Comhairle Chontae na Gaillimhe Minutes of the Monthly Meeting held on February 26 th 2018 Áras an Chontae

Transcription

1 Comhairle Chontae na Gaillimhe Minutes of the Monthly Meeting held on February 26 th 2018 Áras an Chontae Cathaoirleach: Cllr. E. Mannion, Cathaoirleach of the County of Galway I Lathair Freisin: Baill: Cllrs. D. Burke, J. Byrne, N. Byrne, I. Canning, J. Charity, B. Connelly, D. Connolly, G. Cronnelly, Comh. S. Ó Cualáín, Cllrs. J. Cuddy, Comh. T. Ó Curraoin, Cllrs. S. Donnellan, A. Donohue, M. Fahy, P. Feeney, G. Finnerty, M. Finnerty, T. Healy, M. Hoade, P. Hynes, D. Joyce, F. Kearney, P. Keaveney, D. Killilea, J. McClearn, K. McHugh, T. McHugh, M. Noone, P. Roche, N. Thomas, Comh S. Ó Tuairisg, Cllrs. S. Walsh, T. Welby OIFIGIGH: Mr. K. Kelly, Chief Executive (Interim); Messrs. J. Cullen, Director of Service, M. Owens, M. Timmins, A. Farrell, Acting Directors of Service; Ms. E. Ruane, Director of Services; Mr. G. Mullarkey, Head of Finance; Ms. E. Dolan, Acting County Secretary & Meetings Administrator; Ms. V. Loughnane, Senior Planner; Mr. B. Dunne, Assistant Planner, Mr. S. Kilory, Acting Staff Officer; Ms. F. Mitchell, Staff Officer 1

2 Thosnaigh an Cruinniú leis an Paidir. Best wishes were expressed to Ms. E. Ruane, who commenced employment with Galway County Council on Monday, 26 th February, 2018 as Director of Services, Planning. Cllrs. G. Finnerty, Hoade, Comh. O Curroain, J. Byrne, Noone and Welby expressed their votes of sympathy to Pat Fahy. Votes of sympathy were expressed by Cllrs. Noone, Mannion, Walsh and Cuddy to Sinead Mc Govern Hynes. Cllr. Killilea and Comh.O Curraoin expressed their votes of sympathy to Padraig Devane. Cllr. Mannion extended her sympathies to Pat Fahy and Sinead McGovern Hynes and also to Thomas O Sullivan s, Community Warden mother. Cllr. Fahy extended his vote of sympathy to Tadhg O Sullivan on the passing of his wife Katie. Expressions of sympathy were expressed by Cllr. Walsh on the passing of Noel Barrett from Bohermore. Cllr. J. Byrne also expressed his sympathies on the passing of Noel Barrett. Cllr. J. Byrne congratulated Cian Mc Cormack from Ballinderreen on winning the European Boxing Championship. A Motion of congratulations was proposed by Cllr. Welby to Kieran Molloy who won the All Ireland Boxing. He thanked the Councillors for supporting Kieran in this achievement. On the PROPOSAL of Cllr. G. Finnerty and SECONDED by Cllr. Hoade, there was a Minutes Silence for Pat Fahy. 2

3 Resolutions of Sympathy 3178 A resolution of sympathy was also extended to the following: Mrs. Mary Broderick, Garrymore, Aughrim, Ballinasloe, Co. Galway. Mr. Tadgh O Sullivan & Family, Ardrahan, Co. Galway. Mrs. Lucy Connaughton, Racecourse Road, Loughrea, Co. Galway. Mrs. Celine Fahey, Cloone, Gort, Co. Galway. Bríd Bn Uí Dhonncha, An Rinn, An Cheathrú Rua, Co. na Gaillimhe. Mr. Tom & Sarah Anne Mc Guire, Curraghraw, Maam, Co. Galway. Sarah & PJ Mc Govern, Carnmore, Oranmore, Co. Galway. Mr. Glen Hynes, Carnmore, Oranmore, Co. Galway. Mr. Martin Joyce, Carane House, Claregalway, Co. Galway. Mr. Tom Burke, Coolagh, Castlegar, Co. Galway. Mr. Christy Burke, Caraun, Kiniska, Claregalway, Co. Galway. Austin & Delia-May Burke, Galway Road, Tuam, Co, Galway. Mr. Gerry Mullins, Shop Street, Tuam, Co. Galway. Confirmation of the Minutes of the Monthly Meeting Held on 29 th January Cllr. Fahy referred to a request he made at a previous Monthly Meeting that the Chief Executive write to the U.S. Ambassador stating that, it would be a great honour for the victorious Galway Minor and Senior Hurling Teams to visit the White House on St. Patrick s Day 2018 and be introduced to the President of the United States by their Managers Jeffrey Lynskey and Michéal Donoghue. Ms. E. Dolan responded stated she has communicated with the American Embassy Staff and as invites are very limited she had been advised that, it was unlikely to be forthcoming on this occasion. 3

