DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of the Dundrum Environment, Culture and Housing & Community Area Committee held in the Dundrum Office - Main Street, Dundrum on Monday, 1 September 2014 at 5.00 pm PRESENT Councillors: Brennan, Shay McCarthy, Lettie Curran, Chris McGovern, Lynsey Daly, Kevin Murphy, Brian Dockery, Liam Murphy, Tom Donnelly, Deirdre Nic Cormaic, Sorcha Hand, Pat O'Brien, Peter Horkan, Gerry O'Neill, Seamas Madigan, Josepha Richmond, Neale Martin, Catherine Saul, Barry Councillor Barry Saul presided as Chairperson Apologies were received from Councillor Humphreys, Richard OFFICIALS PRESENT Ivar Blanker (Senior Executive Engineer, Environment), Bernie Gilligan (Senior Executive Officer, Corporate Services and Human Resources), William Horgan (Senior Engineer, Environment), Therese Langan (Senior Executive Officer Environment), Finbarr Murphy (Senior Staff Officer, Environment), Emer Sheridan (Assistant Staff Officer Environment) and Joe Whittle (Executive Parks Superintendent) DDE/180/14 Election of Chairperson Councillor Saul was NOMINATED by Councillor Hand. The nomination was SECONDED by Councillor Horkan. Councillor Saul was then ELECTED by the Committee as Chairperson. DDE/181/14 Confirmation and Adoption of Minutes Minutes of Meeting of Dundrum Area Committee (EHC) held on 7th May 2014 were CONFIRMED and ADOPTED. DDE/182/14 Proposed Disposal of Freehold Interest in Three Plots of Council owned Land in Ballyogan, to Horse Racing Ireland and Leopardstown Race Course, Leopardstown, Co. Dublin The County Development Plan 2010-2016 has a specific local object (No. 87) to provide a car park to link in with Foxrock Village on lands owned by Horse Racing Ireland. In order to achieve this specific local objective the Council commenced discussions with Horse Racing Ireland in relation to the acquisition of a site on which a car park could be constructed. The proposed car park site is located on lands at Foxrock Village and measures circa 4,345.81 square metres as shown outlined in red on Drawing No. PL-14-196. In the course of discussions, Horse Racing Ireland indicated that they would be willing to transfer the proposed site for a car park to the Council, in exchange for the Council disposing of three plots of land at Ballyogan, Co. Dublin to Horse Racing Ireland. Two of these plots, as shown outlined in red on Drawing Nos. PL-14-197 and PL-14-198, form part of residue lands left over after the completion of the South Eastern Motorway Scheme and are no longer required by the Council. The third plot of land as shown outlined in red on Drawing No. PL-14- 199 is part of larger parcel of land acquired from the Holy Ghost Fathers for Housing. Protracted negotiations took place between the Council’s Valuer and a Valuer appointed by Horse Racing Ireland but agreement was not reached as there was a significant difference in the balancing payment which each of the respective valuers considered were due to their client. To progress the matter Council Management met with Horse Racing Ireland and in the interest of the future economy of Foxrock Village, the ongoing deficiencies in relation to car parking in the area and the specific local objective (No. 87) in the County Development Plan 2010-2016, it was agreed in principle that the Council would dispose of the 3 plots of land at Ballyogan, Co. Dublin. The 3 plots of land are shown as outlined in red on Drawing No. PL-14-199 measuring 4,006.32 sq. metres, Drawing No. PL-14-198 measuring 861.80 sq. metres and Drawing No. PL-14-197 measuring 1,580 sq. metres to Horse Racing Ireland, in exchange for the acquisition of a plot of land by the Council measuring circa 4,345.81 sq. metres as shown outlined in red on Drawing No PL-14-196 from Horse Racing Ireland. This proposal is subject to the approval of the Board of Horse Racing Ireland and the Elected Members of the Council. There are services located on two of the plots of the land being disposed of by the Council. In this regard the Council will require wayleaves to be retained as shown highlighted in yellow on Drawing Nos. PL-14-199 and PL-14-197 in order to be able to access services. The other relevant Council Service Departments have no objection to the proposed exchange of lands. Having regard to the decision taken the Chief Valuer has agreed the following terms and conditions: a. That the exchange of lands outlined at paragraph b and c below is on the basis that no compensation is payable by either party. b. That Dún Laoghaire-Rathdown County Council shall dispose of its interest in the 3 plots of land as shown outlined in red on attached drawings; Drawing Nos. PL-14-197, PL- 14-198 and PL-14-199, subject to the retention of wayleaves highlighted in yellow on Drawing Nos. PL-14-197 and PL-14-199 to access services. c. That Dún Laoghaire-Rathdown County Council shall acquire the Freehold Interest or equivalent in the plot of land shown outlined in red