KILDARE COUNTY COUNCIL
Minutes of Monthly Meeting held on Monday 29th July 2002 at 2.00 p.m.
in the Council Chamber, St. Mary’s, Naas, Co. Kildare.
Members Present: Councillor Jim Reilly (Mayor), G. Conway, T. Conway, J. Dardis,
F. Dukes, M. Fitzpatrick, M. Glennon S. Griffin, R. Hendy, W. Hillis, J. Keane, P. Kelly, A. Lawlor, A. McEvoy, J. McGinley, M. Miley, C. Murphy, S. O’Fearghaíl, J. O’ Neill, F. O’Loughlin, S. Power, P J. Sheridan, E. Stagg, J. Wall and K. Walsh.
Also Present: Mr. T. Skehan, Deputy Manager; Mr. J. Lynch, Director of Transportation and Environment, Mr. P. Minnock Director of Corporate and Cultural Affairs; Mr. Eamon O’Sullivan, Head of Finance;
Mr. A.C. Talbot, Meeting Administrator and other officials.
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The Mayor extended congratulations to Senator K. Walsh and Senator J. Dardis on their appointment to the Senate and commiserated with Councillor Paul Kelly.
01/0702
Confirmation of Minutes
Council Meeting 24th June 2002
The minutes of the meeting were confirmed and taken as read on the proposal of Councillor Stagg seconded by Councillor Keane.
Annual General Meeting 8th July 2002
Councillor Stagg requested that the minutes be amended to include the names of members who voted in the roll call for the election of Mayor. The minutes so amended were confirmed and taken as read on the proposal of Councillor Stagg seconded by Councillor Keane.
02/0702
Matters arising from the Minutes
N9 Road Improvements and design of the outer Relief Road for Athy.
Councillor O’Fearghail requested an update on what has been done to progress motion 19 and 29 on the agenda of the meeting of 27th May in relation to the N9. Mr. J. Lynch advised the members that the improvement of the N9 continues to be designed by the National Roads Authority and there continues to be meetings between Kildare County Council and the NRA in relation to this. Regarding the old N9 officials continured to make representations to the NRA but these improvements are a matter for that authority.
Skip Scheme
Councillor Stagg thanked the County Manager for the re-introduction of this scheme and for his prompt reply to the members he requested that the re-introduction of this scheme be advertised in local papers.
€20 charge for planning file submissions.
Councillor Stagg requested that the Council would write to the Department of the Environment and Local Government indicating that the members are not in agreement with this charge and that it contravenes EU law Councillor Hendy supported this. Councillor Stagg further requested that the Council write directly to the EU in relation to this matter. The meetings administrator advised the members that the executive could not by-pass national government and write directly to the EU. The members views as outlined at the last meeting have been communicated to the Department of the Environment and Local Government and a response is awaited.
Upgrading of the Athgarvan Road, Newbridge.
Councillor Power requested further works on this road as the footpaths and public lighting has not been completed. Lighting columns are also required to be removed to improve the sight line on this road. Mr. J. Lynch confirmed that a scheme was prepared for improvements to the footpaths with provision of cycle lanes, lighting etc. on the Athgarvan Road with a cost of €100,000. The Department had not approved funding and in the interim the County Manager approved a small allocation to carry out essential works. This scheme has been revised and is being re-submitted for funding from the Department. He undertook to contact the ESB in relation to the public lighting and advised the members that the area office have undertaken some improvements to the footpaths but the resolution is the implementation of the total scheme.
03/0702
Committee Minutes
Leixlip Area Committee 7th June 2002
Councillor Murphy indicated that the minutes circulated to the members did not include amendments agreed by the committee at their meeting on 5th July. It was agreed to re-circulate these minutes and list on the agenda for the September meeting.
Clane Area Committee 14th May 2002 and adjourned meeting 30th May 2002.
The minutes of the above meetings were confirmed and taken as read on the proposal of Councillor Sheridan seconded by Councillor Fitzpatrick. Councillor Stagg referred to the tabling of motions by him for the Clane Area Committee and his entitlement to a copy of the reports on these matters and requested that copies of these be forwarded to him.
Celbridge Area Committee special meeting 20th May 2002.
The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Stagg seconded by Councillor Conway.
Kildare Area Committee 27th May 2002
The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor O’Fearghail seconded by Councillor O’Neill. Councillor Keane raised the issue of closure of rightof way at Maryville. He indicated that the draft recommendation had been approved by the County Manager to carry out works at an estimated cost of €37,000 but he was informed today that the costs has increased to €50,000 and asked for an explanation in relation to this. Mr. Jimmy Lynch confirmed that upon receipt of the Manager’s confirmation Roads Section advised the Manager that the updated out turn cost would be most likely be €50,000 as the quotation received is now out of date. The matter will be re-evaluated by the County Manager when it is agreed where the expenditure can be charged to.
Athy Area 21st June 2002
The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hendy seconded by Councillor Hillis.
04/0702
Disposal of Land
(a) 0.60 hectares of land at Abbeyawn, Kilcullen, Co. Kildare.
The Council considered notice dated 2nd July 2002 which had been circulated to the members under Section 183 of the Local Government Act, 2001, signifying intent to dispose of 0.60 hectares of the Council’s land at Abbeyawn, Kilcullen, Co. Kildare to Mr. James Corrigan in consideration of payment of €1.
Resolved: On the proposal of the Councillor T. Conway seconded by Councillor O’Loughlin that the Council consent to the disposal of this land in accordance with the terms of the statutory notice.
