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KILDARE COUNTY COUNCIL 

Minutes of Monthly Meeting

held at 2.00 p.m. on Monday, 26 January 2009 at

Áras Chill Dara, Devoy Park, Naas, Co Kildare

 

Members Present: Councillor S Griffin (Mayor); Councillors P Black, F Browne, K Byrne,

W Callaghan, M Dalton, L Doyle, S Doyle, F Dukes, M Glennon,

R Hendy, G W Hillis, P Kelly, T McEvoy, J McGinley, P MacNamara,

M Miley, C Murphy, M Nolan, F O’Loughlin, J J Power, K Ridge and

B Weld.

 

Apologies:               Councillors G Conway and D Fitzpatrick

 

Also Present:           Mr M Malone, County Manager, Messrs J Boland, J Lahart, P Minnock,

E O’Sullivan, D Page and T Skehan (Directors of Services),

T Hunter McGowan (Head of Finance), C Talbot (Meetings Administrator) and other officials.

 

_________________________

 

1/0109

Confirmation of Minutes

 

The council considered the minutes of the monthly meeting held on 22 December 2008, together with the progress report.

 

Resolved on the proposal of Councillor Nolan, seconded by Councillor Hendy, that the minutes of the monthly meeting held on 24 November 2008 be confirmed and taken as read.

 

The council considered the minutes of the budget meeting held on 10 December 2008.

 

Resolved on the proposal of Councillor Nolan, seconded by Councillor Hillis, that the minutes of the budget meeting held on 10 December 2008 be confirmed and taken as read.

 

 

2/0109

Committee Minutes

 

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

 

Clane Area – 9 December 2008

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

 

Celbridge Area – 10 October 2008 and 12 December 2008

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

 

Leixlip Area – 21 November 2008

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

 

Naas Area – 18 November 2008

Resolved on the proposal of Councillor Hillis, seconded by Councillor Dukes, that the minutes be noted.

 

 

3/0109

Disposal of land

 

0.0038 hectares adjacent to 908 Highfield Park, Kilcock

The council considered statutory notice dated 7 January 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 0.00038 hectares adjacent to 908 Highfield Park, Kilcock, Co Kildare to Elizabeth O’Sullivan, in consideration of payment of €10.00 and subject to all legal fees being borne by Ms O’Sullivan.

 

Resolved on the proposal of Councillor Weld, seconded by Councillor S Doyle, 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.

 

27 Allen Manor, Kilmeague, Naas

The council considered statutory notice dated 14 January 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 27 Allen Manor, Kilmeague, Naas, Co Kildare to Olufemi Ola Adegbola and Abosede Adegbola  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 Weld, seconded by Councillor S Doyle, 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.

 

4/0109

Capital Budget 2009-2011

 

Mr Hunter McGowan, Head of Finance, presented the proposed Capital Budget 2009-2011 for consideration under Section 135 of the Local Government Act 2001.  He pointed out that the proposed capital programme will see investment across the entire county in every aspect of services over the three years.  Delivery of the projects included in the programme is, however, dependent on the availability of adequate funding from both Government resources and the council’s own resources. 

 

The members considered the report on a programme by programme basis:

 

Programme Group 1 – Housing and Building

Mr Minnock, Director of Services, briefed the members on the content of this programme.  He stated that the Department of the Environment, Heritage and Local Government had confirmed the housing allocation budget for the next three years in the sum of €95m.  The anticipated budget allocation for this period had been €103m.  The budget allocation for 2009 is intact and there will be some reductions in the programme for 2010 and 2011 to take account of the reduction in overall budget.  In considering the capital budget for this programme the members raised a number of issues including:

·        Has the programme been redirected to purchase units as opposed to building new units;

·        Clarification requested as to when the work programme will commence;

·        How will the reduction in funding impact on social units secured under Part V;

·        Clarification requested in relation to the impact of the reduction in funding allocation;

·        Clarification requested as to the timescale for completion of regeneration works in St Patrick’s Park, Rathangan.

 

Mr Minnock addressed the issues raised by the members and stated that provision of social housing would be in the areas where need was greatest, adding that the Department of the Environment, Heritage and Local Government will only sanction provision of units in such areas.  He stated that expenditure under Part V was structured to maximise returns and would include turnkey units.  He stated that it was the ambition of the Housing Department to maintain the programme. 

 

Programme Group 2 – Road Traffic and Transportation

Mr Page, Director of Services, briefed the members on the content of this programme, referring, in particular, to a series of projects incorporated in the report, which it is hoped will proceed during 2009.  He stressed that no confirmation of grant funding had been received from the Department of the Environment, Heritage and Local Government or the National Roads Authority and, therefore, he was not in a position to give any certainty to the projects included in the programme.  The members raised a number of issues in relation to this programme including:

 

·        Position with regard to progressing the Southern Relief Road for Athy.

·        Clarification as to the works proposed under the North Kildare Area Strategic Network Cycle Tracks.

·        Allocation of a budget for the implementation of traffic management plans already agreed.

·        Funding for non-national roads.

·        Changes to public procurement procedures.

·        Incorporation of safe cycle lanes on all new roadways constructed.

·        Funding issues for local projects due to the fact that development levies for roads are not ring-fenced.

