4. Accommodation Officer of ITM The Department provides financial support towards the employment by the Irish Traveller Movement of Accommodation Officers to support participation by Travellers and Traveller organisations on local Traveller accommodation consultative committees and in management and maintenance arrangements for Traveller accommodation, to develop a Traveller perspective on the provision of transient sites, and to foster a greater understanding among Travellers of the range of means by which their accommodation needs may be met. Where local Traveller support groups do not operate within a local authority’s functional area, the authority may wish to consult an Accommodation Officer in relation to Traveller representation on their local consultative committees. (Irish Traveller Movement, 4-5 Eustace Street, Dublin 2, Phone (01) 679 6577 or E-mail [email protected] )

5. Public Consultation The formal procedures to provide for consultation with the public before an accommodation programme or an amendment to or a replacement of a programme is adopted are in addition to consultation procedures under planning legislation, including consultation on development plans and any variations which may be required arising from section 10(2) of the Planning and Development Act, 2000, consultation on local authority developments including sites for caravans under Part 8 of the Planning and Development Regulations, 2001 and statutory consultation arising from Environmental Impact Assessments.

The methods of consultation outlined above are minimum requirements only. Where some housing authorities have broad based liaison or consultative committees on which community and other local groups are represented, the requirements of the Housing (Traveller Accommodation) Act, 1998, in relation to public consultation do not preclude these arrangements.

The Traveller Interagency Groups (TIG’s) which were established under the County Development Boards and support interagency co-operation in the delivery of services and supports to the Traveller community should be included in the consultation process.

It will be a matter for individual local authorities to pursue other supplementary information and public awareness exercises, as they consider appropriate, bearing in mind local circumstances. For example, local authority officials may attend or arrange public meetings on Traveller issues and arrange broadly based ad-hoc area committees

46 to address problems arising. Local information campaigns could be organised involving the local media in the area with a view to fostering greater understanding between Travellers and the public.

Part II – Accommodation Programmes 6. General Sections 5 to 18 of the Act provide for the detailed procedures leading to the adoption and implementation of Traveller accommodation programmes. Where a housing authority is in the process of implementing its existing accommodation programme and has not completed, or is not likely to complete, the implementation of its programme before its expiry, the outstanding elements of the programme may form part of the new programme to be prepared and adopted in accordance with sections 5 to 18 of the Act.

Section 5 is the interpretation section for Part II of the Act. It defines “relevant housing authorities” i.e. those housing authorities that are required under the Act to prepare and adopt local Traveller accommodation programmes. The relevant housing authorities are the 29 county councils, 5 city councils, 5 borough councils and Bray and Dundalk Town Councils. As you are aware the Local Government Bill 2013 provides for the replacement of borough and town councils by municipal districts. Please give due consideration to these developments and their implications in the preparation of the new Traveller Accommodation Programme.

7. Assessment of needs Section 6 requires each relevant housing authority, for the purposes of preparing a programme, in respect of their functional area, to make an assessment of the accommodation needs of Travellers who are assessed under Section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, including the need for sites. In making an assessment, a Housing Authority is required to have regard to: - An estimate of the number of Travellers for whom accommodation will be required during the course of the programme. - Any summary of social housing assessments prepared under section 21 (c) of the Housing (Miscellaneous Provisions) Act 2009 - The need for transient sites - Views of the LTACC considered

Directions by the Minister The Minister has, under section 6(1) of the 1998 Act, directed that relevant housing authorities for the purposes of preparing a Traveller Accommodation Programme in the functional area concerned, make an assessment of the accommodation needs of Travellers who are assessed under S.20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, including the need for sites. The Minister has given a direction under section 6(5) of the 1998 Act, specifying that relevant housing authorities shall make an estimate of the projected accommodation needs of Traveller families arising during the duration of the programme (1 st January, 2014 to 31 st December, 2018) .

Relevant housing authorities are required to identify the accommodation needs of Traveller families to be met under the new programmes. This must relate to the existing accommodation needs and the projected need that will arise during the period of the programmes across a range of accommodation options including standard and group housing, permanent residential sites for caravans and transient sites provided directly by the housing authority or by approved housing bodies or individuals, with or without the assistance of the housing authority. The assessment of need for sites must include an assessment of the need for transient sites.

Pursuant to Section 21 of the 2009 Act, housing authorities were requested to prepare a

47 summary of the social housing assessments carried out in their administrative areas as at 7 th May, 2013. In conjunction with this process, each housing authority was requested to make an assessment of need for permanent residential caravan parks for Travellers, in addition to the likely increase in the need for accommodation arising from growth in the numbers of Traveller families. Housing Authorities should have regard to the information and the need for housing accommodation contained in the data, in addition to any other supplementary information on the accommodation needs available to the housing authority.

A housing authority should also undertake such additional inquiries as may be necessary, including consultation with Traveller families and any relevant Traveller support groups within the functional area of the authority, to ascertain a comprehensive picture of the existing and projected need for housing accommodation of Traveller families within their area for the period 2014 to 2018 to update their assessment of needs of Traveller families within their area.

8. Date for adoption of accommodation programmes Section 7 requires each relevant housing authority to adopt an accommodation programme by resolution of the members by a date to be specified by the Minister.

Date Specified by the Minister Under section 7(4) of the Act the Minister has specified 30 April, 2014 , as the date by which accommodation programmes must be adopted.

9. Notice of Preparation of Accommodation Programme Section 8 of the Act requires authorities, before preparing a draft of an accommodation programme, to give notice in writing of their intention to do so to – (a) any relevant housing authority where the functional area of such relevant housing authority adjoins the functional area of the relevant housing authority preparing, amending or replacing the accommodation programme, (b) a town council which is not a relevant housing authority where the functional area of that town council is within or adjoins the functional area of the relevant housing authority preparing, amending or replacing the accommodation programme, (c) a HSE region where the functional area of that HSE region includes or adjoins the functional area of the relevant housing authority preparing, amending or replacing a programme, (d) the local consultative committee concerned, (e) such local community bodies as the relevant housing authority consider appropriate, and (f) such other body as the relevant housing authority concerned consider appropriate having regard to all the circumstances, including voluntary or non-profit making bodies that are engaged in the provision of accommodation, shelter and welfare or any of them in the functional area concerned. This category should also include any relevant local Traveller support groups in the functional area of the authority.

The authorities listed at paras (a) to (c) are those which are most likely to be affected by or have an interest in an accommodation programme. Included are those smaller town councils which adjoin or are within the functional area of the relevant housing authority preparing the programme. This provision in relation to prior notification of the authorities specified is an important mechanism for facilitating co-ordination between adjoining programmes (see also para. 25). It is envisaged that the normal channels for communication will be availed of to convey any concerns or other views of the authorities or bodies consulted. The section also gives a flexibility to relevant housing authorities to notify other bodies as the authority consider appropriate.

Traveller support groups operating within the functional area of the authority or the functional area of another authority within or adjoining the functional area of the

48 relevant housing authority should be given notice under section 8.

10. Date for issue of notice under section 8 Section 8 does not provide for any specific date by which notice should be given of the preparation process. This notice should issue at as early a date as practicable. The important consideration is that sufficient time is given for groups to prepare a submission or to have an input to the process from an early stage.

11. Other Consultative/Notification Procedures Notification of a body or an authority at this stage of the process is significant as other consultative/notification procedures automatically follow, i.e. – - under section 9(2), a copy of the notice published in a newspaper and the draft of the accommodation programme being made available for public inspection must be sent to the notified bodies; - under section 12, a copy of the draft accommodation programme which has been submitted to the members of the authority for adoption must be sent to the notified bodies; and - under section 15, a copy of the adopted accommodation programme must be sent to the notified bodies.

12. Notice of Draft Accommodation Programme Available for Public Inspection Under section 9, the draft accommodation programme must be made available for public inspection and such availability must be advertised in local newspapers. There are also other requirements in relation to the giving of notice under section 9, i.e. – (a) to send a copy of the notice and the draft accommodation programme to any authority, body or the local consultative committee notified under the requirements of section 8, and (b) to make arrangements for a copy of the notice to be displayed at other appropriate offices of the relevant housing authority.

Public libraries should be considered for the purpose of meeting the requirements at (b).

Interested individuals or groups have 2 months to submit in writing their views and comments on the draft. The timeframe as suggested in the attached Schedule allows the Manager of the relevant housing authority a further period of over 5 weeks to draw up a report for the members. (See also para. 21).

13. Duration of Programmes Section 10 provides for the duration, form and content of accommodation programmes.

Direction of the Minister The Minister has, under section 10(1) of the 1998 Act, directed that the next accommodation programme should be for a period of 5 years and that the programme shall begin on the 1 st January 2014.

The power of housing authorities to develop and bring current proposals to construction between the expiry of the current programme and the adoption of the new programmes is assured by the provisions of section 23 of the 1998 Act.

14. Content of Programmes Section 10(2) of the Act requires that accommodation programmes contain at least the matters specified in that section in the interests of ensuring a high standard of quality and consistency of programmes.

Direction of the Minister Under section 10(2)(b) of the Act the Minister has directed that the information in relation to the needs to be met by the programmes shall be in summary form but in sufficient detail to show the needs for all categories of Traveller accommodation and the general area in which the accommodation is required.

15. Policy Statement Section 10(2)(c) requires that a statement of policy in relation to meeting accommodation needs be included in the programme. This statement of policy should address general issues such as consultation with the interests concerned and specify goals and the timeframe within which needs are to be met. The policy statement should set out the authority’s policy in relation to: - the provision of permanent, emergency, temporary or transient accommodation - including traditional halting sites and visitor facilities at permanent accommodation, - the provision of back up, training and support for those waiting for accommodation and those provided with the accommodation of their choice; - the position in relating to meeting the distinct needs and family circumstances of Travellers - unauthorised encampments.

