DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. . on Wednesday, 1 April 2009 at 5.00 pm

PRESENT

Bailey, J. F. Holohan, R. Bailey, M. Horkan, G. Baker, M. Joyce, T. Bhreathnach, N. Kivlehan, T. Byrne, J. Marren, D. Corish, T. Matthews, T. Cosgrave, L. McCarthy, L. Crowe, G. Mitchell O'Connor, M. Culhane, A. O'Callaghan, D. Devlin, C. O'Higgins, T. Dillon Byrne, J. O'Keeffe, G. Feighery, G. O'Leary, J. Fox, T. Smyth, C. Hand, P.

Apologies for inability to attend were received for Councillor Conway, B.

An Cathaoirleach, Councillor Tom Joyce presided.

OFFICIALS PRESENT

Kathleen Holohan (Deputy Manager), Tom McHugh (Director of Corporate Services), Charles Mac Namara (Director of Services), Tom Loftus (Director of Services), Frank Austin (Director of Services), Andree Dargan (County Architect), Dave Irvine (Senior Planner), Richard Cremins (Senior Planner), Denise Doherty (Senior Planner), Mary Henchy, Thomas Mahon (Administrative Officer), Dennis Daly (Chief Technician), Julie Craig (T/Conservation Officer), Johann Du Preez (Executive Planner), Naoimh Fleming (Executive Planner), Colin Fulcher (Executive Planner), Dara Holohan (Executive Planner), Anne O'Connor (Senior Staff Officer) and Adrienne Donnelly (Clerical Officer)

DEV/157/09 Change of Zoning on Lands Known As The Park Village

At the Special meeting of the County Council on 31 st March, 2009 it was AGREED to defer consideration of Motion Nos. 37 and 142 until a further special meeting of the County Council on 1 st April, 2009.

The Council resumed consideration of motion numbers 37 and 142 as follows:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

1 “That the Manager change the status of the Park, Carrickmines from Neighbourhood Centre to District Centre in anticipation of and in order to cater for the projected residential and employment growth of Carrickmines, and the wider catchment area of Kilternan/Glenamuck, Carrickmines and Stepaside, with a projected population of 40,000 people, all located within a short distance of the centre and also served by the extension to Cherrywood.”

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager change the current zoning on the lands known as The Park Village, Carrickmines, from Neighbourhood Centre to District Centre (Map attached) to permit greater opportunities for the creation of local employment.”

The following additional report of the Manager which was circulated at the meeting was CONSIDERED:

“Background Information

1.GREATER DUBLIN AREA RETAIL STRATEGY (GDARS) July 2008

(i) Retail Floorspace

• GDARS prepared through late 2007 / early 2008. Covers period 2008-2016 • Figures employed in Strategy to determine projected floorspace need were based on 2006 Census data – at a time of record housing completions, strong economic growth, high levels of immigration by non-nationals following EU enlargement and historically low unemployment figures. The last two years has seen a significant reversal in all these indicators. • The GDARS text is sprinkled with a whole series of ‘health warnings’ in relation to the difficulties and dangers associated with projections over long time periods and the need to exercise caution. The Strategy comments that, “Increased population growth or increased economic activity will create higher levels of quantitative need just as less optimistic population projections and weak economic circumstances will reduce levels of need”. • The total retail floorspace need in Dun Laoghaire-Rathdown up to 2016 identified in the Strategy is approximately 125,000 sq m (Low Projection) and 160,000 sq m (High Projection). These figures include for 20% floorspace being let to retail services. The differentiation between Low Projection and High Projection is based on the relative proportions of comparison retail floorspace to be provided in the form of retail warehouse units. • In recognition of the potential lead-in times to deliver certain types of complex retail schemes the Strategy recommends that a 20–25% ‘flexibility factor’ be built into the floorspace need calculations to address applications submitted prior to 2016 but not completed before 2021. With this ‘flexibility factor’ included the figures for Dun Laoghaire-Rathdown increase to approximately 150,000 sq m (Low Projection) to 190,000 (High Projection). In addressing the ‘flexibility factor’ the Strategy cautions that these figures should be reassessed in light of both (i) the population growth in the County and whether it is above or below the RPG figures used in the Strategy and (ii) the levels of economic activity both nationally and locally which will impact on the retail spend by individuals in any catchment area. • While the County Council is obliged to ‘have regard’ to the various floorspace quantums set out in the Retail Strategy the wisdom of actively seeking to deliver

2 on these targets in the context of a softening economy must be questionable. Based on a number of factors, including:-

- the unprecedented growth in the levels of retail floorspace constructed in the County over the last seven years; - the quantum of vacant floorspace associated with recently completed retail / mixed use schemes; - the quantum of ‘pipeline’ floorspace granted permission but not yet commenced construction and / or trading (see below); - the acknowledged underestimate of ‘Special Forms of Trading’ (SFT). it is considered it would be unwise at this time to contemplate floorspace needs figures in excess of 140,000 – 150,000 sq m into the future. ‘Pipeline’ scheme and floorspace ‘allocation’ commitments already afforded to the various District Centres in the current Development Plan are listed below.

Location* Floor Area (Sq m) Details Cherrywood 50,000 sq m (35,000 sq m Town Centre and 3 no. villages of 5,000 sq m each) Dundrum Phase I 12,000 sq m Extension Dundrum Phase II 34,000 sq m (46,000 – 12,000 demolition of existing centre) 19,000 sq m (25,000 – 6,000 demolition of existing centre) Blackrock / Frascati 10,000 sq m (22,000 – 12,000 demolition of existing centre) HB Nutgrove 15,000 sq m Stepaside / Berarmine 8,000 sq m Deansgrange 2,000 sq m Business 48,000 sq m Estate The Park, Carrickmines 18,000 sq m

(*In addition to the above a notional 4,000 – 5,000 sq m has been allocated to Dun Laoghaire Town Centre to facilitate limited new retail floor-space and / or the re- development and expansion of established units).

The stark conclusion from the above is that if all ‘pipeline’ retail floorspace and the committed ‘allocations’ were to be realised this would total approximately 220,000 sq m – well in excess of even the most optimistic floorspace needs evaluation set out in the Strategy.

(ii) Retail Hierarchy The GDARS advises that the retail hierarchy is a core spatial policy around which the future growth, rejuvenation and expansion of the retail sector will be focussed. The retail locations detailed in the Strategy hierarchy should form the basis for determining the quantum and location for new retail development. The Strategy also stresses that “… there is a limited quantitative case to be put forward for the provision of new centres outside of those planned in the Regional Planning Guidelines” . The Manager’s Draft Development Plan fully concurs with this position. The Retail Hierarchy set out in the

3 Manager’s Draft Development Plan (Table 7.1) simply echoes the Hierarchy as set out in the GDA Retail Strategy viz:-

Major Town Centres – Dun Laoghaire and Dundrum; District Centres – Blackrock, Stillorgan, Nutgrove, Cornelscourt and Cherrywood; Neighbourhood Centres – serving both established residential neighbourhoods and new neighbourhood centres focussed on areas subject to planned population growth.

2. THE PARK - CARRICKMINES

• The Park, Carrickmines is located on lands zoned Objective ‘E’ – ‘To provide for economic development and employment’ in the current 2004 – 2010 County Development Plan. Retail warehousing is ‘Permitted in Principle’ while Shop (neighbourhood) and Shop (local) are ‘Open for Consideration’ under the zoning objective. There is also a Specific Local Objective on The Park “To provide for the development of a Neighbourhood Centre”. • The breakdown of different uses in the four quadrants of The Park are attached in Appendix 1 for information. These are based on existing and extant planning permissions. • In Quadrant 1 the c.18,000 sq m of retail warehousing was constructed and trading prior to Autumn 2007 when the GDASR data was being collated. • In Quadrant 2 the c.13,000 sq m of (primarily) retail warehousing was under construction in 2007 but did not commence trading until 2008. As such it was included as a ‘pipeline scheme’. • In Quadrant 4 Planning Application D08A/0052 was recently permitted by the County Council. In addition to significant commercial office space, the scheme also incorporates some 330 residential units, some 5,000 sq m of retail floor- space (2,500 sq m comparison / 2,500 sq m convenience) and ancillary uses (restaurants / retail services/ food courts etc) extending in total to an additional 5,000 sq m.

3. PROXIMITY TO COMPETING CENTRES

• The planned Cherrywood Town Centre (35,000 sq m) is located less than 2.5 kilometres east of The Park, is served by the same Luas Line B1 extension and will, more properly, serve the same comparison goods catchment area as is described in the Motion. • The planned Kiltiernan Neighbourhood Centre is located less than 2km south of The Park. Pre-planning discussions have already commenced with the owners/developers in relation to the detailed planning and development of this scheme. • Priorsland, one of the proposed Cherrywood SDZ ‘urban villages’ (of c. 5,000 sq m), is proposed in the environs of the Carrickmines LUAS Stop only 600 metres north-east of The Park. • The Leopardstown Valley Shopping Centre, which commenced trading only in 2008 and is anchored by Dunnes Stores is located just off Ballyogan Road less than 1 kilometre west of The Park.

4. TRANSPORTATION

4 • This motion, if adopted, to change the status of the Park Carrickmines from Neighbourhood centre to District Centre, will mean an intensification of development at this location and additional trips on the road network at peak times.

• The existing Carrickmines Interchange limits the capacity of the current and planned road network at this location. Studies underway to determine whether this interchange could be improved have not, to date, indicated any feasible solution. Archaeological constraints at this location are significant. It is unlikely that any significant improvements can be made to this interchange, which in any event would require NRA approval.

• The transportation studies undertaken in relation to Cherrywood and Kilternan/Glenamuck have indicated that the planned road network at this location will be fully utilised in catering for those developments and other zoned lands (including Leopardstown Racecourse) in the area. An intensification of use at The Park will make it extremely unlikely that the road network could support the quantum of development currently planned at Cherrywood and Kilternan/Glenamuck. A reduction in the quantum of development at Cherrywood, and possibly Kilternan/Glenamuck, may be required to offset the increased demand at The Park if this Motion is adopted.

• The proposal to change the status of The Park would also have a detrimental effect on traffic access from Kilternan/Glenamuck to the motorway and Cherrywood. It would place significant extra traffic demand on the planned Glenamuck District Distributor road that will be funded by S49 contributions from the Kilternan/Glenamuck LAP area. The proposal will also create additional traffic on the planned link road into Cherry wood which will be fully funded by developments within the proposed SDZ in Cherrywood.

RECOMMENDATION

Having regard to:-

• the GDA Retail Strategy comment in relation to there being a limited quantitative case for the provision of new centres outside of those planned in the Regional Planning Guidelines • the significant quantum of ‘pipeline’ schemes with extant planning permissions • the ‘committed’ floor-space ‘allocations’ to the various District Centres in the current County Development Plan (plus a notional 5,000 sq m ‘allocated’ to Dun Laoghaire to facilitate redevelopment / limited expansion) • the number of ‘committed’ retail cores in the immediate proximity of the site referred to in the Motion - Kiltiernan, Leopardstown Valley, Cherrywood Town Centre and Priorsland Urban Village. • the potentially significant adverse consequences of additional traffic movements on the local roads network it is considered there is no objective or reasoned rationale at this time to change the status of The Park, Carrickmines.”

A lengthy discussion followed during the course of which, Ms. K. Holohan, Mr. D. Irvine and Mr. T. Loftus responded to Member’s queries. It was proposed by An Cathaoirleach Councillor T. Joyce, seconded by Councillor J. O’Leary to amend Motion No. 37 to read as follows:-

5 "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager change the status of the Park, Carrickmines from Neighbourhood Centre to District Centre in anticipation of and in order to cater for the projected residential and employment growth of Carrickmines, and the wider catchment area of Kilternan/Glenamuck, Carrickmines and Stepaside, with a projected population of 40,000 people, all located within a short distance of the centre and also served by the LUAS extension to Cherrywood. Gross lettable retail sales space in The Park, Carrickmines District Centre zoned lands to be 25,000 sq m.”

The Deputy Manager stated that she did not agree with this Amended Motion. The Motion was PUT. A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony √ Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary O’Callaghan, Denis √ O’Higgins, Tom √

6 O’Keeffe, Gearóid √ O’Leary, Jim √ Smyth, Carrie √ TOTAL: 13 12

An Cathaoirleach, Councillor T. Joyce declared the motion CARRIED.

It was proposed by Councillor J. Byrne, seconded by Councillor G. Crowe to amend Motion No. 142 as follows:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager change the current zoning on the lands known as The Park Village, Carrickmines, from Neighbourhood Centre to District Centre (Map attached) to permit greater opportunities for the creation of local employment. Gross lettable retail sales space in The Park, Carrickmines, District Centre zoned lands to be 25,000 sq m.”

The Deputy Manager stated that she did not agree with this Amended Motion. The Motion was PUT . A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony √ Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √

7 Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid √ O’Leary, Jim √ Smyth, Carrie √ TOTAL: 13 12

An Cathaoirleach, Councillor T. Joyce declared the motion CARRIED.

DEV/158/09 Amendment to P 186, Map 5

At the Special meeting of the County Council on 31 st March, 2009 it was AGREED to defer consideration of Motion No. 53 until a further special meeting of the County Council on 1 st April, 2009.

The Council resumed consideration of motion number 53 as follows:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council amends the Manager’s Draft County Development Plan 2010–2016 as follows: p.186, Map 5: delete last row (link alongside Luas).”

It was proposed by Councillor A. Culhane, seconded by Councillor D. O’Callaghan to amend Motion 53 to read as follows:

That this Council amends the Manager’s Draft County Development Plan 2010-2016 as follows:

Specific Local Objective 75 “To investigate the feasibility of providing a public transport corridor connecting Drummartin Link Rd to Luas alongside the Luas Line” to be amended to read

“To investigate the feasibility of providing a public transport corridor connecting Drummartin Link Road to the Dundrum Town Centre.”

Policy 12.1.9 “It is Council policy to facilitate the introduction of Bus Rapid Transit from the Dart line to Sandyford/Dundrum Town Centre via UCD, utilising where possible the Eastern Bypass reservation, the Drummartin Link Road (DLR), the road reservation from the DLR, parallel to the Luas Line, to Ballaly Luas station and from Sandyford to

8 Cherrywood based on the old Harcourt St Line to integrate with existing bus and light and heavy rail routes.” to be amended to read

“It is Council policy to facilitate the introduction of Bus Rapid Transit from the DART line to Sandyford/Dundrum Town Centre via UCD, utilising where possible the Eastern Bypass reservation, and from Sandyford to Cherrywood based on the old Harcourt St line. The BRT will integrate with existing bus and light and heavy rail systems. The actual routes to be utilised will be finalised following the completion of detailed feasibility studies.”