Councillor S Doyle stated that it would be useful if the report identified the projects for which a funding source had been secured and were, therefore, definitely proceeding.  She considered that it would also be beneficial if the report indicated a risk assessment for each project as to whether it was likely to proceed or not. 

 

In considering this programme group the members also dealt with the following motion from Councillor John McGinley:

That the deficit in infrastructure expenditure of €1.5m be restored as in 2008.

In proposing this motion Councillor McGinley stated that the availability of the deficit in infrastructure fund had proven to be very useful and was used in consultation with the Area Engineers. 

 

Mr Page replied to the issues raised by the members, stating that he shared the priority and sense of urgency for completion of the Athy Relief Road.  He added that a reply is awaited from the Department of Environment, Heritage and Local Government in relation to this project and he will brief the members as soon as a response is received.  He clarified that the North Kildare Area Strategic Network Cycle Tracks related to the linking of major industry sites in north Kildare with each other and with the local town.  In relation to the deficit in infrastructure fund, Mr Page indicated that he agreed with the principal but there was no funding source available at present.  He indicated that he awaited confirmation from the Dublin Transportation Office with regard to funding for the Celbridge Traffic Management Plan, adding that an indication had been given that funding would be available where the DTO were in agreement with the Plan.  In relation to non-national roads, Mr Page stated that he anticipated constraints in funding allocation and would advise the members as soon as this information was available.  He referred to the new guidelines from the Department of Finance relating to public procurement procedures and indicated that a level of expertise was being development among staff.  With regard to cylce tracks he stated that work was ongoing with the Dublin Transportation Office to develop a national policy framework.  

 


 

Programme Group 3 – Water Supply and Sewerage

Mr Boland, Director of Services, briefed the members in relation to this programme group, stating that it was an ambitious programme with projected expenditure of €249m.  He referred specifically to the major water supply schemes, major sewerage schemes and surface water schemes included in the capital programme.  While expressing caution he was hopeful that contracts totalling €239m would be signed between now and July 2010.  He added that approximately 30% of the cost of projects was to be funded from Kildare County Council’s own resources and that there may be a shortfall in relation to the council’s ability to raise their portion of the cost.  In referring to the small schemes programme he stated that there was a very vibrant level of activity in this area and schemes were progressing to design stage in the hope of future funding.  With regard to the Flood Alleviation Programme, he informed the members that the Water Services Department had been restructured in order to deal with this issue.  He referred to the Flood Alleviation Programme, before the members for consideration, and stated that as many issues as possible that were raised by the Area Committees had been included.  He advised the members that his department had a good working relationship with the Office of Public Works and that it would be possible to access expertise and funding through the OPW.  Mr Boland stated that he was considering the allocation of an annual budget to the Area Engineers for smaller projects relating to flood alleviation.  In considering the capital budget for this programme group the members commented as follows:

·        Strategic approach to flood alleviation welcomed.

·        Proposed fund for Area Engineers to deal with small projects welcomed.

·        Update requested in relation to Johnstown/Robertstown wellfields

·        What approach will be taken in relation to prioritising works if it transpires that the level of funding anticipated in the programme is not realised.

·        Any change to water pricing policy.

·        Will the abstraction of water from the Barrow reduce the costs currently incurred in purchasing water.

·        Work of department in relation to flood alleviation acknowledged.

 

Mr Boland responded to the issues raised by the members indicating that, in relation to the Robertstown Wellfields, an issue had arisen with Waterways Ireland, but he was hopeful that this matter was now resolved.  He advised the members that if it transpires that there is a deficit in the availability of funding from development levies, schemes can be cut-back or one or two schemes could be temporarily deferred.  He confirmed that there was no change in the water pricing policy.  In relation to the funding proposed to be made available to Area Engineers for works relating to flood alleviation, he stated that he anticipated this would operate similarly to the deficit in infrastructure fund. 

 


 

Programme Group 4 – Development Incentives and Controls

The members noted the content of this programme group.

 

At this point the Mayor suggested that consideration of the remainder of the capital budget be deferred until such time as the funding arrangements were clear.  Councillor S Doyle requested that, once the funding arrangements had been clarified, the members be circulated with a report indicating what schemes would be given priority, what schemes would be proceeding and what schemes were at risk.  The County Manager advised the members that the capital budget was for noting and that a lot of the funding incorporated in the budget was determined by the Department of the Environment, Heritage and Local Government.

 

Resolved on the proposal of Councillor Power, seconded by Councillor Black, that the Capital Programme 2009-2011 be noted and that further consideration of the programme be deferred until such time as funding arrangements were clarified.

 

 

05/0109

Draft Traveller Accommodation Plan 2009-2013

 

Resolved on the proposal of Councillor Glennon, seconded by Councillor Dukes, that this item be deferred to the February meeting of the Council.

 

 

06/0109

Flood Alleviation Capital Programme 2009-2013

 

In considering the Flood Alleviation Capital Programme 2009-2013, Councillor Ridge acknowledged the work that had gone into preparing the report.  She stated that it was apparent from the report that expenditure would be required in relation to ongoing maintenance to ensure that outflows were available.  She raised concerns with regard to the availability of manpower to carry out such maintenance work.  She further added that developers needed to be made more aware of their obligations in relation to ensuring that flooding does not occur in the future.  Other comments made by the members included:

·        Clarification requested regarding Butterstream Phase Two. 

