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Minutes of the Special Meeting of Kildare County Council held on Monday 17th December 2007 at 10am in the Council Chamber,
Áras Chill Dara, Naas.


Present were: Councillor M. Glennon Mayor,  Councillors S. Griffin,  B. Hillis,  B. Weld, K. Byrne, F. Browne, P. McNamara,  JJ Power, G. Conway, P. Kelly, P. Black,  M. Dalton, M. Miley, L. Doyle, F. O’Loughlin, J. McGinley, K. Ridge, D. Fitzpatrick, M. Nolan, F. Dukes, S. Doyle & W. Callaghan

Apologies: Councillors R. Hendy, G. McDonagh & T. McEvoy

In attendance: M. Malone County Manager, J. Lahart Director of Services, C. Shinners A/Senior Executive Planner,  M. Foley, Meetings Secretary and other officials.  Also in attendance was Helen O’Keeffe CAAS Environmental Consultants


1/1207
To consider Manager’s Report of 14th November 2007 on Submissions received to Draft Allenwood Local Area Plan

John Lahart introduced Helen O’Keeffe from CAAS Environmental Consultants who had been involved in the preparation of the Draft Local Area Plan for Allenwood.  Ms. O’Keeffe referred to the Manager’s Report which had been circulated on 13th November and which contained the Manager’s responses to the eight submissions received.  She proceeded to deal with each submission and response as follows:

1 Patrick Dunne – 6.34 acres in Mr. Dunne’s ownership, of which 70% are zoned for open space purposes.  He has proposed that 15% be zoned for open space with remaining zoned residential.
Recommendation: For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

It was proposed by Cllr. Fitzpatrick, seconded by Cllr. Weld, that  modifications be made to the definition of the B(1) and F site to the south-east of the village centre making the Open Space and Amenity (F) buffer similar to that to the west of the site and extending the B(1) zoning to cover some 4.05 Ha rather that 4.86 Ha as previously indicated.
The proposal was adopted by 11 votes to 2.

2 K. H. Engineering Ltd. – 15.75 acres in direct proximity of lands zoned “Industry & Employment” be included under this zoning.  Relates to existing business to enable future expansion onto a portion of land in their ownership.
Recommendation: For the reasons stated in the manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

It was proposed by Cllr. Weld, seconded by Cllr. Fitzpatrick, that an additional 2 acres (0.8 Ha) of land within the holding of KH Engineering be zoned Industry and Warehousing (H) rather than White Lands as previously indicated.


The proposal was adopted by 11 votes to 2.

3 May Dunne – that existing Builder’s Providers be zoned appropriately.  That 2.6 hectares, within 500m of village centre, be zoned residential.  Lands proposed to be made available for essential road widening as community gain with regards residential zoning noted above.
Recommendation: : For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

It was proposed by Cllr. Fitzpatrick, seconded by Cllr. Weld, that the larger of the two sites (2.7 Ha) noted in the submission be zoned New Residential (C) rather than White Lands as previously indicated.

The proposal was adopted by 11 votes to 2.

4 Allenwood Community Group – population growth is excessive; deficiencies in social & physical infrastructure; educationally zoned lands should be located close to schools; provision of community infrastructure & facilities needed.
Recommendation: It is recommended that the following changes are made to the draft plan arising from this submission and the feedback from the Sanitary Services section, as follows:

Map 1:  Insert objective to read:
 “It is noted that the zoning of all ‘New Residential’ (C) sites is subject to the delivery of appropriate services – particularly with respect to water treatment and roads improvements.  Applicants are advised to have regard to Section 3 of the Plan and have regard to the strict phasing criteria outlined therein.”

Section 3.2  Insert new paragraph 2 to read:
 ‘Planning applications for developments on all ‘New Residential’ sites may only be considered following the completion of a further upgrade to the existing waste water treatment plant. Any applications in advance of same shall be considered premature’.

Table 3.3 Modify text as follows:
 C(1) Insert new second paragraph to read:
 “The zoning of this site is dependent on the delivery of adequate services – most notably foul water treatment capacity and road improvements.  While the development of this site is favoured in an initial phase of plan implementation – due to its location close to the Canal and the village centre, the difficulty in site servicing must be addressed in-line with prevailing engineering standards and in the interests of sustainable development.  It is a policy of the Council to consider development on these lands premature pending the delivery of these improved services”.

