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Minutes of the Special Meeting of Kildare County Council held on Monday 14th January 2008 at 11am in the Council Chamber,
Áras Chill Dara, Naas.


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

Apologies: Councillors P. McNamara & M. Glennon

In attendance: M. Malone, County Manager, J. Lahart Director of Services, P. Gallagher Senior Planner, C. Shinners A/Senior Executive Planner, B. Padden A/Exec. Planner,  M. Foley, Meetings Secretary and other officials.


Vote of Sympathy

Cllr. O’Loughlin proposed a vote of sympathy to the family of the late Tara Lane, aged 17 and a Kildare delegate to Dáil na nÓg who had recently passed away.  She paid tribute to Tara who had fought a long battle with cancer.  The Deputy Mayor concurred with the vote of sympathy and the County Manager expressed his condolences on behalf of the staff.

Adjournment

Cllr. O’Callaghan asked for an adjournment for 15 minutes to allow the Naas Area Committee some additional time to consider the Manager’s Report on the Draft Kilcullen Local Area Plan.  An adjournment to 11.30am was agreed.

1/0108
To consider the Manager’s Report on the Draft Kilcullen Local Area Plan

The Manager’s Report on submissions received to the Draft Kilcullen LAP had been circulated.

Pat Gallagher addressed each of the submissions and the Manager’s response as follows:

No. 1 Noel Bergin & Sam Cole
The submission supports the zoning of their lands at Castlemartin for housing as outlined in an accompanying map. Reasons include lack of zoned land, demand, good access, and services.
Response:
Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
Recommendation:
No change
Members Response:
Agreed

No. 2 Cllr Paddy McNamara, 499 Clane Road, Sallins
(1) Proposed residential is excessive and not necessary
(2) New industrial zoning to the northeast is contrary to proper planning, as it will encourage heavy goods traffic through the town.
Response:
(1)The number of residential units provided in the Draft Plan is acceptable as it is in line with the RPGs in relation to Kilcullen's role in the Primary Dynamic Cluster with Naas and Newbridge.
(2) Zoning reflects existing zoning from the previous LAP and current County Development Plan and a recent grant of permission following a Material Contravention procedure.
Recommendation:
(1) No change
(2) No change
Members Response:
Agreed

No. 3 Niall Murphy
The submission proposes the zoning of land at Knockounce just outside the LAP boundary for nursing home purposes.
Response:
Not acceptable as it is to far from the LAP boundary and there are sufficient objectives in the Kildare County Development Plan 2005-2011 that relate to developments of this nature. The motorway will also be maintained as a logical town boundary.
Recommendation:
No change
Members’ Response:
Agreed

No. 4 Sr. Frances Cullen CP, Provincial Superior, Cross & Passion Convent
A change of zoning is proposed on their lands at the Newbridge Road from ‘Light Industrial and Warehousing’ to ‘New Residential’

Response:
Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
Recommendation:
No change
Members’ Response
Cllr. Hillis proposed the following change: “To alter the zoning map to change the zoning of the land from H Light Industry & Warehousing to A Town Centre, subject to the provision of the land for the road objective and construction of this road prior to the commencement of development.  This land shall be transferred to KCC free of charge.  In the event of this undertaking not being agreed to while out on public display, the zoning to remain as H1”.  (Map Change No. 1)

Seconded by Cllr. Callaghan. Agreed

No. 5 Ray Kelly, Kilcullen Soccer Club,1060 Nicholastown, Kilcullen

(1) Proposes to rezone lands identified as industrial/residential to amenity and recreational uses.
(2) The remaining lands adjacent to lands identified as (E) ‘Community/Institutional and Educational and (F) Open Space/Amenity/ Recreation should be rezoned as open space/ recreational /amenity.
(3) Lands zoned H1 opposite the school on the Newbridge Road should be rezoned to recreational and amenity.
(4) Some of the land zoned agricultural should be rezoned open space/recreational / amenity
Response:
(1) The current zoning reflects existing zoning from the previous LAP and current County Development Plan and a recent grant of permission following a Material Contravention Procedure. Down zoning of land may leave the Council liable to compensation claims.
(2) Not possible as all adjacent lands are zoned for Industry/Residential or Town Centre uses and down zoning may leave the Council liable to compensation claims.
 (3) As above (1)
(4) Agreed
Recommendation:
(1) No change
(2) No change
(3) No change
(4) The land use zoning map shall be altered by rezoning land on the northern bank of the Liffey south east of Riverside Manor housing development for an 80 metre amenity strip measured from the edge of the river. (Map Change No. 2)
Members’ response:
Agreed

No. 6 Alan Downey, 30 Laurel Wood, Kilcullen
Wishes to object to the additional land zoned for residential development.
Response:
The number of residential units provided in the Draft Plan is acceptable as it is in line with the RPGs in relation to Kilcullen’s role in the Primary Dynamic Cluster with Naas and Newbridge.
Recommendation:
No change
Members’ response:
Agreed

No. 7 Paul & Majella Leighton, 21 Lui na Greine, Naas Rd., Kilcullen
 (1) No further development should take place in the town until a traffic management plan is put in place.
(2) No agricultural land should be zoned for residential prior to ensuring adequate schools are financed and constructed to take the additional children.
(3) It is not in the best interests of the Kilcullen residents to zone for additional housing when basic infrastructure like footpaths to the village has not been provided.
(4) The zoning of additional land for light industry will cause additional light pollution what are the measures to minimise this effect.
Response:
(1) Noted. The Council is committed to carrying out a Traffic Management Plan for Kilcullen during the lifetime of the plan.
(2) The function of the LAP is to facilitate development through appropriate land use zoning. Financing of schools is the responsibility of the Department of Education. There is sufficient land zoned for educational purposes in the Draft Plan.
(3) There are adequate objectives in the LAP to provide for the construction of footpaths, lighting etc and this work shall be carried out in tandem with any new development proposals.
(4) Each planning application is assessed on its own merits and conditions are attached where appropriate to mitigate against light pollution.
Recommendation:
(1) The following objective shall be included in section 3.6 Transportation, Roads & Streets. OT 11 “To prepare a Traffic Management Plan for Kilcullen during the lifetime of the Plan.”
(2) No change
(3) No change
(4) No change
Members’ Response:
Agreed.

