DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the Council Chamber, County Hall, Marine Road, Dún Laoghaire, Co. Dublin on Monday, 10 November 2008 at 5.00 pm

PRESENT

Bailey, John F Hand, Pat Bailey, Maria Holohan, R. Baker, Marie Horkan, Gerry Bhreathnach, Niamh Joyce, Tom Byrne, J. Kivlehan, T. Conway, B. Marren, Donal Cosgrave, L. Matthews, T. Crowe, G. McCarthy, Lettie Culhane, Aidan Mitchell O'Connor, Mary Devlin, Cormac O'Callaghan, Denis Dillon Byrne, Jane O'Higgins, T. Fallon, C. O'Keeffe, Gearoid Feighery, G. O'Leary, Jim Fox, Tony Smyth, Carrie

Apologies for inability to attend were received for Councillor

An Cathaoirleach, Councillor Denis O'Callaghan presided.

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tom McHugh (Director of Transportation), Frank Austin (Director of Water & Waste Services), Mary Mallon (Director of Services), Tom Loftus (Director of Services Transportation), Charles Mac Namara (Director of Housing), Michael Hogan (Head of Finance), Richard Cremins (Senior Planner), John Broderick (Senior Executive Engineer Transportation), Maura Murphy (Administrative Officer Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services)

C/513/08 Resolution pursuant to Section 140 of the Local Government Act, 2001 submitted by Councillors Gene Feighery, Tom Kivlehan and Ruairí Holohan

"We the Members of Dún Laoghaire-Rathdown County Council pursuant to Section 140 of the Local Government Act 2001 hereby require and direct the County Manager to do as follows:

• To provide the members of this Council with copies of the existing freehold, leasehold and any other assignments and maps from the department of the Marine on the lands containing the Dun Laoghaire Baths site and foreshore and to set out in detail the restrictions and encumbrances outlined therein.

• To explain why limitations on these leases were not notified to this

1 Council when considering plans for the Dun Laoghaire Baths.

• To provide to the members of this Council a full breakdown of the costs incurred as follows: • Consultants Fees; • Advertising; • Public Consultation.”

The Manager indicated that a full reply to the questions raised in the motion had been circulated to all Members.

An Cathaoirleach, Councillor T. Joyce RULED that as the information sought in this Section 140 motion had been supplied in the report, the report of the Manager was NOTED , and the motion dealt with.

C/514/08 Confirmation of Minutes

Minutes of Meeting of County Council held on 13 October 2008 were CONSIDERED :

It was proposed by Councillor L. Cosgrave, seconded by Councillor J. Dillon Byrne and RESOLVED :

“That the minutes of County Council meeting held on 13 October 2008 be ADOPTED and APPROVED .”

C/515/08 Vote of Condolence

A vote of condolence was passed with the family of Former Councillor Paul Rowan, R.I.P.

A vote of condolence was passed with the family of Mr. Thomas Craddock, R.I.P.

A vote of condolence was passed with Mr. Jim King and family on the recent death of his daughter.

A vote of condolence was passed with the family of Mr. Edward Gannon, R.I.P.

A vote of condolence was passed with the family of Ms Maura Farrell, R.I.P.

An Cathaoirleach, the Members, the Manager and staff observed one minutes silence.

C/516/08 Suspension of Standing Orders

It was proposed by Councillor J. F. Bailey and seconded by Councillors M. Bailey, L. Cosgrave, M. Baker, T. O’Higgins and M. Mitchell O’Connor:

“To propose the suspension of standing orders on 10 November 2008 to discuss Budget 2009 and the effect on the residents of Dún Laoghaire-Rathdown.”

It was AGREED to suspend standing orders at 7.15 p.m. to discuss the effect Budget 2009 will have on the residents of Dún Laoghaire-Rathdown.

2

C/517/08 Questions

It was proposed by Councillor M. Bailey, seconded by Councillor C. Smyth:

“That pursuant to Standing Order No. 110 question numbers A.1 to A.17 inclusive be ADOPTED and APPROVED .”

C/518/08 Temporarily Turning Off the Water Supply

Question: Councillor J. Bailey "To ask the Manager to review the procedure for notification to households when the Council intends temporarily turning off the water supply. Specifically the Manager should consider using the media to provide notification of such action?"

Reply: “The current system of notification of households has been established after many years of experience. A leaflet drop to customers in the affected area a few days before the proposed shut-down of water supply has achieved best results. In the event that a leaflet drop is not practicable and an exceptionally large number of customers will be affected, both print and radio media are used to inform the public.”

C/519/08 Higher Level Education Grants

Question: Councillor J. Bailey "To ask the Manager to outline: 1. How many applicants were granted a Higher Level Education Grant by this Council this year, 2008; 2. How many applicants were granted a Higher Level Education Grant by the Council last year 2007; 3. Will there be any delay in paying out these grants this year, 2008?"

Reply: “1. To date under the 2008/2009 Higher Education Grants Scheme the Council has paid 323 grants; 2. A total of 952 students recieved grants under the 2007/2008 Scheme; 3. It is not foreseen that there will be any undue delay on the part of the Council in paying out grants.”

C/520/08 Waste Collection Charges

Question: Councillor J. Bailey "To ask the Manager to outline (a) How many householders have paid their waste collection charges for years 2005, 2006 & 2007; (b) How many householders have not yet paid these charges for years 2005, 2006 & 2007; (c) How do these figure compare to the figures of 2002, 2003 & 2004; (d) How many waivers were issued in all of the above years?"

3 Reply: “(a) The published National Service Indicator Rev. 4 for 2005, 2006 and 2007 records the proportion of households, where refuse charges were paid in full to the local authority by year end or were waived during the year in question. Partial payments for each year have not been included. Households that have paid their charges or have been waived charges at any stage since the year-end are not included in the statistics below.

Rev. 4 % Paying Refuse Charges at year-end

Year Number a/c’s Paid in full or waived % 2005 22,070 * 34.49% 2006 12,996** 19.86% 2007 6,766** 15.1%

Prior to 2005 householders were invoiced for a flat charge early in the year and many paid up front. From 2005 the Council commenced charging on a pay-by-weight basis, where householders are issued statements, based on standing charges, weights and lifts, in arrears unlike the previous system of issuing invoices early in the year for payment of a flat charge or a tag system, which operates in many local authorities, where householders pay up front for tags. Obviously, as we bill in arrears, the final statements from 2005 onwards issued the subsequent year. Again this amount, while due for the year, is not due in the year. As a result people paying their charges on the basis of statements are most unlikely to pay all the charges due for the year by year-end.

*2005 saw the introduction of pay-by-weight. and many householders paid a flat charge up front. Many of these were in credit at 31/12/05 even after factoring in the final statement. But the % for 2005 was down dramatically on 2004.

**The % for 2006 and subsequent years is significantly reduced, as it is highly unlikely that any householder has a credit on their account to match the final statement.

In 2007, there was a reduction in the number of households availing of the Council’s service as a result of private service providers entering into the market in DLR.

(b) Number not Paying Refuse Charges at year-end is as follows:

Year Number a/c’s 2005 21,557 2006 23,841 2007 15,146

Households that have paid their charges or have their charges waived at any stage since the year-end are not accounted for in the above statistics.

In 2007, the overall number of accounts was reduced as a result of alternative service providers entering into the market in DLR.

(c) Number Paying Refuse Charges at year-end

Year No. A/C’s Paid in full or waived %

4 2002 34,140 52.73% 2003 35,803 55.3% 2004 38,372 59.83%

Households that have paid their charges or have their charges waived at any stage since the year-end are not accounted for in the above statistics.

(d) Waivers at year- end

Waiver 2007 2006 2005 2004 2003 2002 statistics Total 5,313 5,337 4,777 6,031 2,605 N/A Processed Granted 4,097 4,266 4,103 5,037 1,773 2,890 Refused 1,216 1,071 674 994 832 N/A

Households that have been waived charges at any stage since the year-end are not included in the above statistics.

It is estimated that up to 25% of households availing of the Council’s household waste service may be eligible for a waiver under the Council’s scheme. However it is not possible to quantify the number of households who would qualify, as the Council is not aware of the applicants' income circumstances until they make their applications. The waiver schemes remain open for applications.”

C/521/08 Council's Policy in Relation to the Regular Sweeping of Roads

Question: Councillor M. Bailey "To ask the Manager to outline the Council's policy in relation to the regular sweeping of roads, particularly in residential estates and to provide a list of the estates which the Council regularly sweeps?"

Reply: “The draft road sweeping schedules provide for towns and villages and some main routes to be swept on a daily or weekly basis depending on the level of usage. Residential areas and some less trafficked routes are scheduled on a four week basis and a small number of residential areas scheduled for an eight week rota.

The draft road sweeping schedule which was recently circulated to the Elected Members, contains a full list of all the residential estates that are currently swept.”

C/522/08 Affordable Housing Scheme for 2008 - 2009

Question: Councillor M. Bailey “To ask the Manager to present a report to the Council outlining the Affordable Housing Scheme for 2008/2009 and how many applicants have been successful in 2007/2008?”

Report: "The Council adopted the current Affordable Housing Scheme at its meeting held in December 2006. Following adoption, applications for inclusion in a new priority list were invited by public advertisement with a closing date of 10 th April 2007. It was also agreed that approx. 900 applicants who had been included on the previous affordable housing

5 list following a lottery held in December 2005, and who had not by that time been allocated an affordable dwelling, would automatically be included in the new lottery. On 8th June 2007 all new applicants, whose applications were received by the above closing date, together with those applicants from the previous list were entered into a draw to determine the order in which they would be assessed for offer of an affordable home.

Applicants retain their place on this list until the Council is in a position to make an offer of an affordable home. New applications are added to the end of the list by way of quarterly draw. The current number of applicants on the list now stands at 4,620.

In accordance with the adopted scheme, affordable dwellings are offered as follows:-

(1) 1/3 of affordable dwellings in an Electoral Ward are reserved for eligible applicants who can satisfy the Council that they have at any time lived in that Electoral Ward for a continuous period of not less than five years. Applicants can only claim priority in one of the six Electoral Ward areas. (2) A further 1/3 of affordable dwellings are reserved for eligible applicants (including those in 1 above) who can satisfy the Council that they have at any time lived in the Dún Laoghaire-Rathdown County for a continuous period of not less than five years. (3) The final 1/3 of affordable dwellings are reserved for all eligible applicants including those at 1 and 2 above.

In 2007, construction was completed on a total of 152 affordable dwellings, sales closed in relation to 72 dwellings during 2007. To date during 2008, a further 244 affordable dwellings have been completed, 190 sales have closed during 2008 and the balance of 134 dwellings are at various stages of offer, e.g. offer accepted and contracts exchanged, on offer awaiting acceptance, or in process of being offered to approved applicants. These units are located throughout the County in the Stepaside, Goatstown, Stillorgan, Dundrum, Blackrock and Dun Laoghaire areas.”

C/523/08 Fines for Dog Fouling

Question: Councillor M. Baker "To ask the Manager to explain the following: 1. The number of staff who have the authority to issue fines for dog fouling? 2. On what basis is such a fine issued? 3. The cost of such a fine? 4. How many of these fines are paid?"

Reply: “1. 6 Litter Wardens, 1 Dog Warden and the Supervisor to the Wardens are authorised to issue fines under the Litter Pollution acts 1997-2003, including Section 22 – Dog Fouling, as are members of the Gardai.

2. A Dog Fouling fine is issued in cases where: a. The offence has been witnessed by a member of staff mentioned in part 1 above or b. Where the offence has been witnessed by another person, i.e. a member of the public and it has been put in writing confirming the date, time and location of the offence and c. When the dog owner(s) name and address can be identified.

3. All on-the-spot fines under the Litter Pollution Act 1997-2003 are in the amount of €150.00. Failure to pay will result in a prosecution being prepared

6 and fines in Court can be up to €3,000.00.

4. The following is the number of fines issued and paid over the last 10 years:

Year Fines Issued Fines Paid

1999 1 0 2000 9 8 2001 1 1 2002 4 3 2003 8 8 2004 4 3 2005 0 2006 0 2007 3 2 plus one prosecution 2008 0 (Jan to Oct)

C/524/08 Incidences of Dog Fouling

Question: Councillor M. Baker "To ask the Manager how many complaints are made to the Council each year in relation to incidences of dog fouling?"

Reply: “In 2008 17 complaints about specific dogs were received, however the witnesses were not willing to give details of the complaint in writing.

When general complaints about dog fouling in different estates, villages, parks, etc are received the Dog Warden carries out licence checks, going door to door to all registered dog owners in the effected area and to any additional houses where he sees dog(s). Annually over 100 areas are checked, the majority of which would have been done based on fouling complaints and dogs running loose in residential areas. This has resulted in 106 fines under the Control of Dogs Act 1986 being issued to date this year.

Additionally, every dog owner that the Warden speaks to while carrying out licence checks is reminded of their obligation under the Litter Pollution Acts to clean up after their dog(s).

Furthermore, the Dog Warden and 6 Litter Wardens regularly patrol the beaches, parks and main pedestrian routes, warning all dog walkers of their legal obligations. Signage has also been erected by the Wardens and, historically, has resulted in an improvement in these areas. Currently a new series of anti-dog fouling signs are being printed. The signs will be neighbourhood specific, i.e. ‘Keep Dun Laoghaire Clean’ will be on the signs erected in and around Dun Laoghaire Town Centre. It is hoped that these signs will be ready for placing around the County late this year.

Also starting this month, all licence reminder letters sent to dog owners will also include a free pooper-scooper in addition to an information leaflet on Control of Dogs. Pooper- Scoopers are available free of charge from both of the Council’s offices.”

C/525/08 Fines for Dog Fouling in Public Places

7 Question: Councillor M. Baker "To ask the Manager how many fines are issued each year in the County in relation to dogs fouling in public places?"

Reply: “The following are the number of fines issued under Section 22 of the Litter Pollution Acts 1997-2003 – Dog Fouling:

Year Fines Issued

1999 1 2000 9 2001 1 2002 4 2003 8 2004 4 2005 0 2006 0 2007 3 2008 0 (Jan to Sept)”

C/526/08 County Wide Speed Limit Review

Question: Councillor M. Baker "To ask the Manager the following: 1. When will the County Wide speed limit review be concluded? 2. When will the amended speed limits be brought before the Council for adoption?"

Reply: “A progress update on the Speed Limit Review 2008 was presented to the Transportation SPC meeting on Tuesday 9 th September. It was agreed at this meeting that a special sitting of the SPC would be arranged to finalise the speed limit changes that are to be included in the 2008 review.

This special sitting of the SPC took place on Thursday 6 th November 2008.

Following this meeting, it was agreed to go on public display later this year and following public consultation, the Speed Limit Review will be brought to the Council for adoption in early 2009.”

C/527/08 Fines Issued in Respect of Dog Fouling in the County Last Year

Question: Councillor G. Crowe "To ask the Manager how many fines were issued in respect of dog fouling in the County last year?"

Reply: “In 2007 3 fines were issued under Section 22 of the Litter Pollution Acts 1197-2003 – Dog Fouling.”

8 C/528/08 Public Notices

Question: Councillor G. Feighery

"To ask the Manager to indicate the amount of funding spent on Public Notices in the Media including National and Local Press as follows: (a) - Statutory Notices (b) - Non Statutory Notices?"

Reply: “Over a 9 month period (Jan-Sept 08) there was a spend of €211,724.56 on advertising in the National and Local Papers. €100,513 was spent on Statutory Notices and €111,211.21 was on Non Statutory Notices (of the Non-Statutory notices, €56,865.81 was spent on Recruitment notices).”

C/529/08 Consultants Fees

Question: Councillor G. Feighery "To ask the Manager to provide the Council with a definitive figure for Consultants Fees for the years 2006, 2007, to date, and in his response give a detailed breakdown of: • The name of the Consultants; • The Project; • The Project Fee?"

Reply: “The information required is not readily available.

A report is being prepared and will be circulated to all Councillors in the near future.”

C/530/08 Emergency Contact Numbers

Question: Councillor L. McCarthy "To ask the Manager, please provide Members with emergency contact numbers in the event of a fault occurring at signalised junctions over weekends / outside office hours?"

Reply: “Traffic signalising faults are presently communicated during office hours by the Council's Traffic Section direct to the Council's Traffic Signal Maintenance Contractor. 'After Hours' contact is directed to the An Garda Traffic Control Centre, Harcourt Street, through the reporting of faults from local Garda Stations made by members of the public once received. The specific details of all faults and their location is verified by the Traffic Signal Maintenance Contractor with the local Garda Station.

The decision to restrict access to the after-hours number to An Garda Siochana and the Traffic Section was taken jointly between the Council and the Signal Maintenance Contractor to limit 'spurious fault reports'.

Traffic Section is satisfied that the current reporting system and response time of the Traffic Signal Maintenance Contractor is proving satisfactory.

Traffic Section experienced an intermittent fault at a signalised junction in the Glencullen area over the past numbers of weeks. Due to the nature of the fault, a stepped approach

9 in determining the fault was undertaken until the nature of the fault could be rectified in full. This meant in effect that the traffic signal junction intermittently 'tripped' until the full fault was rectified.

A full technical report can be issued to the members if required on this traffic signal fault occurrence by contacting the Senior Engineer - Traffic.”

C/531/08 Progress Report

Question: Councillor D. O'Callaghan "To ask the Manager for a progress report on the Council’s Proposed Draft Bye-Laws for the Storage and Collection of Household and Commercial waste?"

Reply: “Submissions from the Public and the Waste Industry have been received in connection with the proposed Storage and Collection of Household and Commercial Waste Bye Laws.

These submissions have necessitated careful assessment in order that fair and balanced Bye Laws can be recommended to the Council for approval.

It is expected that these Draft Bye Laws will be before the Council at the December meeting.”

C/532/08 Enforcement Proceedings

Question: Councillor G. O'Keeffe "To ask the Manager what constitutes or defines a hedgerow for the purpose of enforcement proceedings if same is removed from land adjacent to private properties?"

Reply: “A hedge is normally defined as a row of shrubs or bushes forming a boundary.

If a hedgerow between two properties is removed it is considered to be a civil matter to be resolved between the parties concerned.

If a hedgerow forms part of a boundary treatment onto a public road and it is removed, the Enforcement Section would commence enforcement proceedings requiring a boundary treatment to be reinstated.

However, if the land in question is the subject of a planning permission and contains a condition that the hedgerow is to be retained, the Planning Enforcement Section would commence enforcement proceedings against the developer/owner if it is removed. The Enforcement Section would serve an Enforcement Notice requiring the reinstatement of the hedgerow to its condition prior to its removal, within a specified timeframe. Failure to comply with the requirement of an Enforcement Notice would result in prosecution proceedings being brought against the owner of the land in question.”

C/533/08 Detailed Examination of Trees and Shrubs

Question: Councillor G. O'Keeffe

10 "To ask the Manager to undertake a detailed examination of trees and shrubs in The Park Estate, Highlands, Sycamore, Vale View, Park Drive and The Glen and to provide the Council with a comprehensive report on the status of these trees/shrubs and to provide a timetable for their removal/replanting/pruning etc within an acceptable timeframe?"

Reply: “The street trees in “ The Park ” Estate (beside Cabinteely Park) are semi-mature specimens of a number of very common species.

Some of these trees are very suitable, maintain a compact shape and have attractive ornamental features suitable for a sub-urban residential estate like this (e.g. Ornamental Mountain Ash with attractive spring flowers, autumn colour and berries).

However there are also numerous unsuitable trees and many of these are now beginning to outgrow the site (e.g. large Norway Maple trees in road margins).

Since 2007 the Parks Department has undertaken a significant amount of tree pruning in the estate (often at the request of particular residents) to give trees the optimum shape and minimise inconvenience or shade to residents. Lower and overhanging branches are removed and occasionally trees deemed unsuitable are removed.

This pruning programme is ongoing, we anticipate that it will take 5-6 years before all unsuitable trees are removed and replaced in such a way that no significant adverse impact occurs to the overall tree layer in the estate.”

C/534/08 Extend the Skate Park Facilities at Monkstown Pool and Fitness Centre throughout Dún Laoghaire-Rathdown County Council Area

Question: Councillor C. Smyth "To ask the Manager to make provisions to extend the Skate Park facilities at Monkstown Pool and Fitness Centre throughout Dún Laoghaire-Rathdown County Council area?"

Reply: “It is planned to develop a skatepark facility as part of the proposed Samuel Beckett Civic Campus project.”

