Minutes of the January Monthly Meeting of Clare County Council held in the Council Chamber, Áras Contae an Chláir, New Road, Ennis, Co. Clare on Monday, 10th January, 2011 at 3:45 p.m. Present: Councillors J. Flynn, P. Murphy, S. Scanlan, P. Daly, T. Brennan, J. Breen, T. Mulqueen, T. McNamara, B. Meaney, M. Conway, M. Hillery, R. Nagle, J. Arkins, J. Cooney, P. Hayes, P. Burke, P. Fitzgerald, M. Begley, C. Crowe, C. Curtin, O. Garry, P.J. Kelly, P. Keane, B. Chambers, G. Keating, J. Crowe, T. Mulcahy, P. McCarthy, P.J. Ryan, P. McMahon, G. Flynn. • Mr. Tom Coughlan, County Manager. • Mr. Michael McNamara, Meetings Administrator. • Mr. Finbar Tuohy, Staff Officer. • Mr. Ger Dollard, Director of Service. • Mr. David Timlin, Director of Service. • Ms. Nora Kaye, A/Director of Service. • Ms. Noeleen Fitzgerald, A/Head of Finance. • Mr. Sean Ward, Senior Engineer. • Mr. Gordon Daly, Senior Planner. • Mr. Brian McCarthy, Senior Executive Planner. • Ms. Fiona Mooney, A/Senior Executive Officer. • Ms. Mairead O’Donovan, Administrative Officer. • Mr. John Bradley, A/Senior Executive Officer. The Mayor, Cllr. C. Curtin presided. Vote of Sympathy. At the outset a vote of sympathy was extended to the following: • John Kelleher, Kilnaboy on the death of his mother Margaret. • The Lynch family, Latoon on the death of their daughter Patricia. • Cyril Feeney, Kilrush Area Office on the death of his father Andy. • The family of the late Liam McInerney, O’Callaghans Mills. • The family of the late Ann Heaney, Kilkee. Prayers were then recited for the deceased. The following correspondence was circulated at the meeting: • Information on Elected Member’s Training Seminar entitled “Local Authority Water Supply” being held in the Glenroyal Hotel, Straffen Road, Maynooth, Co. Kildare on 28th – 30th January, 2011. Fee €170. • Report on Councils response to the recent adverse weather conditions. Item 1: Minutes of Council Meetings. a. Ar moladh Cllr. T. Brennan Cuidithe ag Cllr. P. Fitzgerald agus glacadh leis. “That the Minutes of the December Meeting of Clare County Council held on 13th December, 2010 be adopted and signed.” Correction. Cllr. G. Flynn and Cllr. J. Breen requested that the wording of Items No. 15 and 16 of December agenda be inserted in the minutes of the December meeting and this was agreed. At the request of Cllr. P.J. Kelly records were circulated from the Mid West Regional Authority. These referred to Item 29 on the December agenda and provided clarification in relation to the motion Cllr. Kelly had moved at that meeting. b. Ar moladh Cllr. P. Fitzgerald Cuidithe ag Cllr. T. Brennan agus glacadh leis. “That the Minutes of the Adjourned December Meeting of Clare County Council held on 21st December, 2010 be adopted and signed.” c. Ar moladh Cllr. P. McCarthy Cuidithe ag Cllr. J. Cooney agus glacadh leis. “That the Minutes of the Budget 2011 Meeting of Clare County Council held on 21st December, 2010 be adopted and signed.” Item 2: Minutes of the Electoral Area Meetings. a. Ar moladh Cllr. G. Flynn Cuidithe ag Cllr. P.J. Ryan agus glacadh leis. “That the Minutes of the Shannon Electoral Area Meeting held on the 19th October, 2010 be noted.” Item 3: Minutes of the Corporate Policy Group Meetings. The members noted the minutes of the meeting held on 6th December, 2010 as presented. Item 4: Disposal of property pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. Proposed disposal of area of land at Dulick Townland, Gort Road, Ennis, Co. Clare. Report dated 14th December, 2010 from Mairead O’Donovan, Administrative Officer, Planning, Land Use and Transportation was circulated with the agenda. The report states that it is proposed to dispose of area of land comprising of 0.087 ha in the townland of Dulick at the Gort Road Industrial Estate, Ennis to Mr. John Power. The consideration proposed in respect of the disposal is €50,000 and subject to the conditions listed in the report. Ar moladh Cllr. T. Brennan Cuidithe ag Cllr. T. McNamara agus glacadh leis “Notice having been served pursuant to Section 183 of the Local Government Act 2001, Clare County Council approves pursuant to the powers vested on it at Section 211 of the Planning & Development Act 2000, of the disposal of area of land measuring 0.087 ha at Dulick Townland, Gort Road Industrial Estate, Ennis to Mr. John Power for an amount of €50,000 and subject to the conditions as set out in the notice served on the members dated 14th December, 2010.” Item 5: Disposal of property pursuant to Section 183 of the Local Government Act, 2001 and Sect ion 211 of the Planning & Development Act, 2000. Proposed disposal by means of a lease of area of land at Cois na hAbhna, Ennis, Co. Clare to Educate Together. Report dated 21st December, 