Councillors Banner Councillors
Default text size Large text size Extra large text size High contrast text

Home : Corporate Services : Corporate Services : Council Meetings : Kildare County Council Meetings : 2010 : Minutes



Print this Document

Minutes of the Special Planning Meeting of Kildare County Council on Thursday 25th March 2010 at 10am in Áras Chill Dara, Naas
Present were: Councillors C. Purcell Mayor, B. Weld, T. Lawlor, R. Daly, K. Byrne, J. McGinley, M. Wall, P. McEvoy, C. Murphy, S. Doyle, P. Kelly, S. Moore, M. Nolan, F. Browne, M. Miley, S. Lanigan, P. Kennedy, S. Griffin & W. Callaghan.

In attendance: M. Malone, Co. Manager, J. Lahart DOS, M. Kelly Snr. Planner, M. Foley & other Planning Officials

Also in attendance: D. L’Estrange CAAS
Michael Kenny outlined the order of business for the meeting:

1. Motions and Comments for Chapters 12, 13, 14, 15, 16, 19 & Volume 2 on Proposed Draft County Development Plan 2011-2017
2. Motions received on other chapters of the Plan dealt with at meetings on 08/03/2010, 15/03/2010 and 22/03/2010
3. Clarifications requested on items and motions raised at previous Development Plan meetings
4. Managers corrections/addendums

1. Cllr. Murphy
To include the following in the Draft County Development Plan
Key Issues for Landscape Protection in Co. Kildare: Country Houses, Parklands and Gardens

The historic buildings and their estates, parklands and historic gardens are integrated by their design into the landscape of County Kildare, as we know it. However distributed around the county are many historic houses and their attendant lodges and farm buildings, which need conscious protection from development both outside and inside their perimeters.
(Kildare County Development Plan 2005-2011, 22.1.3, p.153)

Response:
Not agreed
Already substantially included as commentary in section 12.1 and referred to in policies e.g. 
PS 17:  To protect and retain important elements of the built heritage including historic gardens, stone walls, landscapes and demesnes, and curtilage features.
HO 9: To assess the demesnes within Kildare and promote the conservation of their essential character, both built and natural, while allowing for appropriate re-use.
See also the proposed text under motion 14 below.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

2. Cllr. Murphy
PS6
To maintain the views from Castletown House to the River Liffey and to maintain views along paths within the curtilage of the House. 
This statement should be expanded to reflect the interconnectedness of the three demesnes, together with their joint value within the Liffey valley.   The “borrowed landscape” on the opposite side of the river is just as important.  

Response:
Not agreed
Policies listed below address the issues of views from Castletown and the safeguarding of the amenities of the adjoining demesnes of Donaghcumper and St Wolstans. It is considered that these policies  and other polices and objective in the Plan address the concerns of the motion.
HO 4: To protect the views at Castletown House
-axial views between the Castletown House and Conolly’s Folly
-between Castletown House and the Wonderful Barn,
-the views from the House to the river and across the back parterre
The views from the main avenue to the river towards Castletown, and up and down the river to Celbridge and New Bridges
HO 6: To safeguard the amenities of Castletown including the main avenue, Donaghcumper, St Wolstans and River Liffey environs as shown on Map 12.10.
HO 9: To assess the demesnes within Kildare and promote the conservation of their essential character, both built and natural, while allowing for appropriate re-use.

Peter Black, Conservation Officer, pointed out that views and prospects are taken account of in dealing with planning applications for protected structures.  Cllr. Murphy asked however that the policy explicitly state that.  Michael Kenny agreed to revert with an appropriate form of wording.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

3. Cllr. Cllr. Murphy
HO 3
To prepare a Local Area Plan for Castletown Demesne and in conjunction with relevant bodies to protect the views as outlined on:

Add new section to reflect the importance of the interconnectedness and the need to protect the borrowed views on the Donaghcumper side and towards the town centre.

Response:
Agreed with modifications
HO 3: To prepare a Local Area Plan for Castletown Demesne and in conjunction with relevant bodies to protect the views as outlined in HO4 and map 12.10

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

4. Cllr. McEvoy
Where planning applicants are seeking development within the curtilage of a
protected structure, that permission be conditional on the inclusion of an
active protection, and where appropriate a restorative, plan for the
protected structure; and that the future use of the protected structure be
compatible with the proposed developments.

Explanation: To avoid the abandonment and the dereliction of protected
structures on development sites.

Response:
Agreed with modifications
Ensure that in the event of a planning application being granted, for development within the curtilage of a protected structure, the proposed works to the protected structure should occur in the first phase to prevent abandonment and dereliction.

Protected Structures are addressed in the CDP under PS1-PS3, PS8-PS16,

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

5. Cllr. McEvoy
12.8.4
Motion:
(a) The Council recognises the importance of archaeology and National Monuments
as an important facility for recreation and tourism will provide public
access to Archaeological sites and National Monuments in state care, council
or private ownership and
(b)     all traditional access routes will be designated as
public rights of way. In other cases, the Council will acquire the routes,
either by agreement with landowners or by way of compulsory powers.
(c) Appropriate signage will be put in place.
(See Mayo – P/EH-AHI(d) & (i) – page 90, South Dublin - 8.3.1.iib), Louth -
CON 33 – page 43, Wicklow Pol HL32 on page 91 (& draft OBJ4 – page 197)  &
DLR – 9.2.1 - 1st pt.)

Response:
(a) Agreed with modifications
Many archaeological sites are in private ownership and therefore not accessible to the general public.
Amend policy AH8 deals with access to monuments etc in State and County Council care.
Policy AH 8: To encourage, where practicable, the provision of public access to sites identified in the Record of Monuments and Places under the direct ownership or control of the Council and State.

(b) Not agreed
There are concerns regarding what constitutes a public right of way. It appears that there is a distinction between a permission granted by the owner of land to members of the public to walk on pathways on his land and the dedication to the public of these pathways. There are also differences between what constitutes a local customary tradition as opposed to a public right of way. Furthermore, it would appear that there is no statute in Ireland which sets out clearly how long a route needs to have been used by the public with the express or implied approval of the landowner before it acquires the status of a legal right of way. While in a limited amount of cases it may be accepted that a public right of way exists it is likely that the majority would be contested. Clear and explicit guidelines to legally clarify what constitutes a public right of way would be helpful in this regard. In the absence of same, the burden of proof in each case will rest with the Local Authority who in turn may be reliant on third party submissions/ affidavits. Such cases may be particularly onerous and in some cases impossible to prove. Furthermore, the provisions of the legislation providing for attendance at the Circuit Court could result in an excessive cost burden on the local authority.
It should however, be noted that the existence or validity of any public right of way is not affected by whether or not it is included in the development plan.
Policy contained in the Plan
RW 1: To seek to protect all suitable existing right of ways particularly those which provide access to archaeological and amenity sites and to create new ones where appropriate without adversely affecting landscape, conservation interests of these sites or land ownership rights
(c) Not agreed
 See above.

Agreed on the proposal of Cllr. McEvoy, to accept the Manager’s recommendation.

6. Cllr. McEvoy
12.9
HO3 – Is incomplete. Map 12.10?

Response:
Agreed
Sentence is incomplete
HO 3: To prepare a Local Area Plan for Castletown Demesne and in conjunction with relevant bodies to protect the views as outlined in HO4 and Map 12.10

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

7. Cllr. Murphy
To include the following in the Draft County Development Plan The designated routes referred to include: Views within Castletown-Donaghcumper Rural Area: views to the south and north from Castletown House; views of the River Liffey from the main avenue of Castletown House
(Kildare County Council Development Plan 2005-2011, Table 19.6, nos. 30 & 31).
Response:
Agreed
Already included in Table 14.2 of the proposed Draft Plan (Items numbers 30 and 31).

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

8. Cllr. Murphy
To include the following in the Draft County Development Plan
SR3 “to ensure that all views from Castletown House and along the paths within the demesne are preserved and protected.”
 (Kildare County Council Development Plan 2005-2011, 19.4.1, p.65).

Response:
Not agreed
Already included as :
PS 6: To maintain the views from Castletown House to the River Liffey and to maintain   views along paths within the curtilage of the House.
See also Table 14 (numbers 30 and 31)

Agreed to defer to consideration of Motion 22.

9. Cllr. Murphy
To include the following in the Draft County Development Plan
“It is an objective of the council to preserve, improve and open up places or areas from which these views of high amenity value may be enjoyed"
(Kildare County Council Development Plan 2005-2011, Scenic designations 16.2.5)
Response:
Not agreed
Already included as :

 SR 1:  To protect views from designated scenic routes by avoiding any development that could disrupt the vistas or disproportionately impact on the landscape character of the area hereby affecting the scenic and amenity value of the views.

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

10. Cllr. Murphy
To include the following in the Draft County Development Plan It is among the objectives of Kildare County Council to:“To promote public awareness and appreciation of archaeology, architecture and the natural heritage of County Kildare in a sustainable manner, for the benefit of the tourism industry “
(Kildare County Council Development Plan 2005-2011, 13.3, Objectives (p.198),
Response:
Agreed
Motion No 42 agreed on the 15/03/10 caters for the development of heritage related tourism thus can be further amended to read as follows:

To include the following policy as ED 18: “To promote County Kildare’s cultural, literary, historical, genealogical, archaeological, architectural and natural heritage as tourism generating opportunities.”

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

11. Cllr. Murphy
To include the following in the Draft County Development Plan :It is the policy of the Council to “Protect the amenities of the county from insensitive or inappropriate development, particularly any development that threatens the tourism resources of the county”
 (13.4.1, TR9, p.199)

Response:
Agreed
Already included in Chapter 5, page 5-19 as policy ED 17 which reads as follows;
‘It is the policy of the Council to seek to maintain a clean environment, protect the tourism amenities of the county from insensitive or inappropriate development particularly any development that threatens the tourism resources and tourism employment of the county’.

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

12. Cllr. Murphy
To include the following in the Draft County Development Plan :“It is an objective of the Council to safeguard the amenities of Castletown and Donaghcumper and environs as shown on Map 20.1. This includes the main avenue and axial views between Castletown House and Connolly’s Folly, and between Castletown House and the Wonderful Barn, Leixlip, the views from the house to the river and across the back parterre and from the main avenue to the river towards Castletown, and up and down the river to Castletown and New Bridges respectively.”
(Kildare County Council Development Plan 2005-2011, 20.4.3, Views within the Curtilage of a Protected Structure)

Response:
Agreed
Already included as :
HO 4: To protect the views at Castletown House
-axial views between the Castletown House and Conolly’s Folly
-between Castletown House and the Wonderful Barn,
-the views from the House to the river and across the back parterre
The views from the main avenue to the river towards Castletown, and up and down the river to Celbridge and New Bridges

See also policy PS6 and Table 14.2 (numbers 30 and 31)

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

13. Cllr. Murphy
To include the following in the Draft County Development Plan :It is the policy of the Council to:“maintain the views from Castletown House to the River Liffey and to maintain views along paths within the curtilage.”
(Kildare County Council Development Plan 2005-2011, 20.5.3 Views within the curtilage of Protected Structures)

Response:
Agreed
Already included in table 14.2. and policy PS6
PS 6: To maintain the views from Castletown House to the River Liffey and to maintain   views along paths within the curtilage of the House
Also detail more relevant in Celbridge LAP
See also Table 14.2 (numbers 30 and 31)

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

14. Cllr. Murphy
To include the following in the Draft County Development Plan : “County Kildare boasts a large number of Country Houses and demesnes where the grounds and settings constitute an intrinsic element of their character. The County has seen an unprecedented demand for housing in recent years which has put increasing pressure on land for development. Any piecemeal development of demesnes can be detrimental to the historical and architectural importance of a structure.  It is an objective of the Council to prohibit development in gardens or landscapes which are deemed to be an important part of the setting of a Protected Structure or where they contribute to the character of an Architectural Conservation Area.
(Kildare County Council Development Plan 2005-2011, 20.4.2, Curtilage and Attendant Grounds of Protected Structures p.115)

Response:
Agreed with modifications
Insert statement at Section 12.4.1
“County Kildare boasts a large number of Country Houses and demesnes where the grounds and settings constitute an intrinsic element of their character. Piecemeal development of demesnes can be detrimental to the historical and architectural importance of the demesne and country house.  It is an objective of the Council to prohibit inappropriate development in gardens or landscapes which are deemed to be an important part of the setting of a Protected Structure or where they contribute to the character of an Architectural Conservation Area.

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

15. Cllr. Murphy
To include the following in the Draft County Development Plan : “any development within the curtilage and or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures, demesne and or attendant grounds" 
(Kildare County Council Development Plan 2005-2011, 20. 5. 2, Policy Statements (p.116, emphasis added)

Response:
Not agreed
Policies already in Plan
PS 3: To prohibit inappropriate development within the curtilage and / or attendant grounds of a Protected Structure. Any proposed development within the curtilage and/or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures, demesne and/or attendant grounds.

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

16. Cllr. Murphy
To include the following in the Draft County Development Plan : “Many non-structural elements, such as historic gardens, stone walls, ditches. make a positive contribution to our built heritage and it is an objective of the Council to protect such items……Non-structural elements can make an important contribution to the character of an area and help create a distinctive sense of place. Such items include ..[inter alia] stone walls.”
(Kildare County Council Development Plan 2005-2011, 20.4.9, p.115).