C(2) Insert new second paragraph to read:
 “The zoning of this site is dependent on the delivery of adequate services – most notably foul water treatment capacity and road improvements.  It is a policy of the Council to consider development on these lands premature pending the delivery of those improved services.”

C(3) Insert new second paragraph to read:
 “The zoning of this site is dependent on the delivery of adequate services – most notably foul water treatment capacity and road improvements.  It is a policy of the Council to consider development on these lands premature pending the delivery of those improved services.”

C(4) Insert new second paragraph to read:
 “The zoning of this site is dependent on the delivery of adequate services – most notably foul water treatment capacity and road improvements.  It is a policy of the Council to consider development on these lands premature pending the delivery of those improved services.”
Para. 3.3.2 Infrastructure – Wastewater Treatment, Water Supply and Surface Water Management first two paragraphs revised to read:

“Planning for the future water supply and wastewater treatment facilities in the County Kildare area has been approached on a regional basis. Considerable expansion of capacity has taken place over the past number of years in relation to water supply, foul and surface water infrastructure and wastewater treatment capacity.

In the context of this LAP, a new sewer network and wastewater treatment system will be provided to replace many of the existing private, individual, septic tank wastewater systems. Funding and implementation of a second phase of that system is a long-term objective of the Council.”

Policy Statements – modify W1 to read:
“ To ensure that development in the village occurs in-line with the upgrading of sanitary services, the availability of water treatment and capacity of receiving waters in the area.”


The Manager’s recommendations were unanimously adopted.

5 Joe Bergin – that the yard associated with the Auto Services business be zoned appropriately.
Recommendation: For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

Agreed.

6 Martin Larkin – that yard associated with motor car and light commercial vehicle sales be zoned appropriately
Recommendation: For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

Agreed.

7 John Mulhall – for a complex of uses on 200 acres of farmland located within 300m of village centre to include Nursing Home &  Medical Centre, Retirement Home, clusters of 10/12 houses to buy or lease, community centre
Recommendation: For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

Cllr. Weld proposed that an objective be included in the plan to provide for a Nursing Home in this area.  The proposal was seconded by Cllr. Fitzpatrick.  It was pointed out that the County Development Plan provided for such a development and it would be wrong to include such an objective on this site as it had serious restrictions from a roads and services point of view.  Cllr. Weld withdrew his proposal.

The Manager’s recommendation was adopted.

8 Michael Musgrave & Brendan Carroll – extend town boundary and zone for mixed use
Recommendation: For the reasons stated in the Manager’s Report it is recommended that no changes are made to the current Draft LAP as a result of this submission.

It was proposed by Cllr. Fitzpatrick and seconded by Cllr. Weld that the 1.5 Ha Site to the east of the village centre be zoned Existing Residential / Infill (B) rather than White Lands as previously indicated.
The proposal was adopted by 11 votes to 2.

Resolved on the proposal of Councillor Weld, seconded by Councillor Fitzpatrick, with 18 members voting in favour and 3 members voting against, that the Draft Allenwood Local Area Plan 2007 is hereby amended, pursuant to Section 20 of the Planning and Development Act 2000 (as amended), in accordance with the Manager’s Report as amended by the members of Kildare County Council at their meeting of 17 December 2007.  The proposed amendments shall be placed on public display for a period of not less than four weeks and submissions on these amendments shall be invited during this time.


2/1207
To consider Manager’s Report on Proposed Variations to Draft Athgarvan Local Area Plan

The Manager’s Report on the proposed variations to the Draft Athgarvan Local Area Plan had been circulated.

John Lahart referred to each of the submissions and the Manager’s recommendations on each one.

The Mayor agreed to an adjournment for 15 minutes for clarification of certain matters.

On resumption of the meeting Charlie Talbot formally put the Manager’s recommendations to the members.


Submission Number No. 1(Received 02.10.07) Maguire & Associates 6 Railway Terrace, Dublin Road, Naas, Co. Kildare on behalf of OJE Limited
Summary of Issues Raised
Re: Amendment M6 (Map Amendments)
Support for change of zoning from Open Space/Amenity (F) to existing Residential/Infill (B)

Manager’s Recommendation:
No change to proposed amendment

Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. S. Doyle.