16. Strategy Statement Section 10(2)(d) requires that an accommodation programme should specify a strategy for securing the implementation of the programme. The strategy of the relevant housing authority should: - identify the implementing authorities and other bodies and the resources required; - describe how co-operation/co-ordination between implementing authorities will be secured; - indicate the means of providing accommodation, distinguishing between direct provision by authorities concerned, and the assistance from those authorities to approved voluntary bodies or to private individuals; - allow for information/awareness and consultative exercises directed at Travellers and the general public; - detail the structures for the development of accommodation proposals; - set out arrangements for management and maintenance of the accommodation; - give details of procedures for dealing with problems arising; and - specify the mechanisms for monitoring progress in implementing the programme.

17. Measures for Implementation Subsection 10(2)(e) requires that the programme must also include specific measures or proposals for each implementing authority or other party concerned. It is considered that such measures should cover: - the provision of the range of accommodation required, - assistance to Travellers to provide accommodation for their own use, - assistance to approved voluntary bodies in respect of the provision or management of accommodation for Travellers, and - arrangements for the proper management, including assistance towards the management, of the above accommodation.

Direction of the Minister The Minister has directed under section 10(2) of the 1998 Act that annual targets be included in the programmes in respect of the implementation of the programmes. The targets should include details of the numbers of units of accommodation proposed to be delivered for each of the five years of the programme for Traveller specific accommodation (group housing, bays on halting sites, including transient sites) both new and refurbished and for standard housing.

50 These targets will be used to assess local authorities’ progress annually under the service indicators initiative.

18. Voluntary Housing, Rental Accommodation Scheme and other accommodation The programme should also take account of the possibility that some Traveller families, by the nature of their economic activity, are in a position to provide their own accommodation with or without the assistance of the local authority. A wide range of accommodation options is available to complement local authority provided accommodation for Travellers. These options are set out in the booklet “Accommodation options for Travellers” which issued to local authorities in 2000. Subsequent to that, the Rental Accommodation Scheme (RAS) was introduced for people in receipt of rent supplement allowances. RAS provides local authorities with an additional option for those with long-term housing needs. New leasing arrangements have also been introduced. Local authorities are requested to inform Travellers, support groups and other voluntary organisations concerned with the accommodation needs of Travellers, of the options available and to encourage and facilitate Travellers and Traveller organisations to avail of these options. Travellers and/or organisations wishing to provide sites or accommodation on their behalf should be advised to consult the planning authority before land is purchased or application for planning permission is made.

19. Need to have regard to Travellers’ Distinct Needs Section 10(3) specifies matters to which regard must be had when preparing programmes. The purpose of the subsection is to ensure that the measures for the provision of accommodation to be included in the programme under section 10(2) will meet the identified needs for accommodation for Travellers, including, where appropriate, Traveller specific accommodation identified by the relevant housing authority. Regard must also be had to the need for transient sites i.e. for stays of short duration as distinct from sites or parks for caravans for use as a permanent home. Programmes should elaborate on this item in some detail including the results of this aspect of the assessment of needs for sites which the Minister has directed should be made in connection with the preparation of the new programme (see para. 7 above). Sites traditionally used at certain times of the year; sites for transient families, and facilities for regular visitors to residents of permanent accommodation at particular times of the year should be covered here.

20. Amendment of Draft Programme Following Public Consultation Section 10(4) makes it clear that a relevant housing authority has the power to amend the draft of an accommodation programme following completion of the public notice procedures under section 9 of the Act e.g. to take account of submissions made. It should be noted that, in availing of this discretion, relevant housing authorities would have to ensure that the draft programme complied with the requirements of the Act in relation to the preparation and contents of programmes.

21. Adoption of Programme Section 11 requires the Manager of a relevant housing authority to submit a report to the members as soon as may be after the date by which submissions under the public consultation process refe rred to in section 9(1)(c) are to be received (see para. 12). The report must: (a) summarise the matters contained in such submissions, (b) specify the names of the persons who made such submissions, (c) specify the response of the relevant housing authority concerned to such submissions, and (d) indicate whether it is proposed to proceed with the draft of the accommodation programme or of the amendment to or the replacement of it, or to proceed with the draft as varied or modified in a manner indicated in the report, or not to proceed with such draft accommodation programme (see also para. 25 in relation

51 to co-ordination of programmes).

Section 12 requires the manager to submit the report prepared under section 11 together with the draft accommodation programme to the members of the authority not later than 3 months before the date specified for adoption by the Minister so as to allow sufficient time for debate. The latest date for this is 30 January 2014 (see attached Schedule), which gives the minimum period of 3 months to the members to consider the report and programme.

Under section 13, the members are allowed up to a further three weeks to adjourn meetings at which the motion for adoption of a programme is being discussed. Section 13 is intended to cater for a situation where meetings may have to be adjourned for unexpected events or special occasions, holidays or other situations where meetings have to be adjourned from time to time.

Where a programme is not adopted within this period, then under section 14 the Manager is required to do so by order within one month. Section 14 is a mechanism to ensure that all relevant housing authorities adopt programmes and that they do so in the same period. The Manager may make any modifications he/she considers appropriate before adopting the programme, subject, of course, to the other overriding statutory requirements in relation to the preparation and contents of programmes.

22. Publication and Distribution Section 15 requires publication in at least one local newspaper of a notice that the accommodation programme has been adopted and indicating where, and the times at which, it may be inspected. A copy of the programme must be furnished to the members, the Minister, any town council whose functional area is situated within the functional area of the adopting authority, the local HSE region, the local Traveller consultative committee, and any other body previously notified of its preparation under section 8 of the Act, including local Traveller groups.

23. Implementation Section 16 requires the relevant housing authority to take any reasonable steps as are necessary for securing the implementation of the programme. Overall responsibility for securing the implementation of the programme rests with the relevant housing authority. It would be expected that the arrangements for compliance with this requirement would be set out in that section of the programme which outlines the strategy for implementation (see para. 16). Other housing authorities whose functional areas have been included in the accommodation programmes must also have regard to the provisions of the programmes when performing any functions in relation to Traveller accommodation (for example in allocating standard local authority housing to Travellers). Housing authorities will be aware of, and will have been involved in, the preparation of any proposals or measures directly affecting them as a result of the requirements in relation to the giving of notice under section 8. Arrangements should be put in place to monitor progress in implementation, including involvement of the local consultative committee (see also provisions under section 31 of the Act in relation to reporting of progress made in implementing programmes).

Review of programmes Section 17 (1) (a) of the Housing (Traveller Accommodation) Act, 1998, provides that a relevant housing authority shall review its accommodation programme at least once in each three-year period, or at such time as directed by the Minister. Any amendment to the accommodation programme proposed following any such review must be made within seven months and is subject to the same procedures and requirements, including pubic consultation.

Direction of the Minister The Minister has, under section 17(1) of the 1998 Act, directed that a review of the next accommodation programme should be carried out no later than 31 st December, 2016 .

This provision also allows for more frequent reviews to be carried out, if required.

Joint or Co-ordinated Programmes Under section 7(2) of the Act programmes may be adopted jointly by two or more local authorities and, under section 18, authorities must do so if required by the Minister after consultation with the authorities concerned. Relevant housing authorities and, in particular, borough councils and the town councils of Bray and Dundalk, may wish to give favourable consideration to the preparation of joint programmes with adjoining authorities or, in the case of the town councils referred to, the councils of the administrative county in which they are situate. Co-ordination of programmes is, of course, facilitated by the prior notice requirements of section 8 in relation to adjoining authorities.

Emergency Situations Section 24 allows a Manager of a local authority to carry out works necessary for the provision of a reasonable standard of accommodation in an emergency situation using powers under section 138(4) and (5) of the Local Government Act, 2001.

PART III: DEVELOPMENT PLANS

27. County and City Development Plan Section 10(2)(i) of the Planning and Development Act 2000 requires that county and city development plans must include objectives for the provision of accommodation for Travellers and the use of particular areas for that purpose. This requirement stems from a number of court judgements which pointed to the need to ensure that county and city development plans contain suitable provisions to facilitate the provision of Traveller accommodation and that any existing provisions do not unnecessarily constrain proposals for Traveller accommodation.

28. Local authorities should re-examine, in consultation with their planning staff and with legal advisers if considered necessary, the adequacy of existing provisions in development plans or proposals for variations, particularly in the light of proposals for Traveller specific accommodation in their draft programmes. The purpose of the review is to ensure that any existing or new proposals for the provision of accommodation for Travellers are not in contravention of the development plan and the provisions of the plan will enable the implementation of the new accommodation programme, when adopted. It is a matter for the planning authority as to how objectives are to be worded, having regard to local circumstances.

It is essential that there is sufficient land with the objective for the provision of accommodation for Travellers and the use of sufficient areas for that purpose having regard to the contents of the accommodation programme. In particular, it is essential that such zoning objectives be provided in respect of areas in which it is indicated by the programmes that such accommodation will be provided.

Local authorities should consider bringing forward any proposals for variations to their development plans arising from proposals for Traveller specific accommodation in their draft accommodation programmes for consideration by the elected members at the same time as the submission of the draft accommodation programmes to the members for adoption. This will facilitate the simultaneous approval of both sets of proposals, thereby avoiding any gap between approval of the programme and of the variation of the development plan.

