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KILDARE COUNTY COUNCIL

Minutes of Monthly Meeting

held at 2.00 p.m. on Monday, 26 May 2008 at

Áras Chill Dara, Devoy Park, Naas, Co Kildare

 

Members Present:  Councillor M Glennon (Mayor); Councillors P Black, F Browne, K Byrne, W Callaghan, G Conway, M Dalton, L Doyle, S Doyle, F Dukes, D Fitzpatrick, S Griffin, R Hendy, G W Hillis, P Kelly, T McEvoy, J McGinley, P MacNamara, M Miley, M Nolan, F O’Loughlin, J J Power, K Ridge and B Weld.

 

Apologies:               Councillor G McDonagh

 

Also Present:           Mr M Malone, County Manager, Messrs J Boland, J Lahart, P Minnock, E O’Sullivan and D Page (Directors of Services), C Talbot (Meetings Administrator) and other officials.

 

_________________________

 

1/0508

Confirmation of Minutes

The council considered the minutes of the monthly meeting held on 28 April 2008 and special meeting held on 18 April 2008, together with the progress report.

 

Resolved on the proposal of Councillor Hillis, seconded by Councillor Hendy, that the minutes of the monthly meeting held on 28 April 2008 and special meeting of 18 April 2008 be confirmed and taken as read.

 

2/0508

Committee Minutes

The Council considered the committee minutes which had been circulated with the agenda.

 

Athy Area – 10 March 2008

Resolved on the proposal of Councillor Dalton, seconded by Councillor Miley, that the minutes be noted.

 

Clane Area – 8 April 2008

Resolved on the proposal of Councillor Weld, seconded by Councillor Fitzpatrick, that the minutes be noted.

 

Celbridge Area – 11 April 2008

Resolved on the proposal of Councillor Ridge, seconded by Councillor Byrne, that the minutes be noted.

 

Kildare Area – 2 April 2008

Resolved on the proposal of Councillor Nolan, seconded by Councillor S Doyle, that the minutes be noted.

 

Leixlip Area – 28 March 2008 and 18 April 2008

Resolved on the proposal of Councillor McGinley, seconded by Councillor Kelly, that the minutes be noted.

 

Councillor Hendy requested an update in relation to the Southern Ring Road for Athy.  The meetings administrator advised that a briefing was being prepared for the next meeting of the Athy Area Committee on 9 June 2008.

 

3/0508

Disposal of land

 

30 Moneen View, The Hollands, Athy

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 30 Moneen View, The Hollands, Athy, Co Kildare to James and Virginia Hutchinson in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

3014 Millview, Milltown, Newbridge

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 3014 Millview, Milltown, Newbridge, Co Kildare to Mary Spencer in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

4 Barrow Way, Dun Brinn, Athy

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 4 Barrow Way, Dun Brinn, Athy, Co Kildare to Christopher and Helena Obisanya in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

93 Pairc Bhride, Athy

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 93 Pairc Bhride, Athy, Co Kildare to Pat O’Connell in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

46 Coney Meadows, Coneyboro, Athy

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 46 Coney Meadows, Coneyboro, Athy, Co Kildare to Nichola Maughan in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

48 Coney Meadows, Coneyboro, Athy

The council considered statutory notice dated 15 May 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 48 Coney Meadows, Coneyboro, Athy, Co Kildare to Sinead Foley in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

98 sq m adjacent to 483 Ard Mhuire, Rathangan

The council considered statutory notice dated 11 April 2008 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 98 sq m of land adjacent to 483 Ard Mhuire, Rathangan, Co Kildare, to Denis Conlan in consideration of payment of €3,000 and subject to all legal fees and other relevant costs being paid by respective parties.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

4/0508

Planning and Development Act 2000

Planning and Development Regulations 2001 – Part VIII

To consider proposal for Newbridge Eastern Interceptor Sewer

Mr Boland, Director of Services, referred to a report dated 14 May 2008, which had been circulated to the members.  Mr Boland advised the members that the proposed works comprised the construction of a new pumping station, storm retention tank and associated site works at Kilbelin, Newbridge and the demolition and replacement of the existing pumping station, construction of a new storm retention tank and associated site works to the south of the existing Newhall Pumping Station at Newhall, Naas.  Mr Boland set out the timeframe for the development and also the benefits of the proposal to Newbridge, particularly the Kilbelin area.

