Agenda and minutes

A vote of condolence was passed with Councillor D. Kingston and her family on the death of her mother Catherine R.I.P.

A vote of condolence was passed with the people of Manchester and the families of all those who died tragically following the attack on Manchester Arena on 22^nd May 2017.

A vote of condolence was passed with the people of London and the families of all those who died tragically following the attack on London Bridge on 3^rd June 2017.

An Cathaoirleach, the Members, the Chief Executive and staff stood and observed a minutes silence as a mark of respect.

A discussion took place, during which Mr. T. McHugh, Director of Corporate, Communications and Governance responded to Members queries.

It was proposed by Councillor P. O’Brien, seconded by Councillor S. Nic Cormaic and RESOLVED:

“That the minutes of the County Council meeting held on 8^th May 2017 be ADOPTED and APPROVED.”

It was proposed by Councillor J. Bailey, seconded by Councillor L. McCarthy and RESOLVED:

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.20 be ADOPTED and APPROVED.”

List of Conferences and Training Courses for Councillors

It was NOTED that there was no business under this heading.

Approval of Nominations for Conferences and Training Courses

Training:

AILG Training Day

It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

 “That Dún Laoghaire – Rathdown County Council nominates Councillor Barry Ward Councillor Kevin Daly to attend the AILG Training Day, on the 13^th May2017 in Westport.”

LAMA Spring Training

It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Lettie McCarthy to attend LAMA Spring Training 28^th & 29^thApril 2017 in Gormanstown, Co. Meath.”

Conference and Training Report Documents Submitted

The report of the Chief Executive was CONSIDERED and NOTED.

Proposed Granting of a 25 year Lease Agreement to Dalkey United Football Club, Hyde Road, Co. Dublin

The proposed granting of a lease agreement, copy of which had been circulated to the Members, was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Hanafin and RESOLVED:

“That the proposed granting of a 25 year lease agreement as set out in the above schedule be carried out in accordance with the terms specified in the attached report.”

Proposed Disposal of Fee Simple Interest pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978

The proposed disposal of fee simple interest was CONSIDERED.

It was proposed by Councillor D. O’Callaghan, seconded by Councillor P. O’Brien and RESOLVED:

“That the proposed disposal of fee simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

Proposed Discharging of Deed of Covenant between Dublin City Council and Pathway Homes Ltd. On Lands at Four Winds, Blackglen Road, Sandyford, Dublin 18 in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001

The proposed discharging of deed of covenant was WITHDRAWN.

Proposed Grant of a 250 Year Lease of Mercury House, Raven Rock Road, Sandyford, Dublin 18 to Davy Capital Growth Fund in accordance with Section 211 of the Planning and Development Act 2000 and subject to the Provisions of Section 183 of the Local Government Act 2001

The proposed grant of a 250 year lease was WITHDRAWN.

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor C. Smyth, seconded by Councillor P. O’Brien and RESOLVED:

“That Mr. Alex White, Labour be co-opted to fill the casual vacancy on Dún Laoghaire-Rathdown County Council resulting from Carron McKinney’s resignation.”

An Cathaoirleach, Councillor T. Murphy, the Group Leaders and the Chief Executive, on behalf of the Members and staff congratulated Councillor Alex White  on becoming a Member of Dún Laoghaire-Rathdown County Council.

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor C. Smyth, seconded by Councillor P. O’Brien and RESOLVED:

“That Councillor A. White be appointed to the Environment, Climate Change and Energy Strategic Policy Committee.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor L. McCarthy, seconded by Councillor C. Smyth and RESOLVED:

“That Councillor A. White be appointed to the Planning Strategic Policy Committee.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor C. Smyth, seconded by Councillor L. McCarthy and RESOLVED:

“That Councillor A. White be appointed to the Organisation, Procedure and Protocol Committee.”

The report of the Chief Executive was CONSIDERED.

It was proposed by C. Smyth, seconded by Councillor L. McCarthy and RESOLVED:

“That Councillor A. White be appointed to the Memorials Committee.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor C. Smyth, seconded by Councillor L. McCarthy and RESOLVED:

“That Councillor A. White be appointed to the Dublin Mid Leinster Regional Health Forum.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Baker, seconded by Councillor B. Brennan and RESOLVED:

“That Councillor J. Bailey be appointed to Dalkey Heritage Town Company.”

It was proposed by Councillor S. Brennan, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor C. Devlin be appointed to Dalkey Heritage Town Company.”

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Merrigan, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor L. McGovern be appointed to Dún Laoghaire-Rathdown Sports Partnership.”

The report of the Chief Executive was CONSIDERED.

Environment, Climate Change and Energy SPC

It was proposed by Councillor L. McCarthy, seconded by Councillor B. Saul and RESOLVED:

“That Elizabeth Swanwick replace Errol Close on the Environment, Climate Change and Energy SPC for the Business/Commercial Sector.

Social Housing SPC

It was proposed by Councillor M. Baker, seconded by Councillor C. Curran and RESOLVED:

“That Brian Crowley replace Kathy Irwin on the Social Housing SPC for the Development/Construction Sector.”

Proposed Upgrade Works at Haigh Terrace, Dún Laoghaire, Co. Dublin

The following report of the Chief Executive was CONSIDERED.

Mr. Bob Hannan, Senior Architect gave a presentation on the proposed upgrade works at Haigh Terrace, Dún Laoghaire, Co. Dublin.

A discussion took place.

It was proposed by Councillor M. Merrigan, seconded by Councillor M. Halpin and RESOLVED:

“That the report of the Chief Executive be AGREED.”

For proposed renovations and alterations to County Hall, part of which includes and adjoins a protected structure

Mr. T. McHugh, Deputy Chief Executive and Director of Corporate, Communications and Governance, Ms. T. Langan, Senior Executive Officer, Corporate, Communications and Governance Department and Ms. P. Poole, Chief Executive made a presentation on the proposed renovations and alterations to County Hall, part of which includes and adjoins a protected structure.

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion had been handed up from the floor.

Motion from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe and H. Lewis:

“That this Council agrees, in any change to the delivery of customer services in County Hall, that the current drop-in housing dedicated counters will be retained with no reduction in hours of service.”

A discussion took place, during which Ms. T. Langan, Senior Executive Officer, Corporate, Communications and Governance Department, Ms. P. O’Connor, Senior Architect, Architects Department responded to Members queries.

It was AGREED to take the motion from the floor at this time.

Motion from the floor:

It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe and H. Lewis:

“That this Council agrees, in any change to the delivery of customer services in County Hall, that the current drop-in housing dedicated counters will be retained with no reduction in hours of service.”

The motion from the floor was AGREED.

A roll call vote was requested on the proposed renovations and alterations to County Hall, part of which includes and adjoins a protected structure, in accordance with Part 8, Article 81 of the Planning and Development regulations, 2001, as amended, the Planning and Development Acts 2000, as amended, and Section 138 of the Local Government Act, 2001, the result of which was as follows:

An Cathaoirleach, Councillor C. Devlin declared the proposed renovations and alterations to County Hall, part of which includes and adjoins a protected structure, in accordance with Part 8, Article 81 of the Planning and Development regulations, 2001, as amended, the Planning and Development Acts 2000, as amended, and Section 138 of the Local Government Act, 2001, CARRIED.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motions were handed up from the floor:

Motion (1) from the floor:

It was proposed by Councillor J. Bailey and seconded by Councillors M. Merrigan, S. O’Brien, A. Colgan, An Cathaoirleach, C. Devlin, C. Smyth, B. Murphy, J. Gildea, M. Fayne, B. Ward, P. Stewart, M. Baker, B. Saul, T. Murphy, L. McGovern, S. Brennan, K. Daly, M. Halpin, D. O’Keeffe, K. Feeney and D. Smith:

“That this Council suspends Standing Orders to discuss an issue of urgent public concern regarding St. Joseph’s College, Clonkeen, Blackrock, in the matter of the proposed sale of existing playing fields and sporting facilities. And hereby requests the Chief Executive to clearly set out the following: (1) the existing Planning Policies in respect of such lands, currently zoned “A”; (2) to clearly delineate the extent of this site on a map and to indicate its zoning; (3) to provide a planning and zoning history of the site; (4) to assess the strength of the County Development Plan to provide for the protection of the educational use of this site and to deliver a full report on this issue for consideration as a ‘Headed Item’ on the Agenda of the July meeting of this Council.”

Motion (2) from the floor:

It was proposed by Councillor J. Bailey and seconded by Councillors M. Merrigan, S. O’Brien, A. Colgan, B. Murphy, M. Fayne, B. Ward, P. Stewart, E. Blain, M. Baker, P. Hand, B. Saul, T. Murphy, L. McGovern, K. Daly, S. O’Neill, K. Feeney and An Cathaoirleach, C. Devlin:

“Amendment from the floor to Motion 39- Clonkeen College:

That this Council expresses major concerns at the proposed sale of lands by the Congregation of Christian Brothers to the rear of Clonkeen College which would have the effect of significantly reducing the sporting facilities of the College and for any others across the County who currently use the pitches and further agrees to write to the Minister for Education and Skills outlining the concerns we have and the serious impact of the sale and to request the Minister to consider the following options in respect of the above: (1) the Department acquires the land for the use of the College; (2) the Department acquires the land for the use of the College and explores the possibility of using a part of the site for the provision of a new primary school or a Gaelscoil which could share the sports fields with the College and requests an urgent meeting with the Minister to discuss this matter of considerable public concern.”

Motion (3) from the floor:

It was proposed by Councillor S. Brennan and seconded by Councillors O. Smyth, S. Nic Cormaic, G. Tallon, P. Hand, M. Halpin, An Cathaoirleach, C. Devlin, C. Curran, L. McGovern, E. Blain, K. Furlong, B. Murphy, J. Gildea, K. Daly, S. O’Neill, H. Lewis, B. Saul and P. Stewart:

“We the undersigned request the suspension of standing orders to discuss  ...  view the full minutes text for item C/307

It was NOTED that Councillors D. Smith, B. Saul, M. Fayne and S. Brennan declared an interest and excused themselves from the Council Chamber for the duration of the discussion and decision on Item No. 11: Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000 (as amended), and Section 138 of the Local Government Act, 2001, (as amended) Proposed N11 Junction Q Scheme and Item No. 12: Draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ).

Proposed N11 Junction Q Scheme

Mr. M. Mangan, Senior Engineer, Infrastructure and Climate Change Department gave a presentation on the N11 Junction Q Scheme.

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. M. Mangan, Senior Engineer, Infrastructure and Climate Change Departmentresponded to Members queries.

The report of the Chief Executive was AGREED.

Ms. A. Devine, Programme Manager SDZ, Infrastructure and Climate Change Department gave a presentation on the draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ).

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following 2 motions were handed up from the floor:

Motion (6) from the floor:

It was proposed by Councillor L. McCarthy and seconded by Councillors P. O’Brien, D. O’Callaghan, C. Smyth and G. Tallon:

“Notwithstanding that there is a requirement to secure an affordability dimension for housing provision with the respective developers/Landowners in securing the LIHAF grant to the Council from the Department of Housing, Planning, Community and Local Government for Cherrywood on the basis of a measurable cost reduction comparison between ‘before’ and ‘after’ LIHAF scenario; that the Chief Executive open a dialogue with the Department which will examine options including funding, to deliver an ‘Affordability Scheme’ for housing development within the Cherrywood SDZ and that the Chief Executive continues a separate dialogue with the respective developers/Landowners in furthering the affordability dimension within their housing developments.”

Motion (7) from the floor:

It was proposed by Councillor A. Colgan and seconded by Councillors M. Merrigan, S. O’Brien, C. Curran, S. Nic Cormaic, H. Lewis, M. Halpin and D. O’Keeffe:

“That this Council asks the Chief Executive to bring to the Council the proposals for affordable housing for purchase in Cherrywood, in line with the conditions of the LIHAF funding. Specifically, the proposals should outline:

·         The proposed level of affordable housing to be delivered in Cherrywood setting out (1) level of price reduction per unit type (2) percentage of affordable housing to be delivered at the reduced price for each unit type

·         The form of legal guarantee and undertaking that applies to this provision

·         How the affordable housing provision will be assigned across the various developers

·         How affordable units will be made available e.g. will ‘affordable’ units be purchased by local authority with the subsequent sale to qualifying persons/families to be managed by the state? If so what are the qualifying criteria for families to avail of ‘affordable housing’ sales?

·         If the process for sale of affordable element is not to be directly managed by the local authority, what is the process for members of the public to qualify for these reduced price units?

·         The means by which it is proposed to achieve the essential LIHAF requirement for tenure mix in Cherrywood?

That these proposals be brought to the Council at the July 2017 meeting as a ‘Headed Item’ for consideration.”

It was AGREED that each Member would speak for 2 minutes but allowing the proposers of the motions from the floor speak for 3 minutes.

It was AGREED to EXTEND the meeting to 8.30 p.m.

A discussion took place, during which Ms. A. Devine, Programme Manager SDZ, Infrastructure and Climate Change Department,Ms. P. Poole, Chief Executive, Ms. C. Keenan, Director of Housing and Ms. M. Henchy, Director of Planning and Organisational Innovation responded to Members queries.

It was AGREED to further extend the meeting to the conclusion of the discussion and decision on the 5 motions from the floor to be dealt with following the suspension of Standing Orders.

A further discussion took place.

It was AGREED to take the motions (6) and (7) from the floor at this time.

Motion (6) from the floor:

It was proposed by Councillor L. McCarthy and seconded by Councillors P. O’Brien, D. O’Callaghan, C. Smyth and G. Tallon:

“Notwithstanding that there is a requirement to secure an affordability dimension for housing provision with the respective developers/Landowners in securing the LIHAF grant to the Council from the Department of Housing, Planning, Community and Local Government for Cherrywood on the basis of a measurable cost reduction comparison between ‘before’ and ‘after’ LIHAF scenario; that the Chief Executive open a dialogue with the Department which will examine options including funding, to deliver an ‘Affordability Scheme’ for housing development within the Cherrywood SDZ and that the Chief Executive continues a separate dialogue with the respective developers/Landowners in furthering the affordability dimension within their housing developments.”

Motion (6) from the floor was AGREED.

Motion (7) from the floor:

It was proposed by Councillor A. Colgan and seconded by Councillors M. Merrigan, S. O’Brien, C. Curran, S. Nic Cormaic, H. Lewis, M. Halpin and D. O’Keeffe:

“That this Council asks the Chief Executive to bring to the Council the proposals for affordable housing for purchase in Cherrywood, in line with the conditions of the LIHAF funding. Specifically, the proposals should outline:

·         The proposed level of affordable housing to be delivered in Cherrywood setting out (1) level of price reduction per unit type (2) percentage of affordable housing to be delivered at the reduced price for each unit type

·         The form of legal guarantee and undertaking that applies to this provision

·         How the affordable housing provision will be assigned across the various developers

·         How affordable units will be made available e.g. will ‘affordable’ units be purchased by local authority with the subsequent sale to qualifying persons/families to be managed by the state? If so what are the qualifying criteria for families to avail of ‘affordable housing’ sales?

·         If the process for sale of affordable element is not to be directly managed by the local authority, what is the process for members of the public to qualify for these reduced price units?

·         The means by which it is proposed to achieve the essential LIHAF requirement for tenure mix in Cherrywood?

That these proposals be brought to the Council at the July 2017 meeting as a ‘Headed Item’ for consideration.”

A discussion took place, during which Ms. P. Poole, Chief Executive responded to Members queries.

Cllr. A. Colgan amended motion (7) from the floor as follows:

Amended Motion (7) from the floor:

It was proposed by Councillor A. Colgan and seconded by Councillors M. Merrigan, S. O’Brien, C. Curran, S. Nic Cormaic, H. Lewis, M. Halpin and D. O’Keeffe:

“That this Council asks the Chief Executive to bring to the Council the proposals for affordable housing for purchase in Cherrywood, in line with the conditions of the LIHAF funding. Specifically, the proposals should outline:

·         The proposed level  ...  view the full minutes text for item C/314

It was NOTED that Councillors D. Smith, B. Saul, M. Fayne and S. Brennan, who had declared an interest and excused themselves from the Council Chamber for the duration of the discussion and decision of Item No. 11: Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000 (as amended), and Section 138 of the Local Government Act, 2001, (as amended) Proposed N11 Junction Q Scheme and Item No. 12: Draft Section 48 Development Contribution Scheme 2016 (Cherrywood SDZ) returned to the Chamber.

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor P. O’Brien, seconded by Councillor P. Stewart and RESOLVED:

“That the Council hereby adopts Dún Laoghaire-Rathdown County Council's Annual Report 2016.”

Suspension of Standing Orders

As Item 14 on the agenda had been reached, it was AGREED to suspend Standing Orders at this time and take the 5 motions handed up from the floor.

It was AGREED to take Item No. 39 in conjunction with the suspension of Standing Orders.

It was AGREED to take Item 39 and motion (2) from the floor at this time.

Item No. 39: Proposed Sale of Land at Clonkeen College

It was proposed by Councillor D. O’Callaghan and seconded by Councillor P. O’Brien:

“That this Council expresses major concerns at the proposed sale of lands by the Congregation of Christian Brothers to the rear of Clonkeen College which would have the effect of significantly reducing the sporting facilities of the College and for any others across the County who currently use the pitches and further agrees to write to the Minister for Education and Skills outlining the concerns we have and the serious impact of the sale and also seek an urgent meeting with the Minister to discuss the matter.”

The following report of the Chief Executive, copy of which had been circulated to the Members, was CONSIDERED:

“If the motion is passed, a letter with the terms of the motion will be sent to the Department of Education and Skills.”

Motion (2) from the floor:

It was proposed by Councillor J. Bailey and seconded by Councillors M. Merrigan, S. O’Brien, A. Colgan, B. Murphy, M. Fayne, B. Ward, P. Stewart, E. Blain, M. Baker, P. Hand, B. Saul, T. Murphy, L. McGovern, K. Daly, S. O’Neill, K. Feeney and An Cathaoirleach, C. Devlin:

“Amendment from the floor to Motion 39- Clonkeen College:

That this Council expresses major concerns at the proposed sale of lands by the Congregation of Christian Brothers to the rear of Clonkeen College which would have the effect of significantly reducing the sporting facilities of the College and for any others across the County who currently use the pitches and further agrees to write to the Minister for Education and Skills outlining the concerns we have and the serious impact of the sale and to request the Minister to consider the following options in respect of the above: (1) the Department acquires the land for the use of the College; (2) the Department acquires the land for the use of the College and explores the possibility of using a part of the site for the provision of a new primary school or a Gaelscoil which could share the sports fields with the College and requests an urgent meeting with the Minister to discuss this matter of considerable public concern.”

A discussion took place, during which Ms. M. Henchy, Director of Planning and Organisational Innovation responded to Members queries.

Councillor J. Bailey amended motion (2) from the floor as follows:

Amended motion (2) from the floor:

It was proposed by Councillor J. Bailey and seconded by Councillors M. Merrigan, S. O’Brien, A. Colgan, B. Murphy, M. Fayne, B. Ward,  ...  view the full minutes text for item C/317

It was AGREED to RE-ENTER Item Nos. 14 to 38 and Item Nos. 40 to 56 to the July meeting of the County Council.

The meeting concluded at 9.30 p.m.