Response:
Agreed
Already included as :
PS 17:  To protect and retain important elements of the built heritage including historic gardens, stone walls, landscapes and demesnes, and curtilage features.
VA 4 To preserve the character and setting (e.g. gates and gate piers, courtyards etc.) of vernacular buildings where deemed appropriate by the planning authority

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

17. Cllr. Murphy
To include the following in the Draft County Development Plan:It is the policy of the Council:“To protect and retain important non-structural elements of the built heritage. These elements include historic gardens, stone walls, landscapes and demesnes, curtilage features and street furniture.”
(Kildare County Council Development Plan 2005-2011, 20.5.11, p.117).

Response:
Agreed
Already included as :
PS 17:  To protect and retain important elements of the built heritage including historic gardens, stone walls, landscapes and demesnes, and curtilage features.
VA 4 To preserve the character and setting (e.g. gates and gate piers, courtyards etc.) of vernacular buildings where deemed appropriate by the planning authority

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

18. Cllr. Murphy
To include the following in the Draft County Development Plan :Development Control Standards
“New developments or alterations will not be allowed to prejudice the setting or views of the Record of Protected Structures, landmark buildings, Architectural Conservation Areas etc.”
(Kildare County Council Development Plan 2005-2011, Building Height, p.227)

Response:
Agreed
Already included in the proposed Draft Plan as :
PS 3: To prohibit inappropriate development within the curtilage and / or attendant grounds of a Protected Structure. Any proposed development within the curtilage and/or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures, demesne and/or attendant grounds.
ACA 2  To ensure that any development,  modifications, alterations, or extensions within an ACA are sited and designed appropriately, and are not detrimental to the character of the structure or to its setting or the general character of the ACA.

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

19. Cllr. Murphy
To include the following in the Draft County Development Plan :It is the policy of the Council: To promote the amenity, ecological and educational value of the rivers within the County while at the same time ensuring the conservation of its fauna and flora, and protection of the quantity and quality of the water supply. (Kildare County Council Development Plan 2005-2011, 18.6, p.45)
Response:
Agreed
Insert policy in Chapter 13 – Natural Heritage / Biodiversity as follows;
‘To promote the amenity, ecological and educational value of the rivers within the County while at the same time ensuring the conservation of its fauna and flora, and protection of the quantity and quality of the water supply’

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

20. Cllr. Murphy
To include the following in the Draft County Development Plan:To pursue the establishment of the Barrow Valley, the River Liffey Valley and the Canals as Areas of Special Amenity, as per section 202 of the Planning and Development Act, 2000-2004. (Kildare County Council Development Plan 2005-2011, 18.6, p.45)
Response:
Agreed with modifications
Policies already in Plan
WC 6: To support an extension of the proposed Special Amenity Area Order for the Liffey Valley from Lucan to Leixlip (which is envisaged by the Dublin Local Authorities) to other parts of the Valley within County Kildare.
WC 7:  To explore the establishment of the Barrow Valley and the Canals as Areas of Special Amenity, as per Section 202 of the Planning and Development Act 2000, as amended
Agreed on the proposal of Cllr. Murphy, seconded by Cllr. McGinley, to accept the Manager’s recommendation.

21. Cllr. Murphy
To include the following in the Draft County Development Plan :To pursue the creation of a Liffey Valley Regional Park together with Fingal and South Dublin County Councils. (Kildare County Council Development Plan 2005-2011, p.201)
Response:
Agreed
The following policies have already been included in the proposed Draft County Development Plan.

LV 1: To progress the implementation of the flagship projects identified in the Towards a Liffey Valley Park Strategy.
WC 6: To support an extension of the proposed Special Amenity Area Order for the Liffey Valley from Lucan to Leixlip (which is envisaged by the Dublin Local Authorities) to other parts of the Valley within County Kildare Agreed with modifications
Insert new policy in Chapter 14 as follows;
‘To pursue the creation of a Liffey Valley Regional Park together with Fingal and South Dublin County Councils’

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

22. Cllr. Murphy
PS2
“To protect the curtilage of protected structures or proposed protected structures from any development which would cause loss of or damage to the special character of the protected structure and loss of or damage to,  any structures of heritage value within the curtilage of the protected structure.”
PS3
“To prohibit inappropriate development within the curtilage and /or attendant grounds of a Protected Structure.  Any proposed development within the curtilage and /or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures demesne and or attendant grounds.”
I agree with the above two policy statements, however, they are a major conflict to lands zoned for a town centre expansion in Celbridge,   at Donaghcumper,   given that the lands are within the curtilage of the Donaghcumper Demesne which is protected.   The Council commissioned Dr John Olley to do a report and he concluded that Castletown/Donaghcumper/St Wolstans are linked and designed landscapes,   all three are protected.   

My motion is seeking to downzone the town centre extension lands in order that it is in compliance with the above policy statements.

Response:
Not Agreed
The town centre lands referred to in this motion were zoned as such in the Celbridge Development Plan 2002 and the Celbridge Local Area Plan 2010.
The town centre extension lands in question are currently zoned ‘Retail/ Commercial’ in the recently adopted Celbridge Local Area Plan 2010. They constitute an appropriate area for the town centre to expand into where the range of uses and facilities that one might expect in a town centre area could be developed. The lands in question are not included within the boundary of the area to be protected outlined on Map 12.10 in the proposed Draft County Development Plan 2011-2017.
It is noted that there have been and that there are currently application(s) to carry out significant town centre type development on these lands.
Downzoning is not recommended.

Cllr. Murphy referred to the number of planning applications on this site, one of
which was for a number of high rise apartment blocks, which she said was never expected for this site.  Cllr. McEvoy seconded the motion and said other counties had downzoned.  Cllr. Kelly referred to the decisions during the last two reviews of the Celbridge Local Area Plan to zone this land for town centre use and said the planning process would deal with any planning applications.  He also referred to the rezoning of a retail site in Celbridge to residential, which meant that this site was the only other suitable location for retail.  John Lahart said the site was quite a distance from Castletown House, was screened by trees, was immediately attached to the existing town centre where there will be more demand for retail, leisure etc. as the population grows.  He said design issues can be dealt with at planning application stage and appropriate mitigation measures can be used to lessen the impact of any development.  The Manager added that there was a long standing zoning expectation attached to the site and which if changed could lead to a legal challenge by the owners.

Further discussion took place followed by a vote in which Cllr. Murphy’s motion was defeated by 11 votes to 2.

Agreed to accept the Manager’s recommendation.

23. Cllr. Murphy
Celbridge Development Plan 2002
Policies and objectives omitted from LAP 2010 which should be inserted in draft County Development Plan:

(A) “Protect, conserve and enhance the environmental qualities of town” and “acknowledging the need to protect the distinctive heritage character of Celbridge”.
(This could be worded as a general goal to protect and conserve the distinctive heritage of towns such as Celbridge and Maynooth and to enhance the environmental qualities of towns throughout the county)
(B) Include also objectives for urban and village renewal (ref. 2.8.1, paras. 3, 4, & 5  in Celbridge Plan 2002)
1.4 Preservation of the streetscape
1.8 Historical context – Imposing gates etc

(C) Section 2.7.4 Retail/Commercial/Town Centre Policy
“To protect and enhance the amenities and Georgian character of the town. The Council will seek to balance the competing needs of commercial, service, social and cultural functions which the town centre performs with the need to protect the strong architectural quality of streetscape which has evolved over time. This will apply to skyline, shopfronts, advertising structures and general architectural quality of any change of elevations.”
2.11 Conservation and the built environment: Kildare County Council’s objectives for the conservation of the built environment are based on a recognition of the importance of the overall cohesiveness of the centre and the preservation of all items of heritage interest listed for preservation and their environs /setting and “not permit development which would destroy or detract from their amenity value.” (2.11.2).
Section 2.7.4 Retail/Commercial/Town Centre Policy includes “ensuring that new developments will harmonise in design, scale and external finish with the existing character of the town centre.”
 (These could be stated as general policies to protect the character of town centres)

Response:
Not agreed
The Development Plan sets out the overall vision, strategies, policies and objectives for the county as a whole. It establishes the framework for the preparation of Local Area Plans for the County’s main towns and villages. The insertion into the new County Development Plan for significant sections of a superseded Local Area Plan would be inappropriate and be at odds with the requirements of the County Development Plan. If it is considered that there are omissions from the recently adopted Celbridge Local Area Plan (January 2010), the appropriate method to deal with this is to amend the Local Area Plan for the town. 
Notwithstanding the above, it should be noted that the Celbridge Local Area Plan 2010 lists a number of objectives to protect the environmental and heritage distinctiveness of Celbridge including objectives that address the following; wildlife sites (NH1 and NH2), trees (NH5), views and prospects (NH7), natural habitats (NH8), water bodies (NH9), the retention of original or early building fabric (BH1), vernacular architecture (BH2), built heritage items (BH 4), archaeological interest (AH1), burial grounds (AH2) and the zone of archaeological potential (ZAP 1).

It is considered that the inclusion of these objectives is sufficient to ensure the preservation and enhancement of the built and natural heritage in Celbridge.

(B) Not agreed
Final grant payments were made under the Urban and Village Renewal programme 2000-2006 before 31st January 2008. The programme is now closed and in this regard it is not considered appropriate to insert those paragraphs referred to.

(C) Agreed with modifications
To insert the following policies in Section 9.6.2 of Chapter 9;
‘It is the policy of the Council to protect and enhance the amenities and character of town centres. The Council will seek to balance the competing needs of commercial, service, social and cultural functions which town centres perform with the need to protect recognised architectural quality of streetscapes. This will apply to skyline, shop fronts and advertising structures’

…and to amend R39 to read as follows:

‘It is the policy of the Council to ensure that the best quality of design is achieved for all new retail development and that design respects and enhances the specific characteristics of the different towns and villages in the county in terms of design, scale and external finishes’.

Agreed on the proposal of Cllr. Murphy, to accept the Manager’s recommendation.

24. Cllr. McEvoy
That the protected structure, 11808001, a detached, four-bay, single-storey outbuilding, be added to the Kildare CDP.

Explanation:
The structure concerned is a classic example of the Coach Houses which were constructed to serve the Bianconi Stage Coach service which was extended throughout the country from Cork to Belfast. The Clane Stop is typical of a number which were located in north Kildare but which have, over the years, been demolished or altered. This building operated in conjunction with Clane’s original Post Office, which was located in the adjacent end-of-street premises with the Coach Yard to its rear. Historical maps refer to it as a post office.

Response:
Agreed with modifications.
Motion not agreed given timescale however it is proposed to amend policy in relation to the Architectural Conservation Areas to include Clane where buildings such as the one proposed will be examined.
Amended Policy in Section 12.8.3 to read as follows:
ACA 1 To investigate the designation of further ACAs at appropriate locations throughout the county to include Celbridge, Kildare Town, Johnstown, Ballymore Eustace, Kilcullen, Brannockstown , Rathmore, Clane and
            Newbridge

Cllr. McEvoy pointed out that the structure was already on the National Inventory of Architectural Heritage.  Michael Kenny agreed to add it to the RPS if appropriate.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

25. Cllr. McEvoy
That the Boy's Old School, Celbridge Rd, Clane be added to the Record of Protected Structures

Explanation:
Constructed in the early 1800's by the Parish. Please refer to records in Rev Martin Brennan, Schools of Kildare and Leighlin, 1775-1835.

 Response:
Agreed with modifications.
Motion not agreed given timescale however it is proposed to amend policy in relation to the Architectural Conservation Areas to include Clane where buildings such as the one proposed will be examined.

Amended Policy in Section 12.8.3 to read as follows:

ACA 1 To investigate the designation of further ACAs at appropriate locations throughout the county to include Celbridge, Kildare Town, Johnstown, Ballymore Eustace, Kilcullen, Brannockstown , Rathmore, Clane and
            Newbridge

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

26. Cllr. McEvoy
That the cottages located opposite the Stream in Clane be added to the list of protected structures.

Explanation:
That the Kildare County Council build properties, dating from 1905, which have distinctive vernacular style and form the historic entrance to Clane be protected.

Response:
Not agreed
Motion not agreed given timescale however it is proposed to amend policy in relation to the Architectural Conservation Areas to include Clane where buildings such as the one proposed will be examined.

Amended Policy in Section 12.8.3 to read as follows:
ACA 1 To investigate the designation of further ACAs at appropriate locations throughout the county to include Celbridge, Kildare Town, Johnstown, Ballymore Eustace, Kilcullen, Brannockstown , Rathmore, Clane and
            Newbridge

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

Cllr. Murphy commented on the fact that the designation of an Architectural Conservation Area did not afford adequate protection as a mast had been permitted in one in Leixlip.  Michael Kenny said work would be required on all the ACAs during the lifetime of the Plan.

Cllr. S. Doyle referred to the RPS and asked that it be gone through at Area Committee level while the Plan was on public display, as it was too onerous a task to do so at this meeting.  This was agreed.

27. Cllr. McEvoy
Chapter 13:
Motion:
That it is policy to implement the key objectives and associated actions identified in the county heritage plan and any revision thereof.