Submission Number No. 2(Received 10.09.07) Melville Dunbar Associates on behalf of Coonan Family and Booth Partnership
Summary of Issues Raised
To provide road access suitable for serving a new school site, approximately 7 acres of land for new residential development and an associated area for public open space and amenity (indicated on an accompanying map).

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. Dukes.

Submission Number No. 3(Received 12.10.07) Board of Management Scoil Bhríde Athgarvan, The Curragh, Co. Kildare.
Summary of Issues Raised
Re: Proposed re-zoning to provide additional residential units.
The Board of Management would like to point out that should the proposed rezoning of additional residential units be passed, Scoil Bhride will be unable to accommodate children from these new units as there is no more land available for further expansion of the school and the permission which has been granted will replace temporary accommodation with permanent accommodation. 

Manager’s Recommendation:
No change

Cllr. Dukes asked that this issue of school accommodation in Athgarvan be addressed at one of the regular meetings held with the Dept. of Education & Science and John Lahart agreed to this.

Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. Dukes.

Submission Number No. 4(Received 16.10.07) Ciara Brazil ‘The Forge’ Athgarvan, Newbridge, Co. Kildare.
Summary of Issues Raised
Re: Roads Objective
Objection to proposal to extend the roads objective to connect with R416. (New road from Old Mill Race linking round to R416) so as to maintain agricultural zones to the fullest extent without dissecting such lands.

Manager’s Recommendation:
It is proposed to delete the proposed amended change to the Draft Local Area Plan and revert back to the proposal of the original Draft Local Area Plan (i.e. to extend the proposed road from a point to the south west of C2 on the opposite side of the road in a south easterly direction through lands C6 and lands zoned ‘F’ to the edge of the ‘F’ zoning. It shall not be the intention to impinge on the agricultural lands further south).

Agreed on the proposal of Cllr. McGinley, seconded by Cllr. McNamara.

Submission Number No. 5(Received 17.10.07) Eddie Malone Connolly Villas, Athgarvan, Newbridge, Co. Kildare.

Summary of Issues Raised
It is proposed that changes 12-15 (inclusive) should not be allowed as they are contrary to Chapter 2.6 of the proposed Draft Plan which states that the council considers that increased growth on the Northern Boundary towards Newbridge will have significant impact on the integrity of Athgarvan and, having regard to the principles of proper planning and sustainable development, it is in the interest of the village to direct future development to the South.

Cllr. O’Loughlin proposed that submissions numbered 6, 8 and 9 be taken at this time also and this was agreed.

Submission Number No. 6(Received 17.10.07) C/o Declan Fassbender Club Development Manager Leinster Rugby
Summary of issues raised
Re: Proposed re-location and re-development of Newbridge RFC.
Support of the above mentioned proposal by Leinster Rugby.


Submission Number No. 8(Received 17.10.07) C/o Niall Browne Chairman, Newbridge Rugby Football Club.
Summary of Issues raised
Re: Amendment Map Reference M1 & M3
Support for proposal to zone 12 acres for low density residential development for John Dardis (Map Ref M1).  Mr. Dardis has committed to transferring in excess of 27 acres to Newbridge Rugby Football Club for the development of a community sports and recreation facility (Map Ref M3)
Support for the above amendments from the following clubs:
- Athgarvan Gaelic Football Club,
- Athgarvan Villa Soccer Club
- Newbridge Kayak Club
- Athgarvan Development Group

Submission No. 9(Received 17.10.07) Athgarvan Development Group
Change no. 15:
Summary of Issues Raised
Given that no land has been secured as opposed to zoned for community/ amenity purposes, support is expressed to the amendment to the plan provided that: the remaining un-zoned land between the Motorway and the proposed residential zoning (M5) becomes part of the strategic green belt separating Athgarvan and Newbridge.

A statement is included that no further residential development will be considered on the site between the Motorway and the proposed residential development (M5).

Support expressed in relation to Transfer of Lands to the Rugby Club whereby Kildare County Council takes free hold/999 year leasehold interest on land sufficient to develop the required community centre and associated car parking.