Cllr. Nolan asked when the traffic management plan and ducting would be completed and it was agreed, subject to funds being available, that they would be completed within 3 years.

No. 8 Lisa  Maher, 23 Lui na Greine, Kilcullen
Wishes to oppose the further rezoning and development of lands for industry and commercial uses on the Naas Road.
Response:
Zoning reflects existing zoning from the previous LAP and current Kildare County Development Plan 2005-2011 and a recent grant of permission following a Material Contravention procedure.
Recommendation:
No change
Members’ Response:
Agreed

No. 9 Greentree Developments
Proposes the zoning of their land to D2-Medium Density Residential or general business/ Town Centre from H1 Light Industry & Warehousing.1.93 Ha
Response:
Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
Recommendation:
No change
Members’ Response
Agreed

No. 10 Lisa Maher, 23 Lui na Greine, Kilcullen
The submission wishes to oppose further residential zoning and residential building in Kilcullen.
Response:
The number of residential units provided in the Draft Plan is acceptable as it is in line with the RPGs in relation to Kilcullen’s role in the Primary Dynamic Cluster with Naas and Newbridge.
Recommendation:
No change
Members’ Response:
Agreed

No. 11 Ray Nolan, Brownstown, Kilcullen
The applicant proposes to:
(1) Change existing land zoned ‘agriculture’ in the draft LAP and the County Development Plan 2005-2011 to medium density residential. (13.8Ha, 34.1 acres)
(2) Change existing ‘Industrial and Warehousing’ zoning as per the Kildare County Development Plan 2005-2011 to medium density residential. (2.41 Ha, 5.96 acres)
(3) Change lands zoned low density residential in the draft plan to medium density residential. (5.34 Ha, 13.2 acres)
(4) Zone lands (2.75 Ha, 6.79 acres) for Commercial/Industrial use and donate it to the Council.
(5) Zone lands (.81Ha, 1.99 acres) for Commercial/Retail use along the Naas road. This is proposed for a service station.
(6) Zone lands Commercial/ Industrial including access roads. (19.54Ha, 48.28 acres).
(7) Alter the line of the proposed relief road objective. The applicant is willing to construct the realigned relief road from the Naas road to the Logstown Road subject to part VIII approval or planning permission. The applicant is willing to transfer the land to KCC immediately on the LAP being approved.
(8) Call the Industrial/Commercial zoned lands “The Kilcullen Business Centre” and it is the intention of the applicant to construct the site development works subject to planning permission.
Response:
(1) Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
(2) As above and also this zoning was provided in the Kildare County Development Plan 2005-2011 and cannot be altered in the LAP process.
(3) As in response (1)
(4) The amount of land proposed is excessive. 11. 8 Ha (29.1 acres) of land provided for industry is still available for development. Based on the foregoing it is considered that there is sufficient land zoned for light industry and warehousing in the Draft Plan. Commercial development is not appropriate at this location as it is to far from the Town Centre and not contiguous to any commercially zoned lands.
(5) Development of this nature is not acceptable at this location as there is enough land zoned for commercial uses in the Town Centre and is outside the designated town boundary.
(6) As in (4) above
(7) The offer to construct a section of the proposed by pass is welcome but its provision is dependent on the additional zoning which is not deemed acceptable. When the road is to be constructed Kildare County Council will finalise the alignment of the road.
(8) Noted
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
(5) No change
(6) No change
(7) No change
(8) No change
Members’ Response:
Agreed

No. 12 Mr & Mrs John Cole, Sunnyhill, Kilcullen
The submission is opposed to the zoning of  ‘Light Industry and warehousing’ land opposite the school on the Newbridge road. It would exacerbate the traffic problems. The part of the bypass from the Newbridge Road to the Athy Road is still unfinished.
Response:
This land was zoned ‘Light Industry and Warehousing’ in the Kilcullen Local Area Plan 2001. Down zoning may leave the Council liable to compensation claims.
Recommendation:
No change.
Members’ Response
Agreed