Response:
Agreed
To implement the key objectives and associated actions identified in the county heritage plan and any revision thereof.

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

28. Cllr. McEvoy
13.8.1
Motion: To encourage and promote access to Kildare’s Natural Heritage 

Response:
Agreed
The Plan includes numerous policies to encourage and promote access to Kildare’s Natural Heritage incl.
WC 5: canals and rivers
WC 6: Liffey Valley
WC 7:  Barrow Valley and the Canals
PF 3: Pollardstown Fen Area
CR 2: woodland areas
CR 3: County Walking Strategy
CR 4: long distance walking routes.
CR 5: disused sections of railway lines and canals in the County.
CR 6: heritage trails and Slí Na Slainte routes. 
CR 7:  the canals and watercourses

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

29. Cllr. McEvoy
13.8.6
Motion:
To encourage and promote access to Geological and geomorphological features
of heritage value.(See Galway – Pol HL 40 – page 89. See also Wicklow draft
–DR GY3 – page 204.)

Response:
Agreed with modifications
Insert new policy in section 13.8.6
Encourage, where practicable, and when not in conflict with ownership rights, access to geological and geomorphological features identified in the CDP.

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

30. Cllr. McEvoy
Motion:
To undertake a feasibility study to report, within one year of the adoption
of this Plan, on areas which are considered to be suitable for designation
of a National Parks which provide protection for flora and fauna and are a major recreational resource and that the Council will liaise with the
Department of the Environment, Heritage and Local Government.

Response:
Not agreed
Comment:
The designation of National Parks is the responsibility National Parks and Wildlife Service of the DoEHLG.

In 1969, the International Union for the Conservation of Nature (IUCN) recommended that all governments agree to reserve the term 'National Park' to areas sharing the following characteristics:
• Where one or several ecosystems are not materially altered by human exploitation and occupation; where plant and animal species, geomorphological sites and habitats are of special scientific, educational and recreational interest or which contain a natural landscape of great beauty;
• Where the highest competent authority of the country has taken steps to prevent or eliminate as soon as possible exploitation or occupation in the whole area and to enforce effectively the respect of ecological, geomorphological or aesthetic features which have led to its establishment;
• Where visitors are allowed to enter, under special conditions, for inspirational, educational, cultural and recreational purposes.
It is the policy of the Department of the Environment, Heritage and Local Government to abide by the criteria and standards for National Parks as set by the IUCN.

There are policies within the Plan which allows for the identification and protection of Local Biodiversity Important Areas ( NHO1)

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

31. Cllr. Murphy
AR9 Objective of the Development Plan to preserve the existing river landscape” (p.45 of the Celbridge Development Plan 2002).

Response:
Not agreed
The Plan contains policies in chapter 12 (WC1-WC7) which seeks to protect the watercourses of the county in terms of landscape.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

32. Cllr. Murphy
Co-operate with neighbouring local authorities in the development of cycling and walking routes along the canals.  A lot done by South Dublin Council on Grand Canal we need to add to this.

Response:
Agreed
The concerns raised in the motion have already been addressed by the inclusion of the following policy in the proposed Draft County Development Plan (CR7 in Chapter 14);
‘It is the policy of the Council to facilitate, where appropriate, the provision of cycle-ways or walkways along the extent of the canals and watercourses in the county in co-operation with landowners, Waterways Ireland, DoEHLG and other Local Authorities’. 

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

33. Cllr. Murphy
14-10 Table
RL3
 Celbridge Bridge,   difficult to see how we can protect the view of the Liffey valley from here given that  9 blocks of up to 7 story buildings are what developer is seeking.   Seeking to have land downzoned.

Response:
Not Agreed
See response to Motion 22 

34. Cllr. Murphy
WC6
Special Amenity Area Order for Liffey Valley.   Need to decide the location for such an order, and then state that in the plan.  

Response:
Not Agreed
Location and extent of SAAO to be decided following full study.
Policy in proposed Draft Plan
WC6:    To support an extension of the proposed Special Amenity Area Order for the Liffey Valley from Lucan to Leixlip (which is envisaged by the Dublin Local Authorities) to other parts of the Valley within County Kildare.
See also Motion 41.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

35. Cllr. Murphy
14-16 Welcome the audit of facilities,   however,   want to see a positive statement on the need for a public swimming pool in North Kildare contained in the plan.

Response:
Agreed 
Add the following objective to section 14.12:
RA 9: Public swimming pools have been provided in Athy and Naas to service the south and mid county areas. It is an objective of Kildare County Council to complete the swimming pool programme which will meet the needs of the whole county through the provision of a north Kildare swimming pool within the Leixlip Amenities Campus. 

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

36. Cllr. McEvoy
(3)    Mayo – P/ED - A 5 - page 51 provides: it is the policy of the Council
to identify existing rights of way and established walking routes before
planting commences. See also Carlow – page 82 – 6th pt.

Response:
Not agreed
Policy already in Plan
FT5 To promote forestry development of appropriate scale and character whilst ensuring that such development does not have a negative impact on the countryside, (including public access/rights of way) or cause pollution or degradation of wildlife habitats, natural waters or areas of ecological importance.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

37. Cllr. McEvoy
(6)    To protect access routes to upland walks and rights of way. (See
Donegal – NRD 27 – page 74.)

Response:
Not agreed
Policy in Proposed Draft Plan
FT5: To promote forestry development of appropriate scale and character whilst ensuring that such development does not have a negative impact on the countryside, (including public access/rights of way) or cause pollution or degradation of wildlife habitats, natural waters or areas of ecological importance.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

38. Cllr. McEvoy
Where possible the Council will preserve the open character of commonage and
other hill land and will secure access thereto

Response:
Agreed with modifications
Insert policy as follows;
‘To seek where possible to preserve the open character of commonage.’

Comment:
The issue of rights of way regarding access/rights of way has been addressed in other motions and policies in the draft county development plan.

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

39. Cllr. McEvoy
14.1  2nd para, last sentence should mention the Rivers Slate and Boyne.

Response:
Agreed
Change shall be made to text of page 14-1
Inland waters comprising the River Liffey, River Barrow, River Slate , River Boyne, Royal Canal and Grand Canal traverse the county providing important landscape features.
Agreed on the proposal of Cllr. McEvoy, seconded by Cllr. Murphy, to accept the Manager’s recommendation.

40. Cllr. McEvoy
14.7 Should be extended to mention fixed and wheeled signage
To reflect the practice of people using wheel vehicles for signage

Response:
Agreed with modifications
Amend policy LA 5 on page 14-11 to read as follows:
LA 5:  To not permit advertising structures and hoardings in the open countryside. The Council will use its enforcement powers under the Planning Acts to secure the removal of unauthorised advertising signs and hoardings including those that are affixed to trailers, wheeled vehicles etc.
Agreed on the proposal of Cllr. McEvoy, seconded by Cllr. Murphy, to accept the Manager’s recommendation.

41. Cllr. McEvoy
14.7.5 – WC 6: Add promote in addition to support.

Response:
14.7.5 – WC 6: Add promote in addition to support.

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

42. Cllr. McEvoy
14.10.3  Include: mountain and other off-road biking, nature trails,
wildlife trails, maritime trails, bird watching, painting, photograph, field
studies, back-packing, orienteering, para- and hang- gliding, canoeing &
kayaking, caving, rock climbing, adventure sports, swimming in waterways,
wild camping, pony trekking, boating and archaeological guided walks.

Response:
Agreed with modification
Countryside recreation includes a wide range of activities including horse riding, cycling, walking, picnicking, country drives, off-road biking, nature trails, bird watching, painting, photograph, field studies,  orienteering, para- and hang- gliding, adventure sports, camping, archaeological guided walks and water related activities.

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

43. Cllr. McEvoy
14.11.1 – The disused railways and canals should be named.

Response:
Agreed
CR 5: To investigate the possibility of developing long distance walking routes along disused sections of railway lines (Tullow line) and canals in the County (Corbally Line, Blackwood Feeder, and Mountmellick Line).
 
Agreed on the proposal of Cllr. McEvoy, seconded by Cllr. Murphy, to accept the Manager’s recommendation.

44. Cllr. McEvoy
Protect and promote Greenways and consider designating them as public rights of way.

Response:
Agreed with modifications
Amend objective RAO 5 (page 14-21) as follows;
‘To protect and develop substantial connected networks of green spaces in urban areas and urban fringe areas adjacent to the countryside to serve the growing communities in urban centres’.

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

45. Cllr. McEvoy
National Trails Network, Sli na Slainte and other defined walking trails and cycle routes should be promoted, improved developed and listed in development plans with accompanying maps. (See Offaly Pol 15-06, Wicklow –
4.2.2 – 1, South Dublin 7.8.1.iv – 2nd pt & Fingal – GBO10 – page 159)

Response:
Agreed with Modifications
CR 3: To develop and implement a County Walking Strategy for the county in consultation with statutory bodies and landowners, and in accordance with recommendations of County Kildare Walking Routes Project, 2005. This strategy will seek to identify established walking routes in the county, evaluate these routes and make recommendations for their promotion.

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

46. Cllr. McEvoy
Walking
Facilitate the provision of car parks for walkers at appropriate access points to amenities. (See Kerry SG 9-26b).

Response:
Agreed
Comment
This policy can be facilitated in the development of a Walking Strategy for the county see policy CR3 (see motion 47 below)

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

47. Cllr. McEvoy
Research and map the existing network of traditional paths used for leisure purposes with the intention of determining the legal basis and status of their use. (See Carlow – 2nd pt in list of pts – page 81.)

Response:
Agreed with Modifications
CR 3: To develop and implement a County Walking Strategy for the county in consultation with statutory bodies and landowners, and in accordance with recommendations of County Kildare Walking Routes Project, 2005. This strategy will seek to identify established walking routes in the county, evaluate these routes and make recommendations for their promotion.

Comment
This motion can be achieved through the development of a walking strategy

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

48. Cllr. McEvoy
Register of Walking Routes – The Council shall establish a Register of all walking routes and preserve, protect and add additional walking routes. (see
Wexford – 8.2.1 – 2nd last para.)

Response:
Agreed with Modifications
See addition to existing policy in Proposed Draft Plan
CR 3: To develop and implement a County Walking Strategy for the county in consultation with statutory bodies and landowners, and in accordance with recommendations of County Kildare Walking Routes Project, 2005. This strategy will seek to identify established walking routes in the county, evaluate these routes and make recommendations for their promotion.

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

49. Cllr. McEvoy
Map(s) showing walking routes should be included. (See Cavan – 8.17.1.9. &
Louth - 6.7.1.  )

Response:
Agreed with Modifications
CR 3: To develop and implement a County Walking Strategy for the county in consultation with statutory bodies and landowners, and in accordance with recommendations of County Kildare Walking Routes Project, 2005. This strategy will seek to identify established walking routes in the county, evaluate these routes and make recommendations for their promotion.

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

50. Cllr. McEvoy
Promote guided walks (see Mayo – P/ED – T8 – page 53.)
Response:
Not agreed
Not a matter for the proposed County Development Plan. It will be considered as part of the review of the Heritage Plan.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

51. Cllr. McEvoy
Prohibit the intrusion of development along public walking routes and public
rights of way, particularly those in scenic areas and along inland
waterways.(see  Galway - 8.5.1 – CS26. See also Clare – CDP 80 –5th line.)

Response:
Agreed with modification
Insert new policy in section 14.11.1 as follows
‘To seek to ensure that new development will not have a negative impact on established walking routes/ public rights of way, in particular in areas of high amenity and along the inland waterways of the county’.
In policy RW1 (page 14-19) in the Proposed Draft Plan also addresses this motion as follows:
RW 1: To seek to protect all suitable existing right of ways particularly those which provide access to archaeological and amenity sites and to create new ones where appropriate without adversely affecting landscape, conservation interests of these sites or land ownership rights

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

52. Cllr. McEvoy
Protect the integrity of walking routes. (See Limerick – Pol CR24 – page
74.)

Response:
Agreed with modification
See motion 51 above.

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

53. Cllr. McEvoy
Bike Trails should be mentioned (see Fingal GBP7 – page 158.)

Response:
Agreed with modifications
Insert new policy as follows;

‘To promote the expansion of cycle facilities throughout the county and to liaise with Failte Ireland and the Sports Council in the development of cycling touring routes throughout the county.’

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

54. Cllr. McEvoy
Routes should follow in order of preference :off-road tracks, quiet country roads and regional or national roads. (See Kerry 9.7.6.)

Response:
Not agreed
Comments
This motion can be incorporated in to proposed policy for motion 45

Agreed on the proposal of Cllr. McEvoy, to accept the Manager’s recommendation.

55. Cllr. McEvoy
14.11.2 
There are limits in the proposed policy.
Consider the following issues:
The Planning and Development Act 2000 greatly facilitates the confirmation of existing rights of way. The rights of landowners to be kept advised at all stages of the procedures is clearly set-out and they should have nothing
to fear. In fact it is very much in their interest in that, if there is a
clearly marked network of rights of way, it would be quite reasonable for them to refuse access to other land.

As well as affecting the rights of local people it impacts severely on
walking tourism.
Many walking routes, old green roads and mass paths have been lost due to development pressure. Once these routes are built-on they are lost forever. Many of them were probably public rights of way. The CDP is an opportunity
to address this issue to anticipate further  problems before entrenched
positions are taken-up.

