Minutes of the County Council held in the Council Chamber, County Hall, Marine Road, Dún Laoghaire, Co. Dublin on Monday, 10 April 2006 at 5.

Transcription

1 DÚN LAOGHAIRERATHDOWN COUNTY COUNCIL Minutes of the County Council held in the Council Chamber, County Hall, Marine Road, Dún Laoghaire, Co. Dublin on Monday, 10 April 2006 at 5.00 pm PRESENT Crowe, G. Feighery, G. Byrne, J. O'Higgins, T. Smyth, C. Bailey, J. F. Baker, M. Bhreathnach, N. Childers, N. Conway, B. Cosgrave, L. Culhane, A. Devlin, C. Dillon Byrne, J. Fallon, C. Fox, T. Horkan, G. Joyce, T. Kivlehan, T. Marren, D. Matthews, T. McCarthy, L. Mitchell O'Connor, M. O'Leary, J. Bailey, M. Apologies for inability to attend were received for Councillor Hand, P., O'Callaghan, D. and O'Keeffe, G. An Cathaoirleach, presided. OFFICIALS PRESENT C/184/06 Vote of Condolences A vote of condolence was passed with the family of Dr. John de Courcy Ireland R.I.P. An Leas Cathaoirleach, the Members, the Manager and staff stood and observed one minutes silence. C/185/06 Confirmation of Minutes Minutes of County Council meeting held on 13 March 2006 were ADOPTED. C/186/06 Questions (see attached appendix) It was proposed by Councillor M. Baker and seconded by Councillor J. Dillon Byrne and RESOLVED: That pursuant to Standing Order no. 110 question numbers A1 to A21 inclusive be ADOPTED and APPROVED. C/187/06 1

2 Information on Recycling Centres/Recycling Collection Points Question: Councillor M. Baker To ask the Manager to include a link under the quick links on the Council s website for information about the County s recycling centres and recycling collection points, including what items are acceptable at each point and information about what types of plastics categories can be recycled and where? Reply: A link for Dublinwaste.ie is already included on the quick links of the Council s website. This website contains a comprehensive list of bring banks and recycling centres that are located within the entire Dublin region. To avoid duplication it is not proposed to include a separate link specifically for the Dún LaoghaireRathdown area. C/188/06 Electoral Register Question: Councillor M. Baker To ask the Manager to confirm if a Countywide review of the Electoral Register will be taking place in the next twelve months so as to make the Register as accurate as possible for the next election? To outline the procedure if any, for informing the Council of inaccuracies that become known to Councillors in the course of their work? Reply: At the moment, there is an onus on individuals to take steps to satisfy themselves that they are on the Register of Electors. However, the Council facilitates the registration of individuals and the updating of the register by the following: Environment Heritage and Local Government to raise awareness of the Registe the need for the public to engage in the process to ensure a high accurac website and may complete an application form online for inclusion in the Registe 1. House to house enquiries by Inspectors to identify necessary changes for the p the Draft Register. 2. An advertising campaign is carried out each year by the Council and the Depa Register process. 3. The public may check if they are registered on the Register of Electors on 4. The draft Register is made available at Libraries, County Hall, Dundrum Loc Garda Stations for inspection by members of the public. 5. Claims may be made by the public to have any corrections made to the draft Reg The Council welcomes information from Councillors on any updating required to the Register. The Franchise Section in Corporate 2

3 Services may be contacted by or telephone with this information. A Working Group has been set up under the auspices of the Local Government Computer Services Board which has reached the final stage of the Electoral Register Business Process Improvement exercise. It is understood that the recommendations made by the Working Group will be sent to the Department of the Environment Heritage and Local Government in the coming weeks. C/189/06 Environmental Waste Charge Question: Councillor N. Bhreathnach To ask the Manager to respond to this complaint logged onto the Council's web page during the last month "I tried to use your automated system for payment of environmental waste charge. When prompted, I entered my account number (details supplied). The robot voice echoed my number back to me and asked me to enter my account number. I did so again, whereupon the robot said "Sorry, we cannot proceed with your transaction" or words to that effect. It is not possible to reach anyone at the phone number given on your statements, and since the automated telephone service does not work, this makes it very difficult to pay the charge."? Reply: The system referred to is the automated telephone system, which allows customers to pay their waste charges by credit or laser card. The automated telephone system also provides customers with an option to speak to an operator. The system has been set up to accept payments for accounts with debit balances only. The customer in question wished to pay charges even though his account was in credit. We are examining the possibility of putting arrangements in place to facilitate customers who wish to make a payment for an account that is either in credit or has a zero balance. The customer who logged the complaint referred to in the question was contacted by the Council and his payment has been processed. C/190/06 Health Study Vicinity of Ballyogan Landfill Site 3