on the attached Drawing No. PL- 14-196. d. That Horse Racing Ireland shall retain access to its property, via a right of way over a public roadway to be provided for on part of the lands to be acquired at Foxrock Village (shown coloured yellow) on attached Drawing No. PL-14-196. Note: The Council will not consider granting a right of way through the car park as part of this transaction. e That each party shall be responsible for its own costs in this matter. f. That all outstanding charges, rates and taxes and all other outgoings on the properties are cleared prior to completion of the transaction. g. That no agreement enforceable by law is created or intended to be created until exchange of contracts has taken place. It is proposed to dispose of the Council’s Interest in the 3 plots of land as shown outlined in red on Drawing Nos. PL-14-197, PL-14-198 and PL-14-199 to Horse Racing Ireland subject to the retention of Wayleaves as set out above. If the Committee has no objection in principle to this proposed disposal, a report will then be submitted to a future meeting of the County Council subject to the provision of Section 211 of the Planning and Development Act 2000 and in accordance with the requirements of Section 183 of The Local Government Act 2001. The Report of the Manager was NOTED. DDE/183/14 Ministerial/Departmental/Other Correspondence It was NOTED that there were no items for consideration under this heading DDE/184/14 Housing & Community Business QUESTIONS It was PROPOSED by Councillor Horkan and SECONDED by Councillor McCarthy and RESOLVED: That pursuant to Standing Order No. 13(c) questions numbers 5 - 6 inclusive be ADOPTED and APPROVED. DDE/185/14 SOCIAL HOUSING UNITS AT THE GRANGE Councillor R. Humphreys “To ask the Chief Executive what steps can be taken to seek funding to acquire social housing units at The Grange, Dublin 18?” “The Council’s housing construction and acquisition programme is funded and approved by the Department of Environment, Community and Local Government. The current approved construction programme for 2015/2015 does not include any provision for the acquisition of social housing units at The Grange.” DDE/186/14 SPENDING ON HALTING SITES IN STILLORGAN WARD Councillor J. Madigan “To ask the Chief Executive what was the spend on halting sites in the Stillorgan ward in the last three years and how many families have been housed on these sites?” “The Dún Laoghaire-Rathdown Traveller Accommodation Programme 2014-2018 shows both the existing and proposed sites for Traveller specific accommodation (both halting site & grouped housing) in the DLR administrative area. Currently there are three proposed sites in the Stillorgan Ward –Bird Avenue, UCD & Mount Anville Road. However, there are no existing halting sites or grouped housing schemes in that Ward area and therefore no spend.” DDE/187/14 Ministerial/Departmental/Other Correspondence It was NOTED that there were no items for consideration under this heading DDE/188/14 Environment Business QUESTIONS It was PROPOSED by Councillor Horkan and SECONDED by Councillor McCarthy and RESOLVED: That pursuant to Standing Order No. 13(c) questions numbers 8 - 36 inclusive be ADOPTED and APPROVED. DDE/189/14 DLR LEISURE SERVICES AND TOTAL FITNESS FACILITY Councillor C. Curran “To ask the Chief Executive to use whatever means at her disposal to request DLR Leisure Services to investigate the viability of the Total Fitness facility in Sandyford, to be operated under the control DLR leisure Services and to provide a report on their finding by the end of the year?” “The Chief Executive Officer of DLR Leisure Services will be written to and asked to investigate the feasibility of adding Total Fitness Sandyford to their current operations. A copy of this letter will be issued to the Councillor.” DDE/190/14 REVENUE FROM MARLAY PARK CONCERTS Councillor C. Curran “To ask the Chief Executive to provide a breakdown of all revenue generated or expected to be generated from the Marlay Park concerts of this year. Furthermore, could she also provide details of how these funds are expected to be spent, both from a capital, repair & operational perspective and to signify how much of the gross revenue will be re-allocated to Marlay Park and its environs?” “The Marlay Park Concerts have recently been reviewed and a comprehensive report on the 2014 Concerts will be presented to the Members at this evening's Dundrum Area Committee Meeting.” DDE/191/14 ALLOTMENTS IN BALLYOGAN ESTATE Councillor C. Curran “To ask the Chief Executive, what attempts have been made to install allotments for use by residents in Ballyogan Estate?” “The Parks Department and Community Department had extensive discussions with residents and community groups in Ballyogan regarding a possible community garden (community allotments) in an area at the rear of dwellings at Ballyogan Lawn/Ballyogan Crescent (beside the noise wall abutting the M50 motorway).