DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

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

PRESENT

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

An Cathaoirleach, Councillor John F. Bailey presided.

OFFICIALS PRESENT

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

C/666/11 Item Not On Agenda

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

C/667/11 Confirmation of Minutes

Minutes of County Council Meeting held on 13th June 2011

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

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

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

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

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

C/668/11 Questions

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

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

C/669/11 Plans for Cabinteely House

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

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

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

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

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

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

C/670/11 Councils Public Art Collection

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

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

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

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

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

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

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

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

3 Stele for Cecil Colm Brennan Sheet steel 1986 historical Toverna park Blackrock Blackrock King

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

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

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

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

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

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

Altered Bernard Mortell Granite 1985 symposium Marlay Park Glencullen Images

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

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

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

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

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

Eileen McDonagh Eclipse Limestone 1983 symposium Marlay Park Glencullen

Solitary Cathy Carman Stainless steel 1983 symposium Marlay Park Glencullen Figure

Vincent Brown Necromancy Sheet Steel 1987 symposium Marlay Park Glencullen

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

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

Gerard Cox House Boat Wood Laths 1986 symposium Marlay Park Glencullen

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

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

C/671/11 Dún Laoghaire Baths Project

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

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

C/672/11 Pavilion Theatre Dún Laoghaire

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

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

C/673/11 Council Historic Archive

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

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

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

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

C/674/11 Energy Efficient Retrofitting of Council Properties

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

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

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

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Double Glazing 2,292 Central Heating 812 Attic Insulations 834

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

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

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

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

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

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

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

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

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

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

C/676/11 Noise Pollution

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

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

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

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

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

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

C/677/11 Cemeteries Bye-Laws

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

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

C/678/11 Bye-Laws for Coliemore Harbour

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

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

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

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

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

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

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

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

C/680/11 Councillors Payments

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

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

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

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

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

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

Boyhan Victor €487.98 €244.01 €243.97 €6,233.19 €16,724.04 €2,758.93 €839.00 €329.89 €27,129.06 (Broadband bills - paid from Feb - Dec 2010) Brennan Aoife €354.50 €177.27 €177.23 €6,289.25 €16,724.04 €657.42 €295.00 €389.87 €24,532.85 (Broadband bills - paid from Dec 09 - Dec 10) Culhane Aidan [Chair County €533.68 €244.36 €289.32 €6,145.11 €16,724.04 €2,850.00 €439.78 €516.82 €6,000.00 €359.88 €33,279.99 Development Board July - Dec 2010][SPC Chair Allowance]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Explanations Below:

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

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

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

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

C/681/11 RAS Scheme

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

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

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

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

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

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

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

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

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

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

C/683/11 Severe Weather

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

Reply: “Transportation Department Winter Maintenance

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

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

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

11 years.

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

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

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

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

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

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

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

C/684/11 Repair Works

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

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

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

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

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C/685/11 Development Levies Received This Year

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

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

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

C/686/11 Development Levies Received

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

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

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

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

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

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

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

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

C/687/11 Standard Development Bond

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

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

KNOW ALL MEN BY THESE PRESENTS that we

(herein called “the Developer”) and

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

SEALED this day of 2011.

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

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

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

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

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

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

DIRECTOR

SECRETARY

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Dated this day of 2011

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

DIRECTOR

SECRETARY

Dated this day of 2011”.

C/688/11 Litter Fines

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

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

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

C/689/11 After Hours Service

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

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

C/690/11 Parking Bye Laws

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16  Cllr Victor Boyhan

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

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

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

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

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

C/693/11 Proposed Disposal of Properties

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

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

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

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nominations are now sought to fill this vacancy.”

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

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

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

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

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

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

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

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

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

Nominations are now sought to fill this vacancy.”

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

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

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

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

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

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

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

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

Nominations are now sought to fill this vacancy.”

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

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

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

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

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

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

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

Nominations are now sought to fill this vacancy.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SITE LOCATION:

The two terminal points of the route will be the Sandyford Luas station as accessed from Brewery Road and the southern side of Leopardstown Road opposite its Leopardstown Avenue junction where a pedestrian/cyclist shared space will be installed linking to the present footpath and cycle track.

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

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

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

ZONING AND OTHER OBJECTIVES:

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

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

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

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

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

NATURE AND DESCRIPTION OF THE SUBJECT PART 8 PROPOSED DEVELOPMENT:

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

SCHEME LAYOUT:

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

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

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

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

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

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

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

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

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

REPORTS RECEIVED:

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

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

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

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

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

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

25

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC INFORMATION EVENINGS:

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

LIST OF PERSONS/BODIES WHO MADE SUBMISSIONS:

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

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

Table A: list of persons/bodies who made submissions

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

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

SUMMARY OF THE SUBMISSIONS:

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

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

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

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

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

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

MANAGER’S RESPONSE TO SUBMISSION ISSUES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32

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

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

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

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

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

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

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

RECOMMENDATION:

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

33 immaterial alterations to the plans and particulars of the development subject to the following amendments:

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

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

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

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

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

The following motion was handed up from the floor:

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

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

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

Councillor R. Humphreys WITHDREW his motion.

34

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

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

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

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

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

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyhan, Victor √ Brennan, Aoife √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Halpin, Melisa √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √

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

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

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

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

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

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

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

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

2 Period of eligibility and progression

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

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

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

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

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

5. Budget 2011

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

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

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

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

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

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

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

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

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

The following resolution is required:

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

39 STATUTORY INSTRUMENTS.

S.I. No. of 2011

————————

STUDENT GRANT SCHEME 2011

(Prn. ) 2

S.I. No. of 2011

STUDENT GRANT SCHEME 2011

ARRANGEMENT OF SCHEME

Part 1

Preliminary and general 1. Citation. 2. Commencement and application. 3. Interpretation.

Part 2

Scheme of grants

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

6. Classes of grant.

7. Maintenance grant.

8. Fee grant.

9. Tuition fee element of fee grant.

10. Student contribution element of fee grant.

11. Field trip element of fee grant.

12. Classes of applicant.

13. Eligibility exclusions.

14. Period of eligibility and progression.

15. Post leaving certificate courses — progression.

16. Undergraduate courses — progression.

17. Postgraduate courses — progression.

Part 3

Reckonable income

18. Reckonable income limits and eligible payments.

19. Reference period.

20. Person whose income is considered. 3

21. Determination of reckonable income — general.

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

23. Determination of reckonable income — secondary income.

24. Treatment of losses.

Part 4

Award of grants

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

26. Rates and value — maintenance grant.

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

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

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

30. Review of eligibility during academic year.

Part 5

Application, provision of information and payment

31. Appropriate awarding authority.

32. Application time limits.

33. Applications generally.

34. Submission of information.

35. Payment of maintenance grants.

36. Payment of fee grants.

37. Overpayments.

Part 6

Appeals

38. Appeals to appeals officers.

39. Appeals to Appeals Board.

Schedule 1

Reckonable income limits for maintenance and fee grants for the 2011/12 academic year. 4

Schedule 2

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

Schedule 3

Rates of maintenance grant for the financial year 2011.

Schedule 4

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

Schedule 5

Documentary evidence. 5

S.I. No. of 2011

STUDENT GRANT SCHEME 2011

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

Part 1

Preliminary and general

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

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

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

Interpretation 3. (1) In this Scheme—

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

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

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

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

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

“awarding authority” means—

(a) a vocational education committee, or

(b) a local authority;

“dependent child” shall be construed in accordance with section 16(7) of the Act and article 18(8); 6

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

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

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

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

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

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

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

“Minister” means the Minister for Education and Skills;

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

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

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

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

“recognised awarding body in the State” means—

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

(b) one of the universities in the State; 7

(c) the Royal College of Surgeons in Ireland;

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

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

(f) the Dublin Institute of Technology;

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

“relevant persons” include—

(a) dependent children,

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

(c) an independent student’s spouse, civil partner or cohabitant;

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

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

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

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

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

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

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

(c) A reference in this Scheme to a Schedule is to a Schedule to this Scheme, unless it is indicated that reference to some other instrument is intended. 8

Part 2

Scheme of grants

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

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

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

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

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

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

(a) a maintenance grant; and

(b) a fee grant.

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

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

(b) the special rate, depending on the level of reckonable income and other requirements; 9 and, in either case, at either adjacent or non-adjacent rates, depending on the distance between a student’s normal residence and the institution where the approved course takes place.

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

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

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

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

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

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

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

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

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

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

(8) A fee grant, or part thereof, shall be subject to a reduction where the student or tuition student receives, or is eligible for, assistance towards the tui- tion fee from any other source. 10

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

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

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

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

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

(c) pursuing an approved postgraduate course.

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

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

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

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

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

(a) independent student; and

(b) dependent student. 11

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

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

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

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

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

(c) in the year of re-entry to an approved course, is at least 23 years old.

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

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

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

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

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

(2) A student or tuition student is not eligible for a grant if he or she has been awarded or holds any grant, scholarship, prize, allowance, bursary or award of similar description made from public funds in the State, or equivalent from a Member State, a contracting state to the EEA Agreement or the Swiss Confed- eration, in respect of the approved course being attended. 12

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

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

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

(c) awards to applicants under the Student Assistance Fund or the Fund for Students with Disabilities;

(d) Easter Week Scholarship Scheme;

(e) Donogh O’Malley Scholarship Scheme;

(f) All Ireland Scholarship Scheme; and

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

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

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

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

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

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

(2) Where a student is required as part of an approved undergraduate or postgraduate course to attend a higher education institution outside the State for a period of up to one year, a maintenance grant may continue to be paid 13 where the period abroad does not extend the normal duration of the approved course.

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

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

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

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

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

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

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

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

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

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

(ii) be required to complete an equivalent period of study on an approved undergraduate course at Level 8 of the framework of qualifications before being eligible to be considered for a grant, or 14

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

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

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

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

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

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

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

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

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

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

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

(ii) be eligible to be considered for a grant to pursue an approved undergraduate course where no more than one year was com- pleted on any postgraduate course, or 15

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

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

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

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

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

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

(a) Post leaving certificate courses:

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

(b) Undergraduate courses:

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

(i) two years at Level 6;

(ii) three years at Level 7;

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

(c) Postgraduate courses: 16

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

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

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

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

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

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

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

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

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

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

(b) a student or tuition student is ineligible if he or she already holds a higher education and training award at or above Level 6 of the frame- work of qualifications, or equivalent; 17

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

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

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

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

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

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

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

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

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

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

(e) a student or tuition student who completed part of a course at Level 6 or 7 of the framework of qualifications or equivalent and gains admission through exemption to the second or subsequent year of an 18

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

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

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

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

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

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

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

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

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

(i) a postgraduate diploma at Level 9 of the framework of quali- fications,

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

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

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

(c) a student or tuition student is ineligible for a grant if he or she already holds a postgraduate higher education and training award at or above, or equivalent to, Level 9 of the framework of qualifications, unless he or she meets the conditions at subparagraph (d); 19

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

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

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

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

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

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

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

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

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

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

Part 3

Reckonable income

Reckonable income limits and eligible payments 18. (1) To be eligible for an award of a grant or any part thereof in respect of any academic year of an approved course, an applicant's reckonable income in the specified reference period shall not exceed the income limits specified on an annual basis by the Minister for each relevant academic year. 20

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

Maintenance grants:

(a) the special rate of maintenance grant

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

Fee grants:

(c) full (100%) and part (50%) grant in respect of the tuition fee element of a fee grant

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

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

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

(a) less than 4,

(b) 4-7, or

(c) 8 or more

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

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

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

(8) The following date is prescribed as the relevant date for this Scheme as regards the definition of “dependent child” in section 16(7) of the Act: 1 October of the year prior to the year in which a student, in relation to whose application for a grant a dependent child is relevant, commences a year of study in any year on an approved course. 21

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

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

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

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

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

(a) has no living parent, or

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

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

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

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

(2) If the applicant is unsure whether an income, gain or benefit should be included in the calculation of reckonable income, the details including the amounts should be provided when completing the application form. 22

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

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

(b) Social welfare payments

(c) Payments from other government departments or state agencies

(d) Self-employment or farming

(e) Rental and other income from land and property

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

(g) Income from savings, deposit accounts and investments

(h) Income from maintenance arrangements

(i) Lump sum payments from retirement and redundancy

(j) Income from the disposal of assets or rights

(k) Gifts and inheritances

(l) Income from other sources not mentioned above

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

• Child Benefit

• Family Income Supplement

• Disability Allowance (where paid to the applicant)

• Blind Pension (where paid to the applicant)

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

• Guardian’s Payment

• Foster Care Allowance

• Domiciliary Care Allowance

• Carer’s Allowance

• Student Assistance Fund

• Student grant 23

• Compensation for a personal injury

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

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

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

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

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

(e) overtime payments earned in the reference period that are not recur- ring payments.