C/535/08 Conferences

The following Conferences, copies of which had been circulated to the Members, were CONSIDERED :

“(a) Association of Irish Regions 11 th Annual Conference Ireland’s Waters An Untapped Resource? The Inchydoney Island Lodge & Spa Hotel, Clonakilty, Co. Cork, 17 th October 2008 (b) Councillors Training Seminar.The Role of Local Government in Protecting our Water Resources The Connemara Gateway Hotel, Oughterard, Co. Galway, 9 th – 12 th October 2008 (c) North South Confederation of Councillors Seminar.“The Good Friday Agreement – 10yrs on” Clifden Station House Hotel, Clifden, Galway, 24 th & 25 th October 2008 (d) Culture & The City ‘Keeping Dublin Creative’ The National Gallery, Merrion Square West, Dublin 2, 21 st October 2008

11 (e) Councillor Training Seminar “Irish Language Course”, Connemara Coast Hotel, Furbo, Co. Galway, 26 th – 29 th October 2008 (f) Training Seminar for Councillors “Anti-Social Behaviour and Associated Health and Safety Issues”, Carraig Hotel, Main Street, Carrick-on-Suir, 31 st October – 2 nd November 2008 (g) Training Seminar for Councillors, The Local Government Budget 2009, Carlton Millrace Hotel, Bunclody, Co. Wexford, 31 st October – 1 st November 2008 (h) Local Government Social Inclusion Showcase – Anti-Poverty Learning Network Meeting, Tower Hotel, Waterford, 12 th & 13 th November 2008 (i) Training Seminar for Councillors, “Public Relations and Communication Skills for Councillors”, Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal, 14 th – 16 th November 2008 (j) The Irish Planning Institute, Local Area Planning - Planning Opportunities and Challenges,The Radisson SAS Hotel, Golden Lane Dublin 8, 24th October 2008 (k) Constructive City and County Leadership through BID’s, Mount Wolseley Hotel, Spa and Country Club, Tullow, Co. Carlow, 7 th November 2008 (l) Training Seminar for Councillors, “Homelessness in Ireland”, The City West Hotel, Dublin, 5 th & 6 th December 2008 (m) “Municipal Solid Waste – Meeting the Landfill Diversion Targets & The Necessary Standards for Pre-Treatment” The Millennium Hall, City Hall, Anglesea Street, Cork City, 13 th November 2008”

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

C/536/08 Approval of Nominations

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

“Councillor Training Seminar, “The Role of Local Government in Protecting our Water Resources”, The Connemara Gateway Hotel, Oughterard, Co. Galway • Councillor Pat Hand

Association of Irish Regions, 11 th Annual Conference, Inchydoney Island Lodge and Spa Hotel, Clonakilty, Co. Cork • Councillor Pat Hand • Councillor Gerry Horkan

The 2 nd National Water Summit 2008, Croke Park Conference Centre, Croke Park, Dublin • Councillor Ciarán Fallon

Local Area Planning, Opportunities and Challenges, Radisson SAS Hotel, Golden Lane, Dublin 8 • Councillor Tom O’Higgins • Councillor Niamh Bhreathnach

North South Confederation of Councillors Seminar, “The Good Friday Agereement – 10 years on”, Clifden Station House Hotel, Clifden, Co. Galway • Councillor Gareth Crowe • Councillor Pat Hand • Councillor Carrie Smyth

12 • Councillor Jane Dillon Byrne • Councillor Gerry Horkan • Councillor Lettie McCarthy • Councillor Louise Cosgrave

Training Seminar For Councillors, “Anti-Social Behaviour and Associated Health and Safety Issues”, Carraig Hotel, Main Street, Carrick-on-Suir • Councillor Trevor Matthews • Councillor John Byrne • Councillor Lettie McCarthy

Training Seminar for Councillors, “The Local Government Budget 2009”, The Carlton Millrace Hotel, Bunclody, Co. Wexford • Councillor Gerry Horkan • Councillor Pat Hand • Councillor Tom Kivlehan • Councillor John Bailey • Councillor Maria Bailey • Councillor Tom O’Higgins • Councillor Jane Dillon-Byrne • Councillor Tony Fox

Family Life Today, “The Greatest Revolution”, 11 th Annual Céifin Conference, West County Hotel, Ennis, Co. Clare • Councillor Trevor Matthews

Constructive City and County Leadership through BID’s, Mount Wolseley Hotel, Tullow, Co. Carlow • Councillor Tom Kivlehan”

C/537/08 Monthly Financial Report

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

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/08 - 30/09/2008 9 75.00%

EXPENDITURE

PROGRAMME GROUP: TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € %

A Housing & Building 23,719,802 37,387,200 63.44 B Road Transportation & Safety 22,166,287 30,135,500 73.56 C Water Services 24,149,536 31,460,400 76.76 D Development Management 6,629,854 11,578,200 57.26 E Environmental Services 36,673,513 53,308,800 68.79 F Recreation & Amenity 17,647,108 24,605,700 71.72 G Agriculture, Education, ------Health & Welfare 3,867,245 6,744,800 57.34 H Miscellaneous Services 5,132,520 6,794,900 75.53 J Service Support Costs 18,874,716 25,098,900 75.20 TOTAL: 158,860,580 227,114,400 69.95

INCOME

13

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € %

A Housing & Building 15,574,407 33,378,900 46.66 B Road Transportation & Safety 8,673,229 13,570,800 63.91 C Water Services 5,585,228 9,540,800 58.54 D Development Management 1,714,145 3,495,000 49.05 E Environmental Services 17,483,886 27,917,300 62.63 F Recreation & Amenity 3,795,029 5,721,200 66.33 G Agriculture, Education, ------Health & Welfare 3,758,453 6,070,100 61.92 H Miscellaneous Services 1,329,119 1,345,200 98.80 SUB TOTAL: 57,913,496 101,039,300 57.32 Commercial Rates 66,848,282 83,151,100 80.39 Local Government Fund 37,960,733 41,424,000 91.64 TOTAL INCOME: 162,722,511 225,614,400 72.12

SURPLUS/DEFICIT at 30/09/2008 3,861,931

Date 20/10/08

Signed: M.Hogan Head of Finance”

C/538/08 Temporary Borrowing By Way Of Overdraft, Half Year Ending 30th June, 2009

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

“The Council authorised borrowing to a maximum of €6.5m by way of temporary overdraft on the County Fund for the period 30 th June 2008 to 31st December 2008. It is necessary to continue the overdraft facilities for the period 1 st January 2009 to 30th June 2009 to a maximum of €6.5m.

Consent of the Council to this proposal, subject to the sanction of the Minister for the Environment, Heritage and Local Government, is now required.

______Michael Hogan Head of Finance Department”

It was proposed by Councillor L. Cosgrave, seconded by Councillor A. Culhane and RESOLVED :

“That the report of the Manager be AGREED .”

C/539/08 Proposed Disposal of Properties

Proposed Disposal of Properties at Goatstown Close

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

14 “COMHAIRLE CHONTAE 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 Goatstown Close, Goatstown Road, Dublin 14, provided under the 1999 Affordable Housing Scheme

In accordance with the Affordable Housing Scheme 2007, adopted by Council at its meeting held on the 11 th December 2006, a draw was held on the 8 th June 2007 to determine the order in which applicants would be assessed for the offer of an Affordable dwelling.

Thirty-six affordable homes at Goatstown Close, Goatstown Road, Dublin 14 consisting of 1 x one-bedroom house, 28 x two-bed houses and 7 x three-bedroom houses have been constructed by Collen Construction Ltd on behalf of the Council and are being offered for sale in accordance with the 1999 Affordable Housing Scheme.

The land on which house nos. 2 – 10 are situated is registered on Folio No 5832F County Dublin.

The land on which house nos. 52, 54, 55, 56, 57, 58, 59, 63, 64, 65, 68 & 69 are situated was acquired from Richard Bertrand Simon Corballis by Deed of Assignment & Conveyance dated 16 th April 1958.

The Council has previously approved the disposal of thirty-four units to applicants obtaining mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing. However, three applicants have since decided not to proceed with the purchase of a unit in this development and therefore it is now proposed to dispose of two of the five remaining units to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies and who are now in a position to purchase an affordable unit.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two units to eligible applicants who have accepted a Provisional Offer and who qualify for mortgage finance from one of the lending agencies approved to provide mortgages for the purchase of Affordable Housing (schedule available at the meeting). These units are being offered in accordance with the order in which applicants’ names were placed on the List from the draw held on the 8 th June 2007. A drawing showing the location of the units will be available at the meeting.

The consent of the Council is sought for the disposal of these properties to the eligible applicants listed on the Schedule.

24 th October 2008 Signed: Kathleen Holohan Director, Housing”

It was proposed by Councillor G. Horkan, seconded by Councillor L. Cosgrave and RESOLVED :

“That the proposed disposal of affordable housing units as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/540/08

15 Proposed Disposal of Properties

Proposed Disposal of Properties at the Belfry, Parkview, Stepaside

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

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

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing unit at The Belfry, Parkview, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Act 2000 (as amended)

In accordance with the Affordable Housing Scheme 2007, adopted by Council at its meeting held on the 11 th December 2006, a draw was held on the 8 th June 2007 to determine the order in which applicants would be assessed for the offer of an Affordable dwelling.

The Council has acquired fifty-nine apartments at The Belfry, Parkview, Stepaside, Dublin 18, consisting of 17 x one-bedroom and 32 x two-bedroom and 10 X three- bedroom apartments under Part V of the Planning & Development Acts 2000 – 2002, from John Fleming Construction Ltd.

The Council has previously approved the disposal of fourteen units to applicants obtaining mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing. It is now proposed to dispose of a further unit to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies and who is now in a position to purchase an affordable unit.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of one further unit to an eligible applicant who has qualified for mortgage finance from one of the lending agencies approved to advance mortgages for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the order in which the applicant’s name was placed on the List(s) from the draw held on the 8 th June 2007. A drawing showing the location of the unit will be available at the meeting.

The consent of the Council is sought for the disposal of this property to the eligible applicant listed on the Schedule.

24 th October 2008 Signed: Kathleen Holohan Director, Housing

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

“That the proposed disposal of affordable housing units as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

16 C/541/08 Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interest to Lessees who Purchased Under the Tenant Purchase Scheme

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

“COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DHÚN (Dun Laoghaire-Rathdown County Council)

TO EACH MEMBER OF DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

LOCAL GOVERNMENT ACT 2001 - SECTION 183

LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978

DISPOSAL OF FEE SIMPLE INTEREST TO LESSEES WHO PURCHASED UNDER TENANT PURCHASE SCHEME

It is proposed to dispose of the fee simple interest to the lessees of the dwellings set out hereunder.

The purchase price calculated in accordance with the provisions of Section 17(3) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and Circular Letter H41/78 from the Department of the Environment, Heritage and Local Government will be twenty times the annual ground rent.

The sites in question are shown outlined in red on the drawing which will be submitted to the meeting. The Law Agent has advised that the lessees are entitled to purchase the fee simple interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment Heritage and Local Government. A fee of €25.39 will be payable for the issue of the Transfer Order as per Circular Letter H33/78. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the fee simple.

NAME DWELLING ANNUAL GROUND RENT £ € (names withheld) (address supplied) 0.05 0.06 (names withheld) (address supplied) 0.05 0.06

DATE: 22 October 2008 SIGNED: KATHLEEN HOLOHAN DIRECTOR OF HOUSING

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

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

C/542/08 Proposed Disposal of Properties

17 Proposed Disposal of Leasehold Interest in an Area of Land at (address supplied)

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

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

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD 2004

Proposed Disposal of leasehold interest in an area of land at (address supplied) to (names withheld)

An application was received from (names withheld) to acquire an area of land adjacent to (address supplied) as shown outlined on Drawing No. PL-08-362 . The land is registered in the Land Registry, Co. Dublin to the Council under Folio 147692F . The land was acquired from (name withheld) on 19 th July 1999 for the construction of the South Eastern Motorway.

The matter was then referred to the Chief Valuer who entered into negotiations with (name withheld) and agreed the following terms and conditions: -

(1) That the subject plot shall be disposed for a consideration of €20,000 (twenty thousand euro) to the applicant. (2) That the plot to be disposed of comprises an area measuring circa.252 sq.metres and is shown outlined in red on Drawing No. PL-08-362. (3) That the subject plot shall not form part of a planning application for development for any purpose on the subject plot or on an adjoining plot. (4) That the applicant shall be granted a lease of the subject plot for garden purposes only and that no commercial use or buildings shall be permitted thereon. (5) That the lease shall be for a term of 25 years with 5 yearly rent reviews linked to the C.P.I. at an initial rent €1 per annum (if demanded). (6) That the applicant shall construct an appropriate boundary wall enclosing the plot, as specified by Dun Laoghaire Rathdown County Council. (7) That the applicant shall be responsible for the payment of the Valuer’s fees plus the Council’s legal fees. (8) That a wayleave shall be retained by the County Council for access to services, pipes and any manholes on the subject plot. (9) As the subject plot is adjacent to a Bord Gais Eireann wayleave the applicant should observe the following: - the wall and footings of the boundary wall shall lie wholly outside the Borad Gais Eireann wayleave and any directions given by Bord Gais Eireann during construction work must be adhered to. - Bord Gais Eireann shall be advised at least one week before any work commences on the boundary wall. - The guidelines in the enclosed Bord Gais Eireann “Code of Practice” must be observed. (10) That the above terms are subject to the necessary approvals and consents being obtained.

The relevant Council Service Departments have no objections to this disposal.

18 This proposed disposal was included as an item for consideration on the agenda for the Dundrum Area Committee Meeting (Transportation, Economic Development and Planning) held on Wednesday 29 th October 2008.

It is proposed to dispose of the Leasehold Interest in the area of land measuring circa. 252 sq. metres at (address supplied) as shown outlined on Drawing No. PL-08-362, to (names withheld) in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the Chief Valuer’s terms and conditions as aforementioned.

Owen Keegan, County Manager.

Dated 23 day of October 2008.”

It was proposed by Councillor M. Baker, seconded by Councillor J. Dillon Byrne and RESOLVED :

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

C/543/08 Proposed Disposal of Properties

Proposed Granting of a 25 Year Licence to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin

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

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

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD. 2128

Proposed granting of a 25 year Licence to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin.

The proposed granting of a Licence approved by Resolution of the Council at Full Council Meeting held on the 10 th December 2007 authorised the granting of a licence for a period of 10 years to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin.

The Trustees of Deerpark Tennis Club have now applied to the Council to extend the Licence from a period of 10 years to a period of 25 years to manage the clubhouse and tennis courts measuring circa. .38 hectares at Deerpark, Mount Merrion, Co. Dublin as shown outlined on Drawing No. DRP 1565.

The land was acquired in 1963 by Dublin County Council (of which Dun Laoghaire Rathdown County Council is the legal successor in title) from Francis Wilson and Charles Maher and is registered in the Registry of Deeds in Book 19 No. 220 as Freehold.

19

The Council’s Parks (CCDA) Department has no objection to the proposed granting of a 25 year Licence.

The following terms and condition to apply:

1. (a) The Club shall maintain and use the tennis courts for the playing of tennis games.

(b) The Club shall maintain, use and control the clubhouse as a recreational facility for tennis players and for other recreational and community purposes as may be decided by the Club from time to time.

2. The Club shall at all times manage the tennis courts and the pavilion in such a manner so that they shall be an amenity to the neighbourhood and they shall not allow them to be used so as to be a nuisance to persons using them or to the owners or occupants of surrounding houses or to members of the public. In particular they shall not allow undue noise or commotion on the tennis courts or in the clubhouse.

3. (a) The Club shall at all times maintain proper order and conduct on the tennis courts and in the clubhouse and shall exclude from them any person whose conduct is not proper, orderly and decent.

(b) Except during the playing of certain prearranged tournaments, championship and league matches etc., the Club shall ensure that one court be nominated and made available on a first come, first play basis to persons who are not members of the Club. There shall be separate waiting lists for the member’s court and non-member’s court. In the absence of non-members seeking to play, the members may use all of the courts. Where the court nominated for non-members is being used by Club members and a non-member seeks to play, the non-member shall have next call on the court and ahead of any waiting Club member.

4. The Club may set the annual membership fee for individuals and families. The Council may seek to consult with the club regarding the charge to be levied.

5. Any use of the tennis courts must be in accordance with the foregoing conditions. In addition to these the Club must take particular care to ensure that all such activities on the tennis courts are of a safe nature and so conducted so as to ensure that no avoidable danger is caused to participants, spectators or to any other persons or property and that any equipment brought on to the tennis courts is safe and in good order for the purpose for which it may be used. The Club shall ensure that no vehicles enter on to the courts at any time without the prior approval in writing of the Council save in the case of emergency.

6. The lands shall only be used as a recreational facility for the playing of tennis games.

7. The Club shall indemnify the Council against all claims for injury or damage to any persons or property arising from authorised use of the tennis courts or any other activities carried out thereon or for the authorised use of the tennis courts and the clubhouse or any activities carried out therein and shall take out and at all times during the continuation of this agreement

20 maintain (and produce to the Council on demand satisfactory written evidence thereof) with a reputable insurance company, a policy of insurance initially in the amount of €6.5m or the upper limit available from reputable insurance companies ( or, in the case of more than one upper limit being offered by reputable insurance companies, the higher upper limit on offer) whichever of the two is lower , in respect of any one claim, which sum shall be increased or decreased on the 1 st of January each year in line with the Consumer Price Index, indemnifying the club and the Council against every and all such claims. The policy shall include the condition that in the event of it being cancelled or reduced the Council shall be notified by the Insurer.

8. The Club shall be entitled to maintain and repair (and it acknowledged by the parties that any such maintenance and/or repair shall not constitute consideration for this agreement), but not alter, the tennis courts or the clubhouse in any material way.

9. The Council may by notice in writing to any of the Trustees advise of any breach of condition herein contained or of any failure to observe and perform any of the terms and covenants of this agreement and shall allow a period of fifty six days for the Club to make good or put right said breach of condition. Should the Club subsequently fail to amend the breach within the said period of 56 days, the Council may by notice in writing to any of the Trustees cancel this agreement and revoke this licence. In the event of this agreement being determined for any reason, the Council undertakes to reimburse the Club for its proportionate capital investment in the clubhouse and in any related developments on the tennis courts, such figure to be based on the current value of same at date of determination of the Agreement or to provide equivalent alternative facilities. In the event that agreement on this figure cannot be mutually agreed upon then the matter shall be referred to a single arbitrator to be mutually agreed by the Club and the Council. In the event of failure to agree on a mutually acceptable arbitrator, then the matter shall be referred to an Arbitrator who shall be appointed by the President for the time being of the Law Society.

10. The Club shall make available the use of the courts for tennis coaching or tournaments or summer projects etc. if requested to do so by the Council, based on an annual programme to be agreed in advance.

11. The Club shall be liable for and pay and discharge all rates, taxes, duties, charges, impositions, assessments and outgoings whether parliamentary local or of any other description which are now or may be at any time hereafter assessed, charged or imposed upon or payable in respect of the clubhouse.

12. The Club shall not be open between the hours of 10pm and 8am except in exceptional circumstances.

13. The Club shall be responsible for the collection of litter on the tennis courts and in the vicinity of the tennis pavilion, keeping clean both the clubhouse and the tennis courts.

14. The Club shall provide statistics and information relating to the use of the tennis courts and clubhouse annually to the Council.

15. The Club and the County Council shall meet annually, if requested, to review the operation of the courts and the clubhouse.

21 16. The club acknowledges that its occupation of the tennis courts and clubhouse shall be as a licensee only and not on foot of or in pursuance of any contract of tenancy. It is further acknowledged by the licensee that no relationship of landlord and tenant shall exist between the parties to this agreement throughout its duration and that the licensee will not attempt to exercise any rights pursuant to the Landlord and Tenant (Amendment) Act, 1980 nor any other landlord and tenant legislation.

17. The provisions of this agreement are intended to constitute a licence only, possession of the premises shall be retained by the Council subject to the rights granted by and to the provisions of this agreement.

18. An annual licence fee of €100 (which will be index linked) shall apply.

It is proposed to grant a licence for a period of 25 years to the Trustees of Deerpark Tennis Club, Deerpark, Mount Merrion, Co. Dublin in the area of land measuring circa. 0.38 hectares at Deerpark Tennis Club,Deerpark, Mount Merrion, Co. Dublin, as shown outlined on Drawing No. DRP 1565 in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 on the terms and conditions as aforementioned.

Owen Keegan, County Manager.

Dated 23 day of October 2008.”

It was proposed BY Councillor L. Cosgrave, seconded by Councillor R. Holohan and RESOLVED :

“That the proposed granting of lease as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/544/08 Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interest Pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and subject to the provisions of Section 183 of the Local Government Act 2001

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

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

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

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

It is proposed in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the

22 Local Government Act 2001 to dispose of the Fee Simple Interest to the lessees of the dwellings as set out hereunder.

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

The sites in question are shown outlined on attached Drawing Number PL-08-393 and The Law Agent has advised that the lessees are entitled to purchase the Fee Simple Interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment, Heritage and Local Government. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the Fee Simple.

Ground Rent Dwelling Annual Consideration Drawing No. Lessees Ground Rent € € (names withheld) (address 19.05 977.80 PL-08-393 supplied)

It is proposed that the Fee Simple Interest in the property listed above be disposed of in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act, 2001. The Seal of the Council is to be affixed to any necessary legal documents involved.

Owen Keegan, County Manager,

Dated this 23 day of October 2008.”

It was proposed by Councillor T. Kivlehan, seconded by Councillor C. Smyth and RESOLVED :

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

C/545/08 Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interest Pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act 2001

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

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

23

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

THE LANDLORD AND TENANT ACTS 1967 TO 2005

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

The Proposed disposal of the Fee Simple Interest at (address supplied)was approved at full Council Meeting held on Monday the 14 th April 2008.

It has now come to our attention that the consideration paid by (names withheld) of (address supplied) was incorrect. The Fee Simple Interest consideration due is €850.63. This amount has now been paid in full by (names withheld)

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

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

The site in question is shown outlined on attached Drawing Number PL - 08 – 067. The Law Agent has advised that the lessee is entitled to purchase the Fee Simple Interest on the terms proposed. Disposal will be by means of a Transfer Order as prescribed by the Minister for the Environment, Heritage and Local Government. Any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest shall attach to the Fee Simple.

