Email to Transport Minister on Greater Dublin Area Draft Transport Strategy

I have written to the Minister for Transport, Tourism and Sport in relation to the draft Greater Dublin Area Transport Strategy. The Strategy was drawn up in order to address congestion and addressing climate change was not one of the objectives in developing the Strategy. This is contrary to the obligations which all public bodies now have under the Climate Action and Low Carbon Development Bill. I pointed this out in my response to the public consultation in relation to the Strategy, but the Strategy has now been sent to the Minister essentially unchanged. This latest draft was supplied to the Eastern and Midland Regional Assembly for our comments. My email of 9th January to Minister Donohoe (attaching my response to the consultation) is below.

Mr. Pascal Donohoe,
Minister for Transport, Tourism and Sport,​
Department of Transport, Tourism and Sport,
44 Kildare Street,
Dublin 2

Re: Compliance with Climate Action and Low Carbon Development Act 2015 in the development of and adoption of a Transport Strategy for the Greater Dublin Area.​

Dear Minister Donoho​e,

I refer to the draft Transport Strategy for the Greater Dublin Area 2016 to 2035 which has been sent to your office by the National Transport Authority​.The purpose of my letter is to draw your attention to the obligations which now apply to you and all other relevant bodies under section 15 of the Climate Action and Low Carbon Development Act 2015 and ​to highlight ​the relevance ​of these obligations ​to the adoption of a Transport Strategy.

The draft Transport Strategy which has been submitted to you envisages a significant increase in greenhouse gas emissions from transport in the Dublin area during more than half of the time period specified in the Act for transition to a low carbon, climate resilient and environmentally sustainable economy. As documented in the accompanying documentation, the strategy would lead to a minimal reduction compared to a ‘business as usual’ scenario.

The reason the Strategy has this minimal effect is that, as confirmed to me by the National Transport Authority (NTA), greenhouse gas emissions abatement was not one of the objectives which drove the development of the Strategy.

I pointed out in my submission to the NTA in response to their public consultation ​on the draft Strategy that, on the enactment of the Climate Action and Low Carbon Development Act 2015, adoption of the strategy as drafted would be illegal due to its failure to comply with the obligations in​ s.15 of the Act. From my reading of the subsequent draft submitted to you, my observation seems not to have been taken account of.  I attach a copy of that submission for your information.

Manifestly, it would not be lawful for you to approve the draft Strategy without fundamental alterations aimed at bringing transport in Dublin in line with transition to a low carbon climate resilient and environmentally sustainable economy.

I am at your disposal to clarify any of the above or anything in the attached and hope to hear how you will comply with the Climate Action and Low Carbon Development Act.

​Best regards,

Cllr. David Healy

+353 87 6178852
54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.

@davidhealyv

Public consulation on Development Levies

Fingal County Council has published a draft Development Contributions Scheme to cover the 5 years from 2015 to 2020. Details here.

I will be responding by the deadline of 25th November myself. My thoughts so far are as follows:

  • ​The scheme involves the making of a list of projects which are to be funded by the scheme.This list is not binding in the sense that money doesn’t have to go on the projects on the list and new projects can be funded through the scheme. However, clearly projects on the list thereby get a sense of priority.  I’m not sure but it seems that full implementation of the GDA cycle network https://www.nationaltransport.ie/publications/transport-planning/gda-cycle-network-plan/ isn’t on the list. I will be looking to include this vital infrastructure; if there is any other infrastructure project that has been overlooked, please identify it. Other infrastructure which I will be suggesting for inclusion:
    • Road and street redesign to to ensure compliance with the Design Manual for Urban Streets and Roads;
    • Works to improve access to and amenity at beaches
  • The proposal is that development contribution rates​ remain unchanged. This is predicted to lead to a shortfall of €31m or about 10%. If this happens then infrastructure which we have identified as essential will be unfunded.
  • Commercial/industrial and residential development are levied at different rates. When I asked why this was I was told because they require different levels of infrastructural expenditure. In fact the commercial/industrial rate is simply 78% of the residential rate for all of the types of infrastructure (transport, surface water, parks) to be funded. That this is not related to the associated infrastructure cost is demonstrated by the fact that the same surface area of development attracts different charges for provision of surface water infrastructure depending on whether its residential or commercial. At a first glance it seems daft that at a time of housing demand in Dublin and when we have large quantities of derelict/empty commercial property we would effectively subsidise commercial at the expense of the residential.
  • Car parking is proposed to be exempt, which it shouldn’t be  (10(i)(j))

I encourage everyone to make your own submissions.

 

Prosperity without Growth

Prosperity without Growth a report (and forthcoming book) by Tim Jackson from the UK Sustainable Development Commission is an excellent overview of what is going wrong and the direction we need to go in to reach sustainability.  It is a remarkably clear and straightforward synthesis, very readable but getting to the heart of the challenge we face. 