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

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

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

(a) add-back depreciation;

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

(c) add-back finance lease payments;

(d) add-back remuneration in respect of—

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

(ii) wages or payments to dependent children; and

(iii) wages or payments to non-dependent children where the payment is above the norm for the work undertaken. 24

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

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

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

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

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

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

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

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

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

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

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

(b) in the case of an independent student—

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

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

(c) In the case of a dependent student—

(i) disposals between parent(s), 25

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

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

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

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

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

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

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

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

Part 4

Award of grants

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

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

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

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

(c) the Regulations and such criteria as are specified in this Scheme. 26

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

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

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

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

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

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

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

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

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

(3) In accordance with article 7, full and part standard maintenance grants, and the special rates of maintenance grant, shall be payable at either adjacent or non-adjacent rates. The awarding authority shall determine the rate applic- able in respect of an eligible student as follows— 27

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

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

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

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

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

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

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

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

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

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

(5) A full tuition fee element in respect of the EU rate of fee up to, but not exceeding, the maximum fee limit prescribed in Schedule 4, is payable in respect of a postgraduate approved course provided in the State or Northern Ireland. 28

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

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

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

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

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

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

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

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

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

(b) the number of dependent children;

(c) where a relevant person commences an approved course for the pur- pose of this Scheme or a full-time course of at least one year’s dur- ation in further or higher education and training in the State or any other Member State leading to a major award at Levels 5 to 10 of the 29

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

(d) normal residence;

(e) nationality or immigration status;

(f) change of course or institution.

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

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

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

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

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

Part 5

Application, provision of information and payment

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

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

(3) If, at the time of application, an applicant is ordinarily resident in another Member State, a state in the European Economic Area or Switzerland, such applicant shall make an application to the appropriate awarding authority in the area in which the institution he or she proposes to attend is situated. 30

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

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

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

(c) Dublin Institute of Technology.

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

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

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

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

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

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

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

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

Applications generally 33. (1) If at the time of application the applicant has not already been accepted onto a course the appropriate awarding authority to which an applicant shall make his or her application should be based on the applicant’s first choice course. 31

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

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

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

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

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

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

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

(a) personal public service number,

(b) date of birth,

(c) reckonable income,

(d) nationality, immigration status and residency,

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

(f) normal residence 32

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

(a) whether he or she is a mature student, dependent student, indepen- dent student or tuition student;

(b) marital status;

(c) whether he or she has dependants;

(d) academic history;

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

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

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

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

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

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

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

Payment of maintenance grants 35. (1) Payment of a maintenance grant shall be made by the awarding auth- ority except in the case of an applicant attending an approved course at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case the payments are arranged through the relevant institution, or in the case of a post leaving certificate course, in which case the vocational education committee in the area in which the institution providing the course is situated shall make payments in respect of the applicant for the period of time as prescribed in this Scheme. 33

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

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

(4) Payments of maintenance grants made by payable order shall be addressed to the student, care of the Bursar’s or Principal’s office of the institution.

(5) An approved institution is required to verify to the awarding authority at agreed intervals that a person awarded a maintenance grant is enrolled or regis- tered with the institution, in accordance with its rules, and is continuing to attend the course for which they have been approved for in that institution. The award- ing authority must not pay the first or subsequent maintenance grant instal- ments, or, where it has been determined not to pay a maintenance grant, make any payment of maintenance, to the student before it has received such veri- fication.

Payment of fee grants 36. (1) The tuition fee element of a fee grant payable under this Scheme shall be paid by the awarding authority, except in the case of applicants attending approved courses at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case payments shall be made by the Department of Education and Skills, to the approved institution, in line with the rate of fee awarded, upon receipt of—

(a) an appropriate invoice from the approved institution in respect of the applicable tuition fee, and

(b) confirmation of registration, as supplied by the approved institution.

(2) The student contribution element of a fee grant payable under this Scheme shall be paid by the awarding authority, except in the case of applicants attending approved courses at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations or Tipperary Institute, in which case payments shall be made by the Department of Education and Skills, to the approved institution, in line with the student contribution rate awarded, upon receipt of—

(a) an appropriate invoice from the approved institution in respect of the applicable student contribution fee, and 34

(b) confirmation of registration.

(3) The field trip element of a fee grant payable under this Scheme shall be paid by the awarding authority to the student or tuition student, in line with provisions in Schedule 4, upon receipt of the following documents—

(a) a field trip form—

(i) with the relevant sections completed, verified and stamped by the approved institution, and

(ii) with relevant sections completed and signed by the student or tuition student; and

(b) receipts for expenses being claimed.

Overpayments 37. Any overpayment made in respect of a grant awarded under this Scheme may be recovered by the paying awarding authority in accordance with section 24 of the Act.

Part 6

Appeals

Appeals to appeals officers 38. Where an applicant is aggrieved by a determination of an awarding auth- ority under this Scheme he or she may, pursuant to section 20 of the Act, appeal against that determination to an appeals officer designated by the awarding authority under that section.

Appeals to Appeals Board 39. Where an applicant is aggrieved by a determination of an appeals officer under section 20(5) of the Act, he or she may, pursuant to section 21 of the Act, appeal against that determination to the Appeals Board. 35

Schedule 1

Reckonable Income Limits for maintenance and fee grants for the 2011/12 academic year

Part A

1. Reckonable income limits:

The period 1 January 2010 to 31 December 2010 is the reference period for the academic year 2011/12.

The income limits that apply to tuition students relate to the fee elements only. A tuition student does not qualify for any maintenance grant.

Income limits for Maintenance and Fee grants — Table A Maintenance: Maintenance: Maintenance: Maintenance: Maintenance: Maintenance: Maintenance:

Special 100% 75% 50% 25% Rate* Standard Standard Standard Standard Not payable Not payable Rate Rate Rate Rate

Fee elements: Fee elements: Fee elements: Fee elements: Fee elements: Fee elements: Fee elements:

To 100% Tuition 100% Tuition 100% Tuition 100% Tuition 100% Tuition 50% Tuition Tuition Fees qualify Fees Fees Fees Fees Fees Fees Not payable for: 100% 100% 100% 100% 100% 100% 50% Student Student Student Student Student Student Student Contribution Contribution Contribution Contribution Contribution Contribution Contribution

Field Trip Field Trip Field Trip Field Trip Field Trip Field Trip — Field Trip — Not payable Not payable Number of dependent children:

Less than 4 €22,703 €41,110 €42,235 €44,720 €47,205 €51,380 €55,920

4—7 €22,703 €45,165 €46,415 €49,145 €51,880 €56,460 €61,440

8ormore €22,703 €49,045 €50,400 €53,360 €56,320 €61,295 €66,700

Additional increments that may be applied to the income limits in Table A for Maintenance & Fee Grants — Table B ** + increment for each additional €0 + €4,980 + €4,815 + €4,815 + €4,815 + €4,980 + €4,980 relevant person * To be eligible for the special rate of maintenance an applicant’s reckonable income on 31 December 2010 must include an eligible payment listed in Sched- ule 2

** Increments which may be applied to the relevant income limits: 36

In the 2011/12 academic year, where the applicant plus one or more relevant persons are attending an approved course for the purposes of this Scheme or a full-time course of at least one year’s duration in further or higher education and training in the State or any other Member State leading to a major award at Levels 5 to 10, of the framework of qualifications or to an equivalent qualifi- cation made by a recognised awarding body in the State or in another Member State, the reckonable income limits for each of the rates of grant in Table A may be increased by an additional increment as identified in Table B.

Part B

Holiday Earnings:

An allowance of €3,809, in respect of income earned in the reference period but outside of the approved institution’s term time, is deductible from the appli- cant’s earnings. 37

Schedule 2

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

As at 31 December 2010, the reckonable income must include one of the eligible payments listed in this Schedule net of—

(a) income disregards (as set out in article 21(4) of this Scheme); and

(b) Child Dependant Increase (C.D.I.), where paid by the Department of Social Protection.

Social Assistance Payments

1. Blind Pension

2. Carer’s Allowance

3. One Parent Family Payment

4. Deserted Wife’s Allowance

5. Disability Allowance

6. Farm Assist

7. Jobseeker’s Allowance (where held for 391 days or more)*

8. State Pension (Non-Contributory)

9. Guardian’s Payment (Non-Contributory)

10. Pre-retirement allowance

11. Widow’s, Widower’s or Surviving Civil Partners (Non-Contributory) Pension

Social Insurance Payments

12. Carer’s Benefit

13. One Parent Family Payment

14. Deserted Wife’s Benefit

15. Invalidity pension

16. Incapacity Supplement

17. Occupational Injuries Death Benefit (Orphan’s pension)

18. Occupational Injuries Death Benefit (pension for a widow or widower) 38

19. State Pension (Contributory)

20. Guardian’s Payment (Contributory)

21. Jobseeker’s Benefit (continuous for at least 12 months)*

22. Widow’s, Widower’s or Surviving Civil Partners (Contributory) Pension

23. State Pension (Transition)

Designated Programmes

24. Back to Education Allowance (Second Level and Third Level Options)

25. Back to Work Allowance (Employees)

26. Back to Work Enterprise Allowance

27. Community Employment Scheme

28. Rural Social Scheme

29. Tús Initiative

30. FÁS Training Programmes, including Apprenticeships

31. Part time job incentive scheme*

32. Vocational Training Opportunities Scheme (VTOS)

Others

33. Family Income Supplement (FIS)

34. In receipt of payments under the FIT (Fastrack to IT) initiative equivalent to a social welfare payment;

35. Participants on a training course approved by a Government Department, State Agency or Area Partnership and who were in receipt of an eligible payment prior to progressing to the programme;

36. Grant aided employees in Community Services Programmes (formerly social economy enterprises);

37. In receipt of payments under the Senior Traveller Training Centre programmes.

*Combine periods of Jobseeker’s Allowance and Jobseeker’s Benefit for purposes of meeting 391 days. 39

Schedule 3

Rates of maintenance grant for the financial year 2011

Annual Rates

Non-Adjacent Rate Adjacent Rate Special rate of maintenance 6,100 2,445 Standard rate— 3,120 1,250 Full Maintenance (100%) Standard rate— 2,340 940 Part Maintenance (75%) Standard rate— 1,560 625 Part Maintenance (50%) Standard rate— 780 315 Part Maintenance (25%) 40

Schedule 4

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

Tuition Fee Element In respect of the following Maximum fee limit Full Maximum fee limit Part courses (100%) grant in respect of (50%) grant in respect of tuition fees tuition fees Approved undergraduate 100% of the EU rate of fee 50% of the EU rate of fee courses to which the Free Fees Schemes applies. Approved undergraduate €6,270 €3,135 courses provided in the State to which the Free Fees Schemes does not apply Approved postgraduate €6,270 €3,135 courses provided in the State or Northern Ireland.

Student Contribution Element Rate Full (100%) grant in respect of the student contribution charge €2,000 Part (50%) grant in respect of the student contribution charge €1,000

Field Trips Element [Calculation of value available towards compulsory costs] Maximum Fee Limit: 6,270 Less the tuition fee claimed - x,xxx A student or tuition student from the State by the who would have qualified for institution under the Free 100% tuition fee element of a Fees Schemes: fee grant but for the Free Fees Schemes and was Less Student Contribution: - 2,000 awarded a grant towards the student contribution charge. Equals maximum amount if y,yyy any available towards field trip element € Max Fee Limit Amount: 6,270

Student or tuition student Less EU rate of fee - x,xxx who qualifies for 100% applicable to the Tuition Fee element of a fee course/invoiced to the grant under the scheme of student: grants. Equals the maximum amount y,yyy if any available towards field trip element 41

Schedule 5

Documentary evidence

Documentary evidence for the applicant Birth certificate Course Acceptance Form when the applicant has accepted a place on an approved course. Documentary evidence for an independent student Documentary evidence is required of residence from 1 October of the year preceding the first point of entry or re-entry to an approved course. Generally this would include: • utility bills, such as telephone, gas or electricity; • registration with the Private Residential Tenancies Board; • documentation received, for example, bank statement or correspondence from a government department. Documentary evidence for separation and divorce Evidence of separation or divorce and proof of living separately. This should include one or more of the following: • Separation agreement; • Divorce decree; • Decree of dissolution for a civil partnership; • Evidence from the Department of Social Protection that the applicant is currently in receipt of a payment for a one-parent family situation, such as: • One-parent family payment; • Deserted Wife’s Allowance. • Where there is no legal agreement, a letter from the applicant’s solicitor confirming separation and/or that legal proceedings are pending. • Evidence of living separately Documentary evidence for nationality The documentary evidence should include at least one or more of the following: • a long form Irish birth certificate if the applicant was born on the island of Ireland before 1 January 2005; • a certified1 copy of the applicant’s passport; • a national identity card issued by an EU Member State; • a certificate of naturalisation together with a certified copy of the applicant’s passport or other official documentation; • a foreign births registration certificate together with a certified copy of the applicant’s passport. Documentary evidence for current immigration status • Department of Justice and Equality letters issued to the applicant confirming details of the applicant’s immigration status in the State and/or • Department of Justice and Equality letters issued to the applicant’s family member where the applicant’s immigration status is dependent on the family member’s immigration status in the State; • current Garda National Immigration Bureau (GNIB) Certificate of Registration cards; • certified copy of your passport. Documentary evidence for residency for 3 out of the last 5 years This may be one or more of the following: • evidence that the applicant sat the Junior Certificate and Leaving Certificate exams in Ireland, or equivalent school exams in the EU, EEA or Switzerland; • a letter from a school principal in Ireland, the EU, EEA or Switzerland confirming the applicant’s attendance at a school; • social welfare statements or equivalents from the EU, EEA or Switzerland; • utility bills; • registration with the Private Residential Tenancies Board (PRTB), or equivalent from the EU, EEA or Switzerland; • if the applicant is a non-EEA national, a letter from the Department of Justice and Equality confirming the period of lawful presence in Ireland. Periods of unlawful presence cannot be considered.