Manager’s Response
Planning Policy Context:

Having regard to the hierarchy of planning documents it is not appropriate to consider the development of further lands to the north of the Athgarvan for the following reasons.

The National Spatial Strategy sets out policies for settlements like Athgarvan in the context of the Dublin and Mid-East Region. The strategy for this region is to consolidate the metropolitan area of Dublin and concentrate development into major centres or ‘development centres’ in the hinterland. These centres will be separated from each other. The strategy stipulates that, within such areas, new development in a village must take account of and respect the established character of the village. This policy would be at variance with additional residential zoning to the north of the existing settlement.

The Regional Planning Guidelines provide a strategic planning framework for the development of the Greater Dublin Area. Athgarvan is located in this region and therefore, regard must be had to the RPG’s for this area in preparing a Local Area Plan for the settlement. Under the RPG’s, Athgarvan has been designated as a Village. A Key Village (the fifth tier of the urban hierarchy) should be considered as a ‘rural service centre’ whose economic function is to attract small rural based enterprises. The Guidelines envisage that the future strategy for such villages should be to ‘concentrate population, services and jobs in strategic village locations which have relatively good access from nearby towns. Key Villages would be the centre of a cluster of other villages and provide services and jobs relatively close by. The concentration of population will strengthen the viability of services, such as public transport and primary school, retail and facilitate the creation of small rural enterprise’.
The Local Authority must, have regard to the provisions of the Regional Planning Guidelines (RPG’s) in the preparation of Local Area Plans. Having regard to the above, the development of lands to the north of Athgarvan in the direction of Newbridge would not be consistent with the RPG’s.

The Kildare County Development Plan (CDP) sets the broad development framework for the County. The strategic objectives of the Kildare County Development Plan 2005-2011 are outlined as follows:
‘To provide for balanced and sustainable distribution of economic and social growth across the county.
To provide infrastructure and transportation in accordance with the principles of sustainable development.
To ensure the highest quality living environments, urban centres and civic spaces as well as open space and recreational facilities accessible to all citizens of Kildare.
To protect, conserve and enhance the built and natural heritage of the Kildare area for future generations’
In addition, Section 1.6 of the CDP states the following:
‘Given the level of land currently zoned for housing (1093ha/2700acres), it is not anticipated that any further housing / residential zoning will be necessary during the period of this plan. This however does not preclude additional such zoning in specific locations where the council is satisfied that a clearly established need for such zoning is evident’. Having regard to same it is neither considered appropriate to propose additional development especially to the north of the already established settlement of Athgarvan.

Development Vision
Furthermore Section 2.6 of the Draft Athgarvan Local Area Plan (LAP) states that it shall be an objective of the Plan:
· ‘To rationalise the pattern of development in the village and to promote the development of a more coherent village core…
· To provide an orderly and definite edge between the village and its rural surroundings….
· To maintain a strong visual and physical separation between Athgarvan and its neighbouring towns of Newbridge and Kilcullen’.

Development to the north of Athgarvan would result in the over provision of lands for residential development in this area which would be inconsistent with Section 1.6 of the County Development Plan (above) and also to the ‘Development Vision’ in Section 2.6 of the Draft LAP, in particular:

(i) The impact of development to the north of Athgarvan would be visually obtrusive when viewed from the motorway
(ii) The cost of providing services to an area removed from the core of the village would be prohibitive
(iii) Development to the north of Athgarvan may compromise the objectives of the Liffey Valley Strategy.
(iv) The location of the proposed amenity lands is not ideally located as it is in close proximity to the motorway and is away from the main core of Athgarvan.
(v) Development of the lands north of Athgarvan would only serve to elongate rather than consolidate the village which would be contrary to the proper planning of the area where services can be more easily provided in more central locations. In terms of urban form, future development should progress in a southern direction towards Kilcullen.
(vi) The resulting knock on pressure to zone further lands along the line of the proposed new roadway (Amendment M2) in subsequent Local Area Plans should be resisted and is not in accordance with the recommendations of the National Spatial Strategy, the Regional Planning Guidelines, the Kildare County Development Plan or the IFPLUT study nor is it in the interests of proper planning.
(vii) The proximity of new development lands to the flood plain. In this regard Section 3.2.4.3 of the Kildare County Development Plan 2005-2011 refers to flood alleviation. Of note are the following:

‘ It is the policy of the Council to ensure that all new development shall have regard to towns and areas that may be at risk of flooding.

It is the policy of the Council to ensure that development that is sensitive to the effects of flooding will generally not be permitted in flood prone or marginal areas’.

Manager’s Recommendation:
1. To omit proposed change M1
2. To omit proposed change M2
3. To omit proposed change M3

Cllr. O’Loughlin proposed that changes M1 – zone 4.8Ha/12 acres of lands for low density C: New Residential, M2 – zone roads objective through proposed C1 to access proposed amenity lands and zone lands for I: Agricultural to facilitate the roads objective and M3 – zone 3.5ha/8.6 acres of lands for Open Space/Recreation/Amenity and zone the remaining lands within the 80m buffer zone, as shown on Map Ref 1 for M:Liffey Parkland be adopted in the interest of proper planning and sustainable development.  She referred to the offer from the landowner for approximately 27 acres of land as identified M3 on the LAP to be transferred to KCC for use for the purposes of pitches and associated facilities for sport recreation use of Newbridge RFC, Athgarvan GAA, Athgarvan Villa, Athgarvan Development Group and Newbridge Kayak Club in return for 12 acres of his land marked C1(m1) to be zoned for residential development and that the land required for the access road to the amenity lands would be made available by the landowner at no cost to KCC.

She said the proposed residential zoning was a considerable distance from the motorway and further from other recent developments there such as Milford.  The land was fully serviced and development levies would pay the cost of connecting the services to the newly zoned land.  She refuted that the new zonings would compromise the Liffey Valley Strategy as 18ha of amenity land with an 80m setback from the river was being provided with access for the public.  She said that the proposed recreational facilities would be nearer to the village of Athgarvan than the existing ones.  Regarding knock-on pressure she said that that was always a danger with any zoning but the members were considering what was appropriate at this point in time.  In relation to the threat of flooding, Cllr. O’Loughlin referred to the high bank along the river which mitigated against same.

Councilllor Dukes stated that the members had been told on several occasions by the officials that planning is not an exact science, but about people, and on that basis Councillor. Dukes seconded the proposal and referred to the  strategy in the County Development Plan in support of the proposed zonings and in particular policy statements CF4 and CF5.  She also referred to Chapter 3 in the Athgarvan LAP and particularly objectives OC1, OC3 and OAR 4 which she said made the case for the proposed re-zonings in the interests of proper planning and sustainable development.

Councillors Black and S. Doyle also supported the proposal.

The County Manager noted the members’ comments.  The Manager referred to the map which was submitted by the landowner and said that in his opinion the proposed pitches would not fit on the site in question, they were too close to the river Liffey, they were aligned too close to each other, there was no room for a viewing stand, walkers would be hindered by the pitches and access to them would constitute a health and safety risk.  He said that when the 80m set back from the river was taken into account the net gain to the community was only 7 acres and the remaining 20 was already earmarked for recreational purposes.

In reply to a question from Cllr. Dukes, John Lahart confirmed that to facilitate proposed sports/recreational facilities the zoning matrix in Table 4.3 could be amended to reflect that recreational facilities/sports clubs would be allowed on an Open Space/Amenity zoning.


Cllr. McGinley, seconded by Cllr. McNamara, proposed that the Manager’s recommendations be accepted.  The proposal was defeated by 18 votes to four.


Submission Number No. 7(Received 17.10.07) Clarke & Company on behalf of Mr. Tom Treacy.
Summary of issues raised
Re: Linden Cottage, Athgarvan.
Objection to the inclusion of Linden House as a proposed registered protected structure as the structure has been extensively remodelled over the years and very little remains to merit its inclusion on the Record of Protected Structures. 

Manager’s Recommendation:
No change

Agreed on proposal of Cllr. Black, seconded by Cllr.Dukes.


Submission No. 9(Received 17.10.07) Athgarvan Development Group

Change no. 1:
Summary of Issues Raised
Inaccurate population figures relating to the plans proposal for new residential and village centre zoning

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr.Dukes.

Change no .4:
Summary of Issues Raised
Wording of amendment not acceptable to residents in relation to the phrase “pursue an agreement”. The plan should include a policy that existing residents will be given priority over new developments in terms of connection to the sewage treatment system.

