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KILDARE COUNTY COUNCIL 

Minutes of Monthly Meeting

held at 2.00 p.m. on Monday, 30 March 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, G Conway, M Dalton, L Doyle, S Doyle, F Dukes,

D Fitzpatrick, 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.

 

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), C Talbot (Meetings Administrator) and other officials.

 

_________________________

 

1/0309

Confirmation of Minutes

 

The council considered the minutes of the monthly meeting held on 23 February 2009, together with the progress report. 

 

Resolved on the proposal of Councillor Hendy, seconded by Councillor Murphy, that the minutes of the monthly meeting held on 23 February 2009 be confirmed and taken as read.

 

 

2/0309

Committee Minutes

 

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

 

Clane Area – 10 February 2009

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

 

Celbridge Area – 13 February 2009

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

 

Kildare Area – 4 February 2009

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

 

Leixlip Area – 19 December 2008 and 16 January 2009

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

 

Naas Area – 20 January 2009

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

 

 

3/0309

Disposal of land

 

2642 Dara Park, Newbridge

The council considered statutory notice dated 11 March 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 2642 Dara Park, Newbridge, Co Kildare to Kathleen Byrne 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 Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

44 Radharc an Chaisláin, Caragh Road, Naas

The council considered statutory notice dated 11 March 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 44 Radharc an Chaisláin, Caragh Road, Naas, Co Kildare to Monica Kenny 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 Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

 

37 Radharc an Chaisláin, Caragh Road, Naas

The council considered statutory notice dated 11 March 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as 37 Radharc an Chaisláin, Caragh Road, Naas, Co Kildare to Edwina Cahill 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 Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 

1 acre at Newbridge Industrial Estate, Newbridge

The council considered statutory notice dated 2 March 2009 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 1 acre at Newbridge Industrial Estate, Newbridge, Co Kildare to Comerford Brothers Limited, in consideration of payment of €200,000 and subject to the following conditions:

§                The settlement terms as agreed between the parties at hearing on Friday, 12 December 2008.

§                Kildare County Council agree to sell the freehold of the premises currently occupied by Comerford Brothers Limited in Newbridge Industrial Estate to Comerford Brothers Limited for a sum of €200,000.

§                €100,000 of this consideration to be paid on the completion date as set out in the Contract for Sale between the parties.  The further €100,000 to be paid strictly four months thereafter.

§                The costs in this matter, including all Kildare County Council’s legal costs) to be paid by Comerford Brothers Limited.

 

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

 

132 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 132 Brayton Park, Kilcock, Co Kildare to Evaldas Galinaitis under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

136 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 136 Brayton Park, Kilcock, Co Kildare to K & K Bicz under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

137 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 137 Brayton Park, Kilcock, Co Kildare to Inga Peciuiliene under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

138 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 138 Brayton Park, Kilcock, Co Kildare to Laura Darragh under the Affordable Housing Scheme (to include clawback) in consideration of €187,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

142 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 142 Brayton Park, Kilcock, Co Kildare to Dolores Quigley under the Affordable Housing Scheme (to include clawback) in consideration of €147,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

163 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 163 Brayton Park, Kilcock, Co Kildare to Tracey Comerford under the Affordable Housing Scheme (to include clawback) in consideration of €187,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

164 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 164 Brayton Park, Kilcock, Co Kildare to Wahab Ibrahim under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

165 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 165 Brayton Park, Kilcock, Co Kildare to O & O Ogunlege under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

166 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 166 Brayton Park, Kilcock, Co Kildare to Anthony Cox under the Affordable Housing Scheme (to include clawback) in consideration of €147,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

168 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 168 Brayton Park, Kilcock, Co Kildare to Nicola Parsons and Mark Davis under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

169 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 169 Brayton Park, Kilcock, Co Kildare to Nataliya Polishchuk under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

170 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 170 Brayton Park, Kilcock, Co Kildare to Helen Smith under the Affordable Housing Scheme (to include clawback) in consideration of €187,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

 

 

 

 

 

 

172 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 172 Brayton Park, Kilcock, Co Kildare to Toyin Omolaye under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

176 Brayton Park, Kilcock

The council considered statutory notice dated 3 March 2009 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of 176 Brayton Park, Kilcock, Co Kildare to Gunita Bille under the Affordable Housing Scheme (to include clawback) in consideration of €225,995 and subject to each the terms of the Affordable Housing Scheme.