 

 

The members considered the report and it was resolved on the proposal of Councillor O’Loughlin, seconded by Councillor Black, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001, that the Part VIII proposal for the Newbridge Eastern Interceptor Sewer be agreed.

 

5/0508

Budgetary Report

Ms Millane, Acting Finance Officer, advised the members that the budgetary report for the quarter ended 31 March 2008, which had been circulated at the April meeting of Council, had been considered by the Finance Committee.  Ms Millane outlined some issues arising from the report, including the overspend of €11m in the Housing capital programme in 2007 which has now become the first call on the 2008 allocation.  She informed the members that the level of funding allocation for the central heating programme was not as anticipated for 2008, however, the Department of the Environment, Heritage and Local Government had indicated that any additional expenditure can be claimed in 2009.  She referred to the substantial decrease in development levy receipts over the same period in 2007 and also the implications of the introduction of Fixed Price Contracts for capital projects.

 

Resolved that the report be noted.

 

6/0508

Annual Financial Statement for Financial Year ended 31 December 2007

 

Ms Millane, Acting Finance Officer, briefed the members on the contents of the financial statement and stated that the document will be referred to the Finance Committee and Audit Committee for consideration. 

 

Resolved that the report be noted.

 

7/0508

Approval of Over-expenditure for Year ended 31 December 2007

 

Ms Millane, Acting Finance Officer, briefed the members on the contents of the report which detailed over-expenditure for the year 2007. 

 

Resolved on the proposal of Councillor Power, seconded by Councillor L Doyle, that the over expenditure set out in appendix 9 of the annual financial statement for year ended 31 December 2007, and re-produced in appendix 1 to these minutes, be approved.

 

8/0508

Road Safety Briefing

Mr Declan Keogh, Road Safety Officer, briefed the members in relation to Kildare County Council’s road safety campaign.  He set out the role of the Road Safety Officer and explained the work of the Kildare FiRo Safety Roadshow, stating that the Roadshow would be in attendance at upcoming events in the county.  He outlined the current road safety promotion and advertising campaign and highlighted Kildare County Council’s sponsorship of traffic reports on local radio.  Mr Keogh outlined the work being done with both primary and secondary schools in the county.  He also outlined the Operation Banks campaign which is roled out every Bank Holiday weekend.  Mr Keogh informed the members that already this year there had been eight fatalities on the roads in Co Kildare.

 

The Mayor and members thanked Mr Keogh for a very informative presentation and congratulated him on his innovative ideas for promotion of road safety in the county.  The members raised a number of issues such as diversion of traffic away from road accidents, locating speed checks on regional roads, auditing of black spots and road signage throughout the county.  Mr Keogh was complimented on his work with schools and community groups.  Mr Keogh replied to the issues raised by the members.

 

9/0508

Approval of Payment of Grants:

Community Grants

Arts Award Schemes

Capital Grants for Recreational Development Scheme 2008

Residents Association Grants – Local Authority Estates

Residents Association Grants – Private Estates

 

Mr G Halton, Senior Executive Officer, briefed the members on the contents of the report which proposed the distribution of grants across a range of community and voluntary sectors working in the county.  The County Manager informed the members that every effort had been made to assist as many groups as possible and that the total amount of money being distributed was in the region of €600,000.  The members welcomed the report and discussed its contents.  The Community and Enterprise Director and staff were complimented on the good work that had been done in distributing the grants. 

 

Mr Halton replied to queries raised with regard to unsuccessful and ineligible applications and assured the members that every effort was made to ensure that as many applicants as possible received grants.

 

Resolved on the proposal of Councillor Griffin, seconded by Councillor Hendy, that the recipients of the grants referred to in the document presented to council be approved.

 

10/0508

Vote of Sympathy

The Mayor and members expressed a vote of sympathy with Mr Willie Bagnall, Transportation Department, on the death of his wife.

