Update on waste beside Pobalscoil Neasáin

Despite the motion passed by the Area Committee (see report below of 17th February) thewaste beside Pobalscoil Neasáin has still not been removed.  I submitted a further motion for the June meeting of the Area Committee.  The Manager’s report is disgraceful.   It made no reference to the decision of the Area Committee in February.  It appears that the decision of the Councillors was simply ignored.  I made clear that if the waste wasn’t removed, I would submit a s.140 motion to the full Council meeting to get the waste removed.

Extract from Minutes of Area Committee 16th June 2005

HOUSING MOTIONS

MHB/175/05


DUMPING AT POBALSCOIL NEASAIN
 
It was proposed by Councillor Healy and seconded by Councillor Maher:

“That the Manager report on why the tarmac dumped on the Council’s land at Pobalscoil Neasain has not been removed as required by this Committee at it’s meeting in February 2005”.

The following report by the Manager was READ and NOTED:

“As reported at the February Committee meeting the broken tarmac and topsoil has been stored on the housing site as a temporary measure.  It will be cleared away as part of site preparation when the construction project commences.  The project is due to commence when the contractors necessary documentation is in place which is expected within the next couple of weeks.

As a result of the February meeting, the Environment Section investigated the alleged dumping of furniture and household rubbish on this site.  A thorough examination of the site was carried out and evidence of dumping was found which was traced to a householder living in the area.  This evidence will be used to initiate a prosecution.  The Environment Department, Street cleaning Section cleared the site of household rubbish.”

 It was proposed by Councillor Healy and seconded by Councillor Maher:

Press release: Greens welcome Fingal move to renewable energy

The Green Party welcomed Fingal County Council’s formal announcement today (Friday 3rd June) that it has switched its two largest electricity consuming locations, representing 15% of its total electricity consumption, – Swords and Blanchardstown –  to wind-generated electricity.    The switch will also mean a saving of 5% in the electricity bills.

Cllr. David Healy (Howth ward) said:  When  we raised this at the Council meeting in January this year, we were encouraged by the positive response from Council management.  We are very pleased to see that they have followed through with the initiative as promised and we look forward to the rest of the Council’s electricity supply contracts being switched to renewable sources of electricity as they come up for renewal and renegotiation.

Further information David Healy 087 6178852

Proposed Hotel in Baldoyle Green Belt

  

The County Development Plan provides for what is called “an integrated tourism/recreational facility” in the green belt between Baldoyle and Portmarnock.  This term isn’t defined anywhere in the Plan.  However, the local area plan adopted in 200? by the Council provides for two such “facilities”, one on the Moyne Road.

 A planning application was made to Fingal for a hotel on the Moyne Road and was granted permission on the basis of this mention in the area plan.  This is entirely against the purposes of the green belt zoning in the area, and has no relationship to the park planned for the area.  It would not be accessible by public transport and would seriously damage the green belt.  My objection to the plan is attached.

                                                                                                54, Páirc Éabhóra,
                                                                                                Beann Éadair,
                                                                                                B.Á.C. 13
                                                                                                29th March 2005

Planning Department,
Fingal County Council,
County Hall,
Swords,
Co. Dublin

Re: F05A/0231  25-Feb-2005                             
Applicant: Ballymore Residential Ltd Fonthill House, Old Lucan Road, Palmerstown, Dublin 20
Location:          Mayne Townland, Baldoyle, Dublin 13

Proposed Development:            Development on a site of 3.75 hectares.  The development will consist of a hotel 4 storeys in height, plus a roof-top level restaurant with terrace; with three storeys of bedrooms containing 150 bedrooms over ground floor level bars, restaurants, meeting rooms; smokers terraces; spa, wellness and beauty facility; part ground floor mezzanine for administration offices; 2 storey sports centre with indoor swimming pool, sauna and steam room; gymnasium and fitness facility with juice bar, dance studio, creche; snooker/billiard room; 2 no. square courts, floodlit outdoor artificial surface multi-use sports area, 2,304 square metres in extent, with 10no. 12 metre high light standards fitted with downlight luminaires; Conference;Banqueting facility for approximately 350 people; car parking for 311 cars; 3 no. bus parking bays; cycle parking and service access; walled entrance forecourt area, pools, terraced gardens, landscaping, garden pavilion and boundary treatments; plant enclosures, electricity substation; basement level swimming pool plant and keg store; underground surface water attenuation tank; and all associated ancillary works.  The development proposal provides for the construction of a new access road leading north from

Mayne Road

, providing vehicular access to the western side of the proposed development; and for carriageway realignment and local improvements at the proposed junction on Mayne Road to accommodate a right turning lane.