Development Plan submission

A chairde,

5 years ago I made a submission in relation to the overall sustainable development approach of the Development Plan and in particular the energy transition aspects of the Plan.  I attach a copy for information.

Unfortunately, it did not lead to a fundamental change in the plan itself.  However, the work of the Green Councillors in the intervening period did lead to a significant improvement in the handling of energy issues by the Council, in particular through the introduction of building energy standards in Local Area Plans.  A good start has been made in progress towards sustainability in other areas as well, including residential design and incorporating biodiversity into planning and other areas of Council activity.  

Nonetheless,  the work in all these areas is just a start. There is a long way to go and I urge the Council in preparing a draft plan to focus on the transition to sustainability.

The plan should not assume that a continuation of business as usual is possible. In fact, we are coming up against the limits to growth.   This is evident in many respects:

    * We are at the peak availability of the oil and gas supplies on which our lifestyles and the growth economy are predicated.(As predicted (Before the Wells Run Dry, 2003)  the resulting price spike has knocked the global economy into recession and prices have fallen again due to the recession. As demand recovers, prices will spike again.)
    * We have exceeded the ability of the atmosphere to absorb fossil fuel emissions and are massively disrupting the climate as a result.
    * We have exceeded the capacity of the biosphere and are causing massive biodiversity loss as a result.

Some links which will give ideas of the kinds of actions which could be integrated into the Strategy:

http://www.transitiontowns.org/

http://www.postcarbon.org/

http://www.iclei.org/index.php?id=800

http://www.lga.gov.uk/lga/publications/publication-display.do?id=22001

http://www.klimabuendnis.org/

http://www.naturvardsverket.se/upload/03_lagar_och_andra_styrmedel/ekonomiska_styrmedel/investeringsprogram/lip/local_climate_protection_measures_in_sweden.pdf

I suggest that the use of a methodology such as the ecological footprint (see www.envirocentre.co.uk, www.bestfootforward.co.uk)also be considered.

Regards,

David Healy

The world will never be the same again

(Although I’m usually pretty strict about keeping this website on local issues, this article on the big picture was in my recent newsletter and people found it interesting. Thanks to Richard Douthwaite for much of the content.)

Almost every day, an economist, a banker or an organisation like the
IMF tells us that the US economy will start to pick up at the end of
the year. Most of them then add that it could be two years after that
before life gets back to normal in Ireland and the rest of the world.

They are wrong. The world will never be “normal” again. It will never
return to the high-growth path that gave birth to the Celtic Tiger.
Here’s why: •    Insufficient energy will be available to make global growth possible. The factor that sparked the credit crunch was the huge flow of purchasing power to energy- and commodity-producing countries. This was due to demand reaching the limit of supply because we are halfway through our geological endowment of oil.  The recession has reduced demand and oil prices have dropped. Growth takes a lot of energy. If it were to resume, demand would soon exceed supply, energy prices would soar and, once again,  knock the stuffing out of the global economy.
 
•    People are not going to invest in the conventional economy. Around 20% of the jobs in the average country are the direct result of people, firms and governments  investing in new houses, shopping centres, factories and infrastructure. These investments have stopped, causing massive unemployment, and will only resume when demand in the economy has returned to its 2008 peak and extra capacity is needed. But how can demand ever reach its previous level once investment has stopped?
 
Only the Greens know what to do about both problems. We see the crisis as the opportunity to build the stable, sustainable fairer world that we’ve been thinking about for a generation. 

The Green Party is working towards an Ireland in which:  
•    Income is distributed more fairly. The large gap between the earnings of those at top and those at the bottom will be drastically reduced. In a less frenetic, more stable economy,  over-incentivising risk-taking is the last thing you want to do.
 
•    Housing costs take a much smaller share of everyone’s income. This would be achieved by restricting the size of the mortgages the banks could give in relation to a borrower’s earnings.
 
•    Everyone shares in the benefits from the private use of our common resources through a citizen’s income. Most of this would come from a site value tax and from charging for greenhouse gas emissions.
 
•    All our energy comes from our own renewable resources. This would create skilled jobs, provide the basis for pensions and reduce our reliance on our ability to export to a highly-competitive and potentially unstable world market.
 
In government, the Greens have been able to make tremendous changes in the areas for which we have ministerial responsibility.  Environment Minister John Gormley has worked to ensure that the planning system supports the new low-energy economy and to put together a green new deal response to the economic crisis.  Energy minister Eamon Ryan has been laying the foundations for the new investments.  He’s already announced that the electricity grid is being strengthened to take more windpower and that three interconnectors are to be built to export surplus wind electricity to Britain.  ESB Networks has started installing “smart” meters so that people can do energy-intensive things, like switching on their immersion heaters or charging the batteries of their electric cars when the wind is blowing and power is cheap.   

