One of the chronic problems in local government iin Ireland is that when the officials don’t want to do something they simply declare it to be illegal.

The group opposing the proposed dump at the Nevitt asked the Council to fund the technical expertise that they had to employ to engage with this €50million+ proposal.  We feel that this is essential to give meaning to the right to public participation in environmental decisions recognised in the Aarhus Convention.  The Manager is claiming it would be illegal, but isn’t giving any reason why. The Greens proposed that they be funded at the last monthly Council
meeting.  The Manager asserted it was illegal.  So for next Monday’s
meeting, we have identified the elements in the legislation which
specifically empower the Councillors to recognise and fund the group. 
The response, as before, is a simple assertion, describing itself as
legal advice, that "the Nevitt-Lusk Anti-Dump Group do not fall within
the category of body
which under Section 128 of the Local Government Act 2001, the local
authority can declare to be a recognised association"  There is no
explanation as to why this is claimed to be so.  Nor, on past record,
will the law agent attend the Council meeting to explain her advice.

Copy of letter circulated to Councillors, followed by extract from Local Government Act 2001
>>>
When phoning or calling please ask for Ms Mary Crealey ext: 5500
Our Ref:         “MC” LAW
Your Ref:      

Pat Keane
County Manager
County Hall
Swords
                                                                                    URGENT

7th November 2006

Re:      Proposed Motion for Council Meeting 13th November 2006

Dear Pat,

I refer to the following proposed motion for the above meeting:

“ That Fingal County Council declares the Nevitt-Lusk Anti-Dump Group to be a recognised association for the purpose of S.128 of the Local Government Act 2001 and resolves under S.128 (2)(b) to provide assistance in money in the amount of €30,000 to the Nevitt-Lusk Anti-Dump Group to meet their legitimate costs incurred in obtaining specialist advice and representation in order to engage with the various consent processes for the proposed dump at the Nevitt as assessed by an independent assessor”.

The Council are currently seeking to provide a new landfill at Tooman/Nevitt  North County Dublin in accordance with the Waste Management Plan for the Dublin Region 2005-2010 and have recently been involved in an oral hearing in relation to the landfill.  Individual members of the Nevitt-Lusk Anti-Dump Group lodged objections to the landfill project with An Bord Pleanala and were represented at the oral hearing.  There has been no decision by An Bord Pleanala in relation to the new landfill as yet.  When there is a decision, the Board has a discretion in relation to the payment of costs.  This is a statutory process and the local authority has not got discretion to pay any costs and expenses of persons involved in the process without an order of the Board.

In these circumstances the Nevitt-Lusk Anti-Dump Group do not fall within the category of body which under Section 128 of the Local Government Act 2001, the local authority can declare to be a recognised association for the purposes of that section.

If a resolution were passed declaring the Nevitt-Lusk Anti-Dump Group to be a recognised association for the purposes of Section 128 of the Local Government Act 2001, such a resolution would be illegal and any payment made under Section 128 of the 2001 Act would also be illegal and the Manager would be liable to surcharge on foot of such payment.  Furthermore, if a Section 140 motion were to be passed by the Council authorising payment to the Nevitt-Lusk Anti-Dump Group in relation to their involvement in the above matter, this would also be illegal and all those who voted in favour of the motion would also be liable to be surcharged.

Yours faithfully,

…………………………..

Mary Crealey

Law Agent

cc. Dick Brady, Head of Corporate Affairs
fk
<<<<

Extract from Local Government Act, 2001

Recognised associations.

128.—(1) A local authority may declare that any body, whether
corporate or unincorporate, be a recognised association for the
purposes of this section where the local authority is of the opinion
that the body is concerned with promoting the interests of the local
community, or any part of or group within the local community, or of
all or a part of the administrative area of that local authority.

(2) A local authority may—

(a) consult a recognised association on any relevant matter,

(b) provide assistance in money or in kind to such association,

(c) make arrangements with a recognised association under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9

(d) enter into an agreement in
writing with a recognised association for the carrying out by the
association on behalf of the local authority of certain functions of
the authority which in its opinion may be satisfactorily carried out by
the recognised association, subject to such terms, conditions,
restrictions and other requirements as the authority considers
necessary and specifies in the agreement.

