MINUTES OF MONTHLY MEETING OF KILDARE COUNTY COUNCIL HELD AT 11.00 A.M. ON 28TH JULY, 2003 IN THE COUNCIL CHAMBER, ST. MARY’S, NAAS AS ADOPTED.
Members present: Councillors M. Fitzpatrick (Mayor), K. Byrne, W. Callaghan, G. Conway, M. Glennon, J. McGinley, A. Kane, T. Conway, J. Dardis, S. Griffin, R. Hendy, W. Hillis, J. Keane, P. Kelly, A. Lawlor, A. McEvoy, M. Miley, C. Murphy, S. O’Fearghaíl, F. O’Loughlin, J. O’ Neill, P.J. Sheridan and K. Walsh.
Apologies: Councillor J. Reilly and Councillor F. Dukes.
Also Present: Mr. N. Bradley, County Manager, Mr. T. Skehan, Director of Planning & Public Safety, P. Minnock, Director of Corporate & Cultural Affairs, Mr. J. Boland, Director of Transportation & Environment, Ms. P. Hickey, Acting Director Housing & Sanitary Services, Mr. E. O. O’Sullivan, Finance Officer, A.C. Talbot, Meetings Administrator, and other officials.
010703
Minutes
Monthly Meeting 30th June, 2003
The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor O’Neill.
Special Meeting of the Council 7th July, 2003
The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor O’Neill. The progress report was noted.
02/0703
Committee Minutes
Kildare Area Committee 3rd June, 2003
The minutes were confirmed and taken as read on the proposal of Councillor O’Neill, seconded by Councillor Keane.
Leixlip Area Committee 6th June, 2003
The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor McGinley.
Clane Area Committee 13th May, 2003
The minutes were confirmed and taken as read on the proposal of Councillor Sheridan, seconded by Councillor McEvoy.
Athy Area Committee 19th May, 2003
The minutes were confirmed and taken as read on the proposal of Councillor Hendy, seconded by Councillor O’Feargháil.
03/07/03
Matters arising from the Minutes
Kildare By-Pass
Councillor O’Feargháil welcomed the positive response outlined in the progress report, but sought a written report on this matter.
Civic Reception
Resolved on the proposal of Councillor O’Feargháil, seconded by Councillor O’Loughlin, that a civic reception be held for the Kildare Special Olympians and representatives of the host town committees.
Tesco Junction
Councillor O’Neill referred to the lack of progress in relation to a solution to the difficulties regarding the junction at Tesco in Newbridge.
Resolved on the proposal of Councillor O’Neill and seconded by Councillor Dardis that a temporary round-about be installed until a decision is reached on how best to progress this matter. The meetings administrator advised that the Roads Design Section are working on this project and will look at the possibility of provision of a round-about. However, it may not be possible to provide this.
Bond Bridge, Meadowbrook Link Road
Councillor McGinley requested and updated report in relation to the outcome of the tender process.
Footpaths between Moone & Timolin
Councillor Hendy called for funds to be made available by the National Roads Authority to carry out works in the villages of Moone & Timolin, in particular the provision of a footpath between the two villages. The meetings administrator advised that this matter would be followed up with the National Roads Authority.
04/0728
Casual Vacancies
The meetings administrator advised that as a result of the casual vacancies arising from the resignation of Councillors Power, Stagg and Wall, nominations have been received in accordance with Section 19 (3) (a) of the Local Government Act, 2001 from the political parties which they represented when standing at the local elections in 1999. He confirmed that Fianna Fáil had nominated Willie Callaghan to fill the vacancy created as a result of the resignation of Councillor Power. The Labour Party nominated Kevin Byrne to fill the vacancy arising from the resignation of Councillor Stagg. The Labour Party also nominated Adrian Kane to fill the vacancy arising as a result of the resignation of Deputy Wall.
Resolved on the proposal of Councillor O’Feargháil, seconded by Councillor O’Neill, that Willie Callaghan be co-opted to fill the vacancy arising from the resignation of Deputy Sean Power.
Resolved on the proposal of Councillor McGinley, seconded by Councillor Keane, that Kevin Byrne be co-opted to fill the vacancy arising from the resignation of Deputy Stagg.
