A meeting of Malahide/Howth Area Committee (Services B – Planning, Property and Economic Development, Housing, Community Recreation and Amenities, General)Baldoyle Library at 3.00 p.m. on Thursday 19th October 2006 A  G  E  N  D  A

Confirmation and Re-affirmation of Minutes

Minutes of Meeting of Malahide/Howth Area Committee (Services B) held on 21th September, 2006.
(to be circulated)    

COMMUNITY RECREATION AND AMENITIES QUESTIONS
    
2.    Councillor A. Farrell
"To ask the Manager for an update on the completion of landscaping and remaining works within Torcaill Estate, Portmarnock?"

3.    Councillor J. Maher
"To ask what Class 2 Open Space was designated by the local authority when the estate of St. Fintans was developed?"

4.    Councillor P. Coyle     
"To ask the Manager if the shrubbery adjacent to the path link from Wendell Avenue to the Spar Shop, Portmarnock, will be strongly cut back, given the reported anti-social activity at the location?"

5.    Councillor P. Coyle
"To ask the Manager if the boundary fence between the open space to the south of St. Anne’s Estate, Portmarnock, and the Sluice River lands could be checked for the safety of children climbing over (to retrieve balls), and a safer access facility be provided at this location?"

PLANNING QUESTIONS

6.    Councillor A. Farrell
"To ask the Manager if the fence at the southern end of Gainsborough Green could be increased in height to dissuade persistent anti social behaviour?"

7.    Councillor D. Healy
"To ask the Manager to report on whether a Tree Preservation Order can be made on the woods beside Thormanby Woods Estate?"

8.    Councillor D. Healy
"To ask the Manager to report on the planning status of the fencing of part of the tram right of way in Howth which I first raised with the Planning Department on 9th August and to explain the delay in addressing this matter and replying to correspondence?"

9.    Councillor D. Healy
"To ask the Manager to report on the planning status of the right of way at Sutton Castle which I first raised with the Planning Department on 9th August and to explain the delay in addressing this matter and replying to correspondence?"

10.    Councillor D. Healy
"To ask the Manager to report on progress in relation to planning enforcement at Howth Junction Dart Station in particular the issue of disabled access to the Station from Baldoyle Industrial Estate?"

PROPERTY & ECONOMIC DEVELOPMENTQUESTIONS

11.    Councillor A. Farrell
"To ask the Manager to outline plans for the Community/Council lands at Feltrim Road, Kinsealy?"

COMMUNITY RECREATION AND AMENITIES BUSINESS

12.    New Works, Acceptance of Tenders etc.
                                        (if any, to be circulated)             

13.    Applications for Funding.
                                 (if any, to be circulated)

COMMUNITY RECREATION AND AMENITIES MOTIONS

14.    Councillor D. Healy
"That the Manager report on the progress in relation to the needs analysis for Baldoyle and the proposals for a playground in Baldoyle and the all-weather facility for Baldoyle as in the 3 year capital programme."

15.    Councillor J. Maher
"That this Council immediately initiate proceedings to have the open space at St. Fintan’s Road, Sutton known as "Teddy’s Field" taken in charge under adverse possession as this area has been maintained and improved by this Council since 1986 and prior to that by Dublin City Council."
    

16.    Councillor D. Healy
"That the Manager report on the open space on St. Fintan’s Road in Sutton, in particular addressing the following:
a)     the history of the site;
b)     the ownership of the site;
c)     the planning status of the site
and that this Committee recommends that the necessary steps be taken to confirm or achieve ownership of the site by the Council."

GENERAL BUSINESS

17.    New Works, Acceptance of Tenders etc.

(a)     Report on Traffic Management Measures for Sutton Park, Bayside Walk,
Bayside Boulevard North, Alden Road, Verbena Lawn and Verbena
        Avenue.
(to be circulated)

18.    Area Chairperson Business:    Councillor Peter Coyle
    
"That Dublin Bus and Iarnród Eireann be invited to attend a meeting with the Malahide-Howth Area Committee to discuss public transport matters."