·        Concern that the works required in Dun Carraig were planned for Q2 2011, as this matter needed urgent  attention. 

·        A format for noting smaller areas affected by flooding to be introduced.

·        Service providers not taking cognisance of drainage etc when carrying out road openings.  Need to be made more aware of their responsibilities.

·        Works carried out in Johnstown acknowledged.

 

 

In replying to the issues raised by the members, Mr Boland acknowledged the importance of ongoing maintenance and agreed that this area may come under pressure as a result of a reduction in staff resources.  He added, however, that he was satisfied that there was now in place a greater level of cooperation between the Roads and Water Services Departments and also a greater realisation of the importance of ongoing maintenance.  He acknowledged the difficulties encountered with utility companies and agreed that a greater level of monitoring was required.  Mr Boland acknowledged the assistance provided to his department by people with local knowledge of drainage in areas throughout the county, making particular reference to Johnstown. 

 

Resolved on the proposal of Councillor Black, seconded by Councillor Ridge, that the Flood Alleviation Capital Programme 2009-2013 be adopted.

 

 

07/0109

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

 

The meetings administrator informed the members that Councillor Kelly had submitted a letter to him stating that he acts as solicitor to some of the parties who have an interest in land, which is the subject of zoning proposals in the Draft Sallins Local Area Plan.  For ethical reasons, therefore, he indicated that he would not participate in the discussion on this item and will not vote on the adoption or otherwise of the Sallins Local Area Plan.  He will be withdrawing from the meeting when this item is reached.

 

The administrator confirmed that Councillor Kelly had left the meeting.  Councillor MacNamara stated that he had received a letter from Councillor Kelly, acting in a private capacity, but written on his Council headed paper.  He added that he considered this to be a breach of his position and a conflict of interest.  The Mayor stated that it was clear that Councillor Kelly was acting on behalf of his client in this matter and, therefore, acting in his private capacity as a solicitor.  He added that he had not been lobbied by anybody in relation to the Sallins Local Area Plan, apart from local residents.  A number of members concurred with this.  The administrator stated that Councillor Kelly had consulted with him in relation to withdrawing from the meeting and he was satisfied that he had acted properly. 

 

The County Manager’s report dated 23 December 2008 had been circulated to the members.  Mr Padden reported that 1,672 submissions/observations had been received in relation to the proposed amendments to the Draft Sallins Local Area Plan and he outlined a summary of the submissions, the Manager’s response and recommendations as follows:-


 

1.         Changes to proposed map amendments M1 and M2

Submission number146 from the owner/developers relates to amendments M1 and M2 and requests that the proposed amendment M1 affecting their lands (i.e. Sallins Pier and Sallins Wharf) is not adopted and that the majority of lands should be zoned for residential use with the land adjacent to the canal zoned Amenity and Open Space.  Map amendment M2 endeavours to provide a playground on this land and in the event of the lands being zoned Open Space and Amenity this is unlikely to be achieved, as the landowners will be unwilling to facilitate this.  However if the land is zoned residential a playground could be incorporated into any future development of the land.

Manager’s Response

It is considered that the lands in Sallins Wharf, Sallins Pier and Castlesize be zoned Open Space and Amenity.  These lands have been maintained as Open Space and Amenity and in many cases the houses in the estates actually front on to these areas.

Manager’s Recommendation

No change.

 

On behalf of the Naas Area Committee, Councillor Glennon proposed that the two acre site at the railway end of the site be retained in its present residential zoning, subject to an area being reserved for any railway expansion, and that the Manager’s recommendation be adopted for the remainder of the site.  Councillor Power seconded the proposal.  Councillor MacNamara proposed that the Manager’s recommendation stand, as the residents were not in favour of the residential zoning.  Councillor McGinley seconded the proposal.

 

The administrator informed the members that it was appropriate to now deal with the proposed amendment.

 

Resolved on the proposal of Councillor Glennon, seconded by Councillor Power, with 14 members voting in favour, 6 voting against and 1 abstention, that in relation to lands at Sallins Wharf/Pier, the Manager’s recommendation be rejected and that the two acre site at the railway end of the site be retained in its present residential zoning, subject to an area being reserved for any railway expansion, and that the remainder of the lands at Sallins Wharf/Pier and the subject lands at Castlesize be zoned Open Space and Amenity.

 

2.         Objections to the zoning of Sallins GAA site from Amenity and Open Space to Town Centre.  (Map amendment M4 and proposed text change No. 6)

(i)         Submission numbers 1-36, 41, 45, 49-51, 59-61, 63, 66-96, 98, 99, 103, 112, 164, 168 - 170 object to the proposed rezoning of Sallins GAA pitch from “F” Open Space and Amenity to “A” Town Centre.  The submissions outline that this rezoning is contrary to the proper planning and development of the area.  The submissions state that Sallins already has Town Centre sites that are undeveloped (i.e. Meat factory site) and not fully occupied (i.e. The Waterways) and many units within the traditional town centre also remain unoccupied. If another competing site for town centre development is allowed the other sites could remain undeveloped for years.