1This is a document which has been stamped and signed as being a true copy of the original by a member of the Garda Síochána or a Commissioner of Oaths. The person certifying the copy must provide his or her name, address and telephone number. 42

Documentary evidence for previous courses attended • a letter from a college or institution confirming attendance and/or • a copy of the award received if the applicant completed a course. If the applicant holds a qualification from outside of Ireland, they must have the National Qualifications Authority of Ireland confirm the qualification to the nearest comparable level in Ireland. Documentary evidence for other student financial assistance If the applicant has applied for or been offered student financial assistance or student funding from another awarding or funding body for the 2011/12 academic year, a letter from that awarding or funding body which has the following information must be submitted: • the name of the awarding or funding body, and • a breakdown of the full amount in euro to be awarded, for example, for maintenance, fees and so on. Documentary evidence for legal guardian • Legal court papers Documentary evidence for the applicant’s parents or the spouse, civil partner or cohabitant of an independent mature student. Documentary evidence for separation and divorce Evidence of separation or divorce and proof of living separately. This should include one or more of the following: • Separation agreement; • Divorce decree; • Decree of dissolution for a civil partnership • Evidence from the Department of Social Protection that the relevant person is currently in receipt of a payment for a one —parent family situation, such as: • One-parent family payment • Deserted Wife’s Allowance • Where there is no legal agreement, a letter from the relevant person’s solicitor confirming that separation and/or that legal proceedings are pending. • Evidence of living separately Documentary evidence for dependent children • Letter from a GP or relevant medical body where a dependent child is 16 years or over and is medically certified as permanently unfit for work. Additional information that may be requested: • A letter from the school or institution confirming school attendance in 2010/11. • A birth certificate for each dependent child. Documentary evidence where the applicant plus one or more relevant persons are attending a full-time course as specified in article 18(5) • If the applicant plus one or more relevant persons which includes dependent children, the dependent students parent, or independent student’s spouse, civil partner or cohabitant are attending a full-time course as specified in article 18(5) a letter from the college or institution confirming that the student(s) will be attending full-time in the 2011/12 academic year. Documentary evidence for reckonable income Documentary evidence for income from employment: • P60 for each employment held at the end of the 2010 tax year and which is issued by employer(s); • P21 PAYE Balancing Statement for 2010 which the relevant person can get online at www.revenue.ie or by contacting their local Revenue office; • P45 if the relevant person ceased employment in 2010; • Payslips for the applicant’s earnings from holiday employment outside of term time in 2010; • Income earned in a previous tax year: • a letter from the employer stating the amount earned in 2009 which was paid in the 2010 and was included in the P60/P45 for 2010. The letter must also state any amount earned in 2010 which was not paid in 2010 but was carried over to be paid in 2011. • Non-recurring overtime payments: • a letter from the employer stating the overtime will not recur in the current tax year. It will also be necessary to provide a P60 for both the 2010 and 2009 tax years. Where overtime has been disregarded as reckonable income, all such cases will be re- assessed in the following academic year. • Foreign income: • Documentary evidence for the reference period, 1 January 2010 to 31 December 2010. 43

Documentary evidence for social welfare payments: •astatement from the Department of Social Protection which has the following information: • the name of the person getting the payment, • the type of payment, • the amount the person got in 2010; • whether the payment included a Qualified Adult Allowance and, if so, the amount; • whether the payment included a Child Dependent Increase and, if so, for how many children and the amount for each child, • the date the payments started, • the date the payments stopped, (if applicable).

• If the relevant person is in receipt of a social welfare payment from outside Ireland, they will need to submit the above details from the relevant authority. Documentary evidence for payments from other government departments or state agencies for example, HSE •astatement from each government department or state agency with the following information: • the name of the person getting the payment, • the type of payment, • the amount the person got in 2010, • the date the payments started, • the date the payments stopped, (if applicable). Documentary evidence for self- employment or farming • Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) for each business for the year ending between 1 January 2010 and 31 December 2010. The accounts extracts pages from the applicant’s Return of Income do not satisfy this accounts requirement; • Adjusted Profit Computation for income tax for the 2010 tax year; • Notice of Assessment for 2010 or its foreign equivalent; • If it applies a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state; • If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in Article 22 (1)(d) must be provided; • wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations; • wages or payments to dependent children • wages or payments to non-dependent children where the payment is above the norm for the work undertaken. Documentary evidence for rental income from land and properties: • Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) or statement of rental income for the year ended 31 December 2010. The accounts extracts pages of the applicants Return of Income do not satisfy this accounts requirement; • Adjusted Profit Computation for income tax for the 2010 tax year; • Notice of Assessment for 2010 or its foreign equivalent; • If it applies, a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state; • If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in article 22(1)(d) must be provided; • wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations; • wages or payments to dependent children • wages or payments to non-dependent children where the payment is above the norm for the work undertaken Documentary evidence for a proprietary director or shareholder of a limited company: • the registered name of the company; • the registered number of the company; • the percentage of voting rights that the relevant person controls. As part of the verification process, copies of the audited accounts of these companies may be requested. Documentary evidence for income from pensions other than a Social Welfare State Pension: • a letter from the relevant persons employer(s) or the body/bodies administering the pension; • P60(s) confirming the gross amount you received in 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. 44

Documentary evidence for savings, deposit accounts or investments: • Statements of the interest/dividends paid from the financial institution or other provider, for example, bank, building society, post office or credit union etc covering the period 1 January 2010 to 31 December 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Documentary evidence for income from a maintenance arrangement: • Maintenance agreement stating the amount of maintenance received each month; • P21 Balancing Statement or Notice of Assessment for 2010; • Evidence of maintenance payments as well as evidence of any bills, mortgages, rent, tuition or any other such payments made as part of the maintenance arrangement. Documentary evidence for a lump sum payment on retirement: • a letter from the relevant persons employer or the body administering their pension stating: • date of retirement; • the gross amount of the lump sum; • the number of years of pensionable service or the number of years of contributions; • the gross annual pension. Documentary evidence for a lump sum payment on redundancy: • a letter from the relevant persons employer stating: • the date of cessation of employment or redundancy; • the gross amount of the lump sum; • the number of years of service with the employer. Documentary evidence for the disposal of an asset and right: • A completed Disposal of Assets and Rights Table; • Capital Gains Tax Computation for 2010; Documentary evidence for the realisation of a life assurance policy: • A letter from the financial institution stating: • the amount received on realisation; • the Irish tax deducted; • the amount(s) paid in premium(s); • the date the first premium was paid. Documentary evidence for gifts or inheritances: • a completed Gifts and Inheritances Table • a letter from the executor/donor; • Capital Acquisitions Tax Return, if applicable. Documentary evidence for any other income not mentioned above: Evidence from the appropriate person or body showing • the gross income or the gross amount received in 2010; • the source of the income; • a full description of the income. If the relevant person received income from woodlands in 2010, a completed Woodlands Table must be submitted. Documentary evidence for legally enforceable maintenance payments • A copy of the separation or divorce agreement; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Supporting documents for the actual payments, for example, bank statements may also be requested. Documentary evidence for pension contributions towards retirement: • a letter from the financial institution or agency that provides the retirement product outlining the contributions made directly by the relevant person in 2010 or for public service pension levy, the Pension-Related Deduction End of Year Certificate for 2010; • P21 PAYE Balancing Statement or Notice of Assessment for 2010. Documentary evidence for changes in circumstances: • a completed application form for 2011/12 together with all of the required documentary evidence necessary in support of the application and • documentary evidence to show the change of circumstances that has occurred (i.e. if the change is in relation to reckonable income you will need to provide documentary evidence to show that the income between January 2011 and the end of the academic year 2011/12 has fallen and that the fall in income is likely to continue for the duration of the approved course, if the change is in relation to the number of dependent children you will need to provide a copy of the additional child’s birth certificate, if it is in relation to the number of relevant persons attending a full-time course as outlined in article 18(5) you will need to provide a letter from the college or institution confirming that the student(s) will be attending full-time in 2011/12 etc.). 45

The Minister for Finance consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, 2011.

—————————————— Minister for Finance.

GIVEN under my Official Seal, 2011.

—————————————— Minister for Education and Skills. 46

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Scheme of Grant is made pursuant to powers conferred on the Minister for Education and Skills under the Student Support Act 2011.

This Scheme may be cited as the Student Grant Scheme 2011. 47

BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó tríd an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO, (Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843) nó trí aon díoltóir leabhar.

——————

DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO, (Tel: 01 - 6476834 or 1890 213434; Fax: 094 - 9378964 or 01 - 6476843) or through any bookseller.

——————

€8.89 (Provisional Price)

Wt. (B28534). 285. m/yy. Cahill. Gr.30-15.

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

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

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

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

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

40 Ward, Barry √ Total: 22 4

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

C/705/11 Cathaoirleach's Business: Councillor J. Bailey

An Cathaoirleach, Councillor John Bailey informed the Members of his intention to convene a Special Meeting of the County Council on Monday, 5th September 2011 from 7.00 p.m. until 8.00 p.m. in the Council Chamber. This meeting will be convened to provide an opportunity for all potential Presidential candidates who have contacted the Council and requested to make a presentation. Each potential candidate will be given ten minutes to make their presentation to the Council.

C/706/11 Monthly Financial Report

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

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL REVENUE ACCOUNT FINANCIAL REPORT 4th JULY 2011

PERIOD: 01/01/2011 - 31/05/2011 5 41.67%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 13,258,117 31,880,100 41.59 B Road Transportation & Safety 11,278,876 26,556,300 42.47 C Water Services 13,263,487 32,471,200 40.85 D Development Management 4,917,227 13,169,400 37.34 E Environmental Services 13,507,151 34,710,400 38.91 F Recreation & Amenity 10,327,538 25,891,100 39.89 G Agriculture, Education, ------Health & Welfare 3,673,280 7,766,200 47.30 H Miscellaneous Services 9,065,064 22,525,600 40.24 TOTAL: 79,290,740 194,970,300 40.67

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 10,293,414 26,554,600 38.76 B Road Transportation & Safety 3,059,549 10,214,600 29.95 C Water Services 3,544,803 8,905,900 39.80 D Development Management 598,413 2,001,800 29.89

41 E Environmental Services 3,888,634 8,318,500 46.75 F Recreation & Amenity 1,710,476 5,023,400 34.05 G Agriculture, Education, ------Health & Welfare 3,303,326 6,513,500 50.72 H Miscellaneous Services 2,267,825 5,538,900 40.94 SUB TOTAL: 28,666,440 73,071,200 39.23 Commercial Rates 37,041,292 88,899,100 41.67 Local Government Fund 13,125,000 31,500,000 41.67 Provision for credit balance 625,000 1,500,000 41.67 TOTAL INCOME: 79,457,731 194,970,300 40.75

SURPLUS at 31/05/2011 166,992

Helena Cunningham, A/Head of Finance 20/06/2011”

The report of the Manager was NOTED.

C/707/11 Unsold affordable Housing Units

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

“At the 31st December 2010 the Council had 151 unsold affordable housing units on hand. To date 15 units have been sold in 2011 and a further 20 are at various stages in the sales process. Due to the current economic climate and the difficulties being experienced by applicants on the affordable housing list in obtaining mortgage approval, 29 of these units are being transferred for lease under the Rental Accommodation Scheme for a period of 5 years, following confirmation from the Department that funding will be available. The 29 units are located at The Belfry, Belarmine, Kingston Hall and Beacon South Quarter. At the end of the 5-year period it is proposed that the situation will be reviewed, at which time consideration will be given to making the units available for sale to affordable applicants.