The Draft/Plan makes reference to walking trails which is c commendable.
However it must be recognised that these are permission footpaths.
Permission can be withdrawn without notice for whatever reason or for no reason. The fact that most of them are open at the moment is no guarantee for the future. A change in ownership can lead to a change in attitude.
From time to time farm organisations, in pursuance of a dispute with the Government, have threatened to close off the entire countryside outside the
National Parks and Coillte. Also routes on the Way-marked Ways are frequently altered without notice and are frequently re-routed through boring Sitka spruce forestry or worse still on public roads which can be
highly dangerous.

The need for reasonable access to the countryside has been recognised as far back as 1997 by the then Dept of Sports (see appendix 1) and by the EU (see
appendix 2). This denial of access has not only affected local people but has been the major cause of the failure of (hill-)walking tourism to reach its full potential.

The need for an actual list of rights of way to be included in the plan with
the accompanying maps and waymarking is now recognized and progress has been made in other counties as follows:
A – Rights of Way listed:
Dunlaoire/Rathdown 9.2.14 - 28 rights of way(all rural) are listed and mapped in their Plan. Signing posting has commenced.
Clare - 3.1 -2nd pt - page 87 - Rights of Way in Ennis and the Environs have been listed there is a commitment to list in the rest of the county.
Sth Tipp - 6.3.7 - 3rd para - Some rights of way listed.
Counties where listing is to be completed within two years:
Kilkenny -7.3.5.2 – Action.
Meath - 8.2.16.
Fingal - page 158 - GBO 2.
Mayo - O/TI PC 2 – page 62.
Carlow – page 82 – 5th pt
C – Counties who have provided for listing with no target date:
South Dublin – 9.5.9.iv
Leitrim – 2.09.07 – Obj 9.7d.
Longford – AM4 – 6th line – page 138.

Response:
Not agreed
Section 14.11.2 contains the following policy:
RW 1: To seek to protect all suitable existing right of ways particularly those which provide access to archaeological and amenity sites and to create new ones where appropriate without adversely affecting landscape, conservation interests of these sites or land ownership rights
Additional policies proposed during the consideration of the proposed Draft Plan will also assist in addressing this motion.

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

56. Cllr. McEvoy
The task of listing would be greatly facilitated by the appointment of an
Access Officer. This has been done in many counties. Pending his
appointment, perhaps the Heritage Officer could start the ball rolling. The
work is reasonably limited and can be facilitated through gathering
information through history groups

Response:
Not agreed
Staffing not a matter for the county development plan.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

57. Cllr. McEvoy
List existing public rights of way, within one year of the adoption of
the plan, but if the examination of traditional walking routes for possible designation is not completed within this time, that an Interim List will be
prepared. The list will be accompanied by detailed maps showing the actual
routes and the appropriate signage will be put in place. The list will be
included in the Plan by way of Variation.

Response:
Not agreed
See comments for motion no 55 above.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

58. Cllr. McEvoy
Protect, preserve, promote, enhance, improve and maintain, for the common good, existing rights of way.

Response:
Not agreed
Many rights of way are through private property and therefore their maintenance is not the responsibility of the Local Authority.

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

59. Cllr. McEvoy
Create new rights of way, as required, or extend existing rights of way
either by agreement or by way of compulsory powers in the interest of
ensuring access to amenities, including the coast, upland areas, lake
shores, river banks, and heritage sites and National Monuments. In
particular, rights of way should be provided to from built-up areas to the
countryside.  (see Meath HER POL 38 – page 318, Sth Dublin 9.5.9.iii  Carlow
– 5th pt on page 82, DLR draft Amendments – 9.4.6 Pol LHB22 – 2nd pt, &
Fingal GPD 6 – page 158.)

Response:
Not agreed
Policy in Proposed Draft Plan:
RW 1: To seek to protect all suitable existing right of ways particularly those which provide access to archaeological and amenity sites and to create new ones where appropriate without adversely affecting landscape, conservation interests of these sites or land ownership rights

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

60. Cllr. McEvoy
Prohibit development and keep free from obstruction existing rights of
way and walking routes, and take legal action if necessary to prevent any
attempt to close them off. (See Fingal GB04 – page 158.)

Response:
Agreed with modification

To seek to ensure that development will not be permitted which has a negative impact on established public rights of way.

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

61. Cllr. McEvoy
Look favourably upon planning applications which include proposals to
improve the condition and appearance of existing rights of way. – Fingal
GB08.

Response:
Agreed with modification
New Policy insert into Chapter 14
To seek to improve the condition and appearance of existing rights of ways as part of a proposed development, where the applicant has confirmed legal status of existing rights of way

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

62. Cllr. McEvoy
Developments will not be permitted where a public way will be affected
unless the level of amenity is minimised by:

(i) The footpath/bridleway being diverted by the minimum practical distance
and the route continuing to be segregated from vehicular traffic;
(ii)  Appropriate legal procedures have been undertaken to extinguish the
existing right of way and to establish the new right of way to replace it.”
– Leitrim – 3.04.12. See also Fingal GBO9 – page 159 & Carlow – 8th pt on
page 82.

Response:
Agreed with modification
New Policy insert into Chapter 14
To seek to ensure that development will not have a negative impact on established public rights of way.

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

63. Cllr. McEvoy
Existing Rights of Way and established walking routes shall be identified
prior to any new planting, new infrastructural development and any new
energy/ telecommunications developments.  Carlow – 6th pt in list of pts on
page 82.

Response:
Agreed with modifications
To identify existing Rights of Way and walking routes prior to any new planting, new infrastructural development and any new energy/ telecommunications developments

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

64. Cllr. McEvoy
Access to Natural Amenities – There should be a policy on this: The Council
recognizes the role played by Natural Amenities is a major resource for
visitors and local people and will support and promote public access to
coastal, mountains, rivers, lakes and other natural amenities. (See Leitrim
– 6.6f, Laois – 4.55 – page – 45 & NH10 – 6th pt  - page 84, Louth 2.6.1 &
CON 32 – page 43 & Sligo - 4.3.5.2D & 5.6.3G.)

Response:
Agreed
See response to motion 11 above.
Policy already in Plan (ED 17) as follows;
‘It is the policy of the Council to seek to maintain a clean environment, protect the tourism amenities of the county from insensitive or inappropriate development particularly any development that threatens the tourism resources and tourism employment of the county’.

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

65. Cllr. McEvoy
OMMISION
Golf Courses –  Proposals for golf courses must not impinge on any right of way or walking route. (See Meath – Dev Ass Criteria – 4th pt – page 252.)

Response:
Not agreed
Policy already in plan:
RW 1: To seek to protect all suitable existing right of ways particularly those which provide access to archaeological and amenity sites and to create new ones where appropriate without adversely affecting landscape, conservation interests of these sites or land ownership rights.

Same as proposed new policy for motion 86
To seek to ensure that development will not be permitted which has a negative impact on established public rights of way.

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

66. Cllr. Murphy
Amenity and Recreation
1 AR5  Tree Preservation
It is a specific objective of the Development Plan to protect trees or groups of trees at selected locations including the lands of Donaghcumper (Celbridge Development Plan 2002, p.45).

Response:
Not agreed
The objective is already contained in the Celbridge Local Area Plan 2010 (NH 5 in Section 12.2) which reads as follows;
To protect, by way of Tree Preservation Orders, trees and groups of trees of special amenity value…On the lands at Donaghcumper’

The following policies are already contained in the Proposed Draft Plan in relation to the county at large;

NHO 3: To undertake a study to survey, document and map significant mature trees and groups of trees of high amenity or biodiversity value within the county at appropriate locations subject to funding.
NHO 4: To investigate the use of Tree Preservation Orders under the Planning Act 2000, as amended, to protect significant trees in the county as identified in tree surveys.
Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

67. Cllr. McEvoy
14.7 3 – A policy on fencing of hitherto open land:  (examples drawn from
Mayo & Galway CDPs
It is a requirement of the Planning Regulations – 2001 - 9.(I)(a)(x) that the fencing or enclosure of land open to or used by the public during the ten years preceding such fencing or enclosure, for recreational purposes or as a means of access to any seashore, mountain, lakeshore or other place of natural beauty or recreational utility requires planning permission.

There has been a large increase in the amount of new fencing in the upland areas of the County. Barbed wire has been used in most of this new fencing, which, in the absence of stiles or gates, makes access for recreational users of our countryside almost impossible. The provision of stiles or gates, while it solves the problem of access, does not in any way ameliorate the unsightly effect of wire fencing and destroys the “away from it all” ambience which makes the upland areas such an attraction for both local people and visitors to our countryside.

Traditional hill-sheep farming rarely required fencing, but since the introduction of REPS, sheep-farmers must stock-proof their land. We have been informed by REPS planners that, in many cases, such fencing is unnecessary. Traditional fencing methods: hedgerows, ditches and stone walls are now rarely used. The challenge is to ensure that such fencing will be done in a manner that will meet the requirements of REPS without impinging on access for hill walkers and other recreational users. Taking account of a) the needs of farmers and b) the desirability of maintaining access for hill walkers the Council will use the following criteria when considering applications for new fencing on hitherto open land: In the context of the fundamental change in direction of agricultural following the introduction
of the Single Payments Scheme the number of sheep in upland areas has been substantially and that fencing of these areas will be largely unnecessary.
Much wire fencing being erected now will, therefore, be redundant. It will eventually fall down and will become a danger to recreational users who might trip over it. It would also constitute litter.

“ Fencing in upland or amenity areas will not normally be permitted unless such fencing is essential to the viability of the farm and conforms to best agricultural practice. The sole reason that fencing is required to comply with requirements of the Rural Environmental Protection Scheme or any other Government regulation will not constitute a sufficient reason for it being permitted.

The nature of the material to be used , the height of the fence, and in the case of a wire fence the type of wire to be used will be taken into account.
Barbed-wire will not be used for the top line of wire.
Stiles or gates at appropriate places will be required.
All permissions will be for a maximum period of ten years. At the end of that time unless the planning permission is renewed all materials must be removed.”
It should be noted that the EU is taking legal proceedings against Ireland for permitting the unnecessary erection of fencing in the uplands. 

Response:
Agreed with modifications
See proposed new policy for motion 73.
Where possible the Council will seek to preserve the open character of commonage.

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

68. Cllr. S. Doyle
That we continue with our very successful policy of planting gateway roundabouts within the County with innovative themed designs.

Response:
Agreed with modifications
It is the policy of the Council to plant gateway roundabouts within the County with innovative design themes having regard to traffic safety. 

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

69. Cllr. Murphy
Chapter 15
Urban Design
Permeability - need a positive design statement about passive security, lighting, in relation to lanes.   Unfortunately we have had to close some of them because nearby residents were plagued.

Response:
Agreed
The sentiment of the motion is already contained in the proposed Draft County Development Plan 2011-2017.
Section 15.8.1 Permeability deals with movement and connections. Thus helping to create successful places which are easy to get to and move through. The following sections deal with passive surveillance of the public realm
Section 15.8.3 Streetscape
All streets/roads, walking/cycling routes and public spaces shall be overlooked by adjoining accommodation to ensure passive surveillance to diminish the need for CCTV technology. The creation of observed public spaces and route ways shall not reduce or detract from the private nature of other spaces and buildings.
Section 18.8.6 Cycling and Pedestrian Linkages
Cycling and pedestrian linkages are necessary to promote integration and sustainable development patterns. New development should seek to achieve:
• Convenient and prominent pedestrian access points in terms of signage, lighting and gradients;
• A pattern of footpaths/pavements, which allows easy permeability; a choice of routes filtering through the area;
• Routes from houses to local facilities, including shops, schools and bus stops, shall be as direct and pleasant avoiding steep slopes or steps/kerbs where possible.
• Utilising green open space networks for longer distance walks.
Providing dedicated pedestrian routes along green corridors.

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

70. Cllr. S. Doyle
Architecture and Design of our built environment while embracing innovation should have regard for the continuity of existing design and where urban design is poor a clear definition of what we aim to achieve through future developments should be set in LAPs and consistently adhered to.

Response:
Agreed
Chapter 15, Urban Design Guidelines, outlines principles to guide design within existing town and village cores and urban expansion areas
In particular section 15.7 Detailed Urban Design Considerations outlines the urban design principles for sites within existing developed areas. Section 15.8 outlines the overall urban design principles for new layouts adjacent to developed areas. All LAPs shall have regard to the policies outlined in the County Development Plan and it is envisaged that these principles will be included in future LAPs.