(ii)        Submission numbers 42-44, 46, 47, 52-57, 64, 97, 101,102, 104-111, 113-120, 125, 126, 132-139, 142, 143, 156 -160 also include many of the concerns raised above, but also quote the Draft Local Area Plan’s statement “that there is sufficient lands zoned Town Centre in the current plan.  Lands at the old meatpacking factory remain undeveloped and provide an excellent opportunity for a mixed use development right in the centre of town”.

(iii)       Submission number 124 included many of the concerns raised in the submissions listed above, but added that current accessibility to GAA facilities will be reduced, that the development of the site will lead to traffic congestion, pollution, noise and more pressure on schools and services.

Manager’s Response

(i)         Sallins GAA’s current playing facilities are insufficient for the future expansion of the club. The current Sallins GAA pitch is constrained by a lack of playing surfaces to provide for the expanding number of teams in the club. There are also limitations in car parking at the current site.  Proposed map amendment M6 extends the development boundary to the north along the Clane Road incorporating an Open Space and Amenity zoning which will facilitate the GAA’s expansion. It is recommended that the GAA’s current site be zoned Town Centre as per proposed change number 6 and map amendment M4 as the site is suitably located for Town Centre expansion due to its location adjacent to other Town Centre zoned lands. The future development of the site shall incorporate residential, retail, commercial, community and amenity uses.

(ii)        In relation to the text included in the second paragraph of section 7.1 Town Centre of Part A Review Context. This has been superseded by the proposal to zone the GAA site from Open Space and Amenity to Town Centre and, therefore, shall be updated prior to the adoption of the Sallins Local Area Plan.

(iii)       The response to point number 1 above also applies.

Manager’s Recommendations

(i)         As it is proposed to rezone the Sallins GAA site from Open Space and Amenity to Town Centre (Map amendment M4) the Town Centre column of the Land Use Zoning Matrix (Table 15 of the Draft Local Area Plan) shall be amended to leave playing pitches Open for Consideration on Town Centre zoned land. 

(ii)        Amend text of the second paragraph of Section 7.1 Town Centre of Part A, Review Context, as follows with the strike through text to be omitted.

The Council will promote the reinforcement of the town centre as the heart of Sallins, There is sufficient lands zoned Town Centre in the current plan, lands at the old meatpacking factory remain undeveloped and. The Sallins GAA site and the former meat factory lands provide an excellent opportunities for mixed-use development in the centre of town”.

(iii)       No change

 

Councillor MacNamara proposed that the future development of this site shall have regard to the previous use of these lands as a public open space.  As part of the overall redevelopment of the site a public open space shall be the centrepiece of the design concept.  This space shall be open and inviting to not only any future inhabitants of this new development, but also to the general public.  Linkages to this open space shall be paramount, particularly from Main Street through Chapel Lane and to the proposed footbridge over the canal at the Sherlockstown Road.  The retention of the mature trees along the Sherlockstown Road will also be an integral element of the development.  The public open space shall consist of 0.8 acres (0.36 hectares) located at the southern end (canal end) of the site, including a site for a playground.  The playground and landscaped open space shall be funded and constructed by the developer and handed over to the council prior to the completion of the remainder of the site, as part of the developers requirements under policy statement H 18 of the Kildare County Development Plan 2005-2011.  This proposal was seconded by Councillor Hillis.

 

Resolved on the proposal of Councillor MacNamara, seconded by Councillor Hillis, with all members voting in favour of the amendment of the Manager’s recommendation as proposed by Councillor MacNamara.

 

3.         Support the rezoning of the Sallins GAA site from Amenity and Open Space to Town Centre.  (Map amendment M4 and proposed change No 6).

 

Submission numbers 37, 38, 48, 58, 62, 100, 122, 123, 127-130, 140, 141, 150–155, 161-163, 166, 171-1,672 support the rezoning of the Sallins GAA site from “F” Open Space and Amenity to “A” Town Centre.

Manager’s Response

Noted.

Manager’s Recommendation

No change.

 

Resolved on the proposal of Councillor Hillis, seconded by Councillor Callaghan, with all members present in favour, that the Manager’s recommendation be accepted.

 

4.         Objection to the rezoning of lands in Osberstown from Open Space & Amenity and Residential to “E1” Community and Educational (Map Amendment M5)

 

Submission number 39 objects to the rezoning of lands at Osberstown from Open Space and Amenity to “E1”Community and Educational.  This rezoning will impact negatively on the quality of life of the residents and exacerbate existing traffic problems e.g. high volumes and congestion.  It would also create further safety issues and make vehicular and pedestrian movement more difficult.


 

Manager’s Response

It is agreed that the subject lands should remain zoned Residential and Open Space and Amenity as per the Draft Local Area Plan, as these uses are more appropriate on the edge of the town. The proposed development would result in a loss of amenity land and an increase in traffic in a residential area of the town.

Manager’s Recommendation

To maintain the land use zonings of the Draft Local Area Plan at this location.

 

Councillor MacNamara proposed that the Manager’s recommendation be accepted.  This proposal was seconded by Councillor Glennon.  Councillor Callaghan proposed an amendment, which would allow for a small parcel of land to be opened up for development such as a medical practice, also providing an opportunity to upgrade infrastructure.  This proposal was seconded by Councillor Power.  The Senior Planner objected to the proposed amendment on planning grounds as there were already alternative zoned sites closer to the town centre, which would be suitable for development such as a medical centre.  Traffic would also be an issue.