19.    Correspondence.
     (if any, to be circulated)

GENERAL MOTIONS

20.    Councillor D. O’Brien
"That this Committee recommends that Dublin Bus provide a Feeder Bus service from Swords via Kinsealy and Waterside to Malahide/ Portmarnock DART Stations thereby further improving the public transport network."

    
PLANNING BUSINESS

21.    Application for Planning Permission and Decisions – Files requested by Members.
    
Files requested by Area Chairperson,
Files relating to the Malahide and Howth Electoral Areas,

22.    Files listed by Manager.
(if any, to be circulated)

23.    Howth Urban Improvement Scheme
                                  (report, if any, to be circulated)

24.    Correspondence.
(if any, to be circulated)

PLANNING MOTIONS

25.    Councillor J. Maher
"That this Council indicate if planning permission is required for mast erected on McFarlane Packaging premises in Baldoyle Industrial Estate as local residents are opposed to any mobile phone mast in close proximity to their homes."

26.    Councillor P. Coyle
"That the Manager report if there has been any progress in the Council’s taking-in-charge and maintaining the coastal promenade from The Green to the Cruzzo Restaurant at Malahide, given that the developers of Malahide Marina claim that this promenade has already been transferred to Fingal Co Council."

27.    Councillor D. Healy
"That the Manager take immediate planning enforcement action against waste transfer and sorting operations by Barnmore Ltd. or associated companies in Baldoyle Industrial Estate."

PROPERTY AND ECONOMIC DEVELOPMENT BUSINESS       

    
28.    New Works, Acceptance of Tenders etc.
 (if any, to be circulated)

29.    Proposed Disposal of Properties.
(if any, to be circulated)

30.    Correspondence.
(if any, to be circulated)

PROPERTY AND ECONOMIC DEVELOPMENT MOTIONS

31.    Councillor P. Coyle
"That the Manager report on the plans and timescale for the further development of the Craft Courtyard in Malahide Demesne."

HOUSING BUSINESS
    
32.    New Works, Acceptance of Tenders etc.
(if any, to be circulated)

33.    Sketch layouts for proposed dwellings in the Housing Construction Programme  – Initiation of procedure pursuant to Part XI, Local Government Planning and Development Act 2000.

34.    Correspondence.
 (if any, to be circulated)

HOUSING MOTIONS

35.    Councillor D. Healy
"That the Manager report on the results of Fingal County Council’s proposal to the Department of the Environment to use high energy efficiency standards in the new houses beside Pobalscoil Neasáin."

In theory, Councillors set the policy and the Manager implements it.  The practice is quite different. 

Take, for example, the proposal for a dual carriageway from Baldoyle to Blanchardstown, parallelling the M50 motorway and with flyover junctions in the middle of new residential areas.  This road is not in the County Development Plan and has never been voted on by Councillors. Yet already millions have been spent on consultants and a road design and Environmental Impact Statement is being drawn up.  The entire focus is on the impossible task of providing enough road capacity for this high-density development.  Public transport is being treated as an afterthought.

I believe that whenever the officials intend to appoint consultants, then the terms of reference should be brought before the Councillors.  The current system brings us the proposal at the very end of the process and expects us to rubber-stamp it.  At that stage most Councillors aren’t willing to upset the apple-cart and go along with whatever is proposed, even if communities are opposed.

Next Tuesday at the adjourned Council meeting, the following motion of mine will be discussed.  What happens to it will be of considerable significance for democracy in Fingal.

51. Cllr. D. Healy

“That the Council, in order to
have effective and timely input by the elected Council into the work being done
by consultants for the Council who are often preparing work which will lead to
decisions by the Council in exercise of reserved functions, in exercise of its
powers under section 138 (2) and (3) of the Local Government Act 2001 which
provide as follows:

“138 (2) Subject to this section,
an elected council or joint body may by resolution direct that, before
the manager performs any specified executive function of the local
authority or joint body, he or she shall inform the elected council or
joint body, as the case may be, of the manner in which he or she
proposes to perform that function, and the manager shall comply with the
resolution.