The Deputy Manager stated that she agreed with this amended Motion.

The amended Motion was PUT and AGREED .

DEV/159/09 Inclusion of Wooded Valley At Corke Abbey/Woodbrook Glen in Section 9.3.7

At the Special meeting of the County Council on 31 st March, 2009 it was AGREED to defer consideration of Motion No 80 until a further special meeting of the County Council on 1 st April, 2009.

The Council resumed consideration of motion number 80 as follows:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

Section 9.3.7 must explicitly include the wooded valley at Corke Abbey/Woodbrook Glen in the critical assets and significant feature, on the plans section detailing the areas listed.”

The Deputy Manager READ the following amended report:

Condition No. 36 of Planning Application D07A/1495 which is currently on appeal to An Bord Pleanala states

“The applicant shall at his expense undertake a study to the approval of and under the auspices of Dun Laoghaire Rathdown County Council, and in consultation with the local communities of Corke Abbey and Woodbrook Glen to provide a pedestrian/cycle route linkage through these estates to connect to similar provision within the proposed development. The purpose of this is to ultimately procure a link between the East Coast Cycle Route via the Woodbrook/Shanganagh Local Area Plan area and its environs and Bray Dart Station (via the proposed pedestrian/cycle bridge etc. over the River Dargle). The Applicant has offered to fund the procurement (design and construction) of this link (should such a link be agreed by the relevant parties). In this regard, on completion of the study, or within six months of commencement of the development (whichever is earlier), the Applicant shall make a special contribution under Section 48 (2) (c) of €200,000 index-linked to the CSO Wholesale Price Index-Building and Construction (Capital Goods) with any outstanding balance being updated at 1 st January each year during the life of the Scheme. In the event that the outturn cost of this is less than the index-linked €200,000, then the Council will reimburse the Applicant accordingly.

REASON: In the interest of the proper planning and sustainable development of the area.”

9

In the event that An Board Pleanala grants planning permission for this development, and that the decision includes the foregoing condition then if the developer implements this permission then the developer will have to comply with that condition.

The Manager’s amended report was AGREED.

DEV/160/09 Cherrywood Area Plan

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the plan for the Cherrywood area would include practical policies to maximise the employment opportunities for local people.”

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

“The Manager agrees with the sentiment of the Motion.

The proposed Cherrywood Strategic Development Zone Plan will provide for a wide range of employment types. It will provide for a mix of development so that the new community in Cherrywood has the opportunity to work in close proximity to home whilst the Plan will also facilitate ease of access from adjoining established residential areas. The detail of the draft Cherrywood Strategic Development Zone will be brought to the Council for consideration and adoption by the Elected Members. If at that stage Elected Members consider it appropriate to make amendments or include additional policies they will be in a position to do so. It is therefore considered that the sentiment of the Motion is relevant to the proposed Cherrywood Strategic Development Zone plan and that no alteration to the Manager’s Draft Development Plan is recommended.”

The Manager’s Report was AGREED.

DEV/161/09 Support for Small Enterprise

It was proposed by Councillor G. Crowe, seconded by Councillor J. Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this plan would incorporate a section on supporting small enterprise, detailing how the Council can best support local small business, and how the Council can make it easier for these enterprises to prosper, including how best to use the new smart economy to the best advantage."

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

“The Manager does not agree with this Motion.

The policy on enterprise incubator units as outlined in section 6.2.10 of the Manager’s Draft Plan is considered to be adequate.

Support systems for small enterprise are provided by a range of state agencies and the policy states that the Council will liaise with the public sector enterprise support agencies, with voluntary community development groups and with business organisations in Dún Laoghaire-Rathdown to facilitate the provision of suitable premises for such enterprises. In addition, major planning applications, located in employment zoned areas, may be required to provide for incubator/starter units within the development.

A further policy on the promotion of the knowledge economy is outlined in paragraph 6.2.3 of the Manager’s Draft.

While the sentiments of the Motion are acknowledged, the Manager does not recommend that it be adopted.”

The Manager’s Report was AGREED.

DEV/162/09 County Social Housing List

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this plan would include practical policies and solutions to address the current 3,881 people on this county’s social housing list, this will effect speedier occupancy of new, empty and refurbished dwellings and that specific targets are set for the life of this plan."

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

“The Manager does not agree with this motion.

The Planning and Development Act 2000 requires planning authorities to include in any Development Plan a strategy for the purpose of ensuring that the proper planning and sustainable development of the area of the development plan provides for the housing of the existing and future population of the area in the manner set out in the strategy.

A planning authority must include specific objectives in the Development Plan in order to secure the implementation of the housing strategy, in particular objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses be made available for the provision of social and affordable housing.

11 In this regard the Draft Housing Strategy has specified that 20% percent of all such lands will be required for social/affordable housing. This is the maximum percentage permitted to be specified under the Act for such purposes.

The setting out of specific targets for the provision of social/affordable housing can more appropriately be dealt with in the context of the Housing (Miscellaneous Provisions) Bill 2008, which requires housing authorities, within six months of the making of a Development Plan, to make a Housing Services Plan setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.

This motion relates to operational issues, which are not appropriate to the Development Plan process.”

The Manager’s Report was AGREED.

DEV/163/09 Plan to Cater for Social and Affordable Applicants

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this plan would include specific and detailed plans to demonstrate how the current number of the 4,620 Part V social and affordable housing applicants will be catered for in the county."

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

“The Manager does not agree with this motion.

The Planning and Development Act 2000 requires planning authorities to include in any Development Plan a strategy for the purpose of ensuring that the proper planning and sustainable development of the area of the Development Plan provides for the housing of the existing and future population of the area in the manner set out in the strategy.

A planning authority must include specific objectives in the Development Plan in order to secure the implementation of the housing strategy, in particular objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses be made available for the provision of social and affordable housing.

In this regard the Draft Housing Strategy has specified that 20% percent of all such lands will be required for social/affordable housing. This is the maximum percentage permitted to be specified under the Act for such purposes.

The setting out of specific targets for the provision of social/affordable housing can more appropriately be dealt with in the context of the Housing (Miscellaneous Provisions) Bill 2008, which requires housing authorities, within six months of the making of a Development Plan, to make a Housing Services Plan setting out the objectives which the

12 housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.

This motion relates to operational issues, which are not appropriate to the Development Plan process.”

The Manager’s Report was AGREED.

DEV/164/09 Graffiti Free County

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this plan must include specific proposals, planning design changes, and a stated objective, to have this county graffiti free during its term."

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

“The Manager does not agree with this Motion.

The Manager considers that the prevention and removal of graffiti is not a Development Plan issue, but rather an operational matter for the Council in conjunction with the Gardai. The Council has set out its policies and objectives in relation to graffiti in the Dún Laoghaire Rathdown County Council Litter Management Plan 2009 to 2011.

These policies include Graffiti Awareness Programmes for Secondary Schools. The Environmental Awareness Officer is currently working with the local Community Garda to develop an education programme for secondary schools, which will focus on the consequences, effects and costs involved in graffiti. The Council also supports community groups in tackling graffiti in their localities. This support takes the form of financial assistance for paint to cover over graffiti and for the purchase of shrubs and climbers that can be planted to fend off graffiti offenders in the long term. The Council also has an annual budget for graffiti removal, which is carried out by a contractor in locations specified by the Council.

In 2008 the graffiti removal programme undertaken by the Council has been successful with a significant reduction in graffiti in the County. A total expenditure of €200,000 included removal of graffiti and also encouraging and assisting community groups/residents associations to tackle this problem in their own areas. As graffiti is an ongoing problem a similar amount of €200,000 has been provided for 2009.

While the sentiments of the Motion are acknowledged, the Manager considers that the issue is best addressed as part of the Environment Department’s own operational plans and therefore no alteration to the Manager’s Draft Development Plan is recommended.”

The Manager’s Report was AGREED.

13 DEV/165/09 Anti-Social Behaviour Free County

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this plan would include specific proposals, planning design changes, and a stated objective, to have this county anti social behaviour free during the lifetime of this plan."

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

“The Manager does not agree with this Motion.

The Manager considers that the issue of urban and planning design and its relationship with anti-social behaviour is being addressed through the day-to-day development management system and through the forward planning system through best practice principles outlined through the concept of Crime Prevention through Environmental Design (CPTED).

This preventative model has been implemented by An Garda Síochána and aims to lessen the risk of exposure to crime that a community may face. This is achieved in the course of planning/construction having regard to the surrounding physical environment.

This is done through three core principles: • Territoriality (this is the area over which an individual feels ownership of a physical space e.g. private property). • Collective responsibility (i.e. creating social cohesion where a crime against one is a crime against all). • Detailed security design (i.e. playgrounds, sports amenities).

By integrating these considerations into the construction stage the risk of crime being committed is lessened and therefore preventative in its nature. An Garda Síochána offers an advisory service for the Council and a range of community partners to lessen their exposure to criminal activity.

While the sentiments of the Motion are acknowledged, the Manager considers that the issue is being sufficiently addressed as an operational day-to-day development management issue.”

The Manager’s Report was AGREED.

DEV/166/09 Project to Eliminate Flooding at Problem Areas

It was proposed by Councillor G. Crowe, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

14 That this plan would include a specific project to manage and eliminate the flooding problem at each problem area, including Seaview in Killiney and not be general in its approach to this issue."

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

“The Manager does not agree with this Motion.

The Development Plan contains polices aimed at delivering on key water services projects which, when complete, will alleviate flooding throughout the County. It is not considered appropriate to list specific localised problem areas as catchment-wide flood- relief planning is more effective and sustainable.”

The Manager’s Report was AGREED.

DEV/167/09 Amendment to Policy CC3 14.1.3

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor N. Bhreathnach:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Policy CC3, 14.1.3, the title be amended to: Wind & Wave Energy.

1st line: amend to: It is acknowledged that wind and wave energy as a renewable etc. etc.

And last line of this paragraph: "Implementation of additional wind & wave projects in the Irish Sea."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

Paragraph 14.1.3 of the Draft Manager’s Plan be amended with the addition of the underlined text:

14.1.3. Policy CC3: Wind and Wave Energy It is Council policy to support and promote, in conjunction with other relevant agencies, wind and wave energy initiatives – both on-shore and offshore – when these are undertaken in an environmentally acceptable manner.

15 It is acknowledged that wind and wave energy as renewable energy sources could have an important role to play in achieving national targets in relation to reductions in fossil fuel dependency and, by implication, greenhouse gas emissions. The Government’s ‘Wind Energy Development Guidelines for Planning Authorities’ (2006) sets out a detailed methodology to help identify optimum locations for the development of commercial wind generating facilities. Having undertaken an analysis of wind speeds and the sensitive landscapes of the County at a broad level, and their relationship to the existing electricity grid network, Dún Laoghaire-Rathdown concluded there is no realistic or practical potential for economic on-shore wind farm development in the County without significant and overriding adverse visual and environmental impacts. (The analysis leading to this conclusion is set out in Appendix E).

The Council remains supportive of offshore wind and wave energy initiatives and will cooperate with the Department of Communications, Marine and Natural Resources in any practical fashion in relation to the implementation of additional wind farm and wave energy projects in the Irish Sea”.

The Manager’s Report was AGREED.

DEV/168/09 Amendment to P.G 82 9.1.

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor N. Bhreathnach:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That 2 triangles be included at the end of East & West Pier, that "Views & Prospects" be maintained of Dun Laoghaire Town. To be included in 9.1, page 82."

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

“The Manager does not agree with this Motion.

The protection of the view from the end of the East and West Pier is considered to be an issue intertwined with the issue of building height in Dún Laoghaire, addressed in previous Motion No. 98. The possible adulteration of views from the pier toward the shore through development along the seafront is an issue that is best addressed through the mechanism of a Local Area Plan for the Town, and the establishment of policies in relation to building height along the shoreline.

When the Local Area Plan for Dún Laoghaire commences, the Manager recommends that the issue of appropriate building heights for the Town be addressed through this mechanism.”

Following discussin the Motion was PUT and AGREED

DEV/169/09 Amendment to Open Space & Recreation 10

It was proposed by Councillor J. Dillon Byrne, seconded Councillor N. Bhreathnach:

16

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, regarding "Open Space & Recreation, 10, that the following be included: Booterstown Beach Blackrock Bathing Place Seapoint Sandycove Harbour & Beach 40 Ft. Swimming Area Bulloch Harbour White Rock Beach Killiney Strand Vico Bathing Area as 10.2.12 or 9.4.3, page 89."

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

“The Manager agrees with this Motion, however does not agree with the list proposed.

The Department of Environment, Heritage and Local Government has designated two beaches as designated Bathing Areas within the County - Killiney and Seapoint. There are a number of informal bathing areas along the coast of the County, which include the 40 Foot, Sandycove, Whiterock and Corbawn and these could be included within the Draft Development Plan as informal bathing areas.

Although informal bathing also occurs at places like Bulloch Harbour, Blackrock and the coastal area of Booterstown, there are health and safety concerns and issues in relation to the lack of facilites associated with these areas and as such swimming here is discouraged. In light of this it is not advisable to list these areas within the Draft Development Plan.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

That the following be added to the end of Section 9.4.3 of the Manager’s Draft Development Plan:

There are two Designated Bathing Areas within the County - Seapoint and Killiney. Other informal Bathing Areas within the County include: • The 40 Foot • Sandycove • Whiterock • Corbawn”

Following discussion it was proposed by Councillor J. Dillon-Byrne, seconded by Councillor N. Bhreathnach to amend motion no. 101 to read as follows:

That the following be added to the end of Section 9.4.3 of the Manager’s Draft Development Plan:

17

The areas traditionally used for bathing in the County include:

• Booterstown Beach • Blackrock Bathing Place • Seapoint • Sandycove Harbour and Beach • 40ft Swimming Area • Bulloch Harbour • White Rock Beach • Killiney Strand • Vico Bathing Area • Corbawn

The amended Motion was PUT. A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary O’Callaghan, Denis √

18 O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 18 1

An Cathaoirleach, Councillor T. Joyce, declared the amended Motion CARRIED .

DEV/170/09 Amendment to Policy T12

It was proposed by Councillor J. Dillon Byrne, Councillor N. Bhreathnach:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 10.2.3, the S to S will be progressed during the life of this plan as it is recognised as a development of an appropriate complementary facility, and adds to the amenity of Dun Laoghaire Rathdown."

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

“The Manager agrees with the sentiments of this Motion, but does not agree with the wording of the Motion.