No. 13 Niall McDonnell, Melon Hill, Kilcullen
(1) The submission suggests that it is essential to zone this amount of land for residential development. If the boundary for the next plan was indicated it would be helpful in relation to planning school locations and recreational areas.
(2) The proposed increase in population is a good thing.
(3) Additional Industrial land is welcomed and the plan should provide land for retail purposes, e.g. Car Showroom, Garden centre, Builders Providers and Plant Hire Services.
(4) The Liffey is essential.
(5) The relief roads are important; the east relief road may be moved north to link with Brownstown Crossroads. The Council should commit more strongly to providing one of these roads.
(6) If the traffic lights were altered it may improve traffic flow at Hide Out cross.
(7) Complete relief road from Athy road to the Newbridge road.
(8) Litter collection service needed.
(9) Communications infrastructure to be provided when footpaths are being renewed or laid.
(10) Enforce developer to finish Hillside Estate.
(11) Replace footpath outside Castlemartin and extend it up Sunnyhill road.
(12) Parking should not be permitted at areas on Main Street where there are traffic hazards. E.g. Berney’s Saddlers etc.
(13) The applicant proposes a new motorway link at Rosetown to serve Kilcullen and Newbridge, as it would reduce truck movements in the area.
(14) The applicant proposes that appropriate areas in the town centre be developed so that it is conducive to modern shopping.
Response:
(1) New school locations will be identified when the need arises, currently there is sufficient land zoned Community/ Institutional and Educational to serve the needs of the town
(2) Noted
(3) There is sufficient land zoned Town Centre in the Draft Plan to accommodate such uses.
(4) Noted
(5) The proposed relief roads are an objective of the Draft Plan brought forward from the Kilcullen Local Area Plan 2001.The delivery of the relief roads is dependent on a number of factors including the completion of a traffic management plan, development of zoned land and funding. The roads objectives are indicative only and the exact alignment of the road will be finalised when the road is to be built.
(6) Junction operations will be assessed as part of the proposed Traffic Management Plan.
(7) It is an objective of the Draft plan to seek the construction of this section of road
(8) Noted
(9) The Council will endeavour to inform the utility providers when work is being carried out so that appropriate infrastructure can be provided in conjunction with the works proposed. Any works carried out by these authorities requiring the digging up of the footpath will require said provider to restore the path in full.
(10) The Development has not been taken in charge yet and the Planning Enforcement Section has been made aware of this submission and is investigating it.
(11) Objective OPC 1 of the Draft Plan endeavours to provide infrastructure that will enable pedestrian and cycling activities.
(12) This issue will be addressed as part of the Traffic Management Plan and the Council is committed to carrying out such Plan for Kilcullen during the lifetime of the plan.
(13) This is outside the remit of the LAP as it is well outside the LAP boundary.
(14) Section 3.8 of the Draft Plan promotes the revitalisation of the Town Centre through a series of policies and objectives listed in this section in order to achieve this. It is also recommended to provide additional Town Centre Zoning as a result of submissions No 16, 18 and 28
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
(5) No change
(6) The following objective shall be included in section 3.6 Transportation, Roads & Streets. OT 11 “To prepare a Traffic Management Plan for Kilcullen during the lifetime of the Plan.”
(7) No change
(8) No change
(9) The following objective shall be included in section 3.6 Transportation, Roads & Streets OT 12 “To require all utility providers that carry out works on footpaths to finish the entire path. It should be finished to an acceptable standard and agreed with the area engineer” 
(10) No change
(11) No change
(12) See 6 above
(13) No change
(14) No change
Members’ Response:
Agreed


No. 14 Anthony Gahan, Kilcullenbridge House, Kilcullen

(1) Objects to the route of the proposed relief road OT 8(1) from the Naas road to the Kinneagh road. The route goes straight through our house, gardens and arboretum.
(2) Proposes that a tree on their property be included in OTH 6
Response:
(1) The proposed relief roads are an objective of the Draft Plan brought forward from the Kilcullen Local Area Plan 2001. The road lines are indicative only and the exact route of the road will be finalised when the road is to be constructed. There will also be a public consultation process prior to deciding the actual alignment.
(2) The tree shall be included in OTH 6.
Recommendation:
(1) No change
(2) The following text is to be included as part of objective OTH 6 “ r) At Kilcullenbridge House.”
Members’ Response
Agreed


No. 15 Anthony Murray
Wishes to apply to have his lands rezoned form ‘Light Industry and Warehousing’ to commercial/retail and Housing. He believes that a precedent has already been set by the grant of planning permission (06/377) retail and apartments adjacent to his lands.
Response:
The zoning provision reflects the established use and no change is proposed.
Recommendation
No change
Members Response:
Cllr. Hillis proposed the following change: “To provide for a new Neighbourhood Centre & associated facilities.  This zoning provides for the development of a new neighbourhood centre to serve the needs of the nearby residential areas.  Neighbourhood centres are intended to serve the immediate needs of the local working and residential population and compliment, rather than compete with the established town centre.  Medical clinics and professional offices, workshops, crèche, small convenience stores or cafés are all e envisaged in this zone.  The petrol station use will be encouraged at this location”. (Map Change No. 3)
The proposal was seconded by Cllr. Callaghan and agreed.

No. 16 Patrick Murray, Hillside House, Kilcullen
States that part of his property is zoned ‘Town Centre’ part ‘Existing Residential’ and he wishes to have it all zoned Town Centre from the laneway adjoining IP 2 to the laneway north of IP 28. This would provide an opportunity for other landowners to seek a comprehensive development.
Response:
Agreed.
Recommendation:
The land use zoning map shall be amended as per submission No 16. (Map Change No. 4)
Members’ Response:
Agreed