4 Question: Councillor M. Corrigan To ask the Manager for the full text report provided to this Council by the "East Coast Area Health Board" following the Council's previous request to the "East Coast Area Health Board" to undertake a Health Study of residents living within the vicinity of the Landfill Site at Ballyogan? Reply: A copy of Report dated 19 March 2004 from Eastern Regional Health Authority is attached. This Report was previously circulated to Councillors on 13 th May C/191/06 Waste Management Centre, Ballyogan (i) (ii) Question: Councillor M. Corrigan To ask the Manager, as it has now been indicated by a number of parties including the Council's established Liaison Committee that there are views that the present site at the Waste Management Centre, Ballyogan is too small, to provide a report on: the adequacy of the size of the site for its present facilities; the implications of size limitations of the site for the proposed Biological Treatment Facility? Reply: (i) The success of the Recycling facilities at Ballyogan has placed pressures on the daytoda the facility and has caused congestion at peak times at the facility. Notwithstanding these difficulties the facility is still greatly in demand and improvemen been made to ease the flow of materials and customers through the facility. There is not funding available for major expansion works at this facility at present and th addressed at the preparation of estimates for However it is hoped that the experien the last eighteen months of operation together with the public s familiarity with the facilitie greatly improve efficiency of the operation and mean that major expansion will not be requ Expansion of recycling facilities in locations other than Ballyogan is a high priority and i such proposed facilities (listed in Waste Management Plan) will decreas Ballyogan. (ii) There is an area of land 300m x 150m approx set aside for the provision of compost Ballyogan. This land is located to the landfill side of the Ballyogan Stream and is adequate f required. C/192/06 Purchase of Land Ballyogan Road Question: Councillor M. Corrigan To ask the Manager if approaches have been made to third parties along Ballyogan Road to 4

5 purchase land and if negotiations are presently underway and, if so, what is the purpose and the expected timeframe? Reply: The County Council is not involved in the acquisition of land along Ballyogan Road. The Rail Procurement Agency have submitted a Rail Order to the Minister for Transport for the extension of the Luas from Sandyford to Cherrywood to include a route along Ballyogan Road. An Oral Hearing was held recently where affected parties whose land is required for the scheme could make submissions to the Inspector appointed. C/193/06 Quantity of Concrete Consumed by Council Reply: The Roads Maintenance Section used approximately 2,650 cubic metres of concrete in direct labour works in The Traffic Section uses approximately 200 cubic metres of concrete per year. In the Road Design and Construction Division the predominant quantities of concrete used in recent years have been in the construction of the South Eastern Motorway. Because this scheme is a Target Price Contract, these quantities are not available to the Council. Approximately 3,500 cubic metres of concrete in Housing Construction. C/194/06 Tall Building Proposals Question: Councillor L. McCarthy To ask the Manager, when the Planning Department are evaluating tall building proposals that demonstrate through the submission of detail that they are of the highest architectural quality what measures are taken to ensure that inferior details and materials are not substituted at a later date? Reply: Where planning permission for a tall building is to be granted, the detailed design, materials and finishes, and treatment of the public realm will be secured through appropriate planning conditions. 5

6 In particular, condition one of all permissions requires that the development be carried out entirely in accordance with the plans, particulars and specifications lodged with the application save as may be required by other conditions. It is also standard practice to include a condition requiring the written agreement of the Planning Authority in respect of the details, colour and texture of proposed materials and finishes. Any subsequent breaches of these or other conditions can be pursued by the Planning Authority through the Enforcement process as set out in the Planning and Development Acts. C/195/06 Social Housing Provided by Council Question: Councillor L. McCarthy To ask the Manager to please provide a full list of all Social Housing provided by this Council in each Ward within the County? Reply: There are currently c.4,200 dwellings in Council rented stock spread throughout the County. The information sought by the Councillor does not currently exist in the format requested, and the Housing Department does not have the resources available at present to compile such information. The Councillor is however referred to Appendix 2 of the Social & Affordable Housing Action Plan which lists all of the Social Housing Schemes constructed in the County. C/196/06 Proposed Part 8 Schemes Question: Councillor L. McCarthy To ask the Manager to please provide a full list of all proposed Part 8 schemes in each Ward within the County? Reply: The following are proposed Social Housing Schemes, which are currently at or due to go out to Part 8: Dundrum Broadford, Ballinteer 20 Currently at design stage prior to going to Part 8 Glencullen Kingston, Ballinteer 39 Currently at Part 8, submission period closed, Planning report to go to Council meeting 6

7 Blackglen Road 67 Currently at Part 8, on public display to 19/04/06, submissions can be made up to and including 4/05/06 Enniskerry Road 127 Design layout presented to the Dundrum Area Committee 3/4/06 Lambs Cross 28 Design layout presented to Dundrum Area Committee on 5/12/05, due to go out to Part 8 shortly Cromlech Close 16 Currently at Design stage prior to Part 8 C/197/06 Use of Generators on Building Sites Question: Councillor L. McCarthy To ask the Manager if there is any provision under the Planning and Development Act or the Noise Pollution Act that addresses the use of generators on building sites outside normal working hours? Reply: Section 34(4)(C) of the Planning & Development Act 2000 enables a Planning Authority to attach a condition to a permission requiring the taking of measures to reduce or prevent (1) the emission of any noise or vibration from any structure or site comp development authorised by the permission which might give reasonable cause f either to persons in any premises in the neighbourhood of the development o lawfully using any public place in that neighbourhood or (2) the intrusion of any noise or vibration which might give reasonable cause for any person lawfully occupying any such structure or site. The Planning Authority accordingly attaches the following condition to relevant planning permissions: Construction work shall be restricted to between the hours of Monday to Friday and on Saturdays. No construction works to be carried out on Sundays and Public Holidays. The use of compressors/generators or any such equipment shall not be used outside the specified construction hours. Reason: To reduce the impact of noise emanating from the site in the interests of the amenities of the adjoining residences. The Environmental Protection Agency Act, 1992 can be used to ensure that the quietest type of generator is used and that it is sited in the best position to minimise noise effects on the neighbours. C/198/06 7