In relation to the remainder of the units at Belarmine (7) and The Belfry (27) it is proposed, subject to the agreement of the Department of the Environment, Community & Local Government, that a Rent to Buy option will be given to affordable housing applicants, to lease the units for a period of 3 years at a fixed rent. The unit may be purchased at any time during the 3-year period at a price which is 15% below current market value. 80% of the rent paid will be offset against the cost of the unit. Purchasers may avail of the Council’s House Purchase Loan or Private Finance to purchase the unit. This is considered to be a very attractive option for affordable purchasers who now find it impossible to obtain mortgage approval due to the level of deposit required. The criteria for consideration under the scheme are the same as for the Council’s Affordable Scheme. Generally, applicants must be in full time employment, be first time buyers, although certain exemptions apply. The income limit for a single person would be generally under €50,000 and under €70,000 for 2 people in the previous tax year. They must be in a position to obtain loan approval for the affordable sale price. If this scheme is successful, consideration will be given to including other units in the scheme.

In the meantime, valuations have been revised and all the other unsold units remain available for sale under the affordable housing scheme.

This report is submitted for the information of Members.”

42

A discussion took place, during which Mr. C. Mac Namara, Director of Housing responded to Members queries. The report was NOTED. It was AGREED to compile a list of unsold properties to be circulated to Councillors. It was also AGREED to hold a Housing Seminar for the Elected Members.

C/708/11 Draft Goatstown Local Area Plan

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

1. Background to Goatstown Local Area Plan

The County Council committed itself to the preparation of a Local Area Plan for Goatstown on foot of the inclusion of such an objective in the 2004 – 2010 County Development Plan. This objective was proposed and agreed by the elected representatives as part of the Development Plan-making process.

Section 3.2.8 of the County Development Plan 2004-2010 stated: ‘A Local Area Plan will be prepared for the Goatstown area and development will only be permitted in this area as necessary infrastructure becomes available’.

On foot of this objective, work subsequently commenced in late 2008 on a Pre-Draft public consultation exercise as the precursor to the preparation of a Local Area Plan for Goatstown.

2. Pre-Draft Public Consultation

A Pre-draft public consultation exercise was carried out in November and December 2008 – including a number of public open days held in Taney Parish Hall.

Sixty-seven submissions were received in response to that public consultation process – the vast majority of which were from local residents. A broad range of issues was raised. Traffic was the predominant issue raised in the majority of submissions. Other issues identified included public transport, the Dublin Eastern Bypass reservation, the very limited extent of the proposed Plan area, open space provision, local facilities and services, building height, urban design, density and built heritage. A Manager’s Report summarising the issues raised and setting out a series of considered responses and recommendations was subsequently prepared to help inform the preparation of the Draft Plan. It is proposed that the Manager’s Report be included as an Appendix to the Draft LAP.

3. Plan Area

The Plan area originally identified for the Pre-Draft public consultation focused almost exclusively on Goatstown Crossroads. A significant number of the submissions received requested that the Plan boundary be extended to include a considerably larger spatial area than originally proposed. In response to these submissions, the Plan boundary has been significantly expanded. The Plan area now incorporates the predominantly residential areas of Knocknashee, Birchfield, Taney, Larchfield, Hollywood, Farmhill, Willowfield and Goatstown Close. The Plan area also includes the small neighbourhood centres at Willowfield and Larchfield, the substantial campus of Mount Anville School, the grounds of Taney Church and Parish Centre and significant potential development lands at Knockrabo.

4. Key Issues & Context

43

The Plan area is a mature suburban area with very limited realistic opportunities for development or redevelopment. The urban form and layout is already substantially in place and well established. The area is almost exclusively residential and characterised by 1960s / 1970s estate layouts where two-storey, semi-detached house types predominates. The area experiences substantial extraneous through traffic volumes as Goatstown is located at a confluence of a number of major radial and orbital routes passing through the County. The area lacks any real sense of place and identity. This is partly due to the absence of a clearly defined village centre and any sort of identifiable streetscape. The reservation for the Dublin Eastern Bypass, which is located immediately to the east of the crossroads, has resulted in a significant portion of land in the Goatstown area being sterilised for over 30 years. This long standing sterilisation, and continuing uncertainty in relation to the future of the Bypass, undoubtedly impacts negatively on Goatstown and the wider area. The proposed BlueLine BRT traverses the Plan area. Delivery of this project would have a positive impact on the Goatstown area.

5. LAP Content

The Draft Plan comprises of 6 Sections.

Section 1 – Introduction – addresses what is a Local Area Plan, the purpose of this Plan, provides a description of the Plan area and includes some details on the outcome of the Pre-draft consultation process.

Section 2 – Context – provides a description of the local context, the historical development of the area and details on the specific policies and zoning provisions contained in the County Development Plan 2010-2016 that are of relevance to the Plan area.

Section 3 – Development Policy – sets out a series of development guidance objectives for particular uses including residential development, neighbourhood centres, community and social infrastructure, open space and architectural heritage and conservation.

Section 4 – Urban Design – sets out policies that are intended to ensure that any new development (or redevelopment) within the Plan area positively enhances Goatstown’s identity and seeks to establish a stronger sense of place than currently exists.

Section 5 – Movement – provides policies relating to movement both within and through the Plan area and includes further detail in relation to the Eastern Bypass and the BlueLine BRT.

Section 6 – Site Framework Strategies – identifies the five sites in the Plan area that have development or redevelopment potential and includes specific criteria and parameters to help guide and influence the development of these sites. The five sites identified are – ‘The Goat’ Public House and adjacent lands, Topaz Garage and the adjoining retail units, the two Knockrabo sites, the former Victor Motors site and the grounds of the former Irish Glass Bottles sports club.

Appendices – The Appendices will include a Strategic Environmental Assessment Screening Report and an Appropriate Assessment Screening Report. Both screening assessments concluded that SEA and AA were not required.

44 6. Next Steps

It is intended to initiate the statutory timeframe for the Draft Goatstown Local Area Plan in September. The proposed timeframe is outlined below: Consultation with Environmental Authorities – 4 weeks (20th July – 17th August) Draft LAP Display – 6 weeks (7th September – 18th October 2011) Manager’s Report on submissions to be prepared within 6 weeks and issued to Elected Representatives (19th October – 29th November 2011) Elected Representatives have 6 weeks to consider Manager’s Report (30th November – 19th January 2011) Local Area Plan and Manager’s Report presented at the January Council Meeting

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

The report of the Manager was NOTED.

C/709/11 Proposed Variation No. 6.1 and 6.2 of the Dún Laoghaire-Rathdown County Development Plan 2010 - 2016

6.1 Sandycove, Architectural Conservation Area 6.2 Silchester Road, Architectural Conservation Area

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

“The County Development Plan 2010-2016 made a commitment to establish Architectural Conservation Areas (ACA’s) during the lifetime of the Plan. All existing Candidate ACA’s are to be assessed to determine if they meet the requirements and criteria for re-designation as ACA’s.

It is now proposed to proceed to designate Sandycove and Silchester Road as Architectural Conservation Areas in accordance with Section 11.3.10: Policy AR8: Architectural Conservation Areas of the Dún Laoghaire-Rathdown County Development Plan 2010-2016 and Section 81 of the Planning and Development Act, 2000 (as amended).

A Draft statement of character has been prepared together with proposed changes to the boundaries of the areas. The aim of the documents are to identify the special character of Sandycove and Silchester Road and to set out the conservation and planning polices to protect their special characters, which will guide future developments in the Architectural Conservation Areas.

It is proposed to put the variations on public display in September 2011. These proposed variations will be presented to the Dun Laoghaire Area Committee at a meeting on the 29th of June 2011.

It is now proposed to commence the statutory variation process in accordance with the provisions of the Planning and Development Act 2000 (as amended).

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

It was NOTED that Councillor J. Dillon Byrne wished to be excluded from taking part in the decision for this item as she lives on Silchester Road. Councillor Dillon Byrne left the Chamber until the conclusion of this item.

45

The report of the Manager was NOTED.

C/710/11 Minutes of the Organisation, Procedure and Protocol Committee held on 18th May 2011

The following minutes of the Organisation, Procedure and Protocol Committee meeting held on 18th May 2011, copy of which had been circulated to the Members, were CONSIDERED and NOTED:

“DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the Organisation, Procedure and Protocol Committee Meeting held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Wednesday, 18 May 2011 at 3.30 pm

PRESENT:

Councillors: Councillors:

Baker, Marie Marren, Donal Bhreathnach, Niamh McCarthy, Lettie Boyhan, Victor O'Callaghan, Denis Horkan, Gerry Saul, Barry Humphreys, Richard Ward, Barry

An Cathaoirleach, Councillor L. McCarthy presided as Chairperson.

Apologies were received from Councillor Pat Hand, Tom Joyce, Hugh Lewis, Gearóid O'Keeffe and Carrie Smyth.

OFFICIALS PRESENT

Tony Pluck (Director of Corporate Services & IT), Bernie Gilligan (Senior Executive Officer Corporate Services & I.T.), Austin Baines (Senior Executive Officer Corporate Services & I.T.), Ian Smalley (Administrative Officer, Corporate Services & I.T.) and Pamela Graydon (Senior Staff Officer Corporate Services & I.T.)

OP/26/11 Minutes of Previous Meeting

Minutes of Organisation, Procedure and Protocol Committee Meeting held on 30th March 2011

It was proposed by Councillor N. Bhreathnach, seconded by Councillor V. Boyhan and RESOLVED:

“That the minutes of the Organisation, Procedure and Protocol Committee meeting held on 30 March 2011 be ADOPTED and APPROVED.”

OP/27/11 Manager's Business

46 (a) Conference and Seminar Organisers Report

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

Conference Expenses from 1st January 2010 - 12th May 2011

Conf Ref Date Conference Conference Location DLR Cllrs Total Conf Total Total Total Total Cost Public Details Organiser Attended Fee Travel & Flights Accom Comp Sub 06/10 22nd - Elected Esperanza Galway 3 € 630.00 € 803.82 € 1,433.82 24th Jan Member's Enterprises 2010 Training Seminar: Waste Management and the Law 02/10 29th - Planning TJK Limerick 4 € 600.00 € € 1,939.16 30th Jan Seminar for Conferences 1,339.16 2010 Councillors 21/10 29th - 31st Cumann Cumann Galway 1 € 60.00 € 0.00 € 60.00 √ Jan 2010 Merriman Merriman Winter School Teoranta 2010 22/10 4th - 5th Mid-West Mid- West Limerick 1 € 180.00 € 295.14 € 475.14 √ Feb 2010 Regional Regional Authority - Authority 16th Annual conference 'Environment al Designations - Barriers or Opportunities ?' 19/10 16th - Elected Esperanza Galway 1 € 220.00 € 0.00 € 220.00 18th Feb Member's Enterprises 2010 Training Seminar: Managing Stress and Promoting Positive Mental Health 20/10 19th - 21st Elected Esperanza Mayo 1 € 220.00 € 544.32 € 764.32 Feb 2010 Member's Enterprises Training Seminar: Change Management in Local Government 15/10 26th - 21st Colmcille Colmcille Donegal 1 € 195.00 € 495.11 € 690.11 √ 28th Feb Winter Heritage Trust 2010 School: 'The Role of Small Enterprises in Overcoming the Recession' 10/10 26th - Councillor's Superior Waterford 3 € 375.00 € € 1,396.53 28th Feb Training Training 1,021.53 2010 Seminar: The Councillor, Communicati ons and Local Government 30/10 4th - 5th ACCC Annual Association of Tipperary 2 € 300.00 € 612.17 € 912.17 √ March Conference County and 2010 2010: City Councils 'Rebuilding confidence in urban and rural communities' 07/10 4th - 7th 18th Annual Rattoo Kerry 1 € 265.00 € 660.16 € 925.16 √ March Kerry Heritage 2010 Environmenta Society l Recognition Conference 38/10 12th - Training Superior Wexford 3 € 525.00 € 932.09 € 1,457.09 14th March Seminar for Training 2010 Councillors: Public Liability Health & Safety issues in Local Government

