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Kildare County Council

Minutes of Special Meeting

Held on Monday 10 November 2008 at 9.30am in Áras Chill Dara, Naas

 

Members Present: Councillor S. Griffin Mayor, Councillors B. Hillis, F. Dukes, B. Weld, M. Glennon, M. Nolan, T. McEvoy, P. Black, S. Doyle, G. Conway, P. Kelly, M. Dalton, M. Miley, F. O’Loughlin, J. McGinley, L. Doyle, JJ Power, K. Byrne, D. Fitzpatrick, F. Browne & C. Murphy

 

Apology: Councillor R. Hendy

 

Also present : Mr. J. Boland Deputy County Manager, Mr. J. Lahart Director of Services, M. Kenny Snr. Planner, C. Shinners Snr. Exec. Planner, M. Foley Meetings Administrator

 

 

1/1108

To consider the Manager’s Report on submissions to the proposed variations to the Draft Monasterevin Local Area Plan and Adoption of Local Area Plan

 

The Manager’s Report had been circulated.  Caroline Shinners reported that 11 submissions had been received in relation to the proposed amendments to the Draft Monasterevin LAP and she outlined a summary of those submissions, the Manager’s response and recommendations as follows:

 

1. Sisters of Charity of Jesus & Mary

Submission agrees with proposed changes relating to their lands but seeks clarification on (1) Masterplan objective not changed on maps 3 & 4; (2) confusion between Change No. 13 and Change No. 14

Manager’s Response: (1) Agreed maps should be changed; (2) Change No. 13 is the correct one.

Manager’s Recommendation: (1) To amend the land use zoning map Nos. 3 & 4 to omit the LAP Objective (Moore Abbey Demesne) from the legend and its illustration on the maps and to include a Masterplan Objective on the legend and to illustrate it on the maps.  The extent of the Masterplan area is defined as the portion of Moore Abbey proposed as Community & Educational in the Draft LAP. (2) To omit change No. 14.

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin to accept the Manager’s recommendation.

 

2. Glanbia

(1) Submission requires clarification on map change No. 23 as to whether an agri-business Country Life Store will be acceptable; (2) change map change M10 to “A” Town Centre

Manager’s response: (1) Any future planning application for such a store will be considered having regard to the types of development permissible in the zoning matrix; (2) it is considered reasonable to zone the subject lands to Town Centre given the proximity of the site to the established town centre.

Manager’s recommendation: (1) No change;

(2) To change the zoning of the subject lands from “H” (Industrial & Warehousing) to “A3” (Town Centre).

 

Caroline Shinners reported however that following receipt of legal advice the Manager was not in a position to propose any amendment to the zoning of the subject lands.  She said the decision to retain the zoning of these lands as “H” (Industrial & Warehousing) was taken by the members at their meeting on 28th July.  Notwithstanding the fact that the Manager in his most recent report recommended the subject site be zoned “Town Centre” both the Draft LAP and the Amendments Report proposed retaining the zoning of the site as “H”.  This was consistent with the decision of the members taken at their July meeting.  She said the members were not entitled to re-consider the zoning of these lands and they must remain “H” (Industry & Warehousing).

Cllr. S. Doyle said the area members were happy to accept the Manager’s advice.

Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. Black to accept the Manager’s advice and to retain the “H” (Industry  & Warehousing) zoning on the subject lands.

 

 

3. Aidan Mahon

Submission asks that the following text be removed “The sale of any such residential units as private homes shall not be permitted”

Manager’s response: the zoning objective to remain the same

Manager’s recommendation: No change

Cllr. S. Doyle opposed the Manager’s recommendation and proposed the following text “To provide for a retirement village and ancillary services.  The use of any such development shall be confined to such purposes in perpetuity.”

Seconded by Cllr. O’Loughlin.

Michael Kenny recommended that the words “in perpetuity” be removed and Cllr. S. Doyle agreed.Agreed on the proposal of Cllr. O’Loughlin, seconded by Cllr. Black, to reject the Manager’s recommendation and adopt the proposal of Cllr. S. Doyle, as amended.