Ground Rent Dwelling Annual Consideration Drawing No. Lessees Ground Rent € € (names withheld) (address 31.74 850.63 PL - 08 - 067 supplied)

It is proposed that the Fee Simple Interest in the property listed above be disposed of in accordance with the provisions of Section 17 of the Landlord and Tenant (Ground Rents) (No.2) Act, 1978 and subject to the provisions of Section 183 of the Local Government Act, 2001. The Seal of the Council is to be affixed to any necessary legal documents involved.

Owen Keegan, County Manager,

Dated this 25 day of October 2008.”

24 It was proposed by Councillor T. Kivlehan, seconded by Councillor C. Smyth and RESOLVED :

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

C/546/08 Section 73 of the Roads Act, 1993 – Extinguishment of Public Rights-of-Way over laneways at (A) Ashlawn Park, Ballybrack (6 No.) and (B) Daleview Park, Ballybrack, (2 No.)

(a) Ashlawn Park, Ballybrack, Co. Dublin.

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

“The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED by the Dun Laoghaire Area Committee at it’s meeting on Monday, 1 st September, 2008.

“The Public Consultation process to Extinguish the Public Rights-of-Way over the following laneways was commenced with the placement of an advertisement in the Irish Independent on the 10 th April, 2008:-

between House Nos. 29/30 and House Nos. 43/44 Ashlawn Park – Map No. TT-123-01-07

between House Nos. 101/102 and House Nos. 115/116 Ashlawn Park – Map No. TT-123-02-07

between House Nos. 117/118 Ashlawn Park – Map No. TT-123-03-07

between House Nos. 132/133 and House Nos. 142/143 Ashlawn Park – Map No. TT-123-04-07

between House Nos. 150/151 and House Nos. 160/161 Ashlawn Park – Map No. TT-123-05-07

between House Nos. 186/187 and House Nos. 196/197 Ashlawn Park – Map No. TT-123-06-07

Notices were also placed at either end of both laneways as required by Section 73 (1) (b) of the Roads Act, 1993. The closing date for the receipt of representations/submissions was Friday, 9 th May, 2008.

In relation to the laneway at No. 6 above, 1 representation was received within the statutory period. This submission was submitted seeking clarification that arrangements already in place on site at this location would remain.

The closing off of these areas was not undertaken by the County Council but there is no objection to it. Therefore this process could be regarded as regularising the position here.

There was no submissions/representation received in relation to other laneways listed.

25 As this is a Reserved Function, the matter is submitted for consideration by the Area Committee.”

The Committee NOTED the above report and recommended that the Rights-of- Way over the laneways listed above should be extinguished in accordance with the procedure set out in Section 73 of the Roads Act, 1993

As this is a Reserved Function of the County Council, it is necessary to pass a resolution as follows to confirm the Extinguishment of these Rights-of-Way :-

That this Council, having considered the Manager’s report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dun Laoghaire Area Committee arising from it’s meeting on the 1 st September, 2008, hereby RESOLVE to Extinguish the Public Rights-of-Way over the laneways in Ashlawn Park, Ballybrack, Co. Dublin as described in the foregoing report.”

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

“That this Council, having considered the Manager’s report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dun Laoghaire Area Committee arising from it’s meeting on the 1 st September, 2008, hereby RESOLVE to EXTINGUISH the Public Rights-of-Way over the laneways in Ashlawn Park, Ballybrack, Co. Dublin as described in the foregoing report.”

(b) Daleview Park, Ballybrack, Co. Dublin.

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

“The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED by the Dun Laoghaire Area Committee at it’s meeting on Monday, 1 st September, 2008.

“The Public Consultation process to Extinguish the Public Rights-of-Way over the following laneways was commenced with the placement of an advertisement in the Irish Independent on the 10 th April, 2008:-

at the rear of House No. 4 Daleview down to entrance to Mountain Villa, Ballybrack – (Map No. TT-122-01-07)

at the side and rear of House Nos. 56 & 57 Daleview leading onto Daleview Park - (Map No. TT-122-02-07)

Notices were also placed at either end of both laneways as required by Section 73 (1) (b) of the Roads Act, 1993. The closing date for the receipt of representations/submissions was Friday, 9 th May, 2008.

In relation to the laneway at No. 1 above, 6 representations were received within the statutory period. Of the 6 submissions received, 5 were submitted by the residents of the adjoining estate at Mountain Villa. Copies of these submissions/representations are attached for consideration.

26 Having reviewed the submissions received, it would appear that the residents of this estate are agreeable to the extinguishment of the Public Right-of-Way subject to the following:-

retention of their access to the laneway

the carrying out of some improvement works to the boundary between the road in their estate and the laneway i.e the building of a wall

the provision of a self locking gate from Mountain Villa into the laneway.

One other submission was received objecting to the extinguishment of the Public Rights- of-Way in both the laneways referred to above.

The commencement of the Extinguishment process was initiated by the Housing Department. The have been consulted in relation to the boundary issue and have advised that they have no provision in their Budget/Estimates for the building of a suitable boundary at this location.

In these circumstances, the residents may pursue their request for an Oral Hearing as provided for in Section 73 (1) (d) of the Roads Act, 1993 and there is no provision in either the Transportation or Housing Departments Budgets for the costs associated with holding such hearings.

As this is a Reserved Function, the matter is submitted for consideration by the Area Committee.”

Ms. Therese Langan S.E.O. advised the Members that it was necessary to formulate a policy in relation to the closing of laneways as it was becoming a very serious problem for the Transportation Department. She advised that a report was being prepared for consideration by the Transportation S.P.C. at it’s meeting on the 9 th September, 2008.

Pending the outcome of this process, it was AGREED that consideration of the extinguishment process in relation to laneway at the rear of 4 Daleview would be deferred.

In relation to the laneway at the side and rear of Nos. 56 and 57 Daleview, the Committee NOTED the above report and recommended that the Right-of-Way over this laneway should be extinguished in accordance with the procedure set out in Section 73 of the Roads Act, 1993

As this is a Reserved Function of the County Council, it is necessary to pass a resolution as follows to confirm the Extinguishment of this Right-of-Way:-

That this Council, having considered the Manager’s report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dun Laoghaire Area Committee arising from it’s meeting on the 1 st September, 2008, hereby RESOLVE to:-

(1) Extinguish the Public Rights-of-Way over the laneway at the side and rear of Nos. 56 and 57 Daleview Park, Ballybrack, Co. Dublin as described in the foregoing report and

(2) defer the Extinguishment of the Public Right-of-Way process in respect of the laneway at the rear of No. 4 Daleview, Ballybrack, Co. Dublin as set out in the foregoing report pending further consideration of County Council policy in relation to such extinguishments

27

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

“That this Council, having considered the Manager’s report prepared under Section 73 of the Roads Act, 1993 and having noted the recommendation of the Dun Laoghaire Area Committee arising from it’s meeting on the 1 st September, 2008, hereby RESOLVE to:-

(1) EXTINGUISH the Public Rights-of-Way over the laneway at the side and rear of Nos. 56 and 57 Daleview Park, Ballybrack, Co. Dublin as described in the foregoing report and

(2) DEFER the Extinguishment of the Public Right-of-Way process in respect of the laneway at the rear of No. 4 Daleview, Ballybrack, Co. Dublin as set out in the foregoing report pending further consideration of County Council policy in relation to such extinguishments.”

C/547/08 Section 49 Report of the County Manager submitted in accordance with the Planning and Development Acts 2000 – 2006, as amended. Proposed Draft Supplementary Development Contribution Scheme for the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme

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

A. Process and Statutory Requirement

Further to the initial preparations for the drafting of the proposed Section 49 Scheme, a synopsis of this Scheme was presented to the Local Ward Councillors by representatives of the Council’s Transportation, Planning and Environmental Services Departments on 23 June 2008.

At the Dun Laoghaire Rathdown County Council meeting held on 14 July 2008, the Section 49 – Supplementary Development Contribution Scheme for the Glenamuck District Distributor Road Scheme and Surface Water Attenuation Ponds Scheme, was presented to the elected Members. The County Manager recommended that ‘Subject to the approval of the Members .., …. that the Council initiate the formal statutory public consultation process in relation to the attached draft Section 49 Supplementary Development Contribution Scheme for the Glenamuck District Distributor Road Scheme and for the Surface Water Attenuation Ponds Scheme.’ Following discussion, responses to queries, and a roll call vote, it was proposed and seconded, and the motion carried, that the adoption process of the Scheme proceed, as proposed.

B. Nature and Extent of Proposed Development as described per public consultation

To briefly recap, the main aspects of the proposed Scheme are as follows :

• Dun Laoghaire-Rathdown County Council (DLRCC) has prepared a Draft Supplementary Development Contribution Scheme (SDCS) for the purpose of predominantly financing two infrastructural projects - the Glenamuck District Distributor Road Scheme itself and the Surface Water Attenuation Ponds which are required to effect the SUDS scheme drainage for the new roads and for the development lands within the LAP area.

28 • The road project consists of the provision of a new district distributor road (DDR) and a new link distributor road (LDR). The road layout is shown on Plan PL-08-293. The Scheme also consists of the provision of surface water attenuation ponds necessary to affect the Sustainable Drainage Strategy (SUDS) for the area. The surface water attenuation ponds serve two purposes namely: to provide 100% primary attenuation and treatment of the surface water run off from the proposed roads; and to provide secondary/regional attenuation and treatment for the new development site areas. Five pond areas are to be provided identified as, G1a, G1b, G2, G3 and B1 on Plan PL-08-293 (total land take for the pond area : 3.75 ha.)

• The area to which the scheme applies is the area of the Kiltiernan / Glenamuck Local Area Plan 2007 (approximately 174 hectares), and is outlined on Plan No PL – 08 - 293. Essentially all future developments falling within the catchment area of the proposed Scheme would be subject to a supplementary development contribution levy at the rates of : Residential: Contribution Rate of €43,448.00 per unit. Commercial: Contribution Rate of €200.00 per square metre. Retail: Contribution Rate of €200.00 per square metre.

• The cost of the project is estimated to be €143,126,392. This includes the estimated land cost (17.54 hectare extent) of €116,600,000 (as at 24 July 2008) plus 10% valuer's, legal fees and other contingencies. It also includes the estimated construction cost of €22,366,392, and the cost of the provision of bus rolling stock to facilitate the provision of a bus service along the Scheme. Dun Laoghaire Rathdown County Council is making a contribution of €10,000,000. On the basis of the above and taking into consideration the development potential of lands in the area to which the scheme relates, the levy contributions at €143,125,310 will facilitate the recovery of approximately 100% of the cost of the road proposal.

• It is recommended that the following categories of development be exempt from the requirement to pay contributions under this Section 49 Scheme:

1. Where the planning application relates to a development which in the opinion of the planning authority is to be carried out by or on behalf of a voluntary organisation and which in the opinion of the planning authority: • is designed or intended for social, recreational, educational (aside from private schools) or religious purposes by the inhabitants of a locality or by people of a particular group or religious denomination and is not to be used mainly for profit or gain • is designed or intended to be used as a work-shop, training facility, hostel or other accommodation for persons with disabilities and is not to be used mainly for profit or gain or • is ancillary to development referred to above.

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

3. House extensions and single replacement dwellings.

4. Family flats where the occupant has a genuine need to reside in the dwelling and is part of the family of the main house.

29

5. In the case of change of use where the intended use is likely to increase the demands on service, a contribution towards the cost of the services will be levied on the basis of 25% of the rate applied to new developments.

6. Large scale recreational developments (e.g. golf courses, sports pitches, tennis complexes, etc), excluding buildings and ancillary facilities.

For clarification purposes, surface car parking provision in non-residential developments will not be exempt from the requirement to pay development contributions.

• A reduced levy applies in the following circumstances : 1. Single residential developments where the applicant is native to the area and has close family ties with the area will be required to pay a reduced amount of €14,000 per unit, subject to criteria.

• The supplementary development contribution will be a condition of planning permission and will be levied at the given rates. DLRCC will collect the levies.

• This SDCS would come into effect when formally adopted by DLRCC. The Scheme shall run for a period of 25 years from the adoption date, unless substituted by some other time period. Any adjustment to the time period is a function reserved to the elected Members of the Council.

• This SDCS provides a level of contribution that shall be updated each year during the life of the scheme at an indexed rate of 5% per annum. The planning authority having regard to circumstances prevailing at that time may review the SDCS from time to time. Where it is proposed to reduce the level of contributions payable this may be attained by an amendment to the existing Scheme when agreed upon by the Elected Members. Any increase in contributions will require the adoption of a new or amended scheme by the Planning Authority.

C. Submissions/observations

1. Public notice procedures

In accordance with Section 48 (4) of the Planning and Development Acts, 2000-2006, notice of the proposed Scheme was given by the placement of public notices in the Irish Independent and Irish Times newspapers on 12 August 2008. Further, in accordance with Section 48 (5), a copy of the draft Scheme was forwarded to the Minister for Environment Heritage and Local Government. Plans and particulars of the Scheme were available for inspection up to and including Tuesday 23 September 2008, at the Public Concourse, County Hall, Marine Road, Dun Laoghaire; the Council Offices, Dundrum Office Park, Dundrum; and all branches of Dun Laoghaire-Rathdown libraries during library opening hours. The proposed draft Scheme was also on the Council’s website.

As a means of broadening the public consultation process beyond the statutory requirements, and to facilitate the public, and to answer queries with respect to the proposed scheme, two information sessions were held, at the following venue:- • Kilternan Country Market Hall, Enniskerry Road, Kiltiernan, Dublin 18, on Thursday 21 August 2008 between 10h00 to 14h00 and 17h00 to 21h00.

Notification of the information sessions was contained in the notice placed in the Irish Independent and the Irish Times on 12 August 2008. In addition, approximately twenty

30 two (22) Local Residents’ Associations, other Interested and Affected Parties, State agencies, Other representative bodies (including the Construction Industry Federation and IHBA), and all 28 DLR Elected Members were forwarded information regarding the proposed SDCS, including the dates and times of the information sessions.

Approximately thirty (30) people attended these two sessions. Key concerns / issues included: • Financial implications and ramifications of the Planning Authority borrowing money. • Perception that Planning Authority is funding developers. • Further exemptions for locals.

There were a number of queries relating to the detailed design, actual construction, alignment, impacts, and timing, of the proposed Glenamuck District Distributor Road Scheme (GDDRS). These issues would more properly be addressed during any future public consultation process associated with the overall GDDR Scheme application to be made to An Bord Pleanala, to include an Environmental Impact Assessment.

Various comments were also made regarding the zonings that had occurred during the County Development Plan (CDP) review process for the 2004 CDP, and regarding the Kiltiernan/Glenamuck Local Area Plan (adopted July 2007) process.

2. Submissions received

The closing date for receipt of submissions/observations was Tuesday 23 September 2008. Seventeen submissions were received (see Table below).

Table: List of Submissions/Observations Received Name Organisation Address 1 (name withheld) Planning & Urban Policy, Department of the Custom House, Dublin 1 Environment, Heritage and Local Government 2 (name withheld) Networks Operations, Bord Gais Networks Gaswork Road, Cork 3 (name withheld) - ‘Derryclaire’, Ballycorus Road, Kilternan 4 (name withheld) Of Atkins representing Jackson Family Atkins House, (Rockville House, Glenamuck Road, 150-155 Airside Business Park, Kiltiernan) Swords, Co. Dublin 5 (name withheld) - ‘Glenview’, Glenamuck Road, Carrickmines 6 (name withheld) Office of the Minister, Department of the Custom House, Dublin 1 Environment, Heritage and Local Government 7 (name withheld) - Terra Nova, Ballycorus Road, Kilternan, Dublin 18 8 (name withheld) Of John Spain Associates Planning & 10 Lower Mount Street, Dublin 2 Development Consultants representing Park Developments Group (The Herbert Building, The Park, Carrickmines) 9 (name withheld) - 261 Pearse Drive, Sallynoggin, Co. Dublin 10 (name withheld) - Liscahane, Ballycorus Road, Kilternan, Co. Dublin 11 (name withheld) - Cloghernagh, Glenamuck Road, Carrickmines, Dublin 18 12 (name withheld) - Shaldon Grange, Kiltiernan, Dublin 18 13 (name withheld) Chairperson, Kilternan Residents’ C/o Ferndale, Enniskerry Road, Association Kilternan, Co. Dublin 14 (name withheld) - Shaldon Grange, Kiltiernan, Dublin 18 15 (name withheld) - Shaldon Grange, Kiltiernan, Dublin 18

31 16 (name withheld) - Lonsdale, Ballycorus Road, Kilternan, Co. Dublin 17 (name withheld) Senior Executive, Irish Home Builders Construction House, Canal Association (IHBA) Road, Dublin 6

No Name (& Concern/Issue as raised in submission Response Organisation) 1. (name withheld) 1 The Department highlights that said Department 1. Noted. Planning & Urban initiated a review of the operation of the provision of Policy, the Development Contribution Schemes in late Department of 2005. Following this, revised policy guidance to the Environment planning authorities was issued in May 2007 Heritage and (circular letter PD 5/07 (attached)). Local 2 Each planning authority should carry out an 2. Noted. Government evaluation of its existing contribution scheme prior to drawing up a new / updated Scheme. The review should address various issues (listed). 3 The Council is thus requested to put in place the 3. Noted. The Draft of the proposed Scheme necessary arrangements to (1) carry out such an does include for the Monitoring and evaluation of the operation of the current Scheme, Review of said Scheme (No. 11. as part of the review, and (2) ensure the direct MONITORING AND REVIEW of Draft involvement of the County/City Development Board Scheme document). structure. A copy of this evaluation should be made available to the Department. 2. Networks 1 Bord Gais has neither comment nor any objection to Noted. Operations, Bord make in regard to either. Gais Networks 3. (name 1 The Link Distributor Road (LDR) alignment, as Noted. withheld) amended by (and adopted by the Councillors) as However, the Kiltiernan/Glenamuck Local Area part of the LAP process, now terminates at Plan (LAP) was adopted in July 2007 as per the Ballycorus Road. This introduces two 90 degree stipulated statutory process set out in the bends, and requires the widening of portions of Planning and Development Act, 2000 (as Ballycorus and Enniskerry Roads impacting on a amended). The submission comments re-visit number of properties. This decision is considered to the LAP consultation procedure and are not be undemocratic since the now affected residents relevant to the proposed Draft Section 49 were not consulted about this change. SDCS currently being consulted upon. The truncation of the LDR makes a mockery of the whole scheme. 4. (name 1 The road scheme described in the notice : 1 The LAP has been adopted (in July withheld) i Severs the existing road link into Wayside & 2007) as per the statutory process Celtic Football Club playing fields and adjacent 2 and said LAP is not required to lands and omits to provide a replacement address individual detailed road means of access and services. design issues which will be fully dealt ii Does not provide for access to the LAP with as part of the Compulsory proposed school site. Purchase Order (CPO) / iii Does not show or cost the provision for Environmental Impact Assessment vehicular and livestock crossing under the (EIS) procedure for new proposed link road severing the Rockville lands. infrastructure, which submission is 2 Cost calculations for the Section 49 Scheme omit : anticipated to be made to An Bord i Clear reference to the areas. Pleanala next year (2009). ii Breakdown of land areas required for roads and This Section 49 SDCS statutory attenuation ponds. process is not the appropriate iii References to replacement lands. process to be dealing with the afore- 3 The proposed Council cost contribution of €10 mentioned issues. million towards the overall estimated scheme cost is The land acquisition estimate allows considered well below the value of benefits that are for land accesses and / or general likely to arise within DLR and north Wicklow areas as accommodation works consistent a result of the new road scheme. with the existing land usage The proposed Council contribution There do not appear to be any detailed transport cost is the projected cost that would studies to support the accurate assessment of the comparative local / regional benefits of the Scheme. be necessary to upgrade the existing By omitting to include the required cost of land and sections of the Enniskerry, road construction to replace the existing accesses Glenamuck and Ballycorus Roads and services arrangements, this Section 49 Scheme within the LAP area to cater for fails to accurately estimate the realistic overall cost future extraneous traffic growth in of the Scheme. the absence of the intensification of development and necessary associated infrastructure as set out in the LAP. 5. (name 1 Objects to the new link road off Glenamuck Road Noted. Position of link road is in accordance withheld) being moved from ‘original’ designation – results in with adopted 2007 LAP (LAP Objectives O and requirement to acquire and demolish residence at P). This submission is not applicable to the ‘Glenview’, Glenamuck Road. current Draft Section 49 SDCS process. 6. (name 1 The Minister welcomes the use of the Section 49 1 Noted. withheld) Office Schemes as an innovative means of encouraging the of the Minister, development of specific infrastructural projects that i Noted. A copy of the Draft Section 49 SDC Dept of the benefit the community. He notes the content of the Scheme has been forwarded to the Dun Environment, draft SDCS and is encouraged by the level of Laoghaire-Rathdown County Development transparency shown and the availability of the Draft Board for their information.