 

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

 

 

4/0309

Strategic Policy Committee Half Yearly Reports

 

The members considered half-yearly reports from the Economic Planning and Development, Environment and Services and Housing and Social Inclusion Strategic Policy Committees.

In noting the reports the members raised a number of issues including, the sale of car parking spaces separate to apartments in mixed use developments, the inclusion of an objective in the County Development Plan relating to the provision of parent and toddler parking spaces, the design of car parking spaces particularly in mixed use developments.  The members welcomed the decision to prepare a policy document on Settlements/Local Need and Local Growth to coincide with the review of the County Development Plan.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Nolan, that the half-yearly reports from the Economic Planning and Development, Environment and Services and Housing and Social Inclusion Strategic Policy Committees be noted.

 

 

05/0309

Review of Corporate Plan 2005-2009

 

Mr O’Sullivan presented the review of the Corporate Plan 2005-2009 to the members.  He stated that it was timely to acknowledge the work done by the Council since 2005 adding that, while the review reflects the work done to date by the Council it does not mean that all objectives have been completed.  He said that the preparation of a new Corporate Plan would be one of the first tasks for the new Council, when elected, and that the review would form the basis for the next Plan.  In noting the review of the Corporate Plan 2005-2009 the members raised a number of issues including a request that an advisory campaign be introduced for people using water from the new well fields as the water is harder than the previous supply, effect on services to the community resulting from the reduction in staff numbers, improving service to customers by simplifying application processes for services, use of IT to allow customers apply on-line for services.  The members acknowledged the support and assistance provided to them by the ICT Department.

 

Resolved on the proposal of Councillor L Doyle, seconded by Councillor Hendy, that the review of the Corporate Plan 2005-2009 be noted.

 

 

06/0309

Audit Committee Annual Report 2008

 

Resolved on the proposal of Councillor Dukes, seconded by Councillor L Doyle, that the Audit Committee Annual Report 2008 be noted.

 

 

07/0309

To consider the Manager’s Report on the proposed amendment to the

Monasterevin Local Area Plan 2008

 

The Manager’s report dated 11 March 2009 had been circulated to the members, noting that one submission, supporting the proposed amendment, had been received during the display period of the amendment to the Monasterevin Local Area Plan.  The amendments were on display from 22 January 2009 to 4 March 2009.  The report outlined the following four minor amendments to the Local Area Plan as adopted on 10 November 2009:

 

Amendment 1 – (shown as A1 on map)

It is proposed to zone 0.43 ha. that were zoned “F” (Open Space and Amenity) in the Monasterevin Local Area Plan 2008 to “A” (Town Centre).  These lands were zoned “A” (Town Centre) in the Monasterevin Local Area Plan 2001.

 

Amendment 2 – (shown as A2 on map)

It is proposed to zone 0.12 ha. that were zoned “F” (Open Space and Amenity) in the Monasterevin Local Area Plan 2008 to “A” (Town Centre).  These lands were zoned “A” (Town Centre) in the Monasterevin Local Area Plan 2001.

 

Amendment 3 – (shown as A3 on map)

It is proposed to zone 0.07 ha. that were zoned “F” (Open Space and Amenity) in the Monasterevin Local Area Plan 2008 to “B” (Existing Residential).  These lands were zoned “B” (Existing Residential) in the Monasterevin Local Area Plan 2001.

 

Amendment 4 – (shown as A4 on map)

It is proposed to zone 0.6 ha. that were zoned “C” (New Residential) in the Monasterevin Local Area Plan 2008 to “A” (Town Centre).  These lands are located immediately adjacent to a site that was zoned “A” (Town Centre) in the Monasterevin Local Area Plan 2001.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Dukes, with all members present voting in favour, that the Monasterevin Local Area Plan 2008 be amended as recommended in the County Manager’s report dated 11 March 2009.

 

 

08/0309

Briefing on Review of County Development Plan

 

Mr Kenny, Senior Planner, made a presentation to the members setting out the procedures and timescales for the review of the County Development Plan.  Mr Kenny informed the members that the review process for the County Development Plan is over a 99 week period.  He outlined the documents and sectoral interests that would have an input into the new Plan.  He made reference, in particular, to new areas to be incorporated into the Plan, including Strategic Environmental Assessment and Appropriate Assessment.  The main area of concern to the members was the need for them to be involved at the earliest possible opportunity in the preparation of a new County Development Plan.  It was agreed that it was very difficulty to make amendments to a Plan once it has reached draft stage.  Other issues raised by the members included the preparation of a Retail Strategy, problems arising from mixed use developments, community gain, impact of River Basin Directive, delivery of education facilities, rural housing and settlement policy and opportunities for job creation.

 

In relation to the preparation of Local Area Plans, Councillor Murphy raised concerns that joint meetings of the Leixlip and Celbridge Area Committees had not yet been held, given that there were a number of LAP’s to be prepared that would affect both electoral areas.  Councillor Ridge raised concerns regarding the unavailability of legal representation for members.  She also requested that members of the new Council, when elected, be given adequate training in relation to their powers and responsibilities.  Councillor Kelly asked that a system be put in place whereby submissions could be made available to the members on –line.

 

The Mayor stated that a steering committee had been established for the review of the current County Development Plan, allowing the members to be involved from an early stage of the process.  He agreed that this provided valuable input for the members, but suggested that a sub-committee be established following the election of the new Council.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor O’Loughlin, that a sub-committee of Council be established to deal with issues relating to the preparation of a new County Development Plan following the election of the new Council.

 

 

09/0309

Village Design Statements for Staplestown, Brannockstown and Ardclough

 

Ms Andrea Lazenby Simpson, KSA, briefed the members on Village Design Statements for Staplestown, Brannockstown and Ardclough.  She advised the members that, while these are not statutory Plans, the preparation of Village Design Statements complies with objective RS5 of the County Development Plan 2005-2011 “to prepare Village Design Statements for settlements during the life of the plan within the Consolidation, Strengthening and Revitalisation categories”.  She set out the aims of the Village Design Statement including to guide smaller changes, to promote the scope of local environmental improvements, to develop community networks and to support community initiatives.  She made reference to the five stages involved in the process of preparing the document.  It was also noted that the VDS contained design guidelines for the villages together with an Action Plan for the community.

 

The Mayor and members thanked Ms Lazenby Simpson for her presentation and noted the work required to prepare the Village Design Statements.  A number of members were concerned that the preparation of Village Design Statements raised the expectations of the communities involved that the actions included in the statement would be undertaken.  It was considered that the content of the statements was aspirational and it was unlikely that resources would be available to deliver the actions contained in the statements.  On the other hand a number of members welcomed the preparation of the Village Design Statements and noted that this met an objective of the County Development Plan 2005-2011.  

 


 

10/0309

Addition of Donaghcumper House and Demesne to the

Record of Protected Structures

 

The members noted a report from the County Manager dated 13 March 2009 recommending that, having regard to the architectural, historical and social interest of Donaghcumper House and given its rating of national significance in the National Inventory of Architectural Heritage, in accordance with Section 55(2) of the Planning and Development Act 2000 (as amended) Donaghcumper House and Demesne be added as structure Ref no. B11-54 to the Kildare County Council Record of Protected Structures.

 

Resolved on the proposal of Councillor Ridge, seconded by Councillor Dukes, that in accordance with Section 55(2) of the Planning and Development Act 2000 (as amended) Donaghcumper House and Demesne be added as structure Ref no. B11-54 to the Kildare County Council Record of Protected Structures.

 

 

11/0309

Presentation by Comhairle na nÓg

 

The Mayor welcomed three representatives from Comhairle na nÓg to the Chamber; Conor Harrington from Ardscoil na Trionoide, Athy, Daisy Kate Delaney from Athy Community College and Yvonne Condron representing St Patrick’s Park Rathangan Youth Club, together with Siobhain O’Rourke from the Community and Enterprise Department, Mr Eoin Doyle, Assistant Arts Officer and Mr Kevin Smith from the New Media Institute.  Ms O’Rourke introduced the presentation to the members and in doing so thanked Mr Smith and Mr Doyle for their assistance, together with Mr Gary Lawlor, Youth Officer, who was unable to attend the presentation.  She said that the theme for this years Comhairle na nÓg was Racism, adding that the theme had been introduced in a creative way by using four different workshops – Calendar, Radio Programme, Desk Top Video and Drama Workshop, and a DVD of the day was played.  The three Comhairle na nÓg members made a brief presentation to the members outlining the activities undertaken.  The Mayor thanked the Comhairle na nÓg representatives for attending and for making such an interesting presentation.

 

12/0309

Government Report on Swimming Pool Programme

 

Mr Skehan presented the Government Report on the Swimming Pool Programme to the members.  The members welcomed the report, however, concerns were raised about the low rate of swimming pool provision per capita in this country as compared to other countries.  Clarification was requested with regard to the provision of a swimming pool in North Kildare and the likely cost of this facility.  The members noted that there was very good feedback from the users of both the new swimming pool facilities in Naas and Athy. 

 

The County Manager stated that he advocated the increasing of the rate of grant, adding that the current grant allocation limits the capacity of any local authority to fund new swimming pools.  He stated that in the current climate it was very difficult for local authorities to provide the matching funding necessary.

 

Resolved that the report be noted.

 

 

13/0309

Planning and Development Act 2000

Planning and Development Regulations 2001-2008 – Part VIII

To consider proposal for Amenity Lands at Lough na Mona, Leixlip

 

Mr Skehan presented a report dated 25 March 2009, which had been circulated to the members.  He stated that this proposal related to the development of amenity lands at Lough na Mona, Leixlip to include the development of two pitches, paths through the site, multi-purpose games area, additional car parking, junior play facilities, adventure trail and tree and shrub planting together with the construction of a pedestrian bridge to link the site to the Leixlip Amenities Centre.  Having regard to the location of the site and the zoning objective of the land it is considered that the proposed development is appropriate and capable of positive integration with the local and wider community and is recommend to the members.

 

The Mayor and members thanked Mr Skehan for his report and noted the work done by Simon Wallace of the Parks Department in relation to this project.  The proposal to turn what were neglected lands into an amenity for the use of the community was very much welcomed by the members.  Concerns were raised, however, with regard to the funding of the project given that any lottery funding available must be drawn down within a specified timeframe.  The County Manager informed the members that he was not in a position to commit funding at the moment, but indicated that it may be possible to clarify this issue after the budget on 7 April 2009.  Mr Hunter McGowan briefed the members on the current financial position and recoupment of funding from Government Departments.  It was agreed that a special meeting of Council will be held as soon as possible after the budget on 7 April 2009 to discuss the financial position and the funding of projects.

 

Resolved on the proposal of Councillor Kelly, seconded by Councillor McGinley, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, that the Part VIII proposal for the amenity lands at Lough na Mona, Leixlip be agreed.

 

 

14/0309

Planning and Development Act 2000

Planning and Development Regulations 2001-2008 – Part VIII

To consider proposal for Amenity Lands at The Bawnogues, Kilcock

 

Mr Skehan presented a report dated 18 March 2009 which had been circulated to the members.  He stated that this proposal related to the development of amenity lands at Bawnogues, Kilcock, to include the development of two soccer pitches, multi-use pitch, multi-use all weather area, 2 kilometres of paths through the site, sports hall and changing facility, 160 spaces of car parking, relocation and expansion of the existing playground, together with an area of passive recreation, a wetland area and extensive tree planting.  Having regard to the location of the site and the zoning objective of the land it is considered that the proposed development is appropriate and capable of positive integration with the local and wider community and is recommend to the members.