Policy 10.2.3 relates to improvements within existing parks and open spaces. The S2S project which is a coastal walk and cycle route will require significant new structures to be built along stretches of the coastline. It will also require substantial sources of funding to be identified to realise a project of this scale, which is altogether more significant in scale and nature to the types of projects envisaged by Policy 10.2.3. While there remains a degree of uncertainty in relation to the timing of the project, Policy T12: Cycling and Walking states that “the Council will also support the development of the Sutton to Sandycove (S2S) and East Coast Cycle Routes in corporation with the relevant agencies”. It is considered this demonstrates the Council’s unequivocal support to the S2S project.”

Following discussion it was proposed by Councillor J. Dillon-Byrne seconded by Councillor N. Bhreathnach that Motion No. 102 be amended to read as follows:-

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in relation to Policy T12 Page 114 paragraph 4 the following underlined text be added:

The Council will also support the development of the Sutton to Sandycove (S2S0 and East Coast Cycle Routes in co-operation with relevant agencies. Subject to the availability of resources the S2S would be progressed during the life of this plan as it is

19 recognized as a development of an appropriate complementary facility and adds to the amenity of Dun Laoghaire Rathdown.”

The amended Motion was PUT and AGREED .

DEV/171/09 Policy CC12 to Include S2S Cycle Route

It was proposed by Councillor R. Holohan, seconded by Councillor T. Corish:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the manager adapt the Manager's Draft Development Plan (Policy CC12), to include the S2S cycle route as part of the Coastal Defence Strategy for the county."

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

“The Manager does not agree with this Motion.

Policy 10.2.3 relates to improvements within existing parks and open spaces. The S2S project which is a coastal walk and cycle route will require significant new structures to be built along stretches of the coastline. It will also require significant funding to be identified to realise a project of this scale. The scale and nature of this project are not in line with the projects identified in Policy 10.2.3

The Coastal Defence Strategy for the County is at a well advanced stage and will be brought to the Members in the near future. The brief given to consultants was to examine coastal defence issues. The consultants responsible for drafting the Strategy have, as part of their brief, consulted with ‘Scott Wilson’, the consultants who prepared draft cross-section design alternatives for the Sutton to Sandycove Cycle Route. The Coastal Defence Strategy has ‘had regard’ to the initial design alternatives for the Sutton to Sandycove cycle route.

While there has been a crossover between the two projects, the Sutton to Sandycove Cycle Route is considered to represent a materially different project, outside the brief of coastal defence along the full length of Dún Laoghaire Rathdown’s coastline. As the study is close to completion, it is considered that the finished report should be considered on its merits and that the S2S project be considered separately.”

The Manager’s Report was AGREED.

DEV/172/09 Amendment to Chapter 12 Page 109

It was proposed by Councillor J. Dillon Byrne, seconded by Councillor N. Bhreathnach:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

20

That, in relation to Chapter 12, page 109, this Council undertakes to provide safe cycle lanes on every road where work is being executed within the life of this plan. That the cycle lanes be of a high standard of surface provision and be designed to protect the cyclist from vehicular traffic."

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

“The Manager agrees with this Motion subject to redrafting as follows: “Cycletracks will be provided with all new build roads, where appropriate and practicable and if in accordance with the Council’s cycling policy”.

The current preference is to generally provide on road cycletracks in order to give cyclists equal priority to motorists and particularly at junctions except in the case of higher speed roads and dual carriageways etc where they too where possible are brought down to road level at junctions.

Hence there is always a possibility of conflict between cyclists and motorists but by judicious design and with good driver and cyclist behaviour the potential for conflicts can be minimised. It should be noted there is no such thing as a safe road or safe cycletrack as, unfortunately, there is always a potential risk. It is reducing and minimising those risks and creating safer roads and cycletracks that is the ongoing challenge.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

The first paragraph of Section 12.1.12 be amended by the addition of the underlined wording:

“The Council will promote and provide for the development of cycling and walking as healthy sustainable attractive transport modes in the County for commuting, short utility trips, recreation trips and trips to school/colleges. The design of all public transport routes and road schemes shall, where possible, include cycle and pedestrian facilities. Cycletracks will be provided with all new build roads, where appropriate and practicable and if in accordance with the Council's Cycling Policy”. The Development Management process shall ensure that cycle and pedestrian facilities will be enhanced and that good linkages will be provided between new and existing facilities and to public transport corridors to promote ‘bike and ride’ and ‘stride and ride.”

The Manager’s Report was AGREED.

DEV/173/09 Upkeep and Improvement of Existing Public Open Space

The following motion in the name of Councillor M. Mitchell O’Connor was NOT MOVED :

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

21 That the new County Development Plan prioritise the upkeep and improvement of existing public open space in Dun Laoghaire Rathdown and set out specific guidelines for public open space, with an emphasis on security and amenity."

DEV/174/09 Local Area Plans

The following motion in the name of Councillor M. Mitchell O’Connor was NOT MOVED :

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the new County Development Plan identify areas for which Local Area Plans are to be prepared and definitive timetables for their adoption."

DEV/175/09 New Ambitious Benchmark for Planning in Dún Laoghaire

The following motion in the name of Councillor M. Mitchell O’Connor was NOT MOVED .

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the new County Development Plan set a new, ambitious benchmark for planning in Dun Laoghaire, that aims to set the local authority apart as an exemplar of best practice. The overall objective must be the provision of a planning service that puts communities and the environment first and which sets new standards for urban development in Ireland."

DEV/176/09 Area Indicated in Map to be Zoned as Objective F

It was proposed by Councillor N. Bhreathnach, seconded by Councillor L. McCarthy:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in the interest of retaining scarce open space and recreational amenities that the area indicated in the map submitted with this motion that is currently in active use for sport and recreational purposes be zoned as Objective F in the County Development Plan."

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

22 “The Manager does not agree with this Motion.

The lands, located at the north of the UCD campus, immediately to the east of the Belfield Office Park are currently zoned residential and are the subject of a current planning application (Reference D08A/1273 – for a mixed-use development consisting of residential, office, science and technology, retail and crèche uses including 207 no. residential units).

The lands are in private ownership and, outside of exclusive University sports clubs, do not offer any public open space function or access.

The UCD campus maintains extensive sports grounds on the campus site and it is considered that, in light of the proposed ‘Third Level Institute’ zoning for UCD which prohibits further residential development (excluding student accommodation), the residential zoning on this small area of the campus, for which development proposals are already well advanced, can be justified.”

Following discussion it was proposed by Councillor N. Bhreathnach, seconded by Councillor L. McCarthy that Motion No. 108 be amended to read:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the area indicated in the map submitted with this motion that is currently in active use for sport and recreational purposes be zoned as Objective TLI in the County Development Plan."

The Motion was PUT. A roll call vote was then called for which resulted as follows:

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. Bailey, Maria Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √

23 Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 8 13

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/177/09 Amendment to Maps 1.2.3 New Objective

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Maps 1, 2, and 3, the following change is made:

Add new objective:

To facilitate, support and enhance educational facilities in the County, in particular the VEC activities that will foster strong links between education, community and the business sector in the County."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

24 A Specific Local Objective (SLO) shall be added on Maps 1,2 and 3 for each of the VEC locations to state:

“To facilitate, support and enhance educational facilities in the County, in particular the VEC activities that will foster strong links between education, community and the business sector in the County.”

The Manager’s Report was AGREED.

DEV/178/09 Amendment to 16.6.2

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 16.6.2, the following changes are made (amend and add):

Amend para 3 There are two types of public open space to There are three types of Public

Add 'Class 3 Passive Which is found usually in and around beauty spots in the County and will remain available for the views, natural life and as a 'green lung' to be enjoyed by residents and visitors in the County.'"

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

“The Manager does not agree with this Motion.

Section 16.6.2 of the Manager’s Draft Plan ‘ Public Open space Provision – Residential Developments over 50 Units’ refers to the classification of open spaces provided as part of proposed residential development schemes.

The issue of the broader definition and classification of public open spaces outside of residential developments is considered to be a different issue. It is envisaged that the forthcoming ‘Green Space Strategy’ under preparation by consultants on behalf of the Parks Department will address the issue of the classification of all types of open spaces around the County.”

Following discussion the Deputy Manager agreed to amend her report to include the following:

The issues raised in this motion in relation to the provision of passive open space will be considered in the context of the preparation of the “Green Space Strategy”.

The Manager’s amended report was AGREED.

25

DEV/179/09 Amendment to 16.3.4 (i)

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 16.3.4 (i), the following change is made:

Add: 'Penthouses may be acceptable where living space constitutes the equivalent of one storey and the skyline is in keeping with our heights study.'"

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11,(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

To add the following paragraph to Section 16.3.3 Apartment Development:

(viii) Penthouse Development The addition of a penthouse level storey in a proposed apartment scheme may be acceptable where living space constitutes the equivalent of one storey. The visual impact of apartment developments on the skyline will be assessed in accordance with the principles of the Council’s Building Heights Strategy”.

The Manager’s Report was AGREED.

DEV/180/09 AMENDMENT TO 12.1.5 POLICY T5

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 12.1.5 Policy T5: Quality Bus Network, the following change is made:

Amend. at (m)

Mount Merrion Avenue to Rock Road - from Frascati Road, including Rock Hill, Main Street, Temple Hill (link to Blackrock feeder routes)

26 add underlined words."

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

“The Manager does not agree with this Motion.

However, in the interest of clarity recommends the rewording of the proposed Quality Bus Corridor.

The Mount Merrion QBC is substantially complete. The rewording of the Objective in accordance with the Motion would effectively provide an Objective for a scheme that has already been implemented.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

That in the interest of clarity the wording of bullet point 13 of Table 12.2 be amended to read as follows:

Rock Road (from the junction with Mount Merrion Avenue) – Frascati Road, including Rock Hill, Main Street, Temple Hill (Link to Blackrock Feeder Routes).”

Following discussion the Deputy Manager agreed to amend her report to state that the Manager agrees with this Motion. It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon-Byrne:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

That in the interest of clarity the wording of bullet point 13 of Table 12.2 be amended to read as follows:

Rock Road (from the junction with Mount Merrion Avenue) – Frascati Road, including Rock Hill, Main Street, Temple Hill (Link to Blackrock Feeder Routes).”

The amended motion was PUT and the Manager’s amended report was NOTED.

DEV/181/09 Amendment to 7.8.2 (g)

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 7.8.2 (g), the following change is made:

27

To seek renewal of the area between Blackrock Dart Station and Main Street opening vistas to the shoreline . add the underlined words."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

It is recommended that the following underlined text be added to Section 7.8.2 at the end of Bullet 7 on page 69 of the Manager’s Draft:

“To seek renewal of the area between Blackrock Dart Station and Main Street opening vistas to the shoreline”.”

The Manager’s Report was AGREED.

DEV/182/09 Amendment to 7.8.2 (h)

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 7.8.2 (h), the following change is made:

To ensure that any future development in the envirions of the Main Street respects the height, scale and mass of existing structures and reflects the importance of the seashore as a public facility .

Add the underlined words."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

That the Planning Authority pursuant to Section 11 (5) (c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

28 It is recommended that the following underlined text be added to Section 7.8.2 at the end of Bullet 8 on page 69 of the Manager’s Draft:

“To ensure that any future development in the environs of the Main Street respects the height, scale and mass of existing structures and reflects the importance of the seashore as a public facility”

The Manager’s Report was AGREED.

DEV/183/09 Amendment to 9.4 Addition at Para (b) After Beaches

It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to 9.4. The Coast and the Mountains, the following change is made:

Add at para (b) after beaches

The blue flag status at Seapoint and Killiney Bay will be aimed for during the duration of the Development Plan.

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

“The Manager does not agree with this Motion.

There are 29 Criteria to be achieved to obtain a Blue Flag. However, it has become evident that the Council’s ability to achieve the standard is for the most part based on water quality, an element of the process that the Council cannot adequately predict or control.

Dublin Bay's water quality system is complex and there are many influencing factors that are not within the control of the local authority, including rainfalls, outfalls, overflows, tides etc. Similar to most urban areas, the quality of the bathing water may on occasions be affected by discharges from wastewater treatment plants and overflows from sewers and pumping stations, particularly in the event of heavy rainfall

There are long term infrastructural plans to address bathing water quality issues under the Council's control - schemes at various locations, to remove surface water from the combined system feeding into the West Pier Pumping Station area, are being advanced. Removal of the surface water would be an obvious benefit in improving the situation. It will be difficult to achieve however and will involve the laying of large separate surface water pipes to take the rainwater. Consequently, this has to be viewed as a long-term solution. The current construction of the Waste Water Treatment Plant in Shanganagh will vastly improve the water quality in Killiney Bay and beyond.

The Council will continue to aim for the high standards associated with the Blue Flag but does not wish to be disingenuous to swimmers, An Taisce and the International Blue Flag Coordination Committee, by applying for a Blue Flag Award in circumstances where the Council simply does not have adequate control over water quality on a consistent basis.”

29 Following discussion the Motion was PUT and AGREED.

DEV/184/09 Incorporation of the Principles of the SMART Growth Initiative

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Council directs the Manager in accordance with the provisions of Section 11 (5) (c) of the 2000 Planning Act to incorporate into the forthcoming Draft County Development Plan, the principles of the Smart Growth initiative developed to effect the implementation of more efficient land-use planning as an alternative to urban sprawl, traffic congestion, disconnected neighbourhoods, and obsolete development based on the following principles: 1. Mix land uses; 2. Take advantage of adaptable compact building design utilising quality durable materials; 3. Create a range of housing opportunities and choices; 4. Create walkable communities with appropriate priority measures; 5. Foster distinctive, attractive communities with a strong sense of place; 6. Preserve open space, farmland, natural beauty and critical environmental areas; 7. Strengthen and direct development towards existing communities; 8. Provide a variety of transport choices; 9. Make development decisions predictable, fair and cost effective; 10. Encourage community and stakeholder collaboration in development decisions; 11. Efficient management, adaptation, reuse and expansion of infrastructure, and 12. Infill redevelopment and adaptive use and re-use in built-up areas; and that the overall strategy, policies and objectives in the County Development Plan be framed to be consistent with this initiative."

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

“The Manager does not agree with this Motion.

The Motion effectively sets out the broad principles of sustainable development, which has become known in U.S. planning terminology as ‘Smart Growth’. It is considered that the principles outlined in the Motion are fundamentally embedded in the Manager’s Draft Development Plan and the policy framework which the Manager’s Draft Development Plan sits in – the National Spatial Strategy (2002) and the Regional Planning Guidelines for the Greater Dublin Area (2004, currently under review).