4 Cllr. D. Connolly requested that Members be kept appraised of developments on the Ballinasloe Waste Application. He stated that the public will oppose the proposal and commented that the site is wholly unsuitable. The Chief Executive responded that Galway County Council is currently considering the Waste Licence application. On the PROPOSAL of Cllr. Hoade and SECONDED by Cllr. Kearney, the Minutes of the Monthly Meeting held on the 29 th January, 2018, was AGREED Consideration of Reports & Recommendations: 3180 (a) Environment & Water Services SPC Meeting held on 13 th September (b) Roads & Transportation SPC Meeting held on 6 th November On the PROPOSAL of Cllr. Donnellan and SECONDED by Comh. O Curraoin, the reports and recommendations of the Environment & Water Services SPC Meeting held on 13 th September, 2017, was APPROVED. On the PROPOSAL of Cllr. Cronnelly and SECONDED by Cllr. Cuddy, the reports and recommendations of the Roads & Transportation SPC Meeting held on 6 th November, 2017, was APPROVED. To consider report under Part 8 of the Planning and Development Regulations 2001, (as amended) that for consideration for proposed improvement works that consists of a road improvement Scheme and associated site works at Ballygar Village Crossroads on the N63 in the Townlands of Ballygar, Tullroe & Killeroran 3181 Cllr. Donohue welcomed the proposed works at Ballygar Village Crossroads commenting that this is a very busy route from Galway to Roscommon. On the PROPOSAL of Cllr. Donohue and SECONDED by Cllr. M. Finnerty, this report under Part 8 of the Planning and Development Regulations 2001, (as amended) that for consideration for proposed improvement works that consists of a 4

5 road improvement Scheme and associated site works at Ballygar Village Crossroads on the N63 in the Townlands of Ballygar, Tullyroe & Killeroran was APPROVED. To consider the County Galway Joint Policing Committee (JPC) Annual Report Cllr. Cronnelly requested an update on the staffing levels for the next Athenry/Oranmore Municipal Meeting. Cllr. Roche complimented the work carried out by the Members and the subcommittees of the JPC and that is a results driven forum. He stated that ambitious targets have been set and thanked the Members of An Garda Siochána, Executives and the Community Representatives for their input and support. Cllr. J. Byrne expressed his concerns about littering and the challenges that it imposes. Further to discussion he submitted the following motion; This motion calls on Galway County Council to carry out an analysis on the number of all householders who have contracts with licenced waste collectors in County Galway. The findings are to be assessed versus the number of houses who are registered for Local Property Tax. It must become law that all householders are compliant in the disposal of household waste and adequate enforcement must be put in place. This Motion was PROPOSED by Cllr. J. Byrne and SECONDED by Cllr. M. Finnerty and AGREED. Cllr. Fahy welcomed the Joint Policing Committee Report. Cllr. Cunniffe expressed support for work of JPC but has concerns as no funding is provided to the Committee and that the problem of illegal dumping is not improving. He asked whether Notice of Motion Monies could be used to fence off areas of illegal dumping. Cllr. Canning complimented the work of the JPC and the Community Wardens, however he stated that there are not enough prosecutions for illegal dumping and that Wardens may need further powers. He stated that the names of those prosecutor or illegal waste collectors should be published in newspapers given the 5

6 costs of clean-ups. Comh. O Curraoin commented on the works done to clean up the bog roads last year stating that the condition of same has declined again this year. Cllr. Roche remarked on the Data Protection issue to be resolved surrounding the installation of CCTV cameras. He welcomed Minister Naughten s announcement that funds will be made available through the Waste Enforcement Regional Lead Authorities to support a 2018 Anti/Dumping Initiative. These funds will be made available to support Local Authorities and community organisations in addressing dumping black spots and targeting those who show such disregard for their communities and environment. He commented that Wexford County Council has made provisions for a Matress Bank in their County and recommended that Galway County Council follow suit. Cllr. Connolly attended a soccer event recently complimenting the behavior of children on disposing of their litter correctly in bins at the event. In response to Cllr. J. Byrne s Motion, Mr. J. Cullen stated that the number of people contracted to Licenced Waste Collectors for waste collection has increased. He also commented that to analyse the number of householders contracted to Licenced Waste Collectors against the number of houses registered for Local Property Tax would require a dedicated team to be put in place which would prove difficult considering current staff resources. Mr. J. Cullen stated that more serious penalties need to be introduced and the challenge of serving Notices if people are absent or if offenders are Minors.. Cllr. O Cualain required that the Motion be further clarified as Licenced Waste Collection Companies do not cover all parts of the County and people need to prove how they dispose of their own litter. Cllr. Cuddy welcomed the additional funding being provided by Minister Naughten. Cllr. Cronnelly concurred with Cllr. Canning. He raised his concerns regarding the number of bogus refuse collectors who have no waste permit licence and stated that such contractors should be named and shamed. He recommended that communication channels be created between neighbouring Local Authorities to check if people are offending in more than one Local Authority area. 6

