Minutes - Kildare County Council - 27/09/04

KILDARE COUNTY COUNCIL

Minutes of Monthly Meeting of Kildare County Council

held on Monday 26th July, 2004 at 2.00 p.m.

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

Members present: Councillor Billy Hillis (Mayor), Councillors P. Black, F. Browne, K. Byrne, L. Doyle, S. Doyle, W. Callaghan, G. Conway,

M. Dalton, S. Doyle, F. Dukes, M. Fitzpatrick, M. Glennon,

R. Hendy, P. Kelly, T. McEvoy, J. McGinley, P. McNamara,

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

Apologies: Councillor Senan Griffin.

Also Present: Mr. N. Bradley, Co. Manager, Mr. T. Skehan, Director of Planning and Public Safety, Mr. J. Boland, Director of Transportation and Environment, Mr. E. O’Sullivan, Head of Finance, Ms. P. Hickey, Acting Director of Housing and Water Services, Mr. C. Talbot, Meetings Administrator, and other officials.

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1/0704

Minutes

Council Meeting 26th April, 2004.

The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor Doyle.

Adjourned Meeting 21st May, 2004.

The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor Doyle.

Referring to the minutes Councillor Murphy requested that a programme for sale of compost bins throughout the county be introduced and that her motion on the Liffey Valley National Park be re-listed for the September meeting.

Resolved that this be noted.

Annual Meeting 25th June, 2004

The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor Doyle.

Council Meeting 28th June, 2004

The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor Doyle.

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Minutes of Committee Meetings

Kildare Area Committee 3rd June, 2004.

Resolved on the proposal of Councillor Dukes, seconded by Councillor S. Doyle that the minutes be confirmed and taken as read.

Clane Area Committee 9th March, 2004.

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

Athy Area Committee 10th May, 2004.

Resolved on the proposal of Councillor Hendy, seconded by Councillor Miley that the minutes be confirmed and taken as read.

Referring to the minutes of the Athy meeting, Councillor Hendy sought immediate action on the issue of weed control on the Moone/Timolin By-Pass.

Resolved that the request be noted.

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Material Contravention of the Kildare Local Area Plan 2002

Planning File Reference 04/927

Irish International Tourist Outlets Limited.

The members considered the report of the Director of Planning and Public Safety and the Acting Senior Planner dated 20th July 2004, which had been circulated in advance of the meeting in relation to the request for the development of a tourist outlet village which will comprise of 53 units with a gross floor space area of 10,925 sq. metres on a site of approximately 8.1 hectares, the outlets to be arranged around three linked and uncovered streets at New Nurney Road and Grey Abbey Road, Kildare Town. The report outlined the background to the proposal, the objections, the submissions and observations received during the public consultation period and the responses to these and recommended the material contravention to the members. A number of members spoke in favour of the proposal and welcomed the opportunities which this development would bring to the town of Kildare and the county in general.

Resolved on the proposal of Councillor Dukes, seconded by Councillor S. Doyle, with 24 members voting in favour, none voting against and no abstentions, that the Kildare Local Area Plan 2002 be materially contravened in respect of planning application 04/927.

04/0704

Material Contravention of the Kildare County Development Plan 1999

Planning Reference 04/55

M. Purcell and G. Deane.

The members considered the report of the Director of Planning and Public Safety and Acting Senior Planner dated 20th July 2004, which was issued in advance of the meeting and referred to a request for site access, road and sewage pumping facilities, connection to existing public mains, surface water attenuation and outfall to existing water course for servicing the proposed housing development at Geraldine Road, Prussellstown, Athy, Co. Kildare. The report set out the background to the proposal and confirmed that no submissions were received during the statutory display period. The members were advised that the proposal is to serve the adjoining site for the proposed housing development located within the administrative boundary of Athy Town Council and that Athy Town Council had passed a material contravention on the housing development at their meeting on 21st July 2004. The material contravention was recommended to the members.

Resolved on the proposal of Councillor Dalton, seconded by Councillor Miley, with 19 members voting in favour and three voting against that the Kildare County Development Plan 1999 be materially contravened in respect of planning application 04/55.