8 Enforcement Officers Question: Councillor M. Mitchell O Connor To ask the Manager how many enforcement Officers are employed in this Council; to state if he thinks this amount is adequate to carry out efficiently the number o orders? Reply: The Council currently employs 2 Planning Inspectors who investigate and report on breaches of planning permissions & noncompliance with the provisions of the planning legislation. Provision has been made in the 2006 budget for the employment of an additional Planning Inspector whose duties will include planning enforcement & ensuring compliance by developers with the terms of the Development Contribution Scheme. Sanction from the DOEH&LG to the creation of this post, in substitution for an existing post, has just recently been received and arrangements will now be put in place to fill this post. While it is always desirable to be in a position to assign additional staff to those areas of activity where additional resources are required the Council is satisfied that, having regard to budgetary constraints and the limitations on staff employment imposed by the DOEH&LG, the maximum staff resources available are assigned to planning enforcement. C/199/06 System for the Clearing of Gullies/Drains Question: Councillor E. Regan To ask the Manager to report on what action has been taken (i) to improve the system for the clearing of gullies and drains since the submission of a motion by this Councillor on the matter at the September 2005 Council meeting and (ii) to confirm whether the 417 roadside drains identified by this Councillor, a list of which was submitted with that motion, have in fact been cleared? (i) (ii) Reply: A revised gully cleaning programme has been put in place in the Dun Laogha significant progress has been made. 50,000 was also approved in the estim cleaning by contract in this area in Discussions with staff are ongoin documents will be prepared shortly. Approximately 85% of the gullies identified have been cleaned as part of the g programme. However, up to 20% of these are not working because they connections, which were damaged mainly by utilities over the years. 8

9 C/200/06 Social Housing Programme Question: Councillor E. Regan To ask the Manager to confirm, in the relation to the Council s Social Housing Programme, (i) the state of progress on the three social housing projects approved by this Council in Loughlinstown, Sallynoggin and Blackrock since taking office and (ii) new projects likely to come before this Council in the current year? Reply: (i) The state of progress in relation to the three social housing projects approved by this Council in Loughlinstown, Sallynoggin and Blackrock is set out below: Scheme: No. Current Position Loughlinstown Drive 49 NABCO to construct and manage scheme. Application for funding under Capital Loan & Subsidy Scheme submitted to DOEH&LG for approval. Benamore, Blackrock. 43 Cost Plan submitted to DOEH&LG on 1/2/2006. Approval to proceed to tender received on 22/3/2006. Tender documents being finalised. Total no. of units 92 Tenders received Pearse Street, Sallynoggin. 52 Tenders received and being examined. Target start date June 2006, subject to acceptance of tender being sanctioned by DOEH&LG Total no. of units 52 (ii) The following are the proposed Social Housing Schemes, which are at or are anticipated to go to Part 8 during the year : Broadford, Ballinteer 20 Currently at design stage prior to going to Part 8 Kingston, Ballinteer 39 Currently at Part 8, submission period closed, Planning report to go to Council meeting Blackglen Road 67 Currently at Part 8, on public display to 19/04/06, submissions can be made up to and including 4/05/06 Enniskerry Road 127 Design layout presented to the Dundrum Area Committee 3/4/06 Lambs Cross 28 Design layout presented to Dundrum Area Committee on 5/12/05, due to go out to Part 8 shortly Cromlech Close 16 Currently at Design stage prior to Part 8 C/201/06 9

10 Recycling of Glass/Plastic Bottles Question: Councillor E. Regan To ask the Manager to report, in relation to the recycling of glass and plastic bottles, (i) what new glass and plastic bottle banks sites have been introduced in the County in 2004, 2005 and 2006 (to date) (ii) what new sites have been identified and the anticipated date of installation and (iii) the adequacy of the existing sites and new sites are to comply with the recycling targets of the Council? Reply: Since 2004 glass recycling facilities have been introduced in the following locations. Dundrum Family Recreation Centre, Finsbury Park, Churchtown, Killiney Hill Park, Dalkey, Landscape Road, Churchtown, Meadow Vale, St Olafs GAA Club, Rathsallagh Park Shankill, Sallynoggin Community Centre, Stonemasons Way, Sweetmount Avenue, UCD College and Vodafone, Leopardstown Road. In 2005 the Council introduced 4 plastic recycling banks around the County. In December 2005, the Council opened a recycling park at Eden Park, Glasthule. This has been hugely successful and it is hoped that planning permission can be obtained for additional recycling parks in the areas identified in the Waste Management Plan for the Dublin Region C/202/06 Cost of Roadworks Question: Councillor E. Regan To ask the Manager, in relation to the cost of roadworks carried out by the Council either in house or by outside contractors to report on (i) how the cost of road repairs, footpath improvements and repair of roadside drains / gullies are benchmarked (ii) how the cost incurred by this Council in carrying out such work compares to that of other Councils in the Dublin Region (iii) and to confirm by way of example the cost incurred by the Council in carrying out such works road, footpaths and drains on Clonkeen Road in Deansgrange, which have been ongoing for over two years? Reply: (i) Contract works are awarded based on open competitive tenders. The crite awarding works are as follows: Rates, Availability, Previous Experience, Health & Safety Record, Insur References. Unit costs are compared for similar types of work. (ii) (iii) Costs would be similar. The contract works on Clonkeen Road commenced in April 2005 and were completed in November These works included new road drainage, footpath reconstruction and road reconstruction and resurfacing. The tot 10

