MINUTES OF MAYO COUNTY COUNCIL ADJOURNED SPECIAL MEETING HELD ON MONDAY, 10th DECEMBER, 2007, AT 2.00 p.m.

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The Cathaoirleach, Cllr. S. Weir, was in the Chair.

The other Councillors present were:-

Cllrs. M. Mulherin, J. Munnelly, Johnnie O’Malley, P. O’Brien, D. Ryan, H. Walsh, G. Coyle, M. Holmes, M. McNamara, T. Quinn, C. Burke, H. Kenny, A. McDonnell, P. McGuinness, J. Mee, M. Carty, T. Connolly, J. Cribbin, P. McHugh, E. Lavin, J. Maloney, J. Mellett, G. Murray, M. Adams, F. Chambers, A. F. O’Malley, John O’Malley.

The Council Staff in attendance were:-

Mr. D. Mahon, Co. Manager, Mr. J. Beirne, Dir. of Services/Co. Engineer, Mr. J. Loftus, Dir. of Services, Mr. J. Condon, Meetings Administrator, Mr. P. Hynes, Dir. of Services, Mr. S. Granahan, Dir. of Services, Mr. P. Duggan, Head of Finance, Mr. P. Bourke, A/Dir. of Services, Mr. I. Douglas, Senior Planner, Ms. B. Cunningham, Sen. Ex. Planner, Mr. J. McMyler, Sen. Ex. Planner, Mr. A. DiLucia, Ex. Planner, Ms. T. Stanaway, Ex. Planner, Mr. B. Freeman, T/Asst. Planner, Mr. B. Conway, Grad. Planner, Ms. C. Lynch, Clerical Officer.

Mr. M. Browne, Solicitor, and Mr. P. Fingleton of CAAS (Environmental Services) Ltd., were also in attendance.

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ITEM NO. 1.

TO CONSIDER DRAFT MAYO COUNTY DEVELOPMENT PLAN (PREVIOUSLY CIRCULATED), THE MANAGER’S REPORT ON THE SUBMISSIONS/OBSERVATIONS RECEIVED IN RELATION TO THE DRAFT MAYO COUNTY DEVELOPMENT PLAN (PREVIOUSLY CIRCULATED), AND THE STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT THEREON (PREVIOUSLY CIRCULATED).

Mr. I. Douglas, Senior Planner, clarified details regarding the Dublin Corporation Stormwater Criteria which were queried during the previously adjourned Meeting. He also stated that DH46 related to a recommendation from the National Roads Authority about housing development on National Primary and Secondary Routes.

Cllr. P. McGuinness confirmed that the Elected Members would accept DH10 and reject DH46.

It was agreed that proposals 1, 2, 3, 5 and 7 had now been resolved.

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Proposed by Cllr. A. McDonnell