(3) Subsection (2)(d) does not apply in respect of a reserved function, the function to make arrangements under section 13(6) of the Roads Act, 1993, or Chapter 4 of Part 9 or any other function as the Minister may prescribe by regulations.

(4) Any works or other thing carried out or done by a recognised
association in good faith as a result of an agreement made under subsection (2)(d)
and in accordance with every requirement of such agreement shall be
regarded as if the works or other thing was duly authorised, carried
out or done by the local authority.

(5) For the purposes of subsections (1) and (2), a local authority may have regard as to whether in its opinion—

(a) a body is properly constituted and representative,

(b) adequate financial and accounting arrangements are in place, and

(c) the body is in a position
to comply with such requirements as the local authority may in all the
circumstances of the case consider necessary and reasonable for such
purposes.

(6) A declaration under subsection (1) is a reserved function.

(7) The Minister may by regulations prescribe such matters relating to
recognised associations as he or she considers appropriate for the
purpose of giving effect to this section including the procedures to be
followed for the termination of an agreement under subsection (2)(d).

Kingspan Century, Europe’s largest timber frame home manufacturer,
today called on the Minister for the Environment, Dick Roche TD, to
follow the lead of Fingal County Council and force the construction
industry to design greener homes. Press Release

Wednesday, November 1st 2006.

Kingspan Century Chief Executive Gerry McCaughey said: "The energy efficiency standards in the Irish building regulations are joke, and the full impact of climate change, as outlined in the British Government’s Stern report, should bring the Irish Government to its senses."

"Already this week EU Environment Commissioner Dimas has severely criticised the Irish Government’s very poor performance on reaching our targets under the Kyoto Protocol," he added.

"For years the Government has knowingly allowed hundreds of thousands of homes to be built to low energy efficiency standards, and the ridiculous situation still exists that different energy standards apply to different methods of construction," he said.

"The Government is so out of touch with this issue that it has been bypassed by a local authority. We now have the ridiculous situation where the energy standards set by Fingal County Council are, in some cases, three times higher than the national standard," said McCaughey.

"You can see there is a total lack of political will by the Government on the issue when a pioneering move by a small number of Green Party councillors on Fingal County Council has made their energy efficiency standards much more superior to the National Standards."

"The political leadership shown by Fingal Country Council is causing a mini-revolution at local authority level and councils want to follow the example, but are receiving little support or encouragement from the Government," he said.

"Minister Roche should also look to Britain, where Housing Minister Yvette Cooper is considering radical policy initiatives including:
regulations to require planners and builders to take account of climate change, as well as, tough new planning guidelines which will require large housing estates to be sustainable, and, in the long term, carbon neutral," he concluded.

Kingspan Century was established in 1990. It is the biggest timber-frame manufacturing company in Europe. The company currently employs 500 in total in plants in Dungarvan, Monaghan, Longford, Cardiff, Newcastle and a sales and engineering office in London. Kingspan Century is part of the Kingspan Group PLC. www.century.ie <http://www.century.ie/ >

-Ends-

Fingal County Council Community Culture and Sport Department are
delivering training  in the area of Committee Skills and Business
Writing Skills (details outlined below). This will be happening on the
21st and 22nd of November in County Hall. If you, members of your group
or any other local organisations are interested in attending either of
these courses, please contact Valeria McAllorum at  8905106 or 087
9051999 before the 10th November 21st November : 10am – 4pm   Committee Skills Course includes:
-Different Kinds of Committees and their functions.
-Legalities – things you need to know and implement.
-Understanding full parliamentary procedure and the law.
-Preparing agenda and keeping items on track.
-Using the minutes as dynamic and effective action tools.
-Common problems in chairing meetings. etc etc

22nd November :  10am – 4pm Business Writing includes:
-Best business writing skills and practice.
-Using business English correctly and overcoming wordiness.
-The message, the reader and the conclusion.
-Clear outlining and getting to the point – quickly.
-Structures, layouts, and styles for good writing.
-Designing first class business documents for the reader.