PART IV: Sites for Caravans

Powers to provide sites for caravans Section 29 of the 1998 Act amended section 13 of the Housing Act, 1988, by the substitution of a revised section. This clarified the powers of housing authorities to provide, improve, manage and control a range of sites for caravans, including sites with limited facilities, (i.e. transient sites or temporary sites pending the provision of permanent accommodation) and to enable the Minister to issue guidelines for the various site types. The definition of “sites with limited facilities” sets out the minimum requirements for services/facilities at such sites.

Guidelines issued by the Minister The Minister has issued the following Guidelines under section 13(6) of the Housing Act, 1988, as amended by the 1998 Act. Permanent Residential Parks for Caravans, Basic Services and Facilities for Caravans Pending the Provision of Permanent Accommodation, Guidelines for Accommodating Transient Traveller Families, Guidelines for Group Housing for Travellers, and Guidelines on Consultation Mechanisms concerning Traveller specific accommodation projects.

These Guidelines were prepared in consultation with interests concerned, including representatives of local authorities and Travellers under the auspices of the National Traveller Accommodation Consultative Committee. Housing authorities must have regard to the Guidelines in developing their proposals for the provision of accommodation and in the preparation, adoption and implementation of accommodation programmes

Basic Services and Facilities for Caravans Pending the provision of suitable permanent accommodation, local authorities should review the position of Travellers on the roadside or other unauthorised sites in their functional area in the light of the Guidelines on Basic Services and Facilities for Caravans and seek to improve the position of these families by considering making available such services, including water, toilets and waste removal if there are no significant legal, planning, environmental, social, technical or other restraints in so doing. The question of further closures of traditional or unofficial halting sites should also be reviewed pending the provision of adequate accommodation.

Schedule: Time-scale for Adoption of the New Traveller Accommodation Programme Under 1998 Act

Timescale/ Procedures Dates for new programme Preparation of Programme - section 8 The date for notice of preparation of programmes should allow adequate time for public and community bodies to prepare their inputs to the drafting process. August/ Assessment of Needs for sites - section 6(1) of the 1998 Act. September 2013 1 months notice of intention to make the Assessment. September, 2013 Making of Assessment. Sept/October 2013 Results of Assessments available. October, 2013 Completion of draft programme 22 October 2013 Newspaper notice of draft programme available for inspection - section 9 22 December, 2013 Latest date for receipt of written submissions on draft programme - section 9(1)(c) - two month period is required for making of

54 submissions 30 January, 2014 Latest date for submission of draft to members for adoption - section 12 (one month) 30 April, 2014 Adoption of Programme Specified date for adoption - section 7 - at least 3 months required between submission of draft programme to members and adoption of programme 20 May, 2014 Adjournment of council meetings - section 13 (21 days) 21 June, 2014 Failure to adopt If failure to adopt, further 1 month allowed before the programme, as may be modified, is adopted by manager’s order - section 14 as soon as may be Publication and submission to the Minister - section 15 (say one week)

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

The following motion was handed up from the floor:

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

“That the Manager agrees to re-develop all existing vacant sites (that are in need of repair) in the Traveller Accommodation Programme 2014 – 2018 prior to developing any new sites under this plan.”

A further discussion took place during which Mr. T. McHugh, Director of Housing and Community and Ms. K. Holohan, County Manager responded to Members queries.

The motion from the floor was WITHDRAWN .

A roll call vote on the Traveller Accommodation Programme 2014 – 2018 was requested, the result was as follows:

55 Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid Pierce, Donna √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ Total: 16 10

An Cathaoirleach, Councillor C. Smyth declared the Traveller Accommodation Programme 2014 – 2018 ADOPTED .

C/40/14 Report on Proposed Local Community Development Committee (LCDC) for Dún Laoghaire Rathdown County Council

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

“The Local Government Bill 2013, which at the time of writing was before the houses of the Oireachtas, provides in Section 35 for the establishment of Local Community Development Committees by each Local Authority. In advance of the legislation being enacted, ten Local Authorites, including Dún Laoghaire-Rathdown were selected as “front runner” authorities by the Department of the Environment, Community & Local Government for introducing front runner or pilot LCDCs.

It is proposed to establish a pilot LCDC in accordance with the terms of reference, structure and membership set out below. It is intended that the new LCDC will assume the responsibility and role of the social and community elements of the County Development Board. The proposed LCDC is a much smaller committee than the County Development Board, and there will not be scope for all agencies/bodies represented on the CDB to be members of the LCDC. However, the continuation of the Social Development and Inclusion Committee (SDIC) will allow for those agencies and bodies to continue participating and feeding into the LCDC.

Pilot Dún Laoghaire-Rathdown LCDC

Terms of Reference - The LCDC will be responsible for co-ordination, governance, planning and oversight of all publicly funded local and community development. - will develop the 5 year County Local and Community Plan. - Operate in a collaborative approach, in partnership with other publicly funded agencies

56 and bodies. - Drive meaningful citizen and community engagement in the scoping, planning, delivery and evaluation of local and community development programmes.

Structure and Membership The LCDC membership will comprise:

Local Government The Local Government Sector will be represented by 2 elected members nominated by the Corporate Policy Group, and will include the Chairperson of the Enterprise and Economic Development Strategic Policy Committee (Planning SPC currently). The County Manager, or his/her nominee will also be a member.

State Agencies The Health Services Executive, Department of Social Protection and Education and Training Board will be asked to nominate a member each.

Local Development Sector The Local Development Sector will be represented by two members, the Chief Executive Officer of Southside Partnership, the primary local development agency for the County, and the other nominated by the board of Southside Partnership.

Social, Economic and Community Interests This sector will be represented by a total of 7 members, nominated as follows: 1 Employers/business 1 Agriculture/farming 2 Community and Voluntary, nominated by C&V Forum 1 Trade Union 1 Environment 1 Specific Interest Groups. (Youth, Disadvantaged, Unemployed, Elderly, Disabled)

Sector Number Nomination Loc Gov 2 (elected) Corporate Policy Group 1 (official) County Manager State Agencies 3 HSE DSP ETB Local Dev 2 1 CEO Southside Partnership 1 Southside Partnership Soc/Econ/Comm 7 1 Employers/business 1 Agriculture 2 Comm & Voluntary 1 Trade Unions 1 Environment 1 Specific interest groups

Total membership 15

Each member shall serve an initial 3 year term, and the LCDC will agree a system of rotation of members from the third year AGM.

Chairperson As part of the pilot phase, the committee will be co-chaired by the Director of Housing and Community and the CEO of Southside Partnership, with administrative support provided for both by their own organisation. The position of chairperson to be reviewed after the pilot stage.

Sub Committee/Task Force The existing Social Development and Inclusion Committee (SDIC), a sub-group of the former County Development Board will continue in existence, in it’s present format and membership, and will report to the LCDC. Formal report from SDIC to be a standing item on the agenda of the LCDC.

The LCDC may establish other sub-committees or task groups to carry out its functions, the formation of any such group to be decided formally by the LCDC.

Administrative Support/Meetings Administrative and secretarial support will be provided by the County Council, who will make arrangements for the meetings, maintenance of records and preparation of minutes.

The LCDC will meet at least 6 times per year, and expenses arising for LCDC members will be met by the nominating organisation/body. However for LCDC members whose expenses cannot be met in this manner, the expenses will be met by the Council. The County Manager will determine the persons whose expenses will be met in this manner.

Functions and Work of the LCDC The main function of the LCDC is strategic co-ordination, governance, planning and oversight of local development actions. In order to achieve this objective, a work plan comprising the following actions is required: - Mapping of existing local development services provided by all the partner agencies and bodies - Identify needs, project future needs and resources available. This should include identifying overlap and duplication areas, and measures for removal of such overlaps, increasing efficiency. - Develop a draft five year County Local and Community Plan - Engage with all citizens and stakeholders, disseminating information and communicating clearly and effectively. - Adoption and ongoing review of the 5 year plan

The above proposed structure and arrangements are in line with the DOECLG operating guidelines for front runner LCDCs. In order to proceed it is requested that the Council approve the following resolution:

“It is hereby resolved to establish a pilot Local Community Development Committee for Dún Laoghaire-Rathdown County Council in accordance with the foregoing report.”

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

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

C/41/14 Recommendation of Organisation, Procedure and Protocol Committee: Amendment to Standing Orders in relation to Re-entered Items

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

“Proposed amendment to Standing Orders 2013 in relation to re-entered motions

The Organisation, Procedure and Protocol Committee, at its meeting on Monday 16 December 2013, considered the following proposal under Cathaoirleach’s business in relation to the Standing Orders:

“Add as a new paragraph after 24(d) –

“Where at a meeting of the Council, a motion is called by the Cathaoirleach, and the proposer (or some member authorised by him or her for the purpose) requests that instead of being moved and decided at the meeting, the motion be re-entered for the following meeting, the minutes shall record that the motion is to be re-entered for the following meeting, but the motion shall be listed on the agenda for that meeting and any subsequent meetings at the end of all motions that were listed for, but not reached at, the first-mentioned meeting, notwithstanding Standing Order 19(c).””

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

“Standing Order 19(c) states:

“Motions on notice received in accordance with paragraph (a) shall be listed on the Agenda in order of their receipt, provided that a second motion by the same Member shall not be listed until every first motion by every other Member has first been listed, and likewise for third motions.”

The current practice when compiling agendas, in accordance with Standing Order 19(c), is to list motions from Councillors on an agenda in order of receipt. Every Councillor is entitled to have one motion on the agenda before second motions are listed. Likewise all second motions from Councillors are included before third motions are listed.

When compiling a new agenda the motions that were not reached, or were not dealt with, at the previous meeting are re-entered in the order that they appeared on the previous agenda, while still adhering to Standing Order 19(c).