32 Heritage and Scheme on the Council’s website. ii In accordance with Section 48 (4) of the Local The Local Authority may wish to take the following Planning and Development Acts, 2000- Government points into consideration when adopting the 2006, notice of the proposed Scheme was Scheme: given by the placement of public notices in i Planning Authorities are required to furnish all Draft the Irish Independent and Irish Times DCSs to the relevant County Development Board for newspapers on 12 August 2008. comment (Circular PD 5/2007) – DLRCC do not iii The levy per unit and per m2 (for make reference to such a consultation having commercial and retail) to be levied occurred. assumes that 100% of the cost of the ii The Planning Authority is required to publish a road and ponds infrastructure is to be notice in one or more local newspapers advertising recovered via the Section 49 Scheme, and the draft Scheme – It is not clear if this notice was thus is based on the development published. residential densities presented in the LAP iii The Planning Authority might wish to provide more and using plot ratios permitted in recent detail regarding the levy base on which the commercial / employment developments contributions for the commercial and retail sectors in the area. are calculated (Circular PD 05/2007). iv Advice from Senior Legal Counsel was iv The Planning Authority appears to intend to use the sought as to whether the costs associated contributions for elements that are not funded by with bus rolling stock can be considered to capital expenditure (e.g. Valuer’s & Legal fees, bus be ‘public infrastructure project or service’ rolling stock). The PA need to satisfy itself that within the meaning of Section 49 and expenditure is only made in relation to eligible therefore capable of being included in the elements of the scheme. Scheme. In a written response providing a v The Planning Authority may wish to satisfy itself that legal opinion, it is concluded that the the intention to cover 100% of the cost does not meaning and affect of the definition of conflict with the Department’s advice in Circular PD ‘public infrastructural project or service’ is 04/2003. The PA also need to check that double capable of including the provision of bus charging will not occur and that the scheme will not rolling stock. This is bolstered by the include benefits that accrue in respect of existing provisions of Section 49(4) to the effect development. that an agreement may be entered into vi The PA also needs to be mindful of policies adopted with third parties in relation to the (including contribution levels) by local authorities in provision of a service, which appears to be the immediate area for comparison. in contemplation, by the provision of the bus rolling stock. Valuer’s and Legal Fees form part of the CPO costs. v It is the objective of the Council to raise 100% of the cost of road and pond construction via the Scheme, including land acquisition costs, since there is no other source of funding available to the Council to construct said. Other than a small degree of infill development, no significant development will be appropriate in the absence of the Glenamuck District Distributor Road Scheme (GDDRS) and as a result is essential to the realisation of the LAP objectives. As the GDDRS is essential to development, its provision will significantly enhance the value of lands in the LAP area. The benefits that will be created in terms of higher property values are estimated to be in excess of €800 million (i.e. the difference between the current value of the land and the value of the area when ready for development with services). The value created is thus well in excess of the construction of the road and pond Schemes, even discounting benefit accruing to existing development. In principle, 100% of the cost of the Schemes can be recovered via the Section 49 Scheme. Funds sought for this Scheme are separate from any County-wide Section 48 levies. vi There are no similar Schemes by local authorities in the immediate area (i.e. Wicklow County Council or Bray Town Council) to make an appropriate comparison. 7. (name 1 Considered to be a waste of taxpayers’ money. 1 & withheld) • Current low traffic flows undermine the need 2 The Kiltiernan/Glenamuck LAP includes for the Link Distributor Road (LDR). the accommodation/provision of the • If landowners & developers wish to develop GDDRS roads as finally adopted in July lands in Kiltiernan, said should apply for 2007. This Section 49 SDCS statutory planning permission and build roads within process is not the appropriate process to resultant developments. Taxpayers should not be dealing with the appropriateness of the subsidise developers. GDDRS and its alignment in the adopted 2 Glenamuck District Distributor Road design report LAP.

33 was flawed in that study was done before the M50 In undertaking to provide the roads (and was completed. Traffic flows are currently a quarter ponds) and to effect any necessary of those predicted. Compulsory Purchase of lands required for their construction, the Council is ensuring the required infrastructure is completed in tandem with development. This approach also avoids a situation where individual landowners could hold up the construction of the required infrastructure, as could be the case if it was constructed by the private sector. In this context, the Scheme is considered to be an incentive to development and is a proactive measure to assist investment. 3 DLRCC should put financing of the GDD and LD 3 The detailed road design issues will be Roads on hold and initiate a full environmental fully dealt with as part of the Compulsory impact assessment within context of CDP Review Purchase Order (CPO) / Environmental process. Impact Assessment (EIS) procedure for new infrastructure, which submission is anticipated to be made to An Bord Pleanala next year (2009). 8. (name 1 It is considered that the proposed development 1 The roads and ponds infrastructure are withheld) (Of contributions are excessive and would discourage needed to serve the development as John Spain development in the Glenamuck / Kiltiernan area envisaged in the adopted LAP. The Associates, rather than promoting consolidation of the area in proposed contributions reflect the cost per Planning & Dev. accordance with national, regional and local policy. unit and per m2 of purchasing the Consultants, required land and constructing afore- representing mentioned said infrastructure. Park 2 It is considered appropriate (given the cost of the 2 In reviewing the Planning & Development Developments Scheme) that the Section 49 catchment boundary Act, it would appear that it would be Group) be extended to include significant undeveloped lands inequitable to change the boundary at a immediately east and south of the existing later stage. A landowner/developer boundary. It is considered appropriate that further currently outside the Scheme could lands are rezoned which land development would reasonably purchase or seek to develop a contribute financially towards the public piece of land on the basis that they are infrastructure thereby making such provision outside the Scheme, only to later find the economically viable. lands were included. If the area of the Scheme was to be extended, it would appear that it could only happen by way of a change to the Scheme, or the preparation of a new Scheme, which would undergo the same drafting and public display as the original scheme. This is supported by Section 49 (2) (b) of the Act It would appear if the lands outside the Scheme catchment were zoned that directly benefit the Scheme, the most fair and equitable way to deal with this whilst encouraging no legal challenges are mounted by either those inside or outside the Scheme would be to leave the red line boundary as it is for the time being and make a new Scheme (which would effectively be an alteration to the proposed Scheme) if and when additional lands are zoned. 3 The Draft Section 49 DCS does not adhere to the 3 In undertaking to provide the roads (and guideline note in the DoEHLG circular (PD 4/2003) ponds) and to effect any necessary that excessively high contributions should be Compulsory Purchase of lands required for avoided. As a result proposed contributions may their construction, the Council is ensuring have a negative impact on development in the LAP the required infrastructure is completed in area. tandem with development. In this context, the Scheme is considered to be an incentive to development and is a proactive measure to assist investment. The high cost of land in the LAP area has also contributed to the high cost of the Scheme. An evaluation from the City Valuer estimates that the cost of the 17.54 ha that are required will be approx. €116,600,000 (as at 24 July 2008) excluding associated costs. This places a value of €6.7 million per hectare on the land. The benefits that will be created in terms of higher property values are estimated to be in excess of €800 million. The value created by the Scheme is thus well in excess of the cost of construction of the roads and ponds, even discounting benefit accruing to existing development.

34 4 There are options available to the local authority to 4 In the identified catchment area, planning keep development contributions fair. For example, permissions will be subject to the Kilternan/Glenamuck area be exempt from the development levies applicable under this payment of Section 48 contributions for ongoing Section 49 Scheme in addition to those public facilities and services. The proposed Section payable under the Section 48 Levy 49 contributions need to be reduced in order to Scheme. (Part of the area of the scheme permit balanced development in the area. to the north is also subject to the Section 49 Scheme for the Luas Line B1 extension and the provision of this scheme will apply to these lands). Neither the GDDRS nor the Surface Water Attenuation Ponds Scheme are pieces of infrastructure identified under the afore-mentioned Section 48 Scheme (adopted on 21 January 2004.) Under the S48 Scheme, the contributions to be paid (except where an Exemption applies) are in respect three different classes of public infrastructure and facilities, as explicitly listed. The Kiltiernan/Glenamuck area cannot be exempted from the payment of Section 48 contributions since this contribution is for particular said public facilities and services, which will also benefit future residents. 5 The proposed Exemptions should be revised so that 5 The concern is acknowledged, and it is car parking is only levied whereby it forms a recommended that the Scheme be commercial development in itself. It is considered amended to facilitate this exemption. that development contributions should not be Please note : Car parking where it forms a applied to car parking provision (in non-residential commercial development in itself (e.g. car developments) where the car parking provision is parking garage), if applicable, it is clearly ancillary to the main use of the building. proposed will be levied at €200/m2. 9. (name 1 Considering the current economic climate, €43,448 1 In undertaking to provide the roads and withheld) per unit would appear to be excessive. It may ponds and to effect any necessary preclude many people who wish to build a one-off Compulsory Purchase of lands required for private dwelling & will have repercussions for their construction, the Council is ensuring developers. the required infrastructure is completed in tandem with development. This approach also avoids a situation where individual landowners could hold up the construction of the required infrastructure, as could be the case if it was constructed by the private sector. In this context, the Scheme is considered to be an incentive to development and is a proactive measure to assist investment. It is proposed that single residential developments where the applicant is native to the area and has close family ties with the area will be required to pay a reduced amount of €14,000 per unit. 2 It is suggested that the reduced levy should apply to 2 The adopted 2007 LAP includes guidelines development of more than one dwelling for people for the preferred residential densities to native to the area. (Section 7.0) be provided at this identified development node in the 2004 CDP. The prescribed densities are considered to be the most efficient use of the lands, and would assist in meeting the anticipated development needs. It is thus preferable that lands to be developed would be in accordance with the guideline densities (three density bands), and the levy contribution has been calculated in line with these stipulated development densities. It would not be desirable to have developments comprising low numbers of units as these low densities would fail to facilitate sustainable development. It is acknowledged however, that some smaller / constrained sites may be incapable of facilitating larger scale developments and residents may wish to only develop some infill development and this could be facilitated. Thus, it is proposed to accommodate said local residents in this regard. Further, single residential developments will attract a reduced levy amount of €14,000 per unit. 10 (name 1 Existing LAP : If the Scheme proceeds it will 1 The Kiltiernan/Glenamuck Local Area Plan withheld) undermine the existing LAP and other infrastructural (LAP) was adopted in July 2007 as per the elements. The proposed Scheme is in fact a new LAP stipulated statutory process set out in the

35 proposal, which will negate the previous (LAP) public Planning and Development Act, 2000 (as consultation process in toto. amended). This Scheme is not considered to undermine the LAP (as adopted by the Elected Members) nor the statutory LAP consultation procedure. The purpose of the Scheme is to facilitate the funding of the roads and ponds infrastructure of the LAP. 2 The Council’s (supporting) Information 2 Documentation contains some ‘strange assumptions’. i Zoned land is referred to as ‘agricultural land i Irrespective of the terminology used to with a hope value’ (3.3. pg 8 Information describe land, an estimated € value per Document). Zoned land has long ceased to hectare (provided by the City Valuer in have an agricultural value. end July 2008) has been used for the purpose of calculating land cost. ii Making a comparison with two large Metro ii The proposed Section 49 Scheme is Schemes and this proposed Scheme is not intended to fund the roads and ponds appropriate. The proposed Section 49 infrastructure which are essential to cater Scheme will only be of benefit to a small for the level of development set out in the number of people within the Council area. approved LAP. As such it will facilitate the development of new homes along with commercial development. iii The majority of citizens in the County will iii The levy will be collected over a prolonged suffer reduced funding for their period during the lifetime of the scheme infrastructural requirements because the (25 years). To protect the real value of Council will have to service the interest the SDCS, the levy rate is indexed at 5% payments on the large borrowing required per annum. This provides for assurance for the Section 49 Scheme. into the future. iv The argument for the need for the two roads iv The Kiltiernan / Glenamuck LAP includes and that existing roads cannot be widened the accommodation / provision of the was fully debated as part of the LAP process. GDDRS roads as finally adopted in July The Council ‘recycles’ the debate presenting 2007. it as ‘something new’. 3 Underwriting the developer’s margin – 90% of the 3 In undertaking to provide the roads and cost of the Scheme is ‘handed over’ to landowners ponds and to effect any necessary (most of them developers) for lands to be CPO-ed Compulsory Purchase of lands required for for the two roads. their construction, the Council is ensuring the required infrastructure is completed in tandem with development. This approach also avoids a situation where individual landowners could hold up the construction of the required infrastructure, as could be the case if it was constructed by the private sector. In this context, the Scheme is considered to be an incentive to development and is a proactive measure to assist investment. 4 The Council’s commitment to pay for good public 4 The commitment to public transport was transport is welcomed. However why was this evident in the Manager’s Report during commitment not evident in the Manager’s Report the LAP process and in the adopted LAP. during the LAP process? The transportation policies and objectives informing the design of the GDDR Scheme reflect the central elements of both the 2004 County Development Plan and the Dublin Strategy contained in the ‘Platform for Change, 2000-2016’. The design provides for public transport infrastructure along the entire length of the GDDR scheme. Road space in the form of hard shoulders and/or additional verges has been set aside for the provision of 3.0 - 3.5m bus lanes in the Scheme. The GDDR Scheme design has included for both pedestrian and cyclist infrastructure along the entire length of the GDDR scheme. Footpaths and cyclepaths 2.0m wide have been provided either side of the proposed roads. 5 The proposed Section 49 scheme represents an 5 The levy will be collected over a prolonged effort to re-write the LAP in a manner that may period during the lifetime of the scheme generate revenue from built units in the future. The (25 years). To protect the real value of suggestion that the cost of the infrastructure can be the SDCS it is necessary to index the recovered via this Scheme over the next 25 years is nominal rate to an appropriate inflation highly speculative given the present economic factor. Different indexation factors are climate. The Council has no mandate to speculate available. The discount rate as with taxpayers’ money. recommended by the Department of Finance since the early 1990s (i.e. as per 1994 Guidelines), is a rate of 5% per annum. This has approximated the rate paid on public debt in Ireland in the past.

36 Thus in order to protect the real value of the scheme, the index factor is set with reference to the appropriate discount rate, not some inflation index that may or may not have a superficial association with the building of the road and ponds. A discount rate of 5% per annum is thus used for the Scheme, which is consistent with the approach used in other Dublin schemes. As a result the levy rate is indexed at 5% per annum. This has the advantage of reducing a potentially important risk factor from the scheme – the timing of the scheme. 11 (name 1 Whilst acknowledging that only submissions in Noted. The adopted Kiltiernan/Glenamuck LAP withheld) respect of the financial aspects of the Scheme are includes the accommodation/provision of the sought, observations in respect of the alignment and GDDRS roads as finally adopted in July 2007. design of the detailed aspects of the Glenamuck The individual detailed road design issues will District Distributor Scheme (GDDRS) are outlined. be more fully dealt with as part of the (See full submission) Compulsory Purchase Order (CPO) / Environmental Impact Assessment (EIS) procedure for new infrastructure, which submission is anticipated to be made to An Bord Pleanala next year (2009). This Section 49 SDCS statutory process is not the appropriate process to be dealing with the afore-mentioned issues. 12 (name withheld) 1 The economic forecast has changed radically since 1 In undertaking to provide the roads and the GDDR was conceived and designed. ponds and to effect any necessary • The residential market for the near future is a Compulsory Purchase of lands required for buyer’s market – buyers will be seeking value their construction, the Council is ensuring for money and comparing prices. the required infrastructure is completed in • The GDDR will add little/no perceived value to tandem with development. In this context, prospective residents/purchasers – will thus not the Scheme is considered to be an pay a premium for a property within the LAP incentive to development and is a area. proactive measure to assist investment. • The large levy/unit erects a long-term The development contribution levy rates commercial barrier to development within the are considered reasonable given the LAP area relative to surrounding areas. benefits the infrastructure will bring to the 2 Suggestions to solve the cost problem raised by the area. By reducing traffic on the existing GDDRS: road network and facilitating access to • Reduce the scale and capacity of the planned zoned lands, it will improve the area’s GDDR. attractiveness and marketability for both • Review the extent of the GDDR with a view to residential and commercial developments. omitting elements from the Scheme and By providing attenuation ponds, it will thereby reducing the cost. effect the proper implementation of a SuDS programme for the area. • Given a ‘surplus’ of housing in the County (& As the road and its associated less pressure on ‘Objective A’ zoned lands), one might re-consider the density targets infrastructure is essential to development, within the LAP area. If these were revised its provision will significantly enhance the downwards, the requirements on the GDDR value of lands within the LAP area. The could be scaled back or could be eliminated benefits that will be created in terms of altogether. Upgrades to Glenamuck and higher property values are estimated to Enniskerry Roads could be effected instead. be in excess of €800 million (i.e. the difference between the current value of • Revise the proportion of the Council the land and the value of the area when contribution to the Scheme. Beneficiaries of the ready for development with services). Scheme extend well outside the LAP area. The Kiltiernan/Glenamuck LAP includes the accommodation/provision of the GDDRS roads as finally adopted in July 2 2007. This Section 49 SDCS statutory process is not the appropriate process to be dealing with the appropriateness of the GDDRS and its alignment in the adopted LAP. The proposed Council contribution cost is calculated as the projected cost that would be necessary to upgrade the existing sections of the Enniskerry, Glenamuck and Ballycorus Roads within the LAP area to cater for future extraneous traffic growth in the absence of the intensification of development and necessary associated infrastructure as set out in the LAP. 13. (name 1 The Kilternan Residents’ Association (KRA) believes In undertaking to provide the roads and ponds withheld) the Scheme is flawed and should not proceed in its and to effect any necessary Compulsory Chairperson present form. The initiative will benefit developers Purchase of lands required for their Kilternan who will sell their land and get their roads built at construction, the Council is ensuring the Residents’ the taxpayers expense. The initiative, which appears required infrastructure is completed in tandem Association to be designed to kick-start building and with development. This approach also avoids a

37 development in the area, is not the best use of local situation where individual landowners could monies. hold up the construction of the required infrastructure, as could be the case if it was constructed by the private sector. In this context, the Scheme is considered to be an incentive to development and is a proactive measure to assist investment. 2 The Residents’ Association recommend rejection of 2. the Scheme for the following reasons : i Due to long planning processes and current i This SDCS provides a level of contribution climate there is no guarantee that developers that shall be updated each year during the will develop. DLRCC will have to wait a life of the scheme at an indexed rate of considerable time to receive levy monies. 5% per annum. This provides for Interest on loan repayments over 25 years assurance into the future. could potentially cost €6-7 million of taxpayers’ Existing residents will benefit from the money annually. proposed infrastructure. By reducing ii Existing residents should be exempt from ii traffic on the existing road network, paying the levy and should not have to fund improving safety, facilitating access to access for new developments (by developers). zoned lands, and offering easier access to iii New residents will have to contribute to a very iii the M50, it will improve the area’s expensive Scheme ‘with developers set to gain attractiveness and marketability for both by having DLRCC underwrite the developer’s residential (and commercial) profit margin’. developments. By providing attenuation iv The KRA rejects DLRCC taking green space iv ponds, it will effect the proper within the LAP for part of the ponds area. implementation of a SuDS programme for v In summary : v the area. It is considered that given that • DLRCC has rezoned tracts of land in the there will be benefit to existing residents LAP area despite submissions received with a positive impact on the value of against said. developed properties, that existing • The proposed Section 49 undermines residents should make some contribution the current LAP by including an to said infrastructure. inaccurate LAP objective wrt reversing A reduced levy is proposed to apply for population trends. single residential developments undertaken by local residents. • DLRCC couldn’t encourage developers to fund opening up their lands and have See 1. above. thus decided to fund and buy all the The location (and size) of the five pond land themselves. areas were identified further to an investigation as being the most appropriate location for said ponds given a number of criteria including respective catchment areas and appropriate sizing. The ponds are intended to serve two purposes namely they provide 100% primary attenuation and treatment of the surface water run off from the proposed roads and also secondary/regional attenuation and treatment for the new development site areas - the primary attenuation and treatment being provided on individual development sites. The ponds are located on lands zoned for Objectives ‘A’, ‘E’, ‘B’, ‘and ‘F’, respectively. The adopted LAP does not allow for / include the rezoning any lands (as per the Elected Members’ adopted modifications). The Kiltiernan/Glenamuck Local Area Plan (LAP) was adopted in July 2007 as per the stipulated statutory process set out in the Planning and Development Act, 2000 (as amended). The proposed Draft Section 49 SDCS is not considered to undermine the adopted LAP. 14 (name See No. 12 above withheld) 15 (name See No. 12 above withheld) t 16 (name See No. 10 above withheld) 17 (name withheld) 1 The IHBA welcomes the Council’s commitment to 1 Noted. Senior the development of the Kiltiernan/Glenamuck area. Executive, Irish 2 It is recommended however that additional lands 2 In reviewing the Planning & Development Home Builders which may be rezoned for development adjacent to Act, it would appear that it would be Association the LAP area also be included within the SDC inequitable to change the boundary at a (IHBA) Scheme. Existing contributors under the Scheme later stage. A landowner/developer should then be compensated due to overall currently outside the Scheme could reduction in levies payable per unit due to increased reasonably purchase or seek to develop a volume of development contributing to the Scheme. piece of land on the basis that they are outside the Scheme, only to later find the lands were included. If the area of the