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

71. Cllr. Griffin
Chapter 16;
16;5;2 ; Key principles.  Delete bullet points 5 & 7.

Response:
Agreed with modifications
Bullet point 5 – Agreed with modifications
The way the roof edges are constructed is critical to the successful appearance of a house. Most new houses are constructed where the roof sits as a ‘lid’ oversailing the external walls. More often than not these are finished in white uPVC, a detail that, perhaps more than any other sets them apart from the rural vernacular context.
Amend fifth bullet point on page 16-10 of the proposed Draft County Development Plan 2011-2017 to read as follows:
‘Overhanging eaves should be avoided.’
Bullet Point 7 – Agreed

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

72. Cllr. Griffin
16.5.3 ; Delete bullet point 1 & 9 (look at the wood  in the Naas town council offices)

Response:
Bullet point 1 – Agreed with modifications
Amend first bullet point on page 16-11 of the proposed Draft County Development Plan 2011-2017 to read as follows:
‘Some uPVC window systems can appear chunky and two dimensional, especially where false Georgian bar strips are used - something which should be especially avoided.’
Bullet point 9 – Agreed

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

73. Cllr. Griffin
16;5;4 ; Retain the panel but delete the sheeting of doors.

Response:
Agreed with modifications
Amend second bullet point on page 16-12 of the Proposed Draft County Development Plan 2011-2017 to read as follows:
‘The most successful type of doors are tongue and groove vertical boarded or panelled timber doors.’

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

74. Cllr. S. Doyle
Develop a design manual for single rural housing, promoting a range of architecturally designed houses that will enhance the rural built environment and provide a sense of place to the rural Countryside of County Kildare.

Response:
Not agreed
Chapter 16 Rural Design Guidelines was included in the Draft County Development Plan 2011-2017 which outlines guiding principles for potential applicants proposing to build, renovate or extend individual houses in rural county Kildare.

Agreed on the proposal of Cllr. S. Doyle, to accept the Manager’s recommendation.  It was also agreed to refer the issue to the Planning & Economic Development SPC

75. Cllr. Murphy
19-28
Shopping Centres   “The provision,  within the overall design of the centre,  of public facilities,  e.g. toilets separate childcare (baby changing/feeding area)
Baby changing/feeding area tends to be read as one space,   Need to specifically provide for breastfeeding mothers, this should not be in the public toilet.

Response:
Agreed with modifications
Amend second bullet point on page 19-28 of the proposed Draft County Development Plan 2011-2017 to read as follows:
‘The provision, within the overall design of the centre, of public facilities, e.g. toilets, separate childcare areas, (including baby changing and feeding facilities that are designed and located away from toilet facilities) (baby changing/ feeding) areas, access and facilities for disabled people including toilets and parking spaces. The centres, where appropriate, may include offices, medical and related consultants’.

Agreed on the proposal of Cllr. Murphy, to accept the Manager’s recommendation. 

76. Cllrs. P. Kennedy & P. McEvoy
That the location and proximity of head shops in respect of schools, youth
facilities and main streets be restricted with minimal separation distances.

Response:
Agreed with modifications
The regulation and licensing of certain types of uses e.g. off-licences is not just a matter for the planning system but is also subject to the separate licensing system under the intoxicating liquor acts. It is understood that issues in relation to Head Shops are being addressed at national level. In the interim it is proposed to insert an additional sentence in section 9.6.9 under the heading ‘Non Retail Uses in Core Retail Areas and Other Main Streets’ to read as follows:
‘While the Council recognises innovation in the retail sector it is also clear that other forms of new retailing e.g. Head Shops can have a detrimental impact on the attractiveness and image of town and village centres and their shopping areas’.
In addition amend Policy R 53 so that this policy now reads as follows:
‘To discourage where possible within its statutory powers the introduction of non retail and lower grade retail uses e.g. Head Shops in Core Retail Areas and other main streets in the interests of maintaining and sustaining the retail attraction of the county’s centres’.
In response to questions from the members Michael Kenny explained that such shops cannot be banned as the planning system now stands.  He agreed however to expand the policy to include non core retail areas by removing reference to “core” retail areas.

Agreed on the proposal of Cllr. Kennedy, seconded by Cllr. McEvoy, to accept the Manager’s recommendation, as amended.

77. Cllr. McGinley
That 18.6.5, Street Lighting and Public Utilities be changed as follows, in Chapter 19:
"That the second last sentence i.e "The use of low pressure sodium lighting shall be encouraged"-- be replaced with:

The use of "White Light" Compact Fluorescent Lamps (CFL) shall be the standard lighting for all new residential estates."

Reasons for change:
  1.. The CFL is 35% more efficient that low pressure sodium lighting
  2.. The CFL lessens light pollution because the light can be directed downwards more efficiently (Just 1% is diffused upwards as opposed to 30% for conventional street lighting)
  3.. The CFL makes people feel safer because the colour is rendered better and facial recognition is easier
  4.. The CFL has been used in Elmwood, Blessington Road, Naas for the past 4 years and in that period there have been no lamp failures.  It is also in use in a walkway around the lakes on the Ballymore Eustace Road, near the hospital.  It is also the adopted standard lighting in Dunlaoghaire Rathdown and Donegal County Councils.   

Response:
Agreed
Amend Section 19.6.5 as follows:
From:
The use of low pressure sodium lighting and full cut off lighting shall be encouraged for environmental, economic and road safety reasons.

To:
The use of energy efficient lighting and full cut off lighting shall be encouraged for environmental, economic and road safety reasons.

Cllr. McGinley asked that the Manager’s recommendation be amended to include the words “such as CFL” and to remove the words “and full cut off lighting”.

Agreed on the proposal of Cllr. McGinley, to accept the Manager’s recommendation, as amended.

78. Cllr. Murphy
Development Management Standards
19-9
“The capacity of the physical and social infrastructure to cater for the design population?
Again I ask how – Social Infrastructure Assessment is inadequate process

Response:
Agreed with modifications
At the Council meeting of  22.03.10 it was proposed and agreed to include an objective in the Draft County Development Plan to review the Social Infrastructure Assessment process during the implementation of the Plan.

Please refer to motion numbers 32, 35 and 37 of 22nd March 2010. 

Agreed on the proposal of Cllr. Murphy, seconded by Cllr. Kelly, to accept the Manager’s recommendation, as amended.

79. Cllr. S. Doyle
That we take a more innovative approach to planting conditions on our planning permissions with the use of perhaps less in number but more significant landmark planting of mature trees. In achieving community gain investigate the planting of strategic landmarks within towns and villages in conjunction with local tidy towns and parks manager.

Response:
Agreed
Insert paragraph to section 18.2.5 Soft Landscaping of the proposed Draft County Development Plan 2011-2017 to read as follows:
‘In landscaping plans as part of the planning permission the Planning Authority will seek to ensure the planting of semi-mature trees depending on location and circumstances.’
[Note: Semi-mature trees are defined by the BSI as:-

“Trees with an overall height in excess of 4 metres and or a stem girth measurement (circumference) of 20 centimetres or larger.”]

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Kelly, to accept the Manager’s recommendation, as amended.

80. Cllr. S. Doyle
Need to examine the practicality and commerciality of parking regs not least where they apply to food and beverage outlets, given that the changes in transportation patterns around these activities.

Response:
Not Agreed
The practicality and commerciality of parking regulations is not a matter for the Development Plan. The Parking Bye Laws set the rate and location for public car parking laws
Cllr. S. Doyle explained that her motion referred to parking standards and not parking regulations.  It was agreed to refer the matter to the Transportation Department.

Agreed on the proposal of Cllr. S. Doyle, to accept the Manager’s recommendation, as amended.

81. Cllr. Murphy
19-14
Generally welcome section on Management Companies however it seems to exclude other forms of management such as Co-ops arrangements or Janitor services.

Response:
Agreed with modifications
The Council’s policy on taking residential developments in charge was set out in the ‘Taking in Charge Policy Statement’ (June 2008). This statement recognised that certain developments e.g. apartments, require some from of management company. The relevant sections from this policy statement have now been incorporated into Section 18.4.10 of the proposed Draft Kildare County Development Plan 2011-2017.

The statement in the Plan does not preclude other arrangements including (Co-op arrangements or Janitor services) but sets out policy in relation to management companies where they are required in Kildare.

All arrangements must be in keeping with National Guidelines and the review of the Council’s current policy shall explore other options that are both practical and legal.

The following changes are proposed;
(i) Amend 18.4 ‘Residential Development’ to include the following at the end of the 5th bullet point;
‘as amended’
(ii) Amend 18.6.5 ‘Street Lighting and Public Utilities’ to include the following at the end of the second paragraph;
‘(this will include payment of all utility bills)’
(iii) Include the following at the end of section 18.4.10 ‘Taking in Charge and Management Companies’;
It is noted that the ‘Multi-Unit Development Bill, 2009’ is currently going through the Dáil. It shall be a policy of the Council to review the current ‘Taking in Charge’ policy statement when the Bill becomes enacted. The use of a co-operative arrangement may only be considered in the light of this legislation if enacted’.

Agreed on the proposal of Cllr. S. Doyle, to accept the Manager’s recommendation, as amended.

82. Cllr. Murphy
19-11
Bin storage in apartment blocks when not locked are attracting quite a bit of serious dumping.   Design may contribute towards this.    Might look at what works in variety of apartment complexes within the County.  

Response:
Agreed
Include as an objective to investigate and develop best practice guidelines in relation to the design, location and size of bin storage areas in apartment or higher density housing schemes.

Agreed on the proposal of Cllr. Murphy, to accept the Manager’s recommendation.

83. Cllr. Murphy
19-13
Surface parking in mixed developments – with narrow road widths there is an exclusive reliance on parking bays, which meet the minimum needs,   inadequate visitor/delivery parking proving to be a problem.   Also separation from housing unit and non designation of spaces recipe for conflict.

Response:
Agreed with modifications
Table 18.9 (now 19.9) Car Parking Standards will be amended to read
Houses and flats (1 bedroom) - 1 car space per dwelling unit and 1 visitors space per 2 dwelling units
Houses and flats (2 bedrooms or more) - 2 car spaces per unit.
Amend at the request of the Department of Education
Primary Schools - 2 car spaces per classroom.

Agreed on the proposal of Cllr. Murphy, to accept the Manager’s recommendation.

84. Cllr. Murphy
19-29
Can’t find a statement on motorway services – petrol stations presume we need one?

Response:
Agreed
Insert new policy that
‘It is council policy to support the development of motorway services in line with NRA policy on the provision of service areas.’

Cllr. Miley proposed adding a policy statement about supporting existing services on non-motorway roads and it was agreed to add the following words “…in appropriate locations and to support alternative services where NRA services do not exist”.

Agreed on the proposal of Cllr. Murphy, to accept the Manager’s recommendation, as amended.

85. Cllr. S. Doyle
Distribution of settlement hierarchy should not be as inflexible as suggested by the pyramid approach. Acknowledging that the pyramid approach is a directive of the RPG's, I propose that we adopt the following policy to ensure a balanced integrated growth across the county, 'That targets for settlement growth throughout the county should be achieved in a proportional fashion. To this end no settlement should be allowed to achieve growth above other settlements in the hierarchy over and above a reasonable ratio of overall growth (this ratio needs to be decided upon).

Response:
Agreed with Modifications
The settlement strategy sets out a settlement hierarchy which is based on the proportionate growth of each town/village/settlement.  The proposed settlement hierarchy ensures that the targets for settlement growth throughout the county are achieved in a proportional fashion.

Presentations to the TWG and to the full Council outlined the approach adopted in allocating the projected growth levels for the county by way of the proportionate growth. In summary these presentations showed the following proportion of growth levels for the period 2006-2017; Leixlip 48% population growth Maynooth 48% population growth Celbridge 45% population growth Kilcock 45% population growth
Naas 40% population growth Newbridge 37% population growth Kildare/Monastervin/Athy/Kilcullen 35% population growth Small Towns 30% population growth Villages 25 population growth Rural Settlements 20% population growth Rural Nodes 10-15% population growth
The allocation of the targeted growth levels set out in Table 3.3, results in each town/village/settlement achieving growth that would project it above other town/village/settlement in the hierarchy.   The motion is therefore addressed by way of the population & housing allocations for the settlement hierarchy for 2006-2017 in Table 3.3.

Please refer to addendum for table showing the impact of growth targets on the settlement hierarchy.
Cllr. S. Doyle argued that this policy will do the reverse of what was desired due to the pyramid approach.  Lorcan Griffin responded that the population figures were projected forward and it was clear that there was capacity in the larger towns.  He also referred to the mid term review at which time adjustments could be made.  It was agreed to that the following policy be added to section 3.8:
In the mid-term review of the CDP, the Council shall have regard to the existing hierarchy of settlements in the County when applying the targeted growth levels

Agreed on the proposal of Cllr. S. Doyle to accept the Manager’s recommendation as amended.

86. Cllr. L. Doyle
That Moyvalley currently identified as a rural node be reclassified as a key village having regard to its strategic location and key transportation infrastructure.  Moyvalley the capacity to be developed into a key link settlement as outlined in ER2 of the draft Regional Planning Guidelines

Response:
Not Agreed
The proposed settlement hierarchy is based on identifying the rural settlements in the County that have a population and social infrastructure base which is sufficient to justify further development at a scale appropriate to their existing size. The settlement hierarchy also implements the rates of growth set out in the DoEHLG guidelines ‘Sustainable Residential Development in Urban Areas’ (2009). 

• There has been no recent residential growth in Moyvalley
• The current population of Moyvalley (having c.11 houses inside the PTB boundary) is too low to designate it as a Village.
• There is a lack of adequate public transport.
• There is no surface water infrastructure in the area
• There are no Public Sewerage mains in the area and there would be difficulties in discharging treated waste to a local watercourse as the Blackwater River is 4 km away and has no capacity to assimilate effluent discharge.