 “138 (3) A resolution under subsection (2) may relate to any
particular case or occasion or to every case
or occasion of the performance of the specified executive function
and may define what information is to be given and how and when it
is to be given and the manager shall comply with the
resolution.”

 and noting
s.138(4) which provides as follows

 “138 (4) Nothing in this section
prevents the manager from dealing immediately with any situation
which he or she considers is an emergency situation calling for immediate
action without regard to subsections
(1) to (3).”

by this resolution directs that
in every case or occasion when the manager proposes to perform the executive
function of entering into a contract to appoint consultants he notify the
elected Council of the manner in which he proposes to perform that function and
that he do this by bringing the proposed brief or terms of reference to the
relevant Area Committee or Strategic Policy Committee as a headed item for
their consideration.”

Martin Hogan, a member of the Green Party, is running as an independent candidate for the NUI Seats in the Seanad. His campaign has the support of the Green Party.

His contact details are: 0879798630, email: marthogan@gmail.com,
9 Poddle Green, Kimmage, Dublin 12, www.martinhogan.ie

{mosimage}Fix leaks, reduce and recycle before building pipeline or desalination plant

The Green Party has dismissed a proposal to overcome future water
shortages in the Dublin area by piping in water from the River Shannon,
saying the Government’s top priority should be to conserve water and
repair existing leaks in the system.
Green Party Planning spokesperson Ciarán Cuffe TD responded to a feasibility study prepared by Dublin City Council and submitted to the Department of the Environment, which suggests moving water from Lough Ree to houses in Dublin, Kildare and Wicklow via a 100km pipeline – or building a plant to convert seawater into freshwater.
Deputy Cuffe said: "There are ways to meet future water demand in the Dublin area that require neither a €500m pipeline running half way across the country, nor a huge, energy intensive desalination plant in Dublin Bay. Simple measures to fix leaks in the water system and encourage the re-use of rainwater and greywater – from sinks, showers and washing machines – will greatly reduce fresh water consumption.
"Instead of building infrastructure to encourage consumption, Ireland could and should become a leader in water use and supply efficiency. It can encourage progress in this area through changes in building legislation to reward water-efficient properties. This requires fresh thinking from local authorities as well as amendments from the Environment Minister Dick Roche to modernise building regulations."
Green Party General Election candidate for Dublin North East, Cllr David Healy added: "Dublin City Council is charging ahead with design work on new methods of supplying water without seriously considering the benefits of recycling and reducing demand. Leaks account for 30 – 40 per cent of the water currently flowing through the mains system – some of which dates back to the 19th century. Fixing those, and empowering local authorities to fix leaky pipes, would greatly increase supply. In an attempt to minimise the leaks mains water pressure is kept deliberately low which means that all buildings need to have an internal tank rather than direct feeds, as is typical in continental Europe. This has significant health impacts.
"Greywater from sinks, showers and washing machines accounts for 50-80% of all waste water used in a typical house and can be reused for other purposes including irrigation. Harvesting of rainwater, which for most months of the year is in plentiful supply in this country can also be used to flush toilets. Recycling water in this way will significantly reduce the amount of energy and chemicals used across the water system. Rather than embark on another massive engineering project, which, quite frankly, they do not have a good track record on, Dublin’s city planners and the Government should be taking a lead in reducing usage and recycling water, starting with public buildings."
[ENDS]
Information:
Ciarán Cuffe TD: 01 618 3082 / 087 265 2075
Cllr David Healy: 01 832 4087 / 087 617 8852
Damian Connon, Press Office: 01 618 3852 / 087 228 1119

Since March I have been sending emails to the Planning Department about 2 omissions from the Development Plan.  I got no replies so I had to raise this by question at the monthly Council meeting.  Although the question was submitted 2 weeks ago, the website versions of the plans still as of today have not been changed.
FINGAL COUNTY COUNCIL MEETING

MONDAY 9th OCTOBER, 2006

ITEM NO.  7

AMENDMENT OF GB02 AND CYCLE ROUTE OBJECTIVE AT CLAREMOUNT ROAD IN DEVELOPMENT PLAN

Question:    Councillor D. Healy
“To ask the Manager what steps have been taken to correct the following errors in the printed and website versions of the Development Plan since the errors were brought to the attention of the Planning Department in March
The omission of the text “within 2 years” at the end of Objective GB02 as amended at the meeting of 30/05/2005
The omission of the cycle route objective between Claremount Road and claremount level crossing.”