Seconded by Cllr. P. McGuinness

Resolved:-

Proposal 8(1)
Executive Summary / Land Use, Rural & Urban Settlement / Delete all after ‘…hub towns’ in 2nd paragraph of 1st bullet point.
Proposal 8(2)
Executive Summary / Land Use, Rural & Urban Settlement / Change 2nd bullet point to read ‘To strengthen the role of the County’s towns, villages and rural areas in the context of a balanced approach to a settlement strategy which emphasises the critical and strategic role to the towns, villages and rural areas in addressing rural decline and maintaining vibrant rural communities’.
Proposal 8(5)
Executive Summary / Key Aim of the Council / Re-word bullet point No. 2 to read ‘(a) Encourage population expansion, particularly in rural areas, (b) Promote inward migration and (c) address the imbalances in the demographic structure.
Proposal 8(6)
Executive Summary / Overall Strategy - Co Development Plan / Replace 4th paragraph with To promote the sustainability of rural communities by encouraging new residential development in all areas classified in this Plan as Structurally Weak’
Proposal 8(7)
Executive Summary – Last Page / Overall Strategy - Co Development Plan / 4th bullet point bottom of final page replace the word ‘in’ with ‘and’.
Point would now read The consolidation and strengthening of rural villages and the wider rural areas.
Proposal 8(8)
Executive Summary – Last Page / Overall Strategy - Co Development Plan / Add ‘since 1926, to end of last bullet point.
Point would now read ‘The regeneration of rural areas that have experienced population decline since 1926’.
Proposal 8(9)
8 / 1.2.4 / Delete 4th bullet point and replace with ‘Support towns, villages and rural areas that have recorded population loss since 1926 to reverse population decline’.
Proposal 8(10)
8 / 1.2.4 / Add the following sentence at end of last paragraph of chapter 1.2.4 ‘This settlement strategy will not be implemented in a manner which hinders the provision of single rural houses’.
Proposal 8(11)
16 / Land Use, Rural & Urban Settlement / Final Paragraph: After ‘…vibrant towns’ insert comma; after ‘…villages’ insert ‘and the wider rural areas’; delete all after ‘…suffered population decline’ in final sentence.
Proposal 8(12)
16 / Key Issues
1. (a) / Delete the word ‘…recent’.
Proposal 8(13)
16 / Key Issues
1. (b) / Insert the words ‘outside Clár designation’ between ‘…other areas’ and ‘…under pressure’.
Proposal 8(14)
16 / Key Issues
2. / Rephrase to read To strengthen the role of the County’s towns, villages and rural areas in the context of a more balanced approach to a settlement strategy which emphasises the crucial and strategic role of the towns, villages and rural areas in addressing rural decline and maintaining vibrant rural communities.
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Proposal 8(15)
16 / Key Issues
Add New Point 3. / Add: ‘The plan equally recognises the vital role which those who live in rural areas play in supporting the vibrancy of their adjacent towns and villages’.
Proposal 8(16)
17 / Water Quality Protection / 2nd sentence –‘underestimated’ should read ‘overestimated’
Proposal 8(17)
17 / Landscape Protection / Replace ‘Protection’ with ‘Management’ Accept advice of Senior Planner and add word ‘Sustainable’.
Proposal 8(18)
18 / Landscape Protection / Key Issue No. 1. Replace ‘Protection’ with ‘Management’. Accept advice of Senior Planner and add word ‘Sustainable’.
Proposal 8(19)
20 / Tourism / 2nd Paragraph; Replace ‘protection’ with ‘development’ and insert the word ‘by’ between ‘…natural environment’ and ‘…the provision of infrastructure’.
Proposal 8(20)
20 / Islands & Gaeltacht Maigh Eo / Key Issue: Insertthe words ‘and increased’ between ‘…is stabilised’ and ‘…in order that they remain’.
Proposal 8(21)
21 / Overall Strategy / Add new bullet point to read ‘To promote sustainability and vibrancy in rural communities.
Proposal 8(22)
23 / 2.1.3 / Change 2nd bullet point to read ‘To ensure, as far as available resources permit, that every family either currently living or intending to settle in the county can obtain a dwelling of a good standard in a location of their choice, at a price or rent that is affordable and in a manner which is in accordance with the principle of sustainable development’.
Proposal 8(23)
23 / 2.1.3 / Insert additional bullet point as follows ‘To ensure, in conjunction with Central Government, that persons who wish to re-locate from rural areas to urban areas will qualify to purchase an Affordable Home at Affordable Rates.
Proposal 8(24)
24 / 2.2 / Add: ‘as defined in revised Map 5’ to sentence in Point No. 7.
Proposal 8(25)
24 / 2.2.2 / Delete ‘…consolidation and’ from bullet point 4.
Proposal 8(26)
24 / 2.2.2 / Insert ‘and the facilitation of those who wish to live in the open countryside’ between ‘…in the countryside’ and ‘…in accordance with’
Recommendation: This amendment is only acceptable in the context of the County Settlement Strategy and Map 5 as proposed in the draft Plan..
Proposal 8(27)
31 / 2.2.5 / Rephrase the wording of the 1st sentence in 2nd paragraph to read ‘The smaller towns, villages and wider rural areas of the county are a vital link in the rural-urban continuum’.
Proposal 8(28)
34 / 2.2.7 / Replace the word ‘all’ with ‘many’ in 3rd sentence of 1st paragraph.
Delete the words ‘They offer an alternative and attractive’ to ‘a’ in last sentence of 1st paragraph. Last sentence to read ‘as such they offer a choice of location for people wish to live in a rural environment’.
Proposal 8(29)
34 / 2.2.7 / Delete the words ‘…consolidation and’ from 1st sentence in 2nd paragraph.
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Proposal 8(30)
34 / 2.2.7 / Add at end of 3rd paragraph: ‘The council will actively work in full cooperation with potential developers to provide some or all of this infrastructure on an agreed partnership basis’. Accept Senior Planners advice to apply ‘in towns or villages where there is a local area plan adopted’.
Proposal 8(31)
34 / Table 9 / Add: Clogher, Carnacon , Manulla, Ardagh, Brickens, Cooneal, Cushlough, Kilfian, Lecanvey and Murrisk.,
Proposal 8(32)
34 / CSS-3.1 / Delete the words ‘…and consolidated’.
Proposal 8(33)
34 / CSS-3.2 / Replace the word ‘consolidation’ with ‘vibrancy’.
Proposal 8(34)
35 / CSS-3.5 / Delete the words ‘,as resources permit,’.
Add at end of paragraph ‘The absence of such plans will not be used as a reason to refuse planning permission’.
Proposal 8(35)
35 / CSS-3.7 / Delete and replace with ‘To purchase and develop, in cooperation with potential developers, land banks of suitably located lands in or adjacent to the Rural Villages to meet the demands for housing or other social and community needs. The council will use its Compulsory Purchase Orders powers where appropriate to acquire such land’.
Proposal 8(36)
35 / CSS-3.10 / Add: ‘Such indicators will have to be approved by the members of the council before being applied’.
Proposal 8(37)
35 / 2.2.8
P/Z-1 / 1st Bullet point: Replace‘…providing for’ with ‘having regard to’.
4th Bullet point: Rephrase as follows ‘Residential objectives which promote the identification of opportunities for infill development and strengthening of existing towns and villages subject to best practice in design and environmental protection.
Add 6th Bullet: ‘Mayo County Council recognises that the strengthening of these towns and villages does not involve prohibiting those who wish to live in the countryside from doing so’.
Proposal 8(42)
44 / 3.1 / Insert the words ‘and social’ between ‘economic’ and ‘development’ in 2nd sentence of 1st paragraph.
Proposal 8(43)
44 / 3.1 / Change ‘bigger picture’ to ‘total package’ in last sentence of last paragraph.
Proposal 8(44)
Page / Section / Amendment
49 / P/EA-RT 2 / Delete all after ‘…town centres.
Proposal 8(45)
49 / P/EA-RT 9
New Policy / ‘It is the policy of the Council that proposals for retail development in towns and villages will be assessed on their capacity to make a positive contribution to the general townscape through the promotion of excellence in urban design including an upgrade in the built environment and shop facades’.
Proposal 8(46)
49 / P/EA-RT 10
New Policy / Insert ‘It is the policy of the Council to appropriate portion of development Levies on new large retail units for the strengthening and enhancement of the six key towns and smaller villages in the County’.
Proposal 8(47)
49 / P/EA-RT 11
New Policy / Insert ‘It is the policy of the Council to maximise the use of town centres for retail use and, in the case of Ballina, Castlebar and Westport to encourage the development of Park & Ride facilities’.
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Proposal 8(48)
50 / O/EA-RT 5
New Objective / Insert ‘It is an objective of the Council to carry out an examination of the options for and the feasibility of developing the Park & Ride concept around the major towns in the county’.
Proposal 8(49)
50 / O/EA-RT 6
New Objective / Insert ‘It is an objective of the Council that the Development Contribution Scheme under the2000 Planning andDevelopment Act be reviewed before the end of 2008.
Proposal 8(51)
52 / O/ TI-R 5
New Objective / ‘It is an objective of Mayo County Council to co-operate with private enterprise to provide a Stock Car Racing Track in the county’.
Proposal 8(52)
54 / O/ TI-RL 1 / Add: ‘from Swinford, Kiltimagh, Charlestown or whichever route is deemed the most suitable for such a link’.
Proposal 8(53)
72 / O/EH-CZ 1 / Delete all after ‘…Management Plan’ and replace with ‘the entire Mayo coastline’.
Proposal 8(54)
87 / 4.1.1 / Replace the words ‘consider taking’ to ’take’.
Proposal 8(55)
109 / 4.9.7 / Delete the entire chapter
Proposal 8(56)
141 / 4.22 / Add new Heading: Fencing.
‘It is a requirement of the Planning Regulations (9.(I)(x) that the fencing of hitherto open land requires planning permission. There has been a large increase in the amount of new fencing in the upland areas of the county. Barbed wire has been used in most of this new fencing which, in the absence of stiles or gates, makes access for recreational users of the countryside almost impossible.
Traditional hill sheep farming rarely required fencing but, since the introduction of REPS, sheep farmers are required to stock-proof their lands. The challenge is to ensure that such fencing will be done in a manner that will meet the requirements of REPS without impinging on access for hill walkers.
Taking account of (a) the needs of farmers and (b) the desirability of maintaining access for hill walkers the Council will use the following criteria when considering applications for new fencing on hitherto open land: -
•Fencing in upland or amenity areas will not normally be permitted unless such fencing is essential to the viability of the farm and that it conforms to best agricultural practice.
•The nature of material to be used, the height of the fence and, in the case of a wire fence, the type of wire to be used will be taken into account.
•Stiles or gates at appropriate places will be required
•Barbed wire will not be used for the top line of wire’.
32 / Retail Strategy
6.25 / Delete last sentence in paragraph and replace with ‘The sale of goods outside of the foregoing categories will not normally be permitted’.
Proposal 8(59)
32 / Retail Strategy
6.26 / Delete last sentence in paragraph.
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Proposal 8(60)
33 / Retail Strategy
6.30 / Delete entire paragraph and replace with ‘Taking into account the nature and sizes of existing population settlements in the county and, because it is a policy of the Council ‘To actively promote the retention and further development of local shopping facilities in other retail centres to provide for local need, to help smaller centres to retain their local catchment areas and to support local development in accordance with the County Settlement Strategy’ (P/EA-RT5), there will be a presumption against the development of District Centres in the County’.
Proposal 8(61)
33 / Retail Strategy
6.36 / Delete all after ‘…town centre’ in 2nd sentence.
Proposal 8(62)
34 / Retail Strategy
6.37 / Insert the words ‘especially pedestrians’ between ‘…means of travel’ and ‘…and its impact’.
Proposal 8(63)
34 / Retail Strategy
6.41 / Replace ‘…car users’ with ‘pedestrians’ at end of 2nd sentence. Delete everything after .’town centre’
Proposal 8(64)
34 / Retail Strategy
6.43 / Delete the words ‘…customers and’ from 3rd bullet point.
Proposal 8(65)
35 / Retail Strategy
6.47 / Delete all before ‘…there would be likely’ from 1st bullet point.
Proposal 8(66)
36 / Retail Strategy
7.6 / Add at end of paragraph ‘This programme will include examination of the Park & Ride concept’.
Proposal No. 9 (a)
It will be an objective of Mayo County Council that the word ‘only’ after ‘Language’ be deleted and added to and after ‘In Gaeltacht Areas only’ and that in all areas outside the designated Gaeltacht Areas signage in Irish will not apply.
Proposal No. 9 (b)
It will be an objective of Mayo County Council that subject to the necessary resources being available all non national and secondary roads will be lit throughout and in particular at junctions.
Proposal No. 9 (c)
It will be an objective of Mayo County Council that subject to agreement with Central Government that in future any objections in County Mayo can only be made by people who reside within seven miles of the proposed development or who own property within the same distance of the proposed development.
Proposal No. 9 (d)
It will be an objective of Mayo County Council subject to the agreement of Central Government that no persons, other than person who reside full time in County Mayo will be allowed to object or obstruct any developments in Co Mayo, which have planning approval.
Proposal No. 9 (e)
It will be an objective of Mayo County Council to support the reinstatement of the Western Rail Corridor and associated railway stations, including the section from Claremorris to Collooney as a strategic corridor linking Mayo with Sligo, Galway and Limerick emphasising the potential of a link to Ireland West Airport Knock from either Swinford, Kiltimagh, Charlestown or whichever route is deemed the most suitable to establish such a link.
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Proposal No. 9 (f)
It will be an objective of Mayo County Council that in the interests of road safety in County Mayo, consideration will be given to establishing a “Stock Car Racing Track” where young people will be given an opportunity to drive “Off Road” on a controlled track which will hopefully give them an insight to the dangers of speed and thus hopefully reduce the level of road carnage in the county and hopefully eliminate the Joy Rider phenomenon in the county.
Proposal No. 9 (g)
It will be an objective of Mayo County Council that part of the levies on Large Scale Retail/Commercial Units be utilised to help to develop the six key towns and smaller villages in the County.
Proposal No. 9 (h)
It will be an objective of Mayo County Council that a speed Ramps policy be introduced in order that “Speed Ramps” be constructed in Housing Estates and Through Roads and that the construction of Speed Ramps be a condition in all New Housing Estates.
Proposal No. 9 (i)
Add the following structure in Foxford to the list of Protected Structures in the 2007 Mayo County Council Draft Development Plan
(a) Convent Chapel, Foxford at Lower Main Street. This building was constructed in 1925 and has many Architectural features both inside and outside.
Page / Section / AMENDMENT
RPS / 6 / Add the following structure in Foxford to the list of Protected Structures in the 2007 Mayo County Council Draft Development Plan
(a) Convent Chapel, Foxford at Lower Main Street. This building was constructed in 1925 and has many Architectural features both inside and outside.
Proposal No. 9 (j)
(I am) Requesting that the building described as Groarkes Shop on Bridge Street, Swinford be omitted from the Proposed additions to the record of Protected Structures in the Draft Mayo County Development Plan 2007 for the following reasons:
(1) The building was constructed in the mid 1930’s and not 1980 as stated.
(2) The windows have uPVC window frames, which are not in keeping with a protected structure.
(3) The building is residential in a commercial area and have a protection order on it may hinder its future development for retail use.
Proposal No. 9 (k)
(I am) Requesting that the building to the left of Tower Gift Shop be omitted from the Proposed additions to the record of Protected Structures in the Draft Mayo County Development Plan 2007
Proposal No. 9 (L)
I wish to apply to have the building known as Tower Gift Shop deleted from the proposed list of Proposed Structure in the Draft Mayo County Development Plan 2007 for the following reasons:-
Whilst the upper stories and roof and chimney of the building are original the shop front was added in recent years. The registered owner would like to reserve the right to make any changes or repairs to the shop front which may be necessary in future years.
Proposal No. 9 (m)
(I am) Requesting that the building described as The Sheep Walk Public House be omitted from the Proposed Additions to the Record of Protected Structures in the Draft Mayo Co Development Plan 2007 for the following reasons:
(1) The property is identified as being located at Bridge Street, Swinford, which is incorrect. The correct address if Lower Main Street, Swinford.
(2) The property was constructed about 1910 and not 1870 as stated.
(3) The registered owner is anxious to preserve the building but is of the opinion that if it is listed, it will prevent him from carrying out any improvements.
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Proposal No. 9 (n)
I/We wish to make the following amendment to the 2007 CO Mayo Draft Development Plan.
4.1 Appendix IV Traveller Accommodation
It will be an objective of Mayo Co Co that the identification of East Mayo and West Mayo be deleted as locations for Transient Sites and that the Traveller Accommodation Act 2005/2008 be amended accordingly.