7 The Cathaoirleach thanked Cllr. Roche and complimented the dedicated work of the JPC. On the PROPOSAL of Cllr. Healy and SECONDED by Cllr. Hoade, the County Galway JPC Annual Report 2017 was AGREED To approve appointment of Replacement of Nominee to the Local Community Development Committee (LCDC) from Galway to Roscommon Educations & Training Board (GRETB) in accordance with Section 128 (c) of the Local Government Reform Act Cllr. Hoade requested an update on Leader Funding. The Chief Executive acknowledged the active role of the GRETB and the work of the LCDC. In relation to the Leader Programme, the roll out for Galway has initially been slower than other Local Authority areas but the monies allocated remain the same and work is progressing. On the PROPOSAL of Comh. O Tuairisg and SECONDED by Cllr.Hoade, the appointment of Replacement of Nominee [ INSERT NAME] to the Local Community Development Committee (LCDC) from Galway to Roscommon Educations & Training Board (GRETB) as set out in the report and in accordance with Section 128 (c) of the Local Government Reform Act 2014 was AGREED. To consider and if deemed appropriate to authorise the attendance at Conferences, Meetings, Other Events in accordance with Section 142 (5) of the Local Government Act 2001 (as amended) 3184 It was PROPOSED by Comh O Tuairisg, SECONDED by Cllr. Killilea, and AGREED, that the attendance of the Members named hereunder at the Celtic Conferences New Affordable Houses Schemes, to be held in the Four Seasons Hotel, Carlingford, Co. Louth on the 2 nd, 3 rd, 4 th March, 2018 be authorised: Cllrs. Kinane and Donohue 7

8 It was PROPOSED by Cllr. Feeney, SECONDED by Cllr. Roche, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Mc Clearn, It was PROPOSED by Cllr. Killilea, SECONDED by Cllr. Hoade, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Walsh It was PROPOSED by Cllr. Fahy, SECONDED by Cllr. Killilea, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Hynes It was PROPOSED by Cllr. Killiea, SECONDED by Cllr. Hynes, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Fahy It was PROPOSED by Cllr. Walsh, SECONDED by Cllr. Hoade, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Roche 8

9 It was PROPOSED by Comh. O Curraoin, SECONDED by Cllr. Cuddy, and AGREED, that the attendance of the Members named hereunder at The Institute of Professional Training - Citizens Assembly or an Assembly of Citizens in the Whitford House Hotel, Wexford, on the 9 th, 10 th & 11 th March, 2018 be authorised: Cllr. Cunniffe To consider the deferral of Notices under Section 20 3(a) (i) and (ii) of the Planning and Development Act 2000 a s amended in respect of the Maigh Cuilinn Local Area Plan, for a period of not exceeding five years (i.e) 5 years from 26 th February Cllr. Thomas expressed his concerns regarding deferring the Plan as there is a need to progress developments in the village and the Relief Road is causing concern. He explained while he is in favour of incorporating the Local Area Plan in line with the timeline of the County Development Plan, however he sought a commitment that this would be done as soon as possible and that a report would be provided by the Roads Department, to quantify if the relief road will be of use in the future. Cllr. N. Byrne agreed that the inner relief road needs to be dealt with and stated that the best plan for Maigh Cuilinn would be to incorporate same in line with the timeline of the County Development Plan. Cllr. Walsh commented that it would be simpler to be dealing with particular planning applications as material contraventions and this would alleviate concerns. In reply, Ms. V. Loughnane explained that the County Development Plan is not due to be reviewed until early 2019 as part of the statutory legislative framework in place. In relation to the inner relief road there will be consultation with the Roads Section prior to any decision to either retain or remove the road from the Maigh Cuillin Plan. Ms. Loughnane advised there are adequate lands available for residential development and therefore, a deferral does not impede development. On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Thomas, the deferral of the Maigh Cuilinn Local Area Plan, for a period of not exceeding five years (i.e.) 5 years from 26 th February 2018 was AGREED. 9

10 To consider the Chief Executives Report on the Submissions received on the Proposed Variation No s. 2a & 2b to the Galway County Development Plan as per Section 13 of the Planning & Development Act 2000, (as amended) 3186 Ms. V. Loughnane outlined that the Chief Executives Report was in relation to submissions received on the proposed variation No. 2a (Bearna) & 2b (Gaeltacht) to the Galway County Development Plan She highlighted that 59 submissions had been received in relation to variation No. 2a and 36 submissions in relation to variation No. 2b. She outlined that discussions had taken place recently with members at the Connemara MD meeting and the Athenry/Oranmore MD meetings. She thanked the members for their engagement and fruitful discussions. She asked members to draw their attention to the submission from the Department of Housing, Planning and Local Government and also advised that the plans must be in line with the core strategy and flood risk guidelines that accompanies the plans. She advised members that Mr. B. Dunne would now give a presentation and go through the chief executives recommendations in relation to each submission received. Mr. B. Dunne commenced his presentation in Irish stating he would go through the Chief Executive s Report on submissions received on the proposed variation No. 2a & 2b to the Galway Count Development Plan He explained that this report forms part of the statutory procedure for varying a Development Plan and is prepared under Section 13(4) of the Planning and Development Act He advised that in making the variation to the County Development Plan, the members shall be restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates, the statutory obligations of any Local Authority in the area and any relevant policies or objectives of the Government or any Ministers of the Government. He stated he would now go through the Chief Executives Report on submissions received on the proposed variation No. 2a (Bearna), giving a general overview of each submission. Submission No. 1 from the Department of Housing, Planning and Local Government notes and supports the general thrust of the policies and objectives 10