(b) 0.349 hectares of land at Sunnyhill and Castlemartin, Kilcullen, Co. Kildare.
The Council considered notice dated 12th July 2002 which had been circulated to the members under Section 183 of the Local Government Act, 2001, signifying intent to dispose of 0.079 hectares of the Council’s land at Sunnyhill, Kilcullen, Co. Kildare and 0.270 hectares of the Council’s land at Castlemartin, Kilcullen, Co. Kildare to Patrick and Elizabeth O’Neill in consideration of payment of €10 for each plot subject to all legal costs to be paid by Kildare County Council.
Resolved: On the proposal of the Councillor T. Conway seconded by Councillor O’Loughlin that the Council consent to the disposal of this land in accordance with the terms of the statutory notice.
Disposal of Properties purchased under shared ownership
(c) Carmel Dowling, 799 Rowanville, Kildare.
The Council considered statutory notice dated 8th July 2002 which had been circulated to the members under Section183 of the Local Government Act 2001, signifying intent to dispose of premises known as 799 Rowanville, Kildare to Carmel Dowling in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the shared ownership loan, pursuant to the conditions under which the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor T. Conway seconded by Councillor O’ Loughlin that the Council consent to the disposal in accordance with the terms of the statutory notice.
(d) Martin Rowe and Lorna Losty, 2177 Highfield Estate, Newbridge.
The Council considered statutory notice dated 8th July 2002 which had been circulated to the members under Section183 of the Local Government Act 2001, signifying intent to dispose of premises known as 2177 Highfield Estate, Newbridge to Martin Rowe and Lorna Losty in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the shared ownership loan, pursuant to the conditions under which the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor T. Conway seconded by Councillor O’ Loughlin that the Council consent to the disposal in accordance with the terms of the statutory notice.
(e) Denis and Margaret Nolan, 1072 Avondale, Leixlip.
The Council considered statutory notice dated 8th July 2002 which had been circulated to the members under Section183 of the Local Government Act 2001, signifying intent to dispose of premises known as 1072 Avondale, Leixlip to Denis and Margaret Nolan in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the shared ownership loan, pursuant to the conditions under which the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor T. Conway seconded by Councillor O’ Loughlin that the Council consent to the disposal in accordance with the terms of the statutory notice.
(f) John Grant, Dale Green House, Allenwood.
The Council considered statutory notice dated 8th July 2002 which had been circulated to the members under Section183 of the Local Government Act 2001, signifying intent to dispose of premises known as Dale Green House, Allenwood to John Grant in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the shared ownership loan, pursuant to the conditions under which the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor T. Conway seconded by Councillor O’ Loughlin that the Council consent to the disposal in accordance with the terms of the statutory notice.
(g) Una Ruffley, 1745 Pairc Mhuire, Newbridge.
The Council considered statutory notice dated 8th July 2002 which had been circulated to the members under Section183 of the Local Government Act 2001, signifying intent to dispose of premises known as 1745 Pairc Mhuire, Newbridge to Una Ruffley in consideration of the current value of rented equity (up to date in line with inflation) at the date of redemption of the shared ownership loan, pursuant to the conditions under which the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor T. Conway seconded by Councillor O’ Loughlin that the Council consent to the disposal in accordance with the terms of the statutory notice.
05/0702
Material Contravention of Kildare County Development Plan 1999
Planning Reference 01/1900 – David Mongey
Permission sought for site development works for industrial development at Newhall, Naas.
The members considered the planning report circulated in advance of the meeting in relation to this material contravention which was advertised on 7th June 2002 inviting submissions not later than 10th July. No submissions were received. The material contravention was recommended to the members.
Resolved on the proposal of Councillor Power seconded by Councillor Glennon following a vote with 21 members voting in favour that the county development plan 1999 be materially contravened in respect of planning reference 01/1900.
The Planning Reference 01/218 – Herbertstown Stud
Permission sought for development including equestrian arena visitors centre, administration building, twenty three bedroom holiday cottages and twenty two dwellings.
The members considered the planning report dated 24th July 2002 circulated in advance of the meeting which confirmed that the material contravention was advertised on the 14th June 2002 and was on display until 17th July 2002. No submissions were received. The material contravention was recommended to the members.
Resolved on the proposal of Councillor Lawlor seconded by Councillor Hillis with 21 members voting in favour and one abstaining to materially contravene the county development plan 1999 in respect of planning reference 01/218.
Planning Reference 01/2220 – Dulcedo Developments Ltd.
Permission sought for a mixed use retail/commercial/residential and leisure development.
The members considered the planning report dated 24th July 2002 which indicated that the material contravention was advertised on 29th June and the plans were put on display for a period of 21 days from this date. Three submissions were received during the period. The material contravention was recommended having regard to the town centre zoning of the site, the provisions of the strategic planning guidelines and other relevant policy documents and the revisions to the proposal on foot of the further information requested. The members raised concerns re traffic management, the timing of works and the implementation of the Bond Bridge and Meadowbrook link proposals. They also raised queries in relation to conditions being placed on the development to eliminate any possibilities in relation to flooding. Kevin Kelly, SEO advised the members that their concerns had been noted and that the officials have been aware of these difficulties, and would impose conditions in relation to such items.
Resolved on the proposal of Councillor Mc Ginley seconded by Councillor Griffin with 21 members voting in favour and one voting against to contravene the Kildare county development plan 1999 in respect of planning application 01/2220.