38 Scheme was to be extended, it would appear that it could only happen by way of a change to the Scheme, or the preparation of a new Scheme, which would undergo the same drafting and public display as the original scheme. This is supported by Section 49 (2) (b) of the Act It would appear if the lands outside the Scheme catchment were zoned that directly benefit the Scheme, the most fair and equitable way to deal with this whilst encouraging no legal challenges are mounted by either those inside or outside the Scheme would be to leave the red line boundary as it is for the time being and make a new Scheme (which would effectively be an alteration to the proposed Scheme) if and when additional lands are zoned. 3 Insufficient allowance is made for benefits accruing 3 Benefits accruing to existing development to existing developments from the Scheme. The cost have been discounted in calculating the to new developments must be reduced to reflect the SDC. The proposed Council contribution benefit that will accrue to existing development. cost is the projected cost that would be necessary to upgrade the existing sections of the Enniskerry, Glenamuck and Ballycorus Roads within the LAP area to cater for future extraneous traffic growth in the absence of the intensification of development and necessary associated infrastructure as set out in the LAP. 4 The basis for determining the level of contribution is 4 Section 49 of the Planning and flawed. The estimated number of social houses to be Development Acts, 2000-2006, allows provided must be factored into the calculation. flexibility in relation to the exclusion of Failure to do this will result in the private developer certain types of development from the paying higher SDCs as a result of the reduced Scheme – this includes Social Housing quantum of development being included in the Units specified under Part V. The scheme. There is cross subsidisation where the projections for residential development ‘private house buyer’ is part funding the cost of allows for 10% social housing. The social housing provision. The Council also benefits calculations for this Draft Scheme were from planning gain on lands to which Part V relates. formulated assuming that no levy is applied to social housing and that 2,494 units to which the levy can be applied are completed. Removing the social housing from the calculation reduces the value of the revenue that is earned from residential development by approximately 10.8%. 5 The estimated level of fees in respect of land 5 10% of cost is the accepted standard acquisition (10% of cost) is excessive and should be percentage ratio used for fees in relation reduced. Consultation must take place with affected to CPO procedures to acquire the landowners prior to appointment and fee negotiation necessary land/s. with consultants. 6 Indexation should be in line with inflation rather 6 The levy will be collected over a prolonged than the 5% proposed in the Scheme. Updates period during the lifetime of the scheme should only be applicable to those who have not (25 years). To protect the real value of commenced payment of the contribution. the SDCS it is necessary to index the nominal rate to an appropriate inflation factor. Different indexation factors are available. The discount rate as recommended by the Department of Finance since the early 1990s (i.e. as per 1994 Guidelines), is a rate of 5% per annum. This has approximated the rate paid on public debt in Ireland in the past. Thus in order to protect the real value of the scheme, the index factor is set with reference to the appropriate discount rate, not some inflation index that may or may not have a superficial association with the building of the road and ponds. A discount rate of 5% per annum is thus used for the Scheme, which is consistent with the approach used in other Dublin schemes. As a result the levy rate is indexed at 5% per annum. This has the advantage of reducing a potentially important risk factor from the scheme – the timing of the scheme. 7 The Scheme should provide for regular progress 7 This SDCS provides a level of contribution report every two years (min.) that shall be updated each year during the

39 life of the scheme at an indexed rate of 5% per annum. The planning authority having regard to circumstances prevailing at that time may review the SDCS from time to time. The Planning Authority can, further to the adoption of the S49 Scheme, provide Elected members with a progress report very two years. The objective of this Progress Report would be to advise progress being made in the catchment area in relation to monies levied, monies collected, and the progress of the development of associated infrastructural projects. 8 A review of the Scheme may be warranted following 8 Noted. Also see 7. Above. the County Development Plan review process.

D. Recommendation

It is recommended to proceed with the supplementary development contribution scheme as proposed, subject to the following modifications (as noted in bold italics) :

1. PREAMBLE

Section 49 of the Planning and Development Acts, 2000-2006, enables a Planning Authority when granting planning permission pursuant to Section 34 of the Act to attach a condition to a planning permission requiring payment of a financial contribution in respect of any public infrastructure service or project.

Subsection 1 of Section 49 specifies that the project or service shall be specified in a Supplementary Development Contribution Scheme (SDCS) made by the Planning Authority. The making of such a SDCS is a reserved function of the elected Members. The project or service shall be provided either by the Planning Authority or may be carried out by any other person pursuant to an agreement with the Local Authority. The project or service must be of benefit to the development to which the planning permission relates.

The SDCS determines the amount and the manner of payment of the contribution and specifies the area or areas within the functional area of the Planning Authority to which it relates. It also details the particular public infrastructure project or service to which it relates. More than one SDCS may be made in respect of a particular area and a SDCS can provide for different contributions to be made in respect of different classes or descriptions of development. The SDCS outlines the basis on which the contributions have been determined and the estimated cost of providing the project or service. There is provision within the legislation for the phasing of payments and the payment of reduced or no contributions.

2. DEFINITIONS

Section 49(7) of the Planning and Development Acts 2000 – 2006 defines a public infrastructure project or service to mean:

(a) the provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development, (b) the provision of particular new roads, (c) the provision of particular new sewers, wastewater and water treatment facilities, drains or water mains and ancillary infrastructure.

3. THE PROJECTS

40 The Scheme covers two infrastructural projects - the Glenamuck District Distributor Road Scheme itself and the Surface Water Attenuation Ponds which are required to effect the SUDS scheme drainage for the new roads and for the development lands within the LAP area. The road project consists of the provision of a new district distributor road (DDR) and a new link distributor road (LDR). The DDR will be located to the north of the existing Glenamuck Road. It will function as a main collector / distributor route and connect the roundabout to the south of the Carrickmines interchange, with the Enniskerry Road to the north of Kiltiernan Village. The LDR will connect the DDR with the Ballycorus Road. The road layout is shown on Plan PL-08-293.

The Scheme also consists of the provision of surface water attenuation ponds necessary to affect the Sustainable Drainage Strategy (SUDS) for the area. The surface water attenuation ponds serve two purposes namely: to provide 100% primary attenuation and treatment of the surface water run off from the proposed roads; and to provide secondary/regional attenuation and treatment for the new development site areas. The primary attenuation and treatment will be provided on individual development sites. Four pond areas are to be provided identified as, G1, G2, G3 and B1 on Plan PL-08-293. The total land take for the ponds is 3.75 ha. Pond G1 is split into two smaller ponds G1a and G1b.

Development in the Kiltiernan / Glenamuck area cannot take place without the roads and ponds and so these are essential pieces of infrastructure that in the normal course of events would be provided by a developer(s) and included in a schedule of costs for a development. In undertaking to complete the infrastructure, the Council is underlining its commitment to the development of the Kiltiernan / Glenamuck area in accordance with the Local Area Plan and in so doing is bearing the costs that would otherwise be borne by a developer. In undertaking to provide the roads and ponds and to affect any necessary Compulsory Purchase of lands required for their construction, the Council is ensuring the required infrastructure is completed in tandem with development. This approach also avoids a situation where individual landowners could hold up the construction of the required infrastructure, as could be the case if it was constructed by the private sector. In this context, the Scheme is an incentive to development and is a proactive measure to assist investment.

4. LAND APPLICABLE TO THE SECTION 49 SUPPLEMENTARY SCHEME

The area to which the scheme applies is the area of the Kiltiernan / Glenamuck Local Area Plan 2007, and is outlined on Plan No PL – 08 - 293. In this area, planning permissions will be subject to development levies applicable under this Section 49 Scheme as well as those payable under the Section 48 Scheme. In addition, an area to the north of the LAP is also subject to the Luas Line B1 Section 49 Scheme.

The Glenamuck District Distributor Road Scheme is not a piece of infrastructure identified under the Section 48 Scheme. The applicable transportation projects identified under the Section 48 Scheme include:

• Road Improvement Schemes • Traffic Calming Schemes • Upgrading Traffic Signals • Junction Improvements • Controlled Signalised Crossing Schemes • Road Maintenance • Road Realignment and Reconstruction • Cycle ways.

The existing Glenamuck Road Improvement is identified under the Road Maintenance programme and the current County Development Plan. This will complement the new

41 DDR Scheme but is a separate infrastructure provision to that proposed and which has not been identified under the Section 48 road realignment and reconstruction programme of works.

Similarly, the Glenamuck/Kiltiernan Main Drainage and Watermain identified under the Section 48 Scheme is a separate piece of infrastructure to the Surface Water Attenuation Ponds specified in the subject Scheme.

5. BASIS FOR CALCULATION OF THE SCHEME

There are c.148 ha. of zoned land within the Kiltiernan / Glenamuck Local Area Plan 2007. These lands are zoned for the following purposes:

• Objective A: To protect and or improve residential amenity • Objective E: To provide for Economic Development and Employment • Objective NC: To protect, provide for and/or improve neighbourhood centre facilities • Objective F: To preserve and provide for open space and recreational amenities • Objective B: To protect and improve rural amenity and to provide for the development of agriculture. • Objective G: To protect and improve High Amenity Areas.

The allocation of these uses across the 148 ha is provided in the Table 1 below:

Table 1: LAP Zonings Zoning Category Land Area (ha) Objective A 95.84 Objective E 20.99 Objective NC 6.19 Objective F, B and G 24.55 Total 147.57

The cost of the project is estimated to be €143,126,392 (one hundred and forty three million, one hundred and twenty six thousand three hundred and ninety two euro). This includes the estimated land cost (17.54 hectare extent) of €116,600,000 (one hundred and sixteen million six hundred thousand euro) plus 10% valuer's, legal fees and other contingencies. It also includes the estimated construction cost of €22,366,392 (twenty two million three hundred and sixty six thousand, three hundred and ninety two euro), and the cost of the provision of bus rolling stock to facilitate the provision of a bus service along the Scheme. Dun Laoghaire Rathdown County Council is making a contribution of €10,000,000. A full breakdown of the costs is provided below.

42

Table 2: Cost of Scheme Item € Construction Costs 22,366,392 Land cost, including fees of 10% 128,260,000 Bus Rolling Stock 2,500,000 Sub total 153,126,392 Less Council Contribution (10,000,000) Total Applicable Levy 143,126,392

6. LEVEL OF CONTRIBUTION

On the basis of the above and taking into consideration the development potential of lands in the area to which the scheme relates, the following levy applies which will facilitate the recovery of 100% of the cost of the road proposal.

Table 3: Levy Rates Required to Raise 100% of Cost Levy Base Levy (€) Revenue (€) Residential 2,494 units €43,448 per unit 108,359,310 Commercial 163,830m 2 €200 per m 2 32,766,000 Retail 10,000m 2 €200 per m 2 2,000,000 Total 143,125,310

The development contribution levy rates are considered reasonable given the benefits the infrastructure will bring to the area. By reducing traffic on the existing road network and facilitating access to zoned lands, it will improve the area’s attractiveness and marketability for both residential and commercial developments. By providing attenuation ponds, it will affect the proper implementation of a SuDS programme for the area.

7. EXEMPTIONS

The following categories of development shall be exempt from the requirement to pay contributions under this Section 49 Scheme:

1. Where the planning application relates to a development which in the opinion of the planning authority is to be carried out by or on behalf of a voluntary organisation and which in the opinion of the planning authority:

• is designed or intended for social, recreational, educational (aside from private schools) or religious purposes by the inhabitants of a locality or by people of a particular group or religious denomination and is not to be used mainly for profit or gain • is designed or intended to be used as a work-shop, training facility, hostel or other accommodation for persons with disabilities and is not to be used mainly for profit or gain or • is ancillary to development referred to above.

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

3. House extensions and single replacement dwellings.

4. Family flats where the occupant has a genuine need to reside in the dwelling

43 and is part of the family of the main house.

5. In the case of change of use where the intended use is likely to increase the demands on service, a contribution towards the cost of the services will be levied on the basis of 25% of the rate applied to new developments.

6. Large scale recreational developments (e.g. golf courses, sports pitches, tennis complexes, etc), excluding buildings and ancillary facilities.

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

• Surface car parking provision in non-residential developments.

8. REDUCTION IN APPLICABLE LEVY

A reduced levy applies in the following circumstances.

1. Single residential developments where the applicant is native to the area and has close family ties with the area will be required to pay a reduced amount of €14,000 per unit.

When making a case for an exemption from the requirement to pay levies under this scheme, in the case of this part exemption, applicants will need to sign a statutory declaration that details:

(a) In respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates (as are within the applicant’s knowledge or procurement).

(b) The identification of any person(s) with whom the applicant is acting in concert.

(c) Particulars of any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development.

(d) Particulars of any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge.

(e) Whether the applicant, or any person with whom the applicant is acting in concert, has been granted, within the period of 5 years prior to the date of the making of the application, has been given an exemption from the requirement to pay levies under this scheme.

9. MANNER OF PAYMENT

The supplementary development contribution will be attached as a Condition of Planning Permission at the above rates. Such contributions will be attached to all planning permissions issued within the scheme area as defined above following the adoption of the scheme by the County Council. Levies on development, following the adoption of this scheme, cannot be subsequently appealed to An Bord Pleanála unless the Applicant considers that the levies have not been properly applied.

44 The planning authority will collect the levies. Any monies collected by the Council under the terms of the levy scheme will be retained by it and placed on investment with an investment company. Decisions relating to the investment of retained monies will be made by the Council with the objective of maximising returns with minimum risk.

In the event of the construction of the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds not proceeding, contributions received on foot of the Scheme will be returned to the relevant parties, together with an appropriate element of interest.

The levy under this SDCS shall be payable at the commencement of development or in a phased manner to be agreed with the Planning Authority and at the rate pertaining to the particular year in which implementation of the planning permission is commenced.

10. DURATION OF THE SUPPLEMENTARY DEVELOPMENT CONTRIBUTION SCHEME

This SDCS shall take effect upon the formal adoption of this scheme by the Council of the County of Dun Laoghaire Rathdown. The duration of the SDCS shall be for a period of 25 years from that date unless and until some other period of time shall be substituted for that period by order of the Dun Laoghaire Rathdown County Council.

The level of contributions received will be monitored on a regular basis, and if the anticipated contribution generated by the Scheme is realised earlier than 25 years, then proposals for the early termination of the Scheme will be submitted to the elected members of Dun Laoghaire Rathdown County Council.

11. MONITORING AND REVIEW

This SDCS provides a level of contribution that shall be updated each year during the life of the scheme at an indexed rate of 5% per annum. The planning authority having regard to circumstances prevailing at that time may review the SDCS from time to time. Where it is proposed to reduce the level of contributions payable this may be attained by an amendment to the existing scheme when agreed upon by the Elected Members. Any increase in contributions will require the adoption of a new or amended scheme by the Council of the County of Dun Laoghaire Rathdown.

The Planning Authority shall provide Elected members with a progress report on the Section 49 SDCS every two years. The objective of this Progress Report would be to advise progress being made in the Scheme catchment area in relation to monies levied, monies collected, and progress of the development of associated infrastructural projects.

In order to proceed with the Section 49 Scheme, the following resolution of the Council is required:

"It is hereby resolved under Section 49 of the Planning & Development Act 2000 to adopt a supplementary development contribution scheme for the Glenamuck Distributor Road Scheme and Surface Water Attenuation Ponds Scheme"

______Richard Cremins, A/Director of Economic Planning & Development

A discussion took place during which Mr. T. Loftus, Director of Transportation and Mr. O. Keegan, County Manager responded to Members queries.

45

It proposed by An Cathaoirleach, Councillor T. Joyce and seconded by Councillors L. McCarthy and J. Byrne:

“That the section of pond G3, (shown on drawing No. PL-08-293) and located on land parcel 26a in the Local Area Plan (zoned open space) be relocated to Council owned land on the east side of the proposed Link Distributor Road (Beatty lands).”

It was proposed by An Cathaoirleach, Councillor T. Joyce and seconded by Councillors L. McCarthy and J. Byrne:

“That single residential developments, where the Applicant is native to the area, and has close family ties to the area, be exempt from the S49 levy unless the property is disposed of within 7 years, in which case the full levy becomes payable. The necessary changes to give effect to this motion be made to the Managers Report.”

It was AGREED to ADJOURN the meeting for ten minutes to enable the Members to further consider the Section 49 Report of the County Manager submitted in accordance with the Planning and Development Acts 2000 – 2006, as amended. Proposed Draft Supplementary Development Contribution Scheme for the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme.

C/548/08 Reconvening of Meeting

The meeting reconvened at 6.30 p.m.

C/549/08 Section 49 Report of the County Manager submitted in accordance with the Planning and Development Acts 2000 – 2006, as amended. Proposed Draft Supplementary Development Contribution Scheme for the Glenamuck District Distributor Road Scheme and the Surface Water Attenuation Ponds Scheme

It proposed by An Cathaoirleach, Councillor T. Joyce and seconded by Councillors L. McCarthy and J. Byrne:

“That the section of pond G3, (shown on drawing No. PL-08-293) and located on land parcel 26a in the Local Area Plan (zoned open space) be relocated to Council owned land on the east side of the proposed Link Distributor Road (Beatty lands).”

It was proposed by An Cathaoirleach, Councillor T. Joyce and seconded by Councillors L. McCarthy and J. Byrne:

“That single residential developments, where the Applicant is native to the area, and has close family ties to the area, be exempt from the S49 levy unless the property is disposed of within 7 years, in which case the full levy becomes payable. The necessary changes to give effect to this motion be made to the Managers Report.”

A roll call vote on the adoption of the Scheme subject to the above amendments was called. The result was as follows:

46 COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fallon, Ciarán √ Feighery, Gene √ Fox, Tony √ Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal √ Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid √ O’Leary, Jim √ Smyth, Carrie √ Total: 24 4

An Cathaoirleach, Councillor T. Joyce declared the Scheme ADOPTED subject to the above amendments.

C/550/08 Appointed Stands (Street Service Vehicles) Bye-Laws, 2008 review (Taxi Ranks)

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

"APPOINTED STANDS (STREET SERVICE VEHICLES) Taxis Draft Bye-Laws 2008

Report following public Consultation

Table of Contents

1.0 Background 3

2.0 Objectives 3

3.0 2006 Taxi Rank Bye-Laws 4

3.1 Evaluation of the 2006 Taxi Rank Bye-Laws 6

4.0 Proposed new Taxi Ranks 10

5.0 Consultation Process 11

5.1 Area Committee Consultation 11

5.2 Consultation with Local Taxi Drivers 12

5.3 Consultation with An Garda Síochána 12

5.4 Public Display 13

5.5 Submissions 14

6.0 Conclusions 22

7.0 Appendix 24

7.1 Draft 2008 Taxi Bye-Laws

7.2 Draft 2008 Taxi Schedule

7.3 Draft 2008 Taxi Rank Location Drawings

1.0 Background

Dún Laoghaire Rathdown last reviewed its Taxi Rank Bye-Laws in 2006. As part of this review, a number of changes and new Taxi Ranks were agreed. Although these new ranks were approved some of them were never installed onsite.

48 The Taxi Regulator is currently conducting a nationwide audit of Taxi Ranks with a view to making them more accessible. As part of this audit the Taxi Regulator is seeking permission to have shelters installed at some Taxi Ranks.

Dún Laoghaire Rathdown received a number of planning applications for shelters. Some of these shelters were planned for Taxi Ranks, which were written into our 2006 Bye- Laws but were not installed onsite. It is essential that any agreed Taxi Ranks are installed onsite and as there are inconsistencies with the 2006 Bye-Laws it is necessary to review them.

2.0 Objectives

The objectives of this review is to:

Evaluate each Taxi Rank in the 2006 Bye-Laws in relation to location and number of vehicle spaces. Pay special attention to the Taxi Ranks that exist in the Bye-Laws but have not been installed onsite. Recommend necessary changes to the 2006 Bye-Laws Investigate new locations that may be suitable for Taxi Ranks and include them in the review.

2006 Taxi Rank Bye-Laws

Ref Location Description No of Direction No Spaces

Cabinteely

1 Bray Road, Opposite the Horse and 2 In a single line by the kerb Cabinteely Hound pub, on the west and parallel thereto facing side of the roadway northwest adjacent lighting post No. 64 south for 15metres. Ballybrack

2 Church On the west side of the 3 In a single line by the kerb Road, roadway 3 metres north of and parallel thereto facing Ballybrack entrance to car park, north northwards for 15 metres to a point 3 metres from second entrance to car park. 3 Churchview On the east side of the 3 In a single line by the kerb Road, roadway from a point 10 and parallel thereto facing Ballybrack metres south east of southeast western entrance to shopping centre, for a distance of 30 metres south east. Stillorgan

49

4 Dublin On the Westside of Old 4 In a single line by the kerb Road, Dublin Road outside and parallel thereto facing Stillorgan Stillorgan Shopping centre, northwest from a point 22 metres north of E.S.B lamp post No.16 further north for 20 metres. 5 Lr On the north side of the 3 In a single line by the kerb Kilmacud road from a point at the and parallel thereto facing Rd Stillorgan Shopping Centre eastwards exit Blackrock

6 Outside 2 Dart Station, Blackrock

Dundrum

7 Sandyford Provision of 5 bay taxi rank 5 In a single line by the kerb Road, as per Dundrum Town and parallel thereto facing Dundrum Centre development northwest 8 Balally At pedestrian entrance to 2 In a single line by the kerb LUAS LUAS Stn take two spaces and parallel thereto facing Station from area located for southeast buses

Dún Laoghaire

9 Royal On the west side of the 8 In single line by the kerb and Marine Rd roadway from a point 57 parallel thereto facing Dún metres north of the northeast. Laoghaire kerbstone of Lower George’Street for a distance of 5 metres north east and thence from a point 70 metres north east of the kerbstone of Lower George’s Street for a distance of 35 metres north east. 10 Upr Outside of Dunne’s Stores 3 In a single line by the kerb Georges St at junction of and parallel thereto facing Northumberland Ave northwest

Monkstown

11 Monkstown South side of road before 3 In a single line by the kerb Crescent junction at Carrickbrennan and parallel thereto facing Rd west

Deans Grange

50 12 Clonkeen South side of road past 3 In a single line by the kerb Rd the shops at Deansgrange and parallel thereto facing crossroads south

Dalkey

13 Hyde Road On the east side of the 4 In a single line by the kerb road over a distance of and parallel thereto facing 23 metres. north Commencing at the recessed kerbline located 10 metres north of the junction of Hyde Road and Castle Street. Sandyford

14 Leopardstown North side of road before 3 In a single line by the kerb Rd entrance to Central Park and parallel thereto facing (Bewley’s) southwest Stepaside

15 Outside Step Rescind 2 No parking 2 In a single line by the kerb Inn and spaces within recessed and parallel thereto facing Ladbrookes parking area for southeast bookmakers provision of “taxi rank”

3.1 Evaluation of the 2006 Taxi Rank Bye-Laws

Each of the Taxi Ranks in the 2006 Taxi Rank was examined. Each site was visited and the results and recommendations are detailed below. From the 2006 Bye-Laws 50 spaces were adopted. At the beginning of this review only 19 of these spaces were onsite and in operation.