 

4. HSE Estates & 5. Matt Lonergan

Submissions relate to Map amendment M10 and ask that the zoning be changed to Town Centre.

Response:   Same as for submission No. 2

Manager’s recommendation: Same as for Submission No. 2.

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Conway, to accept the Manager’s advice in this regard and to retain the “H” (Industry & Warehousing) zoning on the subject lands.

 

6. Mick & Lily Donoghue

Submission asks for Light Industry & Warehousing zoning at Mayfield Interchange, subject of map amendment M6, be extended.

Manager’s Response: Not considered appropriate as there is adequate land zoned for industry within the town boundary and including land at Mayfield Interchange, 3.5km from the town, would set an undesirable precedent.

Manager’s recommendation: To omit map amendment M6 from the Draft LAP

Cllr. S. Doyle rejected the Manager’s recommendation and asked to be informed of the legal advice received by the executive.  Michael Kenny strongly advised against extending the zoning as the public would not be afforded an opportunity to comment on the change at this stage of the process.

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin, not to modify the proposed amendment M6 zoning on the lands at the Mayfield Interchange.

 

7 & 8. Liam & Donal Fitzpatrick

Submissions ask for the inclusion of an objective “To provide for off-line motorway service facilities at Mayfield Interchange, that the lands be zoned Retail and Commercial and that the Glanbia site (map amendment M10) be zoned Commercial/Retail or Town Centre.

Manager’s Response: Submission No. 7 and part of submission No. 8 do not relate to a proposed amendment & cannot be considered.  Re Glanbia (Submission No. 8), same response as submission No. 2

Manager’s Recommendation: No change re No. 7 and that part of Submission No. 8 relating to the same lands. Same response as for submission No. 2 for that part of Submission No. 8 relating to the Glanbia site.

Cllr. S. Doyle said that the lands in question at Mayfield were the subjects of two successful material contraventions and she proposed that they be appropriately zoned for the purpose of a motorway service area in the next CDP in order to promote appropriate development at this location.  Seconded by Cllr. Dukes. 

 

Caroline Shinners said that the material contravention process was not one that had any relation to the review of the LAP.  She also said that the review of the CDP was due to start in May 2009 and it was up to the landowner to make a submission at that time.

Agreed on the proposal of Cllr. Dukes, seconded by Cllr. O’Loughlin to accept the Manager’s recommendation.

 

9. Tom Treacy

Submission supports map amendment M15 & proposed change No. 6.  Also seeks amendment of proposed change No. 7 to “The extent of the flooding buffer zone to be applied on the Town Centre zoned lands at the Dublin Road, Monasterevin shall be determined following the preparation of the design brief for the site as detailed in Table 13 of the LAP”

Manager’s Response: It is more appropriate to include a stipulation that a site specific Flood Risk Assessment be carried out as part of a planning application.

Manager’s Recommendation:  To amend proposed change No 7 as follows:

 

“To include the following as a new objective FL 2 in Section 5.5 (Flooding) of the Draft Local Area Plan, as a new paragraph immediately prior to the final paragraph under ‘C’ (New Residential) in Table 13 of the Draft Local Area Plan and also under ‘A’ (Town Centre) in Table 13 of the Draft Local Area Plan;

‘All future development proposals on the ‘Hulk site’ (to the west of the River Barrow, to the east of the Grand Canal, to the north of the main Monasterevin – Portlaoise road and within the local area plan boundary) shall be required to demonstrate that they will not be at risk of flooding. Therefore any future planning application on these lands will be required to include a site specific Flood Risk Assessment. This FRA shall be carried out in accordance with the guidance set out in the Draft guidelines from the DOEHLG and the OPW titled “The Planning System and Flood Risk Management” (or as subsequently finalised). The conclusions of this assessment shall determine the suitability of the site for development and if suitable it shall inform the design concept in addressing flood risk management issues. The inclusion of a minimum riparian zone of 15 metres shall be incorporated into the design concept in order to provide continual access to the river. “

 

Agreed on the proposal of Cllr. Doyle, seconded by Cllr. Power to accept the Manager’s recommendation.

 

10. Edward Cullen, Mick & Lily Donoghue, Clare Mulhall

Submission asks for Light Industry & Warehousing zoning at Mayfield Interchange, subject of map amendment M6, be extended.