Given the nature of the points outlined above, there are no planning reason to designate Moyvalley as a Village and the zoning of lands at this location would be inappropriate and contrary to the DoEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009). 

Cllr Doyle clarified that he meant reclassified as a key settlement rather than village. 

Seconded by Cllr. Weld.  A brief discussion took place after which a vote was taken.  The motion was carried by 6 votes to 5.

Agreed on the proposal of Cllr. L. Doyle, seconded by Cllr. Weld, not to accept the Manager’s recommendation.

The meeting adjourned for lunch.  After lunch it was agreed to take motion 112 next as Cllr. Griffin had to leave on personal business.

112. Cllr. Griffin
11.5.3
Nursing Homes
National Quality provides a baseline. Yes some should be close to convenience shops – not every older person is keen on looking out at rooftops. Rural setting can be an advantage. Add to 11.5.3. Recognizing that 6.7% of our population are currently over 65 years this plan will provide for a mixed setting for nursing homes in the county. 60/40 : urban/rural

Response:
Not Agreed
The Economic Planning & Development Strategic Policy Committee commenced a review of the provision nursing home facilities in the county in December 2008. This review has involved a comprehensive examination of best practice regarding the location of retirement & nursing home facilities. A representative from the HSE also attended a number of these meetings, outlining the needs and requirements of users, employees and visitors of such facilities. 

The review has recognised the need for new nursing home facilities to address the following:
• The location of nursing home facilities needs to be easily accessible for residents, employees, visitors and service providers.
• Nursing home facilities in the open countryside do not create appropriate solutions to caring for the elderly for reasons relating to poor accessibility, lack of public transport and social exclusion.
• Such facilities should be located close to community and social facilities required by occupants (e.g. shops, post office, community centres, etc) thereby ensuring that older people can remain part of existing communities.  
• These facilities can be located within an environment that is integrating within the wider community while providing a safe environment for residents. For sites on the edges of villages and town a Mobility strategy is needed to detail connections to town and village centres for residents, employees and visitors.
• Local Area Plan reviews can assess the suitability for the provision of care facilities for the elderly as part of the review of individual towns and villages within the County.
• All long-term residential care facilities for older people should be required to produce a ‘Quality Assurance Policy Statement’ and a ‘Quality Assurance Service Plan’ that accords with the standards set out in the ‘National Quality Standards for Residential Care Settings for Older People in Ireland’ published by the Health Information and Quality Authority (February 2009), or the relevant standards for any subsequent national guidelines.
• To encourage the creation of strong links between the care for the elderly facilities and the local community including activities linked to other community groups.

The proposed policies and objectives set out in section 11.14.3 of the proposed Draft CDP have been included to address these issues.

Seconded by Cllr. Weld.  Following a brief discussion Cllr. Griffin agreed to remove the stipulation for a 60:40 urban/rural mix.  It was agreed not to accept the Manager’s recommendation and to reword Policy OP3 to reflect the motion.

Agreed on the proposal of Cllr. Griffin, seconded by Cllr. Weld, not to accept the Manager’s recommendation.

87. Cllr. S. Doyle
Sequential approach to development will prove problematic with regard to objectives around integrated balanced communities, the sequential approach will oblige us to deliver higher densities closer to settlement centres as per regional planning guidelines and therefore will prevent the development of a balanced socio economic demographic. Need to address this issue with policy.

Response:
Not Agreed
Chapter 4 of the CDP sets out Indicative Density Levels (Tables 4.1 & 4.2) for large towns, small towns and villages and rural settlements by way of locations. These tables acknowledge the need for a sequential approach to development but clearly states that all indicative densities are subject to the design principles and standards set out in Chapter 15 (Urban Design Guide) and 18 (Development Management Standards).  Furthermore the SIA requirement (section 11.14.2 - to be amended to include a review of the method of SIA during the course of the plan) and the Housing Mix policy (section 4.5) are included to require developers to clearly demonstrate that the proposed development achieves a balance in terms of community development and physical form.

Seconded by Cllr. Miley. 

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

88. Cllr. S. Doyle
Proportion of housing types need to be set, in order to provide appropriate housing for all sectors of the community.

Response:
Not Agreed
Section 4.9.3 (Housing Mix) sets out the Council’s requirements for the submission for a Statement of Housing Mix (Policies HP9 and HP11) in order to ensure the specific housing needs of an area are met.  Furthermore the review of town plans and LAPs can facilitate an assessment of an area specific policy for house types based on an assessment of the existing housing supply and future housing demand.

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

89. Cllr. S. Doyle
Facilitate and encourage the provision of serviced sites in appropriate locations within settlements using clear design criteria.

Response:
Agreed
This policy is included in the proposed Draft CDP
VRS 7: To ensure an appropriate mix of dwelling units including serviced sites are provided in the village / settlement to cater for a range of household sizes (refer section 4.10.3 of this plan).  Serviced site proposals should include general design principles for individual plots (plot ratio, building heights, building orientation, private open space, palette of building materials, boundary details and parking).

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

90. Cllr. Wall
4.12.4
That in the case of Jockeys wishing to set up an equine enterprise that
consideration be given to them and that the amount of land required for such
and enterprise be 5 ha as opposed to 10 ha in the draft plan.

Response:
Not Agreed
The wording of the policy is as follows:
Policy RH18 Planning applications for rural dwellings (or other development), which include the establishment a commercial bloodstock enterprise element on site, will generally be favourably considered, where the landholding comprises over 10ha.  All other local need, siting and design considerations will be taken into account in assessing the application. 
It is considered that at least 10ha is more appropriate for such an operation, which also contains a dwelling, to provide enough space for the viability of the operation.   

Following a brief discussion it was agreed on the proposal of Cllr. Wall, seconded by Cllr. Miley, not to accept the Manager’s recommendation and to reduce the land amount required from 10ha to 5ha.

91. Cllr. Wall
RH8 leave at 5 years due to the current economic climate and the need of many families to leave to find employment.

Response:
Not Agreed
DOEHLG Circular SP5/08 states the following: “……the significant variations in the length of occupancy periods specified by different planning authorities needs to be addressed as this could result in disparities of treatment to applicants and could lead to subsequent restrictions and distortions in the way the EU internal market operates. It is recommended, therefore, that all rural planning authorities should, if not already doing so, adopt and implement the seven-year period”

The seven year occupancy condition has been inserted in accordance with the DOEHLG Circular and is already in use by most Local Authorities. 

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

92. Cllr. Wall
RH9 Where an applicant was granted permission before if they can prove on economic grounds that they had to sell then they should be allowed to build
a second home

Response:
Not Agreed
The general thrust of the Rural Housing policy is to manage the scarce resources of the county and in this regard, Policy RH9 seeks to restrict the number of one off dwellings granted to applicants.  In exceptional circumstances the Council will consider permitting a second one off house to an applicant e.g. where an applicant has had to vacate/sell the dwelling on foot of a court order and has submitted supporting documentation. 

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

93. Cllr. S. Doyle
That the natural tourism assets of Kildare town, Irish National Stud, Kildare Retail Village, Heritage status, Thoroughbred centre and excellent transportation linkages be indicated in the plan with the objective of developing this asset further.

Response:
Agreed with modifications
The council is working with Failte Ireland and Kildare Failte to develop an initiative to promote tourism in the county with Heritage as a specific theme, and the locations mentioned will form part of that initiative.  It would not be practical or appropriate to list individual locations individual locations in the County Development Plan.

It is considered that the policy included in Section 5.9.3 General Tourism caters for the development of Equine / Bloodstock related Tourism throughout the County. In addition Motion No 41 agreed on the 15/03/10 caters for the development of heritage related tourism and it reads as follows:

To amend the following policy as ED 18: “To promote County Kildare’s Cultural, Literary, Historical, Genealogical, Equine, Archaeological and Architectural heritage as tourism generating opportunities.”
The Retail Chapter Section 9.5.5 recognises the role the Kildare Outlet centre has played in improving the retail offer of the town and indeed the county as a whole. Policy Statement R 23 will facilitate the enhancement of the retail offer of the town, which will in turn make Kildare Town a more attractive tourist destination.
The forthcoming Kildare Town Local Area plan will be able to detail more specifically the various tourist attractions and provide specific polices and objectives for the maintenance and improvement.

R 23 To encourage and facilitate the expansion of the Kildare Village Outlet Centre in accordance with the guidance in the Retail Planning Guidelines and achieve greater linkage and commercial synergy with Kildare Town Centre and the offers and attractions of Naas and Newbridge.

Following a brief discussion it was agreed to amend 2.10.4 to read as follows:

2.10.4  Hinterland Towns
The towns of Kildare, Monasterevin and Kilcullen within the Hinterland area will provide new employment opportunities at a district level providing employment opportunities for their urban areas as well as their large rural hinterlands. Employment uses that build on the existing assets of these towns (such as the quality of Kildare towns transportation infrastructure and equestrian and heritage links) should encouraged. This will assist in reducing long distance commuting patterns creating more sustainable communities.

Agreed on the proposal of Cllr. S. Doyle to accept the Manager’s recommendation as amended.

94. Cllr. McEvoy
Add to the 1st Paragraph:
5.9.5  ED 28 - You should include The Royal Canal, the Barrow Line and the Naas extension.

Response:
Agreed with modifications
Amend policy ED 28 of section 5.9.5 to read as follows:
‘It is the policy of the Council to promote and develop the towpath along the Grand Canal, the Royal Canal, the Barrow Line and the Corbally Line as a cycleway, in co-operation with Waterways Ireland.

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

95. Cllr. McEvoy
5.8  Tourism is dealt with in several different sections and it is not
combined with Recreation -  as it was in the 2005 Plan. Tourism should be
given a higher status. Is the chapter layout consistent with the development?
plan guidelines?

Response:
Not Agreed
The Economic Development Chapter outlines various policies and objectives which endeavour to promote the growth of employment opportunities in all sectors in line with the principles of sustainable development.  Sustainable Tourism is an important sector of Kildare’s economy which attracts international and domestic visitors. It is considered that the enhancement of this sector is provided for adequately as part of the Economic Development Chapter.

This approach is line with the County Development Plan structure suggested on page 19 of the ‘Development Plan Guidelines’ issued by the DoEHLG (2007). These guidelines suggest that Tourism related policies and objectives should be included in an Economic Development chapter as is the case with this proposed Draft plan.

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

96. Cllr. S. Doyle
That the significance of the Naas, Newbridge & Kilcullen primary dynamic cluster be reflected throughout the written text of the document, particularly in core strategy where significantly they seem to have been overlooked.

Response:
Agreed with modifications
The primary dynamic cluster concept is based on the current Regional Planning Guidelines (2004-2016). In the Draft RPG’s the concept of primary dynamic clusters has been replaced by an emphasis on economic clusters.

It is proposed to amend the second bullet point in Section 5.4 to state that Naas is clustered with Newbridge and Kilcullen.

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

97. Cllr. S. Doyle
That in conjunction with Irish Rail, we examine all train station sites within the County with a view to considering their future viability given the predicted higher levels of use, where appropriate make provisions for extended car parking and where unfeasible examine the possibility of re-locating the station to a more appropriate location within the settlement using a modular design such as Adamstown.

Response:
Agreed with Modification
It is proposed to amend Policy ST 4 and Objective LT 4 to reflect the motion

ST 4:  To co-operate with the Department of Transport, the NTA, Iarnrod Éireann and other relevant authorities to secure the improvement and further development of the public transport system including railway stations in the county.

In addition, the Plan includes a number of objectives, including:

LT 4: To investigate, in co-operation with Iarnród Éireann, the provision of new railway stations in the county and the upgrading / relocation of existing stations, to rectify existing constraints in the network. 

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


98. Cllr. L. Doyle
" That Memorial Headstones (upright) on roadside locations be prohibited in the interest of public safety and curtailing future roadside accidents and fatalities”

Response:
Agreed.

Agreed on the proposal of Cllr. L. Doyle to withdraw the motion.   It was also agreed to refer the issue to the Planning &Economic Development SPC

99. Cllr. McEvoy
6.2 - Add section on European Charter of Pedestrian Rights (1988) -
Suggestion: To improve facilities for pedestrians and access facilities for
people with special mobility needs in line with the aims of the Charter.

(See Meath - INF POL 20 - page 139 and an identical policy in Laois - TR9 -
last pt - page 63. Also South Dublin 7.8.1.iv - 3rd pt & DLR - draft
Amendments - 12.1.12 - Walking. North Tipp - 7.4 provides an extract as does
Mayo - P/TI-PC 8 - page 61.)

Response:
Agreed with Modifications
The Development Plan already contains a wide range of policies in relation to;
• Safe walking/ cycling
• Design of new neighbourhoods and their walkability
• Priority for pedestrians
• Linkages of new and existing developments.
• Improvements for the mobility impaired

However it is proposed to insert new policy at Section 6.5.2 as follows: 
To continue to maintain and expand the footpath and pedestrian route network in the County to provide for accessibility for pedestrians in accordance with the aims of the European Charter of Pedestrians Rights (1988).

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

100. Cllr. McEvoy
Reminder in the issue of Bus Stop insets language to handle varied needs across the county (urban, suburban & rural areas).