The Training will accommodate  10 – 15 participants. Participants will get a certificate and a booklet of course materials to take with them.

With the applications now coming in in the Local Area Plans, the details of the implementation of the Energy Standards have to be fixed. I have sent the following suggestions to the Director of Services for Planning and the County Architect.

In discusssions internally and externally, the question of how to enforce the energy standards comes up. It is of course an executive function to implement the LAP, but I thought in the light of those discussions, and having had a look at the response to the AI request on F05A/1869 (Manor Park, Cappagh), I should set out my suggestions in case they are of assistance.
I think the best way to make the energy standards effective in the planning permissions is to impose a 2-part condition along the line of the following:
a) Before commencement of development, the applicant must submit a certificate from a qualified person certifying that the detailed design will meet the following standards:
A collective average reduction of at least 60% in CO2 emissions deriving from energy usage for space and water heating within the housing development, relative to a baseline of prevailing regulatory and design practice. This initial baseline of comparison is to be represented by the provisions of Technical Guidance Document L (TGD L) to the Building Regulations, 2002 using a conventional gas fired heating boiler with an assumed seasonal efficiency of 75%. The calculation is to be carried out for the time being using the Heat Energy Rating Method in TGD L, pending adoption of the official national methodology for determining energy performance of housing for the purposes of the EU Energy Performance of Buildings Directive (EPBD).

In meeting this CO2 performance target, the development shall include:
· A collective average reduction of at least 60% in energy consumption for space and water heating , relative to the baseline of existing regulatory and design practice and using the methodology outlined above; and
· A contribution of 30% by renewable energy supply systems to meet the collective space and water heating requirements within the housing development.
b) Before occupation of the development, the applicant must submit a certificate from a qualified person certifying that the building has been constructed in accordance with the detailed design insofar as compliance with the energy standards are concerned.
c) The applicant is advised to consult the energy related text in the Local Area Plan for the area.

Regards,

David

Fingal County Council is taking enforcement action in relation to the lack of planning permission for Howth Junction Dart station.  I’m pushing this because of the blocking of disabled access from the station to Fás and Baldoyle Industrial Estate.

MHB/288/06
 
HOWTH JUNCTION RAILWAY STATION – DISABLED ACCESS

Question :        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?"

Reply:

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.

In addition the concerns raised about the removal of an existing right-of-way from the central platform of Howth Junction Station to FÁSBaldoyle Industrial estate and particular the disabled access from the pedestrian access to the central platform.  No response was received from Iarnród Éireann.

A Warning Letter under Section 152(1) of the Planning and Development Act 2000 was issued on 19th September, 2006.  This letter allows a period of four weeks for submissions or observations to be lodged by the person served.

No response has been received and accordingly, an Enforcement Notice will be issued in the near future.

An update on my recent post.
When the motion was reached we were presented with a legal opinion by the Manager.  This is the standard procedure when the officials are trying to prevent Councillors exercising power.  I attach a scan of the legal opinion below (about 3MB)
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19 October 2006
Greens welcome Dublin Metro route
– But Party will push for improvements before railway order is signed, including a link from Ballymun to Baldoyle

Green Party Transport spokesperson Eamon Ryan TD said today: "We
welcome the proposed routing of the Metro route in Dublin via
Drumcondra, DCU and Ballymun. By providing people with a high quality
public transport option quality of life will be improved for everybody
in the city. Our aim should be to make Dublin the best serviced capital
city in the world. That vision requires us to have a first class public
transport system."
"A lot of emphasis has been placed on the role of
such a line in servicing the airport, but it will also provide a
valuable service for Croke Park, the Mater Hospital, DCU and Swords.
"The
revised route which will connect with the mainline rail station at
Drumcondra makes particular sense. However the Green party will be
looking for a number of improvements to the design before the railway
order for construction is signed."