Cabinteely: This Taxi Rank has been installed onsite. Due to its proximity to the nearby shops and pubs it is not recommended that any aspect of the Taxi Rank be changed in the 2008 review.

Ballybrack:

Church Road : This Taxi Rank was never installed onsite. Due to its proximity to the nearby shops the area would benefit from the service of a Taxi Rank. It is not recommended that any aspect of this rank be changed in the 2008 review.

Churchview Road: This Taxi Rank was never installed onsite. It was agreed that the Taxi Rank would be located outside of Tesco on Churchview Road. This Taxi Rank would be 40m from the entrance and members of the public would have to walk through the car park to reach it. Furthermore this Taxi Rank is not very accessible for people with a lot of shopping to carry. The current trend is for taxis to collect people from the entrance informally. This system is working well and it is not necessary to change it. It is therefore not recommended to take up road space with a rank and it is recommended that this Taxi Rank should be removed from the Bye-Laws.

Stillorgan

51

Old Dublin Road: The Taxi Rank on the Old Dublin Road is located at the exit to the shopping centre. It is common practice for taxi drivers to queue in numbers greater than permitted. This results in taxi drivers parking on top of the pedestrian crossing and often backing up as far the entrance/exit of the shopping centre and thus reducing visibility of the cars exiting from the centre. It is recommended that this rank should be removed and incorporated into the rank on Lower Kilmacud Road.

Lower Kilmacud Road: This Taxi Rank was never installed onsite. Due to the problems with the Taxi Rank on the Old Dublin Road listed above it is recommended to incorporate both Taxi Ranks into one at this location and to increase the spaces provided by 3 no. to 10 no.

Blackrock: This agreed Taxi Rank outside the Dart station was never installed onsite. The proximity to public transport makes it an ideal location for a Taxi Rank and it is recommended that it be retained. There is sufficient space to increase the number spaces in this rank to 3 no and it is recommended to do so.

Dundrum:

Sandyford Road: This Taxi Rank is located outside of the Dundrum Town Centre. It is a heavily used Taxi Rank due to the large numbers of people who visit the Town Centre. It is not recommended to change any aspect of this Taxi Rank in the 2008 Bye-Laws.

Balally Luas: This Taxi Rank was not installed onsite. In the agreed Taxi Rank area there is currently a bus stop and a drop off area for the Luas. These both provide services to commuters who wish to use the Luas. People who are traveling to the Dundrum Town Centre are more likely to use the Dundrum Luas stop rather than stopping at the Balally Station and getting a taxi to the Town Centre. It is recommended to remove this Taxi Rank from the Bye-Laws and to accordingly apply the statutory traffic order for the bus stop.

Dún Laoghaire:

Royal Marine Road: This Taxi Rank operates opposite the Pavilion shopping centre on Marine Road. It provides a good service and is used regularly. In the 2008 Bye-Laws this rank has been corrected to accommodate 7 no. spaces, down from 8 no. This does not reduce the physical length but a correction to note that only 7 no. cars can physically fit in the space provided for taxis.

Upper Georges St : 3 no. spaces were agreed for Upper Georges Street outside of Dunne’s Stores. They were never installed onsite. Currently there is Pay and Display parking operating in this area and there is a high turn over of cars. It would not benefit the pubic to reduce the amount of pay and display parking and replace it with a Taxi Rank. It is recommended to remove this Taxi Rank from the Bye-Laws. A more suitable location is available for a new Taxi Rank on Northumberland Street and will be discussed later in this report.

Monkstown: A Taxi Rank was agreed in the 2006 Bye-Laws for Monkstown Crescent opposite the “Pub” bar and restaurant. It was never installed onsite but due to the number of shops and restaurants in the area it would benefit from a Taxi Rank. It is not recommended to make any changes to this Taxi Rank in the 2008 Bye-Laws.

Deans Grange: 3 no. spaces were agreed for the service road between Super Valu and Clonkeen Road, but they were never installed onsite. This location is not desirable due to members of the public having to queue on the median between the service road and Clonkeen Road. The median is 2m wide and there is a high volume of traffic passing on

52 Clonkeen Road at speed. In order to get to the median members of the public would have to cross the service road. The 2008 Bye-Laws propose to move this Taxi Rank to the shops side of the access road thus removing any need for crossing or queuing on the island.

Dalkey: The Taxi Rank on Hyde Road at the “squareabout” in Dalkey was never installed onsite. Due to recent development fronting onto this location it would be more suitable to move this Taxi Rank to the Ulverton Road side of the “squareabout”. This location is also closer to Castle Street where demand for taxis is highest.

Sandyford: A Taxi Rank was agreed in the 2006 Bye-Laws but never installed on Leopardstown Road near Bewley’s hotel. The agreed location is on the main road and is not close enough to any businesses to be of use. Bewley’s Hotel also provides a pull in area for taxis, which is close to the Air coach bus service. It is recommended that this Taxi Rank be removed from the Bye-Laws as there is an adequate service already in place.

Stepaside: A Taxi Rank was agreed in the 2006 Bye-Laws for the area outside the “Step inn”. This Taxi Rank was never installed onsite. There are a number of local drivers who service this area and they have an informal system already in operation. Having considered the demand for parking to serve local businesses it is recommended to remove this Taxi Rank from the Bye-Laws.

3.0 Proposed new Taxi Ranks.

As part of the Bye-Laws review the Traffic Section has examined areas not previously considered that would benefit from Taxi Ranks.

Royal Marine Road, Dún Laoghaire: It is proposed to provide 3 no. spaces outside of Hughes and Hughes Book Shop on Royal Marine Road. This Taxi Rank would operate from 12:00hrs to 06:00hrs and act as a loading bay from 06:00hrs to 12:00hrs. There is a high level of demand for taxis on Royal Marine Road and providing extra spaces should ensure that taxis are more readily available. Currently there is an issue with taxi drivers queuing too far back on the Taxi Rank on Royal Marine Road. By providing spaces on the opposite side of Royal Marine Road taxis can drive down to the roundabout, turn and queue at the proposed Taxi Rank. These spaces are to be incorporated into the new design planned for Marine Road entitled “Proposed New Metals Walkway, including a deck over the Dart rail line, and Upgrade of Marine Road, Crofton Road and Queen's Road Dun Laoghaire.”

Newtown Avenue Blackrock: It is proposed to provide 3 no. spaces at the junction of Newtown Avenue and Main Street Blackrock. Taxis queuing here will be able to access all areas of Blackrock and would provide a good service to the area. The Newtown Avenue/Main Street junction is currently undergoing an upgraded and the Taxi Rank will be incorporated into this design.

Northumberland Street: On Northumberland Street there is currently a 40m long loading bay. An audit was carried out on the loading bay and it was found that less than 50% of the loading occurring is legal i.e. commercial vehicles that were actively loading or unloading. Therefore it is proposed to remove a section of the loading bay and convert it to 4 no. taxi spaces. This will provide a good service to the public due to the Taxi Ranks proximity to Dunne’s Stores and other nearby shops on Georges Street.

Blackthorn Avenue: It is proposed to provide 3 no. taxi spaces in the existing lay by at the Luas stop in the Sandyford Business Estate. Taxi drivers are currently queuing in this area informally, which highlights the demand for taxis in the area.

53 Sandyford Road, Dundrum: Outside of Winter’s pub on the Sandyford Road there is a large loading bay. It is proposed to alter this to act as a Taxi Rank from 18:00hrs – 06:00hrs and as a loading bay from 06:00hrs – 18:00hrs. This will increase the number of taxi spaces outside the Town Centre by 9 no. to 14 no.

4.0 Consultation process:

4.1 Area Committee Consultation

The proposed 2008 Bye-Laws were brought to the Dundrum Area Committee meeting (26 th May 2008) and the Dún Laoghaire Area Committee meeting (4 th June 2008). From these meetings a number of requests were made for areas to be investigated as possible locations for new Taxi Ranks:

Convent Lane, Dún Laoghaire: The area opposite Dunphy’s Pub, which currently acts as a loading bay would provide a possible location for a Taxi Rank. The Council is currently developing a renewal plan for Convent Lane and providing a Taxi Rank at this location would be premature until the recommendations of this plan are determined.

Hyde Road Dalkey: It was suggested that the agreed Taxi Rank on the Hyde Road side of the “squareabout” in Dalkey would be moved further up Hyde Road to outside the GAA pitch. There is sufficient road space here to provide a Taxi Rank, however, if the Taxi Rank were located here it would remove parking from in front of the GAA pitch. It is also further away from Castle Street where the demand for taxis is greatest. Therefore the proposed location on Ulverton Road would be more desirable and thus is the preferred location for recommendation.

4.2 Local Taxi Driver Consultation

A meeting was held with the Traffic Section and representative of local Taxi Drivers. The draft proposals were discussed. The drivers noted their support of all the proposed Taxi Ranks. The group also made a number of comments and suggestions on the draft 2008 Bye-Laws:

The representatives agreed that the Taxi Rank outside Tesco on Churchview Road should be removed. It was noted that, Tesco utilises a taxi company Free Phone on site and that Tesco provides a home delivery service thus reducing the need for people without cars to travel to Tesco.

The taxi representative group noted that the disabled bay on the “squareabout” in Dalkey should be removed to provide an extra taxi space there. The Traffic Section recommends its retention as this disabled bay is close to the Post Office and is well used.

The taxi representative group requested the investigation of the area outside of Oddbins in Blackrock as a possible location for a Taxi Rank. This area is currently controlled by Pay and Display parking. There is a high turnover of cars in the area. There are proposed new Taxi Ranks outside the Dart station in Blackrock and on Newtown Avenue. Given that there are 2 no. new Taxi Ranks being provided in Blackrock it is not recommended to remove any of the Pay and Display parking in favour of a Taxi Rank.

4.3 Consultation with An Garda Síochána

54 An Garda Síochána were consulted as part of the public consultation process. No objections to any of the proposed changes to the existing Taxi Ranks or the proposed new Taxi Ranks were raised.

4.4 Public Display

The draft 2008 Bye-Laws were put on public display on Tuesday 5 th August 2008.

An advertisement was placed in two of the national papers and one local paper stating where the Bye-Laws would be available for viewing, how long they would be on display for and instructions on how submissions could be made.

Copies of the draft Bye-Laws, schedule and drawings were distributed to all of the County Libraries.

Displays were set up in the Concourse of County Hall, Dún Laoghaire and in the Local Council Offices, Dundrum.

The Bye-Laws were also put up on the Councils website and an email address was made available for submissions.

Notification that the Bye-Laws were on display and an invitation inviting submissions was sent to:

Irish Taxi Drivers Federation National Private Hire and Taxi Association Dublin Taxi Branch SIPTU National Taxi Drivers Union

By the time the public consultation period had ended on the 1 st October 2008, 12 no. submissions were received. No submissions were received from taxi driver groups/representatives.

4.5 Submissions

Below are the submissions received from members of the public. They have been included as received.

(name & address withheld) Deans Grange. (12 th Sep)

“Dear Sir/ Madam,

Wtih reference to the proposed Taxi Rank on the Clonkeen Road opposite the Bank of Ireland, as one of the tenants on the same said area, taxi rank is totally unnecessary as the businesses are already lacking in space for customers wishing to visit. The are is also very narrow and with the Taxi rank, it now can be deemed automatic that a holding bay will be erected - thsu reducing the little space ont he path area and would at the same time create unnecessary problems that we call do without.

This whole area has a regular taxi fleet cruising and today with modern technology its only a matter of a phone call - mobile or landline that a cab can be with you almost immediately. There is probably one of the best bus line located in the area - I would therefore strongly resist the implementation of any such taxi ranks in this area.”

Note: Permission has been granted for a taxi shelter (D08A/0137) on the median between the access road and Clonkeen Road. This location is where the Taxi Rank from

55 the 2006 byelaws was agreed. It is unlikely that this shelter will be built, as there is currently no Taxi Rank in that area. Permission has not been granted for a shelter outside of the shops where the new Taxi Rank is proposed.

(name & address withheld), Deans Grange (28 th Sep)

Dear Sir/ Madame,

With Reference to the above I wish to object to the imposition of a txi rank at the above address. On the slip road where you propose to put the taxi rank, there are fourteen parking spaces and one handicap space. These spaces serve fifteen business', which is approximately 0.9 parking spaces per business, yet you intend to introduce a new business and allocate three spaces to it (this amounts to 21.5% of the parking spaces), for which there is no demand. This can be confirmed by speaking to any of the local traders in the area, as they are rarely requested to order a taxi. My business in Deansgrange is open 64 hours per week, and I have only been requested to order a taxi twice in the last year and a half, and on both occasions a taxi arrived within ten minutes.Despite this you wish to allocate 21.5% of parking spaces to the taxi rank, for which there is no demand. It should be pointed out that, a three space taxi bay has been installed in Cabinteely Village which lies empty most of the day. Furthermore, Dún Laoghaire - Rathdown County Council is currently putting a bus - lane on Kill Avenue, and has informed residences that there will be a bus passing every fifteen minutes.I would also like to point out to you that your planning application DO8A/0137 for a taxi shelter is outside 'Grange Pharmacy', yet your web-site shows three taxi spaces outside 'Liberos Take Away'.Parking is a vital parameter of any local business and since the recent introduction of meters has been working very well and assisting local business' yet you now wish to remove 21.5% of the spaces, which will be left idle most of the day.This surely does not make any sense and will only be detrimental to the business' in the area, who are paying substantial rates to your council.”

NOTE: See note from submission 5.1.1 regarding D08A/0137. Currently in the proposed Taxi Rank area there are two Pay and Display parking bays operating. These bays are oversized and could be converted into three standard 4.8m bays. Therefore it is planned to only remove two Pay and Display spaces (13% of the parking) and convert them into 3 no. taxi spaces.

Supervalu Deans Grange (30 th Sep)

“To Whom it may concern,

I am writing in connection to the proposed Taxi Rank at Deansgrange. I am currently General Manager of Twomey's Supermarkets Ltd.Every two/three years we conduct external Customer Research to make sure we are keeping up to date with customers. As such, I would like to point out that in none of our research have customers requested a taxi rank. The question has being asked Re: transport/ accessibility / ease of exist etc. We have all research available for analysis and I would like to point out that this research is carried out by an external company i.e. Amarach . We have one couple that request a taxi on a Tuesday and a we have Blackrock Cabs, AAA Cabs, Dalkey Cabs, Satellite Cabs, Dún Laoghaire all on are doorsteps the time from phone call to arrival at door is no longer than tem minutes. We also run a home delivery service which is for the elderly or incapacitated as a result of continuous research. There are currently eleven businesses here and 14 spaces including one handicapped. If the taxi rank goes ahead with four spaces being taken for a company controlled in Clonskeagh the current businesses would not even have a space per business? This seems very strange. We as a business community we have fought very hard to get pay

56 and display for a number of years and since it went into operation over four months ago all the businesses have seen an increase in footfall as people now have access to car parking all day as people are no longer parking there all day (as the were parking there cars then using the bus on the QBC)! We as a business would see the arrival of a taxi rank (taking four car parking spaces) as a negative for all concerned as already mentioned that would not leave a space per business and we would be in a worse place than before the Pay and Display came. It does not make sense that a business run externally from Clonskeagh has the right to four spaces when customers that have been loyal to businesses here for over twenty years wont even have access to one car parking place! I would like to thank you for the opportunity to make a submission. If you have any queries please do not hesitate to contact me”

Liberos Take Away Deans Grange (25 th August)

“To Whom It may Concern

In regards to your letter about the new taxi rank proposed for the area outside the Liberos Take Away on Clonkeen Road. I would like to express my concerns. With the implementation of this idea. I feel it would not only deminish the aesthetics of our local area, it will also take away from already limited parking for regular and non- regular customers. The type of structure and also the reduced parking and extra traffic outside our shop would drastically impact on the bussines. Customers would not be able to view the shop front leading to diminshed natural advertising space. The lack of suitable parking will utterly impede on a proportionately large percentage of our clientel who use this already restricted service to avail of our bussines. As a valued and productive member of the community in this area for over thirty years, we feel a taxi rank in this location would not upgrade the amenity of the area already serviced by four bus stops with the most frequent bus routes in South County Dublin. These bus routes service almost 100 percent of the shops in this area up to and well past their respective closing times. The only area in the near vicinity for this type of service I feel would be close to the Grange Pub as it might suit their clientel appropriately but this is a matter for the Granges staff and management. Thankyou for your time and interest in our opinions about this matter and we are grateful that our considerations will be taken seriously.”

Note: See note from submission 5.1.1 regarding D08A/0137

(name withheld)

“I refer in particular to proposed Stand No 14 on Clonkeen Road. I do not believe that such a stand is justified.It will reduce the amount of space available in which private cars can park. It is likely to increase the number of very dangerous manoeuvres of vehicles driving along Clonkeen Road from the Bray direction making a 180 degree turn just before the traffic lights at Dean's Grange Cross to enter this parking area. Given the very frequent practice of taxi drivers on Marine Road occupying the Disabled Drivers' Parking spaces there, it is likely that taxi drivers will similarly disregard the sole disabled driver's designated parking space outside the chemist's shop on Clonkeen Road. “

Xpert Cleaners,12 Clonkeen Road, Deans Grange

“Dear Sir/Madame,

With references to the above, I wish to state my opposition to the proposed installation of a three bay taxi rank outside my business premises on Clonkeen Road.

57

I am currently in business two years and am finding trading difficult enough, due in part to the lack of step down parking in the area, which customers rely on when they are dropping clothes into my dry-cleaners business, yet you wish to remove three spaces outside my door and make them a taxi-bay for which there is no demand in the area. This would account for a quarter of the spaces in the meter area.

The locality is well served by public transport, especially with the installation of a new bus lane on Kill Lane with a bus passing every ten minutes.

I look forward to hearing your comments”

(name withheld) proposed taxi rank in Deans Grange

“Dear Sir / Madam,

I wish to offer my support for the above proposal. I feel it would be a positive contribution to the people of the area. It has to benefit the local community. “

(name withheld) , proposed taxi rank in Deans Grange

“Dear Sir,

I support the proposal of such a taxi rank in the Deansgrange area. It would be of great benefit to so many people in our area.”

Costello Jewellers Northumberland Avenue Dún Laoghaire

“Dear Therese,

Costello Jewellers supports the proposal for a taxi rank on Northumberland Avenue. We have discussed this possibility with our neighbours who are also positive on the matter

We believe that this is a most appropriate location for a taxi rank because of its central location in the town while not causing any obstruction to traffic on the main street. Its proximity to Dúnnes Stores foodstore on Northumberland Avenue will prove very popular with the many shoppers who at present carry their bags to Marine Road in order to hire a taxi. It will also accord Additional security for our premises especially at night.”

Dunphy’s Pub Georges Street, Dún Laoghaire

A large submission was made from Dunphy’s Pub before the formal public consultation in which they voiced their disapproval of placing a Taxi Rank on Convent Lane. We are not recommending to include a Taxi Rank on Convent Lane in the 2008 Bye-Laws but the submissions will be included for noting.

“Dear Ms. Langan,

Having carefully considered the proposal to site a Taxi Rank adjacent to the Dunphy’s Lane entrance to this premises I contend the location chosen is utterly unsuitable for the following reasons.