47

42/10 25th - Listowel Kerry Literary Kerry 2 € 200.00 € € 1,242.57 √ 27th March Conference & Cultural 1,042.57 2010 2010 - Centre Exploring Arts & Culture through Town 51/10 26th - National Tidy Louth Tidy Louth 1 € 130.00 € 213.70 € 343.70 √ 27th March Towns Towns 2010 Conference Together 2010 33/10 9th - 10th LAMA 2010 Sligo County Sligo 2 € 390.00 € 445.56 € 835.56 √ April 2010 Annual Council Conference: Councillors Role in Changing Climate 45/10 13th April International Centre for Brussels 1 € 345.00 € 178.50 € € 99.00 € 782.47 √ 2010 Symposium - Parliamentary 159.97 'Working Studies, Public Towards a Policy Holistic Policy Exchange Against Illicit Drug Trafficking and Misuse in Europe 46/10 16th April BMW Border, Cavan 2 € 200.00 € 316.48 € 516.48 √ 2010 Regional Midland & Assembly Western Annual Regional Conference Assembly 2010 - Promoting Growth and Jobs in Ireland's Regions 47/10 16th - Elected Esperanza Kerry 2 € 300.00 € € 1,415.48 18th April Member's Enterprises 1,115.48 2010 Training Seminar: Banking, Insurance and NAMA - The effect on Local Government 58/10 23rd - Inclusion Inclusion Kerry 1 € 100.00 € 521.35 € 621.35 √ 24th April Ireland AGM Ireland 2010 & Annual Conference 2010 48/10 23rd - Conference Michael Galway 1 € 225.00 € 386.71 € 611.71 25th April for Noonan, TGR 2010 Councillors - Seminars key strategies for greater success in a challenging economic climate 50/10 23rd - Elected Esperanza Galway 1 € 170.00 € 453.01 € 623.01 25th April Member's Enterprises 2010 Training Seminar: New EPA Guidelines for Single Houses Their implications to Local Government 59/10 7th - 8th 'Head - Shops Kadenza Louth 1 € 175.00 € 0.00 € 175.00 May 2010 - Legal Highs' Consultancies Ltd 27/10 11th May Dundalk Dundalk Louth 1 € 150.00 € 147.72 € 297.72 √ 2010 Chamber of Chamber of Commerce: Commerce Business Investment District Scheme Conference 56/10 14th - Business 4U.IE Kildare 6 € 500.00 € € 1,686.79 16th May Investments', 1,186.79 2010 Money, Business, Investments, Planning, Tax and more!

48

69/10 20th May South East South East Waterford 1 € 0.00 € 273.89 € 273.89 √ 2010 Regional Regional Authority/Eur Authority opean Maritime Day 2010 Conference - Sustainable Estuarial Regions 67/10 21st - 23rd Elected Esperanza Galway 3 € 450.00 € € 1,847.60 May 2010 Member's Enterprises 1,397.60 Training Seminar: The Cost of Insurance and Claims on your Local Authority- What can we do to minimise? 66/10 28th May Southern & Southern & Cork 6 € 0.00 € € 2,105.76 √ 2010 Eastern Eastern 2,105.76 Regional Regional Assembly Assembly Annual Conference 53/10 28th - Defamation TJK Limerick 1 € 120.00 € 302.48 € 422.48 29th May Seminar for Conferences 2010 Councillors 76/10 3rd June TCPA Town & London 1 € 356.82 € 0.00 € € 832.70 √ 2010 Summer Country 475.88 Conference & Planning FJO Lecture Association 70/10 3rd - 10th La Recontre Les Rencontres Turkey 2 € 550.00 € 324.50 € € € 2,101.78 √ June 2010 d'Istanbul 627.28 600.00 83/10 17th June SEAI - Bio SEAI Kerry 3 € 210.00 € € 1,384.87 2010 energy 2010 1,174.87 82/10 24th - Carlow 8th Carlow Carlow € 340.00 € 583.36 € 923.36 26th June National Tourism 2010 Tourism Conference : Tourism - The way forward 89/10 3rd - 10th 15th Annual Ballaghaderree Roscommon € 50.00 € 0.00 € 50.00 July 2010 Dr. Douglas n & Districts Hyde Development Summer Ltd School 94/10 16th - Elected Esperanza Kildare 1 € 170.00 € 214.25 € 384.25 18th July Members Enterprises 2010 Training Seminary, Housing (Misc. Provisions) Act 2009 104/10 18th - 30th Annual MacGill Donegal 1 € 150.00 € 704.19 € 854.19 24th July MacGill Summer 2010 Summer School School & Arts Week 98/10 30th July - The Need for Esperanza Galway 1 € 170.00 € 403.95 € 573.95 1st Aug Urgent Local Enterprises 2010 Authority & Health Service Reform 100/10 20th - Elected Esperanza Galway 1 € 170.00 € 426.36 € 596.36 22nd Aug Members Enterprises 2010 Training Seminar 'Waste Management Regulations, Tyres & Waste Tyres Prohibition of Waste Disposal by burning'

49

101/10 27th - Elected Esperanza Mayo 1 € 170.00 € 434.93 € 604.93 29th Aug Members Enterprises 2010 Training Seminar 'Water Conservation, Impact of the new EPA Guidelines on Planning Applications - Are we at risk?' 113/10 3rd - 5th Professional Michael Kildare 1 € 195.00 € 238.57 € 433.57 Sep 2010 Development Noonan, TGR Conference Seminars for Councillors: Computer and IT Development Skills for Councillors; A Business Perspective 115/10 20th Sep Seminar on Cork City Cork 2 € 0.00 € 636.02 € 636.02 2010 EU Projects Council Promoting Sustainable Travel 107/10 23rd Sep Water CMG Events Dublin 1 € 417.45 € 0.00 € 417.45 2010 Metering Conference 2010 122/10 24th - Ceiluradh an Ceiluradh an Kerry 3 € 120.00 € € 1,945.69 26th Sep bhlascaoid bhlascaoid 1,825.69 2010 2010 125/10 1st - 3rd 'Report of the Kadenza Wexford 3 € 365.00 € 952.54 € 1,317.54 Oct 2010 Local Consultancies Government Ltd Efficiency Review Group' seminar 123/10 1st - 3rd La Touche Greystones Wicklow 2 € 465.00 € 406.76 € 871.76 √ Oct 2010 Legacy Town Council Seminar 2010 124/10 8th - 9th LAMA Autumn Kerry County Kerry 7 € € € 4,411.48 √ Oct 2010 Seminar Council 1,120.00 3,291.48 127/10 15th - Douglas Hyde Douglas Hyde Roscommon 5 € 500.00 € € 2,288.71 16th Oct Conference Conference 1,788.71 2010 2010 145/10 20th Oct Local Co operation Monaghan 3 € 0.00 € 517.62 € 517.62 2010 Government Ireland and Active Citizenship, Combating Poverty and Social Exclusion 2010 62/10 21st - 23rd World Green World Green Philadelphia 0 € 0.00 € 0.00 € € 675.68 Oct 2010 Energy Energy 675.68 Symposium Symposium 135/10 22nd - Facebook for Michael Kerry 1 € 195.00 € 577.13 € 772.13 24th Oct Councillors; A Noonan, TGR 2010 Business Seminars Perspective 118/10 29th - 31st Elected Esperanza Galway 1 € 170.00 € 390.19 € 560.19 Oct 2010 Member's Enterprises Training Seminar: Criminal Law (Defence and Dwelling ) Bill 2010, Insurance Issues for Home and Business' 133/10 11th - National Clonmel Tipperary 3 € 450.00 € 904.34 € 1,354.34 12th Nov Enterprise Chamber of 2010 Conference Commerce 137/10 18th - ICSH Finance Irish Council Kilkenny 1 € 170.00 € 240.28 € 410.28 19th Nov Seminar 2010 - for Social 2010 'Financial Housing Management in a Changing Environment'

50

149/10 21st - 23rd Local Kadenza Donegal 3 € 435.00 € € 1,867.61 Nov 2010 Governance Consultancie 1,432.61 Training s Ltd Seminar: 'Council Budgets 2011' 155/10 24th Nov The 8th The Sunday Dublin € 240.79 € 0.00 € 240.79 2010 National Waste Business Summit Post 128/10 25th - A National Clare Tourist Clare € € € 3,925.81 27th Nov Tourism Council 1,374.00 2,551.81 2010 Conference 161/10 10th - Councillor's Superior Wexford 3 € 510.00 € 624.00 € 1,134.00 12th Dec Training Training 2010 Seminar: The Local Government Budget 2011 160/10 17th - Elected Esperanza Kerry 5 € 850.00 € € 3,463.53 19th Dec Member's Enterprises 2,613.53 2010 Training Seminar: Building Regulations, Renewable Energy Requirement, Home Insurance 03/11 28th - The Role of TJK Limerick 2 € 240.00 € 284.31 € 524.31 29th Jan State Conferences 2011 Institutions & Law Reform in Promoting Ireland's Economic Future 06/11 11th - AMAI Spring AMAI Cork 5 € € € 2,435.87 12th Feb Seminar 2011 1,000.00 1,435.87 2011 25/11 3rd - 5th Carlow 9th Carlow Carlow 2 € 300.00 € 602.66 € 902.66 March National Tourism 2011 Tourism Conference : A River Runs Through It 30/11 4th March County Mayor's Cork County Cork 3 € 150.00 € 392.96 € 542.96 2011 Conference Council 'Ireland's Energy Opportunity: Cork's Response' 21/11 18th - Professional Michael Louth 2 € 290.00 € 715.70 € 1,005.70 20th March Development Noonan, 2011 Conference for TGR Councillors: Seminars Effective Time and Priority Management; A proven practical approach to achieving maximum productivity 10/11 24th - ACCC Annual ACCC Offaly 5 € 625.00 € 781.86 € 1,406.86 25th March Conference 2011 2011: 'Rebuilding confidence in urban and rural communities' 46/11 26th March Executive School of Galway 1 € 0.00 € 342.51 € 342.51 2011 Accountability & Law, NUI Parliamentary Galway Democracy' 35/11 1st April Nuclear Free Newry & Down 2 € 0.00 € 151.31 € 151.31 √ 2011 Local Mourne Authorities District Ireland Council & All Seminar: Key Ireland nuclear policy Nuclear Free issues for Irish Local Local Authorities Authorities in Forum 2011

51

16/11 7th - 10th Rattoo Heritage Rattoo Kerry 4 € 600.00 € € 1,851.96 April 2010 Society's 20th Heritage 1,251.96 Annual Kerry Society Environmental Conference & Training Seminar for Elected Members 48/11 8th April Good IPA Dublin 1 € 245.00 € 0.00 € 245.00 √ 2011 Governance - Setting the tone from the top 27/11 11th & Regional Department Dublin 2 € 0.00 € 175.56 € 175.56 √ 15th April Seminar for of the & Athlone 2011 Councillors on Environment the Planning & , Heritage & Development Local (Amendment) Government Act 2010 40/11 29th - LAMA Spring Louth Louth 2 € 380.00 € 531.06 € 911.06 √ 30th April Seminar County 2011 Council

TOTAL COST OF CONFERENCES € 70,121.42

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

The report of the Manager was NOTED. It was AGREED that Councillors would submit a report to Corporate Services on return from attendance at any Conferences/Seminars in accordance with Section 142 (5) of the Local Government Act 2001. Corporate Services will compose a report template for Councillors to facilitate this new process.

OP/28/11 Cathaoirleach's Business: Councillor L. McCarthy

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

OP/29/11 Document Pack for Meetings

It was proposed by Councillor B. Ward and seconded by Councillor B. Saul:

“That the complete agenda for any given meeting be provided to the relevant Members at least 7 days in advance of the meeting to which that agenda applies, and where, in exceptional circumstances, such is not possible, that the missing elements of the agenda be furnished as soon as they become available, and not at the meeting itself.”

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

“Due to increased pressure on staff to meet deadlines, a review of the timeframes for the submission of business for the Council and Area Committee Meetings was drawn up by the Manager and Management Team and circulated to Members on 12 November, 2010.

From the Councillors’ point of view, this involved moving the closing date for submission of business back to 10 days before the meeting to enable reports on Headed Items to be circulated with the agenda and to give sufficient time for Departments to work on the questions and motions submitted by Members. Staff were similarly issued with deadlines which have to be strictly adhered to and the intention is that the new timeframes will facilitate the circulation of the document pack on the morning of the meeting.

52 The document pack is signed off by the Manager and Management Team. It is not feasible to have individual items signed off as they are submitted, which would be required if this proposal were to be complied with.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries.

The report of the Manager was AGREED.

OP/30/11 Replace Councillors Existing Phones

It was proposed by Councillor N. Bhreathnach and seconded by Councillor R. Humphreys:

“That the Manager provide Dún Laoghaire Rathdown County Councillors with Smart phones such as an iPhone, or HTC, in replace of existing phones, to allow Councillors to receive email while away from their desks, and that the Council also set up a gmail account for each Councillor in replace of the existing Outlook system.”

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

“There are 3 elements to the proposal:

1. Provision of Smart Phones Councillors have been provided with a mobile phone and a laptop computer to which their emails are directed. Smartphone technology is significantly more expensive to purchase and support e.g. €450 approx purchase price of a 32 GB iphone plus monthly Internet access charges . There is no provision in the budget for this additional expenditure.