 

The Mayor and members thanked Mr Skehan for his report and noted the work done by Simon Wallace of the Parks Department in relation to this project.  Councillor L Doyle said that he welcomed that the project had proceeded to this stage and it afforded a wonderful opportunity for both the athletic and soccer clubs in Kilcock.  He complemented the GAA Club in Kilcock for their assistance in this project.  The County Manager stated that he was not in a position to commit funding to the project at the moment and it was agreed that he would revert to the Clane Area Committee at their next monthly meeting.

 

Resolved on the proposal of Councillor L Doyle, seconded by Councillor Weld, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, that the Part VIII proposal for the amenity lands at Bawnogues, Kilcock, be agreed.

 

 

15/0309

Mayor’s Business

 

The Mayor briefed the members on his recent visit to New York, at the invitation of the County Kildare Association, for the St Patrick’s Day Parade.  He said that he was concerned about the visit due to the amount of bad press prior to his departure, however, on arriving in New York he began to realise the importance attributed to this visit by the people who live there, who hoped that people in Ireland would not forget them. 

 

The Mayor thanked Mr Lahart for arranging the recent joint meeting of the Leixlip and Dunshaughlin Area Committees, which had been mutually beneficial.

 


 

Councillor Nolan proposed a vote of sympathy to the family and friends of Police Constable Stephen Carroll who was murdered recently in the North of Ireland.  He stated that Police Constable Carroll had been a former resident of Hawkfield, Newbridge and the local community were shocked by his murder.    Councillor Kelly seconded the proposal and extended sympathies to the family and friends of the two soldiers also murdered recently in the North of Ireland.

 

In response to a question from Councillor Dalton, Mr Skehan stated that he would update him in relation to the proposed playground for Kilcullen.

 

 

16/0309

Vote of Sympathy

 

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

Sean Leahy, Building Control, on the death of his mother.

Paddy Lambe, Information Technology, on the death of his father.

 

 

17/0309

County Manager’s Business

 

The County Manager informed the members that he had agreed to a request from Mr Des Page, Director of Services, to take a career break for two years in order to take up a position as Chief Engineer with the United Nations World Food Programme.  On behalf of the staff he wished Mr Page well in his new position.  The Mayor and members thanked Mr Page for all his work to date with Kildare County Council and wished him well for the future.  Councillor Dukes requested that Mr Page brief the Museum Committee on developments with regard to the establishment of a museum prior to his departure.

 

 

18/0309

Taking in Charge of Killybegs Group Water Scheme

 

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

To consider taking in charge of Killybegs Group Water Scheme.

 

Resolved on the proposal of Councillor Weld, seconded by Councillor L Doyle, that the Killybegs Group Water Scheme be taken in charge.


 

19/0309

Planning Conditions for Off-Licence Premises

 

The council considered the following motion in the name of Councillor S Doyle:

That all planning permission for off-licence premises be conditioned with the provision of a bring centre or the upgrading of current bring centre within the town that they are seeking to locate.

 

A report from the Planning Department dated 26 March 2009 had been circulated to the members.  Councillor S Doyle informed the meeting that she wished to propose an amended motion that all planning applications that include or are wholly an off licence, demonstrate adequate bring centre capacity within the catchment area of the application or address the absence of same with proposals for their provision.  She considered that this motion fulfilled the polluter pays principal and added that its adoption would provide an instrument to help Planners condition developers to provide such facilities.  In seconding the motion Councillor Glennon stated that it was not an onerous requirement to provide recycling facilities and it made sense for operators of off-licence premises to do so.  A number of members spoke in support of Councillor S Doyle’s motion.  As Chair of the Environment and Services Strategic Policy Committee, Councillor Power stated that this matter had been discussed at length and was supported by the members of the committee who requested that a means of implementing the policy be brought before Council for consideration. 

 

Mr Boland acknowledged that this matter had been discussed by the members of the Environment and Services Strategic Policy Committee.  He noted that the current Development Contributions Scheme did not contain a category for payment of environmental costs.  He added that when next reviewing this scheme the members may wish to consider the inclusion of an additional contribution towards the upgrading of bring centres within towns, subject to legal advice on the matter.  He stated that, subject to the resolution of the members, the motion would be considered in conjunction with the review of the County Development Plan.