Following the decision to have traffic return to Lower George’s Street, this area will eventually have vehicles entering it from Lower George’s Street coming both from east

58 and west and therefore, the placing a Taxi Rank in this location will undoubtedly create a very serious traffic hazard at the junction directly in from of St. Michael’s Hospital. Pedestrians using the area adjacent to the proposed Taxi Rank in Dunphy’s Lane and intending to visit St Michaels’s Hospital will have to contend with a seriously confusing traffic flow situation which will be extremely dangerous for children, for elderly and patients of the hospital.Delivery vehicles, especially articulated lorries, will be seriously impeded by the placing of a Taxi Rank on the eastern or western side of Dunphy’s Lane resulting in the blocking of all the traffic, including Dublin Bus, on Lower George’s Street and the entrance to St Michaels Hospital. The pedestrian use of this area in front of Bloomfield’s Shopping Centre and the IMC Cinemas should, at all times, be afforded absolutely priority and therefore, any proposals to increase the vehicular traffic in this area is totally irresponsible as it is an unwarranted and wholly unnecessary endangerment of the community. Pedestrian access to this premises will be greatly impeded by the placing of a Taxi Rank adjacent to our Dunphy’s Lane entrance as this area is narrow and forms part of the public pavement between Lower George’s Street and Bloomfield’s Shopping Centre. A Taxi Rank in this area will adversely affect the use of the our outdoor seating area by our customers and deter many from using the area, especially those ordering food, as the levels of vehicle exhaust fumes emanating from taxis arriving and leaving the area would create an seriously unhealthy and uncomfortable environment for our customers.

In conclusion, the need for increased Taxi Rank spaces should be viewed as only pertaining to certain times of the day, and or night and therefore, solutions could include the temporary daytime use of loading bays on Upper George’s Street, Northumberland Avenue and other such areas where through traffic or increased traffic would not adversely affect business, pedestrians or residents.

Yours sincerely, Thomas Dunphy

(name & address withheld)

“I am a resident of Dún Laoghaire and I have read the proposed siting of the Taxi Rank on Royal Marine Rd @ the junct. Of Eblana Ave and I think it is the wrong place to have the Taxi Rank @ Hughes and Hughes and Subway side of Marine Road due to the flow of the buses and cars going up and down. I recommend that the Taxi Rank should be kept where it is in use @ present, which is outside Dún Laoghaire’s St Michaels Church where it is more flexible access for the traffic and should have a taxi limit.”

Note: It is not proposed to remove the existing Taxi Rank on Royal Marine Road. There are currently plans to reduce the width of Royal Marine Road as part of an overall rejuvenation scheme entitled “Proposed New Metals Walkway, including a deck over the Dart rail line, and Upgrade of Marine Road, Crofton Road and Queen's Road Dun Laoghaire. The proposed Taxi Rank outside Hughes and Hughes will be incorporated into this design. The Taxi Rank will be indented into the kerb and will not interfere with traffic passing on the main carriageway.

(name & address withheld) (18/9/08)

Would be desirable to relocate Taxi Ranks to Airport feeder services where possible for night safety of travellers.

Note: There are currently Taxi Ranks in Stillorgan, Dún Laoghaire and outside Bewley’s hotel Leopardstown. These areas are also serviced by airport feeder services.

5 Conclusions

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Due to the overwhelming opposition to the proposed Taxi Rank in Deans Grange it is recommended to remove it from the Bye-Laws.

It is recommended to make the following changes to the 2006 Bye-Laws and include these changes in the 2008 Bye-Laws:

Remove the Taxi Rank on Churchview Road, Ballybrack. Remove the Taxi Rank on Old Dublin Road, Stillorgan and incorporate it into the Taxi Rank on Lower Kilmacud Road. Increase the number of spaces in the Taxi Rank outside the Dart Station in Blackrock to 3 no. Remove the Taxi Rank from outside the Balally Luas Station. Amend the number of spaces in the Taxi Rank on Royal Marine Road from 8 no. to 7 no. Remove the Taxi Rank on Upper Georges Street, Dún Laoghaire. Relocate the Taxi Rank in Dalkey to the Ulverton Road side of the “squareabout”. Remove the Taxi Rank on Leopardstown Road. Remove the Taxi Rank in Stepaside.

It is also recommended to include the following new Taxi Ranks in the 2008 Bye-Laws:

Provide 3 no. spaces outside Hughes and Hughes Bookshop on Royal Marine Road, Dún Laoghaire. Provide 3 no. spaces on Newtown Avenue at its junction with Main Street, Blackrock. Provide 4 no. spaces on Northumberland Street, Dún Laoghaire. Provide 3 no. spaces in the lay by at the Luas Stop in the Sandyford and Stillorgan Business Park. Alter the loading bay outside of Winters Pub on Sandyford Road to act as a Taxi Rank from 18:00hrs – 06:00hrs and as a loading bay from 06:00hrs – 18:00hrs.

These proposed changes to the Bye-Laws will increase the amount of spaces available to taxis within the county to 59. This is an increase of 310%.

7.0 Appendix

7.1 Taxi Rank Bye-Laws Post Public Consultation (Draft)

7.2 Taxi Rank Bye-Laws Post Public Consultation Schedule (Draft)

7.3 Taxi Rank Location Drawings Post Public Consultation (Draft)

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COMHAIRLE CHONTAE DHÚN LAOGHAIRE - RÁTH AN DÚIN

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

APPOINTED STANDS (STREET SERVICE VEHICLES) BYE-LAWS, 2008

Transportation Department Level 4, 1 Harbor Square Crofton Road Dún Laoghaire

Long title An Cathaoirleach and Members of Dún Laoghaire-Rathdown County Council (hereafter referred to as ” the County Council ”) in exercise of the powers vested in them by section 15 of the Road Traffic Act 2002 and S.I No 598 of the Road Traffic Act, 2002 (Commencement) (No 2) Order 2002, and having consulted with the Commissioner of An Garda Siochana, hereby make the following bye-laws in respect of the administrative area of Dún Laoghaire-Rathdown County Council

Short title 1. These bye-laws may be cited as the Dún Laoghaire- Rathdown Appointed Stands (Street Service Vehicles) Bye- Laws 2008

Area of 2. These bye-laws apply to the administrative area of Dún Application Laoghaire-Rathdown County Council.

Revocations 3. DÚN LAOGHAIRE-RATHDOWN APPOINTED STANDS (STREET SERVICE VEHICLES) BYE-LAWS, 2006 are revoked in sofar as they relate to the administrative area of Dún Laoghaire-Rathdown County Council from the date of coming into effect of these bye-laws

Commencement 4. These bye-laws shall come into effect on the______Date 2008

Interpretation 5. In these bye-laws

“Building line” means in relation to the side of a street on which there is no straight line of buildings, the edge of that side of the street.

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“Schedule” means the Schedule to these bye-laws.

“Street” means a public road

“Head of an appointed stand” shall be construed as a reference to that end of the appointed stand from which the limits of the appointed stand are reckoned in column (3) of the appropriate Schedule to these bye-laws;

“Rear of the appointed stand“ shall be construed as a reference to the that end of the appointed stand to which the limits of the appointed stand are reckoned in column (3) of the appropriate Schedule to these bye-laws;

“Order of street services vehicles at an appointed stand” shall be construed as a reference to the order of the vehicles reckoned from the head of the appointed stand to the rear of the appointed stand.

Appointment of 6. Subject to these Bye-laws, in each location in column (2) in appointed the attached Schedule to these bye-laws, each part of the stands street described in column (3) of the Schedule opposite the mention in column (2) of the location shall be an appointed stand available for use without limitation as to time or occasion of use.

Subject to these bye-laws, in each location in column (2) of Schedule 2 to these bye-law, each part of the street described in column (3) of the Schedule shall be an appointed stand available for use at the times specified in column (6) of that Schedule opposite the mention in column (2) of the street. Position of 7. Every street service vehicle standing for hire at an vehicles on appointed stand shall be placed appointed stands (a) Within the limits of the appointed stand described in column (3) of the attached Schedule. (b) In the position specified in column (5) of the attached Schedule, opposite the mention of the appointed stand in column (3) of the Schedule (c) In case there is no street service vehicle already at the appointed stand and in any other case, next in order to the street service vehicle at the appointed stand and as near as practicable to the street service vehicle immediately in front.

A street service vehicle standing for hire at an appointed stand shall be placed in single line by the kerb and parallel to the kerb or with the rear of the vehicle to the kerb, a vehicle shall not be placed more 45 centimetres from the kerb.

62 A street service vehicle shall be deemed for the purpose of these bye-laws not to be standing for hire at the appointed stand unless it complies with this bye-law

Maximum 8. The number of street service vehicles standing for hire at an number of appointed stand specified in column (3) of the attached vehicles at an schedule at any time shall not exceed the number specified appointed in column (4) of the Schedule. stand

Vacancies at 9. Whenever a street service vehicle vacates its position at an appointed appointed stand it shall be replaced by the street service stands vehicle (if any) next in order at the stand

General 10. The following provisions shall apply to street service provisions vehicles standing for hire at an appointed stand: relating to appointed Neither the driver of a street service vehicle nor any other stands person shall wash, overhaul or execute repairs to such a street service vehicle, except such repairs as may be necessary to enable the vehicle to be removed from the appointed stand.

• Neither the driver of a street service vehicle, nor any other person shall make any unnecessary noise, by means of, or in relation to, the vehicle or the engine or any equipment, fittings or instruments fitted to or carried on the vehicle or any loud speaker in or in any way connected with the vehicle.

The driver of a street service vehicle shall comply with any directions given to him or her by a member of An Garda Siochana in relation to placing of the street service vehicle at the appointed stand, or the bringing of the street service vehicle into, or the removal of the street service vehicle from the appointed stand.

General 11. A driver of a street service vehicle shall not stand the street restrictions on service vehicle for hire otherwise than at an appointed stand street service and in accordance with these bye-laws. vehicles standing for hire.

Alternative 12. An existing appointed stand may be temporarily suspended appointed by executive order to facilitate construction / development / Stands maintenance of a roadway or footpath or any other traffic management purpose and an alternative location may be designated as an alternative temporary stand.

SCHEDULE 1 PERMANENT APPOINTED STANDS

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Ref. Location Limits of Appointed Stand Maximu Position of Vehicles No. m No. Of on Appointed Stand Vehicles

(1) (2) (3) (4) (5)

1 Bray Road, On the west side of Bray Road, 3 In a single line by the Cabinteely opposite the “Horse and Hound” kerb and parallel bar, beginning at a point 50m thereto facing South South East of the junction of East Bray Road and Brennanstown Rd and continuing for 14.5m.

2 Lower On the north side of Lower 10 In a single line by the Kilmacud Road, Kilmacud Rd in front of the kerb and parallel Stillorgan Stillorgan Shopping Centre, thereto facing South beginning at a point 20m west of West the junction of Old Dublin Rd and Lower Kilmacud Rd and continuing for 48.6m.

3 Sandyford On the west side of Sandyford Rd 5 In a single line by the Road, in front of the main entrance to kerb and parallel Dundrum the Dundrum Town Centre, thereto facing South beginning at a point 83m south East of the junction of Ballinteer Road and Sandyford Road and continuing for a distance of 30m.

4 Royal Marine On the west side of Royal Marine 7 In a single line by the Rd, Dun Road in front of St Michael’s kerb and parallel Laoghaire Church, beginning at a point 5m thereto facing South South West of the junction of West Eblana Ave with Royal Marine Road, continuing for 35m.

Ref. Location Limits of Appointed Stand Maximu Position of Vehicles No. m No. Of on Appointed Stand Vehicles

(1) (2) (3) (4) (5)

6 Northumberlan On the east side of 4 In a single line by the d Avenue, Dun Northumberland Avenue kerb and parallel Laoghaire beginning at a point 6m south of thereto facing South the junction of Northumberland Avenue and George’s Street

64 upper and continuing for a distance of 19.2m 8 Monkstown On the south side of Monkstown 3 In a single line by the Crescent, Crescent, opposite “The Pub” bar kerb and parallel Monkstown and restaurant beginning at a thereto facing East point 35m east of the junction of Clifton Avenue and Monkstown Crescent and continuing for a distance of 14.4m 9 Newtown On the north side of Newtown 3 In a single line by the Avenue, Avenue beginning at a point kerb and parallel Blackrock 135m west of the junction of thereto facing East Newtown Avenue and Idrone Terrace and continuing for a distance of 14.4m 10 Blackrock Dart Directly outside the entrance to 3 In a single line by the Station Blackrock dart station, beginning kerb and parallel at a point 7m south east of the thereto facing north entrance and continuing for a west distance of 14.4m 11 Church Road, On the west side of the Church 3 In a single line by the Ballybrack Road, beginning at a point 122m kerb and parallel north west of the junction of thereto facing north Church road and Military Road west and continuing for a distance of 18m

Ref. Location Limits of Appointed Stand Maximu Position of Vehicles No. m No. Of on Appointed Stand Vehicles

(1) (2) (3) (4) (5)

12 Ulverton Road, On the west side of Ulverton 3 In a single line by the Dalkey Road, beginning at a point 18m kerb and parallel north of the junction of Ulverton thereto facing north Road with Castle street and continuing for a distance of 14.5m 13 Blackthorn On the north side of Blackthorn 3 In a single line by the Avenue, Avenue beginning at a point kerb and parallel Sandyford and 132m east of the junction of thereto facing east Stillorgan Blackthorn Avenue and Business Park Blackthorn Road (just before the pedestrian crossing) and continuing for 14.5m

SCHEDULE 2

65 EVENING AND NIGHT TIME APPOINTED STANDS

Ref. Location Limits of Appointed Maximu Position of Period of No. Stand m No. of Vehicles on Availability Vehicles Appointed Stand (1) (2) (4) (5) (6) (3) 7 Sandyford On the west side of 9 18:00-06:00 Road Sandyford Rd in front of In a single line Monday to Winters Pub, beginning at by the kerb Sunday a point 148m south of the and parallel junction of Ballinteer Road thereto facing and Sandyford Road and South East continuing for a distance of 45m.

Ref. Location Limits of Appointed Maximu Position of Period of No. Stand m No. of Vehicles on Availability Vehicles Appointed Stand (1) (2) (3) (4) (5) (6) 5 Royal Marine On the east side of the 3 In a single line 12:00 – Rd, Dun Royal Marine Road at the by the kerb 06:00 Laoghaire junction of Eblana Ave with and parallel Royal Marine Road, thereto facing Mon - Sun continuing for 14.4m North East

"

A lengthy discussion took place during which Mr. J. Broderick, Senior Executive Engineer, Transportation Department and Mr. O. Keegan, County Manager responded to Members queries.

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

“That the Council agree to include some taxi spaces at St. Michael’s Hospital and at the cinema in Bloomfields Shopping Centre.”

It was proposed by Councillor J. Bailey, seconded by Councillor B. Conway and RESOLVED :

“That the report of the Manager be AGREED .”

C/551/08 Approval of Mortgage Loan under the Capital Loan & Subsidy Scheme for BIH Housing Association (Ireland) Ltd. for Social Units Located at the Grange, Stillorgan, Co. Dublin.

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

66 “On foot of a Part V Agreement in accordance with Section 96 of the Planning & Development Acts 2000-2002 entered into by Dún-Laoghaire Rathdown County Council with Glenkerrin Homes, 37 dwellings in the above development are being acquired for social housing.

BIH Housing Association (Ireland) Ltd. provides accommodation to meet a range of housing needs for single people and families.

BIH Housing Association (Ireland) Ltd. is an approved Voluntary Body for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act 1992. Approval has been sought from the Minister for the Environment Heritage and Local Government for a fully subsidised loan in the sum of €10,257,908.45 for the provision of 37 dwellings at The Grange, Stillorgan, Co. Dublin which consists of 12 x 1 bed and 25 x 2 bed apartments. These dwellings will be allocated to applicants from the Council’s Social Housing List.

Payment of this loan will not result in any expenditure by the Council; the full amount of the loan charges to the Housing Finance Agency will be recouped from the Department of the Environment Heritage and Local Government.

It is recommended that the following resolution be adopted; -

“Dún Laoghaire-Rathdown County Council hereby resolves that, subject to the sanction of the Minister for the Environment, Heritage and Local Government, approval be given to grant a fully subsidised loan in the sum of €10,257,908.45 (or such other amount as may be approved by the Minister) to BIH Housing Association (Ireland) Ltd., and to any further increases on foot of variations approved by the Minister for Environment, Heritage and Local Government in respect of the 37 dwellings at The Grange, Stillorgan in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10 th July 2006.”

______Marie Egan, Administrative Officer, Housing Department”

It was proposed by Councillor L. Cosgrave, seconded by Councillor J. Dillon Byrne and RESOLVED :

“That Dún Laoghaire-Rathdown County Council hereby resolves that, subject to the sanction of the Minister for the Environment, Heritage and Local Government, approval be given to grant a fully subsidised loan in the sum of €10,257,908.45 (or such other amount as may be approved by the Minister) to BIH Housing Association (Ireland) Ltd., and to any further increases on foot of variations approved by the Minister for Environment, Heritage and Local Government in respect of the 37 dwellings at The Grange, Stillorgan in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10 th July 2006.”

C/552/08 Approval of Mortgage Loan under the Capital Loan & Subsidy Scheme for BIH Housing Association (Ireland) Ltd. for Social Units Located at Levmoss, The Gallops, Dublin 18.

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

67

“On foot of a Part V Agreement in accordance with Section 96 of the Planning & Development Acts 2000-2002 entered into by Dún-Laoghaire Rathdown County Council with Park Developments, 24 dwellings in the above development are being acquired for social housing.

BIH Housing Association (Ireland) Ltd. provides accommodation to meet a range of housing needs for single people and families.

BIH Housing Association (Ireland) Ltd. is an approved Voluntary Body for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act, 1992. Approval has been sought from the Minister for the Environment Heritage and Local Government for a fully subsidised loan in the sum of €5,240,018.37 for the provision of 24 dwellings at Levmoss, The Gallops, Dublin 18 which consists of 10 x 1 bed and 14 x 2 bed apartments. These dwellings will be allocated to applicants from the Council’s Social Housing List.

Payment of this loan will not result in any expenditure by the Council; the full amount of the loan charges to the Housing Finance Agency will be recouped from the Department of the Environment Heritage and Local Government.

It is recommended that the following resolution be adopted; -

“Dún Laoghaire-Rathdown County Council hereby resolves that, subject to the sanction of the Minister for the Environment, Heritage and Local Government, approval be given to grant a fully subsidised loan in the sum of €5,240,018.37, (or such other amount as may be approved by the Minister), to BIH Housing Association (Ireland) Ltd., and to any further increases on foot of variations approved by the Minister in respect of the 24 dwellings at Levmoss, The Gallops, Dublin 18 in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10 th July 2006.”

______Marie Egan, Administrative Officer, Housing Department”

It was proposed by Councillor L. Cosgrave, seconded by Councillor A. Culhane and RESOLVED :

“That Dún Laoghaire-Rathdown County Council hereby resolves that, subject to the sanction of the Minister for the Environment, Heritage and Local Government, approval be given to grant a fully subsidised loan in the sum of €5,240,018.37, (or such other amount as may be approved by the Minister), to BIH Housing Association (Ireland) Ltd., and to any further increases on foot of variations approved by the Minister in respect of the 24 dwellings at Levmoss, The Gallops, Dublin 18 in accordance with the terms and conditions of the Capital Loan and Subsidy Scheme as adopted at the Council meeting of 10 th July 2006.”

C/553/08 Brennanstown Road Traffic Calming & Traffic Management Scheme, Section 138 Local Government Act, 2001

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

“In accordance with section 138 of the Local Government Act, 2001 the Council is informed that the Manager proposes to undertake works on Brennanstown Road as set out in the minutes of the Dun Laoghaire Area Committee meeting of the 3rd December, 2007 (Item DL/941/07) as herewith attached.

______Thomas Loftus Director Transportation Department

DL/941/07 “Brennanstown Road, Carrickmines – Traffic Calming and Traffic Management Scheme”

1. Objectives of Scheme The primary objectives of the scheme are as follows; To reduce traffic speeds and improve road safety -the road is very narrow with numerous accesses, many without any or adequate sightlines and traffic speeds on the straight stretch of road near the Barrington Tower entrance was monitored at in excess of 68km/h 85 th percentile speed within this 50km/hr speed limit zone To provide improved facilities for vulnerable road users - there is at best generally only a footpath on one side of the road but on the narrow section alongside the frontage of Brennanstown House there is no footpath at all. The proposed Barrington Tower development includes for a public footpath/cycleway link to the Brennanstown stop on Luas Line B1, which it is expected will result in increased numbers of pedestrians and cyclists using the road To reduce through traffic- currently this can be as high as approximately 50% in each direction at certain times of the day To facilitate the development of zoned lands - this relates to lands along Brennanstown Road, where such would be appropriate to gain access to or via Brennstown Road

The proposed works are to be undertaken under Section 38 of The Roads Traffic Act, 1994, which since none of the measures proposed have been prescribed by the Minister, means that the undertaking of these works is an Executive Function under the control of the County Manager not requiring the approval of the elected members (a Reserved Function)

2. Initial Scheme The initial scheme, which covers the length of Brennanstown Road from the Glenamuck Rd/Cornelscourt Hill Rd/Brighton Rd Junction to Cabinteely Village, as initially presented to Ward Councillors and which subsequently went on display during a non-statutory public consultation process comprised the following; • A series of speed ramps • Speed tables at the junctions with Carrickmines Wood, Brennanstown Vale, Carraig Glen and the proposed Barrington Tower development • Mini roundabouts at the junctions with Lehaunstown Lane and Lambourne Wood/Holmwood • One way section single carriageway (southbound only) of approximately 300m length between the area near the Egyptian Embassy entrance and the 90 degree bend near to the entrance to Glendruid House, complete with combined footpath/cycletrack

69 • Relocating the footpath from the west side of the road to the east side from Cabinteely Village to the Lehaunstown Lane junction to provide better pedestrian access to Carraig Glen and to the majority of individual houses along this stretch of road- this improves the sightlines from the vehicular entrances as well. • Provision of a signalised pedestrian/cyclist crossing in the vicinity of the proposed Barrington Tower development entrance

3. Public Consultation Process The Scheme went on public display from 23 rd September until 2 nd November, 2007 (including a one weeks extension to the initial period) in both the County Hall, the Cabinteely Library and the Council’s website and two public meeting sessions were held with Council Officials on the 23 rd October, 2007 in County Hall.A leaflet drop took place to all the houses on and accessing off Brennanstown Road.