 

The amendment proposed by Councillor Callaghan was put to the members and was rejected with 8 members voting in favour and 12 members voting against.  It is, therefore, resolved that the Manager’s recommendation be accepted.

 

5.         Support for the rezoning of lands on the Clane Road for educational, residential, agricultural and amenity and open space, (Map Amendment M6)

Submission numbers 37, 38, 48, 58, 62, 100, 122, 123, 127-130, 140, 141, 150–155, 161-163, 165, 166, 171-1,672 support the extension of the LAP boundary to incorporate the zoning of 30 acres of land for Open Space and Amenity purposes, 10 acres for Educational purposes, 30 acres for Residential purposes and 20 acres for Agricultural purposes.

Submission number 148 requests that 10 acres of the proposed Open Space and Amenity zoned land on the Clane Road be set aside for the use of Sallins Celtic Soccer Club and submission number 166 requests that some of this land be set aside for a Scouts Den.

Submission number 149 supports the Sallins GAA ground rezoning.  It is stated that a modern state of the art sports campus facilitating additional recreational activities such as music is long over due.  Submission number 167 raises concerns in relation to a proposed walkway associated with this amendment.

Manager’s Response

10 acres of land zoned Educational and 30 acres zoned for Open Space and Amenity proposed in Map Amendment M6 is acceptable. However the proposal to extend the development boundary and to zone an additional 30 acres for residential purposes and 20 acres for agricultural purposes is not acceptable. Sections 4.1 and 4.2 of the Draft Local Area Plan state that sufficient lands are already zoned in Sallins for residential development over the Plan period. Based on the detailed analysis in the Draft Plan there is no justification for proposing additional residential zoning in Sallins at this time. It is not necessary to extend the Local Area Plan boundary to zone lands for Agricultural purposes as lands outside the Local Area Plan boundary are under the remit of the Kildare County Development Plan 2005-2011 and if not already zoned for another use are deemed to be primarily agricultural in any event.  Map amendment M6 proposes 30 acres of land on the Clane Road for Open Space and Amenity purposes. There will be sufficient zoned lands proposed to accommodate all the relevant sporting clubs in Sallins. It is envisaged that the lands will be leased to the sporting clubs wishing to use the land. Details of proposed accesses and routes, both pedestrian and vehicular, will be dealt with at more detailed design stage e.g. planning application, should the land be zoned and subject to a planning application.

Manager’s Recommendation

To alter Map Amendment M6 and omit the proposed zoning of 30 acres for residential purposes and 10 acres for Agricultural purposes and to amend the development boundary.

 

The Senior Planner informed the members that correspondence had been received from the Department of the Environment, Heritage and Local Government, raising concerns with regard to the additional residential zoning stating that it was not considered prudent to zone an additional 30 acres of land for residential purposes. 

 

On behalf of the Naas Area Committee, Councillor Glennon proposed that 30 acres open space and amenity, 10 acres educational, 30 acres residential and 20 acres agricultural be included in the extended Local Area Plan boundary.  It is also proposed that the 30 acres zoned for community and recreational be developed as a sports campus, for the town of Sallins, with swift action from Kildare County Council in facilitating its development and that the 30 acres is transferred by the landowner to the Council free of charge.  This proposal was seconded by Councillor Callaghan. 

 

Councillor Power requested clarification as to whether the members could agree the transfer of the 30 acres of land proposed for use as a Sports Campus directly to a third party at this meeting.  The County Manager advised that this would not be appropriate as the lands must initially be transferred by the landowner to the local authority.  Following this a proposal could be put to the members for the subsequent transfer of the lands to a third party.

 

Resolved on the proposal of Councillor Glennon, seconded by Councillor Callaghan, with 19 members voting in favour and 2 members abstaining, to reject the Manager’s recommendation and adopt the proposal of Councillor Glennon.

 

6.         Proposed Traffic Management Plan (Change No 1)

Submission number 147 relates to proposed change number 1. The submission states that it is unacceptable to proceed with any planning or preparation on the proposed Sallins bypass until the traffic management plan proposed in change number 1 is carried out as the results and recommendations of said Plan will surely have an impact on the proposed bypass.

 

Submission number 166 supports the objective to prepare a traffic management plan for Sallins.

Manager’s Response

The proposed Sallins Traffic Management Plan when completed will likely contain recommendations for traffic arrangements in the town. However it is not considered necessary to defer the Sallins bypass project until the publication of this plan. The current Sallins by pass route is indicative only and the exact alignment and specification of the Sallins bypass will be finalised when the funding is available to build the road.

Manager’s Recommendation

No change.

 

Resolved on the proposal of Councillor Glennon, seconded by Councillor Hillis, with all members present in favour, to accept the Manager’s recommendation.

 

7.         Residential zoning proposals

Submission number 121 proposes the zoning of 15 acres of land on the Naas Road close to the railway station and outside the Local Area Plan boundary for high-density residential development.

Manager’s Response

This submission does not relate to a proposed amendment to the proposed Draft Local Area Plan, which was placed on display and therefore cannot be considered at this time.

Manager’s Recommendation

No change

 

Resolved on the proposal of Councillor Hillis, seconded by Councillor MacNamara, with all members present in favour, to accept the Manager’s recommendation.