 

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Glennon, with all members present voting in favour that all planning applications that include or are wholly an off licence, demonstrate adequate bring centre capacity within the catchment area of the application or address the absence of same with proposals for their provision.

 


 

20/0309

Circular Letter RLR 6

 

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

That the council seek a meeting with the Minister for Finance in connection with Circular Letter RLR 6 and the need for works on regional and local roads in the county.

 

Mr Page stated that Circular Letter RLR 6 had been circulated to the members for their information and that he had endeavoured to brief each Area Committee and the Town Council’s in relation to this matter.  He added that grant allocations will not be confirmed until after the budget on 7 April 2009 and that some adjustments to allocations would be expected.  Councillor McGinley stated that this was an extraordinary circular that required every small works programme to be submitted to the Department for approval.  He added that it was essential to inform the Minister that the introduction of such a policy will bring work in the local authority to a halt. 

 

Resolved on the proposal of Councillor McGinley, seconded by Councillor Murphy, that a meeting be sought with the Minister for Finance in connection with Circular Letter RLR 6.

 

 

As it was approaching 6pm it was Resolved on the proposal of Councillor Hillis, seconded by Councillor L Doyle, that standing orders be suspended to enable the meeting to continue until 6.20pm.

 

 

21/0309

Correspondence

 

The council noted receipt of the following correspondence:

 

·        Letter from Limerick County Council advising of a resolution calling on the Government to introduce appropriate legislation to ensure that the overheads faced by small businesses are curtailed as many are finding it increasingly difficult to remain in business.  Noted.

 


 

22/0309

Conferences

 

The council received notice of the following conferences:

 

16-17 April 2009

L.A.M.A. Annual Spring Seminar

The Heritage Hotel, Portlaoise, Co. Laois

Cost per delegate:  €468.64 approx.

Nominees: Cllrs. Browne, Hendy, Weld, Black and Fitzpatrick

 

19 April 2009

Get Elected!  You and the Media

Hodson Bay Hotel, Athlone

Cost per delegate:    €419.53 approx.

Nominees: Cllrs. O’Loughlin and L. Doyle (Cancelled)

 

23-24 April 2009

National Planning Conference

Whites Hotel of Wexford, Abbey Street, Co. Wexford

Cost per delegate:  €1029.08 approx.

Nominees: Cllrs. Byrne, Ridge, Callaghan and Conway

 

30 April-2 May 2009

Ireland at the Crossroads – Third Sector Forum Seminar

Kinglsey Hotel, Victoria Cross, Cork City

Cost per delegate:  €718.63 approx.

Nominees: Cllrs. Nolan, Byrne, Dalton and Black

 

7 May 2009

Respond!  National  Conference

Osprey Hotel and Spa, Devoy Quarter, Naas, Co. Kildare

Cost per delegate:  €303.61 approx.

Nominees: Cllr. L. Doyle

 

07-08 May 2009

25th Annual Environmental Conference

Carrigaline Court Hotel, Carrigaline, Co. Cork

Cost per delegate:  €772.64 approx.

Nominees: Cllrs. Hillis, Ridge, O’Loughlin, Browne and Fitzpatrick

 


 

23/0309

Unauthorised Developments

 

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

That the council is provided with a report from planning control in relation to the extent of unauthorised developments currently in the system, how they compare to previous years, if fines are being applied, when cases go before the courts are the council generally being awarded costs etc. Are there areas that errors are being made in relation to compliance where better information to the public would reduce complaints.  

 

The meetings administrator confirmed that a report from the Planning Department dated 19 February 2009 had been circulated to the members following the February Council meeting. 

Councillor Murphy stated that the planning system was only as good as the enforcement applied, adding that it was vital that the public play an active role in this area.  It is necessary to ensure that valid complaints are dealt with expediently.  Having regard to the report circulated, she stated that it was difficult to reconcile cases to the timelines set out in the relevant legislation.  She requested clarification as to whether the timeframes in the legislation were flexible. 