Manager’s Recommendation:
It is proposed to insert an objective under Section 3.5 (A) of the Draft Local Area Plan to read as follows:
‘When providing links for new residential development it shall be a policy of the Council to provide, where possible and feasible to do so, a link for existing dwellings to the water and wastewater infrastructure’.

Agreed on the proposal of Cllr. Black, seconded by Cllr. Dukes.

Change no. 5: 
Summary of Issues Raised
Independent traffic study and safety audit

Manager’s Recommendation:
No change.

Agreed on the proposal of Cllr. Black, seconded by Cllr. McGinley.

Change no. 6:
Summary of Issues Raised
Submit that all development in Athgarvan is contingent on the design and upgrade of all roads, in particular the village centre.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. McGinley.

Change no. 7:
Summary of Issues Raised
To co-operate with relevant transport bodies is welcomed but is considered passive. Amendment needs to address who will initiate discussions with transport bodies, who will be responsible for this in Kildare County Council and what is the objective in this regard.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. Conway

Change no. 9 Ref VC 3:
Summary of Issues Raised
The amendment should state the development of the village centre is contingent on the delivery of safety, footpath improvements and the provision of dished kerbs, road surfaces etc. on all roads approaching the centre.

Manager’s Recommendation:
It is proposed to amend bullet point no. 9 VC 3 to read as follows:
‘Improve the safety and accessibility of Athgarvan through footpath improvements, provision of dished kerbs and grading of surfaces on all approach roads to the village’.

Agreed on the proposal of Cllr. Dukes, seconded by Cllr. Nolan.

Change no. 10:
Summary of Issues Raised
Request that the Councillors amendment removing the objective of an Action Area Plan for the village should be rejected. It is felt that an Action Area Plan is an ideal forum to allow the Council, developers and residents to collaboratively develop the design of the village centre.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. McGinley.


Submission Number No. 10(Received 17.10.07) Edmund and Susan Loder, Eyrefield Lodge, The Curragh, Co. Kildare.

Change no. 1:
Summary of Issues Raised
Proposal for new residential states that 8.73 hectares is zoned is inaccurate, concerns raised that the actual figure is 14.46 hectares. 

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. Conway.

Change no. 2:
Summary of Issues Raised
In relation to the Village Centre, emphasis appears to concentrate on design rather than context. The content and the problem of how the two village centres will balance each other is essential.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Black.

Change nos. 3 & 4:
Summary of Issues Raised
The Athgarvan Pumping Station is at capacity and now poses a health and safety hazard. Un- acceptable that such large proportions of houses in the village are still on septic tanks, which the council has to empty. 

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin.

Change no. 5:
Request that traffic survey should take place before any new development takes place. Concerns raised with regard to the Councils intention to double the size of village.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Conway, seconded by Cllr. S. Doyle.

Change no. 6:
Summary of Issues Raised
In relation to the footpath to the school it is stated that the footpath cannot be dependant on the new developments. Reference is made in relation to land given to the Council by Connolly Villas and others some years ago to facilitate this footpath but no footpath has been laid by the council in Athgarvan since 1996.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Nolan, seconded by Cllr.Miley.

Change no. 7:
Summary of Issues Raised
Request for a lay-by with a proper bus stop (i.e. covered seated area) so as to encourage people to use the bus service.

Manager’s Recommendation:
To amend proposed amendment number 7 to read as follows:
‘To co-operate with the relevant transport bodies (both public and private) and authorities to secure improvements to the public transport system, to include the provision of lay bys with an appropriately designed bus stop to include a covered, seated area’.

Agreed on the proposal of Cllr. Black, seconded by Cllr. Conway.

Change No.10:
Summary of Issues Raised
Concerns expressed regarding shops facing the main road and how it would result in multiplying the problems of lorries and cars parking there. Parking is highlighted as a major issue.

Manager’s Recommendation:
No change 

Agreed on the proposal of Cllr. Black, seconded by Cllr. Conway.

Change No.14:
Summary of Issues Raised
Areas E & F on the plan which are zoned for education, community, open space and amenity are privately owned and are not available for any of the above. Request that some of the development land be rezoned.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Black.

