Kildare County Council

KILDARE COUNTY COUNCIL

Minutes of Monthly Meeting

held at 2.00 p.m. on Monday 31 January, 2005

in the Council Chamber, St. Mary’s, Naas as adopted.

Members present: Councillor G. W. Hillis (Mayor), Councillors P. Black, F. Browne,

W. Callaghan, G. Conway, M. Dalton, L. Doyle, S. Doyle, F. Dukes, M. Fitzpatrick, M. Glennon,

S. Griffin, R. Hendy, P. Kelly, T. McEvoy, J. McGinley, M. Miley, P. MacNamara, M. Nolan,

C. Murphy, F. O’Loughlin, J.J. Power, K. Ridge, and B. Weld.

Apologies: Councillor K. Byrne.

Also Present: Mr. T. Skehan, Deputy County Manager; Messrs. J. Boland, J. Lahart,

P. Minnock and D. Page, Directors of Services; A. C. Talbot, Meetings Administrator

and other officials.

______

Vote of Sympathy

Resolved, on the proposal of Councillor McGinley, that the Council extend sympathy to Councillor Byrne on the death of his mother. The meeting was adjourned for five minutes as a mark of respect.

3/0105

Confirmation of Minutes

The Council considered the minutes of the monthly meeting of the 20 December, 2004 and the budget meetings of 17 and 20 December and 4 January.

Resolved, on the proposal of Councillor Fitzpatrick, seconded by Councillor McGinley, that the minutes be confirmed and taken as read,

and that the minutes of the 29th November, 2004 be amended by addition of the following:

and that additional expenditure be approved as detailed in appendix No. 9 of the statement as follows:

PROGRAMME / GROSS OVER-EXPENDITURE
Assistance to persons improving houses / 24,550
Administration & Miscellaneous / 20,383
Road Upkeep / 657,578
Road Traffic / 232,378
Administration & Miscellaneous / 429,523
Public Water Supply / 667,232
Private Installations / 7,628
Administration & Miscellaneous / 631,972
Industrial Development / 130,098
Other Development & Promotion / 74,814
Administration & Miscellaneous / 1,970,129
Waste Disposal / 2,781,568
Safety of Structures/Places / 94,293
Pollution Control / 14,154
Administration & Miscellaneous / 904,593
Swimming Pools / 106,478
Parks, Recreation Centres / 42,554
Other Recreation & Amenity / 328,751
Administration & Miscellaneous / 60,971
Agriculture / 2,582
Education / 580,152
Health & Welfare / 110,571
Administration & Miscellaneous / 132,056
Members Salaries & Expenses / 140,328

To minute no. 11/1104.

4/0105

Reports of Committee Meetings

Resolved, on the proposal of Councillor Ridge, seconded by Councillor Conway that the minutes of the Celbridge Area Committee meetings of 5 November and 10 December, 2004 be confirmed and taken as read.

Resolved on the proposal of Councillor Murphy seconded by Councillor Kelly that the minutes of the Leixlip Area Committee meeting of the 19 November, 2004 be confirmed and taken as read.

Resolved on the proposal of Councillor McNamara, seconded by Councillor Glennon that the minutes of the Naas Area Committee meeting of 30 November 2004 be confirmed and taken as read.

Resolved on the proposal of Councillor Hendy, seconded by Councillor Miley that the minutes of the Athy Area Committee meeting of 8 November, 2004 be confirmed and taken as read.

Resolved on the proposal of Councillor Weld, seconded by Councillor L. Doyle that the minutes of the Clane Area Committee meeting of 9 November, 2004 be confirmed and taken as read.

5/0105

Appointment of four members to the V.E.C.

Mr. Minnock reported that following receipt of legal advice, it was proposed to re-advertise for nomination of women members to the County Vocational Education Committee and to hold the election for them and the eligible men nominees on the occasion of the February monthly meeting of the Council.

Resolved that the elections be held as proposed.

6/0105

Appointment of members to Strategic Policy Committee

The administrator reported on the receipt of nominations from national partnership pillars in respect of the strategic policy committees.

Resolved on the proposal of Councillor L. Doyle, seconded by Councillor Weld, that appointments be made as follows:

Economic Planning and Development Committee – Ms. Deirdre Coughlan-Murray, Clarke Recruitment, Clarke House, John’s Lane, Naas (representative of business sector)

Mr. Sean Reilly, Prosperous, Naas (representative of Development/Construction sector)

Housing and Social Inclusion Committee – Mr. John Cummins, Financial Services, Henry Street, Newbridge (representative of Development/Construction sector)

Environment and Services Committee – Mr. Larry Martin, Drehid, Carbury (representative of the agricultural farming pillar)

Mr. Patrick O’Reilly, 8 Lakeside Park, Naas (representative of the business sector)

Transportation Committee – Mr. Tim O’Dea, Barrettstown, Barrettstown Castle, Ballymore Eustace (representative of the business sector)

Local Urban and Rural Development Committee – Mr. Gerard Smith. Lewistown, Newbridge (representative of the agricultural/farming pillar)

Mr. John O’Connell, Combined Asset Management, 10 Seapoint Business Park, Rosemount, Ballycullen Road, Dublin, 11 (representative of the business sector)

7/0105

Material Contravention of Kildare County Development Plan1999

Planning Reference 04/1158 – Goldman Securities Ltd.

Retention of portion of industrial building at Gallowshill, Dublin Road, Athy.

The members considered report of the Director of Planning and Public Safety dated 20 January, 2005 in relation to the application for retention of portion of industrial building, previously approved within Athy Town Council boundary, and being re-located within Kildare County Council’s functional area.

Resolved, on the proposal of Councillor Hendy, seconded by Councillor Miley, with twenty one members voting in favour no votes against and no abstentions, that the Council consent to a material contravention of the Kildare Development Plan 1999 to permit development as proposed in this case.

8/0105

Material Contravention of Celbridge Development Plan 2002

Planning Reference 04/1798 – Aldi Stores (Ireland) Ltd.

Demolition of existing industrial unit and construction of single storey discount foodstore at Maynooth Road (site formerly known as Schneider Electric), Celbridge, Co. Kildare.

The Council considered report dated 21 January 2005 from the Director of Planning and Public Safety recommending consent to a material contravention of the Celbridge Development Plan in this case. Following a lengthy debate, in which concerns were expressed about aspects of the proposed development, it was

Resolved that the Council adjourn further consideration of the application until 7 February.

9/0105

Disposal of Land

(a) 25 Sunnyside Lawns, Dun Brinn, Athy

The Council considered statutory notice dated 6 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 25 Sunnyside Lawns, Dunn Brinn, Athy, Co. Kildare to David & Mary Barcoe 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 Doyle, seconded by Councillor Black, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to the disposal in accordance with the terms of the statutory notice.

(b) 1387 St. Evin’s Park, Monasterevin

The Council considered statutory notice dated 6 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 1387 St. Evin’s Park, Monasterevin, Co. Kildare to John Ruddy 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.

(c) 9 Fortbarrington Drive, Dunn Brinn, Athy

The Council considered statutory notice dated 6 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 9 Fortbarrington Drive, Dunn Brinn, Athy, Co. Kildare to Maria O’Connell 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.

(d) 6 The Waterfront, Naas

The Council considered statutory notice dated 6 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 6 The Waterfront, Naas, Co. Kildare to John O’Brien 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.

(e) 2512 Woodside Park, Kildare Town

The Council considered statutory notice dated 6 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 2512 Woodside Park, Kildare, Co. Kildare to Akeem & Foloshade Oyeniye 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.

(f) No. 2 Castle Park, Athy (1825 Athy)

The Council considered statutory notice dated 5 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of house No. 2 Castle Park, Athy (1825 Athy) to Athy Town Council for the sum of €130,000.00 and subject to the conditions as outlined in the notice.

(g) Rear of 1164 Drogheda Street, Monasterevin

The Council considered statutory notice dated 13 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of small plot of land at rear of 1164 Drogheda Street, Monasterevin to Edward O’Rourke for the sum of €10.00 and subject to the conditions as outlined in the notice.

(h) Anne Street, Prosperous

The Council considered statutory notice dated 21 January, 2005 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to transfer plot 2.6m x 2.2m for substation in connection with Prosperous Housing Scheme (24 houses and 10 private sites) at Anne Street, Prosperous to ESB for the sum of €1.27 and subject to the conditions as outlined in the notice.

10/0105

Draft Traveller Accommodation Programme 2005-2008

Mr. Lahart presented the draft programme and described its contents.

Resolved on the proposal of Councillor Dukes that the programme be noted

and that

the Minister for the Environment, Heritage and Local Government be petitioned to reinstate the special consultative committee, which had been working on traveller accommodation in the Dublin area.

11/0105

Date for consideration of draft County Development Plan

Resolved, on the proposal of Councillor Doyle seconded by Councillor Black, that the Council consider the draft County Development Plan on 7 February, 2005.

12/0105

Taking in charge of Ballycannon Group Water Scheme

The members noted a recommendation from the Water Services Department that this scheme be taken in charge.

Resolved on the proposal of Councillor Weld, seconded by Councillor Doyle, that the Ballycannon Group Water Scheme be taken in charge.

13/0105

Housing Progress Report

Mr. Lahart presented the report and detailed the contents thereof. He also answered members queries on the report.

Resolved that the report be noted

14/0105

Local Government Planning and Development Act 2000

Local Government (Planning and Development) Regulations 2001 Part 8

Proposed 25 unit housing development and 9 subsidised sites at Ottomy Heights, Clane.

The Council considered the following motion in the name of Councillor McEvoy, which had been submitted in connection with the approval given at the December monthly meeting of the Council (Minute No. 3/1204 refers).

It is proposed to amend the manager’s report of 20 December 2004, which recommended the construction of a 25 unit housing development and 9 subsidised sites at Ottomy Heights, Clane. The proposal was provisionally approved on the condition that An “alternative exit” to the Prosperous Road could be found. In the absence of a successful outcome to this endeavour, it is now proposed that the wall at the location of the proposed pedestrian access be replaced with a 2.1 metre high wall in accordance with the agreement concluded with the Council’s Architect the details of which were furnished to the Residents Association of Liffey Lawn in Drawing No. 610 dated June, 2001. It is further proposed that the construction work involved be implemented as part of securing off the site before construction commences.

The motion had the consent of Councillors Weld, McGinley, Glennon and Murphy, and was proposed by Councillor McEvoy and seconded by Councillor Weld.