This new type of investment will increase demand in the existing, conventional economy, boosting businesses and increasing the government’s tax-take.  And don’t forget that Ireland has some of the best renewable energy resources in Europe.

In the longer term, though, we’ll have to work longer to earn the energy, food and everything else we need because the huge subsidy we’ve been getting from using fossil energy will no longer be there. This will reverse the historical trend.  In the world that’s emerging, the higher-priced food will mean that farms can be smaller, less specialised and able to sell better food with less packaging locally again. 

Although bulk sea freight will stay pretty cheap, hauling goods around the world by truck and plane will become much more expensive.   As a result, you won’t be buying your kitchen via a catalogue from a firm in Italy but getting a local craft workshop to make it to your design.  Far fewer manufactured goods will come from abroad and strong, diverse local economies will emerge. These will be much more stable than the present system and provide a wider range of career options in each community. 

The challenge we face as a society is to manage this transition to a low-carbon economy.  We must ensure that it happens smoothly and quickly.  We can move to a stable long-term economy supporting a fairer society with better quality of life. This is the goal Greens are working towards at local, national and European level.  

Letter to Fingal Development Board about Howth Junction access

Arising from a report to the Fingal Development Board at its meeting today, I have written to relevant Board members and staff asking them to get involved with the problem at Howth Junction.

From: David Healy / Daithí Ó hÉalaithe
Date: Wed, May 13, 2009 at 3:46 PM
Subject: disability/accessiblity and access between Howth Junction Railway Station and Fás and Baldoyle Industrial Estate
To: Margaret Richardson,  Ciaran Byrne, PJ Howell , Eithne Mallin

Dear Margaret, PJ, Eithne, and Ciarán,

I refer to Margaret’s report to todays FDB meeting.

I note the first paragraph in relation to the statutory obligations on public sector organisations and the second paragraph on the responsibility of the CBD under Local Government Circular LG02/07.

I would like to draw your attention to a longstanding problem with Iarnród Éireann’s blocking of access from Howth Junction to Baldoyle Industrial Estate including the Fás training centre.

The story to date is documented at the following links on my website.
1
2
3
4
5
6
7

At the moment, a ruling from ABP and enforcement action from Dublin City Council are awaited.  I would hope FDB will engage with this problem created by a statutory body.

Regards,

David

Accountability and Democracy revisited

In 2006, I brought forward a motion to have terms of reference for consultants brought to the Councillors before they were issued.  As frequently happens when Councillors seek to take a role in decision-making, the Manager went to Senior Counsel to get legal advice that this motion was illegal, legal advice which I think is completely ill-founded.  The matter was brought up at the Corporate Policy Group which in December 2006 decided as follows:

"It was AGREED to identify upcoming Contract and Briefs to Consultants and list them on Area Meeting Agenda."

So this month, I asked how many had been referred to the Area Cttees. The answer: None. >>>
FINGAL COUNTY COUNCIL MEETING

11th May 2009

ITEM No.5 
 
Question: Councillor D. Healy

“To
ask the Manager on how many instances have draft terms of reference for
consultants been brought before an Area Committee or a Strategic Policy
Committee of this Council since this matter was raised in October
2006?”

Reply:

There have been no instances of
draft terms of reference for consultants been brought before an Area
Committee or a Strategic Policy Committee of Fingal County Council
since October 2006.  However, it should be noted when Counsels advice
was sought in relation to the Strategic Environment Assessment on the
Greater Dublin Strategic Drainage Study Strategy, it was sent in the
name of the Mayor on behalf of the Councillors.

This arises from discussions around the appointment of consultants in general,
a function that is solely exercised by the Manager.  The Manager is
obliged to adhere to such guidelines as are issued by the Department of
Finance on procurement of consultants services.

Terms of
reference or briefs for appointment will follow the standards laid down
for the provision of such services which to the greater extent are
highly technical performance standards and ethical insofar as conflict
of interest etc will apply.
<<<

Leaflets

My my re-election leaflet as a candidate in the newly combined Howth Malahide ward is here.

My recent newsletter is here.

Access to Claremont Beach

The Department of the Marine has illegally blocked off access to Claremont Beach from the little road between the Scouts’ Quarterdeck and Ivan’s restaurant. I have been pushing for planning enforcement. You might be able to help.
I raised it at the Area Cttee. on 18th December 2008.  The Minutes read as follows:

>>>>
BLOCKING OF ACCESS TO CLAREMONT BEACH

 
It was proposed by Councillor D Healy, seconded by Councillor R Kelly:
 
"That the Manager report on planning enforcement action in relation to the blocking of the access to Claremont Beach from the West Pier."
 