11 contained within the proposed variations. The Department has concerns in relation to the compliance with the Core Strategy of the Galway County Development Plan and the amount of lands zoned for phase 1 residential lands and the quantum of phase 2 residential lands in the proposed Bearna Plan. Mr. Dunne stated that the Planning Authority has allocated Residential Phase 1 lands in bearna in compliance with the core strategy of the Galway County Development Plan There is a requirement of 12.12ha of phase 1 residential lands and the Planning Authority has zoned this quantum of hectares. There is approximately 31.2ha of phase 2 residential lands. Chief Executives Recommendation: Insert the following table: Table 4.2 Phase 1 and Phase 2 Residential Lands Zoning Residential (Phase 1) Residential (Phase 2) Area 12.15ha 31.2ha On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Welby, the Chief Executives Recommendation in relation to Submission No. 1 was AGREED. [NOTE: The yellow parts are highlighting proposed additions, these are shown in red text highlighted yellow. Proposed deletions then are shown in red text highlighted yellow with red strike through.] Submission No. 2 from the Department of Culture, Heritage and the Gaeltacht notes the purpose of the Variation 2a to inform and manage the future development of the plan areas in conjunction with the various objectives for development and environmental protection in the County Development Plan. In particular it is noted that various aspirations and commitments are made in relation to future tourism and amenity developments in the variation areas. Such developments in the areas in question may be ecologically and environmentally sensitive and, at project stage, 11

12 may be problematical for the Council as the regulating authority and competent authority for appropriate assessment, and/or as the developer. Mr. Dunne stated that the proposed variation identifies an objective to support the creation of a Coastal Amenity Park. He also advised that the coastal setback (Objective CF7) will ensure that there is no direct land take from any designated site, and all projects will be subject to their own appropriate assessment process (Objective BNH 3) once project level details are known. It is stated by the NPWS that in the case of Variation 2a (Bearna), the screening report focuses excessively on European sites up to 15km away, and then outlines site sensitivities or vulnerabilities which have little relevance to the variation or settlement area, or to any effects likely to arise from these. Mr. Dunne stated that the 15km zone of influence is an industry standard for ecological assessments as detailed in the NPWS 2010 and CIEEM 2016 guidelines. Chief Executives Recommendation: Update the site specific rational in Table 3.2 of the Appropriate Assessment to identify the existing policies within the CDP with which the Variation must comply. A hyperlink to each of the SSCO s will be provided within the NIR to ensure it is clear this information was used to inform the assessment process. The NIR for Variation 2(a) will be updated to consider in combination effects of Variation 2(b). On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Welby, the Chief Executives Recommendation in relation to Submission No. 2 was AGREED. Submission No. 3 from the Department of Education and Skills referenced the population numbers that have been allocated for Bearna and if this population was to materialize, this would necessitate two extra classrooms for primary school going children and 38 school places at post primary level. The Department stated it is envisaged that this growth in population can be accommodated within the existing schools in and surrounding the plan area and that sufficient lands zoned for educational use should be provided in the plan. Mr. Dunne advised that the comments in relation to the requirement of additional classrooms and school spaces is noted. He stated that the Planning 12

13 Authority has sufficient land zoned Community Facilities (CF) hectares 4.7ha in the Bearna Plan. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan Cllrs. N. Byrne, Welby, Kearney, Walsh and Comh Ó Curraoin expressed disappointment with the Department of Education and Skills in relation to this submission. They feel that the current site is not adequate to meet the growing needs of the area and that the matter needs to be dealt with as a matter of urgency. On the PROPOSAL of Cllr. N. Byrne, SECONDED by Comh. Ó Curraoin, the Chief Executives Recommendation in relation to Submission No. 3 was AGREED. Submission No. 4 from Transport Infrastructure Ireland acknowledged the contents of the proposed variation 2a to the Galway County Development Plan Mr. Dunne stated the submission was noted. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. Healy, SECONDED by Comh. Ó Curraoin, the Chief Executives Recommendation in relation to Submission No. 4 was AGREED. Submission No. 5 from the Northern and Western Regional Assembly (NWRA) noted that the variation was being prepared at a time when the National Planning Framework (NPF) is being finalized and when the Regional Spatial and Economic Strategy (RSES) pre-draft public consultation is under way. It was suggested that the plan would benefit from including a table illustrating the quantum of Residential Phase 1 lands and Village Centre lands that in combination that they do not diverge from the core strategy projections of the Galway County Development Plan. 13