No. 17 Castlemartin Estate, Kilcullen
(1) Feels that the Councils conservative approach to the future development strategy of Kilcullen will restrict its potential to develop and expand as part of the primary dynamic cluster.
(2) Feels that 35.5Ha is not is a significant land bank for future housing development and would not deliver a meaningful increase in the residential accommodation for the town.
(3) States that the PA should provide enough zoned land to meet residential needs for nine years as per the ‘Development Plan: Guidelines for Planning Authorities.
(4) States that the settlement strategy has been influenced by the limited capacity of the wastewater system.
(5) Feels that the proposed alignment of the western relief road is unsuitable for the construction of a relief road.
(6) States that a population projection for Kilcullen toward 2016 of 10,000 people would be more appropriate.
(7) The submission provides for 18.8Ha (46.45 acres) for residential purposes at a density of 30 to the hectare. The lands would be rezoned from agriculture to residential use. 
(8) The submission provides for 6.6Ha (16.3 acres) for Light Industry and warehousing. The applicant recommends that these lands be rezoned from ‘agriculture’.
(9) To ensure the provision of the necessary social and physical infrastructure the applicant suggests that the PA adopt a Development Contribution Scheme for Kilcullen. Supplementary Development Contribution Schemes could be used by the PA to facilitate the construction of the relief road or new drainage.
Response:
(1) Sections 2.6 and 2.7 of the Draft Plan provide sufficient direction in relation to residential zoning and the general development of the town to cater for the needs of Kilcullen during the lifetime of the LAP.
(2) The 35.5 Ha of zoned land contained in the draft plan is in line with the RPGs in relation to Kilcullen’s role in the Primary Dynamic Cluster with Naas and Newbridge.
(3)It is considered that the Planning Authority is taking a prudent and balanced approach which is informed by Departmental and Regional guidance in these matters.
(4) The number of residential units provided in the Draft Plan is acceptable as it is in line with the RPGs in relation to Kilcullen’s role in the Primary Dynamic Cluster with Naas and Newbridge. The capacity of the waste water system is an ultimate limiting factor in the Development of Kilcullen.
(5) The proposed relief roads are an objective of the Draft Plan brought forward from the Kilcullen Local Area Plan 2001. The road lines are indicative only and the exact route of the road will be finalised when the road is to be constructed. There will also be a public consultation process prior to deciding the actual alignment.
(6) It is the opinion of the Council that the population planned for in the Draft Plan of approx 5,000 people is more appropriate and is in line with the RPG’s designation as a Moderate Growth Town.  The applicant’s proposal of a population of 10.000 people would be an increase of 7,015 persons to the current population of 2,985 persons and would constitute an unsustainable and unrealistic projection.
(7) Not considered sufficient justification to zone further residential lands as there is sufficient residential zonings provided in the Draft Plan.
(8) 11. 8 Ha (29.1 acres) of land provided for industry is still available for development. Based on the foregoing it is considered that there is sufficient land zoned for light industry and warehousing in the Draft Plan.
(9) The preparation of development contribution schemes is not a function of the local Area Plan making process. The preparation of such a scheme is provided for under Section 48 of the Planning and Development Act 2000. The revised Development Contribution Scheme for the County is currently being drafted and should be in place for the middle of next year.
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
(5) No change
(6) No change
(7) No change
(8) No change
(9) No change
Members’ Response:
Agreed

No. 18 Brendan O’Connell, Main St., Kilcullen
Proposes to rezone lands in his ownership from ‘Existing Residential, to ‘Town Centre’
Response:
Agreed
Recommendation:
The land use zoning map 200/07/202 shall be amended as per submission No 18.
The text contained in Appendix 1 shall be included in section 3.8 Town Centre / Retail Development of the Draft Plan.  (Map Change No. 5)
Members’ Response:
Agreed.

No. 19 Liam Keogh, New Abbey Road, Kilcullen
(1) Proposes no more housing until the school is extended and traffic problems are relieved with a bypass.
(2) The industrial estates should be situated at the motorway side of the town so that traffic does not have to pass through the town or have a motorway link to the north of the town.
(3) Proposes that the lands across form the school should not be zoned for industry, as it would be a traffic hazard.
(4) Proposes that lorries passing through the town to the dump should be banned.
Response:
(1) The function of the LAP is to facilitate development through appropriate land use zoning. Provision of schools is the responsibility of the Department of Education. The Planning Authority is committed to regular meetings with the Department of Education officials to facilitate their role with this regard. There is sufficient land zoned for educational purposes in the Draft Plan. The Council is committed to providing a by pass with objective OT 8
 (2) Zoning of lands to the north of the town for industry reflects existing zoning from the previous LAP and the current County Development Plan and a recent grant of permission following a Material Contravention procedure.
(3) This land was zoned ‘Light Industry and Warehousing’ in the Kilcullen Local Area Plan 2001. Down zoning of Land may leave the Council liable to compensation claims.
(4) Subject to the provision of new roads within the Kilcullen area, this issue can then be investigated
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
Members’ Response:
Agreed