The purpose of the non-statutory public consultation process was to obtain observations and comments from the public- it was not a plebiscite

Arising from this public consultation process there were 196 No.written submissions from the public and 66 No. people attended the public meeting sessions along with some of the Ward Councillors.

• The outcome of this process was; There was generally widespread support for all of the traffic calming measures proposed in the scheme. • The main issues of concern comprised; • Proposed one way system- this concern was primarily raised by residents from the Cabinteely Village end of the Scheme and related to community severance because of additional longer (time and distance) motorised trips especially to link to the M50 via Glenamuck Rd as well as resulting in further traffic heading towards Cabinteely Village from the houses on that side of the proposed one-way system • Potential for Rat Running through The Park, Cabinteely Estate-this concern was raised by a number of residents from the estate as well as others whose children go to the school in the area including some residents who live along/or off Brennanstown Rd and related to the potential for traffic diverting through this Estate, especially if the one-way system on Brennanstown Rd were to be adopted. • Inadequate widths of footpaths on some stretches near to Cabinteely Village- there were 2 sections in the scheme where limited road space reduced the footpath width to 1.0m whilst maintaining a constant 2 way carriageway width of 5.5m • Scale of future developments that would access Brennanstown Rd- at the public meeting sessions the public expressed concern on this issue. The Officials explained that it was not the intention nor appropriate to permit access onto this road for those developments where access should be provided via the Cherrywood LAP area. Planning refusals on those grounds had already occurred in respect of 2 developments, one for 700 residential units and the other for 500 residential units with both also refused by An Bord Pleanala who upheld this position. • Concerns over the process including this not being required to go through a Part 8 or other process that would be determined by a vote of the Elected Representatives (a Reserved Function)-this

70 was in response to the information given by the Council officials at the public meeting that the decision on what scheme would go ahead was an Executive Function. These works are being undertaken under Section 38 of The Roads Traffic Act, 1994 and the submissions from the public in respect to the validity of the process have no validity and the position set out by the Council Officials still stands.

4. Revised Scheme(as shown on drawings to be presented at the Meeting) The public consultation process proved to be very informative and helpful and in response to the concerns raised during that process the Consultants for the scheme, Messrs WSP, in conjunction with the technical officials from the Transportation Dept undertook a full and detailed review of the proposals and in consequence the scheme has now been revised in the following respects; • Proposed one way system is to now become a signalised 2 way shuttle system-this was in response to the considerable disquiet raised by local residents over community severance and the potential for rat-running through The Park, Cabinteely estate. The revised proposal now comprises a 2 way signalised shuttle system along the narrow section that was to be one-way in the initial scheme, but which still retains the combined footpath/cycleway proposal of the initial scheme. There are 3 individual house entrances each of which will be provided with signals linked to the primary signals at each end of the shuttle. The original misgivings, which were identified with this option compared to the originally proposed one-way option, were re-examined from first principles. In that regard reference was made to similar shuttles operating elsewhere both in Ireland and the UK and particularly that at the river crossing in Slane, Co. Meath, which is longer and carries more traffic. The proposed scheme has been reviewed on traffic safety, operational and capacity grounds and the Transportation Dept are satisfied that the system now proposed will be satisfactory in all respects and that the initial misgivings have been overcome. From a traffic safety/operational aspect the proposed 2 way shuttle system and other aspects of the scheme has also been independently reviewed by Malcolm Bulpitt of Messrs TMS, who was generally satisfied with the proposals in this respect, with any issues he raised now also being addressed in the proposed revised scheme. Mr Bulpitt in his Report suggested in order to address a number of the scheme objectives that a further alternative be considered consisting of closing the road completely by creating 2 cul-de-sacs - in view of the disquiet of the local public to the one way system on community severance grounds and the potential for further diverted traffic to rat- run through The Park, Cabinteely estate etc., this scheme option has been discounted on these grounds, despite it ticking a number of boxes of the other scheme objective. The traffic analysis has indicated that the average journey time for the revised scheme, whilst being slightly longer for local residents than the current unimpeded 2 way arrangement, will not be significantly different for those using it as a through route when compared to the direct alternative via Cornelscourt Hill Rd and hence the potential for diverted traffic rat-running via The Park Cabinteely, estate is in consequence also reduced. • Potential for Diverted Traffic Rat Running through The Park, Cabinteely Estate - as described above it is expected that the use of the 2 way shuttle system will greatly reduce this potential compared to the one

71 way option. Nevertheless, there is an expectation that both the 2 way shuttle system and the speed ramps etc., will still divert some of the through traffic, which was and remains a scheme objective. The alternative options for through traffic are however numerous, depending upon their origin and destination, and the route through The Park, Cabinteely estate is not envisaged to be favoured by any significant volume of the diverted traffic. In consequence it is proposed that the extent of rat-running through the estate be monitored after the signalised shuttle system is put in place and this will be compared to baseline traffic counts etc undertaken recently to determine if any significant increase arises. If a significant increase in ‘rat running’ traffic arises to the detriment of the Estate then traffic calming and/or creation of cul-de-sacs within the Estate will be considered by the Transportation Department in consultation with the local community. • Widening of footpaths at Cabinteely Village end of the scheme - there are two short sections where the road width is too narrow to provide footpaths wider than 1.0m, whilst still maintaining a constant carriageway width of 5.5m. It is proposed to deal with these as follows; • On the Lehaunstown Lane side of the Lambourne Wood/Holmwood junction it is proposed to take down and set back a short length of the dwarf stone wall at the landscaped area in front of the Lambourne Wood development –setback is of the order of 1.0m • On the Cabinteely Village side of the Lambourne Wood/Holmwood junction it is proposed to provide a short one way road pinch point/chicane system- should land become available on the south side of the road either by way of future development or by negotiation with the landowners then widening of the order of 1.0m will take place but this is not proposed at this time. • Roundabout at proposed Barrington Tower development entrance -it is proposed to replace the proposed speed platform here with a roundabout. This will still be a speed control measure but in addition it will provide a convenient turning facility for vehicular drop off to access the Luas station (kiss and ride) as well as a safeguard to allow vehicles to turn should any problems develop with the operation of the signalised shuttle- this will mirror a similar facility at the other end of the shuttle provided by the proposed Lehaunstown Lane roundabout.

5. Other Matters A report was sought from the Conservation Officer in respect of the works proposed in the vicinity of Brennanstown House (a protected structure) since some people at the public meeting had queried why road widening was not being proposed there instead of the one-way system. At that meeting it was explained by the Council officials that substantial engineering works would be required requiring either, severe encroachment onto the lands of the protected structure of Brennanstown House, or the properties on the other side of the road, or both, all of which would have significant impacts on the trees and boundary walls of the area and effectively would destroy the current sylvan nature of the area.

The Conservation Officer’s report endorses this view and whilst that report expresses concerns as to the use of ramps and roundabouts in the area they see this as far less damaging than the option to re-align the road.

6. Conclusion Following the non statutory public consultation process the Transportation Deptartment now intend to proceed to implement the Revised Scheme as presented at this meeting and to therefore proceed to the final design,

72 contract document and construction stages.

Full details of the following are available from the Transportation Dept; • Preliminary Scheme Drawings • WSP Report on technical assessment including Appendices on; • Report on written submissions during public consultation • Comments made by public and responses by Council Officials at the public consultation meeting sessions • Scheme Assessment Report of Malcolm Bulpitt (TMS) • Report from Conservation Officer • Traffic count data.

The foregoing report was NOTED at the Dun Laoghaire Area Committee meeting of 3rd December, 2007 and at the Dundrum Area Committee meeting of 29 th October, 2008.

C/554/08 Consideration of Report of Area Committee -

(a) Proposed Parking Scheme - Sandycove Road Retail Area / Ballygihen Avenue (part of)

It was AGREED to DEFER this item pending further consultations between the Ward Councillors.

(b) Proposed Parking Scheme - Brookfield Place Blackrock

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

“Report of the Dún-Laoghaire Area Committee (Transportation & Economic Development and Planning) held in the Council Chambers, County Hall, Dun Laoghaire on Monday, 6 October 2008

The following report by the Manager was circulated to the Members and AGREED:

DL/720/08 Proposed Parking Scheme - Brookfield Place, Blackrock

Dún Laoghaire-Rathdown County Council’s Parking Control Bye-Laws 2007 were adopted by Council on 11 June 2007 and came into operation on 1 August 2007. In accordance with the ‘Guidelines for the Implementation of Pay & Display Parking Control Schemes’, in primarily residential areas eligible residents will be surveyed to ascertain their preference in relation to the proposed introduction of the Parking Control Scheme.

Following representations received to include Brookfield Place, Blackrock in the Parking Control Scheme a ballot of the residents, listed on the Register of Electors, on Brookfield Place was carried out to ascertain the residents’ preference for the introduction of Pay & Display.

79 ballot papers were issued. Forty six completed ballot papers were returned by the closing date, 5 September 2008: three against the introduction of Pay & Display on Brookfield Place and forty three in favour of the introduction of Pay & Display on Brookfield Place.

73

It is proposed that Brookfield Place will have short stay (maximum 3 hours) parking to include residential parking with double yellow lines where appropriate, as indicated on drawing TT-059-01-08. In accordance with the Parking Control Bye-Laws 2007, the charge is €1.00 per hour.

It is recommended that the Parking Control Scheme as described is introduced in Brookfield Place, Blackrock.

The foregoing report was AGREED.”

The adoption of the foregoing report was AGREED.

Signed: Councillor Mary Mitchell O’Connor Area Chairperson

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

“The Council resolves to implement pay parking control on Brookfield Place, Blackrock.””

It was proposed by Councillor N. Bhreathnach, seconded by Councillor M. Baker and RESOLVED :

“The Council resolves to implement pay parking control on Brookfield Place, Blackrock.”

C/555/08 Cathaoirleach's Business: Councillor T. Joyce

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

C/556/08 Strategic Policy Committees - Report of Chairpersons

(a) Housing Strategic Policy Committee, held 18th September 2008

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

“Chairpersons Report of the Housing Strategic Policy Committee Meeting on 18 th September 2008 - Cllr Aidan Culhane, Chairperson

PRESENT

Byrne John, Councillor Hand Pat, Councillor Bailey John, Councillor O’Connor Noel, Mr O’Mahony Joan, Ms O’Callaghan Denis, Councillor Culhane Aidan, Councillor Smyth Carrie, Councillor Feighery Gene, Councillor

74 Apologies: Mr. Rodney Last

The Chairperson of the Strategic Policy Committee, Councillor Aidan Culhane, presided.

OFFICIALS PRESENT

Ms. K. Holohan, Director, Mr. E. Vesey, Senior Executive Officer, Ms. B. O’Reilly, Senior Executive Officer, Ms. Marie Egan, Administrative Officer, Ms. Ann Hegarty, A/Senior Executive Officer, Ms. L. Clifford, Administrative Officer, Ms. S. Naughton, Senior Staff Officer, Ms. G. Gavigan, Housing Welfare Officer and Ms. Margaret O’Donovan, A/Senior Staff Officer.

1. Confirmation and Adoption of Minutes of Meeting held on 19 th June 2008

Minutes of the meeting of the Housing Strategic Policy Committee held on 19 th June, 2008 were CONFIRMED and ADOPTED.

2. Presentation by Sonas Housing Association

Ms. Sharon Cosgrave from Sonas gave a Presentation on Domestic Violence, Housing & Homelessness which came to the following conclusions: -

• There is an established link between domestic violence and homelessness • No services in DLR currently • But we are hopeful that we will soon have a new initiative which will be the 1 st service for women and children in Parkview • We also hope that if the feasibility study confirms the need for refuge in DLR, Sonas will provide and run the refuge

Following a discussion during which Ms. Cosgrave responded to Members questions, the Committee welcomed the initiative and thanked Ms. Cosgrave for her attendance at the meeting.

3. Review of Affordable Housing Scheme

Ms. B. O’Reilly, Senior Executive Officer circulated and summarised a report on the Review of Affordable Housing Scheme: -

The report covered the following areas: -

• Basis for prioritising the allocation of affordable housing • Allocation of dwellings • Increase in number of applicants applying for affordable housing • Breakdown of no. of Applicants with priority in each Electoral Ward

A Draft of a new Affordable Housing Scheme was circulated with the report. Following a discussion during which Ms. Kathleen Holohan, Director of Housing & Ms. Bernie O’Reilly, Senior Executive Officer responded to Members queries, the Committee AGREED that the draft scheme be brought to a future meeting of the County Council.

4. Entering of item on Agenda for Next Meeting

75

It was AGREED that, subject to Councillor J. Bailey supplying necessary information, an item on the availability of affordable housing on the open market would be included on the Agenda for the next meeting.

5. Re-entering of Item

It was AGREED that Item 3 on the Housing (Miscellaneous Provisions) Bill 2008, would be re-entered for the next meeting of the Housing Strategic Policy Committee.

6. Scheme of Letting Priorities

A report on the Scheme of Letting Priorities which had been circulated was considered, which included suggested amendments. The suggested amendments included the following areas: -

• Eligibility Requirements • Determination of Priority • Housing Association Accommodation • Housing Areas • Housing Lists • Information given to applicants about their position on the housing list • Low demand properties • Anti-Social Policy • Information regarding housing applicants • Persons illegally occupying Council property • False or misleading information and withholding information • Separated Parents • Medical Need • Succession of tenancy • Transfer Scheme

Following discussion during which Ms. Kathleen Holohan, Director of Housing & Mr. Eugene Vesey, Senior Executive Officer responded to Members queries, it was AGREED that the Draft Scheme of Letting Priorities incorporating these amendments, together with examples of how the proposed housing district system might work in practice, would be brought to the next meeting of its Committee for further consideration.

7. Date of Next Meeting and Business to be Conducted at Next Meeting

It was AGREED that the next meeting would be held on 20 th November 2008 in the County Hall.

It was further AGREED that the following items would be considered at the November Meeting: -

• Issues in Housing Management • Quarterly Report on Housing Activity • Review of Affordable Housing Scheme • Progress Report Part V and affordable housing • Availability of affordable housing on the open market (subject to necessary information being supplied by Councillor J. Bailey)

76 • Item 3 on the Housing (Miscellaneous Provisions) Bill 2008 • Report on Homeless Facilities in the County and Future Needs”

(b) Economic Development & Planning Strategic Policy Committee, held 15th of September, 2008

The following report of the Chairperson of the Economic Development and Planning Strategic Policy Committee was CONSIDERED and NOTED :

“Economic Development and Planning Strategic Policy Committee Meeting Held 15 th September, 2008

One meeting of the Economic Development and Planning Strategic Policy Committee has been held since the last Report of the Chairperson.

15 th September,2008

The Chairperson, Councillor Lettie McCarthy presided. In attendance were Councillor T. Kivlehan, Councillor M. Mitchell O’Connor, Councillor T. Matthews, Councillor C. Smyth, Councillor T. O’Higgins, Councillor D. O’Callaghan, Councillor T. Joyce, Mr. Michael Sanfey, Mr. John O’Keeffe, Mr. Pat Nolan, Mr. John O’Connor.

No apologies were given.

Officials in attendance were Mr. R. Cremins, Acting Director of Planning, Mr. T. McHugh, Head of Corporate Services, Mr. D. Irvine, Senior Planner, Mr. T. Mahon, Administrative Officer, Ms. A. O’Connor, A/Administrative Officer, Mr. A. Kennedy A/Senior Staff Officer.

• Minutes of last Economic Development and Planning Strategic Policy Committee Meeting dated 16 th June, 2008 was confirmed and adopted.

• Question in the name of Councillor L. McCarthy in relation to comparisons in Planning Applications between 2007 & 2008.

• Proposed County Development Plan 2010 – 2016 – NOTED.

• A motion for the October, 2008 Council meeting was PROPOSED by Councillor T. Matthews and SECONDED by Councillor D. O’Callaghan which stated as follows:

“The Economic Development and Planning Strategic Policy Committee recommends that the vast range of uses open for consideration under the “F” zoning be reduced and that only a very limited number of uses that are compatible with an “F” zoning be retained.”

Following consultation by the Chairperson Councillor L. McCarthy with the SPC members it was AGREED to refer the above Motion to the October 2008 Council Meeting.

• Local Area Plan – Progress Report – NOTED.”

C/557/08 Ministerial/Departmental Correspondence

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

77

C/558/08 Other Correspondence

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

“(a) Clones Town Council 13 October 2008 regarding fuel allowance and living alone allowance; (b) Waterford City Council dated 13 October regarding taxis; (c) Waterford City Council dated 13 October regarding Stroke Strategy; (d) Kilkenny County Council dated 29 October regarding National Coalminers Group.”

C/559/08 "Park and Kiss"

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

“That the Manager examine the installation of “Park and Kiss” at DART stations, Luas stops and major Bus stops throughout the County.”

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

“The provision of “Park and Kiss” facilities at DART stations and at Luas stops would be a matter for Iarnród Eireann and the RPA respectively. The provision of such a facility at a bus stop would be a matter for the Council. In general it is considered that passengers being dropped at bus stops by car in the County is not a major cause of congestion and that the provision of dedicated facilities is not warranted.”

Following discussion, during which Mr. T. Loftus, Director of Transportation responded to Members queries, the motion was AGREED . It was also AGREED to have the terms of the motion included in consideration of the new Development Plan.

It was AGREED to take Item No. 28 in conjunction with this motion.

It was proposed by Councillor M. Bailey and seconded by Councillor J. Bailey:

"That the Manager examine the possibility of the Council providing a feeder bus to and from the main Dart and Luas stations at peak times during the week, to facilitate public transport users and to give them a choice to leave their car at home or pay for parking. A similar service is run by Fingal County Council in the area of Balbriggan and Skerries. This would alleviate the problem of parking or lack of parking at Dart and Luas stations."

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

“If this Motion is passed, Dún Laoghaire-Rathdown County Council will engage with Fingal County Council to provide details on how such a service was developed, planned, funded and implemented.”

78

Following discussion, during which Mr. T. Loftus, Director of Transportation responded to Members, the motion was AGREED .”

C/560/08 Hillview Cottage, Enniskerry Road

The following motion was MOVED by An Cathaoirleach, Councillor T. Joyce and seconded by Councillor J. Dillon Byrne WITHOUT DISCUSSION :

“That the Manager immediately instigate a variation to the County Development Plan 2004 - 2010 in order to rectify the drafting/mapping error that resulted in the lands at Hillview Cottage, Enniskerry Road being re-zoned from Objective A in the County Development Plan 1998-2004 to Objective F in the current plan without any consequent decision being taken by the County Council during the development plan process.”

The following report of the Manager was NOTED :

“The current County Development Plan was made in April 2004 – almost four years ago. The drafting/mapping error in respect of Hillview Cottage was only brought to the attention of the Planning Authority in recent months.

As the statutory Review process in relation to the next – 2010-2016 – Development Plan has commenced, it is not considered appropriate at this stage to initiate yet further Variations to the current Development Plan – particularly in this context where the Variation would relate to a single property.

The Planning Department has had lengthy discussions with the owner of Hillview Cottage to advise the timetable and procedures associated with the imminent Development Plan Review and has intimated that the drafting/mapping error that occurred in 2004 in respect of his property can be regularised during that Review Process.”

C/561/08 Suspension of Standing Orders

It was proposed by Councillor J. Bailey and seconded by Councillors M. Bailey, M. Baker, L. Cosgrave, M. Mitchell O’Connor, T. O’Higgins, P. Hand, D. Marren and L. McCarthy:

“That this Council condemns the actions of Ministers Mary Hanafin, Eamon Ryan and Barry Andrews for their involvement in the formulation of Budget 2009 and it’s shameful attack on the old, the young and the most vulnerable in our society and also condemns effusive support and ovation given to Budget 2009 by Deputies Ciaran Cuffe and Tom Kitt.”

A lengthy discussion took place following which a roll call vote on the motion was requested.

The result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √

79 Baker, Marie √ Bhreathnach, Niamh √ Byrne, John √ Conway, Barry √ Cosgrave, Louise √ Crowe, Gareth √ Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fallon, Ciarán Feighery, Gene √ Fox, Tony Hand, Pat √ Holohan, Ruairí √ Horkan, Gerry √ Joyce, Tom √ Kivlehan, Tom √ Marren, Donal Matthews, Trevor √ McCarthy, Lettie √ Mitchell O’Connor, Mary √ O’Callaghan, Denis √ O’Higgins, Tom √ O’Keeffe, Gearóid √ O’Leary, Jim √ Smyth, Carrie √ Total: 16 7 2

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

C/562/08 Re-entering of Items

It was AGREED to RE-ENTER Item No. 15(a), Item Nos. 22 to 27 and Item Nos. 29 to 65 to the December Meeting of the County Council.

C/563/08 Conclusion of Meeting

The meeting concluded at 8.00 p.m.

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