Resolved on the proposal of Councillor Keane, seconded by Councillor McGinley, that Adrian Kane be co-opted to fill the vacancy arising from the resignation of Deputy Wall.
The Mayor welcomed the co-option of the three new members and wished them well for their term of office. He welcomed the families of members who were also in attendance. He paid tribute to the outgoing Councillors and their work during their term of office. The members were also welcomed in turn by representatives of each of the groups on the Council. The County Manager in welcoming the members thanked the parties for their nomination and paid tribute to their predecessors.
05/0728
Casual Vacancy – Historic Monuments Committee
The Meetings Administrator advised of the resignation of Councillor Hendy from the above committee and invited nominations for membership of the committee.
Resolved on the proposal of Councillor O’Neill, seconded by Councillor Hillis, that the matter be deferred until the September meeting.
06/0728
Planning & Development Act, 2000 – Part V111 Planning & Development Regulations 2001
(a) Improvements to Kildare Wastewater Treatment Plant
The members considered the report of the Senior Planner dated 23rd July, 2003 endorsed by Ms. P. Hickey, Acting Director Housing & Water Services and the County Manager in relation to the proposed modifications and upgrade to the Kildare town wastewater treatment works. The report set out a description of the work involved, the implications for the proper planning and development of the area and confirmation that no submissions or objections were received from the prescribed bodies or from the general public during the submissions period. The report recommended that the proposed development should generally proceed subject to a number of conditions which were outlined in the report.
Resolved on the proposal of Councillor O’Feargháil, seconded by Councillor O’Neill, that the works should proceed in accordance with the report.
(b) Proposed housing scheme at Prosperous
The members considered the planning report of the 7th July, 2003, endorsed by the County Manager in relation to this development. The report set out a description of the proposal together with the implications of the development on the planning of the area. It confirmed that no submissions or observations were received during the submission period. It was recommended that the proposed development should generally proceed as advertised subject to a number of conditions and alterations which were outlined in the report. In relation to questions raised by Councillors Lawlor, Kelly and Murphy, Mr. T. Skehan confirmed that Part V111’s refer to Kildare County Council schemes; therefore, the conditions attaching to the scheme are available for the information of the members unlike the situation with material contraventions where the Manager by law inserts the conditions as it is an executive function. He confirmed that site location maps and drawings will be put on display in relation to Part V111’s in future.
Resolved on the proposal of Councillor Sheridan, seconded by Councillor Dardis, that the works proceed in accordance with the report.
(c) Subsidised sites at St. Patrick’s Park, Celbridge
The members considered the planning report of the 14th July, 2003 endorsed by the County Manager in relation to this proposal. The report set out a description of the works to be carried out together with the implications of the development and the planning of the area. It confirmed that one submission was received in relation to the scheme during the period for submissions. It was recommended that the proposed development should generally proceed as advertised subject to a number of conditions and alterations outlined in the report.
Resolved on the proposal of Councillor Byrne, seconded by Councillor McGinley, that the works proceed as outlined in the report.
07/0728
To note Development Contributions Report
Councillor O’Neill thanked the Finance Officer and his staff for their work on this report. Councillor Murphy confirmed that the finance committee had recommended that this report go to the Area Committee for consideration and it made two other recommendations, one in relation to works in lieu, how they are documented and value for money, and the second seeking a commitment that outstanding levies will be collected.
Resolved on the proposal of Councillor Sheridan, seconded by Councillor McGinley, that the item be deferred to the September meeting to allow further consideration by the area committees.
08/0728
To note call for submissions on regional planning guidelines
The meetings administrator advised the members of the closing date for submissions of the review of the regional planning guidelines which is the 20th August, 2003. The Manager advised that the regional planning guidelines set out at regional level the National Spatial Strategy and that the Council need to take a keen interest in what is being proposed. He confirmed that the Spatial Strategy was broadly supportive of diversity such as exists in Kildare and that decisions will be made at regional level. He advised that the current request is for an issues paper and that a detailed submission could be made at a later stage. A discussion ensued with contributions from Councillors Murphy, O’Feargháil, Dardis, Kelly, McGinley, Miley, McEvoy, Hendy and Glennon.