No. 20 Simon Wallace, Senior Executive Parks Superintendent, Kildare County Council
 (1) Proposes that in relation to PTH 2: Tree surveys should be carried out by a suitably qualified arborist and that a tree survey should recommend a management programme for the trees proposed for retention on site. This should be carried out by the developer prior to the development being completed or taken in charge by the council. In addition all planning applications should include details of how trees to be retained on site are to be protected while the construction works are ongoing. The protection methods used should comply with BS5837: 2005 ‘Trees in relation to construction – Recommendations’
(2) In relation to the protection of hedgerows on site an objective should be included that developers will be required to submit a programme of works for the management and restoration if necessary of any hedgerows being retained on site.
(3) The applicant proposes that the trees listed in OTH 6 should be illustrated on the zoning map with a tree symbol and titled trees of important amenity value.
(4) The applicant proposes that clear reference should be made to the Liffey Valley Strategy in the Local Area Plan.
(5) The applicant proposes to drop the 80-metre buffer zone from PCL 1 as he feels that it is to prescriptive and there may be cases where a smaller or larger buffer zone may be appropriate.
(6) In section 4.4 and 4.15 reference should be made that a qualified Landscape Architect must prepare any landscape plans submitted as part of a planning application.
(7) Proposes that a sizeable area should be zoned for a town park (incorporating playing fields and a children’s playground), This area would preferably be a node along the Liffey.
Response:
(1) Agreed
(2) There relevant policies in relation to hedgerow protection in the Kildare County Development Plan 2005.
(3) Agreed
(4) Agreed
(5) It is the opinion of the Council that the concept of the 80-metre buffer zone is well established in the County and other Local Area Plans and should be retained.
(6) Landscaping plans are assessed on their own merits.
(7) Agreed
Recommendation:
(1) Policy PTH 2 of section 3.10.2 Natural Heritage, Tree and Hedgerow Protection shall be reworded as contained in appendix 2
(2) As above
(3) The zoning map will be altered to provide the ‘Tree Preservation Objective’ in compliance with the locations listed in OTH 6.
(4) The following policy shall be included as part of section 3.12 The River Liffey “PCL 4 Any development along the Liffey Valley will be required to take cognisance of the Liffey Valley Strategy ‘Towards a Liffey Valley Park’ and in particular to the vision and objectives set out within the strategy. All planning applications should clearly set out how they will comply with the objectives set out in the strategy.”
(5) The following text shall be included at the end of policy statement PCL 1 section 3.12 The River Liffey “Where Possible”
(6) No change
(7) The land use-zoning map shall be altered by rezoning land on the northern bank of the Liffey south east of Riverside Manor housing development for an 80-metre amenity strip from the river bank.
Members Response:
Cllr. Callaghan proposed the following change: “to include a new Objective in Section 3.7 Amenity & Recreation OAR11 To facilitate the development of a new public park in Kilcullen along the river Liffey
Seconded by Cllr. Hillis.  Agreed

No. 21 Darren Keogh, New Abbey Road, Kilcullen
(1) Proposes that another road link across the Liffey should be the highest priority in the plan.
(2) The zoning of H1 across from the school needs to be reviewed because the volume of traffic is at its maximum due to school traffic.
Response:
(1) Objective OT 8 of the draft plan supports a second crossing of the Liffey and the Council is committed to this subject to sufficient funds being available.
(2) This land was zoned ‘Light Industry and Warehousing’ in the Kilcullen Local Area Plan 2001. Down zoning of Land may leave the Council liable to compensation claims.
Recommendation:
(1) No change
(2) No change
Members’ Response:
Agreed

No. 22 In Pursuit of Leisure Ltd.
Proposes to have land at Kilcullenbridge rezoned from Agriculture to Residential (2.02 Ha, 5 acres)
Response:
Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
Recommendation:
No change
Members’ Response:
Agreed

No. 23 John Harden, Castlemartin, Kilcullen
The applicant is proposing to zone 2 parcels of his land beside the M9 motorway. The lands in question are outside the LAP boundary.
(1) One site for light Industry
(2) and the other for Housing.
Response:
(1) 11. 8 Ha (29.1 acres) of land provided for industry is still available for development. Based on the foregoing it is considered that there is sufficient land zoned for light industry and warehousing in the Draft Plan. Furthermore this site is located well outside the LAP boundary and is not considered suitable for development.
 (2) Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan, also residential development would not be suitable at this location outside the LAP boundary.
Recommendation:
(1) No change
(2) No change
Members’ Response:
Agreed

No 24 Brendan Duffy, Sunnyhill, Kilcullen
(1) States that there is no inclusion of care facilities for the elderly in the draft Local Area Plan.
(2) Wishes to zone lands at Sunnyhill Kilcullen beside the M9 for care facilities for the elderly, including some nursing, home help and care facilities.
Response:
(1) Agreed, a new objective is proposed to be added to section 3.3 Community, Educational and Childcare facilities.
(2) It is the opinion of the Council that the lands proposed are unsuitable for this use due to its close proximity to the Motorway and would be subjected to unacceptable levels of noise and is outside the LAP boundary.
Recommendation:
(1) The following text shall be included as objective OC 9 in section 3.3 Community, Educational and Cultural Facilities “To facilitate the provision of health and social facilities, nursing homes and sheltered housing in accordance with the zoning matrix contained within this plan”
(2) No change
Members’ response:
Agreed

No. 25 Tesco Ireland Ltd.
(1) Proposes that additional provision for population growth is needed.
(2) They state that there is limited convenience and comparison floor space in Kilcullen and this demand needs to be catered for.  The provision of an improved retail offer is closely linked to the facilitation of additional residential and social development.
(3) They submits that the scale, location and configuration of the Town Centre zoned lands may reduce the potential for mixed use commercial developments or indeed stand alone retail developments therefore the town centre should be expanded.
Response:
(1) Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
(2) There is a sufficient amount of Town Centre lands zoned in the Draft Local Area Plan which will allow for future expansion.
(3) It is the recommendation of the Council in relation to submissions number 16, 18 and 28 to extend the Town Centre.
Recommendation:
(1) No change 
(2) No change
(3) No change
Members’ Response:
Agreed

No. 26 James Nolan, River Lodge, Kilcullen
It would appear that a mapping error has occurred. The agricultural buildings were marked blue indicating a protected structure, in appendix 2 of the draft plan the sheds were not listed and instead reference was made to the old school house on the Dunlavin road which is adjacent to the Agricultural sheds.
Response:
Agreed. The observation is correct. The IP has been mapped incorrectly. The old school house is actually in the adjacent site beside the church.
Recommendation:
The zoning map will be altered so that this is no longer a protected structure. (See Managers Recommendation in relation to submission No 28 as it also refers to this site.) (Map Change No. 7)
Members’ Response:
Agreed