It is considered that the objectives set out in the Motion are substantially addressed in the body of the Manager’s Draft Development Plan, particularly Section 2.2 Strategy , including objectives such as:

• To promote the achievement of sustainable development and Local Agenda 21 and the conservation of future resources by minimizing the consumption of natural non- renewable resources, including land. • To limit further encroachment of the urban area into the rural area through considered infill and the recycling of ‘brownfield’ sites and redundant institutional lands. • To protect local assets by preserving the quality of the landscape, open space, architectural, archaeological and cultural heritage and material assets of the County. Special care will be afforded to areas of high amenity, upland zones and green belt areas.

30 • To protect the open character of rural areas and to prevent unsuitable and unsustainable development. • To promote social inclusion and the involvement of the local community in decision- making on planning and environmental sustainability issues and to facilitate the delivery of objectives contained in the Dún Laoghaire-Rathdown County Development Board Strategy 2002-2012.”

It was AGREED to defer consideration of this Motion until the end of the meeting.

DEV/185/09 Amendment to Map 14 Note 98 and Note 115

It was proposed by Councillor T. Kivlehan, seconded by Councillor G. Feighery:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 14, this Council modify the Manager's Draft Development Plan to change Note 98 and Note 115 (inset) from "Remove Natural Heritage Status..." to "Retain Natural Heritage Status" in the Plan."

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

“The Manager does not agree with this Motion

The Council is not the competent authority for the designation of Natural Heritage Areas. The Wildlife (Amendment) Act 2000, provides the legal basis for the establishment of a national network of sites known as Natural Heritage Areas (NHA’s). The National Parks and Wildlife Service (NPWS) is part of the Department of Environment Heritage and Local Government and is charged with the designation and protection of Natural Heritage Areas (NHAs), Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s). The issue of the amendments to the boundaries of the designated areas within the County has been addressed under guidance from the National Parks and Wildlife Service and the Geological Survey of Ireland. The area referred to in the Motion is not on the NPWS list of Designated Sites. The Council has no role in the designation of such sites.”

The Motion was PUT. A roll call vote was then called for which resulted as follows:

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √

31 Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 14 10

An Cathaoirleach Councillor T. Joyce declared the Motion CARRIED.

DEV/186/09 Amendment to Map 10 Note 113

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council modify the Manager's Draft Development Plan to change note 113 from "Remove Natural Heritage Status" to "Retain Natural Heritage Status" in the Plan."

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

“The Manager does not agree with this Motion.

32

The Council is not the competent authority for the designation of Natural Heritage Areas. The Wildlife (Amendment) Act 2000, provides the legal basis for the establishment of a national network of sites known as Natural Heritage Areas (NHA’s). The National Parks and Wildlife Service (NPWS) is part of the Department of Environment Heritage and Local Government and is charged with the designation and protection of Natural Heritage Areas (NHAs), Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s). The issue of the amendments to the boundaries of the designated areas within the County has been addressed under guidance from the National Parks and Wildlife Service and the Geological Survey of Ireland. The area referred to in the Motion is not on the NPWS list of Designated Sites. The Council has no role in the designation of such sites.”

The Motion was PUT. A roll call vote was then called for which resulted as follows:

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √

33 O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 14 10

An Cathaoirleach, Councillor T. Joyce declared the Motion CARRIED.

DEV/187/09 Amendment to Map 10 Extension of Public Right Of Way

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council modify the Manager's Draft Development Plan to extend the public right of way from Rathmichael Church (ruins) to reach Brides Glen Road as marked on map."

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

“The Manager does not agree with the Motion.

The Dún Laoghaire-Rathdown County Development Plan 2004 – 2010 contains 25 new rights of way, 14 of which were appealed to the Circuit Court by the affected landowners.

Of these, one at Ballyman was upheld by the Court with a minor variation. Another, at Kilmashogue, was rejected. Several others are being discussed directly with the appellants and, arising from these discussions, it is anticipated that many will be agreed.

To date, the Council has not waymarked any new rights of way and this is considered prudent, bearing in mind the ongoing Court cases. However, the Council, through the Dublin Mountain Partnership is involved in an ongoing programme of path upgrading, waymarking and other works to cater for recreational users of public lands in the upland area.”

The Motion was PUT and AGREED.

DEV/188/09 Extension of Meeting

At 7.30 p.m. it was proposed by An Cathaoirleach Councillor T. Joyce and AGREED to extend the meeting to 10.00 p.m.

DEV/189/09

34 Amendment to Map 10 Change of Zone for Land A to F Shanganagh Bridge

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council modify the Manager's Draft Development Plan to change the zoning on the section of land zoned A at Shanganagh Bridge on the map... to zoning F."

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

“The Manager does not agree with the Motion.

Part of the lands are within Council ownership and are designated as a proposed Natural Heritage Area. The southern portion of the lands are in private ownership and have been the subject of several residential development planning applications including one which the Council granted in 2001, but was never commenced (planning reference D01A/0346: Permission GRANTED for the demolition of two houses and the construction of 14 no apartments).

It is considered that the environmental designation serves to offer a high level of protection to the elevated woodland area of the site. The remainder of the site is in private ownership and comprises a derelict dwelling house. It is not recommended that the lands be rezoned to ‘F’ ‘To preserve and provide for open space and recreational amenities’.”

The Motion was PUT. A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat

35 Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 4 19

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED

DEV/190/09 Amendment to Map on Lands Zoned A to F in Front of Shankill Dart Station

It was proposed by Councillor T. Kivlehan, seconded by Councillor D. O’Callaghan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council modify the Manager's Draft Development Plan to change the zoning on the section of land zoned A in front of Shankill Dart Station marked on the map... to zoning F."

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

“The Manager does not agree with this Motion.

The lands, which are in Council ownership, are located adjacent to an extensive area of ‘F’ zoned Open Space lands. The lands are located within the urban area of Shankill and are strategically located adjacent to the DART line. The lands have some long term potential for possible residential use and/or for park-and-ride provision associated with the DART station.

Having regard to the potential uses of the lands and the proximity of existing public open space, the Manager does not agree that the lands should be rezoned to Objective ‘F’.”

The Motion was PUT. A roll call vote was then called for which resulted as follows:

COUNCILLORS: FOR AGAINST ABSTAINED

36

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 4 18

An Cathaoirleach Councillor T. Joyce declared the Motion DEFEATED.

DEV/191/09 Adjournment of Meeting

It was AGREED to adjourn the meeting for twenty minutes for refreshments.

37

DEV/192/09 Amendment to Map 10 Long Term Road Proposal

It was proposed by Councillor T. Kivlehan, seconded by Councillor G. Feighery:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council remove from the Manager's Draft Development Plan the long term road proposal at Loughlinstown Village noted as Transportation changes No. 64."

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

“The Manager does not agree with this Motion.

The Manager considers that this item should not be removed as the inclusion of such a scheme will facilitate improvements to the current situation where the service road and Cherrywood road are both connected to the N11 in an unsatisfactory manner that has all sorts of conflicting traffic movements. The proposal would also facilitate the development of zoned lands.”

The Motion was PUT. A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √

38 Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 5 19

An Cathaoirleach Councillor T. Joyce declared the Motion DEFEATED.

DEV/193/09 Amendment to Map 10 Zoning of Land from A to F South side of Loughlinstown River

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in relation to Map 10, this Council modify the Manager's Draft Development Plan to change the zoning on the section of land zoned A adjoining the south side of Loughlinstown River from above Mullinastill Bridge to the N11 at the Silver Tassie Pub as marked on the Map to zoning F."

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

“The Manager does not agree with this Motion.

In recent years, the northern part of the site has been the subject of a number of planning applications for residential development which have either been withdrawn by the applicant or refused by the Council and An Bord Pleanala (planning references D05A/1063, D06A/0070, D07A/1351). Reasons for refusal related primarily to matters of vehicular access and design shortcomings. The principle of residential development on what is a residentially zoned site was not an issue in the determination of these various applications.

A significant proportion of the lands proposed in the Motion are within a riparian corridor (within a 10-15 m buffer from the banks of the Loughlinstown River) which would effectively prohibit development in any event. It is recommended that a Specific Local Objective be introduced on the site described in the Motion to protect and secure a riparian corridor (15 metres wide) along the Eastern flank of the Loughlinstown River.

39

It is recommended that, subject to the approval of the Council the following resolution be passed

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

Add Specific Local objective No. 77 (Map 10)

“To protect and secure a 15m wide riparian corridor along the eastern flank of the Loughlinstown River between Mullinastill Road and the N11 dual carriageway”

Following discussion, the Motion was PUT . A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √

40 O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 8 15

An Cathaoirleach Councillor T. Joyce declared the Motion DEFEATED.

DEV/194/09 Amendment to Retain Zoning Objective J

It was proposed by Councillor G. Feighery, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager:

Retain Zoning Objective "J":

"To improve coastal amenities" as set out in the current development plan."

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

“The Manager does not agree with this Motion.

The rationale behind the proposal to remove the Zoning Objective ‘J’ “To improve coastal amenities”, was because it was considered to serve little purpose, the majority of the zone actually being between the high and low water mark, where development proposals have been absent. The extensive proposed SPA for Dublin Bay affords a high level of protection for the area covered by the former ‘J’ zone to the west of the West Pier. The majority of the remainder of the former ‘J’ zone lies within a proposed Natural Heritage Area, again affording significant environmental protection. It is not considered that the ‘J’ zone offered any additional material protection to these areas, having regard to their already designated status.”

Following discussion Councillor G. Feighery proposed and it was AGREED that Motion No. 125 on the Agenda be WITHDRAWN .

DEV/195/09 Removal of "W" Zoning Objective for Bulloch Harbour

It was proposed by Councillor G. Feighery, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

41

That the Manager remove:

The "W" Zoning Objective for Bulloch Harbour (map attached) which provides for Waterfront Development & Harbour Related Uses

&

Open for Consideration:

Advertisements, advertising structures, church, crèche/nursery school, discotheque/nightclub, doctor/dentist, education, enterprise centre, hotel/motel, office based industry, offices 200 - 1,000 sq metres, office over 1,000 sq. metres, public house, recreational buildings (commercial) residential, residential institution, retirement home, science & technology based industry, local school.

Shop-Neighbourhood, shop-specialist, travellers accommodation.

And replace with:

Zoning Objective "J" to improve coastal amenities.

Permitted in principle:

Open Space, Recreational Facility Sports Club

Open for Consideration

Cultural Use, Public Services, Recreational use of the coast, recreational buildings to include restaurant."

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

“The Manager does not agree with this Motion.

Specific Local Objective (SLO no. 22) relates to Bullock Harbour:

“That any residential development shall form part of a mixed-use scheme which will include commercial marine-based activity and public water-based recreational uses and shall have regard to the special nature of the area in terms of the height, scale, architecture and density of built form”.

It is considered that the SLO is adequate to address the issue of protecting the special character of the area - any development proposal would have to have regard to this sensitive area in terms of height, scale and density and therefore, a level of protection is afforded.”

The Motion was PUT and AGREED.

DEV/196/09 Removal of Objective 21 P.G 185 Under Map 3

It was proposed by Councillor G. Feighery, seconded by Councillor R. Holohan:

42 "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager remove objective 21 on page 185 under Map 3 Monkstown / Dún Laoghaire and substitute it with the following:

That Development of Dun Laoghaire Baths will retain the existing building with a modest extension to accommodate proposed public amenities/facilities which includes swimming facilities, and which does not include high rise or residential development. That infill development is minimised to provide adequate sea defences and that the scale of any upgrading and renewal project is limited to the area between the East Pier and the Baths."

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

“The Manager does not agree with the Motion.

It is considered that the work undertaken by the Dún Laoghaire Baths Sub-Committee of the Council has adequately set down the framework through which any redevelopment of the baths site must accord.

Following an extensive public consultation process in respect of the proposals for the Baths site, the Council’s ‘Dún Laoghaire Baths Sub-Committee’ at its meetings on 7 November 2008 and 2 December 2008 agreed to adopt the following recommendations, which will guide and inform the preparation of revised proposals for the site:

1. Retention and Refurbishment of Existing Baths Building 2. Provision of Enhanced Public Amenities 3. Preference for Concept A over Concept B 4. Minimise Infill Development 5. Provision of a Swimming Pool 6. Provision of Car Parking 7. Scale of Proposed Development

The Council at its meeting on the 9 th February 2009, considered and agreed the report of the Dun Laoghaire Baths Sub-Committee, including the 7 recommendations referred to above.”

Following discussion, the Motion was PUT . A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √

43 Cosgrave, Louise Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 5 16

An Cathaoirleach Councillor T. Joyce declared the Motion DEFEATED.

DEV/197/09 Amendment to Wording - Add Objective to Map 3

It was proposed by Councillor G. Feighery, seconded by Councillor C. Devlin:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager remove:

Include the street trees on Crofton Road and Queens Road with the special objective

'To protect and Preserve Trees and Woodlands'"

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

“The Manager agrees with the sentiment of this Motion, but has assumed the reference in the Member’s motion “that the Manager remove ” is an error. As part of the Part 8 scheme, which was approved by the Elected Members of the Council on 9 th February 2009, relating to the proposed development for a new Metals Walkway, including a deck over the DART rail line, adjacent to Queen's Road and upgrade of Marine Road, Crofton Road and Queen's Road (PC/12/08), a limited number of trees along Queens Road adjacent to the Pavilion will require to be removed as part of this renewal scheme. Trees on Queen’s Road east of the Pavilion will however be retained in situ. The concept for the “New Metals Walkway” has a soft landscaped approach complete with new trees, planting, lighting and umbrellas along the length of the Pavilion.

It is therefore recommend that a symbol corresponding to the objective “To protect and Preserve Trees and Woodlands” be added to Map 3 number 3 at appropriate locations on Crofton Road and Queens Road.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

A symbol corresponding to the objective “To protect and Preserve Trees and Woodlands” shall be added to Map 3 number 3 at appropriate locations on Crofton Road and Queens Road.”

Following discussion it was proposed by Councillor G. Feighery, seconded by Councillor C. Devlin

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

A symbol corresponding to the objective “To protect and Preserve Trees and Woodlands” shall be added to Map 3 number 3 at appropriate locations on Crofton Road and Queens Road.”

The amended Motion and Manager’s Report were AGREED

DEV/198/09 Ruby Lodge to be included in the Record of Protected Structures

It was proposed by Councillor R. Holohan, seconded by Councillor T. Corish:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

45 That the Manager adapt the Manager’s Draft Development Plan to add the historic structure ‘Ruby Lodge’, Sion Hill, Blackrock to be included in the record of Protected Structures."

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

“The Manager does not agree with this Motion.

Now known as St Catherine’s College of Education, the original early 19th century dwelling known as Ruby Lodge has been significantly extended throughout the 20th century to meet its changing needs and requirements as an educational institution. It is recommended that certain elements of this complex i.e. the older structures of architectural significance be added to the Record of Protected Structures. However, given the complexity of the site, it is necessary to carry out a thorough site inspection of both the interior and exterior of the structures in order to determine the extent of protection. When this inspection has been completed, a report will be brought before the Council setting out the Conservation Officer’s recommendations in relation to “Ruby Lodge”

The Manager’s Report was AGREED.

DEV/199/09 Non Deletion of 1-6 Pembroke Cottages and 75, 77 Booterstown Avenue

It was proposed by Councillor R. Holohan seconded by Councillor G. Feighery:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager's Draft Development Plan to NOT delete 1, 2, 3, 4, 5, 6, Pembroke Cottages and 75, 77 Booterstown Avenue, Booterstown, from the Record of Protected Structures."

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

“The Manager agrees with this Motion.”

Following discussion it was proposed by Councillor R. Holohan, seconded by Councilor G. Feighery to amend Motion No. 131 to read as follows:-

“That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

To include 1, 2, 3, 4, 5 and 6 Pembroke Cottages, Booterstown and 75 and 77 Booterstown Avenue, Booterstown, be included on the Record of Protected Structures."

The amended Motion and Manager’s Report were AGREED.

DEV/200/09

46 Change of Zoning on Lands at Blackrock College from A to F

It was proposed by Councillor R. Holohan, seconded Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager's Draft Development Plan to change the current ‘residential zoning’ of the sports grounds and lands at Blackrock College and Willow Park School, to Zoning objective ‘F’."

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

“The Manager does not agree with this Motion.

A substantial proportion of nearly all school sites across the County (including sports fields) are zoned ‘A’ ‘To protect and/or improve residential amenity’, for historical reasons and as they are typically set within residential areas. To single out one individual school site for rezoning to ‘F’ ‘To preserve and provide for open space and recreational amenities’, in the absence of a proposal to rezone all other school playing pitch sites in the County is considered to be arbitrary and inappropriate.”

The Manager’s Report was AGREED.

DEV/201/09 Removal of Sentence from Chapter 3.3.8

It was proposed by Councillor R. Holohan, seconded by Councillor G. Feighery: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager’s Draft Development Plan to remove the sentence ‘comprehensive re-development of the area framed by the Baths, Dart station, Idrone Terrace and Blackrock Park’, from chapter 3.3.8."

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

“The Manager does not agree with this Motion.

The lands in question represent a key ‘opportunity site’ for Blackrock and afford the possibility of improving the connection of the Main Street to the shoreline and upgrading one of the main ‘entry points’ to Blackrock, for visitors arriving by rail. The proposed form and scale of any redevelopment proposals will be outlined in the Blackrock Local Area Plan, which will be prepared during the lifetime of the Development Plan.”

The Motion was PUT . A roll callvote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √

47 Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 4 17

An Cathaoirleach Councillor T. Joyce declared the Motion DEFEATED.

DEV/202/09 Provision for Farmers Markets in Section 7.3.9 Policy RET10

It was proposed by Councillor R. Holohan, seconded by Councillor G. Feighery:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

48

That the Manager adapt the Draft Development Plan to incorporate a provision for ‘Farmers Markets’ in the section 7.3.9 Policy RET10 Casual Trading Areas."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

It is recommended that the following text be added to Section 7.3.9, Policy RET10 : Casual Trading Areas on page 65 of the Manager’s Draft Plan.

It is Council Policy to promote organic producers and producer only products through the provision of its “CoCo Markets”.

Following discussion it was proposed by Councillor R. Holohan, seconded by Councillor G. Feighery to amend Motion No. 135 to read as follows:-

The following text to be added to Section 7.3.9, Policy RET 10: Casual Trading Areas on page 65:

It is Council policy to promote organic producers and producer only products through the provision of the Council’s “Co Co Markets”.

The amended motion was PUT and AGREED .

DEV/203/09 Inclusion of Sub Section Chapter 14 Climate Change and Energy Efficiency

It was proposed by Councillor R. Holohan, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager's Draft Development Plan to include a sub-section in ‘Chapter 14 Climate Change and Energy Efficiency’ on submerged marine tidal turbines as a renewable resources electricity generator."

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

“The Manager agrees with this Motion.

49 It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

Section, 14.1.3, the title be amended to: Wind & Wave Energy.

1st line: amend to: It is acknowledged that wind and wave energy as a renewable etc. etc.

And last line of this paragraph: "Implementation of additional wind & wave projects in the Irish Sea."

Following discussion it was proposed by Councillor R. Holohan, seconded by Councillor T. Kivlehan to amend Motion No. 137 to read as follows:-

That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

Section, 14.1.3, the title be amended to: Wind & Wave Energy.

1st line: amend to: It is acknowledged that wind and wave energy as a renewable etc. etc.

And last line of this paragraph: "Implementation of additional wind & wave projects in the Irish Sea."

The Amended Motion and Manager’s Report were AGREED.

DEV/204/09 Policy SSC12 Arts and Culture

It was proposed by Councillor R. Holohan, seconded: Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager's Draft Development Plan to include in Policy SSC12: Arts and Culture, the Irish Language as part of the Council’s policy to facilitate continued development of arts and cultural facilities."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

50 “That the Planning Authority pursuant to Section 11 (5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

It is recommended that the additional underlined text be added at the end of section 8.3.8: Policy SSC12: Arts and Culture on page 77 of the Manager’s Draft Development Plan

“The Council will continue to support and facilitate the Irish language and the aims of the Dún Laoghaire-Rathdown Arts Strategy 2007-2010.”

Following discussion, it was proposed by Councillor R. Holohan, seconded by Councillor T. Kivlehan that Motion No. 139 be amended to read as follows:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

It is recommended that the additional underlined text be added at the end of section 8.3.8: Policy SSC12: Arts and Culture on page 77 of the Manager’s Draft Development Plan

“The Council will continue to support and facilitate the Irish language and the aims of the Dún Laoghaire-Rathdown Arts Strategy 2007-2010.”

The amended Motion and Manager’s report were AGREED .

DEV/205/09 Policy T12 Inclusion of Cycle Lane and Pedestrian Walk Beside Dodder river

It was proposed by Councillor R. Holohan, seconded by Councillor T. Corish:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager adapt the Manager's Draft Development Plan (Policy T12), to include a provision for a cycle lane and pedestrian walkway, for the DLR Council side of Dodder River in consultation with the bordering local authorities, currently working on a cycling strategy for this route."

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

“The Manager does not agree with this Motion

No specific routes other than strategic routes should be detailed in the Draft Development Plan. Rather than inserting a number of piecemeal sections of cycling infrastructure, it is considered that through the preparation and adoption of the Cycling Policy, it is intended that specific objectives and a comprehensive series of detailed routes will be identified.

Policy OSR7 : Greenways Network in Section 10.2.7 of the Manager’s Draft Development Plan highlights the importance of greenways and the fact that they provide and expand recreational opportunities for walking, jogging and cycling and can also coincide with

51 river/stream corridors. The Dodder River Valley is identified in the Manager’s Draft Development Plan as a greenway route.”

The Manager’s Report was AGREED

DEV/206/09 Rezoning of Lands Adjacent to Fitzsimons Woods

It was proposed by Councillor J. Byrne and AGREED to WITHDRAW Motion No. 143 on the Agenda as follows:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager rezone the lands adjacent to Fitzsimons Woods off the Blackglen Road, Sandyford to “F” Recreational and Amenities."

DEV/207/09 Infill Development

It was proposed by Councillor J. Byrne, seconded by Councillor G. Crowe:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager ensures that all proposed Infill Developments within residential areas in the county are similar or complementary to existing surrounding properties."

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

The Manager does not agree with this Motion.

Chapter 16 -Development Management of the Manager’s Draft Development Plan already incorporates copious and detailed development management objectives and standards to promote a quality built environment - including within established built-up areas. Section 16.3.4 - Additional Accommodation in Existing Built Up Areas contains over six pages of detailed standards and guidelines to be addressed when inserting new infill development into established residential areas. There are copious references in relation to respecting established residential amenity and the need for harmony in relation to design and external finishes. It is considered the sentiment of this Motion is more than adequately addressed in the Manager’s Draft Development.

Following discussion the Manager’s Report was AGREED .

DEV/208/09 Rural Amenity Zoning B

52 It was proposed by Councillor J. Byrne, seconded by Councilor G. Crowe:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in respect of chapter five 'Residential Development' 5.6 'Rural Housing' paragraph 5.6.1 in the Draft County Development Plan 2010-2016 that relates to Policy RES16: (page 45) Management of One-off Housing and specific to “Rural Amenity Zoning B” where it states; Within areas designated with zoning Objective B ('to protect and improve rural amenity') dwellings will only be permitted on suitable sites where, applicants can establish to the satisfaction of the Planning Authority a genuine need to reside in proximity to their employment, such employment being related to the rural community. That the Manager re-introduces as part of the criteria for one off housing and specific to “ Rural Amenity Zoning B” as per County Development Plan 2004-210 under Policy RES18; Control of one off housing, 'Or applicants who are natives of the area and have close family ties with the rural community and or have lived for a period of no less than ten years within the area.'"

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

“The Manager does not agree with this Motion.

5.6.1. Policy RES16: Management of One-off Housing does state that it is Council policy to accommodate local growth.

The Department of Environment, Heritage and Local Government issued Circular SP5/08 on 30 September 2008 to clarify how the Sustainable Rural Housing Guidelines should be applied to ensure that local need criteria, policies and practices conform with the Articles of the EC Treaty (Articles 43 and 56) (Freedom of Establishment and Free Movement of Capital) of the European Community Treaty).

This circular specifically states: “The overarching consideration for the local need assessment criteria in relation to residency, blood-line, local employment and agricultural activities must be that objectives and provisions in development plans and their application in the development management processes do not discriminate against planning applicants wishing to establish a full-time home-based business in an area in favour of those who are deemed to qualify as “locals” through the particular local need assessment criteria, which are adopted by the members of each Council.”

Following discussion the Deputy Manager agreed to amend her report to read as follows: It is recommended that the wording from the current Development Plan, in relation to Rural Amenity Zoning be reinstated as a second bullet point in Rural Amenity Zoning “B” in page 46 of the Draft Plan.

It is recommended that the following resolution be passed:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in respect of chapter five “Residential Development” Policy RES16 [page 46] to add the following text

53 “or applicants who are natives of the area and have close family ties with the rural community”.

The amended motion was PUT and AGREED and the Manager’s amended report was NOTED .

DEV/209/09 Residential Development 5.6 Rural Housing Para 5.6.1

It was proposed by Councillor J. Byrne, seconded by Councillor T. Matthews:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That, in respect of chapter five 'Residential Development' 5.6 'Rural Housing' paragraph 5.6.1 in the Draft County Development Plan 2010-2016 that relates to Policy RES16: (page 45) Management of One-off Housing and specific to 'Rural Amenity Zoning G' where it states; Within areas designated with zoning Objective G (to protect and improve high rural amenity areas) dwellings will only be permitted on suitable sites where, applicants can establish to the satisfaction of the Planning Authority that; 'There is genuine requirement for housing in the area because their principal employment is in agriculture, hill farming of local enterprise directly related to the area’s amenity' That the Manager revises the wording to incorporate the following; 'or applicants who are native to the area and also have close family ties with the rural community or have lived for no less than ten years in the area.'"

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

“The Manager does not agree with this Motion.

5.6.1. Policy RES16: Management of One-off Housing does state that it is Council policy to accommodate local growth.

The Department of Environment, Heritage and Local Government issued Circular SP5/08 on 30 September 2008 to clarify how the Sustainable Rural Housing Guidelines should be applied to ensure that local need criteria, policies and practices conform with the Articles of the EC Treaty (Articles 43 and 56) (Freedom of Establishment and Free Movement of Capital) of the European Community Treaty).

This circular specifically states: “The overarching consideration for the local need assessment criteria in relation to residency, blood-line, local employment and agricultural activities must be that objectives and provisions in development plans and their application in the development management processes do not discriminate against planning applicants wishing to establish a full-time home-based business in an area in favour of those who are deemed to qualify as “locals” through the particular local need assessment criteria, which are adopted by the members of each Council.”

Following a discussion, the Motion was PUT. A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

54

Bailey, John F. Bailey, Maria Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 4 14

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/210/09 Extension of Meeting

It was proposed by An Cathaoirleach Councillor T. Joyce to extend the meeting to 12.00 a.m. A vote by show of hands was called for, the result being as follows:-

55

For 12 Against 5

The Cathaoirleach declared the proposal AGREED .

DEV/211/09 Vision Statement of Chapter 5

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in the Vision Statement of Chapter 5 have the word “secure” omitted."

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

“The reasoning behind the proposed omission is not clear. The Manager would have no objection to the omission of the word “secure”.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

The Vision Statement of Chapter 5 be amended by the omission of the word ‘secure’, to read:

To improve the residential amenity of established housing areas and to promote and facilitate the creation of new, well designed, vibrant and sustainable residential communities that deliver the optimum mix of house sizes, types and tenures to satisfy different household needs – all in the context of ready accessibility to enhanced public transport networks and close proximity to supporting community infrastructure including shops, services, employment, education and leisure activities”.

The Manager’s report was AGREED

DEV/212/09 Insertion of Declared Objective in Section 5.2 Housing Strategy

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

56 That in Section 5.2, Housing Strategy, there be an insertion as of the declared objective of - acquiring vacant buildings, where practicable, for the purposes of fulfilling the Authority’s programme for social and affordable housing. "

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

“The Manager does not agree with this Motion.

The setting out of specific targets for the provision of social/affordable housing can more appropriately be dealt with in the context of the Housing (Miscellaneous Provisions) Bill 2008, which requires housing authorities, within six months of the making of a Development Plan, to make a Housing Services Plan setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.

This motion relates to operational issues, which are not appropriate to the Development Plan process.”

Following a discussion the Motion was PUT . A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise Crowe, Gareth Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal

57 Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 4 15

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/213/09 Section 5.2 Housing Strategy

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in Section 5.2, Housing Strategy, there be an insertion as of the declared objective that priority shall be to brownfield and urban infill sites for the construction of social and affordable housing. "

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

“The Manager does not agree with this motion.

The majority of sites included in the Council’s Housing Programme are greenfield sites. The inclusion of the above objective would therefore seriously undermine the Housing Programme.”

Following a discussion, the Motion was PUT. A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √

58 Cosgrave, Louise √ Crowe, Gareth Culhane, Aidan Devlin, Cormac Dillon Byrne, Jane Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 5 15

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/214/09 Section 5.3.3 Policy RES3

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Section 5.3.3, Policy RES3: Residential Strategy, be replaced with the following: It is Council policy to promote higher residential densities providing that proposals for development do not diminish existing residential amenity nor damage any special or valuable environmental or architectural character that is of benefit to the public domain. In general, an improvement in the environmental amenity and architectural composition of the receiving environment shall be sought from development proposals. "

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

“The Manager does not agree with this Motion.

When dealing with planning applications there is a predisposed position that any proposed development should add rather than detract from the environmental and architectural composition of the receiving environment.

Policy RES3 is believed to be a well-considered policy that seeks to ensure a balance between the reasonable protection of existing residential amenities and the established character of an area with the need to provide for sustainable residential development. Policy RES3 specifically points to Central Government’s aspirations to demand and deliver higher qualitative design standards through the application of its guidance documents in the day-to-day development management system. These documents include ‘Sustainable Residential Development in Urban Areas’ and its accompanying Urban Design Manual – A Best Practise Guide’.”

The Manager’s Report was AGREED.

DEV/215/09 Section 5.3.3 Policy RES3

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Section 5.3.3, Policy RES3: Residential Density, be replaced by – It is Council policy to promote higher residential densities by promoting development that does not diminish existing residential amenity nor damage any environmental or architectural character that is special or valuable in the public domain. In general, an improvement in environmental amenity and architectural character shall be sought from proposals for residential development."

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

“The Manager does not agree with this Motion.

When dealing with planning applications there is a predisposed position that any proposed development should add rather than detract from the environmental and architectural composition of the receiving environment.

Policy RES3 is believed to be a well-considered policy that seeks to ensure a balance between the reasonable protection of existing residential amenities and the established character of an area with the need to provide for sustainable residential development. Policy RES3 specifically points to Central Government’s aspirations to demand and deliver higher qualitative design standards through the application of its guidance documents in the day-to-day development management system. These documents include ‘Sustainable Residential Development in Urban Areas’ and its accompanying Urban Design Manual – A Best Practise Guide’.”

The Manager’s Report was AGREED.

60

DEV/216/09 Section 5.3.5 Policy RES5 Institutional Lands

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Section 5.3.5, Policy RES5: Institutional Lands, have the following words added: Priority shall be given to residential proposals that seek to maximise the area of space accessible to the public by achieving high residential density in the area of the lands on which building is proposed and that such development shall be predicated on the highest standards of architecture and residential amenity. "

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

“The Manager does not agree with this Motion.

The Planning Authority cannot insist on public access to privately-owned land. It appears the intent of the proposed Motion is to provide an incentive to developers to agree to provide public access in lieu of receiving permission for high density residential development. It is considered that without any quantitative safeguards or criteria such a Motion could potentially be open to abuse. In any event, not all Institutional Lands are located in areas where high residential density would be considered acceptable (distance from public transport, lack of infrastructure, woodlands etc). Irrespective of whether public access to privately owned land is proposed by a potential developer, the ultimate decision to grant or refuse permission should be based on the ‘proper planning and sustainable development of the area’.

With regard to the requirement for the high density residential development to be predicated on the highest standards of architecture and residential amenity, this is a predisposed position of the Planning Authority when dealing with any type of development, as reflected in the various Policies and Development Management standards contained in the Manager’s Draft Plan.

It is considered that Policy RES5: Institutional Lands as currently contained in the Manager’s Draft Plan is robust and considered and capable of practical application throughout the County through the Development Management system.”

The Manager’s Report was AGREED.

DEV/217/09 Section 5.45 Policy RES11 Provision of Student Accommodation

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

61 That the Section 5.4.5, Policy RES11: Provision of Student Accommodation, in the paragraph commencing “the Council will support the provision of on-campus accommodation” have the following words (the third bullet point): “Provides adequate car parking” deleted."

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

“The Manager does not agree with this Motion.

This section of 5.4.5 deals with the provision of student accommodation off-campus. The Transportation Department objects to the deletion proposed by the Motion and will continue to examine parking requirements for each development on its merits. Revised parking standards for any development may be acceptable depending on the precise nature of the proposed development, its location, availability of on-street parking controls in the immediate area and accessibility to alternative modes of transport.”

The Manager’s Report was AGREED.

DEV/218/09 Section 5.4.5 Policy RES11 Provision of Student Accommodation Deletion of Last Paragraph

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in the Section 5.4.5, Policy RES11: Provision of Student Accommodation, the last paragraph be deleted and replaced by the following – The Council will exercise its discretion in requiring that provision be made for social / affordable housing in instances where student accommodation is to be provided on the campus of a recognised third level institution."

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

“The Manager does not agree with this Motion.

It is not considered appropriate that social and/or affordable housing be included in purpose-built student accommodation on the campus of third level institutions.”

The Manager’s Report was AGREED.

DEV/219/09 Section 9.3.5 LHB9 Addition of Sentence

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

62

That in the Section 9.3.5, LHB9: Non-Designated Areas of Biodiversity Importance, the last paragraph have the addition of the following sentence – The Council will be informed in its consideration of proposals for such urban developments by those guidelines. "

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

“The Manager does not agree with this Motion.

The last paragraph of 9.3.5 reads:

“The Council will ensure that the impact of new developments on biodiversity is minimized and will seek to include measures for the enhancement of biodiversity in all proposals for large urban developments. The recently published “Green City Guidelines” prepared by UCD Urban Institute Ireland, Fingal County Council and Dún Laoghaire- Rathdown County Council provides general guidance and advice on how best to retain and enhance biodiversity in new medium-to-high density urban developments”.

It is considered that the addition of the wording proposed by the Motion adds nothing to the above. The Council has bought fully into the Green City Guidelines, as it was directly involved in its preparation. It is considered that the intention of the Motion is already adequately addressed by Section 9.3.5. of the Manager’s Draft Plan.

All major planning applications are brought to the relevant Area Committee for the consideration by and comment of Elected Members.”

The Manager’s Report was AGREED.

DEV/220/09 Section 9.3.8 LHB12 Hedgerows

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in the Section 9.3.8, LHB12: Hedgerows, the following sentence be added to the policy statement - It is the intention of the Council to formulate and begin to enforce such a code of road hedgerow maintenance within twelve months of the adoption of this Development Plan. "

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

“The Manager does not agree with this Motion.

The issue of ongoing hedgerow maintenance is quite clearly an operational matter. It is not appropriate that such issues be addressed through the Development Plan process.”

The Manager’s Report was AGREED.

63

DEV/221/09 Section 10.2.3, OSR3 Future Improvements

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That in the Section 10.2.3, OSR3: Future Improvements, the conclusion of the paragraph immediately following the policy definition be amended to read – There are currently seven Flagship Parks and that Deerpark be included in the list of parks."

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

“The Manager does not agree with this Motion.

Flagship Parks are what used to be termed ‘Regional Parks’, with wide catchment areas, drawing the public from a substantial area. Local parks are primarily used by the local community. It is considered that Deerpark is a local park used in the main by the local community. It is not recommended that Deerpark be included as a Flagship Park.”

Following discussion, the Deputy Manager agreed to amend her report to add the following text

“The classification of Council Parks will be considered in the context of the preparation of the “Green Space Strategy””.

The Manager’s Amended Report was AGREED.

DEV/222/09 Amendment to Table Number 18.10 Zoning Objective F

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That TABLE NUMBER 18.10, ZONING OBJECTIVE “F”, be amended by the omission of Travellers’ Accommodation from the specification, Permitted in Principle and that Emergency Travellers’ Accommodation be included in the specification, OPEN FOR CONSIDERATION. "

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

“The Manager does not agree with this Motion.

The Traveller Accommodation Programme 2009-2013 sets out the Council’s proposals with regard to existing and projected Traveller accommodation needs as required by the Housing (Traveller Accommodation) Act 1998. The Programme identifies Traveller

64 specific accommodation locations, existing and proposed - halting sites, group houses, and temporary/emergency accommodation. All but one (Cloragh, Rockbrook) of the approximately 23 sites identified are within residential land use zones within the existing urban area of the County. In this regard, the Council’s record on proposing Traveller Accommodation locations within the existing residential area of the County, in the interests of social integration and fulfilling its obligation to "counteract undue segregation in housing between people of different social backgrounds" as required by the Planning and Development Acts (2006), speaks for itself.

Notwithstanding the issue of emergency accommodation, the particular challenges of providing Traveller Accommodation require that the Council, in exceptional circumstances, has flexibility to explore all avenues open to it with regard to location and for this reason the Manager does not recommend that the Motion be adopted.”

Following a discussion, the Motion was PUT . A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √

65 O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 2 16 2

An Cathaoirleach Councillor T Joyce declared the Motion DEFEATED.

DEV/223/09 Amendment to Table 18.11 Zoning Objective G

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That TABLE NUMBER 18.11, ZONING OBJECTIVE “G”, be amended by the omission of Travellers’ Accommodation from the specification, Permitted in Principle and that Emergency Travellers’ Accommodation be included in the specification, OPEN FOR CONSIDERATION. "

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

“The Manager does not agree with this Motion.

The Traveller Accommodation Programme 2009-2013 sets out the Council’s proposals with regard to existing and projected Traveller accommodation needs as required by the Housing (Traveller Accommodation) Act 1998. The Programme identifies Traveller specific accommodation locations, existing and proposed - halting sites, group houses, and temporary/emergency accommodation. All but one (Cloragh, Rockbrook) of the 23 sites identified are within residential land use zones within the existing urban area of the County. In this regard, the Council’s record on proposing Traveller Accommodation locations within the existing residential area of the County, in the interests of social integration and fulfilling its obligation to "counteract undue segregation in housing between people of different social backgrounds" as required by the Planning and Development Acts (2006), speaks for itself.

Notwithstanding the issue of emergency accommodation, the particular challenges of providing Traveller Accommodation require that the Council, in exceptional circumstances, has flexibility to explore all avenues open to it with regard to location and for this reason the Manager does not recommend that the Motion be adopted.”

Following discussion the Motion was PUT. A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √

66 Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 2 16 2

An Cathaoirleach Councillor T Joyce declared the Motion DEFEATED

DEV/224/09 Amendment to Table 18.12 Zoning Objective GB

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

67

That TABLE NUMBER 18.12, ZONING OBJECTIVE “GB”, be amended by the omission of: Travellers’ Accommodation from the specification, Permitted in Principle and that Emergency Travellers’ Accommodation be included in the specification, OPEN FOR CONSIDERATION. "

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

“The Manager does not agree with this Motion.

The Traveller Accommodation Programme 2009-2013 sets out the Council’s proposals with regard to existing and projected Traveller accommodation needs as required by the Housing (Traveller Accommodation) Act 1998. The Programme identifies Traveller specific accommodation locations, existing and proposed - halting sites, group houses, and temporary/emergency accommodation. All but one (Cloragh, Rockbrook) of the 23 sites identified are within residential land use zones within the existing urban area of the County. In this regard, the Council’s record on proposing Traveller Accommodation locations within the existing residential area of the County, in the interests of social integration and fulfilling its obligation to "counteract undue segregation in housing between people of different social backgrounds" as required by the Planning and Development Acts (2006), speaks for itself.

Notwithstanding the issue of emergency accommodation, the particular challenges of providing Traveller Accommodation require that the Council, in exceptional circumstances, has flexibility to explore all avenues open to it with regard to location and for this reason the Manager does not recommend that the Motion be adopted.”

Following discussion, the Motion was PUT. A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene Fox, Tony Hand, Pat

68 Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 2 16 2

An Cathaoirleach Councillor T Joyce declared the Motion DEFEATED

DEV/225/09 AMENDMENT TO SECTION 2.4 SPECIFIC AIMS

It was proposed by Councillor T. Corish, seconded: Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That Section 2.4 Specific Aims, have the following Specific Aim added –

2.4.xx Car Free Residential Developments To encourage the development of a high density, car free, residential quarter within each of the Major Town Centres and Strategic Development Zones of the County subject to considerations of a high quality of architecture and residential amenity. "

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

“The Manager does not agree with this Motion.

The Transportation Department objects to this Specific Aim and will examine parking requirements for each such development on its merits. In general, residential development may not necessarily generate many car-based trips during peak and off- peak times. The main aim of the various parking Policies included in the Manager’s Draft Plan are to facilitate car ownership but to restrict car usage. This is being promoted through the proposed changes in parking standards at destinations such as places of work and by improving pedestrian and cycle accessibility to public transport corridors. If the fundamental objective is to encourage people to leave the car at home it is

69 necessary to ensure that domestic parking is available so that random inappropriate parking does not arise.

The development of car-free zones could involve extensive transport modelling and design. Transport modelling is being carried out for the proposed SDZ in Cherrywood, alongside the Masterplanning associated with the draft Planning Scheme. The possibility of a car-free zone could be investigated, in conjunction with other traffic management measures e.g. car sharing, remote car parking etc. However, at this moment in time no commitment can be given.”

Following a discussion, the Motion was PUT . A roll call vote was then called for which resulted as follows:-

COUNCILLORS: FOR ABSTAINED AGAINST Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √

70 Smyth, Carrie √ TOTAL: 8 13

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/226/09 Amendment to Section 12.1.12 Policy T12

It was proposed by Councillor T. Corish, seconded by Councillor T. Kivlehan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That Section 12.1.12 Policy T12: Cycling and Walking, have the following paragraph added –

In recognition of the importance placed on its efforts to encourage a shift in transport patterns towards cycling and walking, the Council will establish the full-time positions of a cycling officer and a pedestrian officer within its administration. These will promote cycling and walking as commuting modes within the county and audit the progress of their promotion. In addition, a section within the Transport Department will be established specifically to maintain and improve pedestrian routes and pathways, cycle lanes and the portions of the public roadways used by cyclists. "

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

“The Manager agrees with the sentiment of the Motion but disagrees with the addition of text to Policy T12.

While the Transportation Department would like to appoint a Sustainable/Cycling Transportation Officer to help promote the use of sustainable modes of transportation within the County any such appointment relies exclusively on budget considerations, and therefore it is not considered appropriate to include within the Manager’s Draft Development Plan a commitment to appoint a full-time cycling and pedestrian officer.

The Road Maintenance Section already maintains the road network in the County (which include footway and cycle tracks in road reserves). It is, therefore, not required to set up a new section. Improvements in footway and cycle track form part of the development management process and are undertaken by the Road Design section.”

The Manager’s Report was AGREED.

DEV/227/09 Objective NC Zoning on Lands at the Silver Tassie

It was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

71 That this Council agrees to retain the Objective NC zoning on lands at the Silver Tassie on Map 10."

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

“The Manager has no objection to retain the ‘NC’ zoning.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11 (5) (c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

That the land on which The Silver Tassie is situated (Map 10 of the Manager’s Draft Development Plan) be rezoned from ‘A’: “To protect and/or improve residential amenity” to ‘NC’ “To protect, provide for and/or improve mixed-use neighbourhood centre facilities” (as per 2004-2010 Development Plan)”.

Following discussion, it was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth that Motion No. 164 be amended to read as follows:-

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

That the land on which The Silver Tassie is situated (Map 10 of the Manager’s Draft Development Plan) be rezoned from ‘A’: “To protect and/or improve residential amenity” to ‘NC’ “To protect, provide for and/or improve mixed-use neighbourhood centre facilities” (as per 2004-2010 Development Plan)”.

The Amended Motion and Manager’s Report were AGREED.

DEV/228/09 Retain the Proposed Natural Heritage Area on Map 7,10 and 14

It was proposed by Councillor D. O’Callaghan seconded by Councillor C. Smyth: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to retain the Proposed Natural Heritage Areas from Killiney to Corke on Maps 7, 10 and 14."

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

“The Manager does not agree with this Motion.

The Council is not the competent authority for the designation of Natural Heritage Areas. The Wildlife (Amendment) Act 2000, provides the legal basis for the establishment of a national network of sites known as Natural Heritage Areas (NHA’s). The National Park and Wildlife Service (NPWS) is part of the Department of Environment Heritage and Local Government and is charged with the designation and protection of Natural Heritage

72 Areas (NHAs), Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s). The area referred to in the Motion is not on the NPWS list of designated sites. The Council has no role in the designation of such sites.”

The motion was PUT and AGREED .

DEV/229/09 Preserve Views from Vico to Corke on Maps 7.10.14

It was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to Preserve Views from Vico Road, Killiney to Corke on Maps 7, 10 and 14."

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

“The Manager does not agree with this Motion.

The blue triangle symbol identifying views to be preserved largely follows public roads and, as demonstrated most clearly on Map 7, is omitted where views are blocked by topography, high boundaries, structures, railway line etc.

There are no views currently shown on the Draft Development Plan to be preserved between Killiney (Military Road) and Corke Abbey (Map 14). On closer inspection it is clear that the views of the sea from public roads between Killiney and Corke Abbey are very limited, as for the most part the public roads do not follow the coastline (unlike Vico Road). In areas where there are sea views from local estate roads, i.e. Shanganagh Cliffs, Seafield, and Corbawn Drive, these roads are separated from the shoreline by lands zoned open space. Having regard to the very limited development potential of open space lands zoned ‘F’, and to the fact that these local estate roads are very lightly trafficked; it is not considered necessary to formally preserve these views through the insertion of the blue triangle symbol.”

The Manager’s Report was AGREED.

DEV/230/09 Inclusion of Green Area on Map 10 as a Natural Heritage Area

It as proposed by Councillor C. Smyth, seconded by Councillor D. O’Callaghan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to include the green area bounded by DART line, Shanganagh River/Loughlinstown River, Deansgrange River and coast on Map 10 as a Proposed Natural Heritage Area."

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

“The Manager does not agree with this Motion.

The Council is not the competent authority for the designation of Natural Heritage Areas. The Wildlife (Amendment) Act 2000 provides the legal basis for the establishment of a national network of sites known as Natural Heritage Areas (NHA’s). The National Parks and Wildlife Service (NPWS) is part of the Department of Environment Heritage and Local Government and is charged with the designation and protection of Natural Heritage Areas (NHAs), Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s). The area referred to in the Motion is not on the NPWS list of designated sites, although it is acknowledged that the area to the north-east is identifies as a pNHA. The Council has no role in the designation of these sites.”

The motion was PUT and AGREED .

DEV/231/09 Retaining of Lands at Clontra Shankill on Map 10 Objective GB

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to retain the lands at Clontra, Shankill on Map 10 as Objective GB."

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

“The Manager agrees with this Motion.

The Manager’s Draft Development Plan does not propose any change to the established ‘GB’ zoning of Clontra.”

The Manager’s Report was AGREED.

DEV/232/09 0/0 ZONING AT KILLINEY

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to retain the 0/0 Zoning at Killiney on Map 7 and 10 as “No increase in the number buildings permissible”."

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

“The Manager agrees with this Motion.

No change in existing Policy towards the 0/0 zone at Killiney is being proposed.

Paragraph 16.3.4 (vi) 0/0 Zone of the Manager’s Draft Development Plan states: “Locations have been identified on the Development Plan maps where no increase in the number of buildings will normally be permitted. Such locations include areas in the vicinity of the coastline where density controls are considered appropriate in the interest of preserving their special amenity.

Many of these locations are, however, within close proximity of the DART line where higher densities would normally be permitted and promoted. Small scale, sensitive infill development may be considered in these areas on suitable sites where such development would not detract from the character of the area either visually or by generating traffic volumes that would cause potential congestion issues which would, in turn, necessitate road widening or other significant improvements.

Aspects such as site coverage and proximity to boundaries, impacts on drainage, loss of landscaping, the existing pattern of developments, density and excavation impacts will also be critically assessed in determining applications for residential development in the 0/0 zone”.

The Manager’s Report was AGREED.

DEV/233/09 Inclusion of Woodfield as a Protected Structure

It was proposed by Councillor C. Smyth, seconded by Councillor D. O’Callaghan: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to include Woodfield, Church Road on the list of Protected Structures."

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

“The Manager does not agree with this Motion.

The Transportation Department objects to this structure being listed as a Protected Structure as the curtilage of the site is part of the R118 strategic regional route scheme that links the Dún Laoghaire area to the N11 and the M50. This scheme is included under Policy T24 of the current Development Plan (2004-2010). Woodfield is located on the furthermost southern end of the scheme, where road widening is essential due to merging traffic as well as high traffic volumes using Church Road. The design of this road improvement scheme is now actively being progressed.

In addition, permission was recently refused under planning application Reg Ref D08A/1264 for the demolition of a three-storey extension to the existing house (Woodfield) and the construction of three detached dwelling houses. This decision has been appealed by the first party to An Bord Pleanala. A decision is still awaited. It is not

75 possible to recommend that Woodfield be added to the Record of Protected Structures at this time.”

Following discussion, it was proposed by CouncilLor C Smyth, seconded by Councillor D. O’Callaghan that Motion No. 172 be amended to read as follows:

“That the external and internal structure of Woodfield, Church Road be added to the List of Protected Structures. The Conservation Officer to determine the curtilage to be listed.

The amended Motion was PUT and AGREED.

DEV/234/09 Inclusion of Cluain Na Greine on List of Protected Structures

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to include Cluain Na Greine, Dublin Road on the list of Protected Structures."

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

“The Manager does not agree with this Motion.

Cluain Na Greine is a medium sized mid 19th century dwelling, with a rather plain external appearance. The interior features are typical of the late Victorian period and are not unique. The house has lost its original context and mature setting and is now anchored within a recent housing development with a range of apartments overlooking it to the west.

The house is not considered to be of any special architectural interest and it would only merit local interest in the National Inventory of Architectural Heritage (NIAH). It’s sole interest lies in its association with the Irish Stained Glass artist Harry Clarke. The house was owned by his father and originally there were stained glass windows by Clarke on the side of the Entrance Porch. Through time the stained glass has been replaced by clear glass. The house has been vacant for some time and is now boarded-up to prevent unwanted access.

It is the view of the Manager that this structure is not worthy of inclusion in the Record of Protected Structures.”

The Manager’s Report was AGREED.

DEV/235/09 Inclusion of Shankill Church on List for Protected Structures

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

76 "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to include Shankill Church, Dublin Road/Shanganagh Road on the list of Protected Structures."

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

“The Manager agrees with this Motion.

The inclusion of a structure on the Record of Protected Structures is based on the structure’s special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest and the criteria set out in the DoE’s “Architectural Heritage Protection Guidelines for Planning Authorities”. A structure, which has at least one of the above characteristics of special interest, should be included on the RPS.

St. Anne’s Church dates from the 1930s, and is built in the Hiberno-Romanesque style. The church is constructed of granite with decorative cut stone framing the opes. There are simple coloured glass windows to the side isles and a large rose window over the entrance. It is considered that the church is of special architectural interest and therefore should be added to the Record of Protected Structures.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

That St. Anne’s Church, Shankill be added to the list of Protected Structures”.

Following discussion, it was proposed by Councillor C. Smyth, seconded by Councillor D. O’Callaghan to amend Motion No. 174 to read as follows:-

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Manager’s Draft Development Plan as follows:

That St. Anne’s Church, Shankill be added to the list of Protected Structures”.

The Amended Motion and Manager’s Report were AGREED.

DEV/236/09 Post Primary School on Map 10

It was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to provide for a Post Primary School on Map 10 and 14."

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

“The Manager agrees with the sentiment of this Motion and if possible will seek to give effect to the Motion through the Development Plan process following detailed discussion and dialogue with the Department of Education and Science.

8.3.4 Policy SSC8: Schools “It is the policy of the Council to ensure the reservation of primary and post-primary school sites in accordance with the requirements of the relevant education authorities”.

The County Development Plan makes provision for educational facilities through the identification and reservation of potential school sites. The identification and reservation of these sites takes place in consultation with the Department of Education and Science.

The Department of Education and Science is a statutory consultee in the Development Plan process. It looks at a County wide context and identifies the need for the provision of schools.

Subsequent to the circulation to Members of the Manager’s Draft County Development Plan Written Statement and Maps, the Council’s Corporate Services Department received communication from the Office of the Minister for Education and Science in relation to a secondary school in Shankill. The letter states viz:-

“Based on current demographic trends, the Forward Planning Section of the Department anticipates that there may be a need for further post-primary accommodation in the Shankill area in the medium to long term and it has asked Dun Laoghaire/Rathdown County Council to identify a site for this development. A timeframe for the delivery of the accommodation will be known when a suitable site has been identified and acquired. The local authority has a number of Local Area Plans in train and it is likely that the Department will be able to secure a site under this process.

The Department is conscious of the lead-in period for the delivery of a post-primary school and it would be anxious to conclude the site issue as soon as possible. It will continue to engage with the local authority until this matter is resolved”.

The identification of a post primary school site in the general Shankill area will require objective and detailed technical assessment in close conjunction with the Department of Education and Science. It will not be feasible to include such a site reservation in the Draft Development Plan due to go on public display on 24 th April, 2009.”

The Manager’s Report was AGREED.

DEV/237/09 Granite Kerbing Included on List of Protected Street Furnishings

It was proposed by Councillor D. O’Callaghan, seconded by Councillor C. Smyth: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to provide a Local Objective to have granite kerbing included on the list of Protected Street Furnishings."

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

“The Manager agrees with this Motion.

It is recommended that subject to the approval of the Council that the following resolution is passed:

“That the Planning Authority pursuant to Section 11(5)(c) of the Planning and Development Act 2000 resolves to amend the Managers Draft Development Plan as follows:

That the following underlined text be added to Policy AR 6: Protection of Historic Street Furniture (p.105):

Items of street furniture can be important elements in establishing the character and interest of our streetscapes and rural landscape. Such items could include bollards, railings, street signs, post boxes, telephone kiosks, horse troughs, water pumps, jostlestones, milestones, cobbles and setts, coal hole covers, weighbridges, plaques, granite kerbing and other monuments”.”

Following discussion, it was proposed by Councillor D. O’Callaghan, seconded by Councilor C. Smyth that Motion No. 177 be amended to read as follows:-

That the following underlined text be added to Policy AR 6: Protection of Historic Street Furniture (p.105):

Items of street furniture can be important elements in establishing the character and interest of our streetscapes and rural landscape. Such items could include bollards, railings, street signs, post boxes, telephone kiosks, horse troughs, water pumps, jostlestones, milestones, cobbles and setts, coal hole covers, weighbridges, plaques, granite kerbing and other monuments”.”

The amended Motion and Manager’s Report were AGREED.

DEV/238/09 Specific Local Objective Enhancement and Improvement of Shankill Village on Map 10

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to provide a Specific Local Objective for the enhancement, improvement and upgrading of streetscape, footpaths and street furniture in Shankill Village on Map 10."

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

“The Manager does not agree with this Motion.

79 Shankill Village was the subject of a village improvement scheme in 1996 where services were undergrounded, new footpaths and road surfaces were replaced, street furniture, landscaping and artistic features were all installed. The village could benefit from certain upgrading at this stage, however, it is not considered reasonable or equitable to single out Shankill Village for such treatment.

Collectively Elected Members could bring forward a prioritised list of villages to be the subject of future Village Improvement Schemes. It should be noted that the EU-led funding for Village Improvement Schemes implemented over the last decade is no longer available to the Council. Any new Village Improvement Scheme will have significant budgetary implications, as the Council will have to fund these from its own resources.”

The Manager’s Report was AGREED.

DEV/239/09 More Allotment Space

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

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees to provide more allotment space."

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

“The Manager agrees with the sentiments of this Motion, which has already been adequately addressed through the insertion of Policy OSR5 in the Manager’s Draft Plan.

10.2.5 Policy OSR5: Allotments states: “It is Council policy to support the development of additional public allotments” and that “… The Council will seek to identify additional sites for such activities”.

The Manager’s Report was AGREED.

DEV/240/09 Provision of a Public Toilet in all Discount Stores in the County

It was proposed by Councillor C. Smyth, seconded by Councillor D. O’Callaghan: "That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That this Council agrees that all discount food stores and similar size retail units provide a public toilet."

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

“The Manager does not agree with this Motion.

80 This is a public health matter and falls outside the remit of the development plan.”

The Manager’s Report was AGREED .

DEV/241/09 Dezoning of Council Owned Site off Blackglen Road from Housing to Open Space

It was proposed by Councillor L. McCarthy and AGREED to WITHDRAW Motion No. 182 on the Agenda as follows:-

“That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager would dezone the Council owned site off the Blackglen Road from Housing to Open Space."

DEV/242/09 Zoning of All Council Public Greens to Open Space

It was proposed by Councillor L. McCarthy, seconded by Councillor J. Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager would please zone all Council owned public greens (particularly within housing estates) open space and please ensure this is shown green on all maps (to reflect the proposal - no development on conditioned open space - irrespective of zoning). "

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

“The Manager does not agree with this Motion.

10.2.1 Policy OSR1: Green Space Strategy: “It is Council Policy to undertake a comprehensive audit of the existing and proposed open space provision in Dún Laoghaire-Rathdown and to prepare an all-encompassing Green Space Strategy for the County. The outputs and recommendations of that Strategy will be implemented as appropriate and as resources allow”.

The Council’s Housing Department opposes the Motion because in some of the Council housing estates limited development has occasionally taken place – either as part of a redevelopment project or in response to issues associated with persistent anti-social activity.

It is recommended that the whole issue of rezoning conditioned open space currently zoned ‘A’ be dealt with comprehensively and objectively following the conclusion of the Green Space Strategy. It is considered that Paragraph 18.6 of the Manager’s Draft Plan, which states that “Irrespective of zoning, if land is Conditioned Open Space, no development shall take place” deals with the broad thrust of the Motion.”

81 Following discussion, during the course of which Ms. K. Holohan, Deputy Manager responded to Member’s queries, the Deputy Manager agreed to amend her report to include the following additional text.

“The issues raised in this Motion will be considered in the context of the preparation of the “Green Space Strategy”.

The Manager’s Amended Report was AGREED.

DEV/243/09 Protection of Mature Trees at the IMI (Map 5)

It was proposed by Councillor L. McCarthy, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Manager would condition the proposed development of IMI (map 5) to ensure the protection of mature trees backing on to Clonard gardens."

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

“The Manager does not agree with this Motion.

Specific Local Objective 75 (Map 5) in the Manager’s Draft Development Plan relates to the Irish Management Institute. It reads: “To facilitate, support and enhance the development of the Irish Management Institute including all associated and supporting facilities.”

There are three tree symbols on the site relating to the objective “To Protect and Preserve Trees and Woodlands”. Policy LHB11: Trees and Urban Woodlands (9.3.7) states: “It is Council policy that trees, groups of trees or woodlands which form a significant feature in the landscape or, are important in setting the character of ecology of an area shall be preserved wherever possible. New urban woodlands will be planted in areas deficient in tree coverage and/or associated within new development nodes and infrastructure programmes”.

It is considered that sufficient protection is afforded to the trees in question by virtue of the various objectives and policies already contained in the Manager’s Draft Plan.”

The Manager’s Report was AGREED .

DEV/244/09 Change of Zoning of Open Space on Map 6

It was proposed by Councillor L. McCarthy, seconded by Councillor J. Byrne:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

82 That the Manager would please change the zoning to open space on the (map 6) areas of 'reserved' land at the new Kilgobbin/Sandyford road junction."

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

“The Manager does not agree with this Motion.

The surrounding zoning on these lands is ‘A’ “to protect and/or improve residential amenity”. Some of these reserved sites could have future development potential.

The Housing Department acquires sites from various sources, including residual sites from road construction. In the past this type of site has proved very successful e.g. Wyckham Way in Dundrum and Brehon Grove currently under construction in Kingston, Ballinteer.

This sites are very well located, close to Sandyford Village and are in the Council’s ownership.

It is recommended that the zoning should not be changed in view of the potential to provide much needed Affordable and Social housing for the county at this location.”

The Manager’s Report was AGREED.

DEV/245/09 Removal of the QBC proposal for Mount Anville Road

It was proposed by Councillor G. Horkan, seconded by Councillor G. Crowe:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the QBC proposal for Mount Anville Road be removed from the development plan as this proposal has already been dropped by the Transportation Department."

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

“The Manager does not agree with this Motion.

The proposed Mount Anville Road QBC forms part of the strategic east-west bus link between Blackrock and Dundrum and onwards towards South Dublin County Council. The project has been postponed by the Transportation Department, as no buses serve the route at present. The route remains a key link in the future roll-out of the overall QBC network, however, and for this reason it is recommended the proposal be retained.”

The Manager’s Report was AGREED.

DEV/246/09 Removal of the QBC proposal for Goatstown Road

It was proposed by Councillor G.Horkan, seconded by Councillor G. Crowe:

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"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the QBC proposal for the Goatstown Road be removed as it is entirely unfeasible and that a symbol indicating bus priority where achievable be indicated instead."

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

“The Manager does not agree with this Motion.

The proposed Goatstown Road QBC forms part of the strategic quality bus network connecting the County radially to the city centre and connecting with other orbital links. A feasibility design has already been drafted by the QBN Project Office which demonstrates that these projects can be achieved.”

Following a discussion, the Motion was PUT . A roll call vote was then called for, which resulted as follows:-

COUNCILLORS: FOR AGAINST ABSTAINED

Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry Corish, Terence √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac Dillon Byrne, Jane √ Feighery, Gene √ Fox, Tony Hand, Pat Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √

84 McCarthy, Lettie √ Mitchell O’Connor, Mary O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid O’Leary, Jim √ Smyth, Carrie √ TOTAL: 8 13

An Cathaoirleach, Councillor T. Joyce declared the Motion DEFEATED.

DEV/247/09 Removal of H Symbol on the Mount Anville Roads Depot

It was proposed by Councillor G. Horkan, seconded by Councillor G. Crowe:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the “H” symbol on the Mount Anville Roads Depot be removed."

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

“The Manager does not agree with this Motion.

An Assessment of Housing needs was carried out which identified a need for further social housing to be provided. In order to meet this need a Housing Action Plan identified a number of sites required for development of social housing and this site has been identified for a mixture of Social and Affordable.

The site is very well located, close to schools, amenities and good transportation. It is very costly to acquire land in this area. The Housing Construction Programme identified this site for mixed use.”

The Manager’s Report was AGREED.

DEV/248/09 TA Symbol on UCD Lands

It was proposed by Councillor G. Horkan, seconded by Councillor L. Cosgrave:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

85 That the “TA” symbol on UCD lands be located away from Fosters Ave as this site has not been agreed by UCD or the Council."

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

“The Manager does not agree with this Motion.

The Traveller Accommodation Programme 2009 – 2013 was adopted on the 9th March 2009. This programme identified the existing and proposed Traveller-specific accommodation (Halting Sites and Grouped Housing) locations. It is not possible to give the exact location of all of the sites as they are subject to site suitability, Part 8 approval, Part V agreements and/or Planning Approval. The Traveller Accommodation Programme as adopted does show the location of the proposed site at UCD to be in the general area of Fosters Avenue. As the Council and UCD have not yet agreed the precise location of the site, it is proposed that the “TA” symbol remains where it is on the current Development Plan.

The change as proposed would require a variation to the Traveller Accommodation Programme, which was adopted on 9 th March, 2009 and would require full public consultation process and Council Approval.”

The Manager’s Report was AGREED.

DEV/249/09 Incorporation of the Principles of the SMART Growth Initiative

It was agreed to resume consideration of motion number 117 which had been deferred from earlier in the meeting.

It was proposed by Councillor T. Kivlehan, seconded by Councillor R. Holohan:

"That this Planning Authority pursuant to Section 11 (5) (c) of the Planning & Development Act, 2000 resolves to amend the Manager's Draft Development Plan as follows:

That the Council directs the Manager in accordance with the provisions of Section 11 (5) (c) of the 2000 Planning Act to incorporate into the forthcoming Draft County Development Plan, the principles of the Smart Growth initiative developed to effect the implementation of more efficient land-use planning as an alternative to urban sprawl, traffic congestion, disconnected neighbourhoods, and obsolete development based on the following principles: 1. Mix land uses; 2. Take advantage of adaptable compact building design utilising quality durable materials; 3. Create a range of housing opportunities and choices; 4. Create walkable communities with appropriate priority measures; 5. Foster distinctive, attractive communities with a strong sense of place; 6. Preserve open space, farmland, natural beauty and critical environmental areas; 7. Strengthen and direct development towards existing communities; 8. Provide a variety of transport choices; 9. Make development decisions predictable, fair and cost effective; 10. Encourage community and stakeholder collaboration in development decisions; 11. Efficient management, adaptation, reuse and expansion of infrastructure, and 12. Infill redevelopment and adaptive use and re-use in built-up areas; and that the overall strategy, policies and objectives in the County Development Plan be framed to be consistent with this initiative."

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

“The Manager does not agree with this Motion.

The Motion effectively sets out the broad principles of sustainable development, which has become known in U.S. planning terminology as ‘Smart Growth’. It is considered that the principles outlined in the Motion are fundamentally embedded in the Manager’s Draft Development Plan and the policy framework which the Manager’s Draft Development Plan sits in – the National Spatial Strategy (2002) and the Regional Planning Guidelines for the Greater Dublin Area (2004, currently under review).

It is considered that the objectives set out in the Motion are substantially addressed in the body of the Manager’s Draft Development Plan, particularly Section 2.2 Strategy , including objectives such as:

• To promote the achievement of sustainable development and Local Agenda 21 and the conservation of future resources by minimizing the consumption of natural non- renewable resources, including land. • To limit further encroachment of the urban area into the rural area through considered infill and the recycling of ‘brownfield’ sites and redundant institutional lands. • To protect local assets by preserving the quality of the landscape, open space, architectural, archaeological and cultural heritage and material assets of the County. Special care will be afforded to areas of high amenity, upland zones and green belt areas. • To protect the open character of rural areas and to prevent unsuitable and unsustainable development. • To promote social inclusion and the involvement of the local community in decision- making on planning and environmental sustainability issues and to facilitate the delivery of objectives contained in the Dún Laoghaire-Rathdown County Development Board Strategy 2002-2012.”

The Manager’s Report AGREED.

DEV/250/09 Resolution

The following Resolution was READ .

“That this Council, being the Planning Authority for Dun Laoghaire – Rathdown County, having considered the Manager's Draft Development Plan, which was submitted to it pursuant to Section 11 (5) (a) of the Planning and Development Act 2000 on the 26th of February 2009, at meetings on 5 th March 2009, 11 th March 2009 and 18 th March 2009, and having discussed proposed amendments to the Manager’s Draft Development Plan pursuant to Section 11 (5) (c) of the Planning and Development Act 2000 at meetings of the Council held on 31st March 2009 and 1 st April 2009 do hereby resolve under Section 11 (5) (c) to adopt the Manager's Draft Development Plan as so amended in the following Schedule as the Draft Development Plan for Dun Laoghaire - Rathdown and to initiate the public display and consultation procedure as set out in Section 12 of the Planning and Development Act 2000.

87 SCHEDULE OF PROPOSED AMENDMENTS TO THE MANAGER'S DRAFT DEVELOPMENT PLAN PURSUANT TO Section 11 (5) (c) OF THE PLANNING AND DEVELOPMENT ACT 2000.

Motion No. 2 (a) Councillor G. Horkan Motion No. 2 (b) Councillor G. O’Keeffe Motion No. 2 (d) Councillor M. Baker Motion No. 2 (e) Councillor M. Baker Motion No. 2 (g) Councillor G. Horkan Motion No. 3 (as amended) Councillor M. Baker Motion No. 4 (as amended) Councillor C. Devlin Motion No. 23 (as amended) Councillor C. Devlin Motion No. 37 (as amended) Councillor T. Joyce Motion No. 40 Councillor A. Culhane Motion No. 41 Councillor A. Culhane Motion No. 42 Councillor A. Culhane Motion No. 43 Councillor A. Culhane Motion No. 44 (as amended) Councillor A. Culhane Motion No. 45 (as amended) Councillor A. Culhane Motion No. 46 Councillor A. Culhane Motion No.48 (as amended) Councillor A. Culhane Motion No. 49 Councillor A. Culhane Motion No. 50 Councillor A. Culhane Motion No. 51 Councillor A. Culhane Motion No. 52 Councillor A. Culhane Motion No. 53 (as amended) Councillor A. Culhane Motion No. 54 Councillor A. Culhane Motion No. 57 Councillor A. Culhane Motion No. 58 Councillor A. Culhane Motion No. 59 (as amended) Councillor A. Culhane Motion No. 60 Councillor A. Culhane Motion No. 98 Councillor J. Dillon-Byrne Motion No. 99 (as amended) Councillor J. Dillon-Byrne Motion No. 100 Councillor J. Dillon-Byrne Motion No. 101 (as amended) Councillor J. Dillon-Byrne Motion No. 102 (as amended) Councillor J. Dillon-Byrne Motion No. 103 (as amended) Councillor J. Dillon-Byrne Motion No. 107 (as amended) Councillor M. Mithcell O’Connor Motion No. 109 (as amended) Councillor N. Bhreathnach Motion No. 110 Councillor N. Bhreathnach Motion No. 112 (as amended) Councillor N. Bhreathnach Motion No. 113 (as amended) Councillor N. Bhreathnach Motion No. 114 Councillor N. Bhreathnach Motion No. 115 Councillor N. Bhreathnach Motion No. 116 Councillor N. Bhreathnach Motion No. 118 Councillor T. Kivlehan Motion No. 119 Councillor T. Kivlehan Motion No. 120 Councillor T. Kivlehan Motion No. 126 (as amended) Councillor G. Feighery Motion No. 127 Councillor G. Feighery Motion No. 129 (as amended) Councillor G. Feighery Motion No. 131 Councillor R. Holohan Motion No. 135 (as amended) Councillor R. Holohan Motion No. 136 (as amended) Councillor R. Holohan Motion No. 137 (as amended) Councillor R. Holohan

88 Motion No. 138 (as amended) Councillor R. Holohan Motion No. 139 (as amended) Councillor R. Holohan Motion No. 142 (as amended) Councillor J. Byrne Motion No. 145 (as amended) Councillor J. Byrne Motion No. 147 Councillor T. Corish Motion No. 164 (as amended) Councillor D. O’Callaghan Motion No. 165 Councillor D. O’Callaghan Motion No. 167 Councillor C. Smyth Motion No. 170 (as amended) Councillor D. O’Callaghan Motion No. 172 (as amended) Councillor C. Smyth Motion No. 174 (as amended) Councillor C. Smyth Motion No. 176 (as amended) Councillor C. Smyth Motion No. 177 (as amended) Councillor D. O’Callaghan

DEV/251/09 Vote of Thanks

An Cathaoirleach, Councillor T. Joyce thanked the Deputy County Manager and staff for all their work during the preparation of the Manager’s Draft Plan.

Ms. K. Holohan, Deputy County Manager thanked An Cathaoirleach and the Elected Members for all their support and co-operation.

DEV/252/09 Public Display

It was proposed by Councillor A. Culhane, seconded by Councillor L. Cosgrave and AGREED that the Draft Development Plan as amended by the Members go on public display for ten weeks commencing Friday, 24 April 2009.

DEV/253/09 Conclusion of Meeting

The meeting concluded at 12.00 a.m.

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