14 Mr. Dunne stated that the Planning Authority will review the National Planning Framework (NPF) and the RSES when completed and will start the process of reviewing the Galway County Development Plan in the first quarter of He also advised that a table illustrating the quantum of Phase 1 and Phase 2 Residential lands will be provided in the plan. Chief Executives Recommendation: See Chief Executives Recommendation to Submission No.1. On the PROPOSAL of Cllr. J. Byrne, SECONDED by Cllr. D. Connolly, the Chief Executives Recommendation in relation to Submission No. 5 was AGREED. Submission No. 6 from the Environmental Protection Agency (EPA) suggested that there would be merits including a commitment to ensure that the variation will be consistent with the National Planning Framework and the North and Western Regional Spatial and Economic Strategy (RSES) which are currently being prepared. Mr. Dunne advised that the Planning Authority will ensure that the Galway County Development Plan will be in compliance with the National Planning Framework and the associated RSES. He stated that the Planning Authority will be involved with the other counties in the region in the preparation and finalisation of the RSES. He outlined that the process of reviewing the Galway County Development Plan will occur in the first quarter of 2019 and the plan will be in full compliance with the EU and National Directives. Cllr. Cuddy queried if this plan was done in line with the previous planning framework as same is no longer relevant. Ms. Loughnane confirmed that the Chief Executives Report was finalised prior to the National Planning Framework which was released on the 16 th February 2018, however it was agreed that the proposed variation No. 2a and 2b to the Galway County Development Plan would be in line with the National Planning Framework and the Regional Spatial and Economic Strategy. 14

15 Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Comh. Ó Tuairisg, SECONDED by Cllr. Feeney, the Chief Executives Recommendation in relation to Submission No. 6 was AGREED. Submission No. 7 from the Dublin Airport Authority had no comment to make on the proposed variation No. 2a. Mr. Dunne stated the submission was noted. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. Walsh, SECONDED by Cllr. Healy, the Chief Executives Recommendation in relation to Submission No. 7 was AGREED. Submission No. 8 from Peadar Mac Fhlannchadha relates to the protection of the Irish language in accordance with Section 10 of the Planning and Development Act 2000 (as amended). Mr. Dunne stated that the proposed variation 2a to the Galway County Development Plan is in full compliance with Section 10 of the Planning and Development Act 2000 (as amended). He advised that a number of the policy initiatives that were raised, are already contained in the Galway County Development Plan and the Bearna Plan will support and compliment these policies. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Welby, the Chief Executives Recommendation in relation to Submission No. 8 was AGREED. 15

16 Submission No. 9 from Ciaran Quilty considered that the Inner Relief Road as indicated in the draft Bearna Plan was very close to the back gardens of 1-4 Carraig an Iolair and it would appear that the road encroaches into the back garden of adjacent properties. It was requested that the road should be relocated to the vacant land behind Carraig an Iolair which would minimize the disruption of the existing dwellings. Mr. Dunne advised that the Part 8 (Reference LA27/06-Bearna Inner Relief Road) was approved at a meeting of Galway County Council on the 23 rd October He highlighted that a section of the inner relief road had already been constructed. He stated that in the Bearna LAP the road-line was illustrated on the maps. He outlined that the proposed variation 2a-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. He said the reference refers to encroachment on private properties as per this submission was noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower than the corridor shown. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. Welby, SECONDED by Comh. Ó Tuairisg, the Chief Executives Recommendation in relation to Submission No. 9 was AGREED. Submission No. 10 from Patrick McCabe Architects relates to the construction of the inner relief road in Bearna. It states that the road is illustrated transecting a number of properties. It is suggested that an alternative positioning/reservation of the road would be less destructive to the East/North of Carraig an Iolair. Mr. Dunne advised that the Part 8 (Reference LA27/06-Bearna Inner Relief Road) was approved at a meeting of Galway County Council on the 23 rd October He highlighted that a section of the inner relief road had already been constructed. He stated that in the Bearna LAP the road-line was illustrated on the maps. He outlined that the proposed variation 2a-Bearna Plan 16

17 does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. He said the reference refers to encroachment on private properties as per this submission was noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower than the corridor shown. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Welby, the Chief Executives Recommendation in relation to Submission No. 10 was AGREED. Submission No. 11 from Fainse Ni Cheidigh requested that the draft boundary of the Bearna plan would be extended to include a number of land parcels, folio numbers GY 76572F and GY86985F. It is requested that these lands would be zoned Phase 2 Residential. Mr. Dunne stated that the Planning Authority considers that the lands that are requested to be zoned Phase 2 Residential are outside the draft boundary of the Bearna Plan and are considered remote from the built up area of Bearna. He advised that there is approximately 31.23ha of Residential Phase 2 lands in the Bearna Plan which is considered sufficient. He said that the subject lands are located in the rural area and will be assessed for single residential units under Chapter 3 of the Galway County Development Plan and the subsequent objectives will apply. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. N. Byrne, SECONDED by Cllr. Welby, the Chief Executives Recommendation in relation to Submission No. 11 was AGREED. Submission No. 12 from Seamus Hickey related to the zoning of lands for Community Facilities. 17