Reply:
It would not be practical or feasible to run entire reprints of the Development Plan to correct these errors.  As a result, erratum slips will be prepared for insertion into the printed versions of the Development Plan.  The Drawing Office is currently working with the IT Department to upgrade the layout of the website and the quality of the maps displayed on the site.  It is intended to correct the errors outlined by the Councillor as part of this wider process.

Although the Council  unanimously and enthusiastically resolved to provide new allotments this spring, there has been little progress yet in identifying new sites.  I raised it by question at the monthly Council meeting yesterday
COUNTY COUNCIL MEETING

MONDAY, 9TH OCTOBER, 2006
 
ITEM NO.  8

PROVISION OF ALLOTMENTS

QUESTION: Councillor D. Healy

“To ask the Manager to report on progress in identifying potential locations for more allotments and on the potential for allotments of varying sizes to match supply to demand?”

REPLY:

The Council is engaged in the search for suitable lands for the provision of allotments in the Dublin 15 and Howth/Malahide areas. It is also proposed to set aside a further 15 acres of land to extend the amount of allotments at Turvey in Donabate.

The question of providing allotments of varying sizes is being examined. The Council are also considering the introduction of terms for the qualification of applicants for allotments.

We have been encouraging the Planning and Information Departments of the Council to go ahead with putting planning files online.  The intention has been around for a while and is finally being realised. This will make a real difference to the public accessing planning files.

FINGAL COUNTY COUNCIL MEETING

MONDAY 9th OCTOBER, 2006

ITEM NO.  9

PLANNING APPLICATIONS ONLINE

Question:    Councillor D. Healy
“To ask the Manager when planning files will be available online?”

Reply:
As part of the process of making Planning more accessible to the public a document management system – Anite – has been identified.  Planning applications lodged since the end of November 2005 have been scanned into the system and backscanning of files from 2004 on has now commenced.

The system is currently being tested in-house and it is hoped to make it available on the web in the next few weeks.

There will be a presentation on this system under Item No: 28

I raised the proposal for a light rail study at the North Fringe Forum today.
 listed the following item on the agenda:

“Fingal County Council has resolved “to direct the Manager to seek to carry out a multi-modal transport study in relation to transport in the North Fringe/South Fringe area (Stapolin, Donaghmede, Balgriffin, Belcamp, Clonshaugh) with Dublin City Council’s co-operation, to include consideration of the possibilities for a light rail link between the Dublin-Belfast railway line at Stapolin and the Metro in the vicinity of Ballymun/Dublin Airport and other possible rail links and to include consideration of roads, bus routes, cycling routes and walking routes in the area”    

·    Planned changes to N32 were pointed out to meeting by Eoghan Madden; first time these were mentioned.
·    I asked the Planning Departments what their views were on flyover junctions which in my view will wreck any chance of decent urban design in the residential areas around them, and together with the N32 changes will further disrupt pedestrian access in the areas.  Replies: Anne-Marie Farrelly – Fingal Planning had made submissions in relation to the roads consultation; she is new, didn’t have the details. No response volunteered from Dublin City Planning.
·    I pointed out that modal split in the SIAS report was 50-50 (car / public transport), Eoghan Madden said split going to the city was 50-50, split east west was 75-25
·    I raised multi-modal study and light rail link, asking what City Council’s view was; Declan Wallace said they would respond; Eoghan Madden said in principle the light rail proposal was fine;  he didn’t want to delay buses going in asap and didn’t see any reason looking at the light rail would cause such a delay.
·    I pointed out that none of these road proposals were in the County Development Plan and that there was a real problem with Fingal putting all this money and effort in to something which isn’t in the plan.  No response to this.
·    Tommy Broughan and Larry O’Toole supported my comments and made good comments of their own.

The Local Government Act 2001 (s.135) requires the Council officials to present a 3-year Capital Programme to the Councillors every year, setting out the anticipated capital expenditure.  In 2004 and in 2005, this Programme included a Recreation Centre and all-weather pitch for Baldoyle.  This year, the programme was presented last Monday and the Baldoyle facilitiy had disappeared!
You can watch the meeting at http://www.fingalcoco.public-i.tv/site/ . The discussion is about 40 minutes in, where I ask what has happened to the proposed all-weather facility.