No. 27 James Nolan, River Lodge, Kilcullen
It is noted that lands in his ownership have been zoned D2 Residential development and it is welcomed. The applicant proposes to zone an additional parcel of land (1.5 acres, .6 Ha) adjacent to the above-mentioned lands for residential development also.
Response:
Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
Recommendation:
No change
Members’ response:
Agreed

No. 28 James Nolan, River Lodge, Kilcullen
The applicant proposes to rezone a section of his lands from D2 New Residential – Medium Density to A Town Centre
Response:
Agreed
Recommendation:
The land use zoning map 200/07/202 shall be amended as per submission No 28. (Map Change No. 8)
Members’ response:
Agreed

No. 29 Andy & Ann Nolan, Andrew Nolan Jnr. River Lodge, Kilcullen
(1) Proposes to rezone lands currently zoned for Agriculture to D2 New Residential- Medium Density on the northern side of a realigned proposed ring road. (12.94 Ha, 31.9 acres)
(2) Proposes to zone the lands on the southern side of the realigned proposed ring road for Industrial/Warehousing (24.56Ha, 60.6 acres)
(3) It is noted in their submission that their lands cannot feed into the existing wastewater system by gravity and they propose to build a pumping station to do this.
(4) It is stated that a large manufacturer wishing to locate in Kilcullen has approached them.
Response:
(1) Not considered sufficient justification to zone further residential lands as there are sufficient residential units provided in the Draft Plan.
(2) 11. 8 Ha (29.1 acres) of land provided for industry is still available for development. Based on the foregoing it is considered that there is sufficient land zoned for light industry and warehousing in the Draft Plan. In relation to realignment of the relief road current proposals are indicative only, Kildare County Council will finalise the alignment of the road at the appropriate time.
(3) Noted
(4) 11. 8 Ha (29.1 acres) of land provided for industry is still available for development. Based on the foregoing it is considered that there is sufficient land zoned for light industry and warehousing in the Draft Plan.
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
Members’ Response:
Cllr. Hillis proposed the following change: “To provide for an additional 5.1ha (12.6acres) of H (Industry & Warehousing) zoned land to the south of Kilcullen and adjust the town boundary accordingly.  In addition these lands shall be the subject of a specific roads objective to improve the road alignment along the southern boundary of this site.”  Seconded by Cllr. Power.
Agreed (Map Change No. 9)

No. 30 Ms. Sylvia Walters McDonnell, 38 Main St., Kilcullen
It is stated that her site has been listed for protection in error as in previous town plans. The cottages on the Naas road refer to Hillside Cottages
Response:
The designation of the stone cottages as protected structures appear to be correct as there is a stone cottage to the south of the property listed in the submission. The property the applicant refers to no longer has a stone cottage on it. There is what appears to be a shed on the property.
Recommendation:
The zoning map will be altered so that this is no longer a protected structure. (Map change No. 10)
Members’ response:
Agreed

No. 31 Kilcullen Playground Committee, Ms. Orla O’Neill, Lorga Daibhi, Sunnyhill, Kilcullen
(1) It is stated that the word ‘additional’ in OAR 9 is misleading as there are no playground facilities in the town
(2) It is stated in the submission that any new developments will have to allow for play opportunities within their particular area.
(3) It is requested that the Local Area Plan specifically mention the need to support the development of appropriate sites for playgrounds. Accessibility by all children should all so be incorporated.
(4) It is also requested that the LAP mention a proposed playground site close to the Community Centre.
(5) The applicant does not support the H1 Light Industrial and Warehousing opposite the school.
(6) The new residential zoning (D2, D3) to the north of the town is not supported by any Community/ Institutional or educational zoning E.
(7) In relation to amenity requirements the Council should consider amenities for other age groups and interests
(8) The submission questions the reasoning behind the H1 zoning to the north of the town, as vehicles would have to travel through the town endangering small children.
Response:
(1) Noted. It is an objective of the Council to provide such facilities and the Council will endeavour to do so.
(2) OH 8 and PH 20 endeavour to provide such facilities as part of housing developments.
(3) It is the opinion of the Council that OAR 9 of the Draft plan provides for this.
(4) The Council endeavours to provide for such facilities with the objective OAR 9. To identify a particular site would be over prescriptive. The objective in the Draft Plan allows for greater flexibility in the provision of playground facilities.
(5) This land was zoned ‘Light Industry and Warehousing’ in the Kilcullen Local Area Plan 2001. Down zoning may leave the Council liable to compensation claims.
(6) Sufficient lands have been identified and zoned for the facilitation of school expansion. It is the function of the Department of Education to actually provide school places. The Council is fully committed to facilitating the Department of Education in providing their statutory functions.
(7) It is an objective of the LAP to cater for all age groups in relation to amenity facilities. Section 3.7 specifically refers to amenity and recreation.
(8) Zoning of lands to the north of the town for industry reflects existing zoning from the previous LAP and a recent grant of planning permission following a Material Contravention procedure
Recommendation:
(1) The objective OAR 9 shall be altered to omit the word “additional”
(2) No change
(3) No change
(4) No change
(5) No change
(6) No change
(7) No change
(8) No change
Members’ Response:
Cllr. Callaghan proposed the following change: “to provide for the provision of a playground in the newly designated Town Centre site if it is not already provided from planning application for Riverside Manor”. Seconded by Cllr. Power. 
It was agreed to include the following: “To include a new sub-section Town Centre A (1) in Table 4.2 to read A Master plan for the town centre zoning at this location shall be prepared and agreed by the Planning Authority prior to the submission of any application on this site.  This Master plan shall have due regard to all of the provisions of Land use Zoning Objective A (as above).  In addition an adequately sized children’s playground shall be provided as part of the Master plan unless the playground has already been provided as part of the extension of Riverside Manor housing development.  It is essential that the location of the playground facility is such that it shall function as a facility to be used by the community of Kilcullen as a whole and not just for the residents of A(1).
Also to include a new sub-section Existing Residential B(1) in Table 4.2 to read: In addition to the provisions of the Land Use Zoning Objective (B) as above, any future development schemes at this location shall include the provision of an adequately sized playground facility unless such a playground facility has already been provided on lands zoned A1.  It is essential that the location of the playground facility is such that it shall function as a facility to be used by the community of Kilcullen as a whole and not just for the residents of A(1)
The proposal was agreed,