Response:
Agreed with modifications
As agreed at Meeting of 22nd March 2010, a new policy shall be inserted in Section 6.5.2 as follows;

‘It is an objective of the Council to consider where appropriate, the use of inset bus stops in certain locations throughout the county’

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

101. Cllr. S. Doyle
That Kildare County Council investigate through a pilot scheme the feasibility of providing co-operative baling services for the small to medium business community, this could be a mobile unit and should have the capacity to be revenue generating.

Response:
Not Agreed
This is considered to be a matter for the review and preparation of the Waste Management Plan.  This matter will be referred to the Environment Section for further consideration. 

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

102. Cllr. S. Doyle
That large commercial and civic buildings such as schools and swimming pools be encouraged to use most efficient energy systems available, harvesting the heat generated from the activity in these large buildings / enterprises and re-using it in meeting the energy needs of the building (I am sure you have a technical term for what I am talking about).

Response:
Agreed
No change required - Energy Objective EO 2:
To seek to achieve the objectives of the Building Energy Rating system insofar as it relates to public buildings in the control of the Local Authority and to support and encourage all other public and non public buildings in achieving their energy rating requirements. 

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

103. Cllr. McEvoy
8.11.3  - In the interest of consistency, the 2nd pt from the top of page (“the impacts on nature conservation designations, archaeological areas and historic structures, public rights of way and walking routes”) should be included.

Response:
Agreed
Add new Policy HE 3:  
To ensure that the assessment of hydro energy development proposals will have regard to:
The sensitivity of the landscape
The visual impact on protected views, prospects, scenic routes as well as local visual impacts
The impacts on nature conservation designations, archaeological areas and historic structures, public rights of way and walking routes

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

104. Cllr. McEvoy
8.12.1 TP 8: As proposed amendment to 8.11.3

Response:
Not Agreed
It is considered that the thrust of the motion is catered for in Policy TP 8 which reads as follows: 

• To minimise the provision of overground masts and antennae within the following areas: 
• Areas of high amenity / sensitive landscape areas (refer to Chapter 14)
• Areas within or adjoining the curtilage of protected structures
• On or within the setting of archaeological sites.  

Agreed on the proposal of Cllr. McEvoy to accept the Manager’s recommendation.

105. Cllr. S. Doyle
Multiples should have specific zoning on appropriate sites generally within town centres in LAP's, in order that the retail power of large multiples can be harnessed to best advantage & strengthen current town centres.

Response:
Not agreed
The two main national and regional guidance documents for the assessment of retail developments include;
(i) ‘The Retail Strategy for the Greater Dublin Area 2008-2016’ and
(ii) ‘Retail Planning Guidelines for Planning Authorities’ (December 2000)

In accordance with both of the aforementioned documents, applications for retail development should, in the first instance be assessed in terms of the general scale and form of the development being proposed. The preferred location for retail development is in town centres. Where it is not possible to provide the form and scale of development that is required on a site within the town centre then consideration can be given to a site on the edge of the town centre so as to encourage the possibility of one journey serving several purposes. There should be a presumption against development elsewhere, except where district or neighbourhood centres are being provided to meet neighbourhood needs. New development should be capable of being accessed by a variety of transport modes without causing undue congestion. In retail planning, this approach is known as the ‘sequential approach’.

Furthermore the proposed Draft County Development Plan supports the concept of the ‘sequential approach’ (Section 9.4.2) and in this regard policy R2 reads as follows:
‘It is the policy of the Council to guide retail development where practicable and viable in accordance with the framework provided by the Sequential Approach to enable the vitality and viability of existing town, village and district centres to be sustained and strengthened’.

The guidelines do not refer to multiples but rather they refer to retail development generally which includes both convenience and comparison retailing.

Zoning for land only for multiples would not be in accordance with any of the above guidance documents, would preclude other types of retail development on sites where retail development is considered appropriate in principle, would not contribute positively to the vitality and vibrancy of town centres and would unnecessarily restrict the ability of the retail sector to develop and improve the retail offer in the county’s towns and villages.

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

106. Cllr. Wall
That KCC shall encourage the provision of Community Alert Schemes in rural
areas where they do not exist in the interest of community development and
safety

Response:
Agreed
No change required. 
It is considered that Policies RD2 and RD3 of Chapter 10 adequately cater for the type of activity suggested by the motion. 

RD 2 “To liaise and co-operate with statutory, local development, sectoral community / voluntary agencies and groups to develop economic, social and cultural benefits for the rural community”

And RD3 “To support and facilitate the work of……local bodies within the county in the promotion of the rural economy, including agriculture development, rural diversification and in the development of initiatives to support farming, create inclusive rural communities and improve access and services in rural areas”. 

In addition, it is considered that Chapter 11 of the Plan which deals with Social Community and Cultural Development would cover this type of community development. 

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

107. Cllr. Wall
10.4.10
Under Key Considerations
That one off enterprises in the rural area be located in the open country
side where the Council are satisfied that enterprise is suitable for that location in the first place rather than "only where the Council is satisfied that the enterprise is not suitable for a settlement".

Response:
Not Agreed
The Draft Plan supports the provision of one off rural enterprises in the rural countryside and the employment that such activities can bring to the local rural economy.  However, the Council must be seen to base the policy on a reasonable set of planning criteria.  It is envisaged that the rural settlements are considered firstly as appropriate locations for such enterprises then followed by the open countryside.  In this regard, it is recommended that the wording as originally drafted should be retained.

A brief discussion took place.  Cllr. Wall proposed changing the wording of his motion to “…in the rural area may be located…”.

Agreed on the proposal of Cllr. Wall, seconded by Cllr. Miley, not to accept the Manager’s recommendation and to adopt the motion as amended.

108. Cllr. Griffin – moved by Cllr. Weld
11.5 Specific Design / Planning Needs
Like to see an expansion of this statement. Perhaps a cluster could resolve the problem where a rural setting is required – space ADHD, ADDHD, Asperger
It is my belief that we as a Council cannot ignore the needs of the parent who is now the number one carer.

Response:
Not Agreed
Policy RH10 in section 4.12 of Chapter 4 (housing) addresses this motion:
RH 10: To recognise that exceptional health circumstances, supported by relevant documentation from a registered medical practitioner, may require a person to live in a particular environment or close to family support. Housing in such circumstances will generally be encouraged in areas close to existing services and facilities and in Rural Settlements as opposed to the rural countryside.  All planning permissions for such housing granted in rural areas shall be subject to an occupancy condition. 
The above policy has had due regard to the ‘Sustainable Rural Housing Guidelines’ (2005) in relation to the case by case assessment of medical cases (Section 4.3). As such it is not considered appropriate to make reference to specific medical cases.

Agreed on the proposal of Cllr. Weld, to accept the Manager’s recommendation.

109. Cllr. S. Doyle
That the policy within the current plan to locate the County Museum in Kildare town be retained.

Response:
Agreed with Modification
To amend policy AC 5 in Section 11.14.5 to read as follows;
‘To promote the development of heritage facilities where feasible in Kildare town
including the development of a museum. This museum may be a branch of the National Museum of Ireland and should be centrally located’.

Cllr. S. Doyle proposed a change to the Manager’s recommendation: from “..development of a museum.”  To “..development of the County museum.”

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Kelly, to accept the Manager’s recommendation as amended.

110. Cllr. S. Doyle
Acknowledging the sizeable site ratio required to deliver effective Nursing home care, a policy of specific zoning through the LAP process in relevant locations should be adopted, a similar approach should be used for crèches and any other commercially run community amenities that have marginal profitability but are a necessary service to the community and assist it in functioning effectively.

Response:
Agreed with modifications
To add the following policy to section 11.14.1:
C4: To assess the suitable provision of nursing homes, crèches and other commercially run community facilities and amenities at appropriate locations, during the review of Local Area Plans and Village Plans.

Agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Miley, to accept the Manager’s recommendation as amended.

111. Cllr. Griffin – moved by Cllr. Weld.
Burial Grounds (11.14.10)
Add BG3;
‘To explore the possibility of the provision of a county burial ground which will also provide for a cremation section’. (plaques)

Response:
Agreed with modifications
The Water & Environmental SPC have reviewed the need to address the provision of cemeteries within the County. This review has highlighted that the provision of extensions to some existing cemeteries may not be possible due to limitations on lands being available either through location or cost. In this context Kildare Co Council is exploring all options in making lands available. These options include exploring the possibility of providing a regional cemetery possibly in a location in the north east and also in central area of the county. These options have to be carefully considered bearing in mind the sensitive nature of providing cemeteries some distance away from existing facilities. The provision of an area within a regional cemetery to cater for the internment of cremations can be considered as part of the process.

Having regard to the above, it is proposed to add the following objective to Section 11.15:
‘To explore the feasibility of the provision of a regional-type burial ground at two locations as follows;
(i) North-east of the county
(ii) Centre of the county’

Cllr. Weld proposed a change to the Manager’s recommendation to add the words “and crematoria” after “burial ground”

Agreed on the proposal of Cllr. Weld, to accept the Manager’s recommendation as amended.

113. Cllr. Griffin – moved by Cllr. Weld
SC 1 Add
11.15 ‘To facilitate the existing educational facilitators’

Response:
Agreed
Amend policy SC1 In section 11.15 to read as follows:
SC1: To facilitate the provision of new education and other community facilities, and the appropriate extension to such facilities, within existing towns and villages through the reservation / zoning of land for such uses.

Agreed on the proposal of Cllr. Weld, to accept the Manager’s recommendation.

114. Cllr. Wall
That Kildare County Council actively seek and promote facilities for
children not involved in main street sports through the provision of skate
board parks and youth cafes in all our major towns

Response:
Agreed subject to Modification
Add the following policy to section 14.11.4:
To seek to promote additional non mainstream facilities for children and teenagers through the provision of suitable recreation and amenity facilities in all major towns and villages.

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

115. Cllr. Wall
That KCC ensure that all new pedestrian crossings in the county have audible
signals for people with visual difficulties.

Response:
Agreed subject to Modification
The use of audible signals on all pedestrian crossings is not recommended as best practice in all cases. The following is an extract from the Traffic Management Guidelines;

'Audible bleepers should be used where possible but only where there is a full pedestrian stage and all traffic is stopped. This avoids confusion for blind and partially sighted pedestrians who might hear a bleeper relating to a partial pedestrian stage elsewhere in the junction and step out into traffic'

Having regard to the above, it is proposed to add the following policy to Section 11.14.3.

PD 4 When providing pedestrian facilities the Transportation Department will design for the needs of people with visual difficulties by assessing the options available and choosing the most appropriate design to implement on a case by case basis.

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

116. Manager’s Recommendation
It is proposed to amend all village plan maps to;

(i) Illustrate the list of protected structures in Volume 2
(ii) Show existing developments as ‘Existing Residential’ and not ‘New Residential’

Cllr. Lawlor referred to the Village Plan for Two Mile House and said that a housing estate had been left out of the boundary.  It was agreed that this was a mapping error and would be rectified.

Agreed on the proposal of Cllr. Lawlor, to accept the Manager’s recommendation.

117. Cllr. Murphy
(Ref no. 51 from meeting of 15.03.10 and no. 2 from meeting of 22.03.10)
Movement and Transport Aviation Section 6.6 (Pg 6-12)
Safeguarding – need to clarify if that also applies to stopway’s and clearways.   While the IAA has responsibility for separating planes in the Air they have no function in physical planning.  Safeguarding has serious implications for those living in close proximity to an Aerodrome/ Airport or for those carrying out business in such locations. Very difficult to see how the section in the Development Plan will be interpreted if a planning application came in for runway extension, it’s much too vague.

Response:
Agreed with Modifications
The characteristics of, and clearances etc needed for, stopways and clearways are contained within I.C.A.O.'s Annex 14.
A stopway does not generate any additional clearances or safeguarding other than its own physical shape on the ground, which is of necessity wholly within an aerodrome.
 clearway does require clearances (i.e. certain clear airspace and an absence of obstructions) but these are usually - and are in the case of Weston - wholly within and above the aerodrome itself.
The I.A.A. (and ICAO in Annex 14) principally concerns itself with the safety and efficiency of aircraft in the air (and on the ground), rather than concerning itself primarily with the convenience or safety of persons or property in the vicinity of aerodromes.
There are broadly two sorts of "safeguarding":
(i) There are the limitations to physical development (including temporary structures and masts) set out in Annex 14 etc, which are principally designed to protect aircraft in the air. These are referred to in the current and proposed development plan. 
(ii) There are Public Safety Zones, which currently exist at Dublin and the other civilian State aerodromes, which are designed specifically to cater for the safety and convenience of persons on the ground in the vicinity of aerodromes. These zones may come under consideration within the life of the new Kildare Development Plan. They provide for limitations to development (or limitations on certain high-density or vulnerable development) within areas closely corresponding with certain risks, with greatest limitation(s) closest to an aerodrome.

(iii) Approach Surfaces (the most critical of the ICAO surfaces) are generated from the ends of existing (or future) runways. Currently the development plan provides for approach surfaces from the existing runway ends at Weston and Kilrush, and from possible extended runway ends at Casement. Any runway extension at Weston or Kilrush will have to have new Approach surfaces, and this is provided for in a general way in the current draft plan under the references to ICAO Annex 14. However it is proposed to include a statement that ‘in the inner approach areas of aerodromes generally, no buildings, overhead lines or structures are to be erected’.