18 Mr. Dunne outlined that an amendment had been received from members in relation to this submission. The motion proposed by members is as follows: Given the lack of community facilities in Bearna and the requirement to zone appropriate lands, it is proposed to accept the variation and the Chief Executive s Recommendations in part but to zone a portion of the lands Phase 1 residential to allow for a limited number of units to be developed on the lands; rezone 1.5 acres of lands related to this submission as Phase 1 (map included with motion). Mr. Dunne advised members that if additional lands were zoned R1 then this would be contrary to the plan, he asked members to refer to submission No. 1 from the Department of Housing, Planning and Local Government confirming same. As a result the Elected Members proposed to a number of subsequent amendments to the motion as follows: (a). Remove a parcel of Residential Phase 1 lands(1.5acres) and replace with Residential Phase 2 lands(1.5 acres) as per attached map (Material Alterations Proposed to the Variation No.2a Map 1A Land Use Zoning Bearna Plan). (b). Remove a parcel of Community Facilities lands(1.5acres) and replace with Residential Phase 1 lands (1.5 acres) as per attached map (Material Alterations Proposed to the Variation No.2a Map 1A Land Use Zoning Bearna Plan). This motion was PROPOSED by Cllr. N. Byrne, SECONDED by Comh. Ó Curraoin, and AGREED. Submission No. 13 from Sarah Kelly referred to the construction of the inner relief road in Bearna. It stated that the road illustrated transecting a number of properties. It was suggested that an alternative positioning/reservation of the road would be less destructive to the East/North of Carraig an Iolair. Mr. Dunne advised that the Part 8 (Reference LA27/06-Bearna Inner Relief Road) was approved at a meeting of Galway County Council on the 23 rd October He highlighted that a section of the inner relief road had already been constructed. He stated that in the Bearna LAP the road-line was 18

19 illustrated on the maps. He outlined that the proposed variation 2a-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. He said the reference refers to encroachment on private properties as per this submission was noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower than the corridor shown. Chief Executives Recommendation: No change to the Proposed Variation No. 2(a) to the Galway County Development Plan On the PROPOSAL of Cllr. Welby, SECONDED by Cllr. Walsh, the Chief Executives Recommendation in relation to Submission No. 13 was AGREED. Submission No. 14 from Peter O Fegan c/o Freeport Landowners was a lengthy submission received from a number of landowners. Mr. Dunne outlined that there was amendments received from members in relation to this submission. Submission No.14 relates to lands south of the R336 where a number of additional submissions were received in relation to adjacent lands. He explained that Connor Skehan from CAAS ltd was in attendance to discuss with the members and clarify any issues/questions that they may have. Mr. Dunne recommended that each submission in relation to proposed land use zoning changes in this area will be discussed so the members are fully aware of the proposed changes that are being proposed which are contrary to the Chief Executives recommendation and Ministerial Guidelines. Prior to this discussion on land use zoning changes it was decided to discuss the remaining contents of the submission in relation to objectives etc. The first motion proposed by members was as follows: Objective UD2 New Buildings. Building heights, widths and material finishes shall be in keeping with the character and scale of existing development in the area and shall be appropriate to the locality, site context and building function. A maximum building height of two storeys two half storeys will generally apply but 19

20 reduced building heights will be required in visually vulnerable locations e.g. coastal side of the road. Increased building heights may be considered in exceptional circumstances where they contribute positively to the village character and design subject to a high standard of urban design and have no adverse impacts on amenity. A discussion then took place regarding this proposal. Cllr. Healy said there are three storey buildings in Bearna so asked what the logic in changing this now is. He stated that there is a general restriction in Ireland regarding three storey buildings. Cllr. Thomas stated that Bearna is already developed well back from the shore line. He said that it is his view that Bearna should be developed in a promenade style like Salthill. Mr. Dunne stated that the Planning Authority is concerned that a maximum building height of three storeys as the general parameter of building heights in the area could possibly have an adverse impact on the setting of the village. He said it was considered reasonable to retain the maximum building height of two half storeys as the objective allows flexibility as increased building heights maybe considered in exceptional circumstances where it can be demonstrated that the proposed development would contribute positively to the character of the village. Ms. Loughnane confirmed that if high design found appropriate in an exact location then the Planning Authority would look favorably on same as there is flexibility in the objective re good urban design. Comh. Ó Tuairisg said that any development may impact on sea views if promenade development. He envisaged that eventually there would be a walk way from Salthill to Bearna. Cllr. Mannion reminded members that two meetings had already been held with Planning Authority staff to discuss this plan. 20

21 Comh. Ó Tuairisg stated he was not happy with the outcome of either meeting. He said he had the same view as other members and feels plans for a promenade should be put in place. Comh. Ó Cualáín said that buildings along the R336, coastal views from the road is gone. He outlined that there is already a precedent set in Bearna for three storey developments. Mr. Dunne confirmed again that the objective allows flexibility as increased building heights maybe considered in exceptional circumstances where it can be demonstrated that the proposed development would contribute positively to the character of the village Objective UD2 New Buildings. Building heights, widths and material finishes shall be in keeping with the character and scale of existing development in the area and shall be appropriate to the locality, site context and building function. A maximum building height of two storeys two half storeys will generally apply but reduced building heights will be required in visually vulnerable locations e.g. coastal side of the road. Increased building heights may be considered in exceptional circumstances where they contribute positively to the village character and design subject to a high standard of urban design and have no adverse impacts on amenity. This motion was PROPOSED by Comh. Ó Tuairisg, SECONDED by Cllr. Thomas, and AGREED. In relation to Objective UD3 Protect all the sea views along the R336 by ensuring that any new developments on the seaside of the R336 is of a high design quality, suitably laid out, provide residual views and are appropriately restricted in height so as to effectively integrate with the coastal landscape of the Village centre. A discussion took place and Cllr. Thomas proposed to Delete wording UD3 Coastal Views. 21

22 Cllr. Cuddy agreed with Cllr. Thomas that if the wording was not deleted then Planners could take their own interpretation of the objective. Cllr. Thomas proposed that this wording was removed in its entirety. However a further discussion took place and Cllr. Feeney queried the wording of the objective and the approach that would be taken from a Development Management perspective. Mr. Dunne reiterated the premise of this objective and considered that an amendment to the wording of objective UD3, would resolve the issues that the members have: Protect all the sea views along the R336 by ensuring Ensure that any new developments on the seaside of the R336 is of a high design quality, suitably laid out, provide residual views and are appropriately restricted in height so as to effectively integrate with the coastal landscape of the Village centre. This motion was PROPOSED by Cllr. Thomas, SECONDED by Cllr. Walsh, and AGREED. Mr. Dunne outlined the amendment that was requested with Objective CCF4- Water Bodies and Water Courses as follows: Objective CCF4-Water Bodies and Water Courses The existing streams in Bearna shall be protected as follows: Restore and reinstate streams or portions of streams that have been filled in or covered over as part of new developments; Culverting of the streams shall be restricted. Culverting of the streams shall be restricted in new developments except in the case where it can be demonstrated that it mitigates against flooding and/or where it can add to and enhance the overall enjoyment and amenity of the development. This motion was PROPOSED by Cllr. Thomas, SECONDED by Cllr. Walsh, and AGREED. 22

23 The next motion proposed by members was as follows: It is proposed to accept the variation in part and the Chief Executive s Recommendations specifically regarding the removal of opportunity site no.3 and the Business and Enterprise Zoning. However, it is proposed to replace the entire zoning as Village Centre and remove the conjunction with open space/recreation & amenity from the subject lands; rezone lands related to this submission as Village Centre. Mr. Dunne presented maps to the members associated with this proposal. He advised that there had been no new evidence to illustrate any change in the flood extents since previous plan. He reminded members of Submission No. 1 from the Department of Housing, Planning and Local Government in relation to compliance with Ministerial Guidelines. He then introduced Connor Skehan from CAAS ltd who would answer any questions that the members may have in relation to the flood mapping and the Stage 2 Flood Risk Assessment. Mr. Skehan introduced himself and reminded members that he previously discussed with them flooding issues in the past and specifically referenced the Headford Plan. He said he had been out on the land in question numerous times and pointed out that the mapping contained with the Draft Plan is accurate. He stated that everyone present here today had seen houses previously flooded and the destruction that this flooding causes re water, sewerage etc. He highlighted that if these lands were to be used for residential purposes then whoever buys this site and builds on it, the land will flood. He reminded members that a similar issues occurred with the Headford Plan and the power was taken away from the Elected Members in the form of a Ministerial Direction on a number of land parcels in Headford that were susceptible to flooding. Mr. Skehan reaffirmed the contents of the photos that were illustrated on the screen in front of them, which clearly illustrated the extent of the flooding and that each member has seen the reports, pictures and videos. He advised the members to take these maps serious for the sake of the people who currently own the land and who will own it in the future. He commented that the members have all the relevant information and should make the decisions based on the factual information presented to them. 23

24 Comh. Ó Tuairisg explained that hydrologist reports have been carried out by people showing flooding would not be an issue. He stated that these lands slope towards the sea and there is a stream next to them which would drain the land so he cannot understand how they could flood. Comh. Ó Cualáín said he is over 70 years old and had never heard of a problem with flooding in Bearna. He stated that the current issues are because of man-made issues. He explained he walked the land last Friday after all the rain last week and he did not see any sign of floods on the land. He commented that these lands will never flood. He said that people have gone to the expense of carrying out hydrologic reports themselves and there seems to be serious mixed reports here. Cllr. M. Connolly stated that when consultants carry out report they add the worst possible outcome. He asked Mr. Skehan could he elaborate more on his concerns. He said there is a resident here 70+ years and never seen flooding in the area. Cllr. Thomas explained he had walked these lands from the sea to north point of the land and did not witness any signs of flooding. He said there is contradicting reports therefore who do we listen to. He stated it is impossible make a decision, cannot just go on a hunch that it may flood. He explained that the members were proposing to include these lands in the village centre and there is also an individual submission asking for same. Cllr. N. Byrne thanked Mr. Skehan for the information supplied. She asked for some clarification in relation to the consultants reports. She commented that there is a problem for the owner with access to the site if its left as green, therefore she asked if the land was zoned village centre could an access road be built. Cllr. Walsh said that under the current plan most of that land is zoned green. He stated that it should not remain as is, there is no chance of flooding. Mr. Skehan referred to the flood maps on the screen and advised members that it doesn t have to be a storm event that brings on flooding, an example of this was the flooding in Kinvara recently, Mother Nature. He said that mapping of the floods is based on more than just calculations, there is a lot in the process, looking at maps, 24

25 the site in question etc. He said that a resident 70 years of age may not have seen flooding taking place as flooding maps cover 100 years. He explained that directive re carrying out flood tests is very strict and the rules are simple that need to be carried out. He explained that the tests carried out for this plan was done on a recent depth bed test. He explained that people can carry out tests themselves but how deep was the bed test used. He referred to the comment from Cllr. N. Byrne re land access and confirmed that access could be arranged to the site but it should not compound the issues at this location. Mr. Skehan referred to the Culvert area, he pointed out that it specifically says that the culvert will be over whelmed and will cause flooding and go over the road and into the land across from it. He said if someone was ever to build in the site it will flood. He commented that this plan is for the members to make but he was advising what will happen and not to proceed with zoning vulnerable land uses on a flood risk area. Cllr. Healy asked if the problem re flooding requires infrastructure involvement. He commented that everyone should be looking at ways of sorting out the problem. He feels that if we continue to take the precautionary measures then this would stop all developments then. Mr. Skehan agreed that there is a lot of alarmism out there re flooding. He outlined that sea levels have been rising every year for the past 1500 years and will continue to rise. He said that a middle ground needs to be found so development can continue to go ahead.. He agreed that there is an element of precautionary measures but overall the maps are very accurate. He said that floods will always come back, the general rule is what s there is there but do not build in its way making things worse. Cllr. Hoade referred to a similar issue in the Headford area. She explained that no local knowledge was taken on board at the time. She asked if local knowledge was ever taken into account. Mr. Skehan explained that a lot of the focus would be on local engineers who would have local knowledge, previous maps are always looked at and for plans like this he would go out on the lands in question. 25

26 Cllr. Hoade pointed out that local area engineers may only be a short time working in an area, therefore she feels local knowledge should be taken on board in future. Cllr. Welby pointed out that people have spent a lot of money on carrying out hydrologic reports themselves. He said as he has seen the results of these reports himself and he cannot agree with what is being said here today re flooding. He commented that these reports should be used as people have gone to a lot of expense on them. Cllr. J. Byrne said that flood maps are a good guide as they highlight possible concerns but feels there should be conditions incorporated in to the planning application process to deal with floods. He commented that in order to protect villages people need to be able build in the area. He stated that he supports his colleagues as proper planning and development will ensure flooding is not an issue. Cllr. Cuddy asked if there was any evidence to show that these particular lands flood. He said there is two very conflicting reports being spoken about at this meeting. Cllr. Thomas stated that there had been countless discussions on this matter but a decision has to be made here today and he feels the only option is for these lands to be zoned village centre. Cllr. N. Byrne outlined that this was the first day that Mr. Skehan was discussing the matter so she wanted to be certain on the information provided. She asked without the flooding is the culvert adequate. She also asked him to clarify what he thought the depth of the stream was for the tests carried out by the individuals and if he thought they were different to the tests he carried out. Comh. Ó Cualáín commented that these hydrologic reports are showing different results. He pointed out that there had not been a dry day over the past few months so asked how many flooding issues has the area engineer had to deal with. 26

27 Cllr. Fahy said that he has been a representative for a number of years and had never seen any flooding issues here. He stated that a plan cannot be based on climate change. Cllr. Walsh said he fully agreed with what Cllr. J. Byrne had to say. He stated that with the correct planning applications flooding should not be a problem, example of this would be to keep the floor levels high and if there is a particular part of the site at risk of flooding then use these for amenity. Cllr. Noone advised that if the land is zoned residential then it is still subject to a planning application. He asked if it was possible to carry out works then at that stage to the site in order to prevent flooding from occurring. Mr. Skehan explained that the flood zone maps do not take account of who owns what part of the land, it is just based on flooding areas, therefore he pointed out that it is possible that only part of a person s land may flood. He highlighted that it had happened in the past that a person built on the better part of the land and it did prevent it from flooding. He advised though that the further down the stream you go the bigger the flooding issue is. He said in relation to the query re depth of the test, he explained that the material removed showed stoney material on the site. He said that it would have helped if he knew previous and current bed levels to assist with making a decision. He stated that previously when flooding occurred houses were small and did not have many belongings, but nowadays there are a lot of belongings and houses are destroyed during flooding. Ms. Loughnane commented that there had been a significant amount of information received from Mr. Skehan re flooding. She said if there was any indication of flooding then the Planning Authority must act on same. She advised members to consider all the information provided to them but explained that the correct thing to do would be to acknowledge the flood risk in the particular area. Cllr. Thomas said that Mr. Skehan pointed out that the further down the stream you go the bigger the flooding problem is but he stated this is not correct. Therefore he proposed that the lands are zoned village centre. This motion was PROPOSED by Cllr. Thomas, SECONDED by Cllr. Walsh. 27