11 667,882 and was fully funded by the DOEHLG Road Restoration Grant. The p and bus stops were also upgraded at the same time. The last remaining section of footpath will be reconstructed later this year a footpath restoration programme after completion of duct laying by Eircom. M repair works are being carried out by direct labour off Clonkeen Road at present C/203/06 Private Residential Tenancies Board Question: Councillor C. Smyth To ask the Manager how much has been received by the County Council in income from the Private Residential Tenancies Board to date? Reply: The Private Rented Tenancies Board took over the registration of private rented properties with effect from the 1st September The Department of the Environment, Heritage and Local Government advised the Council in November 2004 that the recoupment from the Private Tenancies Board in 2004 would generally be by way of a payment calculated on the basis of onethird of the total registration fee income attributable to the number of registrations with each local authority on 31 st December There were 1,182 properties registered at 31 st December For subsequent years, the distribution to local authorities of funding available from registration fee income will be related to the performance by authorities of their statutory functions relating to the private rented sector, as well as to the number of tenancies in their functional area that are registered with the PRTB. The following amounts have been received from the Board since that date: 1/9/ /12/ ,980 1/1/ /12/ ,951 The income for 2005 is based on 5/7 th of the registration fee income received in 2005 in respect of registered tenancies (i.e. 4708) in the county and adjusted to take account of the uneven distribution of registration fee income across the fouryear tenancy cycle. C/204/06 Private Residential Tenancies Board Question: Councillor C. Smyth To ask the Manager are the funds received from the Private Residential Tenancies Board ringfenced to provide funds to inspect dwellings suitability? 11

12 Reply: The income from the registration fee is for the purpose of assisting local authorities in their functions of enforcing the rent books and standards regulations. The funds received are receipted to the housing revenue account to part fund the cost of the service provided by the Environmental Health Officers on behalf of the Council in relation to the Housing (Standards for Rented Houses) Regulations C/205/06 Inspections of Dwellings Question: Councillor C. Smyth To ask the Manager how many inspections of dwellings have taken place since the Council began to receive these funds to date? Reply: Inspections in relation to standards in accordance with the Housing (Standards for Rented Houses) Regulations 1993 are carried out on behalf of the Council by the Environmental Health Officers employed by the Health Services Executive. Since the Private Residential Tenancies Board was set up on 1st September 2004 the following number of inspections have been carried out: 1/9/ /12/ inspections 1/1/ /12/ inspections 1/1/2006 to date 88 inspections C/206/06 Number of Dogs Collected by Dog Warden Question: Councillor C. Smyth To ask the Manager for the number of dogs which were collected by the Dog Warden and brought to the pound, over the last four years, to be presented in monthly figures? Reply: The numbers of dogs brought to the dog pound over the last four years are as follows: Month Jan Feb March April May June July August

13 Sept Oct Nov Dec C/207/06 Lease Agreements Question: Councillor C. Smyth To ask the Manager to communicate any future and existing lease agreements which are renewed with the Councillors? Reply: Records of Executive Business and Manager s orders are available to Councillors at the monthly meetings of the County Council. The records include renewal of leases and the terms applicable. The records are available at any time for inspection in the Development Department. C/208/06 Conferences (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) The following conferences, copies of which had been circulated to the Members, were CONSIDERED: The Battle of the Boyne it s legacy, Europa Hotel, Drogheda, Co. Louth. 27 th 29 th April Cork County Council Annual Mayors Conference, Castle Hotel, Macroom, Co. Cork. 2 nd Mar Local Government Delivering the Future Now, Newpark Hotel, Kilkenny. 20 th 21 st April 2 Castlebar Regional Training Centre, Timeless Leadership, The TF Royal Hotel & Theatre, Mayo. 7th March National Forestry Conference 2006, Tullamore Court Hotel, Tullamore, Co. Offaly. 10th Ma The 2nd Annual Irish Public Private Partnerships Policy Forum, Gresham Hotel, Dublin. 5th Coláiste Uladh , Gortahork, Letterkenny, Co. Donegal. 20th23rd April 2006 Seanchaí Kerry Literary & Cultural Centre The Importance of the Arts in Urban Regener Arms Hotel, Listowel, Co. Kerry. 20th21st April What Lies Ahead? How will we Heat our Homes and Businesses in an Uncertain Furt Arms Hotel, Co. Longford. 28th April th National Tourism Conference The Future of Our Past The Role of Heritage & Cult Development Dolmen Hotel, Kilkenny Road, Carlow. 23 rd & 24 th March Waste Management Conference, Dealing with Waste Downings Bay Hotel & Confe Downings, Co. Donegal. 24 th 26 th April Kerry Mental Health Association Conference Exercising Your Mental Health Gleneagle H Co. Kerry. 26 th & 27 th May Quality Pathways to Excellence Workshop, Carrickdale Hotel, Co. Louth. 28 th March 2006 Seminar for Councillors Housing Services & Local Government Shannon Key West H Edge, Rooskey, Co. Leitrim. 28 th 29 th April Enhancing an Enterprise Culture The Role of Local Authorities, Glór Irish Music Cen Clare. 25 th 26 th May Rethinking Energy Use, Cultivate Centre for Sustainable Living and Learning, Temple Bar April th Annual Kerry Environmental Conference, Golf Hotel, Ballybunion, Co. Kerry. 26 th 29 Second Annual Westport Conference, The Future of Local Authorities Service Providers Knockranny House Hotel, Westport, Co. Mayo. 18 th 19 th May Southern & Eastern Regional Assembly 7 th Annual Conference, Killashee House Hotel, Na 26 th May

