Kildare County Council
Minutes of the monthly meeting held on Monday, 27th January 2003 in the Council Chamber, St. Mary’s, Naas
Present: Councillors Jim Reilly (Mayor), G. Conway, T. Conway, J. Dardis, F. Dukes, M. Fitzpatrick, S. Griffin, W. Hillis, J. Keane, P. Kelly, A. McEvoy, J. McGinley, M. Miley, C. Murphy, S. O’Fearghaíl, F. O’Loughlin, J. O’ Neill, S. Power, P J. Sheridan, E. Stagg, J. Wall and K. Walsh.
Apologies: Councillor R. Hendy, Councillor M. Glennon, Councillor T. Lawlor.
Also Present: Mr. N. Bradley, County Manager, Mr. J. Lynch, Director of Transportation and Environment, Mr. P. Minnock, Director of Corporate and Cultural Affairs, Mr. K. Kelly, Acting Director of Planning and Public Safety, Mr. Eamon O’Sullivan, Head of Finance , Mr. C. Talbot, Meetings Administrator and other officials.
01/0103
Minutes
Minutes of the Council Meeting of 16th December 2002
The minutes of the meeting of the Council held on 16th December 2002 were confirmed and taken as read on the proposal of Councillor Dardis seconded by Councillor Mc Ginley.
02/0103
Committee Minutes
Celbridge Area Committee 8th November 2002
The minutes were confirmed and taken as read on the proposal of Councillor Stagg seconded by Councillor Walsh.
Recommendation from Celbridge Area Committee
Councillor Stagg advised that following a request for a closure of right of way at the rear of Oldtown Road from and including where the four houses are being built and North of Shackleton Road that the Members of the area committee had met and unanimously agreed to recommend full closure of this right of way.
Resolved on the proposal of Councillor Stagg seconded by Councillor Walsh that the procedure to extinguish the right of way at the rear of Oldtown Road including where the four houses are been built and North of Shackleton Road be commenced.
Clane Area Committee Minutes 12th November and 9th December 2002.
The minutes were confirmed and taken as read on the proposal of Councillor Sheridan seconded by Councillor Fitzpatrick.
03/0103
Material Contravention of the Newbridge Development Plan 1996 – Planning Reference 02/1273 – KARE – change of use of industrial building to child care services.
The Members considered the report of the Director of Services for Planning and Development dated 21st January 2003 and the Senior Planner’s report of the same date which outlined the planning history, the details of the current application, that no objections or representations had been received, the relevant development plan/policies and an assessment of the application. The report confirmed that further information was requested relating to a number of issues and that a satisfactory response had been received to all issues raised. The report confirmed that the County Manager ordered that the material contravention procedure be put in place as it was considered that the proposed development would provide a useful social service to the Newbridge community and alleviate the deficiency that exists in childcare facilities and
· that the proposed development would not seriously injure the amenities of the area or of property in the vicinity
· it would be acceptable in terms of traffic and convenience
· And would be in accordance with the proper planning and sustainable development of the area.
The proposed material contravention of the Newbridge Development Plan 1996 was recommended to the Members. Councillor Fiona O’Loughlin paid tribute to Kare for the work that they carry out in the community.
Resolved on the proposal of Councillor O’Fearghail seconded by Councillor Power that the Newbridge Development Plan 1996 be materially contravened in respect of planning application 02/1273.
Nineteen Members voted in favour of the contravention with none voting against. As the statutory requirement for consent to the proposed contravention had been fulfilled the proposal was deemed to be confirmed.
04/0103
Planning and Development Act 2000 – Planning and Development Regulations 2001 – Part 8
(a) Millennium Link Road
The Members considered the report of the Senior Planner dated 20th January 2003 endorsed by the County Manager in relation to the proposed scheme to provide a link between the Newbridge Road and the Millennium Park Development. The scheme will facilitate the development of lands to the west of Naas aiding the continuing growth of Naas and the link road will form part of the Naas ring road running to the south of the town. The link road will allow for the control of development access onto the already busy axle routes into Naas and will provide convenient access to the M7 motorway. The report set out the principle features of the development, the relevant development plan extracts and the implications of the development on the planning of the area. The report included a copy of the five submissions which were received and an engineers report from Roughan and O’Donovan which set out the responses to the submissions made and that it was considered that none of the objectors would be negatively impacted by this project. It was confirmed that the scheme is an objective of the Naas Urban District Development Plan 1999 and the Kildare County Development Plan 1999 and that the principle of a ring road from the Newbridge Road to the Millennium Park development is acceptable, appropriate and in keeping with the proper planning and sustainable development of the area. It was recommended that the proposed development should be implemented with some alterations to the access arrangements to the mart.
Resolved on the proposal of Councillor T. Conway seconded by Councillor E. Stagg that the Part 8 for Millennium Park Western Link Road be implemented as outlined in the report.
(b) The Naas Southern Ring Road Phase 1 Newbridge Road to Kilcullen Road.