Manager’s response: as per Submission No. 6

Manager’s recommendation: as per Submission No. 6

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin, not to modify the proposed amendment M6 zoning lands at the Mayfield Interchange.

 

11. David O’Reilly

Submission requests omission of map amendment M24 as the site is not within the functional floodplain of the River Barrow.  Also requests the omission of change No. 7 from Section 5.5 and Table 13 under “A” Town Centre

Manager’s response: Proposed map amendment was on foot of a submission from the DOEHLG

 

Manager’s recommendation:

1) No change

2) To amend proposed change No 7 as follows:

 

“To include the following as a new objective FL 2 in Section 5.5 (Flooding) of the Draft Local Area Plan, as a new paragraph immediately prior to the final paragraph under ‘C’ (New Residential) in Table 13 of the Draft Local Area Plan and also under ‘A’ (Town Centre) in Table 13 of the Draft Local Area Plan;

’‘All future development proposals on the ‘Hulk site’ (to the west of the River Barrow, to the east of the Grand Canal, to the north of the main Monasterevin – Portlaoise road and within the local area plan boundary) shall be required to demonstrate that they will not be at risk of flooding. Therefore any future planning application on these lands will be required to include a site specific Flood Risk Assessment. This FRA shall be carried out in accordance with the guidance set out in the Draft guidelines from the DOEHLG and the OPW titled “The Planning System and Flood Risk Management” (or as subsequently finalised). The conclusions of this assessment shall determine the suitability of the site for development and if suitable it shall inform the design concept in addressing flood risk management issues. The inclusion of a minimum riparian zone of 15 metres shall be incorporated into the design concept in order to provide continual access to the river. “

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin, to accept the Manager’s recommendation.

Resolved on the proposal of Councillor S. Doyle, seconded by Councillor O’Loughlin, with 18 members voting in favour and 1 member abstaining, that the Monasterevin Local Area Plan 2008 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 10th November 2008.  The Monasterevin Local Area Plan will legally come into effect on 19th November 2008.

Cllr. S. Doyle thanked the Forward Planning team for their work on the plan.

 

2/1108

To consider the Manager’s Report on submissions to the proposed variations to the Draft Derrinturn Local Area Plan and Adoption of Local Area Plan

The report had been circulated.  Caroline Shinners reported that 2 submissions had been received in relation to the proposed amendments to the Draft Derrinturn LAP and she outlined a summary of those submissions, the Manager’s response and recommendations as follows:

 

1. Windsor Style Developments

Submission seeks the inclusion of a further 2ha of lands to be zoned New Residential to provide access to the lands currently zoned in the LAP

Manager’s response : sufficient lands already zoned in Derrinturn and access currently accommodated through the existing residential development

Manager’s Recommendation: No further changes

A discussion took place and it was clarified that the decision to extend the residential zoning out to the 500m zone was already taken at the meeting on 28th July.  The issue in question at this meeting was whether to include an additional 2.076ha of residential zoning.

It was agreed on the proposal of Cllr. Weld, seconded by Cllr. L. Doyle, to accept the Manager’s recommendation of no additional residential zoning.

 

2. Joe Mulligan

Submission seeks 3.35ha outside the development boundary to be zoned residential.

Manager’s response: only submissions related to the proposed amendments can be considered at this stage

Manager’s recommendation : No change

Agreed on the proposal of Cllr. L. Doyle, seconded by Cllr. Weld to accept the Manager’s recommendation. Cllr. Weld welcomed the agreement regarding the extension to the existing graveyard and the arrangement that 0.81ha/2 acres of land is to be transferred to KCC free of charge prior to any grant of planning permission on the lands zoned residential outlined in yellow on map 2.

Resolved on the proposal of Councillor B. Weld, seconded by Councillor Fitzpatrick, with 17 members voting in favour, that the Derrinturn Local Area Plan 2008 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 10th November 2008.  The Derrinturn Local Area Plan will legally come into effect on 19th November 2008.

The members thanked the Forward Planning team for their work on the plan.

 

This concluded the business of the Special Meeting.