14 It was AGREED that the County Council be represented at Conferences (a) to (s) above. C/209/06 Approval of Nominations The following report of the Manager, copy of which had been circulated to the Members, was ADOPTED and APPROVED: Approval of the Council is now sought in respect of the attendance of the delegates listed hereunder at the following approved conferences: 7 th National Environment Conference, RDS, Ballsbridge, Dublin 4. 8 th 9 th March 2006 Cllr. Niamh Bhreathnach Cllr. Ciarán Fallon Cllr. Tom Kivlehan Cllr. Ciarán Fallon Nuclear Energy Yesterday s Mistake or Tomorrow s Solution?, Davenport Hotel, Merrion Square, Dublin 2. 9th March 2006 Association of County & City Councils, Annual Conference 2006, Fairways Hotel, Dundalk, Co. Louth. 9 th 11 th March 2006 Cllr. Aidan Culhane Cllr. Larry Butler Cllr. Tony Fox Cllr. Gerry Horkan Cllr. Denis O Callaghan Irish Renewable Energy Summit 2006, Facing the Challenges, Developing the Potential, Royal Hospital, Kilmainham, Dublin. 13 th March 2006 Cllr. Niamh Bhreathnach Safe Driving Conference, Death on our Roads What Can We Do?, Old Ground Hotel, Ennis, Co. Clare. 22 nd 24 th March 2006 Cllr. Louise Cosgrave Cllr. Gearóid O Keeffe 4 th National Tourism Conference The Future of Our Past The Role of Heritage & Culture in Tourism Development Dolmen Hotel, Kilkenny Road, Carlow. 23 rd & 24 th March 2006 Cllr. Tom Kivlehan C/210/06 Monthly Financial Report 14

15 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and NOTED: DUN LAOGHAIRERATHDOWN COUNTY COUNCIL REVENUE ACCOUNT FINANCIAL REPORT PERIOD: 01/01/0628/02/06 2 month = 16.67% EXPENDITURE PROGRAMME GROUP: 1 Housing & Building 2 Road Transportation & Safety 3 Water Supply & Sewerage 4 Dev. Incentives & Controls 5 Environmental Protection 6 Recreation & Amenity 7 Agriculture, Education, Health & Welfare 8 Miscellaneous Services 9 Support Services PAYMENTS UNPAID BILLS TOTAL EXPENDITURE BUDGET EXP. as % of EST. % 2,208, ,818 2,948,537 26,423, ,892,981 1,203,772 4,096,752 26,756, ,378,978 1,858,947 3,237,925 25,504, ,153 59, ,182 8,085, ,535,611 2,791,348 6,326,959 58,629, ,704, ,290 3,104,476 20,804, ,218,597 22,270 1,240,867 6,175, , ,906 1,356,671 9,925, ,784, ,268 2,232,059 14,141, TOTAL 17,468,779 8,009,648 25,478, ,445, RECEIPTS 1 Housing & Building 2 Road Transportation & Safety 3 Water Supply & Sewerage 4 Dev. Incentives & TOTAL RECEIPTS BUDGET REC. as % of EST % 2,248,342 19,092, ,391 7,898, ,847 6,354, ,015 2,115,

16 Controls 5 Environmental Protection 2,039,490 35,423, Recreation & 700,421 3,452, Amenity 7 Agriculture, Education Health & 438,242 5,746, Welfare 8 Miscellaneous 271,643 1,789, Services SUB TOTAL 7,234,392 81,873, Commercial 3,222,959 77,739, Rates Local Government Fund 9,208,159 36,832, TOTAL INCOME 19,665, ,445, SURPLUS/(DEFICIT) 28/02/06 at (5,812,917) Note 1: Unpaid bills includes goods/services ordered but not yet paid for and also commitments for major payments which are paid periodically. Date: Signed: M.Hogan Head of Finance C/211/06 Proposed Disposal of Properties Proposed discharging of deed of covenant between the former Dublin County Council and (details withheld). The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHUN LAOGHAIRERATH AN DUIN (Dun LaoghaireRathdown County Council). TO EACH MEMBER OF THE DUN LAOGHAIRERATHDOWN COUNTY COUNCIL. LD 1170 Proposed Discharging of Deed of Covenant between the former County Council and (details withheld). 16