Example 1: Current practice relating to items to be re-entered that were not reached at the previous meeting. A Councillor has three motions on an agenda (a), (b), and (c). Motion (a) is dealt with at the meeting and motions (b) and (c) are re-entered. Motion (b) will then move up to where all first motions from Councillors are listed on the agenda but it will be listed on the agenda after re- entered first motions from the previous meeting but ahead of new motions submitted by Councillors that are appearing on an agenda for the first time. The re-entered items are dealt with in this way to ensure that any one Councillor does not have an advantage in reaching motions ahead of other Councillors and is considered fair to all. Motion (c) will move up to where all second motions are dealt with also at the end of the list and the Councillor will be able to submit a new motion to be dealt with at the end of where all third motions from Councillors are dealt with.

Example 2: Current practice relating to items to be re-entered that were reached at the previous meeting but not dealt with. A Councillor has three motions on an agenda (a), (b), and (c). Motion (a) is reached at the meeting but not dealt with and re-entered to the next meeting. Motions (b) and (c) are not reached and are also re-entered. Motion (a) will be listed on the agenda where all first motions from Councillors are listed on the agenda but it will be listed in the same order that it appeared on the previous agenda, in accordance with Standing Order 19(c).”

Following discussion, the Committee agreed the above proposal and agreed that it should be brought to the January 2014 Council Meeting as a recommendation of the O, P & P Committee.

In accordance with the provisions of Schedule 10 (16) of the Local Government Act 2001 the making of Standing Orders is a reserved function of the Council. Accordingly the following resolution is proposed:

Recommendation “That the Council hereby adopts the following additional paragraph to the Standing Orders 2013 after paragraph 24(d), in accordance with Schedule 10 (16) (2) of the Local Government Act 2001:

It is a requirement of the Act that at least half of the total number of Members of the Council vote in favour of the resolution.

A discussion took place.

The following motion was handed up from the floor:

It was proposed by Councillor P. Stewart and seconded by Councillor D. Marren:

“At end of recommendation: “With the exception of when a Member’s apologies are given prior to the meeting””

A further discussion took place. It was AGREED to return to this item later in the meeting and to continue with the agenda.

C/42/14 Business Improvement District Proposal for Dún Laoghaire

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

“At its meeting on 11 November 2013, the Council resolved that the Dún Laoghaire Business Improvement District Scheme proceed to a plebiscite, subject to the receipt of a request from the BID proponents to that effect.

On 24 December 2013 the BID proponents delivered a letter to the County Manager requesting that the BID proposal proceed to a ratepayer plebiscite.

It is intended that the ballot papers for the plebiscite will be posted week ending 24 January 2014. The deadline for receipt of completed ballot papers is likely to be during week ending 14 February 2014.

Section 9(2) of the Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 states that "the returning officer shall post the ballot papers in the presence of the Cathaoirleach or such other member or members of the rating authority as may be authorised by that authority to witness such posting."

Section 14 of the Regulations states that "as soon as practicable after the hour on the last day fixed for the receipt of ballot papers, the returning officer shall open the ballot box in the presence of the Cathaoirleach or such other member or members of the rating authority as may be authorised by that authority to attend at the opening of the ballot box."

60 The presence of members of the rating authority, other than the Cathaoirleach, at the posting of the ballot papers or the opening of the ballot box requires a resolution of the County Council.

The members are invited to consider whether they wish to pass a resolution authorising a member or members, other than the Cathaoirleach, to attend the posting of the ballot papers or the opening of the ballot box.

Bernie Gilligan, A/Director of Corporate Services & Human Resources.”

A discussion took place.

The report was NOTED . It was AGREED that An Leas Cathaoirleach, Councillor B. Saul be the authorised Member, other than An Cathaoirleach, to attend the posting of the ballot papers or the opening of the ballot box.

The following statement was READ by An Cathaoirleach, Councillor C. Smyth:

“The Returning Officer shall take all proper precautions for the security of the ballot papers and other documents relating to the plebiscite. Every person attending the proceedings in connection with the issue, receipt or counting of ballot papers shall aid and maintain secrecy of the voting.”

C/43/14 Contribution & Supplementary Development Contribution Scheme - Annual Indexation

Report Submitted in accordance with Sections 48 and 49 of the Planning & Development Act 2000 (as amended) Contribution & Supplementary Development Contribution Scheme - Annual Indexation

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

“The Section 49 Supplementary Development Contribution Schemes adopted by Dún Laoghaire-Rathdown County Council, in respect of financing the development of the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme and of part financing the extension of the Luas Line from Sandyford to Cherrywood (Luas Line B1), all provide for the indexation of the contribution rates at 5% per annum. The Section 48 Scheme as adopted on 14 th May, 2013 provides for contribution rates not to be increased until at least 1st January, 2015.

The position for 2014 in respect of the Section 49 Supplementary Development Contribution Schemes has now been reviewed. In view of the prevailing economic circumstances it is recommended that the Council not implement the indexation clauses of the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme and of part financing the extension of the Luas Line from Sandyford to Cherrywood (Luas Line B1) for 2014 or to apply the indexation to outstanding balances in respect of the above schemes.

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

The report of the Manager was AGREED .

C/44/14 Cathaoirleach's Business: Councillor C. Smyth

Report of Sub-Committee on Accommodation for new Council in 2014

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

The Council agreed at its meeting on 1 July 2013 to the establishment of a Working Group to consider the proposed new Council Chamber. New or revised accommodation will be required for the Council in 2014 when the number of Councillors will rise from 28 to 40. The Group consisted of a Member from each Party and one Independent. The Group was chaired by An Cathaoirleach.

The Working Group met on 12 July 2013, 26 September 2013 and 7 th January 2014. In addition to discussing the proposed New Chamber three alternative options were considered as follows;

1) Remove bench behind Cathaoirleach’s chair This option was examined to establish whether, by removing the bench behind the Cathaoirleach’s chair and moving the Cathaoirleach’s chair and those chairs to either side thereof back towards the wall, there would be an improvement in the amount of space available within the Council Chamber.

The net effect of such an intervention would be to remove the bench, and thereby the seating for the Management Team, and gain two seats on the floor of the Chamber. The cost for such an intervention is estimated at €87,000.

2) Remove wall between Council Chamber and Cathaoirleach’s parlour A Structural Engineering Consultant was engaged to examine this option. A copy of the Consultant’s report is attached as Appendix A.

Whilst this option is technically possible, the Council’s Conservation Officer has advised that removal of the wall “will alter the plan form and will inevitably lead to the destruction of surviving historic fabric resulting in a diminution of the character and appearance of the Protected Structure. This is considered contrary to Policy AR4: Protection of the Buildings in Council Ownership as set out in the County Development Plan 2010-2016.” A copy of the Conservation Officer’s report is attached as Appendix B. It is estimated that any such works, if carried out, would result in the corner of the Town Hall occupied by the Council Chamber, the Cathaoirleach’s parlour and the spaces below these rooms (including the Councillors’ Party Rooms) being closed off for approximately 6 months. The cost of such works is estimated at €487,000.

3) Revise the current layout of the Chamber This option involves the provision of smaller chairs on the floor of the Chamber and the provision of a third horse-shoe shaped table in the space in front of the current inner table.

This layout would involve seating for 14 Councillors at the outer table (as per the current arrangement), 20 Councillors at the current horse-shoe shaped table (an increase from 14) and 5 Councillors at a new horse-shoe table in the middle of the floor.

A drawing of this proposed layout is attached as Appendix C.

This proposed layout would require the provision of a new table and new chairs as well as electrical wiring work to provide a microphone, and a power socket at each position.

The cost of such works is estimated at €78,000.

62 From a Fire Safety perspective, it is also required that a new Fire Exit be provided in order to increase the capacity for the Chamber. Such an exit could be provided by the creation of a new Fire Door from the Cathaoirleach’s Parlour into the Annexe, directly in line with the existing door from the Chamber into the Parlour. The provision of such an exit would increase the capacity of the Chamber from 50 to 100 persons.

All of the costs quoted in this report include the cost of the provision of this fire door as it would be necessary should any of the three options listed be favoured by the elected members, as well as the costs of any reinstatement works required on foot of any intervention.

Recommendation: At its meeting on 7 th January 2014 the Working Group agreed to recommend Option 3, to the elected members for their consideration.

Bernie Gilligan, Director of Corporate Services & Human Resources.

History of Dun Laoghaire Town Hall Kingstown Town Commissioner were set up in 1834 as a body to manage the public affairs of the town. Their most significant architectural achievement was the erection of the Town Hall in 1880, a Venetian-style palace with a handsome clock tower. It was designed by John Loftus Robinson who was also responsible for the granite faced of the former Post Office building which joins the Town Hall. Robinson's design, comprising a two-storey, granite block, loosely based on the style of a Venetian palace, was chosen following an open competition, with entries being submitted by several architects.

John Loftus Robinson was involved in the design of a large number of Dublin buildings and also participated fully in public life, serving on a number of community bodies, most notably enjoying the role of chairman of Kingstown Township Committee.

Notable other works: In this role, he was involved in the creation of the People's Park in Dun Laoghaire, which remains a valued amenity of the town. In addition to designing the town hall, he designed the town’s St Michael's Hospital, and the spire of St Michael's church.

Significance of the interior The Former Town Hall is listed in the Record of Protected Structure (RPS No.642), the statutory protection extends to the interior and all fixtures and features which form part of the interior of the building.

The interior of the existing Chamber is of architectural significance with features of artistic design importance which include the wall panelling, the coved ceiling, chimneypiece, original doors and brasswork and architect designed Town Commissioners desk and associated furniture.