The Members considered the report of the Senior Planner dated 5th December 2002 and endorsed by the County Manager in relation to a proposed new road to link the R445 Newbridge Road and the R448 Kilcullen Road southwest of Naas Town. Traffic circulation around Naas will be improved thus relieving traffic congestion in the town centre and this new road will form part of a planned ring road to the west and south of Naas. The report outlined the principle features of the proposed development, the relevant development plan extracts and set out the implications of the development on the planning and sustainable development of the area. It confirmed that four submissions were received and that it was considered that none of the objectors would be negatively impacted by this project. A copy of the submissions together with the engineering report of Arup consulting engineers detailing the responses given to the issues raised was also circulated to the Members. It was confirmed that the proposed scheme is an objective of the Naas Development Plan 1999 and that the principle of a ring road from the Newbridge Road to the Kilcullen Road is acceptable, appropriate and in keeping with the proper planing and sustainable development of the area. It was confirmed that the proposed scheme would not materially contravene Naas Town Council’s Development Plan and it was recommended that the proposed development should be implemented unchanged.
Resolved on the proposal of Councillor T. Conway seconded by Councillor E. Stagg that the Part 8 for the Naas Southern Ring Road Phase 1 Newbridge Road to Kilcullen Road be implemented as outlined in the reports.
(c) Caragh Road realignment Phase 1.
The Members considered a report of the 20th January 2003 from the Senior Planner endorsed by the County Manager in respect of the above scheme. The purpose of the scheme is to realign the Caragh Road R409 as identified under section M42 of the Naas Urban District Development Plan 1999. The aim of the scheme is to provide safety for traffic using Caragh road by removing a series of three sharp bends on the existing Caragh Road. The realignment will also improve the safety of other road users by the provision of footpaths and the provision of cycle paths. The scheme is proposed to act in conjunction with the proposed Naas ring road in facilitating the future development of Naas as detailed in the development plan. The report set out the principle features of the proposed development, the relevant development plan extracts and the implications of the development on the planning and sustainable development of the area. It confirmed that four submissions were received and that it was considered that none of the objectors would be negatively impacted by this project. A further report from Roughan and O’Donovan consulting engineers in relation to the submissions and the responses issued was also circulated to the Members. It was confirmed that the proposed scheme is an objective of the Naas Urban District Development Plan and that the principle of the Caragh Road Phase 1 is acceptable, appropriate and in keeping with the proper planning and sustainable development of the area. Having regard to the Naas Urban District Development Plan 1999 it was recommended that the proposed development should be implemented with some alterations to the access arrangements to the mart.
Resolved on the proposal of Councillor T. Conway seconded by Councillor E. Stagg that the Part 8 in relation to the Caragh Road realignment phase 1 be implemented as outlined in the report.
05/0103
Disposal of Land
(a) Derek Mc Gowan, 960 Maddenstown, The Curragh.
The Council considered statutory notice dated 9th January 2003 which had been circulated to the Members under Section 183 of the Local Government Act 2001, signifying intent to dispose of premises known as 960 Maddenstown, The Curragh to Derek McGowan 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 Hillis seconded by Councillor Dardis that the Council consent to the disposal in accordance with the terms of the statutory notice.
(b) Katrina O’Leary and David Mc Carthy, 2550 Woodside Park, Kildare.
The Council considered statutory notice dated 9th January 2003 which had been circulated to the Members under Section 183 of the Local Government Act 2001, signifying intent to dispose of premises known as 2550 Woodside Park, Kildare to Katrina O’Leary and David Mc Carthy 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 Hillis seconded by Councillor Dardis that the Council consent to the disposal in accordance with the terms of the statutory notice.
(c) Marie Therese Critchley, 2910 St. Patrick’s Park, Kill.
The Council considered statutory notice dated 9th January 2003 which had been circulated to the Members under Section 183 of the Local Government Act 2001, signifying intent to dispose of premises known as 2910 St. Patrick’s Park, Kill to Marie Therese Critchley 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 Hillis seconded by Councillor Dardis that the Council consent to the disposal in accordance with the terms of the statutory notice.
(d) Deirdre Dennis and Mark Malone, 740 Rowanville, Kildare.
The Council considered statutory notice dated 9th January 2003 which had been circulated to the Members under Section 183 of the Local Government Act 2001, signifying intent to dispose of premises known as 740 Rowanville, Kildare to Deirdre Dennis and Mark Malone 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 Hillis seconded by Councillor Dardis that the Council consent to the disposal in accordance with the terms of the statutory notice.
06/0103
New Civic Offices at Devoy Barracks and associated borrowing
The County Manager requested that this item be deferred to the February meeting of the council to allow for consideration of the tenders received in relation to the project. This was agreed.
07/0103
To consider proposed amendment to the Derrinturn Local Area Plan 2001.
A copy of the proposed amendment of the Derrinturn Local Area Plan 2001 had been circulated to the Members.
Resolved on the proposal of Councillor Sheridan seconded by Councillor Fitzpatrick that the proposed amendment to the Derrinturn Local Area Plan 2001 go on public display.
08/0103
County Manager’s Business
Disposal of Property – 3727 Main Street, Kilmeague previous owner Mary Doran.
The meetings administrator advised the Members that the section 183 notice issued in respect of this property on 11th November 2002 and which was considered by the Council at its meeting of 25th November 2002 contained an error in relation to the name of the purchaser. A new section 183 was issued on 2nd January 2003.
The council considered statutory notice dated 2nd January 2003 which had been circulated to the Members under section 183 of the Local Government Act 2001 signifying intent to dispose of the premises known as 3727 Main Street, Kilmeague to Bernard and Gemma Leeson in consideration of payment of €127,000.