17 (details withheld) were granted planning permission under planning reference XA2272 of the Local Government (Planning and Development) Act for the building of houses on their land at (details withheld). As a condition of the grant of planning permission, (details withheld) were required to undertake that the lands in their ownership, as shown delineated and highlighted on Drawing No. B.S. 3004/12, would not be further developed by building thereon. To implement this condition, a Deed of Covenant was executed on the 2 nd July 1983 between the former County Council and (details withheld) and entered as a burden on Part 3, Item 7 of Land Registry Folio No Co. Dublin. In accordance with the County Development Plan , lands at (details withheld), were zoned as Objective A To protect and/or improve residential amenity. Ownership of (details withheld) interest in the subject lands was transferred to (details withheld) in 2000 who subsequently transferred his interest in the subject lands to (details withheld) in It has been requested that the Council execute the appropriate Deed of Discharge of the burden on the title to the property. In the High Court Judicial Review between Langrath Properties Limited and Bray Town Council, the Justice ruled, inter alia, that when the proper planning of the area no longer requires that the restriction be retained the land must be freed of all impediment to development. The Council s Law Agent has advised that the Council has no option but to formally discharge this Covenant. All costs and expenses of the Council are payable by the applicant. Accordingly, it is proposed to discharge this Covenant on lands at (details withheld), as shown delineated on Drawing No. B.S. 3004/12 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, Owen Keegan, County Manager. Dated day of 2006 HISTORY, (details withheld). SUPPLEMENTARY INFORMATION RE ITEM NO. 6(A) The land at (details withheld) was the subject of a condition under planning register references XA 2272 and ZA 958 dated 24/09/1984, the effect of which was to sterilize the land with regard to future development. The grant of planning permission allowed for the refurbishment of existing coachyard 17

18 mews and the demolition of outbuildings and erection of 2 mews dwellings, subject to the sterilization of the land within the grounds of Hollywood House. The lands were zoned F ie to preserve and provide for open space and recreational amenities in successive Dublin County Council Development Plans 1983, 1993 and the Dun Laoghaire Rathdown County Development Plan 1998 but in the Dun Laoghaire Rathdown County Development Plan 2004 to 2010 the zoning changed to A ie to protect and/or improve residential amenity. There is therefore no planning or legal reason why this sterilisation should be continued. It is now necessary on the basis of Langrath Properties v Bray District Council as quoted in the Disposal Notice to comply with a request from the owners of the property to release this covenant subject to the payment of the Council s expenses and costs. The Law Agent has advised that, having regard to the fact that the land has been rezoned by the current statutory Development Plan and having regard to the decision of the High Court, the Council should now resolve to release the landowner from the terms of the Deed Of Covenant. It was proposed by Councillor L. Cosgrave, seconded by Councillor L. Butler and RESOLVED: That the proposed discharging of deed of covenant as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report. C/212/06 Proposed Disposal of Properties Disposal of Fee Simple Interest to Lessees who purchased under Tenant Purchase Scheme. The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRLE CHONTAE DHÚN LAOGHAIRERÁTH AN DHÚN (Dun LaoghaireRathdown County Council) TO EACH MEMBER OF DUN LAOGHAIRERATHDOWN 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 SCHEME It is proposed to dispose of the fee simple interest to the lessees of the dwellings set out hereunder. 18

19 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 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 (details withheld) (details withheld) (details withheld) (details withheld) (details withheld) (details withheld) DATE: SIGNED: KATHLEEN HOLOHAN DIRECTOR OF HOUSING It was proposed by Councillor J. O Leary, seconded by Councillor A. Culhane and RESOLVED: That the 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/213/06 Proposed Disposal of Properties Proposed disposal of affordable housing units acquired under Part V of the Planning & Development Act 2000 Cruagh Wood, Stepaside. The following notice, copy of which had been circulated to the Members, was CONSIDERED: COMHAIRE CHONTAE DHUN LAOGHAIRERATH AN DUIN (Dun LaoghaireRathdown Council) TO EACH MEMBER OF THE DUN LAOGHAIRERATHDOWN COUNCIL Proposed disposal of affordable housing units at Cruagh Wood, Stepaside, Co Dublin, acquired under Part V of the Planning & Development Act 2000 (as amended). 19

20 15 two bedroom affordable housing units were acquired at Cruagh Wood, Stepaside, Co Dublin under Part V of the Planning & Development Act 2000 (as amended) from Glenford Construction Ltd. A lottery was held on the 8 th April 2004 to determine the order in which eligible applicants would be afforded the opportunity to acquire these units. Five of these affordable units have been disposed of under the Shared Ownership Scheme. The Council has previously approved the disposal of seven units to applicants obtaining mortgage finance from either Bank of Ireland or EBS. It is now proposed to dispose of a further two units to eligible applicants who have qualified for mortgage finance from the EBS and are now in a position to purchase an affordable unit. The remaining unit will be disposed of to an applicant who was successful in the Lottery and meets the affordability criteria of either bank/building society or the Shared Ownership Scheme. In order to comply with the requirements of Section 183 of the Local Government Act 2001, it is now proposed to dispose of two affordable units to eligible applicants (schedule available at the meeting) in order of priority drawn in the Lottery and having regard to the terms of the Affordable Housing Scheme adopted by the Council. 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. March Signed: Kathleen Holohan, Director, Housing. It was proposed by Councillor L. McCarthy, seconded by Councillor M. Bailey 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/214/06 Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 The following report of the Manager, copies of which had been circulated to the Members, was CONSIDERED: Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001 The demolition of maisonettes 3540, 4149, 5055, 5670, 7185, 8694, , at Fitzgerald Park and 7184 Mounttown and construction of new three storey community facility building including crèche and administration facilities and associated site development works at Meadowlands/Fitzgerald Park, Mounttown, Dun Laoghaire. PC/01/06 20

