A number of bursts have occurred on the watermains serving the Howth
and Sutton area within the past 24 hours.  Residents in the areas
listed below will experience a disruption to their water supply:
                 St. Fintan’s Road                        Thormanby Road,                          Sheilmartin Road,                     Offington
             
Council crews are repairing the watermains at present, and it is hoped
that the water supply will be restored later this evening. Residents in
other areas of Howth and Sutton may experience low water pressure as
the bursts have affected the storage levels of the reservoir serving
the area.

Tuesday 10th February, 2009
Fingal County Council Water Services Department

Telephone 01-8906210 (Mon – Fri 9am to 5pm)

Emergency Number: 01-8731415
 
Aertel Page 624   www.fingalcoco.ie

Do you want a warmer home that’s less expensive to heat?

There are several schemes available from the Irish Government. One of
them should suit your needs. The three main schemes 
are:

1. Home Energy Saving Scheme (Applications March 2009)
2. Greener Homes Scheme
3. Warmer Homes Scheme

You can find more information on Sustainable Energy Ireland’s (SEI) website or at the links below. SEI’s dedicated help line is 1850 927 000. You can also send email to hes@sei.ie

1. Home Energy Saving Scheme – Grants for people on middle incomes
This provides grants for insulation, improved energy heating systems and controls and surveys to provide you with your home’s energy rating

• Roof Insulation – grants up to €250
• Wall Insulation -includes either cavity wall, internal dry lining or external insulation, -grants up to €4000
• Replacement High Efficiency (> 90%) Gas or Oil fired Boilers with Heating Controls Upgrade -up to €750
• Heating Controls Upgrade -up to €500
• Building Energy Rating (BER) -you can get a grant for a BER if one is done before and after the works are completed –€200

Register your interest now with SEI 1850 927 000. The scheme begins in March 2009.

2. Greener Homes Scheme – Grants for people on middle incomes
This provides grants for new renewable energy heating systems in existing homes

• Solar Heating – grant up to €1,800
  Solar hot water system and / or
  Solar space heating system
• Heat Pumps– grant up to €3,500
  Horizontal ground collector
  Vertical ground collector
  Water (well) to water
  Air source
• Wood Chip or Pellet Stoves – with or without integral boiler or bulk fuel storage    installed – grant up to €2,500
• Wood Gasification Boiler – grant up to €2,000

3. Warmer Homes Scheme -For people on lower incomes

This scheme improves the energy efficiency and comfort conditions of homes occupied by low-income households. Community based organisations carry out the work which includes attic insulation, draught proofing, lagging jackets, energy efficient lighting, cavity wall insulation and energy advice.

In the Dublin area there are two organisations that carry out this work CHIP (T: 01 467 0344), and Energy Action (T: 01 454 5464). 

In addition, a programme of thermal retrofit of local authority housing is being implemented this year by the Department of the Environment and local authorities.

In November I sent the attached email to the County Manager in relation to his reliance on the Howth Urban Centre Strategy in dealing with the Techrete site application.  As I have pointed out the Strategy has no legal standing. Giiven that it has not been approved by the Councillors it has no democratic legitimacy either.  I have not yet received a reply.

I will continue to work to ensure that the policy framework for planning decisions is set by the elected and accountable Councillors as envisaged in the Planning and Development Act.
From: David Healy / Daithí Ó hÉalaithe
Date: Mon, Nov 24, 2008 at 5:24 PM
Subject: Howth Urban Centre Strategy

David, a chara,

In response to the draft Howth Urban Centre Strategy, I made the following comment

"I believe this strategy, appropriately amended, should be adopted as a Local Area Plan.  I think it is important to give it a legal status so that it will be of use in the planning system.  The preparation of the Strategy is mandated by the County Development Plan.  However, unless it is adopted as a Local Area Plan it will not be possible for the Council to rely on it in making planning and other decisions in the area.  There is a well established legal principle that the holders of statutory powers cannot delegate those powers other than as foreseen by statute.   Therefore the elected Council as the body responsible for adopting Development Plans and Local Area Plans which set the framework for planning consents, cannot delegate to the Manager or anyone else the power to draw up documents which set the framework for planning consents.  