Map Amendment M3:
Summary of Issues Raised
Support expressed for this amendment and are for the Open Space/ Recreation/Amenity be passed directly to Newbridge Rugby Club.

Manager’s Recommendation:
Omit Map Amendment M3

Already decided.

Map Amendment M7:
Summary of Issues Raised
This road objective is noted as running directly through a long established Stud Farm, which is presently cut in half by the R413. Reference made to both the road and the proposed C6 Residential and the threat to the viability of the stud. Emphasis place on the fact the Stud is the probably the largest employer in the Athgarvan at present.

Manager’s Recommendation:
It is proposed to delete the proposed  change to the Draft Local Area Plan and revert back to the proposal of the original Draft Local Area Plan (i.e. to extend the proposed road from a point to the south west of C2 on the opposite side of the road in a south easterly direction through lands C6 and lands zoned ‘F’ to the edge of the ‘F’ zoning. It shall not be the intention to impinge on the agricultural lands further south).

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Black.

Submission Number No. 11(Received 17.10.07) Brian Meehan & Associates Planning Consultants on behalf of Tommy Tougher.
Summary of Issues Raised
Re: Zone subject lands located within the triangular- shaped area of land formed by the R413 and the R416 for New Residential or a portion of the subject lands be zoned New Residential. Current land zoning is agricultural.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Griffin.

Submission Number No. 12(Received 17.10.07) Percy Podger, French Furze House, Kildare, Co. Kildare on behalf of the Ballymany Sheep Dipping Group.

Issue Nos. 1 and 2
Summary of Issues Raised
This submission refers to an absence from the Plan to incorporate sheep grids which, it is proposed, are installed at the edge of the Curragh of Kildare for the users and residents of the Athgarvan area.

Manager’s Recommendation:
It is proposed to further amend the proposed amendment to objective OT 5 (C) under Section 3.6 to read as follows:
‘To upgrade and improve the L2032 running from Athgarvan Crossroads and Scoil Bhríde Primary School, incorporating new footpaths, public lighting, tactile paving etc. as part of all upgrade works in conjunction with Kildare County Council. The installation of sheep grids at the south-western most point of Athgarvan on the edge of the Curragh plain shall also be undertaken as part of the upgrading and improvement of the L2032 as above’. 

Agreed on the proposal of Cllr. F. Dukes, seconded by Cllr. Black.

Issue No. 3

Manager’s Recommendation:
It is proposed to further amend the proposed amendment to objective OT 5 (C) under
Section 3.6 to read as follows:
‘To upgrade and improve the L2032 running from Athgarvan Crossroads and Scoil Bhríde Primary School, incorporating new footpaths, public lighting, tactile paving etc. as part of all upgrade works in conjunction with Kildare County Council. The installation of sheep grids at the south-western most point of Athgarvan on the edge of the Curragh plain shall also be undertaken as part of the upgrading and improvement of the L2032 as above’. 

Agreed on the proposal of Cllr. Dukes, seconded by Cllr. Black.

Issue No. 4
Summary of Issues raised:
Objection to ‘pitch and putt’ course being incorporated as a recreational area for Athgarvan

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. Nolan.

Issue No. 5
Summary of Issues raised:
It is proposed to amend the Village Centre Design Brief under Section 4.1 of the Draft Local Area Plan to replace the line:
‘…Any development at this location should encourage a compact urban form with strong and defined building edges and building form’ to
‘….Any development at this location should encourage a RURAL form that is non-compact, with building form, TO SUIT SUCH AN ENVIRONMENT’.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.


Submission Number No. 13(Received 17.10.07) Percy Podger, French Furze House, Kildare, Co. Kildare on behalf of Friends of the Curragh Environment Ltd Gleann na Greinne, Station House, Naas, Co. Kildare.