 

11/0508

Mayor’s Business

The Mayor paid tribute to everyone who had participated in Kildare County Council’s Triathalon over the weekend, including Councillors Kelly and Miley.  She thanked the staff who had organised the event and the army for the assistance they had given in staging the Triathalon. 

 

The Mayor informed the members that she had attended the opening ceremony for the Community Games and was proud to report that Co Kildare had the largest contingent of participants in the opening ceremony.  She congratulated everyone who was participating in the games.

 

The Mayor congratulated Mr Ian Taylor from Leixlip who had recently successfully climbed Mount Everest.

 

The Mayor requested agreement from the members to hold the Annual General Meeting at 3pm on 20 June 2008.  This was agreed by the members.  The County Manager stated that he would be unable to attend on that day and took the opportunity to thank the Mayor for her contribution to the county during the last year, stating that it had been a pleasure to work with her.  The Mayor thanked the County Manager for his comments.

 

Councillor Black thanked Kildare County Council for the work that had been done with the Office of Public Works in establishing the Defence Forces Headquarters in Newbridge.

 

Councillor O’Loughlin informed the meeting that she had noted with regret the resignation of the members of the Strategic Arts Management Ltd (SAM) Board.  She stated that Riverbank Arts Centre had been a great facility for Newbridge since it opened.  She asked the County Manager to ensure that new structures were put in place to protect the development of Riverbank as a dynamic Arts Centre.  The County Manager informed the meeting that he was aware of the issues facing the Board of SAM and also of their decision to cease trading as and from 31 August 2008.  He advised the members that Kildare County Council was committed to promoting the arts in Co Kildare and to supporting Riverbank.  He stated that Kildare County Council would strive to ensure that structures were put in place to protect the continuation of Riverbank Arts Centre.

 

12/0508

County Manager’s Business

Mr Boland, Director of Services, circulated a report to the members, dated 23 May 2008, in relation to the Water Services Investment Programme.  Mr Boland briefed the members in relation to new requirements for public works contracts requiring the use of fixed price contracts.  He referred to Circular L5/08, dated 6 May 2008, from the Department of the Environment, Heritage and Local Government, which stipulates that all contracts for public works contracts entered into on or after 13 February 2008 must use the new form of contracts.  Mr Boland highlighted the projects in the county which would be affected by this requirement and noted the serious implications for progression of these projects. 

 

The members considered the report and raised a number of issues including, implications for projects where planning permission had already been granted and implications for progression of local area plans already under consideration or proposed for consideration.  The members were unanimous in their support for the introduction of Fixed Price Contracts, but were adamant that this should not effect projects which had already gone to tender.  The members asked for clarification in relation to the estimated time delays for projects listed in the report, as the Department of the Environment, Heritage and Local Government seem to be indicating that the new requirements should not result in substantial delays to projects. 

The members requested that legal advice be taken in relation to the contents of Circular L5/08.  Mr M O’Leary, Senior Engineer, responded to the queries raised by the members and outlined how the estimated time delays had been calculated based on the requirements of the new form of public works contracts.  The County Manager advised the members that some initial legal advice had been sought.

 

Resolved on the proposal of Councillor Griffin, seconded by Councillor McGinley, and agreed unanimously by the members, that a letter outlining the following resolution of the members of Kildare County Council be sent to the Minister for the Environment, Heritage and Local Government:

 

The Council acknowledges receipt of Circular L5/08 and, indeed, is fully committed to the implementation of the new forms of contract for public works projects.  It is, however, urged that a derogation from the terms and requirements of the circular be allowed in respect of the following projects:

  • Lower Liffey Valley Regional Sewerage Scheme – Network Improvements
  • Kildare Town Sewerage System – Network Upgrade
  • Castlewarden to Ballygoran Water Supply Scheme
  • Kildare Wellfield Development - Phase 2
  • Derrinturn Wastewater Scheme

 

In this regard, the Council is mindful of the following potentially very serious implications:-

  • the overwhelming  need to urgently address deficiencies in existing water and wastewater infrastructure.  The Council is mindful, in this regard, of recent commitments given locally to the construction industry.
  • the serious risk of pollution which will arise as a result of further delays.
  • given the very advanced status of the tender award process in some instances, there may well be legal implications which, again, need to be fully considered.
  • the cost implications arising as a result of ;
    • renegotiating consultancy fees
    • additional site investigations
    • re-running staff recruitment competitions

 

Having regard to the foregoing, the elected members are strongly of the view that the Department of the Environment, Heritage and Local Government seek approval from the Department of Finance to amend the time deadlines imposed in this circular.