05/0704

Planning and Development Act 2000

Planning and Development Regulations 2001 - Part 8

Refurbishment of Leixlip Bridge

The members considered the report of The Director of Transportation and Environment and Molloy Pollock Punch Consulting Engineers ,on the Part 8 proposal for the refurbishment of Leixlip bridge. Mr. Boland, outlined the contents of the report and a technical summary of the elements involved in the scheme were outlined by Mr. Ger Halligan for Molloy Pollock Punch. Mr. Boland advised that the report contained a proposal to amend the overall height of the wall to 1.25 metres with a 0.75 railing and that the overall height of the structure was being retained in the interests of safety and security. He also advised that in relation to item six a different form of railing more in keeping with the bridge structure would be provided. Councillor Kelly welcomed the proposal and the fact that most of the points raised in the submissions had been addressed, he asked if the height of the wall could be reduced and requested assurances that any work carried out would not prevent a possible pedestrian link in the future.

Councillor Murphy sought increased protection where the railing are in place and she raised concerns regarding the transportation of dangerous substances through the village and requested that the management plan for the work including proposals for a leaflet drop and traffic management be viewed by the area committee. Mr. Boland undertook to see if further improvements in the height of the wall could be effected. He confirmed that the proposal would not inhibit any future pedestrian link proposals. It was confirmed that the issue of dangerous substances travelling through the village was being addressed with the National Roads Authority.

Resolved on the proposal of Councillor Kelly, seconded by Councillor Murphy, that the Part 8 proceed as outlined in the report.

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South Green Action Area Plan

The members considered the proposed South Green Action Area Plan which had been circulated in advance of the meeting. A number of members raised queries in relation to the plan under consideration and action area plans in general and these were addressed by Mr. K. Kelly, Senior Executive Officer Planning.

Councillor S. Doyle, seconded by Councillor Dukes, proposed the following amendment:

Page 12, Neighbourhood Centres – amend third paragraph to the following “facilities such as convenience, small scale retail outlets, services, crèches, cafes and community facilities are considered generally permitted on these sites”. (Other references to be amended accordingly).

Councillor Dukes, seconded by Councillor S. Doyle, proposed the following amendment:

Page 6, second paragraph, last sentence to be amended to the following “within this context a playground will be provided in this area”.

Resolved on the proposal of Councillor Dukes, seconded by Councillor S. Doyle, that the South Green Action Area Plan be adopted subject to the two amendments outlined above.

07/0704

Strategic Policy Committee Scheme 2004

The members considered the proposed draft scheme for the formation of Strategic Policy Committees and the report of the Director of Corporate and Cultural Affairs dated 19th July 2004.

Resolved on the proposal of Councillor Fitzpatrick, seconded by Councillor Dalton, that the Strategic Policy Committee Scheme 2004 be adopted.

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Disposal of Land

The Council considered statutory notice dated 13th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 13 Patrician Crescent, Naas, Co. Kildare,to Donall and Martina Fitzpatrick 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 Nolan, seconded by Councillor Hendy, 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.

The Council considered statutory notice dated 6th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 12 Fortbarrington Drive, Athy, Co. Kildare, to Richard Donegan and Triona O’Hanlon 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.

The Council considered statutory notice dated 6th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 103 Loughbollard, Clane, Co. Kildare, to Fergal and Louise Byrne 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.

The Council considered statutory notice dated 6th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 8 The Hollands, Rheban Manor, Athy, Co. Kildare, to Richard Leonard and Mary Berney 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.

The Council considered statutory notice dated 14th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to lease of land known as Site of Old Library at Bishopsland, Ballymore Eustace, Co. Kildare, to Ballymore Eustace Community Development Association in consideration of an annual rent of €50.00 pursuant to the conditions set out in the lease agreement.

The Council considered statutory notice dated 7th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of plot of ground measuring 0.0014 ha. at Castlemitchell, Athy, Co. Kildare, to Martin Fitzgerald for the sum of €100 and subject to the conditions as outlined in the notice.

The Council considered statutory notice dated 7th July 2004 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of plot of ground measuring 0.181 ha. at Hobartstown, Moone, Co. Kildare, to Mrs. Mary Nolan for the sum of €190.46 and subject to the conditions as outlined in the notice.

09/0704

2004/2005 Higher Education Grants Scheme

The members considered the proposed Higher Education Grant Scheme for 2004/2005 which was circulated in advance of the meeting.

Resolved on the proposal of Councillor Power, seconded by Councillor Glennon, that the Higher Education Grants Scheme be adopted.