Issue No. 1
Summary of Issues raised
Dissatisfaction that the Manager’s Report was not made available to the public.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 2
Summary of Issues raised
Dissatisfaction that no reference was made to comply with the European Directive with regard to the Strategic Environmental Assessment.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 3
Summary of Issues raised
Related to provision for public railway services in Athgarvan

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 4
Summary of Issues raised
Request to amend proposed amendment number 2 (PH 16) to change the proposed wording from:
‘…The developer shall outline mitigation measures in minimising the effect of such traffic on the residential amenity of nearby dwelling units’ to

‘The developer shall clearly define and precisely describe the measures to obviate the effect of such traffic on the residential amenity of nearby dwelling units’.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 5
Summary of Issues raised
Dissatisfaction that input re: solar panels in change No. 2 (PH 6) of the Amendments Report does not go far enough towards the interests of sustainability.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 6
Summary of Issues raised:
Reference to installation of sheep grids

Manager’s Recommendation:
It is proposed to further amend the proposed amendment to objective OT 5 (C) under
Section 3.6 to read as follows:
‘To upgrade and improve the L2032 running from Athgarvan Crossroads and Scoil Bhríde Primary School, incorporating new footpaths, public lighting, tactile paving etc. as part of all upgrade works in conjunction with Kildare County Council. The installation of sheep grids at the south-western most point of Athgarvan on the edge of the Curragh plain shall also be undertaken as part of the upgrading and improvement of the L2032 as above’. 

Agreed on the proposal of Cllr. Dukes, seconded by Cllr. Browne.

Issue No. 7
Summary of Issues raised:
Re: lands, proposed for education use and in the ownership of Mr. Paul Buckley that, it is claimed, are not available for same nor are they for sale.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 8
Summary of Issues raised:
Request that the wording of the Local Area Plan be amended from
‘Taking into account the population increase of 980 people in Athgarvan over a 12 year period from 1994 to 2006, approximately 8.73 hectares is zoned for New Residential use to provide for the future growth of the village, with a Village Centre of 2.7 hectares’ to read
‘…Taking into account the population increase of 980 people in Athgarvan over a 12 year period from 1994 to 2006, CONTRARY TO THE 1996 ATHGARVAN DEVELOPMENT PLAN approximately 8.73 hectares is zoned for New Residential use to provide for the future growth of the village, with a Village Centre of 2.7 hectares’.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 9
Summary of Issues raised:
It is proposed to amend the Village Centre Design Brief under Section 4.1 of the Draft Local Area Plan to replace the line:
‘…Any development at this location should encourage a compact urban form with strong and defined building edges and building form’ to
‘….Any development at this location should encourage a RURAL form that is non-compact, with building form, TO SUIT SUCH AN ENVIRONMENT’.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Issue No. 10
Summary of Issues raised:
Relates to the Greenlands of The Curragh of Kildare as agricultural and the objection that these lands cannot be zoned for any other land use.

Manager’s Recommendation:
No change

Agreed on the proposal of Cllr. Black, seconded by Cllr. S. Doyle.

Submission Number No. 14(Received 17.10.07) Gerard Deegan, Chairman, Athgarvan Villa F.C
Summary of Key Issues Raised
Support expressed to the proposal of Mr. John Dardis to rezone for low density housing his lands (12 acres) at Walshestown, Athgarvan and the subsequent transfer of lands (27.7 aces ) to Newbridge Rugby Club.

Manager’s Recommendation:
1 To omit proposed change M1
2 To omit proposed change M2
3 To omit proposed change M3

Already decided.

Further to a question from Councillor Dukes, it was confirmed that the residential zoning identified for area M1 was for low density housing (4 to the acre).  In response to a query from Councillor Griffin, the County Manager informed the members that, in relation to the proposed zoning of land for recreational and amenity use, the onus was with the community groups involved to come forward with a proposal for the use of the land which is acceptable to all involved parties. 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Black, with 17 members voting in favour and 3 members voting against, that it is confirmed in the case of any amendment recommended by the County Manager and not accepted by the members, the plan and/or amendments to it as advertised in the most recent phase of public consultation on the plan, shall stand.

Resolved on the proposal of Councillor O’Loughlin, seconded by Councillor Black, with 17 members voting in favour, 4 members voting against and 1 member abstaining, that the Athgarvan Local Area Plan 2007 is hereby made, pursuant to Section 20 of the Planning and Development Act 2000 (as amended), to incorporate the amendments proposed and agreed by the members of Kildare County Council at their meeting of 17 December 2007.  The Athgarvan Local Area Plan will legally come into effect on 25 December 2007.

03/1207
Progress Report on County Development Plan 2005-2011

This item was deferred to the next meeting.

This concluded the business of the Special Meeting.