21 This report is submitted in accordance with Section 179 of the Planning & Development Act 2000 and Section 138 of the Local Government Act, In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 the Council gave notice of the proposed development in the Irish Times on Tuesday 17 th January, Plans and particulars of the proposed development were available for inspection at the Council s Offices in Dun Laoghaire and the Dundrum Office Park from Tuesday 17 th January, 2006 up to and including Tuesday 14 th February, Submissions and Observations with regard to the proposed development could be made up to and including Tuesday 28 th February, Nature and Extent of the Proposed Development and principal features there of: The proposed scheme consists of the demolition of maisonettes 3540, 4149, 5055, 5670, 7185, 8694, 95106, at Fitzgerald Park and 7184 Mounttown and construction of new three storey facility building including crèche and administration facilities and associated site development works at Meadowlands/Fitzgerald Park, Mounttown, Dun Laoghaire. The Meadowlands/Fitzgerald Park Building Project is to comprise facilities for the community, a crèche facility and administration facilities to meet the needs of the Meadowlands/Fitzgerald Park Community. Implications of the Proposed Development for the Proper Planning and Sustainable Development of the area. The site is zoned A in the Dun Laoghaire Rathdown County Development Plan 2004, this zoning objective for this area states; To protect and or improve residential amenity Community facilities are open for consideration within this zone. There is a specific local objective on this site, objective 12 on Map 3 of the County Development Plan. This objective states; To provide a resource centre at Fitzgerald Park. The proposed development accords with the zoning objective for the area and the specific local objective. The location, height and scale of the proposed structure is in keeping with the adjoining permitted development and enhances the amenity of the area. The Transport Department and the Environment Department has raised no objections to the proposed development. The proposed development accords with the proper planning and sustainable development of the area. List of persons / bodies who made submissions and summary of these issues raised: No submissions were received in respect to this scheme. Recommendation 21

22 The proposed scheme is considered to be in accordance with the County Development Plan and it is therefore recommended that the necessary motion be passed. It was proposed by Councillor E. Regan, seconded by Councillor K. Ireland and RESOLVED: That the report of the Manager be ADOPTED C/215/06 Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 Construction of a two team football changing facility at Soldiers and Sailors, Dunedin, Monkstown, Co. Dublin PC/2/06 This report is submitted in accordance with Section 179 of the Planning & Development Act 2000 and Section 138 of the Local Government Act, In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 the Council gave notice of the proposed development in the Irish Times on Thursday 19 th January, Plans and particulars of the proposed development were available for inspection at the Council s Offices in Dun Laoghaire and the Dundrum Office Business Park from Thursday 19 th January, 2006 up to and including Thursday 16 th February, Submissions and Observations with regard to the proposed development could be made up to and including Friday, 3rd March, Nature and Extent of the Proposed Development and Principal Features there of: The proposed development consists of the construction of a two team football changing facility at Soldiers and Sailors, Dunedin, Monkstown, Co. Dublin Implications of the Proposed Development for the Proper Planning and Sustainable Development of the area: The site is zoned F in the 2004 Dun Laoghaire Rathdown County Development Plan 2004, this zoning objective states: To preserve and provide for open space and recreational amenities Recreational facilities are permitted in principle within this zone. The location, scale and design of the proposed structure does not detract from the residential amenity of adjoining property. The proposed structure will replace a container that is currently used as a changing area by those that use the pitch. The facilities provided in this structure will enhance the amenity of this open space area. 22

23 The Transport Dept. and the Environment Dept. have no objection to the proposed development. The proposed development therefore accords with the proper planning and sustainable development of the area. List persons and bodies who made submissions One submission was received in respect to this proposal this was received from: Monkstown Square Management Company Ltd., 2 Monkstown Square, Monkstown, Co. Dublin Summary of issues raised and manager s response Four issues were raised in this submission received: Transport / Parking congestion Insufficient parking spaces being provided. There is a current parking problem created by parking generated by the pitch. Litter Football field is a current blackspot in terms of litter. Loitering Suggests resituating the building and redesigning it so as to discourage loiterers. Location Suggests a relocation of the building possibly to the side off the field. The suggestion is made that a larger community facility may be more appropriate and that this could be located in the disused halting site. Response to issues raised: 1. In relation to parking and traffic, there already exists one playing pitch and a steel container changing room. What is proposed is to replace the container with a purpose built building, Architect designed which will provide basic facilities such as toilets, showers etc. There is no increased usage and the requirements for car parking will not change. In a report received from the Transport Dept. dated the it is stated; The department have no objection to the development from a roads perspective as it is considered it will not effect traffic in the vicinity one way or the other. It has no history of traffic problems that such a development may exacerbate In respect to litter the Parks Section will continue to maintain the grounds on a regular basis. In relation to loitering, the building is specifically designed to deter antisocial gathering (it has no back). The location of the structure facilitates a level of supervision by those using the public road and it is also easily accessible to the Gardaí and therefore less attractive to antisocial gatherings. 3. Location The location of the structure was chosen for the reasons outlined above and to ensure that there was no impact on the amenity of adjoining residential property. Recommendation: 23