 

13/0508

Presentation from The Irish Farmer’s Association

Kildare County Executive

The Mayor welcomed Mr David Egar, Chairman, Kildare IFA, together with Mr Eugene Lawlor, to the Chamber.  Mr Egar thanked the Mayor and members for agreeing to receive their presentation in relation to the World Trade Organisation talks.  Mr Lawlor outlined to the members the Irish Farmer’s Association’s concerns in relation to the effects of EU Trade Commissioner Peter Mandelson’s proposals on Irish farmers.  A document outlining the IFA position was circulated to the members.  Mr Lawlor set out the background to the WTO talks and the impact of Mr Mandelson’s proposals for farming generally and also the impact on farming in Co Kildare.  He highlighted the risks to jobs both in farming and ancillary industries.  He stated that the IFA are calling on the Ministers for Agriculture, Fisheries and Food and Foreign Affairs and the Taoiseach to assert Ireland’s vital national interest at the highest level in Europe to ensure that Mr Mandelson’s concessions are rejected, as his position represents a grave and unacceptable threat to Irish farming, the food industry and employment in the Irish economy.

 

The members agreed that the issues raised by the Irish Farmer’s Association were serious and reiterated their support for the IFA, having already written to the Ministers for Agriculture, Fisheries and Food and Foreign Affairs and the Taoiseach on 1 May 2008 in relation to this matter.  The Mayor and members thanked Mr Egar and Mr Lawlor for their presentation and asked to be kept informed if they could be of any further assistance.

 

 

14/0508

Correspondence

The council noted receipt of the following correspondence:

 

Letter from the Department of Agriculture, Fisheries and Food acknowledging receipt of letter from Kildare County Council concerning the World Trade Organisation talks.

 

Letter from the Office of the Taoiseach acknowledging receipt of letter from Kildare County Council concerning the World Trade Organisation talks and advising that the correspondence had been referred to the Minister for Agriculture, Fisheries and Food for attention and reply.

 

Letter from the Department of the Environment, Heritage and Local Government, acknowledging receipt of letter from Kildare County Council supporting resolution of the members of South Tipperary County Council relating to housing agencies.

 

Letter from the Department of Health and Children in response to letter from Kildare County Council dated 10 April 2008, in relation to the provision of hospital services for Cystic Fibrosis patients, advising that a copy of Kildare County Council’s correspondence has been referred to the Chief Executive Officer of the HSE who will arrange for the matters raised to be investigated and reply directly.

 

15/0508

Conferences

5 June 2008

NASC – West Ireland European Partnership

NASC Annual Conference

Ard Rí House Hotel, Tuam, Co. Galway

Cost per Delegate:  €693.43

Nominees:  Councillors D. Fitzpatrick, G. Conway and F. Browne

 

5 June 2008

Transport Times

Action on Climate Change:  A Role for Transport

ICO Conference Centre, London

Cost Per Delegate:  €868.85

Nominees:  Councillor S. Griffin

 

6-7 June 2008

Ards Borough Council

Tourism & Technology Conference

Portaferry Hotel, Portaferry, Co. Down

Cost per Delegate:  €496.34

Nominees:  Councillors K. Byrne, L. Doyle, P. Black, K. Ridge and M. Nolan

 

6-8 June 2008

National Association of Councillors

Equality & Opportunity Conference

Mercure Holland House Hotel & Spa, Cardiff, Wales

Cost per delegate:  €949.50

 

6-8 June 2008 

The Local Government Housing Service

Training Seminar for Councillors

Bellinham Castle Hotel, Castlebellingham, Co. Louth

Cost per delegate:  €698.97 

Nominees:  Councillors R. Hendy, F. Browne, F. O’Loughlin and W. Callaghan

 

10 June 2008

Dundalk Chamber of Commerce

Planning & Development a Centre for the North East

Park Inn, Dundalk, Co. Louth

Cost per delegate:  €335.05

Nominees:  Councillors K. Ridge, M. Nolan, K. Byrne, L. Doyle and W.Callaghan

 

19 June 2008 

City & Financial Conferences

The 4th Annual Irish Public Private Partnerships Policy Forum

The Gresham Hotel, 23 Upper O’Connell Street, Dublin 1

Cost per delegate:  €1,267.22

Nominees:  Councillors P. Black and M.Dalton

 

25 June 2008

Transport Times

A Sustainable Future for Aviation?

