Ordinary Meeting
7th April, 2014, Moynalty Community Hall
An Cathaoirleach, Councillor John V. Farrelly presided.
Members Present:
Councillors Joe Bonner, Sirena Campbell, William Carey, Shane Cassells, Eugene Cassidy, Jimmy Cudden, Francis Deane, Ann Dillon-Gallagher, Jimmy Fegan, Brian Fitzgerald, Joe Fox, Oliver Fox, Wayne Harding, Jim Holloway, Eoin Holmes, Suzanne Jamal, Arian Keogan, Nick Killian, Noel Leonard, Tracy McElhinney, Niamh McGowan, Jenny McHugh, Maria Murphy, Gerry O’Connor, Bryan Reilly, Joe Reilly, Tommy Reilly, Catherine Yore
Apologies:
Officials in Attendance:
County Manager: Jackie Maguire
Directors of Service: Kevin Stewart, Fiona Lawless, Joe Fahy(A), Tadhg McDonnell, Des Foley
Meetings Administrator: Olive Falsey
Senior Executive Officers: Larry Whelan, Michael Griffin
Finance Staff: Paul Timoney, Financial Accountant, Sheila Harkin
Planning Staff: Pat Gallagher, Senior Planner, Fiona Redmond, Senior Executive Planner
1.0 Confirmation of Minutes
1.1 Confirmation of minutes of Ordinary meeting held on 3rd March, 2014.
The Minutes of Ordinary meeting held on 3rd March, 2014 were confirmed on the proposal of Councillor Noel Leonard and seconded by Councillor Willie Carey.
2.0 Matters arising from the Minutes
No matters arising
3.0 Expressions of Sympathy and Congratulations
Sympathy was extended to:
· Michael Murtagh (Finance), Gerard Murtagh (Environment & Water Services) & Marion Tobin (Environment & Water Services) on the death of their father Patrick Murtagh.
· Frank O’ Brien, former County Manager on the death of his sister Ellen Markey.
· Angela Dunne (Finance) and Jarlath Flanagan (Water Services/Environment) on the death of their father/uncle, Sean Flanagan, former employee.
· Margaret Leavy, Fire Service Office, on the death of her brother Tony Hogan.
· Jim Gibney (Planning/Strategic Infrastructure) and Mary Gibney (Housing) on the death of their mother/mother- in- law Patricia (Trixie) Gibney.
· Mary Halpin (Finance Section) and Barnie Gaffney (Kells Town Council/Area Office) on the death of their mother Anne Gaffney.
Congratulations were extended to:
· Dunshaughlin athlete Paddy Maher on recently winning the International Schools Cross- Country Championships.
4.0 Disposal of Land in accordance with Statutory Notices circulated pursuant to the provisions of Section 183 of the Local Government Act, 2001
5.0 Statutory Business
5.1 Finance
5.1.1 To receive Draft Annual Financial Statement 2013.
Fiona Lawless, Head of Finance, made the presentation, which included information on the:
· Annual Financial Statement 2013 – Revenue and Overall Surplus
· Reduction of cumulative deficit 2005 to 2013
· Surplus (Deficit) 2000 to 2013
· Analysis of Annual Income and Expenditure
· Summary of Major Collections 2013
· Summary of Collections 2009 - 2013
· Capital Expenditure 2009 - 2013
· Development Levy Balances 2009 - 2013
· Significant Capital Balances
· Review of 2013
Following the presentation, Councillors raised a number of issues and responses were provided by the Head of Finance and the County Manager.
The Draft AFS was noted on the proposal of Councillor Willie Carey and seconded by Councillor Jimmy Fegan.
5.1.2 To approve (i) revised expenditure for the financial year ended 31st December, 2013 as set out in Table A in accordance with S104 of the Local Government Act 2001 and (ii) transfers to and from Capital as set out in Table B.
Approved on the proposal of Councillor Maria Murphy and seconded by Councillor Eugene Cassidy.
5.2 Planning
5.2.1 To consider proposed Variation 2 to the Meath County Development Plan 2013-2019 together with the County Manager’s report on submissions received and the recommendations of the Area Committees and, if thought fit, to resolve to amend the variation as recommended by the County Manager, with or without further modification pursuant to Section 13 of the Planning and Development Acts 2000-2014.
Bernard Greene, Senior Executive Planner, made the presentation on the process to date and outlined the recommendations of the County Manager and the various Area Committees. Having considered the draft Variation and Manager’s report, together with the recommendations of the Area Committees, the Councillors resolved not to accept the Managers recommendation on Variation 2 to the Meath County Development Plan 2013-2019 with respect to the following 9 no. submissions:
1. (Trim) - Submission 1064 Maguire & Associates on behalf of High Degree Construction Limited
Trim Area Committee recommended acceptance of the Manager’s Recommendation except in relation to the inclusion of one site for residential development.
