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



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Minutes of the Special Meeting of Kildare County Council on Monday 6th September 2010 at 3pm in Áras Chill Dara, Naas

Present were: Councillors B. Weld Mayor, S. Griffin, M. Nolan, D. Scully, T. O’Donnell, S. Langan, P. McNamara, T. Lawlor, K. Byrne, C. Purcell, J. McGinley, P. McEvoy, P. Kennedy, M. Miley, W. Callaghan, S. Doyle, F. O’Loughlin, L. Doyle, F. Browne, M. Hayden, C. Murphy & R. Daly
Apologies:  Cllr. M. Wall & Cllr. S. Moore
In attendance: M. Malone, Co. Manager, J. Lahart Director of Services, A. Brangan Snr. Exec. Planner & M. Foley AO


The Mayor opened the meeting with a minute’s reflection.


1. To consider the material contravention of the Kildare County Development Plan 2005-2011 in respect of planning application reference number 09/838.  Applicant Sherling & Sons Ltd.


John Lahart referred to the Manager’s Report and Planner’s Report on this application which had been circulated to the members.   The proposed development, if permitted, will consist of the demolition of an existing habitable house in the south eastern corner of the site and the construction of an industrial and office development comprising a total gross floor area of 34,832 sq. m. at Osberstown, Naas, Co Kildare.   The development will also comprise eight industrial units used for the manufacturing, processing and storage of steel products. Unit 1 is a two storey building with a maximum height of 13.69 metres comprising 3,682 sq. metres and will be used for the storage of nuts and bolts. Unit 2 is a one storey building with a maximum height of 16.34 metres comprising 5,962 square metres and will be used for steel stockholding. Unit 3 is a one storey building with a maximum height of 13.62 metres comprising 2,025 sq. metres and will be used for shot blasting. Unit 4 is a one storey building with a maximum height of 15.45 metres comprising 6,079 sq. metres and will be used for steel processing. Unit 5 is a two storey building with a maximum height of 12.61 metres comprising 8,951 sq. metres and will be used for steel processing. Unit 6 is a one storey building with a maximum height of 12.61 metres comprising 2,470 sq. metres and will be used for steel processing. Unit 7 is a two storey building with a maximum height of 14 metres comprising 2,606 sq. metres and will be used for storage. Unit 8 is a one storey building with a maximum height of 7.75 metres comprising 227 sq. metres and will be used for maintenance. An additional two storey building (unit 9) with a maximum height of 5.65 metres comprising 90 sq. metres will be used as a despatch office. The development also includes two Goliath cranes with a height of 11.9 metres. The office development is a five storey building comprising 2,740sq. metres with a maximum height of 21.8 metres. There are balconies located on the southern elevation. The building includes a crèche (73.1 sq.m.), a café (246.5 sq.m.), a gym (106 sq.m.) and a retail unit (11.8 sq.m.) at ground floor level. The proposed development will be accessed from two new vehicular access points from the existing roads servicing the Osberstown Business Park. The development includes an extension to the existing access road serving the Osberstown Business Park to the north east of the site. The development will include the provision of 321 car parking spaces and 17 HGV parking spaces, provision for bicycle parking, lighting and associated pedestrian walkways, hard standing yards for loading and circulation of goods, a steel stockyard at the south western portion of the site, associated signage, including a double pole sign with a height of 3.6 metres at the south eastern corner of the site, landscaping and boundary treatment and all other ancillary site development works.  Underground services for surface and foul water drainage and water supply will be provided together with connection to the public mains and a storm water retention lagoon at the north eastern portion of the site. The application is accompanied by an Environmental Impact Statement. 

The development would materially contravene  section 6.7.6 – OD1 of the County Development Plan 2005-2011 which states: “Apart from housing development there are other land uses which may be considered in the rural countryside.  Where an area is not within an identifiable settlement and is not otherwise zoned as part of this development plan or of any of the town development plans the use of such land will be deemed to be primarily agricultural”.