In the event of an individual Councillor wishing to purchase a Smart phone on a personal basis, this can be facilitated under circular LG 33/06. In this situation the Smart Phone will be added to the Corporate Account so you can avail of the cheaper voice call tariffs.

Note:  Councillors are not permitted to install Smart phone applications like Itunes, Iapps etc on their Council Laptops as per the IT policy signed by the Councillors when they received their laptops. The reason for this is that some Iapps present a potential risk to IT security on the DLR IT infrastructure. Any Smart Phone app or software should be installed on the Councillor’s own personal PC or Laptop.  Smart Phones can incur extra costs if the allowed bandwidth for data (email/web) is exceeded  The current Nokia 6303ci phones issued to Councillors are capable of using Google email but this does incur an extra €10 a month charge

2. Email on Smart Phones While it is technically possible to have the Councillors email set up to be received on the Smart Phone we would point out the following  Setting up email on the Smart phone may involve taking the Councillors laptop for a day or two to configure the email  The Councils support company is not contracted to support Smart Phones. You will need to deal directly with Vodafone for support.

53  Some Smart phones and Users have had difficulties in keeping their Smart phone email and laptop email in sync and there is an extra element of email management for the user to do this.

3. Moving from Outlook to Gmail Gmail and Outlook are probably the most popular email systems in the world today.

It was agreed at the last OP&P meeting that the Councillors as a group would not change their email addresses but on an individual basis, Councillors can request the Corporate Services and ITC Dept to setup their Outlook program to forward all emails to their own personal Gmail accounts.

Changing the Councillors email permanently from Outlook to Gmail would involve a lot of work and initial setup costs.

If Councillors want to maintain the same email address when solely using Gmail, all the Councillors will have to move as one group to Gmail, so a full consensus of Councillors would be needed

We would also be concerned that some Councillors would not be happy with Gmail and some would have a preference for Outlook. For some people, when moving to Gmail, it can be a big change as it looks and handles emails differently

These are some of the differences between the 2 email systems 1. Outlook uses folders versus Gmail which uses Labels. With Outlook, every email can be put into a folder for archiving purposes. With Gmail, you attach one or more label (like a tag) to a particular email, but they are archived all in one big lump.

2. Gmail lends itself to social networking. You can upload your entire Gmail contact list into Facebook or Twitter or whatever and search for friends.

3. Gmail consolidates email strings (Google calls them conversations) into a single, expandable email, and displays the number of individual emails contained in the conversation. With Outlook, each email stands on its own, so while you have duplications in your inbox, it’s always clear what you’re looking at when you open an email. With Gmail’s conversations, it can take a while to figure out how to expand and contract the display, and it’s not clear how to delete one email within a conversation as opposed to the whole thing.

4. Manipulating Microsoft Office files is easier in Outlook than in Gmail . In Outlook you can open a Word Document and instantly send it to an email recipient. You can’t do that in Gmail. When you receive an Office document in Gmail, you have the option of downloading it or viewing it as an HTML page. Downloading takes a bit of extra time. In Outlook, it’s easy to view a document, close it, and just let it sit with the email forever. In Gmail once you have gone to the trouble to download it, you have to save it somewhere

5. Adding and updating contacts is easy in both Gmail and Outlook. However Outlook gives you more fields of information to store.

6. With Outlook, you can set up multiple signatures. With Gmail, it appears you are limited to one.

54

However individual Councillors can set up their own Gmail email accounts themselves but they will not be able to use their current email address unless all Councillors move together, as outlined earlier.

We must point out that changing an email address is a major undertaking and would involve

 Change of email address notification-Emailing/contacting all of your contacts and notify them of the new email address.  Arrange for email to your old address to be automatically forwarded to the new email address for a suitable period (3-6 months) before expiring the old address.  Monitor your email on both email accounts over the months and see who is still using the old address and notify them again. You may want to consider a message rule that flags the message perhaps by highlighting them with a different colour  Risk of customer frustration if they are using an old email address  Additional costs involved in setting up new email addresses and getting Alpha Computing to move email boxes to new addresses  Laptops would need to be taken from Councillors for a few days to do this work  It will be time consuming for the Councillor because firstly, all the people whom you know will have to be informed of the change;  There is a risk you’ll lose some information including email messages and contacts data;  You may face horrendous problems if you've used that email address as the username or as the primary contact address at other services.  Changing all your business cards, publications and stationery that have your email addresses.

Also, nowadays people do not need to type or know an email address, as frequently as they did in the past because the email address is automatically picked up when replying to the email or using the email address from a website or from an electronic business card

Because the benefits of changing the email address do not appear to outweigh the extent of the work, cost and the potential disruption to Councillors involved, we would strongly recommend not changing the current email addresses.

New Outlook Email Service The Council will be in a position shortly to offer Councillors a new Outlook service.

This service will offer the following features 1. Email, Calendaring, Tasks, Out-of-office and user customiseable rules. 2. You will be able to retrieve your e-mail using their own e-mail client. You will have the option of retrieving your mail on your Outlook client, mobile device or from any web browser. 3. E-mail, calendaring and tasks can be synchronised between user's Outlook client and they're mobile device e.g their iphone. 4. Current mailbox quota is appprox 500MB, New mailbox quota is 25GB 5. Out of office and custom server based rules can only be applied 6. User's can also access their e-mail from an internet browser using Outlook Web Access (OWA) 7. Outlook supports read and delivery receipts

55

If Councillors wish to avail of the new Outlook service, when available they will need to contact Alpha Computers to arrange to have the work done which will take approx ½ a day.

In summary, increased costs and technical and support issues, preclude a complete move away from Outlook of all Councillors email to the Gmail system, although as stated earlier, they can request Corporate Services and IT Dept to set up their Outlook email to forward all emails to a personal Gmail account. A new outlook service will be available shortly which may of interest to Councillors ( the features are outlined earlier in the report)

Also, if any Councillor, on a personal basis, wishes to purchase a Smart Phone for Corporate voice and Personal email/web access Corporate Services can under circular LG 33/06, facilitate this.”

A discussion took place. It was AGREED that Cllr. Bhreathnach would represent the Councillors in discussions with the Corporate Services and I.T. Department regarding smart phones and a report would come back to a future meeting of the Organisation, Procedure and Protocol Committee.

OP/31/11 Presentations to Council

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

“That the Manager be directed to ensure that as far as practicable, presentations, updates and PowerPoint talks are all given at area committee or SPC level and not at the full Council, except in exceptional circumstances. No person who is not an official of the Council will be invited to give a presentation to the full Council without the express invitation of the OP&P Committee.”

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

“Presentations, updates and PowerPoint talks that are area specific or related to policy are currently made at the relevant Area Committee, Strategic Policy or Information Meetings. There are occasions when it is not possible for representatives of outside bodies to attend more than one meeting and in such cases if the item has County wide implications it is listed on a Council agenda. Time constraints can also require an item to go straight to a Council agenda, in which case it would not be possible to wait for a decision of an OP&P meeting that is held every two months. This proposal could also lead to the Manager’s business having to go to an OP&P meeting before being listed on a Council agenda and for this reason it is management’s view that this proposal be rejected.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services & I.T. responded to Members queries. It was AGREED to put a time limit on presentations given at County Council meetings.

OP/32/11 The Internal Intranet Service Network

It was proposed by Councillor V. Boyhan and seconded by Councillor G. Horkan:

“That the Manager set up access to the internal Intranet service network for councillors.”

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

“The Council are currently commencing a revamp of the Council’s Staff Intranet which is currently out of date in parts and in need of modernisation. The Councils Staff intranet is mainly used for staff matters such as - HR staff forms and policies, applying for leave, payroll and expenses queries, Agresso (Financial Management system) supplier forms, Staff Credit Union, Pension details, Booking meeting rooms, Staff training, Messages from the Manager to staff, Details of Croke Park Agreement for staff, Social club notices etc. You need a staff employee number and password to access parts of the Staff Intranet .

As part of this Intranet revamp, we will look at providing a Councillors Intranet. We will contact the Councillors to get their views on what they would like to see on a Councillors Intranet, particularly to identify items of interest that are not available on the Council’s website www.dlrcoco.ie”

A discussion took place, during which Mr. A. Baines, Senior Executive Officer responded to Members queries. The report was NOTED and it was AGREED that Mr. Baines would further investigate the provision of an extranet for Councillors.

OP/33/11 Council's Telephone Answering Service

It was proposed by Councillor B. Ward and seconded by Councillor G. Horkan:

“That the Manager give a report to this Committee on the Council's telephone answering service, including the possibility of a touch-tone service that allows callers to dial the extension of the person required and a proper, professional answering service during closed hours.”

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

“Corporate Services, in conjunction with the Council’s telephone provider, have set up a template for an automated telephone system which would allow callers to dial an extension, to be put through to the Department they require or to talk to the switch operator. Corporate Services will be contacting Departments regarding the automated system and it is expected that it will be rolled out in early June. An out of hours answering service is already in place. An automated message informs callers of the opening hours, the number of the Homeless Shelter and an emergency number which is answered by a professional answering service.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T responded to Members queries. The report of the Manager was AGREED.

It was AGREED to take Item 12 in conjunction with this proposal.

It was proposed by Councillor B. Ward and seconded by Councillor G. Horkan:

That the Manager put telephone and e-mail protocols in place for Council staff requiring an “out-of-office” message (including who can deal with a query in that staff member’s absence and a contact number for that alternative person) where a member of staff will be unavailable for a day or more.

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

57

“The Council has customer service protocols in place in relation to voicemail and out of office messages, and regular reminders issue to all staff in relation to adhering to such protocols.

A further reminder will issue this week from the Communications Office.”

A discussion took place during which Mr. T. Pluck, Director of Corporate Services and I.T responded to Members queries. The report of the Manager was AGREED.

OP/34/11 Standing Orders No. 27 and No. 55

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

“That standing orders 27 and 55 be amended by the deletion of “six” and the substitution of “three”.”

A discussion took place. It was AGREED to reconvene the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010 and to REFER this proposal to the Subcommittee for consideration. It was also AGREED that the Subcommittee would report to the 2012 Annual Meeting and annually thereafter on proposals for further updating of Standing Orders. A replacement for former Councillor R. Boyd Barrett is required for the Subcommittee.

OP/35/11 Diary of Council Events

It was proposed by Councillor V. Boyhan:

“That the Manager provide Councillors with a regular diary of Council events and functions.”

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

“The Communications Office is now circulating the Corporate Diary by email on a weekly basis to the elected members.

The Corporate Diary complements the public information listed on the dlr calendar on the homepage of the Council's website.”

Following a discussion the report was AGREED.

OP/36/11 Council Diary

It was proposed by Councillor N. Bhreathnach:

“That this Committee recommend that next year’s Council diary include email addresses for the named officials.”

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

"The inclusion of all contact details, including email addresses, of officials named in the Council diary will be reviewed in advance of preparation of the 2012 Council diary."

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. The proposal was AGREED.

OP/37/11 Amendment to Standing Order No. 18

It was proposed by Councillor R. Humphreys:

That standing order 18 be amended by inserting the following sentence as a new paragraph at the end: “Within the last 15 minutes of a meeting, provided that any business under Parts 1 and 2 has been disposed of, any member who has submitted a motion the implementation of which requires only that the Council write a letter to a Minister or some other third party, may request that the motion be put without debate, and upon such request being made An Cathaoirleach shall put the motion unless he or she is of the view that the subject matter is one that requires a debate.”

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/38/11 Vote of Sympathy

It was proposed by Councillor R. Humphreys:

“That standing order 18 be amended by the insertion after the first sentence of “Prior to the commencement of business proper, expressions of sympathy may be read out by An Cathaoirleach only, without debate. Members wishing to put forward a vote of sympathy shall notify An Cathaoirleach of the proposal in writing prior to the time fixed for the commencement of the meeting.””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/39/11 Amend Standing Order No. 18

It was proposed by Councillor B. Ward:

“That standing order 6 be amended – (a) by deleting “5pm” and substituting “4.30 p.m.” and (b) by deleting “8pm” (both references) and substituting “8.15 p.m.””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/40/11 Amend Standing Order No. 98

It was proposed by Councillor R. Humphreys:

59 That standing order 98 be amended by deleting "quarterly" and substituting "held within 3 months of any meeting where the Committee completed consideration of all business submitted to it, and within 2 months of any other meeting of the Committee; and meetings shall be scheduled for a period of 2 hours unless the Committee completes its business within that time.

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/41/11 Amend Standing Order No. 18

It was proposed by Councillor R. Humphreys:

“That standing order 18 be amended in the introductory paragraph by deleting “other than annual meetings” and substituting “(subject to any necessary modifications in the case of annual meetings).””