· Members agreed to include Phase I of the subject lands (2.03 hectares) within the lands identified for release in Phase I coinciding with the life of the County Development Plan 2013-2019 and to place Site G (2.02 hectares) in Phase II accordingly.
Agreed as recommended by the Members, on the proposal of Councillor Tracy McElhinney and seconded by Councillor Jimmy Fegan.
2. (Trim) - Submission 1071 O’Connor Sutton Cronin / Future Analytics on behalf of Rybo Partnership
Trim Area Committee recommended acceptance of the Manager’s Recommendation but wished to include an additional statement in the text of the Enfield Written Statement which indicated “The White Lands (Strategic Lands) in Enfield are intended primarily for enterprise and employment uses”. This would clarify their intention for such lands.
Agreed as recommended by the Members, on the proposal of Councillor Jimmy Fegan and seconded by Councillor Joe Fox.
3. (Ratoath) - Submission 1094 PD Lane Associates on behalf of Luc Hemeryck
Dunshaughlin Area Committee recommended acceptance of the Manager’s Recommendation except in relation to the following;
· Recommend that the residential site (Site E 1.34 hectares) be identified in Phase I and that the site opposite (Site C 2.3 hectares) and adjoining Fox Lodge Manor be included in Phase II lands.
Agreed as recommended by the Members, on the proposal of Councillor Nick Killian and seconded by Councillor Niamh McGowan.
4. (Clonee) – Submission 1054 Declan Brassil & Co. on behalf of Hickcastle Ltd & Hickwell Ltd
Dunshaughlin Area Committee recommended not to accept the Manager’s recommendation and recommended identification of 7 hectares of land as E2 “General Enterprise & Employment” and E3 “Warehousing & Distribution” land use zoning objective adjoining the Hub Logistics Park at Bracetown.
Agreed as recommended by the Members, on the proposal of Councillor Brian Fitzgerald and seconded by Councillor Maria Murphy.
5. (Clonee) - Submission 1055 Declan Brassil & Co. on behalf of Matt Brady
Dunshaughlin Area Committee recommended not to accept part of the Manager’s recommendation – They recommended to retain the residential zoning on the eastern (smaller) parcel of lands and be included in Phase II (Post 2019)
Any application would be accompanied by a site specific flood risk assessment. Furthermore, the Eastern CFRAM mapping & Management Plan would also be published in the next year which would allow the SFRA mapping which informed Variation No. 2 to be reviewed.
Agreed as recommended by the Members, on the proposal of Councillor Nick Killian and seconded by Councillor Noel Leonard.
6. (Dunboyne) – Submission 1078 Declan Brassil & Co. on behalf of McGarrell Reilly
Dunshaughlin Area Committee recommended not to accept the majority of the Manager’s recommendation and recommended to revert to the wording on Pace OBJ 1 & OBJ 2 in the draft Variation.
• The members accepted to include that the Integrated Framework Plan for Land Use & Transportation should be subjected to SEA / AA.
• This decision would also have to be reflected in the Members consideration of the Manager’s recommendation in submission no. 1043 by the National Roads Authority as it is the same recommendation in all both instances.
• Referred to in response to NTA submission 1090 but not included in recommendation.
Dunshaughlin Area Committee also recommended To remove all references to ‘agreement’ with statutory stakeholders in relation to any IFPLUTS or Framework Plan referred to in the Variation and County Development Plan and that such references should be replaced with ‘consultation’.
Agreed as recommended by the Members, on the proposal of Councillor Brian Fitzgerald and seconded by Councillor Nick Killian.
7. (Dunshaughlin) – Submission 1095 The Big Space – on behalf of Sean Boylan
Dunshaughlin Area Committee recommended not to accept the Manager’s recommendation with regard to lands at Loughsallagh and instead recommended the following
CER OBJ 1 Future Gateway Building
• To provide a single landmark building of significant architectural merit to replace the existing Herbal Medicine facilities in Dunboyne which could include the provision of integrated holistic medical care, research and educational facilities as part of the continued development of Dunboyne Herbs. The building shall be accommodated on lands outside the designated Flood Plain lands, identified ion the land use zoning map.
• Relocate the symbol associated with CER OBJ 1 on the accompanying land use zoning objectives map from lands identified as being at risk of flooding.
Agreed as recommended by the Members, on the proposal of Councillor Noel Leonard and seconded by Councillor Brian Fitzgerald.