 

Mr Lahart stated that the report circulated provided a snapshot in time of work in the Enforcement Section.  He advised that the timeframes in the legislation were not mandatory, but the Enforcement Section do try to work within these timelines.  He informed the members that priority was being given to this area of work within the Planning Department and that he would be returning to Council with further reports in due course. 

 

Resolved that the report be noted.

 

24/0309

Tenant Purchase Scheme

 

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

That Kildare County Council advise tenants who have the necessary income of the benefits of the council purchase scheme; giving sample prices for houses in different areas; advising about loan/mortgage availability and likely repayments with a view to promoting stability in the housing estates and to increase the councils income and reduce its costs.

 

The meetings administrator read a report from the Housing Department setting out the current position with regard to tenant purchase and noting the introduction of a new Incremental Purchase Scheme under the Housing Act 2009.  It was agreed that a copy of the report would be circulated to the members.

 

 

Councillor McGinley stated that the Council should be proactive in informing tenants of the availability of the scheme. 

 

Resolved that the report be noted.

 

 

25/0309

Housing Grants

 

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

That the County Manager report to the council on the following:

How many are on the waiting list for the following:

(a)       Disabled Persons Grant

(b)       Housing Aid for Older People

(c )       Mobility Grants

What amount of money is required to clear the backlog in each case and the amount of money available in 2009 to Kildare County Council?

 

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

That we seek a report in relation to the Housing Adaption – Mobility Aids and Essential Repair Grants for 2009 also why we compare so unfavourably with other local authorities and what efforts have been made to maximise the grant.

 

It was agreed that both motions would be considered together.  Reports from the Housing Department were noted and it was agreed that they would be circulated to the members for information.  Mr Minnock stated that at present the Housing Department had approximately €6m worth of applications on hand.  €1m of over-expenditure was carried forward to 2009 and to date €500,000 has been spent in 2009, with a further €200,000 of grants approved and waiting to be paid out.  Therefore, €1.7m of any grant allocation for 2009 has already been committed.  He confirmed that figures had been submitted to the Department of the Environment, Heritage and Local Government and the position has been explained.  It is not expected that a grant allocation will be confirmed until after the budget on 7 April 2009. 

 

Resolved that the reports be noted.

 


 

26/0309

Housing Waiting List

 

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

That the council inform us how many individuals/families are currently on the housing waiting list, in what categories i.e. 1B, 2B and 3B.  With the reduction in house building what is the projected intake of Part 5 housing over the coming years, what numbers are likely to be delivered from the voluntary sector?  What is the estimated timeframe to clear the current waiting list?

 

The meetings administrator stated that a detailed report had been prepared by the Housing Department in relation to this motion.  Councillor Murphy requested that this motion be deferred to the April Council meeting and that the report be circulated to the members.

 

Resolved that the report be circulated and that the motion be listed again for consideration at the April Council meeting.

 

27/0309

Dumping from Vehicles

 

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

That Kildare County Council write to the Minister for Transport requesting that any person prosecuted for dumping from a vehicle receive 4 penalty points on their drivers licence.  

 

In proposing the motion Councillor Miley stated that there was a serious issue of people dumping rubbish from cars throughout the county and that tourism was suffering as a result.  Councillor Hillis requested that the word prosecuted in the motion be replaced with the word convicted.

 

Resolved on the proposal of Councillor Miley, seconded by Councillor Hillis, that a letter be sent to the Minister for Transport requesting that any person convicted for dumping from a vehicle receive 4 penalty points on their drivers licence.

 


 

28/0309

Any Other Business

 

Councillor Murphy requested clarification as to when a motion she had tabled for full Council in relation to an amendment to standing orders would be considered by the Protocol Committee.  The meetings administrator confirmed that the Protocol Committee were scheduled to meet next on 27 April 2009 and the item would be listed on the agenda for that meeting.

 

Councillor L Doyle requested that the Protocol Committee make a decision in relation to a motion he had tabled for full Council regarding honouring the memory of Mr Michael Osborne RIP.

 

 

____

 

The meeting concluded.