Resolved that a submission be made by the planning directorate which would include the following issues that were highlighted by the members:
§ The Council should seek to re-position the emphasis in the report to make living in the community and the provision of services to allow for this top of the agenda.
§ A request should be made to exclude the designated settlements identified in the 1999 County Development Plan.
§ There should be separate development policies in relation to towns that straddle county boundaries.
§ There is a need to ensure preservation of green belts/buffer zones.
§ The impact on other regions requires consideration.
§ Population centres particularly those with regional dimensions .
§ Retail strategy and the needs being addressed.
§ Transportation.
§ Provision of amenity and recreational facility particularly regional parks.
§ Public transport needs to co-ordinate its capacity with increased density proposals.
§ People who leave an area and return to it should be considered for planning permission particularly in South Kildare.
§ The guidelines should support development in South Kildare.
§ The guidelines should address the difficulties of people living in Kildare, but commuting to Dublin for retail, work and leisure services.
§ Kildare does not have the roads, schools, leisure, retail and work facilities required and financial support must be provided in order to secure these services.
09/0728
County Manager’s report on submissions on the proposed Newbridge Local Area Plan
The members considered the County Manager’s report of the 23rd July, 2003 in relation to the submissions on the proposed Newbridge Local Area Plan. It confirmed that the members of the Kildare Area committee on 28th April approved the draft proposed Newbridge Local Area Plan for public display and that it was on display from the 15th May to the 27th June, 2003 during which time submissions were invited. A total of forty nine submissions were received within the statutory display period. The report and submissions outlined the main issues raised together with the County Manager’s recommendation on each in accordance with Section 20 (3) (c) of the Planning & Development Act, 2000.
The members were advised that Section 20 of the Planning & Development Act, 2000 requires that the members of a planning authority shall consider the proposal to make, amend or revoke a local area plan, and the report of the Manager under Paragraph C. Following consideration of the Manager’s report the local area plan shall be deemed to be made, amended or revoked as appropriate in accordance with the recommendations of the Manager as set out in his or her report six weeks after the furnishing of the report to all members of the authority unless the planning authority by resolution varies or modifies the proposal otherwise than as recommended in the Manager’s report or where appropriate decides not to make, amend or revoke the plan. The full report is set out in Appendix 1 of these minutes.
Mr. Kevin Kelly, Senior Executive Officer, Planning Section, confirmed that detailed consideration of the submissions have been undertaken, and a number of changes are being proposed.
Councillors Dardis, O’Feargháil, O’Neill, Hendy and O’Loughlin spoke in favour of the adoption of the plan giving an overview of its contents, the reasons for a number of recommendations, and the measures which will be included to ensure that development takes place in line with the provision of services.
Councillors Murphy, McEvoy and G. Conway raised questions in relation to schools, densities, the proposed new G.A.A. development, the doubling of the population proposals set out in the 1999 County Development Plan, the arrangements for provision of land for health care and these were addressed by the members.
Councillor Dardis declared that he had a vested interest in relation to housing densities and that he had not taken part in discussions in relation to this. Councillor Dardis raised the issue of difficulties encountered by Mr. Kelly in accessing land north of the railway line as a result of the way land had been zoned. Kevin Kelly, Senior Executive Planner, confirmed that a submission had been received from Mr. Kelly on this matter and that the zoning layout has been changed to address the access issue. The following amendments to the plan were requested:
(a) That ten and a half acres of land owned by Mr. Buckley north of the motorway be rezoned low density. Mr. Kevin Kelly confirmed that there was a case to be made for this rezoning request given the land zoned adjacent to it and there was no objection from officials.
Resolved on the proposal of Councillor Dardis, seconded by Councillor O’Neill, with twenty two members voting in favour and one member voting against that the ten and a half acres of land referred to be zoned low density. The following voted in favour Councillors M. Fitzpatrick (Mayor), K. Byrne, W. Callaghan, G. Conway, M. Glennon, J. McGinley, A. Kane, T. Conway, J. Dardis, S. Griffin, R. Hendy, W. Hillis, J. Keane, P. Kelly, A. Lawlor, M. Miley, C. Murphy, S. O’Fearghaíl, F. O’Loughlin, J. O’ Neill, P.J. Sheridan and K. Walsh.