8. (Dunshaughlin) – Submissions 1003 & 1048 (Martin Lonergan & Denis Leonard, Dunboyne College of Further Education
Dunshaughlin Area Committee Agreed with the Manager’s recommendation in relation to the rezoning of an area from F1 “Open Space” to G1 “Community Infrastructure” land use zoning objective qualified as being included within an interface with Flood Risk Zones A and B, and;
And recommended not to accept the Managers recommendation on the identification of a specific site and instead chose to rely on SOC OBJ 2 in CDP which seeks “to facilitate the Department of Education & Skills, Meath VEC, other statutory and non-statutory agencies in the necessary provision of primary, post primary and third level educational facilities throughout the County by reserving lands for such uses in the respective Local Area Plans”.
Agreed as recommended by the Members, on the proposal of Councillor Brian Fitzgerald and seconded by Councillor Maria Murphy.
9. (General) – Submission 1043 - NRA
Arising from recommendation on submission 1078. (McGarrell Reilly), the majority of the Manager’s recommendation to amend the wording of PACE OBJ 1 and 2 was also not accepted by the Dunshaughlin Area Committee.
The Area Committee recommended that the Council revert to the wording on Pace OBJ 1 & OBJ 2 in the draft Variation.
The Members accepted to include that the Integrated Framework Plan for Land Use & Transportation should be subjected to SEA / AA.
Remainder of recommendation was accepted by the Dunshaughlin Area Committee.
Agreed as recommended by the Members, on the proposal of Councillor Brian Fitzgerald and seconded by Councillor Noel Leonard.
With respect to the remaining 99 no. submissions, the Councillors resolved to accept the Manager’s report and to place all of the material alterations to Variation no. 2 of the County Development Plan 2013-2019 on public display for a 4 week period on the proposition of Councillor Brian Fitzgerald and seconded by Councillor Noel Leonard.
5.2.2 To consider the proposed amendments to the Draft Trim Development Plan 2014-2020 together with the County Manager’s report on submissions and the recommendations of the Trim Area Councillors and, if thought fit, to make the Trim Development Plan 2014-2020, with or without further modification, pursuant to Section 12 of the Planning and Development Acts 2000-2014.
Fiona Redmond, Senior Executive Planner, made a presentation on the process to date.
Having considered the Draft Trim Development Plan 2014-2020 , the County Manager’s report on submissions to the proposed material alterations and the recommendations of the Trim Area Members, the Councillors resolved to accept the Manager’s report and to make the Trim Development Plan 2014-2020 on the proposal of Councillor Jimmy Fegan and seconded by Councillor Willie Carey.
5.2.3 To consider proposedVariation 1 to the Navan Development Plan 2009-2015 together with the County Manager’s report on submissions received and the recommendations of the Navan Area Committee and, if thought fit, to resolve to amend the variation as recommended by the County Manager, with or without further modification pursuant to Section 13 of the Planning and Development Acts 2000-2014.
Bernard Greene, Senior Executive Planner, made the presentation on the process to date and outlined the recommendations of the County Manager and the Navan Area Committee arising from a joint workshop with Navan Town Council. Of the 20 no. submissions received with respect to the proposed draft Variation, only 3 no. related to the administrative area of Meath County Council. The Navan Area Committee accepted the recommendation of the Manager’s report with respect to all 3 no. submissions. Having considered the Draft Variation and Manager’s report, together with the recommendations of the Navan Area Committee, the Councillors resolved to accept the Manager’s recommendation on Variation 1 to the Navan Development Plan 2009-2015 and to place the material alterations on public display for a 4-week period on the proposition of Councillor Shane Cassells and seconded by Councillor Joe Reilly.
5.3 Environment
5.3.1 To receive a presentation in respect of the Draft Meath County Council Parks By-Laws 2014 and to resolve, if thought fit, to place same on public display in accordance with Part 19 of the Local Government Act 2001.
It was agreed that Councillor Oliver Fox’s question would be dealt with under this item.
Larry Whelan, Senior Executive Officer, made a presentation which included information on the:
· Statutory Requirements –Making By Laws
· Layout of Draft By Laws
· Particular provisions in the Draft By Laws
· Obstruction and Offences
· Beach By Laws
It was noted that the Draft By Laws have been the subject of presentations to the Joint Policing Committee and Environment SPC who recommended that the draft By Laws would be brought to the full Council for approval to go on public display.
Councillors resolved to place the Draft By Laws on public display in accordance with Part 19 of the Local Government Act 2001 on the proposal of Councillor Gerry O’ Connor and seconded by Councillor Jim Holloway.
5.4 Community & Enterprise
5.4.1 To consider the membership structure for the Local Community Development Committee.
Kevin Stewart, Director of Services, Planning, Community and Enterprise, informed that the full report was included in the Councillors’ packs and that the item had being brought to the CPG who recommended that the Council would proceed with the proposed structure. The Meeting was informed that: Local Authorities have been directed to establish the LCDC with immediate effect and to meet in April or May. Further guidelines and directions will issue later this month. However all indications are that the final guidelines will provide for a committee of 17 and the approval of the Council is sought to establish a Local Community Development Committee for Meath as follows: