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Printed Minutes PDF 260 KB DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 8 March 2004 at 5.00 pm PRESENT Councillors Councillors Boyhan, V. Ireland, K. Butler, L. Joyce, T. Coffey. B Kelly, T. Conway, B. Keogh, H. Corrigan, M Lowe, B. Cosgrave, Liam T. Marren, D. Culhane, A. Matthews, T. Dillon Byrne, J. Murphy, T. Dockrell, W. O’Callaghan, D. Elliott, M. O’Malley, C. Fox, T. Saul, B. Hand, P. Smyth, C. Horkan, G. Apologies for inability to attend were received from Councillors N. Bhreathnach, Louise Cosgrave and E. Costello. An Cathaoirleach, Councillor T. Matthews presided. OFFICIALS PRESENT Mr. D. Brady, County Manager; Mr. M. Gough, Deputy Manager; Mr. J. Fitzgerald, Ms. K. Holohan, Mr. C. MacNamara, Mr. E. O’Hare, Ms. M. Mallon, Directors of Services; Mr. D. Irvine, Senior Planner; Ms. T. Langan, Ms. B. O’Reilly, Senior Executive Officers; Mr. J. Richardson, Mr. B. Hannon, Senior Executive Architects, Ms M. Hickey, Mr. E. Condon, Mr. T. Mahon, Administrative Officers; Ms. M. Lyons, Senior Staff Officer. C/132/04 Vote of Sympathy A vote of sympathy was passed with the family of John O’Grady, R.I.P, Senior Staff Officer, Corporate Services. A vote of sympathy was also passed with the family of Mrs. Sally Boland, R.I.P. who was involved in amateur dramatics in Dalkey and also with the family of Mr. Hubert Lavelle, R.I.P. former member of the Diplomatic Corps. An Cathaoirleach, the Members, Manager and staff observed a minute’s silence. C/133/04 Resolution pursuant to Section 140 of the Local Government Act, 2001, submitted by Councillors C. O'Malley, J. Dillon Byrne, N. Bhreathnach, D. O'Callaghan, C. Smyth and A. Culhane: It was proposed by Councillor C. O’Malley and seconded by Councillor J. Dillon Byrne: 1 "We the Members of Dun Laoghaire-Rathdown County Council pursuant to Section 140 of the Local Government Act 2001 hereby require and direct the County Manager to proceed immediately with the preparation of a Local Area Plan for Deansgrange, and strongly recommend that no further major developments be allowed in the area until the Plan has been completed." The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED : “A material amendment to the draft Development Plan 2003 has included an objective to prepare a Local Area Plan for Deansgrange. A commitment has been given to prepare the plan within the first two years of the life of the new County Development Plan, to cover the area within half a kilometre radius of the Deansgrange crossroads. This material amendment along with all other material amendments to the draft plan will be considered at a series of meetings to be held during this month. Having regard to statutory deadlines, the final date for the adoption of the Development Plan is the 23 rd March, 2004. The Plan will come into effect four weeks after that date. Work on Local Area Plans will commence in 2004 starting with Cherrywood-Rathmichael Area, Bray Environs, Kiltiernan/Glenamuck, Glencullen, Deansgrange, Stillorgan (to be done in first year after the Development Plan is adopted), Goatstown and Barnacullia. Each Local Area Plan will take a minimum total of 35 weeks to prepare, and longer if there is exhaustive public consultation. Work will also be required on two Special Amenity Area Orders and a series of Architectural Conservation Areas. It is considered that a Local Area Plan for Deansgrange is not a more urgent necessity in the light of other Local Area Plan and local planning commitments.” A discussion took place during which the following amendment to the resolution was proposed by Councillor D. Marren: “That the motion be amended by the deletion of word “immediately” and substitute “as soon as possible” with a commencement date in Autumn 2004.” Mr. M. Gough, Director of Economic Development and Planning and Mr. D. Brady, County Manager, responded to Members queries. The amended resolution was PUT and AGREED . C/134/04 Resolution pursuant to Section 140 of the Local Government Act, 2001, submitted by Councillors K. Ireland, V. Boyhan, J. Dillon Byrne, C. O'Malley: It was proposed by Councillor K. Ireland and seconded by Councillor V. Boyhan: "We the Members of Dun Laoghaire-Rathdown County Council pursuant to Section 140 of the Local Government Act 2001 hereby require and direct the County Manager to seek independent legal advice (from a person agreed by the Group Leaders) on the admissibility of Submission 555 and the County Manager's response to it.” The following report of the Manager, copy of which had been circulated to the Members was CONSIDERED: “The relevant provision of the Local Government Act 2001 which enables the elected members to obtain a second legal opinion is contained under Section 132. It is a necessary pre-condition to the exercise by the elected members of that statutory 2 function that they have already received a legal opinion, through the Manager, for the purposes of Section 152 of the said Act. In my opinion Section 132 does not permit the elected members of the Council to nominate the person from whom such a second legal opinion is to be sought, whether directly or indirectly. Therefore, in my opinion, because this motion purports to direct the procurement of a second legal opinion “from a person agreed by the Group Leaders” it is invalid. In my opinion the function of the elected members under Section 132 is confined to Directing the Manager to obtain the “second legal opinion” and no implication arises from the Section which would enable the Council by resolution to direct the Manager to obtain that “second legal opinion” from a particular source or indeed to have the input into that Managerial function in the manner contended for in this motion. If a valid motion pursuant to Section 132 is adopted by the Council, having first considered the legal opinion provided by the Manager, then the statutory onus passes to the County Manager to implement the Council’s Direction, procure that “ second legal opinion” and to communicate it to the Council without undue delay.” An Cathaoirleach, Councillor T. Matthews declared the resolution INVALID. C/135/04 Confirmation of Minutes (a) Minutes of County Council Meeting held on 9 February 2004 were ADOPTED . C/136/04 Questions It was proposed by Councillor L. Butler, seconded by Councillor B. Coffey and RESOLVED: “That pursuant to Standing Order No. 105 question numbers 4 to 20 inclusive be APPROVED and ADOPTED. C/137/04 (Details Withheld), Dalkey Question: Councillor V. Boyhan “To ask the Manager to set out in detail on what grounds (details withheld) was included in the Manager’s Report Under Section 12(8) of the Planning and Development Act 2000 in relation to the Amended Draft Development Plan?” Reply: “(details withheld) is listed as a listed building in the County Development Plan 1998. It is not indicated as a protected Structure in the Draft Development Plan, either in the Written Statement or on Map 4. It was reinstated as a protected structure by the elected members. Consequently it went out on the second public display as a material alteration, as required by Section 12 (7) of the Planning and Development Act 2000.” C/138/04 Partial Waivers - Environmental Service Charges Question: Councillor V. Boyhan “To ask the Manager to confirm how many applications are awaiting a response from this Council in relation to partial waiver status in connection with environmental service charges?” 3 Reply: “There are approximately 4,000 waiver applications on hand for 2003. Current waiver applications are usually made following the annual issue of Bills in March. None of the applications on hand will attract a partial waiver as the waiver scheme for 2003 only provides for the granting of full waivers. From January 2004 to date 3,180 waiver applications have been processed.” C/139/04 High Court Judgement: Dublin City Council -v- Wright Question: Councillor V. Boyhan “To ask the Manager to provide a copy of the High Court Judgement in relation to Dublin City Council –v- Wright re: E.U. Directives on Polluter Pays Principle and the 1996 Waste Management Act. The Judgement was delivered by Justice Quirke (21 January 2004) and can the Manager comment if there are issues arising from this case that Dun Laoghaire-Rathdown County Council should note or take appropriate action?” Reply: “The decision of Judge Quirke reaffirmed the Local Authority’s views that in adopting the Resolution the necessary powers were given by the Oireachtas and lawfully exercised by it at the relevant time under the then relevant legislation. Furthermore that the Protection of the Environment Act, 2003, has introduced an amendment to the Waste Management Act, 1996 under which the Oireachtas removed from the Elected Member’s functions in relation to the making of such a charge and prohibits Elected Members from adopting a Resolution giving the Manager a direction or requiring him to do any act, matter or thing inconsistent with the powers given to the Manager under that provision and any such Resolution which contravenes the provision shall be void.” C/140/04 Council Archivist Question: Councillor V. Boyhan “To ask the Manager who is currently responsible for the Council archive and will the Council employ a full time archivist?” Reply: “Some of the Councils older material has already been archived and indexed and the records, which have been divided into five mini collections (in relation to the Urban District Council’s of Blackrock, Dalkey, Killiney-Ballybrack and Dun Laoghaire, and to the Dun Laoghaire Corporation) are kept in the strong room in the County Hall.
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