Descriptions of the interior of the Council Chamber are found in Journals of the day “ the Town Commissioners Board-room is 30 feet by 39 feet (with) walls covered to a height of 6 feet with a panelling of pitch pine and American walnut, richly moulded. The furniture of the Board-room has been designed by the architect, and (will be) of massive oak, in keeping with the rest of the building ” Architect 20, 24 July 1880, 53. While The Irish Builder credits the brass bracket work and other metal ornamentation by Messrs Gregg, Mooney and Co. in the assembly (room), and board (room), IB 12, 1 Aug 1880, 220.

All of these elements are still insitu and contribute to the buildings architectural, historic, artistic, cultural, and social interest. The loss of any of these fixtures and features, would affect the character of the building which is contrary to the principles of good conservation practice as set out the in the “Architectural Heritage Protection, Guidelines for Planning Authorities” (guidance on Part IV of the Planning and Development Act 2000) DoEHLG 2004.

Alterations to the Plan Form The plan-form of a building is one of its most important characteristics. In relation to plan- form, Section 11.2.3 of the DoE Guidelines advises “… alterations should not change the interrelationships or the proportions of prominent spaces such as entrances, staircase or principal rooms ” and should be confined to areas of secondary importance.

Room proportions are also important to the integrity of a design with the size and height of a room carefully proportioned relating to its function. In the context of the Town Hall as a Civic Building, the interrelationship of rooms and circulation spaces is a reflection of the building’s design, function, status and period. The plan form and internal layout, and their relationship are central elements to the special interest and character of the integrity of the interior of the Town Hall and Council Chamber. In the case of the Chamber, the room is arranged to create a particular spatial effect with the position of fixtures and fittings being integral to that.

64 Conclusion: In conclusion the architectural significance of the interior of the Council Chamber Town Hall is derived from its plan form, intactness, quality of decorative schemes and historical/ cultural associations. Removal of the wall between the Chamber and the adjoining Parlour will alter the plan form and will inevitably lead to the destruction of surviving historic fabric resulting in a diminution of the character and appearance of the Protected Structure. This is considered contrary to Policy AR4: Protection of the Buildings in Council Ownership as set out in the County Development Plan 2010-2016.

Julie Craig A/Conservation Officer”

The report of the Manager was AGREED .

C/45/14 Recommendation of Organisation, Procedure and Protocol Committee: Amendment to Standing Orders in relation to Re-entered Items

A further discussion took place.

Councillor P. Stewart amended her motion as follows:

It was proposed by Councillor P. Stewart and seconded by Councillor R. Humphreys:

“To add at end of recommendation:

“This paragraph does not apply to a motion that is re-entered because a Member has given apologies in advance of the meeting.””

The amended motion was AGREED .

C/46/14 Re-ordering of Agenda

It was AGREED to take Items 15, 16, 17 and 14 ahead of Item 12.

C/47/14 Other Correspondence

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

“1) Letter from Waterford City Council in relation to a motion passed regarding Anti-Social Behaviour. 2) Letter from Donegal County Council in relation to a motion passed regarding Credit Unions. 3) Letter from Donegal County Council in relation to a motion passed regarding decentralisation of Vehicle Motor Tax. 4) Letter from Clare County Council in relation to a motion passed regarding height restrictions for vehicles.”

C/48/14 Strategic Policy Committee - Report of Chairperson

1. Planning Strategic Policy Committee The following report of the Chairperson of the Planning SPC was CONSIDERED and NOTED :

65 “Planning Strategic Policy Committee Meeting held on 5 th December 2013 Report of Chairperson Councillor Niamh Bhreathnach

The Chairperson, Councillor N. Bhreathnach presided. In attendance were Councillor N. Bhreathnach, Councillor J. Bailey, Councillor M. Bailey, Councillor G. Tallon, Councillor M. Halpin, Councillor T. Murphy, Councillor J. O’Dea, Councillor P. Stewart, Mr. P. O’Callaghan, Ms. V. Heywood and Ms. O. Fitzgerald.

Apologies for non-attendance were received from Councillor V. Boyhan, Councillor L. McCarthy and Mr. M. Gallagher.

Officials in attendance were Mr. G. Hayden, Director of Services, Mr. D. Irvine Senior Planner, Ms. M. Henchy, Senior Planner, Mr. C. Fulcher, Executive Planner and Ms. A. O’Connor, Senior Staff Officer.

1. Minutes of the meeting held on 17 th June 2013 and report of adjourned meeting held on 16 th September, 2013 were ADOPTED.

2. Matters Arising – None

3. Citizen Developer House – Providing privately owned affordable housing. – Presentation NOTED.

4. Business submitted by the Director of Services:- (a) Local Area Plans Guidelines for Planning Authorities- Presentation – NOTED. (b) Review of Part V of the Planning and Development Act 2000 – Submission on review of Part V to the D.O.E. – NOTED.

5. Business referred from the Council – None.

6. Business referred from the Corporate Policy Group – None.

7. Item for consideration for Future Work Programme – Councillor V. Boyhan – Planning Policy County Development Plan 13.5.2 – Policy E122: Overhead Cable – Report NOTED.

8. Any Other Business – Ms. V. Heywood emphasised and requested the Committee to note that St. Helen’s House is a National Monument.”

2. Housing Strategic Policy Committee The following report of the Chairperson of the Housing SPC was CONSIDERED and NOTED :

“Housing Strategic Policy Committee Meeting held on 11 th December 2013 Report of Chairperson Councillor Donal Marren

Present:

Cllr. John Bailey Mrs. Margaret Beck Cllr. Jane Dillon Byrne Mr. Noel O’Connor Cllr. Donal Marren Mr. Seamas O’Neill Cllr. Denis O’Callaghan Cllr. Melisa Halpin

Apologies: Cllr. Lettie McCarthy

Chair: Cllr. Donal Marren

66 Officials Present Mr. T. McHugh, Director, Ms. M. Ruane, Senior Executive Officer, Ms. A. Hegarty, Senior Executive Officer, Ms. M. Egan, Administrative Officer, Ms. C. Walsh, Assistant Staff Officer, Ms. C. Barr, Clerical Officer.

Resumption of adjourned meeting (19 th September 2013)

Confirmation of Minutes Minutes of the meeting of the Housing Strategic Policy Committee held on 20 th June 2013 were CONFIRMED and ADOPTED.

Matters arising from Minutes No matters were raised by members.

Update on Statutory Framework Homeless Action Plan 2014 -2016 The Director advised the committee that the Statutory Framework Homeless Action Plan was approved at the November Council Meeting. The plan has now been approved by the four Dublin Local Authorities.

It was noted that Councillors had expressed concern over the lack of targets included in the Action Plan, therefore it has been agreed that Annual Business Plans with a three year framework will be drafted by each Local Authority which will include targets.

It is expected that the Annual Business Plan in relation to homelessness in Dún Laoghaire Rathdown County, including targets will be prepared for the next Housing SPC meeting.

Following a discussion during which the Director responded to members’ queries, it was agreed that a report in relation to the operation of Bentley House would be presented at the next SPC meeting.

December’s Meeting Director’s Business:

Update on Part V The Director informed the committee that a review of Part V was carried out recently by DKM Economic consultants and Brady Shipman Martin Planning Consultants. The consultants report was the subject of a public consultation exercise, with submissions invited before 27 th September 2013.

The Director advised that as the public consultation was undertaken during the summer, elected members were emailed with the details of the consultation process. The Planning Department and the Housing Department compiled a submission, on behalf of the executive a copy was distributed at the meeting.

The review sets out six options for the future – ranging from abolition or suspension to a new inclusionary zoning model.

1. Abolish or suspend Part V 2. Streamline the current process 3. Widen the scope of development 4. Development contribution basis 5. Negotiated solution 6. Inclusionary zoning

The Director advised that a decision on the future of the social and affordable aspects of Part V is awaited.

67 Following a discussion during which the Director responded to Members queries and agreed that a report on the activity levels of the Housing Department will be included on the agenda for the next Housing SPC meeting, the Chairperson thanked the Director for his update.

Items submitted by Members for written reply:

Seamas O’Neill What is the total amount of property tax payable by the Council for 2014 and how is the Council going to fund this?

Reply: The number of social housing units subject to the Local Property Tax in 2014 is 4,439, with the Local Property Tax liability for 2014 amounting to €399,510. Funding provisions for 2014, including provision for the payment of the 2014 Local Property Tax will be included in the draft Budget, to be considered by and decided by the elected Council.

This reply was Noted .

Any Other Business Seamas O’Neill raised the matter regarding the quorum for the Housing SPC and queried if it could be changed to five members rather than 6 members, including four Councillors.

The Director advised that after the Local Elections in 2014 a new SPC scheme will be introduced and submission from the members will be requested. The Director advised Mr. O’Neill to make a submission in this regard.

It is estimated that the new scheme will be introduced within six months of the elections in May 2014.

Mr. O’Neill indicated that he was satisfied with this response.

Date of Next Meeting The provisional date of next Meeting 20 th March 2014, pending the next OP&P meeting.

The meeting concluded at 5.50 pm.”

3. Transportation Strategic Policy Committee The following report of the Chairperson of the Transportation SPC was CONSIDERED and NOTED :

“Transportation Strategic Policy Committee Meeting held on 12 th December 2013 Report of Chairperson Councillor Pat Hand

The Transportation Strategic Policy Committee meeting held on 12 th December 2013 was attended by:

Councillors: Pat Hand (Chairperson); Maria Bailey; Marie Baker; Niamh Breathnach; Victor Boyhan; Tony Fox; Gerry Horkan; Carrie Smyth, Barry Ward; Gerry Horkan.