Public Safety Zones are generally set out from the maximum possible length of any runway within the current aerodrome boundaries, and therefore take future runway extensions into account. Therefore itt is proposed to add new policy at Section 6.7 of the Plan as follows:
GA 7: To consider, in conjunction with relevant statutory agencies and bodies, the introduction of public safety zones in the vicinity of aerodromes affecting Kildare. 

A lengthy discussion took place at the end of which Cllr. Murphy agreed to accept the Manager’s recommendation and to consider making a further submission during the public display period.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

118. Cllr. Murphy
(Ref no. 11 from meeting of 22.03.10)
Tourism
(A) According to the Development Plan, significant potential exists to develop the tourism industry in Celbridge (2.10.1, p.36). Castletown House is acknowledged as being of international importance and as a unique national heritage asset. 
N.B. OMMITTED FROM LAP 2010
(B) It is the policy of the Celbridge Plan to
“encourage the development of tourism - especially heritage based activities in co-operation with Fáilte Ireland, the Heritage Service, the national Heritage Council and other relevant bodies” (Celbridge Development Plan 2002, 2.10.2, page 36)
(C)“to protect the character of the town and its heritage in order to provide a sound basis for the development of tourism.”  (Celbridge Development Plan 2002, 2.10.2, page 37)

Response:
Not Agreed

(a)The development and protection of Castletown House is provided for in the Proposed Draft County Development Plan and reads as follows:
Castletown House and Demesne is in State ownership. Objectives HO 3, HO 4 and HO 6 of the proposed Draft Plan guide the appropriate development of Castletown whilst also protecting the important heritage elements of the house and demesne.
HO 3 To prepare a Local Area Plan for Castletown Demesne and in conjunction with relevant bodies to protect the views outlined on Map 12.10.
HO 4 To protect the views at Castletown House,
-Axial views between Castletown House and Conolly’s Folly
-Between the Castletown House and the Wonderful Barn
-The views from the House to the river and across the back parterre.
-The views from the main avenue to the river towards Castletown, and up and down the river to Celbridge and New Bridges.
HO 6 To safeguard the amenities of Castletown including the main avenue, Donaghcumper, St Wolstans and River Liffey environs as shown on Map 12.10.
Donaghcumper House and Demesne is currently in private ownership and not currently functioning as an active tourist attraction. The development of appropriate tourism attractions at this or any other suitable location will be supported by the Council.
(b)In relation to Tourism generating policy ED 15 aims to increase tourism numbers throughout the County and reads as follows:
“To support the implementation of the Regional Tourism Plan for the East Coast and Midlands, 2008-2010 and to work with key stakeholders and agencies with the aim of increasing overseas and domestic visitor numbers”
In addition Motion No 43 agreed on 15th March 2010, included below, endeavours to develop heritage based tourism in the County.
To include the following policy as ED 18: “To promote County Kildare’s Cultural, Literary, Historical, genealogical, archaeological and architectural heritage as tourism generating opportunities.”

(c)Celbridge is included in Policy ACA 1 (included below) of Chapter 12 Architectural and Archaeological Heritage which lists Celbridge as a town that should be investigated for designation as an ACA.
ACA 1: To investigate the designation of further ACA’s at appropriate locations throughout the county to include Celbridge, Kildare Town, Johnstown, Ballymore Eustace, Kilcullen, Brannockstown and Rathmore
It is considered that this policy once acted upon will make recommendations in relation to the treatment of the ACA in Celbridge.

Agreed on the proposal of Cllr. Murphy to accept the Manager’s recommendation.

119. Cllr. Griffin
(Ref no. 28 from meeting of 22.03.10)
Chapter 10;
Add new section 10.2.3
It is recognised that there will be locally generated growth in rural areas over the period of this plan and that consideration shall be given at local level to assessing such local needs and that applying the principles of the Department’s Sustainable Rural Housing Guidelines. The consideration and provision of such one off housing will normally occur on unzoned lands in rural areas and so will be assessed separately to the extent of zoned and serviced lands in the towns and villages in the county.

Response:
Not Agreed
The Council’s policies for one off housing are contained at within Chapter 4 of the Plan.  Section 4.11.2 outlines the policy context and includes a reference to Sustainable Rural Housing – Guidelines for Planning Authorities issued by the Dept of Environment, Heritage and Local Government in 2005. 

Chapter 10 Rural Development deals with the development of the rural economy in the context of rural industry and employment generating land uses. 

Agreed on the proposal of Cllr. Griffin to accept the Manager’s recommendation.

120. Cllr. Lawlor
(Ref no. 40 from meeting of 22.03.10)
Village Plans and Rural Settlements, Section 17.4.
VRS 5 That phasing be encouraged to extend beyond the current proposed plan

Response:
Agreed with modifications
To reword Policy Statement VRS 5 as follows:

To develop lands in both Villages and Settlements sequentially and generally in accordance with the following:

• Development will be encouraged from the centre outwards with undeveloped lands closest to the village centre or phase 1 lands being given first priority
• The development of ‘infill’ sites and utilise lands with opportunities for brownfield / regeneration will also  be particularly encouraged
• ‘Leap-frogging’ will be strongly resisted
• Phasing of individual developments may be conditioned as part of a grant of planning permission in villages/ settlements.

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

121. Cllr. Lawlor
(Ref no. 41 from meeting of 22.03.10)
Village Plans and Rural Settlements, Section 17.4.
VRS 6 This policy be removed as it is too restrictive for villages
Policy Statement  VRS 6 reads as follows:
To generally control the scale of individual development proposals to less than 10-12 units in accordance with the Sustainable Residential Development in Urban Areas (2009). Larger schemes will only be considered where they relate to important strategic sites (e.g. infill within the core of a village / settlement or redevelopment of backlands).

Response:
Agreed with modifications
To reword policy VRS 6 as follows:
VRS 6 To generally control the scale of individual development proposals to 10-15% of the existing house stock of any village or settlement over the lifetime of the County Development Plan in accordance with the Sustainable Residential Development in Urban Areas Guidelines (2009)

For example, for a village of 800 persons this would suggest that any individual scheme for new housing should not be larger than 26 -40 residential units and for villages/ settlements with less than 300 persons new housing schemes should not be larger than 15 units. 

Cllr. Lawlor expressed dissatisfaction with using percentages to control development.  It was agreed to amend the Manager’s recommendation as follows:

VRS 6  To generally control the scale of individual development proposals to 10-15% of the existing house stock of any village or settlement over the lifetime of the County Development Plan in accordance with the Sustainable Residential Development in Urban Areas Guidelines (2009)
 For example for a village of 800 people, the typical pattern and grain of existing development suggests that any individual scheme for new housing should not be larger than 26 -40 residential units and for villages / settlements with less than 300 persons new housing schemes should not be larger then 15 units.
Larger schemes will only be considered where they relate to important strategic sites e.g. (infill within the core of a village / settlement, or the redevelopment of backlands) and will be contingent on the agreement of a masterplan and phasing arrangement being agreed with the Council.

Agreed on the proposal of Cllr. Lawlor, seconded by Cllr. Weld, to accept the Manager’s recommendation as amended.

122. Cllr. Lawlor
(Ref no. 46 from meeting of 22.03.10)
RH6 Where no other entrance onto a local road is available that access onto a regional road is allowed provided the applicant meets the local planning criteria.

Response:
Agreed with modifications
Regional Roads are described at Chapter 6 as being roads that link the principal towns in the county and also serve local traffic.  They are generally of a high standard and in some cases carry a considerable volume of traffic. 
The purpose of the policy (RH6) is to avoid the premature obsolescence of regional roads, where the 80km/hr speed limit applies. This has been a long standing policy objective of the Council. The creation of excessive levels of individual entrances is unsustainable in the long term, is a traffic hazard and a risk to public safety and hinders future investment in roadworks along the Regional road.
Policy (RR1 Chapter 6) reiterates the same policy, with the following exceptions:
• Developments of a strategic, local, regional or national importance, particularly where there is a significant gain to the county, through employment creation or other economic benefits.
• Where it is proposed to demolish an existing dwelling and replace with a new dwelling, where there is an existing entrance onto the Regional Road.
The Motion seeks access to be permitted onto regional roads provided the applicant meets the local planning criteria.  
Following discussion at meeting of 22.03.10, it is proposed to add the following to the list of exceptions as per RR1 of the Kildare CDP 2005-2011 in relation to applicants for one off houses who complies with rural housing policy

• For those who comply with Policy RH 4 and cannot provide access onto a nearby county road and therefore need to access a Regional Road.  In this instance, the applicant will only be permitted to maximise the potential of an existing entrance and
• The onus will be on the applicant to demonstrate that they have no other access or suitable sites within the landowners landholding.

Agreed on the proposal of Cllr. Lawlor to accept the Manager’s recommendation.

123. Cllr. Miley
(Ref no. 50 from meeting of 22.03.10)
Aviation 6.6 add in an extra policy that airfields within county Kildare
operate under their current planning permissions.

Response:
Not Agreed
The inclusion of such a policy would hinder a future planning application for new development in an existing airfield/aerodrome. 
Planning legislation seeks to ensure that all developments operate in accordance with the conditions attached to planning permissions for a development such as an aerodrome.

Agreed on the proposal of Cllr. Miley to accept the Manager’s recommendation.

124. Cllr. Miley
(Ref no. 52 from meeting of 22.03.10)
10. 7.6 an addition that no landfill would be granted permission in the
eastern up lands

Response:
Not Agreed
Policies in relation to landfill and waste management are contained at Chapter 7 of the draft CDP. 

Policy WM 1 To have regard in the assessment of planning applications for waste management facilities, inter alia, to the Waste Management Plan for the County, Waste Management Act 1996, EU Landfill Directive, EPA Landfill Manuals…..

In addition, Chapter 14 of the Plan outlines the policies and objectives for the landscape character areas, within which, the eastern uplands form part. 

Chapter 10 relates to the extractive industry, including restoration / rehabilitation of existing pits. 

If the motion regarding “Landfill” relates to dumping etc, it is considered that the policies and objectives of Chapter 7 and 14 apply and it is not necessary to include a specific reference at Chapter 10. 

If the policy relates to filling a sand pit/quarry to restore it to its original condition, then it is considered that if the motion was adopted that it could preclude the desired restoration of a worked out pit/quarry. 

Agreed on the proposal of Cllr. Miley to accept the Manager’s recommendation.

125. Cllr. Miley
(Ref no. 49 from meeting of 22.03.10)
On rural housing policy retain the existing policy which was
amended by the guideline document in 2007 by this council

Response:
Not Agreed
The policy document 2007 was produced to assist in the interpretation of the 2005 CDP.   The current Draft Plan is based on a number of new national and regional planning policies including the Regional Planning Guidelines, DoEHLG Circular Letter SP5/08 and an assessment of areas of sensitivity and on development trends in the KCC countryside. It includes a number of policies and objectives for rural housing, which have been designed in order to manage the limited and scarce resources of the county. A number of the recommendations of the 2007 internal policy document have been retained in the Draft Plan - recessed clusters, marital breakdown, radius of distance from family home (low sensitivity areas), industrial/commercial devs etc.

Following motion number 44 (meeting of March 22nd) the Manager sought to advise the members on the implications of their decision in relation to the consequences from the rural housing policy recommended in the proposed Draft County Development Plan 2011-2017.

The policy proposed was directly based on a range of parameters including
(i) consideration of environmental sensitivities as informed by the Strategic Environmental Assessment including
(ii) consideration of landscape character areas and landscape sensitivities
(iii) the ability of the rural area to absorb further development (based on an assessment of the existing density of development in rural areas)

Analysis of the evidence produced from the above concluded that it was necessary to implement an area based approach to the development of rural housing in Kildare. Furthermore it was considered necessary to differentiate areas of varied sensitivities and to formulate policies for each area.

The motion agreed by the members to exclude the Sensitivities Map (Map 4.1) and associated policies and revert back to the existing local need policies of the Kildare County Development Plan 2005-2011 (as amended by KCC guidance document) was referred to the Planning Departments SEA consultants who strongly advised that the Sensitivity Map continue to be included to form the basis for the rural housing policy.

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

Scenic Routes
Michael Kenny referred to the omission of the Scenic Routes from the draft.  He said they hadn’t changed from the 2005 CDP and he received the members’ agreement to include them in the Draft CDP for publication in April.

Record of Protected Structures
An addendum to the RPS was circulated.

Resolution
Having considered the Proposed Draft Kildare County Development Plan submitted to the Council on 6/2/2010, and having made amendments to it at its meetings on 8th, 15th, 22nd & 25th March March 2010, Kildare County Council hereby resolves, on the proposal of Councillor Nolan, seconded by Cllr. Kelly, to make and publish the Draft Kildare County Development Plan 2011-2017 in accordance with Section 11(5) of the Planning and Development Act 2000 (as amended).

Cllr. Kelly thanked the Manager and Planning Staff for their work in the preparation of the Draft CDP.  The Mayor echoed his words and thanked the Councillors for their attendance at the several meetings also.  The Manager thanked the staff and members and urged the public to participate in the review process.

This concluded the business of the meeting.