24 The proposed scheme is considered to be in accordance with the County Development Plan and it is therefore recommended that the necessary motion be passed. It was proposed by Councillor E. Regan, seconded by Councillor J. Dillon Byrne and RESOLVED: That the report of the Manager be ADOPTED C/216/06 Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 Provision of Canteen Facilities for staff at Cabinteely Park Depot Cabinteely PC/3/06 This report is submitted in accordance with Section 179 of the Planning & Development Act 2000 and Section 138 of the Local Government Act, In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 the Council gave notice of the proposed development in the Irish Times on Thursday 19 th January, Plans and particulars of the proposed development were available for inspection at the Council s Offices in Dun Laoghaire and the Dundrum Office Business Park from Thursday 19 th January, 2006 up to and including Thursday 16 th February, Submissions and Observations with regard to the proposed development could be made up to and including Friday, 3rd March, Nature and Extent of the Proposed Development and principal features there of: The proposed development consists of the provision of canteen facilities for staff at Cabinteely Park. The proposal consists of the change of use of an existing structure from a store to changing facilities for staff, a canteen and two ancillary offices with minor alterations proposed to the external appearance of the building. Implications of the Proposed Development for the Proper Planning and Sustainable Development of the area The site is zoned F in the Dun Laoghaire Rathdown County Development Plan 2004, this zoning objective for this area states: To preserve and provide for open space and recreational amenities. 24

25 The proposed use of this structure is directly related to the maintenance and management of Cabinteely Park. The proposed use is therefore in accordance with the County Development Plan. The existing structure is an outbuilding adjacent to Cabinteely House, a protected structure in the 2004 County Development Plan. The proposed works do not impact on the protected structure. The conservation officer has raised no objections in respect to the proposed works. The conservation officer has made observations in respect to the detail of finishes in particular with respect to: the use of matching slate, repair of mortar, the use of a conservation roof light and the retention of any original floor coverings. The Transport Dept. and the Environment Dept. have raised no objection to the proposed development. The proposed development therefore accords with the proper planning and sustainable development of the area. List of persons / bodies who made submissions and summary of the issues raised: No submissions were received in respect to this proposal. Recommendation The proposal scheme is considered to be in accordance with the County Development Plan and it is therefore recommended that the necessary motion be passed. It was proposed by Councillor M. Bailey, seconded by Councillor M. Baker and RESOLVED: That the report of the Manager be ADOPTED C/217/06 Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, 2001 The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED: Report submitted in accordance with Part 8, Article 81 of Planning and Development Regulations, Planning and Development Acts 2000 as amended Proposed Housing Development of 39 dwellings at a site off Kingston Drive, Kingston Estate, Ballinteer, Co. Dublin The attached report is submitted in accordance with the provisions of Part 8, Article 81 of the Planning and Development Regulations in respect of the development of 39 social housing units on a site, which the Council owns off Kingston Drive, Ballinteer, Co. Dublin. 25

26 The scheme involves the construction of a high quality housing development, which has been designed by the Council s Architects Department in accordance with the objectives of the County Development Plan , and the Department of the Environment, Heritage and Local Government Social Housing Design Guidelines. A total of 39 new dwellings will be provided in a curved Lshape that follows the site boundary to the North and South / South East. The site slopes from its southwesterly boundary steadily down to the North Eastern corner. The proposed development utilises this slope to step from a two storey unit where the land is at its highest up to a three storey with a penthouse level, following the slope as it falls away and thereby minimising the impact of the development on the neighbouring properties in the Kingston Estate while at the same time providing a strong edge to the Brehon Field Road and the M50 slip way. The scheme provides a hard edge to the adjacent roadways, thus protecting the open space created, to give a sense of place, enclosure and ownership to the occupants, and to provide a pleasant place to live within a small community. The composition of the development allows for a mix of dwelling types and sizes, including two storey units, duplex dwellings and apartments as follows: 8 No. 2bed Lifetime Apartments, 1storey Units (Ground Floor) 10 No. 2bed Duplex Units 18 No. 3bed Duplex Units 1 no. 2 bed House 1 No. 2bed Apartment (First Floor) 1 No. 3 bed wheelchair Apartment All dwellings have access either to private garden areas, terraces or a combination of these. There are a total of 51 car spaces providing a ratio of 1.3 spaces per dwelling The proposed development will be finished with good quality materials. The walls will be finished with a mixture of smooth selfcoloured render, and accent panels. Windows will be timber and / or aluminium with a metal standing seam roof. The courtyard and parking areas will be finished with a combination of hardlandscaping and extensive isolated planting. The small private area to the front of the dwellings will be paved and planted, and the private rear gardens will be grassed and landscaped where appropriate. The public open space to the development consists of a courtyard together with the extended green space between the proposed development and the neighbouring properties of Kingston Drive. All dwellings have access to private gardens or terraces. The following sustainable measures have been included in the scheme: Super Insulated Cavity Wall Construction U Value of 0.18W/M 2 K Floor Insulation 100mm U Value of 0.20W/M 2 K Roof Insulation 180mm 0.12W/M 2 K Windows Argonfilled, double glazed with a low e coating. Site Orientation & Design Sustainable Drainage Systems 26