No. 32 Kayfoam Woolfson, Kilcullenbridge, Naas Road, Kilcullen
(1) It is proposed that the zoning of Industrial use (H1 Light Industry and Warehousing) of their site be changed to General Development.
(2) It is stated that they are considering the relocation of its operations to a green field site within the town boundary.
Response:
(1) This is not justified as there is sufficient land zoned for commercial and residential uses in the Draft plan. There are also a number of options available to the landowner under table 4.4 Land Use Zoning Matrix of the Draft Local Area Plan.
(2) Noted
Recommendation:
(1) No change
(2) No change
Members Response:
Agreed

No. 33 Noel Clare, Kilcullen Community Action, New Abbey, Kilcullen
(1) The applicant states that the zoning of lands for industry H1 across from the school is inappropriate, it would make more sense if this are was zoned town centre or residential.
(2) The applicant proposes that the lands zoned B ‘Existing Residential’ should be rezoned for Community/ Amenity.
(3) The applicant proposes that residential zoning should be dependent on infrastructure i.e. schools, roads, car parking.
(4) It is noted that industrial zoning is important for employment provision; the most obvious place for this zoning is near the motorway.
(5) The submission strongly supports the provision of an 80-metre buffer zone along the Liffey (PCL 1) and it should not be reduced.
(6) The submission strongly supports objective OT 7, which seeks to facilitate a permanent street sweeping regime in the town.
(7) Management of traffic very important in the town. The Council should consider a ban on trucks of a certain size passing through the town. A traffic management plan is needed in the town and should be part of the LAP.
(8) The land west of Avondale Drive is zoned B Existing Residential it is a significant biodiversity which OBD 1 seeks to protect.
Response:
(1) Not considered sufficient justification to zone further residential or Town Centre lands as there are sufficient residential units provided in the Draft Plan and sufficient lands zoned for Town Centre in the Draft Plan and proposed as a recommendation on submissions 16, 28 and 28.
(2) Not appropriate as down zoning of land may leave the Council liable to compensation claims.
(3) Objective OH 8 and policy PH 20 of the Draft Plan require developments to address such issues.
(4) Noted, There is land provided for Light Industry and Warehousing close to the Motorway. The land provided for these uses on the Naas road reflect what was in the existing plan, a recent grant of planning permission following a Material Contravention procedure and a zoning provided by the County Development Plan 2005-2011.
(5) Noted, agreed
(6) Noted
(7) The Council is committed to carrying out a Traffic Management Plan for Kilcullen during the lifetime of the plan. A ban of HGVs is subject to the provision of new roads within the Kilcullen area; this issue can then be considered.
(8) Noted. There are also policies in the Kildare County Development Plan 2005-2011 in relation to the protection of locally important bio diversities.
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
(5) No change
(6) No change
(7) The following objective shall be included in section 3.6 Transportation, Roads & Streets. OT 11 “To prepare a Traffic Management Plan for Kilcullen during the lifetime of the Plan.”
(8) No change
Members Response:
Cllr. Callaghan proposed the following change: to include the following objective in section 3.10 Heritage; 3.10.2 Natural Heritage – Integrating Bio-Diversity into Council activities OBD 4 To protect and conserve the locally important bio-diversity site located on land zoned B Existing Residential west of Avondale Drive.  Due regard shall be had to the importance of this site in the determination of any future planning applications at this location.
Seconded by Cllr. Hillis.  Agreed.

No. 34 Dalton O’Donnell, 25 North Main St., Naas
(1) The applicant proposes that no additional lands be rezoned to ‘Town Centre’ and objective OR 1 be omitted from the Local Area Plan.
(2) The applicant proposes that the relocation of the Mart operations as proposed be positively considered to unlock the potential of the existing Mart site for the consolidation and expansion of Kilcullen Town Centre.
(3) The applicant proposes that the Mart move to a site approx 1km from Kilcullen on a new spur road associated with the new approved N9/N78 junction, which will be completed by 2009.
Response:
(1) OR 1 is an important objective facilitating the appropriate development of Kilcullen and should be retained. Given the strategic location of the sites identified in submissions No 16, 18 and 28 it is considered reasonable to recommend the expansion of the Town Centre accordingly.
(2) The existing mart site is zoned Town Centre and the Council would be favourably disposed towards development that would consolidate and strengthen Kilcullen Town Centre.
(3) The proposed new mart site is outside the LAP boundary on lands zoned agriculture in the Kildare County Development Plan 2005-2011 and may require a material contravention of the plan.
Recommendation:
(1) No change
(2) No change
Members Response:
Agreed