2010 from Michael McNamara, Senior Executive Officer, Corporate Services was circulated with the agenda. The report stated that it is proposed to continue the existing lease to Educate Together for a further five year period at the same rental as at present i.e. €571 per week. The area in question is circa 1.6 acres. Ar moladh Cllr. P. Murphy Cuidithe ag Cllr. J. Flynn agus glacadh leis “Notice having been served pursuant to Section 183 of the Local Government Act 2001, Clare County Council approves pursuant to the powers vested on it at Section 211 of the Planning & Development Act 2000, of the disposal by means of a lease for 5 years of area of land measuring circa 1.6 acres at Cois na hAbhna, Ennis to Educate Together at a charge of €571 per week and subject to the conditions as set out in the notice served on the members dated 21st December, 2010.” Item 6. Declaration of Public Road pursuant to Section 11 of the Roads Act, 1993 at Ros na Ri, Shanaway Road, Ennis, Co. Clare. It was agreed that this item would be deferred. Item 7. Adoption of County Development Plan 2011-2017. Report dated 26th November, 2010 from Tom Coughlan, County Manager was circulated with the agenda. It was noted that the Draft County Development Plan 2011-2017 was already circulated to the elected members. The report states that the amendments to the Draft Clare County Development P lan 2011-2017 went on display on 5th October for the required public consultation period. A total of 111 submissions on the proposed amendments to the Draft Development Plan were received within the public consultation period. It was noted that the report in question forms a concluding part of the statutory procedure for the preparation of the new Clare County Development Plan 2011-2017. The report lists the persons or bodies who made submissions or observations to the proposed Amendments to the Draft Development Plan and summarises the issues raised. The report outlines that the next stage of the process is for the elected members to consider this Managers report and the proposed amendments to the Draft Development Plan. At the outset the Mayor drew the members attention to Section 4, page 153 of the “Managers Report to the elected members on submissions received on the proposed amendments to the Draft Clare County Development Plan 2011-2017, dated 26th November, 2010”. Cllr. J. Flynn stated that he wished to withdraw from the debate due to potential conflict of interests and the debate was opened to the floor. After discussion 7 No. amendments were proposed and these were as follows: Amendment No. 1 was proposed by Cllr. P.J. Kelly and seconded by Cllr. M. Conway. Modify the proposed amendments to the Draft Development Plan by the inclusion of the following in C.D.P. 11.5. “The Council will give consideration to development requiring direct access onto national secondary roads for farmers and their sons or daughters are actively engaged in farming the land, wishing to build a dwelling house for their own permanent residence on family land. It must also be clearly demonstrated that there is a genuine need for the dwelling proposed and that there are no other alternative sites available with access off a regional or local road. The development shall fully comply with the objectives set out in chapter 3 of the Plan Urban and Rural Settlement Strategy.” In relation to Amendment No. 1, Gordon Daly, Senior Planner outlined that new guidelines had issued from the Department and this was the reason for the proposed change. On a show of hands, this amendment was unanimously agreed by the members. Amendment No. 2 was proposed by Cllr. B. Meaney and seconded by Cllrs. T. McNamara, M. Hillery and M. Conway. Omit the following recommendation of the Manager’s Report dated 26th November, 2010 “To promote the provision of ecological buffer zones” as part (c) into C.D.P. 17.9. In relation to Amendment No. 2, Gordon Daly, Senior Planner stated he had no objection to this proposed amendment as there was adequate protection already afforded in the remaining objectives and existing legislation. On a show of hands, this amendment was unanimously agreed by the members. Amendment No. 3 was proposed by Cllr. B. Meaney and seconded by Cllrs. T. McNamara, M. Hillery and M. Conway. “With respect to the Managers Report of 26th November, 2010 I propose that the recommendation in respect of the addition of CDP 17.20 be modified as follows (additional text included shown bold): It is an objective of Clare County Council To ensure that development that will lead to excessive disturbance to wildlife and in ecological protected areas, in particular activities relating to recreation, tourism, marina development and leisure activities are not normally permitted.