"Not being able to rely on the Strategy for Development Control purposes would of course, negate the entire purpose of producing it.  Therefore I would recommend that the Plan, subject to amendments as suggested below and others which will arise from the current public consultation be put forward for adoption as a Local Area Plan."

We haven’t received any formal response to these or other comments submitted in response to the draft.

However, I note the following additional information request has been made in relation to F08A/1172:

" Heights The proposed development does not accord with the indicative heights as set out in the Howth Urban Centre Strategy, which provides for two storeys on the western edge, rising to a maximum of seven on the northern edge addressing Claremont Strand. The applicant is requested to submit revised plans, elevations, sections etc. that show a significant reduction in heights such that the proposed scheme complies with the Howth Urban Centre Strategy.

There is a legal problem here in that you are seeking to rely for planning control purposes on a document which has no legal status for that purpose.  It is far more than a technicality as the Urban Centre Strategy proposes to allow building heights significantly in excess of that acceptable to local councillors and the local community.

I would be grateful if you could indicate that you will put the draft strategy on display as a draft Local Area Plan.  Ideally it should go on display including the amendments which have already been suggested by myself, other local councillors and the local community, so that the discussion and final decisions can focus on the more detailed areas rather than the topics on which substantial consensus has already been achieved.

Regards,

David Healy

—
Cllr David Healy
Green Party/Comhaontas Glas
Howth ward  / Ceantar Bhinn Éadair

www.davidhealy.com

54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.

087 6178852

David Healy, Chair of Fingal Environment Strategic Policy Committee
(SPC) today welcomed the publication for public consultation of draft
Bye-laws for septic tanks and other domestic sewage treatment systems. Cllr. Healy who is a Green Party Councillor for the Howth/Malahide Area said:

" These bye-laws have been approved by the Environment SPC for public consultation as an important step towards clean water in our rivers and streams. Inadequate servicing and maintenance of septic tanks and associated soakaway systems is leading to water pollution in many parts of the county.  Areas with a high density of septic tanks have particular problems.  Often householders are unaware of their responsibilities and the requirements to effectively maintain septic tanks.  The bye-laws will require householders to ensure their septic tanks are working properly.

"Under the Water Framework Directive, Ireland and all local authorities are required to achieve good water quality by 2015. Dealing with overflowing and misfunctioning septic tanks is an essential part of this process and will enable Ireland to avoid being fined by the EU.

"In addition, it is much more cost-effective to prevent pollution than clean it up so we can expect these bye-laws to save money in the long run."

The consultation period runs until 20th March.

The text of the draft bye-laws is here.

Howth Green Party Councillor David Healy congratulated all those
responsible for Howth being recognised as the cleanest town in
Ireland.  Cllr. Healy commented:  "The change in the appearance of
Howth over the last few years has been remarkable.  Previously litter
was a serious problem in Howth. Now the natural beauty of the area is
matched by a clean environment.  In particular I want to thank the
cleaning staff from Fingal County Council. The extended cleaning
service over the last few years is the key to Howth’s achievements. 
But there has been a virtuous cycle: residents and visitors to Howth
alike have kept the area much cleaner.

"Local businesses have
played an important role.  The local primary school Scoil Mhuire and
it’s Principal John Chambers deserve particular mention.  The
green-flagged school is putting environmental responsibilty at the core
of it’s teaching and it’s grounds were singled out for special mention
by the assessors."

Further info: David Healy 087 617 8852

Press release by Irish Business Against Litter  http://www.ibal.ie/press_releases/2009/PressRelease(1).pdf

Discovering Historic Fingal, a free guide to built heritage, has been published by Fingal County Council. PRESS RELEASE

ENDS 15/12/08

An exhibition has gone on display in the Tourist Office on the West Pier on the history of the re-building of the Harbour as a mail packet station between 1808-1818.
 
The exhibition was originally put on display at County Hall, Swords, during Heritage Week, but Colm McQuinn, the County Archivist, was determined that we would find a supervised venue for it somewhere in Howth, which he have finally managed to do with the help of Mr. Sean Doran.
 
The exhibition will be on view until some time in January at least.

My motion seeking to amend the County Development Plan was defeated by a majority of the Council.  It was seconded by Labour Cllr. Peter Coyle and supported by my Green colleague Cllr. Robbie Kelly.  Fine Gael and Fianna  Fáil councillors together with some Labour councillors united to defeat it.