John Lahart said that it is considered that having regard to the development proposal, the positive reports received from the various departments, its adjacent land use on industrial zoned lands and its proximity to the Osberstown Waste Water Treatment Plant, the proposed development is appropriate at this location and he recommended the material contravention.


Cllr. Lawlor proposed that the material contravention be adopted on the basis that there has been development on the site already, a lot of money had been spent on infrastructure in the surrounding area and it would provide jobs for the local economy both on site and in construction.
Cllr. Callaghan seconded the proposal.


Cllr. McNamara asked whether there was not other industrial zoned land available.  Cllr. Scully asked why this was being considered now while the County Development Plan was being reviewed and he added that there was suitably zoned land in the Naas area on the other side of the motorway.


Cllr. Murphy referred to the need to formulate a suitable policy for industrial zoned land.  She also raised issues on behalf of Cllr. Moore who was unable to attend the meeting viz. noise and traffic related to the proposed development.


Cllr. Kennedy voiced his support for the project.


Cllr. McEvoy said he supported the project in principle having looked at the site and spoken to the applicant.  He raised the issue of the over-availability of employment zoned land and said he would not like to see inappropriate use of such land.


In reply to the above issues, John Lahart said that while there was a lot of zoned land, the issue was its compatibility with the type of development being proposed.  For example, the land in Millennium Park was more suited to business/office type development.  He said the applicant was asked to evaluate other sites as part of his planning application and this one was found to be the most suitable.  He cautioned the members that their decision should be based on proper planning and sustainable development reasons and not solely on employment generation.


He said it was always difficult to make decisions such as this during a development plan review process but such decisions cannot be frozen during the two years.  The current CDP is the basis for their decision.  In relation to traffic, he said that it was likely that most of the traffic will use the ring road and the Millennium Park interchange when it is in place.  He said planning conditions will limit the noise impact.  He said the members could discuss zoning matters during their consideration of the Manager’s Report on submissions received as part of the Development Plan review process.


He recommended the material contravention to the members.


A vote was taken and was carried by 21 votes to nil, with Cllr. Scully abstaining.


Resolved on the proposal of Cllr. Tony Lawlor, seconded by Cllr. Willie Callaghan, by 21 votes to nil, to materially contravene the Kildare County Development Plan 2005-2011 in respect of planning application reference number 09/838.

2. To consider material contravention of the Kildare County Development Plan 2005-2011 and the Clane Local Area Plan 2009 in respect of planning application reference number 09/1394.  Applicant – Le Monde Holdings Ltd.

Aoife Brangan referred to the Manager’s and Planner’s Reports which had been circulated.  She said the proposed development if permitted will consist of the renovation of the existing Abbeylands House which is a protected structure, into office units with an area of 519.15m2 along with the construction of a rear extension linked to the existing house comprising of 242.34m2 of office space in 3 storeys along with car parking and ancillary site development works at Abbeylands House, Abbeylands, Clane, Co. Kildare.

The development would materially contravene  the objectives of the Kildare County Development Plan 2005-2011 and in particular the objectives of the Clane Local Area Plan 2009 in which plan the subject site is zoned B: Existing Permitted Residential. The specific zoning objective of the site states inter alia “such areas, particularly where bordering the commercial centre, will be protected from the pressure of development order uses such as retail and offices”.

Cllr. Langan proposed the material contravention saying it would help rejuvenate the area and would create jobs. 

Cllr. McEvoy seconded the proposal but expressed concern at surface water drainage issues.  Aoife Brangan said that these would be addressed by conditions in the planning permission.

Resolved on the proposal of Cllr. Lanigan, seconded by Cllr. McEvoy, by 22 votes to nil, to materially contravene the Kildare County Development Plan 2005-2011 and the Clane Local Area Plan 2009 in respect of planning application reference number 09/1394.


The Mayor thanked the members and staff and this concluded the business of the meeting.