No. 35: A. Delaney, 66 Hillcrest, Kilcullen
(1) The applicant would like to see the road connecting the Athy road with the Newbridge road completed.
(2) The applicant does not think that the lands at Castlemartin opposite the school should be zoned H1 Light Industry and Warehousing. The land should be rezoned as Community/ Institutional and Educational.
(3) The applicant suggests that the town centre zonings are very disparate, the town centre zoning at Hillcrest is separate, divorced and far from the town centre.
(4) The applicant states that a road objective runs right through the green area in Hillcrest estate.
Response:
(1) It is an objective of the Council to seek the construction of this road (OT 8)
(2) This land was zoned ‘Light Industry and Warehousing’ in the Kilcullen Local Area Plan 2001 Down zoning is not appropriate as it may leave the Council liable to compensation claims.
 (3) This land was zoned ‘Town Centre’ in the Kilcullen Local Area Plan 2001. Down zoning is not appropriate as it may leave the Council liable to compensation claims. Additionally the Council is not in agreement, Hillcrest is located on Town Centre zoned lands, which are centrally located in Kilcullen.
 (4) The roads objectives are indicative only and the alignment of the road will be finalised at the appropriate time.
Recommendation:
(1) No change
(2) No change
(3) No change
(4) No change
Members’ response:
Agreed

No. 36 Caroline O’Loughlin, Spatial Policy Section, DOEH&LG
The applicant proposes that in the interest of transparency and Clarity that the Planning Authority should provide more detail on the population projections for the town, i.e. the basis on which they have been calculated and how they relate to the overall County Population Projections.
Response:
The housing unit’s allocation for Kilcullen is consistent with the Regional Planning Guidelines housing allocations. Kilcullen’s share of the allocation has been determined by its relatively recent growth in housing units reflected in the population trends during the last number of census periods. The housing unit’s allocation also reflects Kilcullen’s strategic role as a part of the Primary Dynamic Cluster with Naas and Newbridge.   
Recommendation:
No change
Members’ Response:
AGREED

This concluded the discussion on the Manager’s Report.  Cllr. Callaghan thanked the officials for their help and support during the process so far.

Resolved on the proposal of Councillor Callaghan, seconded by Councillor Hillis,  that the Draft Kilcullen 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 14 January 2008.  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.

 

2/0108
Kildare County Development Plan 2005-2011 – 2-Year Progress Report

Chapter 3 – Physical Infrastructure Strategy

Joe Boland, Director of Services, reported that considerable progress had been made on the following roads projects:

· Naas Road Widening and Interchanges Scheme
· Monasterevin By – Pass
· M4 Kilcock to Kinnegad
· Naas Ring Road Schemes- Millennium Link Road
· Kill Interchange to Maynooth via Straffan (Ryder Cup Schemes)
· Enfield to Edenderry Road (2 phases)
· Turf Bog Lane Scheme, Kill
· Newbridge Link Road- Kilbelin to Green Road
· Rickardstown Road including upgrade of Sexes Bridge
· Newbridge Inner Relief Road- Including upgrade of St. Conleth’s Bridge
· Leixlip Bridge
· Kildare Bridge, Maynooth
· Bond Bridge and Meadowbrook Link
· Straffan Village Improvement
· Celbridge Cycle Track

He said the following projects were on-going:
· R402 Enfield to Edenderry
· Naas Ring Road – Blessington Road to Dublin Road
· Kilcock to Sallins – 3 schemes
· R417 Ardreigh, Athy
· R747 Ballycore Bridge Ballitore
· Newbridge Inner & Outer Relief
· Maynooth Ring Roads – Celbridge Rd. to Dublin Rd.
· Northern Route Athy
· Southern Route Athy
· N9/N10 Carlow By-Pass
· Millennium Interchange
· Newlands Cross Interchange
· 
In response to questions from the members, Joe Boland added the following:

· Construction was due to start in February on the Dept. of Defence HQ in Newbridge.  Planning permission had been granted for the Park and Ride and work had started on the playing pitches
· The Athy southern relief route had been prioritised and a meeting had been arranged with Iarnród Éireann for the following day to discuss three outstanding issues
· There were no apparent problems with the northern relief route and it should be agreed within a number of months
· The Park & Ride facility in Kildare town was due to be discussed with Iarnród Éireann the following day also
· There were still issues with the Clane Inner Relief Road (Capdoo) and the cost of land acquisition
· Regarding the Sallins By-Pass, there was a commitment to bring it to design stage as soon as possible.  The area committee would be consulted shortly regarding the preferred route and then either a Part VIII or EIS process would commence

On progress with Water Services issues, Joe Boland reported the following:

· Over past 5 years water demand in Kildare has increased by over 50% from 50K to 80K cubic metres per day (17.6 gallons)
· 94% of our daily demand comes from neighbouring authorities
· Planned delivery of increased supply from Ballymore Eustace, Leixlip, the Barrow and well fields will address current deficiencies & projected medium term demand.  Long-term growth is dependent on the delivery of a major new regional source
· Kildare operates its wastewater service mainly from Leixlip and Osberstown both of which have a design capacity of 80K pe.  There is some spare capacity at Leixlip but Osberstown is at capacity.
· By 2012 Osberstown will increase to 130Kpe and Leixlip to 150Kpe
· Even with the upgrade, at current rates of development, all available capacity will be taken up in Osberstown in the short to medium term.  Future growth in this area is dependent on a regional solution to wastewater treatment.
· In the short term all planning applications will be considered on a case by case basis with priority being given to those providing employment or significant community gain
· In the medium term a possible transfer of part of the catchment to Leixlip is proposed
· Provision of new infrastructure is funding dependent and ultimately continued growth & development of the county relies on the delivery of regional solutions to the water & wastewater treatment issues.

Adjournment

It was agreed to adjourn continuation of the Review until the February meeting which it was agreed would start at 10.30am.