Sectoral: Development/Construction Sector Tom Nolan

Business/Commercial Sector

68 Matt Coleman

Community Voluntary Disadvantaged Forum Ken Fitzsimons

Environmental/Conservation/Cultural Sector Robert Fitzsimons

Council Officials: Frank Austin, Director of Transportation; Anne Devine, Senior Engineer; Jim Hayes, Senior Engineer; William Horgan, Senior Engine er; John Broderick, Senior Executive Engineer; Padraig Watters, Senior Executive Engineer; Gerry Flaherty, Senior Executive Engineer; Eimear Lenahan, Senior Staff Officer; Patricia Howe, Assistant Staff Officer; Felicity Gill, Assistant Staff Officer, Transportation Department.

The Chairman, Councillor Pat Hand presided.

1. Confirmation of Minutes Minutes of Transportation SPC meeting held on 12 th December 2013 were proposed by Councillor Marie Baker, Seconded by Councillor Victor Boyhan and AGREED .

2. Information Item Submitted by Members for Written Reply

Councillor Niamh Bhreathnach 'That the Manager reports on the management of cycle and pedestrian traffic on the N11, at the section from Mount Merrion Avenue to White's Cross, with particular attention to the crossings servicing bus stops'.

Report: Response A Road Safety Review of junction’s along the N11 by RPS Consulting Engineers was completed in May 2013. Based on collision data analysis and traffic observations, this report made a number of proposals to improve cycle and pedestrian safety at each of the junctions along the N11 including the junctions between Whites Cross and Mount Merrion Avenue. A number of common issues were identified at many of the junctions and along the route:

1. Although most of the junctions on the N11 between Whites Cross and Mount Merrion Avenue have controlled pedestrian crossing facilities with mobility impaired and disabled facilities (e.g audio push button units and red tactile paving), many pedestrian movements across the N11 are regularly made at locations remote from the crossing points.

2. Off road cycle tracks exist on both sides of the N11 between Whites Cross and Mount Merrion Avenue over the 2.6km of route. However, in their report, RPS found that cycle facilities at some junctions were found to be inadequate with some transitions from off-road cycle routes through the junction very poor. Difficulties also arise for right turning cyclists at many of the junctions.

3. Stillorgan Road (N11) is key primary radial route (Route 12) on the Greater Dublin Area Cycle network Draft Plan. The Quality of Service of cycle tracks along some of the route is low at C. However, there are ongoing upgrade works on the N11 aimed at improving its Quality of Service to Level of Service B.

Arising from the report, a number of proposals are being progressed at each junction. In each of the proposals, meeting the needs of pedestrians and cyclists and the optimisation of bus stop locations were key aims.

Junctions 1. Whites Cross Design – A preliminary design has been prepared to improve the layout for all road users at the junction. This includes upgrading the pedestrian and cycle facilities at and through the junction and reconfiguration of the road layout for general traffic.

2. Improvements have made to the pedestrian crossing facilities at Galloping Green.

3. Stillorgan Park Road Junction – A preliminary design is currently being prepared to improve the layout for all road users at the junction. This includes upgrading the cycle facilities around the junction, to tie into a proposed cycle improvement scheme for Stillorgan Park Road, and the review of the bus stop locations each side of the junction.

4. Trees Road Junction – AECOM Consulting Engineers has been appointed to independently carry out a Road Safety Assessment and to prepare Design Options for the length of route 70m each side of the junction of the N11 with Trees Road. This will examine pedestrian, cycle and vehicular movements on each approach to the junction. It will also examine the operation and sequencing of the pedestrian crossings as there appears to be an issue with red light breaking and will aim to make a recommendation on how to reduce conflicts approaching the junction.

5. Additional signage and road markings are being provided at a number of junctions on the N11 to direct pedestrians from bus stop locations to the controlled pedestrian crossings.

Routes between junctions 1. Brewery Road to Stillorgan Park Road cycle improvements – Improved cycle routes are currently being planned for both sides of the N11 (about 1km) as part of this scheme with pedestrian and cycle enhancements proposed for the Brewery Road and Stillorgan Park Road junctions.

2. Trees Road to Mount Merrion Avenue – An improved cycle route was introduced in 2013 along 0.3km in length resulting in a more continuous cycle track and an improved riding surface.

3. Signage – Improved road safety signage is planned for junctions along the N11 in early 2014.

4. VMS Signage - The Council is currently in discussion with the NRA regarding the introduction of VMS Signage on parts of the N11 that can relay road safety messages to drivers and cyclists.

5. High Friction Anti Skid surfacing – This has been provided on most of the junctions on the N11 from Whites Cross and Mount Merrion Avenue. This coloured surfacing has been found to be effective in improving junction definition resulting in improved safety for pedestrians.

The REPORT was NOTED.

3. Business submitted by Director of Services (a) Traffic and Road Safety Section, Annual Report 2012, Overview of Works Programme 2013 The above detailed report was presented by Anne Devine, Senior Engineer, Traffic Section. All aspects of works which had taken place throughout the County were presented and Anne advised the members that the Multi Annual

70 Funding which was available from the NTA for the first time was allowing the rolling out of works process and allowing more efficient Project Managing. Despite financial cuts the same level of service and projects were being delivered and she thanked her staff for all the assistance in the delivery of projects.

Mr. Seamus Storan, Road Safety Engineer was awarded a ‘Leading Lights in Road Safety’ award from the Road Safety Authority for ‘Road Safety Officer of the Year 2013’.

The award, which was presented by Gay Byrne, Chairman of the RSA, at a Ceremony in Farmleigh House on December 11th, recognises the efforts of Seamus and his dedicated team to improve the safety of road users in the County through road safety education and awareness campaigns.

The Members complimented the full report and workings of all the Staff involved in these works.

The Report was Noted.

(b) Cycling update Gerry Flaherty, Senior Executive Engineer presented a report on cycling statistics in the County and provided an overview of cycling related activities carried out in 2013 including the provision of cycle parking in schools and parks, bike week events and cycling promotion. A proposal was outlined to set up a County Cycle Forum in 2014.

The report was Noted.

(c) School Travel Plan Guidance Gerry Flaherty, Senior Executive Engineer presented an overview of a School Travel Plan Guidance document and template to be used to assist schools in preparing a Travel Plan for their school, as required in Smarter Travel, the National Transport Policy document.

The report was Noted.

4. Future Works Programme Item from 12 th September 2013

Councillor Marie Baker “That this Transportation SPC amends the Council’s road lining policy to allow the use of single yellow lines in residential areas so as relieve the pressure on residents of all day parking by commuters.”

Report: “At its meetings on 6 th June and 9 th September 2010 the Transportation Strategic Policy Committee considered a draft “Policy on the Implementation of Statutory Signing and Lining Measures”. The agreed policy on the implementation of single yellow lines is set out below.

Traffic Objective Guidelines for Comments Measure application Single To ensure the • Assess parking Single yellow lines can be Yellow smooth flow of during problem installed on routes where Lines traffic on main times. Is it parking would cause congestion arteries, heavily causing a during business hours but trafficked roads hazard or outside of these hours parking and commercial restricting the can be made available. The areas during smooth flow of Traffic specified hours traffic? • Not Section will not install single recommended yellow lines as a means to to control control commuter parking within commuter estates. The parking • Allows for Councils policy on controlling Loading/ commuter parking is to install a Unloading (max Pay and Display Parking scheme 30mins) in conjunction with Double Yellow Lines. Only in exceptional circumstances will single yellow lines be considered.

The majority of requests for single yellow lines are from residential estates where commuter parking is causing a nuisance by blocking driveways, destroying grass verges, littering etc. or could restrict access for emergency services. The residents believe that a single yellow line for some period during the day will remove commuter parkers while keeping the estate free for residents at other times with no financial cost to them (no permits required etc).

There are a number of issues with this: - Providing single yellow lines for a period during the day can also negatively affect residents i.e. no visitors or residents can park during the period while the restrictions are in place - Single yellow lines require enforcement. The Gardai do not have sufficient resources to police on a large scale single yellow lines in residential areas where it is safe to park. The Council provides a Traffic Warden Service in Pay and Display areas where the revenue pays for enforcement and other Council services. There would be a cost in extending the warden service to non revenue generating areas either through the direct cost of employing additional wardens or through reduced enforcement and therefore reduced revenue in existing Pay and Display areas. - Everyone has a right to park on the public road where it is safe to do so. Allowing cars to park in areas close to public transport may provide users with access to public transport where they may otherwise have to take their car into a town. - The County Development Plan limits the number of car parking spaces that may be provided in non-residential developments, in order to encourage the use of public transport, cycling and walking. Some employees in the county have no workplace parking but have journeys to work that cannot reasonably be undertaken by non- car modes.

The provision of single yellow lines should be reserved for areas of high commercial activity (such as town centres) where parking during the day would impede traffic flows but can be allowed at night to facilitate businesses and road users. High traffic flows make the single yellow line essentially self-enforcing, as any parking would cause traffic congestion.

72 If parking within an area has grown to such an extent that regulation is required then the appropriate course of action is to install Pay and Display Parking. The ‘Guidelines for the Implementation of Pay and Display Parking Control Schemes’ are set out in Appendix IV of the Dun Laoghaire Rathdown County Council Parking Control Bye-Laws, 2007 to 2011. The Guidelines set out the rationale for Pay and Display parking controls and the procedure for their implementation. In section 2 the main reasons for implementing Pay and Display parking controls in residential areas include the following: - To improve the prospects of residents accessing parking at or near their homes, - To discourage extraneous parking in residential areas which has a detrimental impact on the quality of life of residents.

Depending on the characteristics of a particular residential estate the Council can control the degree to which commuters are accommodated by varying the daily charge or prescribing a maximum length of stay.”