In response, Senan Turnbull, Director of Services, said more or less:  At the time, the Brickfields site was the one in question.  We believed then and believed since then, having looked at it in greater detail that with a brand new secondary school literally across the fence from that having a full blown sports facility, the idea of having two within a hundred metres of each other doesn’t make sense.  And particularly on that site, that site being a site of great difficulty from the point of view of anti-social behaviour, putting a facility there would not necessarily be the best use of it.  In relation to the all-weather we are still in discussion, in consultation with Trackside Tennis Club to see how it is that site which is currently fully occupied by tennis courts can be developed jointly as tennis and all-weather facilities.  We have had some discussions there, we intend to continue those and we would hope that in a few months time if not sooner we could agree an overall strategy for that Trackside facility which would effectively be an upgrade for which they have already got a grant from the Sports Capital Funding from the Government to upgrade half the area as tennis courts and then possibly come to an agreement with them whereby we would invest money in an all-weather within the same campus with them but as of now that is not agreed and we weren’t confident that it would be and therefore we didn’t put the money in.  But again to repeat what the Manager says… But we don’t believe putting a second all-weather facility or a second hall in there makes any sense given that there’s a school hall literally the other side of the fence.

I responded angrily. I should also point out that the school hall was in existence in 2004 and 2005 and that there is no outdoor facility there. 

The capital programme has been deferred to the local area committee, presumably on 20th.  There is another Council meeting on Tuesday 17th

I can supply by emailto anyone intersted the 3 year capital programme discussed yesterday and the previous two years’ versions.  I look forward to feedback from community organisations and residents in Baldoyle.

I am proposing that a light rail link be built serve the planned new
residential areas between Baldoyle and Clonshaugh.  Between them Dublin City Council
and Fingal County Council have zoned land for housing for a population
of approximately 40,000 people.  Part of this is a new Dart Station to
the east of the zoned area, just north of Baldoyle.
{mosimage}

The engineers from the two Councils are now proposing that the
distributor road which will give access to the housing area should also
act as a long-distance access road duplicating the M50 motorway from
Baldoyle to Blanchardstown.  The Council engineers propose that in the
middle of an area zoned for housing two flyover junctions are
constructed.  This proposal would have disastrous implications for the
residents in the area.  The lack of quality public transport for this
high-density development would ensure that all the neighbouring areas
of the Northside would be flooded with traffic.
A multi-modal integrated study should be carried out.  

While roads are being designed, there have been no studies of the public transport facilities for this enormous population.

We are proposing that a multi-modal transportation study be carried out analysing the rail options for this area.  We suggest that the east-west route could be used for a surface metro/light rail.  

The light rail route would go along the proposed new distributor road to join up with the proposed Metro North and Metro West.  It would start from the new Dart Station at Stapolin (Baldoyle), with stops at Hole in the Wall Road, Balgriffin, Belcamp, Clonshaugh and joining the Metro north alignment south of the Airport.  

Trams/metro trains could share the Metro North alignment until Ballymun and then either a) continue on the Metro West route,  with interchage to the Metro North Route, or b) travel south on the Metro North alignment into the city centre, with interchange to the Metro West Route.  This integration with Metro North means it will be possible to build and operate the route together with the Metro North route.  

The link across the M1 motorway should be available only to public transport, bicycles and pedestrians.  The motorway is already available to facilitate trucks and cars.  Facilitating long-distance east-west traffic on this east-west distributor road would ruin the possibilities of creating a decent residential area around it.”

My motion directing that a study be carried out on this light rail link was agreed by the Council in September:
"…That the Council direct the
Manager to seek to carry out a multi-modal transport study in relation
to transport in the North Fringe/South Fringe area (Stapolin,
Donaghmede, Balgriffin, Belcamp, Clonshaugh) with Dublin City Council’s
co-operation, to include consideration of the possibilities for a light
rail link between the Dublin-Belfast railway line at Stapolin and the
Metro in the vicinity of Ballymun/Dublin Airport and other possible
rail links and to include consideration of roads, bus routes, cycling
routes and walking routes in the area."