That the following Variation to the County Development Plan be put on display:

Insert the following policy and objective into the Development Plan, renumbering existing policies and objectives

"Policy TP16 To protect the residential amenity of areas affected or potentially affected by aviation noise"

"Objective TO20  To restrict the use of the airport by night flights
primarily to emergency situations in order to protect residents from
night-time noise and sleep disruption."

A report on the meeting is here: http://www.herald.ie/national-news/city-news/no-respite-for-dubliners-losing-sleep-as-proposal-to-ban-night-flights-is-defeated-1533248.html

As a result of my motion to the Area Cttee., Fingal County Council have referred the question of the planning status of Howth Junction station to An Bord Pleanála.  I made a submission to the Board in relation to it today.  I have also put a copy of the referral below.

        
An Bord Pleanála,
Marlborough St.,
Dublin 1.

Re: Section 5 referral RL2580, Howth Junction railway station

A chairde,

I refer to the above reference and wish to make the following points:

Fingal County Council’s Planning Department formed the opinion that “Class 23 … clearly exempts works carried out within the grounds of [a] railway station.”

In fact the exemption under Class 23(a) of the clearly refers not to works within the grounds of a railway station, but to works “wholly within the interior of a railway station.”

The only logical construction that can be put on the reference to the interior of a railway station is that the reference to a railway station is to the building in question, as there it makes so sense to refer to the interior of a piece of land.  Therefore what is described as the construction of a new station cannot be exempted on this basis.

For the record I am particularly concerned and unhappy about the development as built for two reasons:
•    The blocking off of wheelchair/mobility impaired access to the station from the Fás centre and Baldoyle Industrial Estate (notwithstanding the conditions of Dublin City Council’s permission 2089/03)
•    The very poor environment offered by the station to all those using it.

I enclose the required €50 fee.

Regards,

David Healy

Referral from Fingal Co. Co.

6th October, 2008
 
 
An Bord Pleanála,
Marlborough Street,
Dublin 1.
 
 
      Re: Referral pursuant to Section 5 of the Planning and Development Act, 2000.

____________________________________________
 
 

 
Dear Sir/Madam,

A planning application was made to Dublin City Council by Iarnród Éireann on 7th May, 2003 for development and upgrading works at Howth Junction DART Station, off St. Donagh’s Road, Kilbarrack, Dublin 5. The works consist of the construction of a new DART station, approximately 8.5m in height, linked with a new footbridge providing stair and new lift access; the upgrading of the access road including the provision of a drop-off area; the upgrading of footpaths; and ancillary works including landscaping and planting.  Permission was granted by Dublin City Council on 10th December, 2003.  

In 2004 a further planning application was made seeking planning permission for modifications to a previously approved but un-built development at Howth Junction DART Station, off St Donagh’s Road, Donaghmede, Dublin 13 (Dublin City Council Register Reference 2089/03). These works consist of the construction of a new DART Station, approximately 16.7m in height with a new foot-bridge (approximately 21.1m in height) providing stair and lift access; the upgrading of the access road including the provision of a drop-off area; the upgrading of footpaths; and ancilalry works including landscaping and planting. This materially differs from the previously approved development with modifications including the revised design of the Station building (including reduction in overall floor area from 658 sq.m. to 604 sq.m and revised elevations); revised location of the building on the site (the building has been moved further southwest on the site); the omission of features including a retail unit and previously proposed canopies outside the station; and the revised alignment of the access road and pathways.  Permission was granted by Dublin City Council on 16th February, 2004.

The redevelopment works were carried out by Iarnród Éireann and a subsequent complaint was received in Fingal County Council relating to the carrying out of these works in the Fingal area.  No planning application was made to Fingal County Council for the works despite the fact that the Dublin/Belfast Railway Line is the boundary between Dublin City Council and Fingal County Council administrative areas and the redevelopment of the railway station included land in both areas.