The report was Noted .

4. Future Works Programme (a) Presentation on the NTA’s Greater Dublin Area Strategic Cycle Network Plan. (b) Site visits to key Transportation projects (under construction/recently completed). (c) Cycling Policy Update and cycling trip (Marley to Sandyford (6.5km)).

The report was Noted.

Conclusion of Meeting The Meeting concluded at 18:05.”

C/49/14 Ministerial/Departmental Correspondence

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

C/50/14 Minutes of the Corporate Policy Group held on 30th May 2013

The following minutes of the Corporate Policy Group held on 30 th May 2013 were CONSIDERED and NOTED :

“Minutes of Corporate Policy Group Meeting 30th May 2013

Attendance: An Cathaoirleach, Councillor Tom Joyce, Councillor Pat Hand, Councillor Gerry Horkan, Councillor Donal Marren and Councillor Denis O’Callaghan

Apologies: Councillor Niamh Bhreathnach

Officials: Kathleen Holohan, Deputy Manager and Director of Corporate Services and Human Resources

Item 1 Minutes of meeting held on 15 th February 2013 It was proposed by Councillor O’Callaghan, seconded by Councillor Hand and agreed that the Minutes of the Corporate Policy Group meeting held on 15 th February 2013 be confirmed and adopted.

Item 2 Proposal to establish a colloquium of elected members of the Dublin Local Authorities to consider the options for the introduction of a directly elected Mayor for the Dublin Metropolitan Area An Cathaoirleach outlined the details of a meeting which had been held on 14 th May 2013 in the Mansion House to discuss correspondence between the Lord Mayor and the Minister for the Environment, Community and Local Government on the matter of establishing a colloquium in relation to a directly elected Mayor for the Dublin Metropolitan Area. (Letters dated 20 th March and 25 th April 2013 already circulated)

The meeting which was attended by the Dublin City Mayor, An Cathaoirleach and the Mayor of Fingal recommended that the process outlined in the following report which had been circulated with the Agenda for the Corporate Policy Group meeting be considered by the Corporate Policy Groups in each Council and subsequently by each of the 4 local authorities:

“Proposal to establish a colloquium of the elected members of the Dublin Local Authorities to consider the options for the introduction of a directly elected Mayor for the Dublin Metropolitan Area

“It is intended to convene a special forum or colloquium of the elected members of the four authorities to consider the options for the introduction of a directly elected Mayor for a Dublin metropolitan area, which will be put for decision through a plebiscite in 2014. This would provide for suitable democratic debate and consultation on all dimensions of the issue. Among other things, it would allow for due democratic consideration of the powers, structures and functions of an office of mayor and the changes required in the powers, structures and functions of local authorities and other relevant bodies in this context. Proposals for a directly elected mayor for the Dublin area would, as is the case in the local government system generally, be subject to the need to maximise efficiency in local government arrangements, to avoid cost increases and to achieve savings where possible”.

Putting People First: Action Programme of Effective Local Government, paragraph7.3.8

Introduction The Minister for the Environment Community and Local Government, Mr Phil Hogan, has indicated in correspondence dated 25 th April (attached) that he considers the role of the colloquium will be to identify options for the local governance of the Dublin metropolitan area under the leadership of a directly elected Mayor.

Timeline As the plebiscite of the citizens of the 4 Dublin Local Authorities on this issue must take place in Dublin at the next local elections in May/June 2014, this process must be concluded by the end of 2013. Given the scale and complexity of the issues referred to, this is a significant task. It is also an opportunity for the local authorities to shape the future of local democracy and governance in the region. There is also a requirement to engage constructively with the elected representatives, the public and other stakeholders in the metropolitan area to assess their requirements and priorities.

Structure of Colloquium While the Lord Mayor of Dublin was tasked with initiating/calling the colloquium, it is up to the four Dublin Local Authorities to formulate and agree how the process will be undertaken. At a meeting on the 14 th of May, convened by the Lord Mayor of Dublin and to which the Cathaoirleach of Dún Laoghaire Rathdown County Council and Mayors of Fingal and South Dublin County Councils were invited, proposed the following structure and approach was considered.

A Colloquium Steering Group (4) who will delegate the consultation process, up to and including draft wording for the plebiscite, and a Colloquium Working Group (16).

Directly Elected Mayor Potential Approach for discussion

Steering Group Chaired by Lord Mayor Comprises of Chairs of Dublin Local Authorities Supported by Director of Services x 4 Provide guidance and decision making and recommend draft wording for the plebiscite to respective Local Authorities

Consultation Working Group With General Public 4 Elected Representatives from each Methods could Local Authority supported by appropriate staff 4 Dublin Local include surveys, Authorities public debate, Prepares draft proposals for facilitated workshops agreement by each Local Authority

Colloquium Steering Group Chaired by the Lord Mayor of Dublin, this body will consist of the Cathaoirleach of Dún Laoghaire-Rathdown and Mayors of Fingal and South Dublin County Councils. This will be supported by a Director of Service from each local authority.

The role of the steering group is to: 1. ensure that that the colloquium meets its objective and time deadlines 2. review the draft proposals from the working group 3. Agree final wording for plebiscite and send agreed proposal to the 4 councils 4. update the Minister for the Environment, Community and Local Government on progress and emerging issues 5. communicate the outcome of the process to all relevant parties

Colloquium Working Group The working group will be made up of 4 elected representatives from each local authority, nominated at their June Council meetings, and supported by 4 officials (1 nominated by each local authority) . The Lord Mayor, Cathaoirleach and Mayors will be ex-officio members of the working group. The Chair of the Working Group to be elected by the group at it’s first meeting. The nomination process should be completed by the end of June to allow for meetings of the colloquium to commence in July. The Colloquium will meet in various locations across the region.

The role of the working group will be to 1. agree the work programme 2. consider a range of appropriate options for the introduction of a directly elected Mayor for Dublin 3. arrange for effective and timely communication and consultation with elected representatives, the general public and other stakeholders. 4. prepare a draft proposal as outlined above 5. recommend to the steering group the wording of the proposal be sent for adoption by each local authority within the time frame 6. identify and secure each councils’ expertise and/or agree use of external expertise as required.

Colloquium Co-Ordinator The progress of the process will be co-ordinated by an official of Dublin City Council agreed by the Lord Mayor

Engagement and Consultation Widespread communication, consultation and engagement must be arranged and rolled out across the region on the potential role and impact of a directly elected mayor. The engagement phase must conclude by mid October to feed into the final recommended time frame..

Support required from all four Dublin Local Authorities It is envisaged that the colloquium will need the following supports : - Strategic and administrative support - Research capacity - to gather existing working documents on the role of the elected mayor in addition to research from other cities and manage information requirements from the members of the colloquium - IT Capacity - shared working space (for members of the colloquium and other councillors), discussion forum, social media (blogs, twitter etc) - Communication and Media support - Public consultation support

While some elements may be outsourced, most of the support may come from existing resources. The appointed officials will co-ordinate an effective regional support structure identifying responsibilities for each element.

Budget Budgetary provision will be required to cover expenditure on the colloquium. The budget will depend on scale of consultation planned and the extent of outsourced support required.

Timeline Below is a draft timeline to be considered by the Working Group at their first meeting.

June 2013 Report to City & County Council meetings. Nomination and Agreement of members of the Working Group. July 2013 Initial meetings of Steering Group and Working Group to be held August/ Consultation with Elected Representatives, members of the public and September 2013 stakeholders October 2013 Interim Report to all City & County Council meetings November 2013 Agreement of Report and draft of plebiscite wording by Working Group to be submitted to Steering Group December 2013 To all City & County Council meetings for agreement December 2013 Final Report to Minister for the Environment, Community and Local Government

Following discussion on the report during which An Cathaoirleach responded to queries from the members, the Corporate Policy Group agreed that the foregoing report be presented to the June Council meeting.

The meeting concluded at 12.55 pm.”

C/51/14 Closure of Glenalbyn Swimming Pool - Interim Report

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

“Members are aware I made the decision to close Glenalbyn Swimming Pool on December 12 th 2013 having considered a report from Horgan Lynch, Consulting Structural Engineers (previously circulated) and a recommendation from the Senior Engineer, Capital Projects (Appendix 0, attached). The decision was taken in the interest of public safety. The Report

76 detailed significant structural defects with the pool’s roof, which represent a potentially serious safety risk for users of the facility and staff at the complex. I would like to draw the Members attention to Section 3.1 of the report and in particular, paragraph 4, which states: “There is significant evidence of failures in the roof integrity over the years. Many fibreglass panels are loose and others have repaired fixings. The existing roof structure system has far exceeded its design life span. The roof structure is likely to fail at any time as a result of high wind causing panels to come loose and be removed from the structure. This is likely to lead to progressive failure of the roof potentially leading to its complete collapse. This risk must be managed to ensure the safety of all building users”.

The above report is a follow on from the original report from Horgan Lynch of October 2010 (Appendix 1, attached including memo from Senior Engineer) which examined the condition of the roof fabric and structure and gave indicative costs for the roof’s replacement c. €400,000. At the time the Senior Engineer, Capital Projects was satisfied to monitor the roof on a regular basis for any visual signs of deterioration. Having regard to this report, the Council, prior to committing expenditure on the roof, decided to ascertain if there were any other issues that needed to be addressed. To this end, IN2 Consulting Engineers were engaged to examine the Mechanical and Electrical installations at Glenalbyn. Their report of January 2011(Appendix 2, attached) recommended the complete replacement of these elements at a cost of between €350,000 and €700,000 depending on detailed scope and specification. This excluded the replacement of the existing water treatment plant.