CBI Centre, Centre Point, London

Cost per delegate:  €868.85

Nominees:  Councillors M. Nolan,

 

25 – 27 June 2008

Wexford County Council, History Ireland & Keough Notre Dame Centre, Dublin

Byrne Perry Summer School

Christian Brothers School, Wexford Street, Gory, Co. Wexford

Cost per delegate:  €499.60

Nominees:  Councillors R. Hendy, B. Weld, F. Browne, G. Conway and F. O’Loughlin

 

29 June – 5 July 2008

The Synge Summer School

Conference Centre, Avondale House, Rathdrum, Co. Wicklow

Cost per delegate:  €1,357.77

Nominees:  Councillors B. Weld, F. Browne, M. Dalton and M. Miley

 

2-4 July 2008

European Social Network

16th European Social Services Conference

Paris, France

Cost per delegate:  €1,721.33

Nominees:  Councillors K. Ridge, S. Griffin and R. Hendy

 

16/0508

Motion - Councillor McEvoy

That a report be given on what strategy we have for dealing with discarded rubbish along roadsides, in ditches and other such locations and can our resources in this regard be increased to cope with a deteriorating situation.

 

The Meetings Administrator referred to a report from the Environment Department dated 16 April 2008 stating that Kildare County Council has four litter wardens who investigate reports of illegal dumping and take appropriate enforcement action where possible.  Two two-men environmental crews are also employed to cover a range of tasks including clean-ups of bottle banks, erect litter signage, deliver refuse bins to customers, offer assistance to organised community clean-ups and assistance to litter wardens.  It was not originally intended that the environmental crews would carry out roadside clean-ups, however, due to the extent of dumping in the county it has become necessary for the crews to become involved in such activities.  Both the wardens and crews have a wide geographical area to cover and respond to reports of illegal dumping on a priority basis. 

 

Councillor McEvoy proposed that a bye-law be introduced making it obligatory for all residents to produce, on demand, documentary evidence that they avail of a legal, approved refuse disposal service.  Failure to provide such evidence would result in a fine.  He noted with regret that litter bins had to be removed from locations around the county because they were being used to dispose of household refuse. 

 

Resolved on the proposal of Councillor McEvoy, seconded by Councillor Hendy, that this matter be referred to the Environment and Services Strategic Policy Committee for further consideration.

 

17/0508

Motion – Councillor Kelly

That Kildare County council recognises that in adopting the E.U. Lisbon Reform Treaty the best economic and social interests of Ireland and the E.U. will be served.  Acknowledging the benefits accruing from 35 years of E.U. membership, and accepting the need to reform a structure originally designed for six member states, this council supports the content and provisions of the Treaty. In creating an E.U. that is more effective and efficient, this council supports the view that the E.U. Lisbon Reform Treaty will enable the E.U. to speak with greater clarity and a louder voice on the international stage in combating climate change, international terrorism, and cross border crime. We move that Kildare County Council supports the adoption of the E.U. Lisbon Reform Treaty.

 

Motion – Councillor MacNamara

Recognizing the enormous contribution that membership of the European Union has made to the development of Ireland and mindful of the need to modernise, simplify and improve democracy within the Unions Institutions this council expresses its support for the Lisbon Reform Treaty and encourages a Yes vote on June 12th.

 

The members agreed to consider both motions together.  Councillor Dalton stated that posters relating to the referendum, with no distinguishing mark as to who had erected them, had been put up around the county.  He suggested that this was illegal and requested that this matter be followed up by the Environment Department.  The meetings administrator stated that this matter would be referred to the Environment Department to investigate and take appropriate action.