The following report by the Manager was READ:
 
 
“The Planning Inspector has reported that a gate has been erected between Claremont Beach and the West Pier.   The erection of this gate would normally be considered as exempted development. However, Article 9 of the Planning and Development Regulations 2001 sets out restrictions on exempted development and provides that development is not exempt if it obstructs a public right-of-way.
 
The Harbourmaster has been written to and request to confirm whether a public right-of-way existed at the location and a response has been requested before Friday 19th December, 2008.”
 
Following discussion the report was NOTED.
<<<<

I also pointed out that the exemption also does not apply to any fencing of an area habitually used by the public, which is this case at this location.

I didn’t hear anything back so I raised it again in March.  The minutes read:

>>>
19th March 2009

MHB/081/09 WEST PIER TO CLAREMONT BEACH

 
It was proposed by Councillor D Healy, seconded by Councillor R Kelly:
 
"That the Manager report on planning enforcement in relation to the blocking of access from the West Pier to Claremont beach."
 
The following report by the Manager was READ:
 
“Reports were received about the obstruction of an access from the West Pier to Claremont beach and a letter was issued to the Department of the Marine as these lands are in their ownership.
The Enforcement Section was contacted by the Harbourmaster of Howth who advised that the fence had been erected by him as a health and safety issue. He advised that a right-of-way did not exist over these lands but rather a desire line had been created by regular usage to the beach. He also advised that this access to the beach was over large and dangerous rocks and the Department of the Marine had been advised that they should close off this access to protect them from public liability claims.
 
Having regard to public safety, the public liability issue for the Department of the Marine and the availability of a Council maintained public right of way to Claremont Beach very close by, it is not considered that any further action should be taken in relation to this matter.”
 
Following discussion, the report was NOTED and it was AGREED that the Enforcement Section would make keep members advised of future developments.
<<<<

In the discussion, I strongly criticised the proposal not to take enforcement action for reasons which have nothing to do with enforcement law and pointed out that the Department of the Marine’s response in fact confirms that the area has been habitually open to and used by the public.

Note that this is a consideration for whether or not development is exempted,  as the Planning and Development Regulations 2001 provide as follows:

>>>>
9.       (1)      Development to which article 6 relates shall not be exempted development for the purposes of the Act—
(a)  if the carrying out of such development would –

(x)  consist of the fencing or enclosure of any land habitually open to or used by the public during the 10 years preceding such fencing or enclosure for recreational purposes or as a means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,
(xi) obstruct any public right of way,
<<<<

I also pointed out that this is the only access from to the beach for horses which doesn’t involve a difficult passage over a steep slippery slipway. Noeleen McHugh from the Enforcement section committed to further investigation with aerial photographs as well and to gathering other evidence.  If you have used this access, it would be helpful if you could contact her (noeleen.mchugh@fingalcoco.ie, 01 8905000) to say that you can give evidence of the use.

Arising from the discussion, I also put the following question down to the April Council meeting:

>>>>
F/199/09

SATELLITE IMAGERY, AERIAL PHOTOGRAPHY

QUESTION:  Councillor D. Healy

“To ask the Manager what satellite imagery, aerial photography or similar data the Council has access to and can use for the purpose of planning enforcement and for what years it is available?”

REPLY:

Satellite imagery is available from 2004.  

The most recent digitised aerial photographs are from 2005 and photographs are available since 1995.  

Hard copies of aerial photographs are available from 1977 covering most of the County but some photos have been removed from the archive over the years.
<<<<

In relation to the access along the side of the railway station, I have raised it at every opportunity.

I got an objective ("To maintain and protect the public amenity of the beach and improve public access to the beach.") included in the current County Development Plan.
(Minutes)

The Area Cttee. agreed to my motion to direct the Manager "to bring forward a programme for improvement of Baltray/Claremont Beach including consideration of the following elements:
a)         quality access from Howth Harbour Area;
b)         quality surface of promenade;
c)         extension of promenade and linking to path to Claremont Road;
d)         attractive fencing to the dart line (maybe similar to the fencing along the new platform extension)."
(Minutes)

I have also been pushing for the opening of a right-of-way between the beach and Claremont Road; this would be matched with a boardwalk from the end of the current promenade.
(Minutes)

Related records of my work in relation to Claremont beach are noted on my website and in Council minutes:

Beach improvements needed as part of Howth Urban Centre Strategy and here.

Access to the Beach will be improved as part of traffic management for the area.

Interference with the access to the Beach by the extension to the Dart platforms and associated parking etc.

Maintenance and improvement plans for the beach.

Non-reply to my question about progress on the Claremont Road access.