While considering the extent of the works required, dlr Leisure Services expressed concerns in relation to the structural integrity of the pool bowl which was constructed of concrete block work subsequently lined by shotcreting to provide waterproofing – this form of construction is of its time and all modern pool bowls are constructed in reinforced concrete.

In light of the above reports, the Council decided that the most prudent course of action was to engage consultants to evaluate remodelling options for the pool complex. Following a public tendering process, W.S. Atkins Ireland Ltd. was engaged in November 2011. Included in Stage 1 of the brief was the requirement of W.S. Atkins to carry out a feasibility study of the proposed redesign brief to facilitate the Council in considering their options. The Council considered the reports of W.S. Atkins and concluded that a partial remodelling of the pool complex would be uneconomic and impractical and that the only feasible option would be a complete refurbishment of all the existing facilities plus the addition of studio space over the reception/ changing area. The following is a summary of the decision made then called Option A and the factors which determined the decision.

Option A (Refurbishment)

1. Existing Building: The existing pool is a single storey building with an external plant area and has no other leisure facilities.

Facilities: Adult pool 33.5m x 11m Drawing SKOO1 (Appendix 3, attached) Size 1210m2 + 112 m2 (external plant) Total 1322m2

2. Option A (Refurbishment) Refurbishments of existing ground floor + 1 st floor addition above entrance/changing rooms. Retention of the external plant area.

Facilities: - Adult pool 25m x 10m - Children’s pool

77 - 2 Aerobic Studios (First floor) - 1 Male Toilet (First floor) - 1 Female Toilet (First floor) - 1 Disabled Toilet (First floor) - Vending area + seating (First floor)

Drawing SKOO2 Ground Floor Plan (Appendix 4, attached) Drawing SKOO3 First Floor Plan (Appendix 5, attached) Size: Ground Floor =1210m2 + 112m2 (external plant) First Floor = 487m2 Total = 1809m2

Additional floor area over existing building = 487m2 Order of magnitude building cost €4.6m (including vat)

Option A was evaluated by the Council in terms of its economic viability and it was believed that there wouldn’t be sufficient income streams to enable it to be managed on a cost neutral basis. W.S. Atkins was then asked to prepare outline design proposals for a complete new build which would provide sufficient additional studio space to generate the required income stream. Outline preliminary designs were received in July 2013 and order of magnitude costs were received in August 2013. The following is a summary of Option B.

Option B (New Build) Demolition of existing building and the construction of a complete new building. The pool section would be at the front of the building and visible to the public and the plant room located in a new basement.

Facilities: - Adult Pool 25mx 10m - Children’s pool - Children’s play room. - Large village changing area - 3 group changing rooms - Steam room + sauna - Hoist track for disabled access to pools + changing rooms & toilet. - Stairs to pools for easier access. - Staff changing rooms - Staff kitchen area - Upgrade access road - 4 studios including 1 large studio.( First floor) - External roof area with access from large studio.(First floor) - Vending area + seating including viewing galley and view pods.(First floor)

Drawing SKOO4 Ground Floor Plan (Appendix 6, attached)

Drawing SK005 First Floor Plan (Appendix 7, attached)Ground Floor = 2380m2 First Floor = 1071m2 (excluding external terrace area of 245m2) Total = 3451m2

Total additional floor area of 2129m2 over existing building. Option B floor area 1642m2 greater than Option A floor area Order of magnitude of building cost €9.3m (including vat)

Notes: 1. Option A and B include the following, new water treatment system new packaged energy centre, new Roof Heat Exchanger Panels, new Combined Heat and Power Unit. 2. Order of magnitude costs are based on outline designs only and are subject to

78 review. 3. Design Costs are not included.

While all the above was progressing the Council was engaged in discussions with Kilmacud Crokes regarding guaranteed access and car parking rights. The broad terms of an agreement were reached during the summer of 2013 which would add to the cost of the operation of the facility.

Given the extent of the possible construction costs and the changed operating environment in which dlr Leisure Services operates it was considered prudent to ascertain whether the County actually needed and could sustain a fourth public swimming facility. In this regard DKM Economic Consultants were engaged in October 2013 and furnished the Council with their report in early December 2013 (Appendix 8). They concluded “on balance, based on the trends and statistics considered in this report, DKM believes that there is sufficient demand for a fourth public pool/leisure facility in DLR”. However, DKM did not specify the location of such a facility. In this regard, I am recommending that a Multi Criteria Analysis be carried out to establish the most preferred location for a fourth Leisure Centre (incorporating a swimming pool) in the Dun Laoghaire Rathdown administrative area. DKM have indicated that they are in a position to carry out such an analysis and be in a position to present a report to the March Council meeting, after which a considered decision can be made by the Members.

Richard Shakespeare Director of Environment.”

The following two motions were handed up from the floor:

Motion (1) handed up from the floor: It was proposed by Councillor G. Horkan and seconded by Councillors T. Murphy, A. Brennan and C. Devlin:

“That this Council proceed to rebuild a new swimming facility at Glenalbyn Swimming Pool as per option B and that no multi criteria analysis is required as this County is far short of the number of pools required for a population of its size.”

Motion (2) handed up from the floor: It was jointly proposed by Councillor R. Humphreys, B. Saul and G. Horkan:

“The Council - notes the Manager’s report - requests the Manager to explore funding options in the capital budget for Option B, new build, at Glenalbyn, as the more sustainable option, and to report to the March meeting, - requests the Manager to pursue the issue of securing sustainable access to the site and requests all interested parties including Kilmacud Crokes to work towards ensuring sustainable access to the Glenalbyn facility going forward, - notes that the DKM report states that a fourth swimming pool would still leave capacity in the County for further facilities and on that basis requests the Manager to defer the multi criteria analysis and to consider it after the issue of Glenalbyn has been resolved with a view to assessing the extent of further capacity required in the County at that point.”

A discussion took place, during which Mr. R. Shakespeare, Director of Environment responded to Members queries.

Motion (1) from the floor was WITHDRAWN .

Motion (2) from the floor was AGREED .

C/52/14 Policy of Monitoring Smokeless Fuels

The following motion was MOVED by Councillor P. Hand WITHOUT DISCUSSION :

“That this Council review its policy of monitoring smokeless fuels, to detail if the Manager believes the current policy in place is effective. If a review of the current policy can be conducted and its findings presented in a report and in the interim, that Dún Laoghaire- Rathdown County Council carry out an information campaign to inform all residents of the laws pertaining to the use of solid fuels.”

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

“Monitoring and enforcement of the ‘smokeless fuel regulations’ [Air Pollution (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations, 2012] forms part of the annual environmental enforcement programme contained in the R.M.C.E.I. Inspections Plan. This programme also covers monitoring and enforcement of waste legislation (e.g. packaging, tyres, batteries and accumulators, hazardous waste, construction and demolition, end-of-life vehicles, plastic bags, waste facilities) as well as other aspects of air pollution regulation such as in the use of solvents and volatile organic compounds (i.e. dry cleaners and vehicle crash repairs), petroleum vapour emissions and responding to air nuisance complaints.

80 Resources are allocated to the different regulatory areas depending on priorities defined by the Department of the Environment, Community and Local Government and as contained in the R.M.C.E.I. Inspection Plan.

Monitoring and enforcement of the ‘smokeless fuel regulations’ focuses on all aspects of the Regulations – the marketing, sale and distribution of the solid and specified fuels as well as the burning – and actions include the gathering of data on those who market, sell and/or distribute the fuels and providing advice/compliance instructions to those wholesalers/ retailers; inspection of both retailer premises and delivery vehicles which has involved evening surveillance in association with neighbouring authority Wicklow County Council; investigation and resolution of complaints relating to the marketing, sale and/or distribution of alleged non- compliant products or the creation of air pollution through the burning of alleged non- compliant fuels or waste; provision of information to DLR residents via the Council’s web site and the DLR Times which supplements the national awareness campaign run jointly by the Environmental Protection Agency and Department of the Environment, Community and Local Government.

A review of the monitoring and enforcement policy can be carried out and a report presented to the next Water and Waste Strategic Policy Committee meeting.”

C/53/14 Local Area Plan for Blackrock

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

“That the Manager report on the Council’s response to the need to halt the process governing the Local Area Plan for Blackrock.”

The following report of the Manager, copy of which had been d Report:

It was not possible to proceed with the consideration of the Manager’s Report on the public consultation process relating to the Draft Blackrock Local Area Plan (LAP) at the County Council Meeting of 9 th September 2013. This occurred because a number of e-mail submissions received within the statutory period were not taken into consideration in the formulation of the statutory Manager’s Report.

The advice obtained from the Council’s Law Agent at that time was to the effect that it would be unsafe to proceed with the consideration of the Manager’s Report in view of the procedural difficulties that had then emerged. The Members of the Council were advised of this at the Meeting.

Senior Counsel’s Opinion has also confirmed that the decision not to proceed with the LAP process was correct, that the process of making the Blackrock LAP must begin anew and that consideration may only be given to submissions consequent on the initiation of the new statutory procedure.

The commencement of the new procedure in relation to the Local Area Plan was re-advertised on 8 th January 2014.

The Council has already been in communication with the those parties who previously made submissions to (i) explain the current position, (ii) to return the previously submitted documentation, and (iii) to make the relevant parties aware that it is proposed to commence the overall process anew early in 2014.

81 C/54/14 Re-entering of Items

It was AGREED to RE-ENTER Item No. 7, Item No. 13, Item Nos. 18 to 21, Item Nos. 23 to 28 and Item Nos. 30 to 42 to the February meeting of the County Council.

C/55/14 Conclusion of Meeting

The meeting concluded at 8.00 p.m.