 

Resolved on the proposal of Councillor Kelly, seconded by Councillor MacNamara, with 20 members in favour and 1 member abstaining, to support a Yes vote in the Lisbon Treaty referendum.

18/0508

Motion – Councillor McEvoy

That the council considers whether it should have a policy, as is now being applied in other local authorities, of relating planning approval to the availability of specified infrastructure, declared in advance, and thus relieving applicants of the burden and expense of preparing complex applications which are doomed in advance.

 

The meetings administrator referred to a report from the Planning Department, dated 24 April 2008, stating that, in accordance with Section 247 of the Planning and Development Act 2000, the Planning Authority facilitates formal pre-planning meetings regarding developments (other than one-offs/extensions) within the county.  In cases where the capacity or availability of particular infrastructure is in question, the Planning Authority can request representation from particular engineering departments to address such concerns.  The Planning Department also has a Social Infrastructure Assessment Planning Policy guidance document which is tabled at pre-planning consultation stage, which enables any infrastructural deficits to be highlighted and addressed at a very early stage.

 

Councillor McEvoy raised concerns regarding the raising of issues at further information stage which can become irrelevant at a later stage of assessment of an application.  Councillor L Doyle suggested that the Planning Department hold a workshop for consultants in order to assist them in preparing planning applications. 

 

Mr Lahart, Director of Services, stated that the motion referred specifically to the pre-planning stage and the reply from the Planning Department deals with this issue.  He advised that further information is used to ascertain the full facts relating to a proposal and must contain all issues of interest to the Planning Authority, as it is not possible to raise new issues at clarification of further information stage.  He agreed that the workshop for agents had merit and would be given further consideration.

 

Resolved that the report be noted.

 

19/0508

Motion – Councillor S Doyle

That all objections, submissions and letters of support for planning permission files be accompanied by a copy of driving license or passport from person making submission, where a submission is being made on behalf of a group it must be accompanied by identification from one or more persons associated with the submission.

 

The meetings administrator referred to a report from the Planning Department, dated 21 April 2008, advising that the Planning Authority is not in a position to enforce such a request as the relevant planning legislation does not allow for it.  Mr Lahart, Director of Services, added that an amendment of the current planning legislation would be required in order to enforce the requirements of the motion.  He stated that, in relation to planning, the substance of a submission is of more concern than the identify of the person who made the submission.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Power, that a letter be sent to the Minister for the Environment, Heritage and Local Government, requesting that the content of the motion be considered in the context of the next review of planning legislation.

 

20/0508

Motion – Councillor S Doyle

That the recent practice of preparing local area plans without inviting pre draft submissions be suspended immediately and further more that any decisions to change the policy or practice of the manner in which this process is dealt with should be made by the planning authority.

 

The meetings administrator referred to a report from the Planning Department, stating that this matter had been discussed at a meeting of the Kildare Area Committee on 6 February 2008.  The advice of the Planning Department not to invite pre-draft submissions had regard to a number of factors, including the amount of land already zoned for residential development in the county and the number of local area plans required to be prepared in a short timeframe.  It was agreed that pre-draft submissions would only be invited in relation to the preparation of Local Area Plans for towns where such plans had not been previously prepared and in the preparation of Local Area Plans for towns for which development plans were prepared in the mid to late nineties.

 

Councillor S Doyle expressed her disappointment with the fact that the report from the Planning Department referred specifically to residential development, when, in fact, there were concerns in communities across the county regarding commercial/industrial development and provision of recreational amenities, among other issues.  She stated that this matter had been discussed at a Corporate Policy Group meeting and noted, however, it was now becoming clear that the implications of such a decision were not fully appreciated at that time.  Councillor Doyle suggested that this decision should have been made by full Council and not by the Corporate Policy Group alone.  A number of members spoke in support of Councillor Doyle’s motion.  Councillor McGinley suggested an amendment to the motion to exclude receipt of submissions at pre-draft stage relating to residential development.

 

 

Resolved on the proposal of Councillor Dukes, seconded by Councillor Griffin, that standing orders be suspending for 10 minutes to enable the meeting to continue until 6.10pm.