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/42/11 Meetings Held in Dún Laoghaire-Rathdown County Council

It was proposed by Councillor B. Ward and seconded by Councillor D. Marren:

“That no meeting at which Councillors are required or expected to attend, or at which Councillors have expressed an intention to attend, shall be organised on a given day from Monday to Friday inclusive, before 5pm, without the permission of more than half the Council, or, where the meeting concerns a specific group of Councillors, without the permission of more than half that group.”

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

“All Area Committee, Strategic Policy and Council meetings are held after 17:00 hours Monday to Friday inclusive. Dun Laoghaire-Rathdown is the only County Council in Ireland to hold such meetings outside of office hours. This has been made possible because the staff have re-organised their family lives outside of office hours to attend these meetings. The Manager is not in a position to guarantee the attendance of the staff at further meetings held outside of office hours.

If this proposal is successful it would necessitate every request for a meeting being listed on the Council/Area Committee agendas, thereby making the whole process of arranging meetings cumbersome and not serving the best interests of all concerned. Meetings times are always agreed with the Cathaoirleach.”

A discussion took place. The report of the Manager was NOTED.

OP/43/11 Lighting of County Hall at Night

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

“That the ground floor of County Hall be lit up at night as the portion of Marine Road outside County Hall is very dark at night.”

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

“For energy efficiency, the offices on the ground floor of County Hall are controlled by motion sensors.

As part of the design for the new layout of the area outside of County Hall, a new lighting scheme is proposed which will bring lighting up to acceptable levels. Work on this scheme is scheduled for completion in June 2011.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. It was AGREED Mr. Pluck would look into this further and report back to the Committee.

It was AGREED to take Item No. 18 in conjunction with this proposal.

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

“That the Council consider lighting the lower part of the Town Hall at night, in addition to the up-lighting of the first floor, as the streetscape is extremely dark at night.”

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

“For energy efficiency, the offices on the ground floor of County Hall are controlled by motion sensors.

As part of the design for the new layout of the area outside of County Hall, a new lighting scheme is proposed which will bring lighting up to acceptable levels. Work on this scheme is scheduled for completion in late June 2011.”

A discussion took place, during which Mr. T. Pluck, Director of Corporate Services and I.T. responded to Members queries. It was AGREED Mr. Pluck would look into this further and report back to the Committee.

OP/44/11 Amend Standing Order No. 18

It was proposed by Councillor R. Humphreys and seconded by Councillor G. Hayden:

“That standing order 18 be amended by adding the following paragraph at the end of the standing order: “At the outset of the meeting, An Cathaoirleach shall call over each item of business (including members’ motions) in the order in which the items appear on the agenda, and ascertain whether each of the items can be agreed or noted, as the case may be, without debate. As much business as possible shall be disposed of during the call-over, subject to the right of any member to require that any particular matter be debated. Following the completion of the call-over, the remaining agenda items which require debate shall be dealt with by the Council in the order in which they appear on the agenda, subject to the right of An Cathaoirleach to take any item out of turn if he or she considers it is in the interests of the orderly dispatch of business to do so.”

It was AGREED to REFER this proposal to the Subcommittee on Standing Orders established by the Organisation, Procedure and Protocol Committee in December 2010.

OP/45/11 Draft Minutes on Website

61 The following proposal was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That a new section of the website be created headed "Draft Minutes", and draft minutes of meetings should be posted to the website under the heading of "Draft Minutes" as soon as they are prepared, rather than awaiting their formal approval at the following meeting, in the interests of public information.”

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

“As noted at the last OP&P meeting the legislation requires the publication of confirmed minutes. The Management team has discussed the publishing of draft minutes and they are strongly against this proposal. Our experience dealing with members of the public requesting minutes in advance of them being approved is that they are happy to view the webcast of the meetings and understand that minutes of meetings must be approved by the Council before being published.”

OP/46/11 Re-entering of Items

It was AGREED to RE-ENTER Item No. 20, Item No. 21, Item No. 24 and Item Nos. 26 to 28 to the July meeting of the Organisation, Procedure and Protocol Committee.

OP/47/11 Conclusion of Meeting

The meeting concluded at 4.35 p.m.

C/711/11 Ministerial/Departmental Correspondence

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

“1. Letter from the Office of the Minister for Education and Skills in relation to a letter sent by us on 13th April 2011 re: the National Emergency Committee.”

C/712/11 Other Correspondence

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

“1. Letter from ASH Ireland to Councillor B. Ward in relation to motion re: smoking in playgrounds. 2. Letter from Galway County Council in relation to a motion passed by them re: issuing of driving licences. 3. Letter from Galway County Council in relation to a motion passed by them re: processing of Higher Education Grants 4. Local Authority Members Association audited accounts for 2010. 5. Letter from South Tipperary County Council in relation to a motion adopted by them re: change of clocks in winter.”

C/713/11 Dublin's Need for Water

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

“That this County Council discuss in full detail the proposed scheme moved by Dublin City Council to pump water from River Shannon to service Dublin’s need for water.”

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

“The Dublin Region Water Supply Project is examining the long-term water supply needs of the Dublin Region. Full information is available on the Project website http://www.watersupplyproject-dublinregion.ie/

The Strategic Environmental Assessment has been completed for the Project and will be submitted to the Environmental Protection Agency for consideration.”

A discussion took place, during which Mr. F. Austin, Director of Water and Waste Services responded to Member’s queries. It was AGREED that a report on all schemes considered would be brought back to a future meeting of the County Council.

C/714/11 Magdalene Laundries

It was proposed by Councillor V. Boyhan and seconded by Councillor C. Smyth:

“That this Council calls on the Government to promptly and impartially investigate allegations of torture, cruelty, inhuman and degrading treatment of women detained at Magdalene Laundries and to request the Government to ensure appropriate redress.”

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

“If the motion is passed a letter will issue to the Government outlining the terms of the motion.”

Following a discussion the motion was UNANIMOUSLY AGREED.

C/715/11 Grange Village Independent Living and Retirement Village

It was proposed by Councillor G. O’Keeffe and seconded by Councillor T. Joyce:

“TICKNOCK ROAD – GRANGE VILLAGE INDEPENDENT LIVING AND RETIREMENT VILLAGE (SPECIFIC LOCAL OBJECTIVE No. 97 Map 5 page 211 of the County Development Plan) PROPOSED VARIATION TO THE DUN LAOGHAIRE RATHDOWN COUNTY DEVELOPMENT PLAN 2010 – 2016

In order to facilitate a technicality that will permit the Specific Local Objective No 97 for Retirement Village and Medical Related Facilities for the elderly at Ticknock Road, Sandyford, Dublin 18 the following variation is proposed:

CHAPTER 18 – LAND USE ZONING OBJECTIVES

The following additional text is to be appended as an additional footnote to Zoning Objective ‘B’ (Table 18.4):

63 Permitted In Principle*

Agricultural Buildings, Boarding Kennels, Caravan Park-Holiday, Cemetery, Community Facility, Concrete/Asphalt (etc.) plant in or adjacent to a Quarry, Home Based Economic Activities, Industry-Extractive, Open Space, Place of Public Worship, Public Services, Rural Industry-Cottage, Rural Industry-Food, Travellers Accommodation.

* Subject to compliance with the relevant policies, local objectives, standards and requirements set out in this Plan, the following land uses in association with a retirement village; residential (independent, assisted and convalescent living), ancillary medical and related uses, associated retail, pharmacy, restaurant, care centres, community facilities and village centre uses are “permitted in principle” under Zoning Objective B within those areas covered by the Specific Local Objective No. 97 relating to lands at Ticknock shown on Development Plan Map 5.

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

“In March 2010 during the preparation of the 2010-2016 County Development Plan the Manager presented the following report in respect of Specific Local Objective No. 97 (Ticknock Road Retirement Village) to the Elected Members for their consideration.

"The Manager agrees with those submissions objecting to the inclusion of SLO No. 97 within the Draft Plan on the following grounds:

 Contradictory to Zoning Objective 'B' (To protect and improve rural amenity and to provide for the development of agriculture)  Inappropriate and remote location.

The proposed Retirement Village is considered to be reflected by the Use Class 'Retirement Home', which is defined in the Draft Development Plan under Section 18.8: Definition of Use Classes as "Housing accommodation specially designed for elderly people in which dining, recreation, hygiene and health care facilities are shared on a communal basis".

'Retirement Home' is not a use either 'Permitted in Principle' or 'Open for Consideration' under Zoning Objective 'B' (To protect and improve rural amenity and to provide for the development of agriculture) (see Table 18.4 in the Draft Plan). In the 2004-2010 Development Plan (2004-2010) 'Retirement Home' is 'Open for Consideration' under Zoning Objective 'B'. This was, however, removed from the Draft Plan based on analysis of recent decisions by An Bord Pleanala and in response to a very stark paper by the Chairperson of An Bord Pleanala presented at the publication of the 2007 Annual Report: "With an ageing population there is an increase in the number of nursing homes being provided around the country. Some of these are coming on appeal and it is noted that the locations of some are singularly inappropriate in planning terms and even in terms of future occupiers, operators and employees. A number of large-scale nursing homes have been proposed in isolated Greenfield sites remote from towns or villages, shops or services of any description. Invariably, these have been refused by the Board as it is considered that such facilities are best located within existing settlements where public services are available and where the occupants have some degree of access to shops and other amenities or can walk up the street and encounter members of the local community."

In addition SLO No. 97 is patently contradictory to Council Policy RES9:Housing for the Elderly, which states: "It is Council policy that proposals for accommodation for the elderly should be located in existing residential areas well served by infrastructure and amenities such as footpath networks, local shops, public transport in order not to isolate

64 residents and allow for better care in the community, independence and access. This preference, and presumption towards convenient locations, apply to any scheme whether provided by communal set-ups or similar, facilities providing higher levels of care, self- contained units or a mix of these."

An Bord Pleanala refused permission in 2005 for a private school on the subject site (D04A/0801). Three of the four reasons for refusal very much focus on the inappropriate, isolated nature of this site:

 The isolated location of the site;  Non-accessibility by public transport;  Prominent nature of the site and its elevated and open aspect immediately adjoining a high amenity area;  Impact on the rural character and visual amenity of the area; and  Traffic hazard

In full, the three reasons for refusal read as follows:

"1. Having regard to its relatively isolated location, which has not been shown to be accessible by walking, cycling or public transport and to the lack of any case made by the applicant to justify the need for the proposed development and to determine its potential catchment, it is considered that the site of the proposed development is unsuitable, in principle, for the development of educational facilities of the scale proposed and would, if permitted, conflict with the principles of sustainable development. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

3. Having regard to the prominent nature of the site and its elevated and open aspect, immediately adjoining a high amenity area designated in the development plan and having regard to the scale and location of the proposed development, it is considered that the proposed development, which would be visible from a wide area, would seriously injure the rural character and visual amenity of the area and would impact, in a detrimental way, on the view westwards from the Ticknock Road, which it is an objective of the current development plan to protect. The proposed development would, therefore, conflict with the provisions of the development plan and would be contrary to the proper planning and sustainable development of the area.

4. Having regard to the scale of the proposed development, and its location adjoining the Ticknock Road, which is a rural type road that is inadequate in width and alignment to accommodate the traffic that is likely to be generated from the proposed development and having regard to the substandard level of visibility available from the proposed site access onto the Ticknock Road, and from the junction of the Ticknock Road with the Harold's Grange Road, it is considered that the proposed development would endanger public safety by reason of traffic hazard, hazard to pedestrians and obstruction of road users, The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area."

From a sustainable travel perspective the Council's Transportation Department also contend that the proposed development is poorly located particularly for the actively retired occupying individual homes, as there is very limited, if any, access to public transport at this location. The NRA in their submission considers that the proposed development could, due to its location and nature, potentially adversely impact on the safety, efficiency and capacity of the national road infrastructure in this area.

In the context of the demographics of the County the Manager considers that the concept of a Retirement Village as proposed is to be welcomed in principle. The proposed site is, however, completely inappropriate and unsustainable. The desirability of such a

65 facility within the County should not conflict with the overarching principles of proper planning and sustainable development.

Recommendation Remove Specific Local Objective No.97 from the Draft Development Plan."

Despite the Manager's extremely robust report the Members elected not to accept the recommendation to remove SLO No. 97 from the Draft Development Plan but instead voted to retain the Ticknock Road Retirement Village in the finalised adopted County Development Plan 2010-2016.

Less than 10 months later the primary concerns outlined in the previous Manager's Report - namely that the proposal is wholly contradictory to the Zoning Objective 'B' and that the subject site is an inappropriate and remote location for such a use - continue to hold currency and validity.