Enforcement proceedings were served on Iarnród Éireann by Fingal County Council and a subsequent meeting was held with their Senior Architect, Operational Manager and legal advisor and the Enforcement Section of Fingal County Council.  Iarnród Éireann advised that the works carried out were exempted development pursuant to Class 23 of the Planning and Development Regulations 2001 in that the new works were carried out within the boundary of the existing station.  It was stated that an application for planning permission was made to Dublin City Council as the works on the Dublin City side necessitated acquisition of further land from Dublin City Council for the new station and were therefore not exempted development.  All works, it was said, carried out on the Fingal side were within the boundaries of the old station and were therefore exempted development.

At a meeting of the Howth/Malahide Area Committee on 17th April, 2008 the following motion was proposed:

"That the Manager make a section 5 reference to An Bord Pleanála in relation to the planning status of Howth Junction railway station."

The following reply issued by the Manager:

“A letter was issued to Iarnród Éireann relating to their failure to seek planning permission for the works carried out at Howth Junction Railway Station.

A Warning Letter under Section 152(1) of the Planning and Development Act 2000 was issued on 19/9/06.  This letter allows a period of four weeks for submissions or observations to be lodged by the person served.

An Enforcement Notice issued on 8/12/06 requiring the situation to be regularised.

A meeting was held on 19/9/07 with Iarnród Éireann.   They stated that the works carried out were exempted development under Class 23 (a) of the Planning and Development Regulations 2001: –

CLASS 23

“The carrying out by any railway undertaking of development required in connection with the movement of traffic by rail in, on, over or under the operational land of the undertaking, except –

the construction or erection of any railway station or bridge, or of any residential structure, office or structure to be used for manufacturing or repairing work, which is not situated wholly within the interior of a railway station”.

They stated that the works carried out are within the boundary of the existing station.  They stated that Iarnród Éireann applied for planning permission to Dublin City Council as the works on their side necessitated acquisition of further land from Dublin City Council for the new station and were therefore not exempt.  All works carried out on the Fingal side were within the boundary of the Old Station and are considered exempt.

The Planning Authority has accepted that the works carried out are exempt.

Section 5 (4) of the Planning and Development Act 2000 provides that a –

‘Planning Authority may refer any question as to what in any particular case is or is not exempted development to be decided by An Bord Pleanála’.

The Planning Department is satisfied that the works carried out are exempted development under Class 23 which clearly exempts works carried out within the grounds of the railway station.

It is not considered necessary, therefore to request a ruling on this matter from An Bord Pleanála.”

Following consideration of the report the motion was passed and accordingly, I request that An Bord Pleanála make a decision on this referral under Section 5 of the Planning and Development Act, 2000 as to whether works carried out in the administrative area of Fingal County Council by Iarnród Éireann are exempted development, i.e. are the works carried out on lands owned by Iarnród Éireann works “situated wholly within the interior of a railway station”.

The appropriate fee of €220 is enclosed.  Also, while no drawings were submitted to Fingal County Council I enclose indicative drawings circulated to local Councillors by Iarnród Éireann in relation to the works carried out at Howth Junction Railway Station.

I look forward to your response in due course.

Yours sincerely,
 
 
 

__________________

Noeleen McHugh

Administrative Officer

I have objected to the proposed 8-storey buildings on the Techrete site.  The site has the potential to be a great contribution to Howth, but the current application is about twice the height it should be.

        
Planning Department,
Fingal County Council

Re: Techrete site application, F08A/1172

A chairde,

I refer to the above application and wish to state my opposition to the current proposal.

There are many welcome elements to the proposed application.  This is a good brownfield development site with the potential to house a major improvement to the area.  However, there are fundamental problems with the current application which mean it should be refused.

The EIS is inadequate in many respects but in particular in relation to overshadowing of the beach and promenade.

The appropriate building height for the site is about 4 stories, given the escarpment behind the site and the overshadowing impacts on the beach

Views from the Howth Road to the sea and Ireland’s Eye must be protected and new views created.  Although the photomontages are inadequate, it seems that the proposed development would not give sufficient good views through.

The proposed Community Centre should be on the east of the site, on the former Teelings garage near the Dart station, so that it is in walking distance of most of the houses of Howth, and near public transport and existing parking.

I enclose the required €20 fee.  I also enclose a copy of my comments in relation to the Howth Urban Centre Strategy much of which is relevant to this application.

Regards,

Cllr. David Healy