 

 

Mr Lahart, Director of Services, stated that the implications of adoption of the motion needed to be considered, including the probability of delays in preparation of Local Area Plans and a potential increase in the cost of production of the plans.  He considered that inviting pre-draft submissions would be unfocused in the absence of a Manager’s draft local area plan.  He considered that the current practice of informal consultation with the members was effective.  He added that previous experience pointed to a low level of community involvement in pre-draft submissions received.  Mr Lahart further stated that there was no requirement in legislation to invite pre-draft submissions.

 

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Dukes, that standing orders be suspending for 5 minutes to enable the meeting to continue until 6.15pm.

 

The County Manager suggested that if the motion were to be adopted then the process for receipt of pre-draft submissions needed to be clearly defined, with timeframes set in advance.  He considered that the majority of submissions received would relate to requests for zoning of land and that this, in turn, could put pressure on the Planners in dealing with Local Area Plans.  He stated that guidance with regard to the nature of submissions being invited should be agreed in advance and advertised accordingly.

 

 

Resolved on the proposal of Councillor Dukes, seconded by Councillor Dalton, that standing orders be suspending for 5 minutes to enable the meeting to continue until 6.20pm.

 

 

Mr Lahart stated that a framework for receipt of pre-draft submissions would be drafted for consideration by the members.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Dalton, and agreed by the members, that the practice of inviting pre-draft submissions for Local Area Plans be re-introduced and that a framework for receipt of pre-draft submissions be drafted by the Planning Department for consideration by the members.

 

21/0508

Motion – Councillor Kelly

That Kildare County Council in consultation with Sustainable Energy Ireland, select a town in Kildare in which to set up a sustainable energy zone, with a view to promoting the concept in other towns throughout the county in due course, and that the model of the Dundalk S.E.Z. be used to inform this process.

 

The meetings administrator referred to a report from the Mr J Boland, Director of Services, stating that this is an interesting proposal which will receive every consideration.  He advised that Sustainable Energy Ireland are due to attend the next meeting of the Planning Strategic Policy Committee on 4 June 2008.  Representatives from the Environment and Services Strategic Policy Committee have also been invited to attend this meeting.  A representative from Carlow/Kilkenny Energy Agency is due to address the Environment and Services Strategic Policy Committee on 12 June 2008.  Both meetings will provide an opportunity to discuss the practicalities of the motion in more detail.  He further advised that both the Economic Planning and Development and Environment and Services Strategic Policy Committees were collaborating in relation to these important issues and the members will be kept fully informed.

 

Resolved on the proposal of Councillor Kelly, seconded by Councillor S Doyle,  that Kildare County Council receive a presentation from Sustainable Energy Ireland.

 

The meeting then concluded.

 

 

 

 

Kildare County Council

Appendix 1 to Minutes of Monthly Meeting held on 28 May 2007

(Minute Number 7/0508 refers)

 

Schedule of Expenditure as against Allocation – Additional Expenditure 2007

 

Programme Code and Description

Excess (€)

1.2  Assist to Persons Housing Themselves

442,928

1.3  Assist to Persons Improving Houses

693,138

1.8  Admin and Miscellaneous

760,843

2.3  Road Traffic

39,003

2.8  Admin and Miscellaneous

1,032,968

3.1  Public Water Supply

866,403

3.2  Public Sewerage Schemes

837,157

4.1 Land Use Planning

181,652

4.3 Other Development and Promotion

133,685

4.5  Promotion of Interests of Local Community

382,666

4.7  Admin and Miscellaneous

1,090,290

5.1  Waste Disposal

3,383,152

5.2  Burial Grounds

56,267

5.4  Fire Protection

614,840

5.8  Admin and Miscellaneous

264,121

6.1  Swimming Pools

155,321

6.2  Libraries

97,068

6.3  Parks, Recreation Centres

33,082

6.4  Other Recreation and Amenity

415

7.1 Agriculture

3,702

7.2  Education

1,765,968

7.8  Admin. and Miscellaneous

88,641

8.3  Financial Management

417,606

8.4 Elections

48,028

8.9 Chairmans Allowance and Expenses

552

8.10 Entertainment Expenses

936

8.11  Members Salaries and Expenses

100,264

8.12 Members Expenses Abroad

152