The current Motion seeking a Variation to the current County Development Plan proposes to introduce an additional but site specific footnote to Zoning Objective 'B' (Table 18.4) to 'Permit in Principle' a menu of specific uses that would otherwise not be 'Permitted in Principle' or 'Open for Consideration' under the provisions of the overriding policy objectives of the generic zoning which are "To protect and improve rural amenity and to provide for the development of agriculture".

Notwithstanding the locationally specific nature of this Motion there is clearly something incompatible in this proposal to vary the County Development Plan if the end result were to completely undermine the fundamental premise and rationale that underpins the very Zoning Objective for the area - which in this case is "To protect and improve rural amenity and to provide for the development of agriculture". Patently the proposed Retirement Village that is being promoted through Specific Local Objective No. 97 satisfies neither of these rural amenity and/or agricultural policy imperatives. For this reason it is recommended that this Motion be rejected.

There are particular concerns in relation to the open-ended 'Village Centre Uses' being promoted by the Motion. Nowhere in the current County Development Plan is the term 'Village Centre Use' defined in any categoric fashion either implicitly or explicitly. The only closely analogous term to 'Village Centre Use' would be the 'neighbourhood centre facilities' provided for under Zoning Objective 'NC' - "To protect, provide for and/or improve mixed-use neighbourhood centre facilities". Were neighbourhood centre 'Permitted in Principle' uses to be entertained or facilitated at Ticknock Road on foot of the current Motion it raises the wholly unwelcome prospect of the introduction onto the subject site of such diverse uses as - advertising structures, betting offices, discount food stores, petrol stations, public houses and residential - all of which are patently inappropriate and incompatible with the overarching policy objectives of the generic 'B' Zoning of the area.

In addition to the foregoing comments the proposed footnote varies significantly from the wording of SLO No. 97 and it is likely that if a variation in the terms proposed was passed by the Council then this could allow for a development which is significantly different from the terms of SLO No. 97.

For Information:

Members should be aware of a very recent (5th April 2011) decision taken by An Bord Pleanala in respect of a proposed development on the site to the south of and immediately adjacent to the identified Retirement Village site boundary. That application (Reg Ref D10A/0505 and ABP Ref. PL06D 238004) was for ‘Amendments to D07A/0922 for a stud and equine rehabilitation centre, ancillary facilities and house at

66 Ticknock Road, Taylorsgrange, Sandyford, Dublin 18.’ The Planning Authority decided to refuse permission for four reasons, viz:-

1. It is considered that the design, scale and bulk of the proposed first floor extension would be visually obtrusive and would have a negative impact on this high amenity area and on the protected views westwards from Ticknock Road. 2. The proposed amendments would significantly reduce the scale of the permitted ‘state of the art’ equine rehabilitation facility, which would significantly dilute the standard of permitted development and would undermine the rationale for granting the overall development. 3. Insufficient details have been submitted to indicate whether the septic tank complies with the EPA’s ‘Code of Practice: Wastewater Treatment and Disposal Systems Serving Single Houses’ (2009). 4. The proposed development is premature, by reference to the deficient road network serving the area, which renders it unsuitable to carry the increased road traffic likely to result from the development. The proposed development would therefore endanger public safety by reason of traffic hazard.

The refusal by the Planning Authority was appealed by the applicant to An Bord Pleanala. The Board’s Planning Inspector also recommended that planning permission be refused for the following reasons viz:-

‘1 The proposed development is located on an exposed hillside and on a site which is partially zoned ‘G’ where the objective is ‘to protect and improve high amenity areas’ in accordance with the provisions of the County Development Plan, 2010 – 2016. It is considered that the proposed alterations to the equine centre would intensify the scale of the permitted development and would seriously injure the visual amenities of the area and would impact on the views along Ticknock Road which it is an objective of the Plan to protect. The proposed development would, therefore, conflict with the provisions of the Dún Laoghaire-Rathdown County Development Plan 2010 – 2016, and would be contrary to the proper planning and sustainable development of the area.

5. Having regard to the existing substandard capacity, width and alignment of Ticknock Road which would serve the subject development, and the nature and volume of traffic from the site, the Board is not satisfied that the applicant has adequately demonstrated that the intensification of the permitted development would not endanger public safety by reason of traffic hazard and obstruction of road users.’

The Board finally also refused permission for the proposed development but based on the reasons and considerations set out below:-

‘MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made hereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

REASONS AND CONSIDERATIONS

Having regard to the extent of development proposed and the nature of the effluent generated on this unserviced site, and in the absence of a site suitability assessment and detailed specifications in relation to the proposed waste water treatment system, the Board is not satisfied on the basis of the submissions made in connection with the planning application and the appeal, that effluent from the development can be

67 satisfactorily treated and disposed of on site. The proposed development would, therefore, be prejudicial to public health.’”

A discussion took place, during which Ms. K. Holohan, Director of Planning responded to Members queries.

It was AGREED to ADJOURN the meeting for three minutes for Councillors to further consider the Grange Village Independent Living and Retirement Village.

C/716/11 Reconvening of Meeting

The meeting reconvened at 6.52 p.m.

C/717/11 Grange Village Independent Living and Retirement Village

The discussion continued and Ms. K. Holohan, Deputy Manager responded to Members further queries.

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

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Boyhan, Victor √ Brennan, Aoife √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Halpin, Melisa √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Murphy, Tom √ O’Callaghan, Denis √

68 O’Dea, Jim √ O’Keeffe, Gearóid √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Stewart, Patricia √ Ward, Barry Total: 14 11

An Cathaoirleach, Councillor J. Bailey declared the motion CARRIED.

C/718/11 APCOA Induction Training

It was proposed by Councillor P. Stewart and seconded by Councillor M. Baker:

“That the Manager ask APCOA to furnish details of the induction training of its operatives in order to ensure that they deal with the public in a courteous, pleasant and fair way.”

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

“A copy of APCOA’s Induction Training course has been forwarded to all Councillors and is available from the Transportation Department.”

Following a discussion the report was NOTED.

C/719/11 Public Art Works

The following motion was MOVED by Councillor V. Boyhan WITHOUT DISCUSSION:

“That the Council seek to increase public art works across the County and actively encourage new developments to install or contribute to various art forms accessible to the public or installed in the public realm.”

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

“The Council’s most recent three-year public art programme Place and Identity was a series of ward-based artists’ residencies and temporary commissions. As this programme has come to an end the Arts Office is now in the process of reviewing and updating the Council’s Public Art guidelines in consultation with relevant internal departments. The new guidelines will be presented to the E,C&C SPC in September. Subject to available funding, a new Public Art implication plan will be developed once the guidelines are approved. The role of public art within private developments will be researched as part of the review process.”

C/720/11 SDZ Plan for Cherrywood

69 It was proposed by Councillor D. Marren and seconded by Councillor D. O’Callaghan:

“That the Manager report on the progress and likely completion date of the SDZ plan for Cherrywood.”

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

“The Council submitted a recommendation to the DoEHLG in August 2008 requesting that Cherrywood be considered for designation as a Strategic Development Zone. At that time the Councillors were briefed on the Draft Masterplan for the area and the Common Infrastructure Implementation Plan (CIIP). In May 2010 the Government designated Cherrywood a Strategic Development Zone and identified the Local Authority as the Development Agency responsible for the preparation of a Draft Planning Scheme

A Cherrywood Interdepartmental Team has been formed and this team was tasked with reviewing work done up to 2008 having regard to:

 New and updated Government guidelines and policies in particular retail, and flooding  New Regional Planning Guidelines  A detailed biodiversity survey of the area that was completed in 2010,  The findings of the RPS Transport study 2010 of the 2008 CIIP  Submissions from landowners received in January 2011 on foot of a request by the Local Authority

When this work is completed the Cherrywood Interdepartmental Team will prepare a draft Planning Scheme for Cherrywood, which will be informed by the Strategic Environmental process (SEA).

To date the following work has been progressed:

 The implications for development of the Cherrywood area of new Government Guidelines (in particular relating to retail development and flooding), new Regional Planning Guidelines, emerging biodiversity issues and the designation of Carrickmines as a District Centre have been assessed.  The submissions from landowners have been reviewed. While some common issues were raised in the submissions (incl. the need to take account of the implications of the economic downturn and to minimise infrastructure requirements) the submissions of different landholders do not constitute a consistent view regarding the future development of the Cherrywood area. Cognisance is being taken of issues raised in these submissions.  A scoping exercise for the SEA has been completed.  Background papers are being prepared covering key issues these will inform the policies and objectives in the draft Plan.  Appropriate Assessment consultants have been appointed and work is continuing.  Consultants have been appointed to prepare the Environmental Report part of the SEA process this will inform the making of the draft Planning scheme.  The Team is in dialogue with OPW in relation to potential flooding issues and the application of the new Guidelines.  A number of meetings have been held with the NTA to discuss the nature and scale of development and the mix of uses in the plan area. The public transport and road infrastructure requirements associated with these quantums of development and the phasing aspect of the scheme.  The appropriate approaches to the issues raised by the biodiversity survey are being considered.  Critical infrastructural requirements are being reviewed.

70  Impact of revisions to the previous draft masterplan are being considered

It is the Manager’s intent to fully brief the Councillors on the rationale underpinning proposed changes to the draft Masterplan (presented to the Councillors in 2008) in September 2011.

The Council under the requirements of the Planning and Development Act 2000 – 2010, as the development agency is legally required to have a draft Planning Scheme prepared and on display by 25th May 2012.”

Following discussion, during which Ms. K. Holohan, Director of Planning responded to Members queries, the report was NOTED.

It was AGREED to take Item No. 45 in conjunction with this motion:

It was proposed by Councillor D. O’Callaghan and seconded by Councillor D. Marren:

“That this Council agrees that the Draft Planning Scheme for the Cherrywood S.D.Z be put on public display by November 2011.”

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

“The County Manager wrote to the Councillors in June setting out progress to date in the preparation of the Draft Planning Scheme for Cherrywood and the Manager’s intent to fully brief the Councillors in September on the rationale underpinning the Draft Planning Scheme and changes proposed to work previously presented to the elected members in September.

The Draft Planning Scheme is required by legislation to be on display by 25th of May 2012. While it is not the intention of the Planning Authority to delay in the preparation of the planning scheme this plan requires significant supporting infrastructure and co- ordinated input as well as detailed environmental assessment to accord with the requirements of the Planning Acts. In addition to this the plan needs to be presented in a manner that is clear and legible. It is not feasible to have a draft plan prepared by November of this year. The Council will be kept updated on progress.”

Following discussion, during which Ms. K. Holohan, Director of Planning responded to Members queries, the report was NOTED.

C/721/11 List of the Strategies/Policies being Operated by the Council

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager provide a list of the strategies, policies or similar documents prepared for particular subject matters that are being operated by the Council, broken down by Department.”

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

71 “The Council is not in a position to allocate the resources required to abstract the information requested in the motion.”

C/722/11 Assistance with Flower Planting

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager put in place an ongoing and publicly advertised scheme whereby residents associations and tidy towns can apply for assistance with flower planting, subject to agreement regarding maintenance of the floral displays by residents and/or committees.”

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

“The Council invites applications from Community Groups, Residents Associations and Schools for funding for environmental projects under the Sustainable Communities Funding Scheme. This is advertised on the Council's website and also through verbal and written correspondence by the Environmental Awareness Officer.”

C/723/11 Street Sandwich Boards

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager provide an update on the proposals for the introduction of a licensing system for street sandwich boards.”

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

“The Environment and Transportation departments have been working closely on developing a new policy in respect of sandwich boards on public footpaths. The proposed licensing system for sandwich boards is being done under the Planning and Development Act, 2000 and Planning and Development Regulations 2001 as amended. As part of this policy review the departments have also updated the policy in respect of all street furniture including tables and chairs and also the display of goods. A single application form for all street furniture licences has been developed so as to reduce the level of paperwork required by businesses seeking to make multiple licence applications.

The next step will involve making this new application form available on the Council website and in the Council offices so that people can apply for a licence. The Council will also go about compiling a list of all businesses that have street furniture in the public space and will be drafting a letter informing them of the need to apply for a licence. There will be an onus on successful applicants to display the licence in a visible location.

It is important to note that only businesses that meet the necessary conditions will be granted a licence, for which they must pay and that all businesses that continue to have unlicensed items in the public space will be subject to fines/prosecutions under the appropriate legislation. Prior to issuing a licence the applicant will have to satisfy the Council that there are no arrears of water charges or rates outstanding in respect of the premises or that an arrangement has been entered into with the Council to discharge any such arrears.”

72 C/724/11 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 6 to 8, Item Nos. 30 to 35, Item Nos. 37 to 39, Item Nos. 41 to 44, Item No. 47 and Item No. 48 to the September meeting of the County Council.

C/725/11 Conclusion of Meeting

The meeting concluded at 7.15 p.m.

73