 

8.         Concerns in relation to the proposed Sallins Bypass

Submission numbers 40, 65, 131, 144, 145 raise concerns in relation to the proposed Sallins Bypass.  The submission states that the initial Sallins Bypass Map outlined nine possible routes. At no time it is stated was the current route offered as a proposed route.

Manager’s Response

Kildare County Council’s Transportation Section following a public consultation process indicated the route outlined in the Draft Sallins Local Area Plan. Any observations/ submissions on this route should have been made during the first public consultation period associated with the Draft Sallins Local Area Plan between the 26/06/2008 and the 6/08/2008 and as the submissions do not relate to a proposed amendment of the LAP they therefore cannot be considered at this time.

Manager’s Recommendation

No change.

 


 

Councillor Callaghan proposed the following amendment to be incorporated in the addendum to the Manager’s report:

The Sallins by-pass emerging preferred route, as set out in the Sallins Draft Local Area Plan, was selected following a constraints study, a period of public display/consultation and a route analysis and selection procedure.  The route options were evaluated under the criteria Engineering, Traffic, Environmental Impacts, Archaeology and Architectural Heritage, Socio-Economics, Construction Impacts, Planning and Development and Cost estimate.

 

 

The indicative Sallins by-pass route shown on the Draft Sallins Local Area Plan land Use Zoning Objectives map is illustrated using a circular line.  These designate a route corridor 100 m wide within which a future road will be built.  The route of the proposed Sallins by-pass road is indicative only and will not have to utilise the full 100 metres for the proposed road.

 

When the funding is available for the construction of the Sallins by-pass route the road will be designed having regard to the impact on adjacent residents, environmental impacts and built, natural and archaeological heritage.  There will be further consultation periods open to the public under the Part VIII procedures, as Part VIII is the relevant consent required for the road during which the Local Authority will be obliged to take account of all and any submissions.  In addition to the consultation periods associated with the Part VIII procedure it is the intention of Kildare County Council to consult directly with adjacent residents.

 

Resolved on the proposal of Councillor Callaghan, seconded by Councillor Hillis, with all members present in favour, to accept the Manager’s recommendation subject to the amendment outlined above being incorporated in the addendum to the Manager’s report.

 

Resolved on the proposal of Councillor Glennon, seconded by Councillor MacNamara, with all 20 members present voting in favour, that the Sallins 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 26 January 2009. 

 

 

8/0109

European Road Safety Charter

 

The members noted a report, which had been circulated by the Roads Department in relation to the European Road Safety Charter.

 

Resolved on the proposal of Councillor Murphy, seconded by Councillor McGinley, that the European Road Safety Charter be adopted.

 

9/0109

Vote of Sympathy

 

The Mayor and members expressed votes of sympathy with the following on their recent bereavements:

Councillor Callaghan on the death of his mother.

The family and friends of Peter Kenny, former Engineer in Roads Construction.

Lisa Hanley, Central Fire Station, on the death of her father.

Gerry Conlon, Roads Design, on the death of his mother.

 

As a mark of respect to Councillor Callaghan, and bereaved members of staff, the Mayor adjourned the meeting for five minutes. 

 

 

10/0109

Conferences

The council received notice of the following conferences:

 

06-08 February 2009

Information and Communication Technologies for Councillors

The Glendalough Hotel, Glendalough, Co. Wicklow

Cost per delegate:  €618.02 approx.

Nominees:  Councillors Liam Doyle and Pat Black.

 

06-08 February 2009

Merriman Winter School

Hotel Meyrick Galway City

Cost per delegate:  €657.12 approx.

Nominees:  Councillors Katie Ridge, Brendan Weld, Billy Hillis, Kevin Byrne,

Fiona O’Loughlin and Darragh Fitzpatrick.

 

13-14 February 2009

AMAI Spring Seminar

Clanree Hotel, Letterkenny, Co. Donegal

Cost per delegate:  €655.39 approx.

Nominees:  Councillors Rainsford Hendy, Geraldine Conway and Martin Miley Jnr.

 

15-17 February 2009

Renewable Energy – Planning for the Future

Sligo Park Hotel, Pierce Road, Sligo.

Cost per delegate:  €1,023.13 approx.

Nominees:  Councillors Martin Miley Jnr., Liam Doyle, Katie Ridge, Micheál Nolan and Kevin Byrne.

 

19-20 February 2009 

Mid-West Regional Authority Annual Conference 2009-01-08

Ireland’s Water – What is the Real Cost?

Woodlands House Hotel, Adare, Co. Limerick

Cost per delegate:  €578.78 approx.

Nominees:  Councillors Willie Callaghan and Darragh Fitzpatrick.

 

20-21 February 2009

North South Confederation of Councillors

Review and Reform of Local Government in Ireland, North and South

Bellingham Castle Hotel, Co. Louth

Cost per delegate:  €543.09 approx.

Nominees:  Councillors Fiona O’Loughlin and Geraldine Conway.

 

20-21 February 2009

Freedom of Information Seminar for Councillors

Patrick Punch Hotel, Limerick

Cost per delegate:  €541.71 approx.

Nominees:  Councillors Pat Black, Martin Miley Jnr. and Fionnuala Dukes.

 

21 February 2009

Women of 1916

Riverside Park Hotel, Enniscorthy, Co. Wexford

Cost per delegate:  €371.32 approx.

Nominees:  Councillors Willie Callaghan, Mark Dalton and Catherine Murphy.

 

26-29 February 2009

Maximising Your Vote Seminar

Red Cow Moran’s Hotel, Naas Road, Dublin

Cost per delegate: €498.50 approx.

Nominees:  Councillors Fiona O’Loughlin and Liam Doyle.

 


 

27 February – 01 March 2009

20th Colmcille Winter School 2009

Colmcille Heritage Centre, Gartan, Church Hill, Co. Donegal

Cost per delegate: €965.22 approx.

Nominees:  Councillors Mark Dalton, Pat Black and Micheál Nolan.

 

27-28 February 2009

Understanding Hospital Radio/The Irish National War Memorial

Green Isle Hotel, Dublin

Cost per delegate: €403.69 approx.

Nominees: Councillors Geraldine Conway and Darragh Fitzpatrick.

 

03 March 2009

Understanding Public Private Partnerships

Central London

Cost per delegate:  €893.69 approx.

 

04-08 March 2009

17th Annual Kerry Environmental Conference

The Golf Hotel, Ballybunion, County Kerry

Cost per delegate: €1,232.08 approx.

Nominees:  Councillors Willie Callaghan and Mark Dalton.

 

05-06 March 2009

The Economic & Social Benefits of Preserving our Cultural Heritage

The Listowel Arms Hotel, Listowel, Co. Kerry

Cost per delegate: €720.98 approx.

Nominees:  Councillors Catherine Murphy, Martin Miley Jnr. and Darragh Fitzpatrick.

 

06 March 2009

Ireland and It’s People 2010-2015

Sligo Park Hotel, Sligo

Cost Per Delegate:  €682.49 approx.

 

06-08 March 2009

Local Sustainable Tourism Management in a Global Economic Slowdown

Celtic Ross Hotel, Rosscarbery, Co. Cork

Cost per delegate: €941.18 approx.

Nominees:  Councillors Fiona O’Loughlin and Geraldine Conway.

 


 

06-08 March 2009

Climate Change, Alternative Energies & the Nuclear Experience

Raheen House Hotel, Clonmel, Co. Tipperary

Cost per delegate:  €751.08 approx.

Nominees:  Councillors Pat Black and Liam Doyle.

 

 

11/0109

Oversight of Apartment Developments

The council considered the following motion in the name of Councillor Murphy:

That Kildare County Council review its policy in relation to the oversight of apartment only developments; also the long-term management arrangements for the public spaces in such developments.

 

The meetings administrator read a report from the Planning Department dated 22 January 2009, setting out the Council’s policy on the use of management companies and making reference to the County Development Plan 2005-2011.  The report set out reasons why it is not always practical or possible to take developments of the type referred to in the motion in charge.  The Council will continue to work with developers and residents of private residential developments to take those elements and services of developments in charge where it is practical to do so.  There will, however, be developments, particularly those that consist entirely or predominantly of apartments where it is not practical to take any element of the development in charge.  It is essential in all such developments, that the developer put a performance bond in place until such time as control of the management company transfers to the residents. 

 

In proposing her motion, Councillor Murphy stated that, while she accepted some aspects of the report, she had concerns in situations where a development would be dealt with exclusively by a management company in the future.  She made reference to ongoing discussions on legislation relating to mixed developments, but stated that this had not yet been published.  She added that she was not suggesting that areas such as underground car parks or common areas be taken in charge.  She considered that roads, sewers and public lighting should be taken in charge in non-gated communities.  Councillor Weld seconded the motion, adding that he had encountered serious problems in situations where the management company was insisting on handing over to the residents, but the residents were not interested.  This was having a knock-on effect in that public and communal areas of the development were not being maintained. 

 

Mr Hannigan, Building Control, addressed the issues raised by the members stating that, where possible, roads, services and public lighting were taken in charge, however, he referred to difficulties being encountered where such services were located in semi-private areas of the development.  He advised the members that all mixed use/apartment developments are referred to the Building Control Department for assessment to allow consideration to be given to the possibility of taking the development in charge.  He added that there were difficulties associated with apartment blocks, but stated that some mixed-use developments can be taken in charge. 

 

Resolved that a copy of the report from the Planning Department be circulated to the members for information.

 

 

12/0109

River Basin Management Plans for Eastern and South-Eastern Districts

 

Mr Ray Spain, Project Co-ordinator, for the South Eastern River Basin District Project, made a presentation to the members in relation to the draft River Basin Management Plans for the Eastern River Basin District and the South Eastern River Basin District, which had been circulated to the members.  He referred to the Water Framework directive 2000/60/EC, which was transposed into Irish law through the European Communities (Water Policy) Regulations 2003 (S.I. No 722).  He added that the objectives of the Directive included the prevention of deterioration of water and, in particular, to maintain high or good status, to improve waters where appropriate to achieve at least a good standard and to progressively reduce chemical pollution.  He explained in detail the layout of the Plans and what information was contained in them.  He also set out what the introduction of the Plans would mean for local authorities and the timescale for adoption.

 

Mr Holligan, Senior Engineer, advised the members that copies of the Plans were available on the Council’s website, in the libraries and Teagasc office.  He added that submissions could be made up to 22 June 2009.

 

Resolved that River Basin Management Plans for Eastern and South-Eastern Districts be noted.

 

 

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

 

 

13/0109

Fullers Court, Ballitore

The council considered the following motion from the Athy Area Committee:

To remove property known as Fullers Court, Ballitore, from the list of protected structures.

 

Mr Lahart presented a report to the members setting out the background to the inclusion of the property known as Fullers Court on the list of protected structures.  Arising from Ministerial Direction the structure was incorporated on the Record of Protected Structures for County Kildare, the structure having been evaluated as having a special architectural, social and historic interest.  The Council’s Conservation Officer inspected the structure on 12 November 2008 and noted that the property is currently in a similar condition as described by the National Inventory Architectural Heritage (NIAH) when surveyed in 2002.  He considers that the structure has not lost its special interest value.  The report makes reference to Section 2.7 of the Department of the Environment, Heritage and Local Government, Architectural Heritage Protection Guidelines for Planning Authorities, which states that the deletion of a structure from the list of protected structures “will generally take place only when the structure has entirely lost its special interest value through major accident or where new information has come to light which proves that the special interest value was mistakenly attributed”.  Mr Lahart noted that there is currently a planning application before the Planning Authority seeking to demolish the structure.  While not wishing to discuss in any detail the content of the planning application, he advised the members that the Planning Department had issued a request for further information, which included a requirement to submit a report from a Conservation Architect in relation to Fullers Court.  He suggested that further consideration of deletion of the property from the list of protected structures be deferred until such time as this report had been received and duly considered.  He advised the members with regard to the statutory process for deletion of a structure from the list of protected structures and added that, in this case, the matter would have to be referred to the Minister for the Environment, Heritage and Local Government as the property had initially been listed on foot of Ministerial Order.  A copy of the report from the Planning Department to be circulated to the members for information. 

 

In proposing the motion Councillor Dalton stated that this matter had been agreed unanimously by the members of the Athy Area Committee and while he noted the report from the Planning Department, he considered that the development of the site would be beneficial to the local community.  Councillor Callaghan seconded the motion.  The Manager stated that allowing time to consider the content of the report from a Conservation Architect could provide the members with a valid reason for removing the property from the list of protected structures. 

 

 

Resolved on the proposal of Councillor Nolan, seconded by Councillor L Doyle, that standing orders be suspended for 10 minutes to enable the meeting to continue until 6.20pm.

 

 

Following further discussion of the matter Councillor Dalton agreed to defer the motion for one month to allow additional time to consult with the Planning Department.

 

 

 

Resolved on the proposal of Councillor Black, seconded by Councillor S Doyle, that standing orders be suspended for 10 minutes to enable the meeting to continue until 6.30pm.

 

 

14/0109

Waivers for Refuse Charges

The council considered the following motion in the name of Councillor McEvoy:

That waivers, such as O.A.P.’s, should apply to long-term users of the council service and that it be advertised that to qualify one must be such a long-term user.

 

The Manager informed the members that the content of this motion was under consideration and that, while some legal advice had been received, further investigation of the issues were required.  He suggested that this matter be referred to the Finance Committee for further consideration and this was agreed by the members.

 

Resolved that this motion be referred to the Finance Committee for further consideration.

 

 

15/0109

Recent bombing and invasion of Gaza Strip

The council considered the following motion in the name of Councillor MacNamara:

That this council condemns the recent bombing and invasion of the Gaza strip by the Israeli Army.

 

In proposing the motion Councillor MacNamara stated that he had attended a demonstration on 10 January 2009, which had culminated in a march to the Israeli Embassy.  He said that he was aware that putting this motion on the agenda would not stop the oppression of the Palestinian people, as this conflict had been ongoing for over 60 years.  He referred to the origins of the conflict and stated that the only resolution he could see was a political solution in line with UN Resolution 242.  He added that over 1,300 people had been killed in the current conflict and it was clear that not all of these people were militants.  He said that this was a disproportionate response on behalf of the Israeli’s. 

 

Councillor Dukes proposed an amendment to Councillor MacNamara’s motion as follows:

That this council condemns the recent bombing and invasion of the Gaza strip by the Israeli Army and also condemns the violence visited on Israel by Hamas.   Councillor O’Loughlin seconded Councillor Dukes proposal adding that she had spent time in Israel some years ago.  She added that she welcomed the ceasefire now in place and made reference to the Geneva Convention.

 


 

Resolved on the proposal of Councillor Dukes, seconded by Councillor O’Loughlin, and agreed unanimously by the members present, that this council condemns the recent bombing and invasion of the Gaza strip by the Israeli Army and also condemns the violence visited on Israel by Hamas.

 

 

16/0109

Any Other Business

Councillor Dalton raised an issue regarding the spreading of sludge waste from Osberstown in Castledermot.  He understood that the Director of Service had met with the company involved and thanked him and the Senior Engineer for their assistance.  He stated that he had been previously assured that this practice had ceased.  Mr Holligan stated that this problem had arisen due to operational issues, he added that all material will be removed and no material, not in pellet form, will be spread in the future.

 

 

____

 

The meeting concluded.