These recommendations include:
1. The extension of the line to Donabate rather than Lissenhall, as the
proposed park and ride facility at Lissenhall will not bring
significant transport benefits and the rapid expansion of the Donabate
area urgently requires a public transport link.
2. The line should also be extended on the south of the city from St
Stephens Green to the Luas stop at Beechwood from where the old
Harcourt line could then be upgraded to Metro status. This would solve
the problem of excess demand on that line and provide proper
integration between the north and south sides of the city.
3. The station at St Stephens Green should be constructed on the
existing road space on either the west or south side of the Green to
avoid disturbance to the Green itself.
4. The construction of the Metro should be accompanied by the building
of a new light rail line from Ballymun to Baldoyle which could be
introduced in conjunction with the development of a new distributor
road being planned for the same rapidly expanding area.
"The Green Party in Government will ensure that the Metro is built to
budget and as quickly as possible, and that these improvements would be
included in a transport plan for the next ten years," concluded Deputy
Ryan.
[ENDS]
Information:
Eamon Ryan TD: 01 618 3097 / 086 829 4429
Damian Connon, Press Office: 01 618 3852 / 087 228 1119

Just informal notes taken at the SAAO Management Cttee of 21st October

Insurance discussion
Seán

Council is self-insured.   Council maintains certain walkways – lower cliff path, upper cliff path, old tramway
Cowbooter lane – may be maintained by Roads.

Liability re signs for right of way – if signs are put up directing people to a pathway then whoever put up the signs would be at risk of liability.

Liability re maintenance –

Paths would not be maintained as a road authority, therefore liability is greater.  If the council doesn’t maintain on a road it has no liability, but it is liable on open space.  Occupiers’ Liability Act – obligation is not to recklessly endanger.  

Council incurs no liability if it asks a landowner to maintain a right of way.  

Worst areas – path across 3 fairways at golf course, then paths on Muck Rock.  

Gerry – particular problem with Parks Division, difficulties with direct maintenance of particular paths.

Disclaimers have the effect under occupiers’ liability act – obligation is not to recklessly endanger.  Putting them up on areas not maintaining

Record of claims in Howth, only aware of one claim, trip on pathways, in just after SAAO order, claim against Council was dropped.  No successful claims against the Council.  

Cost of insurance – this would require a survey of the paths.  Could be very high if there isn’t maintenance

Mick – voluntary groups willing to do maintenance.  Main question is figuring out system of maintenance of paths.

Anita – SEMPA visit to Mournes, they use volunteers, were trying to get lottery money.

Gerry – Questions re volunteers – CVI working in Turvey Woods – if Council is relying on volunteers, Council would then have to ensure work is of a standard, and there would have to be insurance for workplace accidents.   Insurance/liability would not be a problem as long as they are under direction etc.  

Bob – Question what standard of Maintenance – me to Gerry – same as existing cliff path?  Yes – cutting back in autumn and path work as required.

Work in relation to Conservation Volunteers of Fingal started by Hans Visser, volunteer groups already active in some areas.

Parks to come up for costs for initial works and estimates for maintenance on list of paths identified by Hans, David Caulfield etc.
Looking at various options direct, contracted and volunteer labour.
Should be able to do within 4 to 6 weeks.

Any exposure to members of the committee regarding decisions it might make.  Covered by Council policy.

Anita – levies were supposed to pay for some of this.

Mick – trust could be set up asking for donations etc.

Volunteers inspecting routes as daily walkers.

The following information from Fingal County Council’s Heritage Officer:

As you may be aware, The Heritage Council’s Grants Scheme 2007 is now open for applications. Completed applications must be received by The Heritage Council, Rothe House, Kilkenny, by 3rd November 2006. Application forms are available from the Heritage Council’s website (see below). You can also make online applications (see Heritage Council’s website for details).
I also have a limited supply of application forms – just mail or phone
01-8905697 to receive one.

Please circulate this information as you see fit.

Regards

Gerry

http://www.heritagecouncil.ie/

Gerry Clabby
Heritage Officer
Planning Department
Fingal County Council
Main Street
Swords
Co. Dublin
tel: +353-1-8905697

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."