A chairde,

I wish to object to the above application on the following grounds:

1. The application is a material contravention of the current Development Plan.

It has been suggested that it is in compliance with a Local Area Plan or a Master Plan for the area.  It has also been suggested by my area colleague, Cllr. Maher, that these plans as produced do not correctly reflect the decisions of the councillors at the time.  However, I do not have a copy of such plans.  It is my understanding that, in law, neither of these can override the statutory Development Plan. 

This is not the location indicated in the Development Plan for an”integrated tourism/recreational complex (excluding housing component), public park and retirement home”.

In any event, the development applied for is not an “integrated tourism/recreateional complex.”  The application is essentially for a standard large hotel complex on a small site.  It does not meet the criteria for an integrated tourism/recreational complex set out at 3.6.4 of the Development Plan.

It would also be a material contravention of the draft Development Plan currently at the final stage of consideration, which states “only development relating to recreational activities to be permitted in the OS zoning between Portmarnock and Baldoyle.”

2. The application is at a location not served by public transport and not adjacent to developed areas.  It will give rise to considerable avoidable traffic generation. 

This also results in it being a contravention of the Development Plan.

3. The application is large and visually obtrusive in a designated sensitive landscape.

To allow such a large development in the middle of this green belt would destroy the visual break between Baldoyle and Portmarnock.  This also results in it being a contravention of the Development Plan.

4. The application will result in further surface water discharges to the overburdened Moyne catchement.  This leads to increased flooding risk and this also results in it being a contravention of the Development Plan.

I enclose, under protest, the €20 fee.  As you will be aware this fee is illegal under EU law as it is in breach of Directive 97/11 on Environmental Impact Assessment.  Please send a receipt and also make a note of this protest so as to refund the money when the anticipated ruling of the European Court of Justice is delivered.

Is mise, le meas,

David Healy

Greens condemn cuts in bus services in Howth/Sutton area

Today, Sunday 13th March 2005, Dublin Bus placed notices in the newspapers announcing that as of today, the 31A and 31B services will be amalgamated and reduced from 24 departures a day to 8 departures on weekdays, 6 on Saturdays and a laughable 3 on Sundays.  Additionally, the 31B will terminate at Howth Summit and no longer serve Howth Dart station. While there will be an increase in the number of 31 buses on weekdays, it will not compensate for the reduction of the other services.  No part of the peninsula will have an increased service to the city and the south of the peninsula will lose 65% of its buses. 

Worse still, the total number of departures to/from Howth will be cut back massively on Saturdays and Sundays, with a reduction from a current 52 departures to Howth village on Saturday to 37 and a cut on Sundays from 36 departures to 27.
 
As if making these cuts was not bad enough, this decision has been announced in today’s Sunday newspapers and put into effect on the same day.  As late as yesterday there was no information on the 31 bus in relation to the proposed changes.  Tomorrow morning there will be people waiting at bus stops in Howth and Sutton wondering where their bus is.  This is a disgraceful way for Dublin Bus to treat their customers.

It is particularly appalling that there is to be a 30% cut in services at the weekend.  Weekend buses are already overcrowded due to the shutting down of the Dart.  On recent weekends buses for Howth have often been full even before they leave Eden Quay, and were refusing to pick up passengers at subsequent stops.

It appears that part of the reasoning behind Dublin Bus’s changes is their desire to compete with the Dart for passengers.  Recently a delegation from Dublin Bus told a Fingal County Council meeting that “We’re a bus company and it is our intention to bring people to the city by bus not by train.”  The decision to stop running the 31B service to/from Howth Dart Station is a reflection of this.  It means that the public will have to suffer a deliberately unintegrated public transport system.  Local demands for feeder bus services are being consciously resisted by Dublin Bus.

The Department of Transport has apparently approved this change with no public consultation.  We call on the Department of Transport to reverse these changes and cuts in service.

Further information: Cllr. David Healy  087 6178852, verdire@eircom.net

CIE propose palisade fence at Bayside Station

I have written to the planning Department opposing CIE’s proposal for a
palisade fence around the new station at Bayside.  I also raised
it at the Area Committee meeting. The letter is attached.

  
                                                               
54, Páirc Éabhóra,
                                                               
Beann Éadair,
                                                               
Co. Bh.Á.C
                                                               
4th March 2005
Mr. David O’Connor,
Director of Services,
Planning Department
Fingal County Council

Re: F03A/0623 Bayside Dart Station compliance submission

Mr. O’Connor, a chara,

I
refer to the above permission and the compliance submission made in
relation to it.  I would like to make the following points,
starting with the most significant problem with the submission:

The
proposal to surround the car park and landscaped area with a palisade
fence is entirely unacceptable and entirely inconsistent with the open
character of Bayside, the treatment of other parking in the area, and
residential amenity.  There should be no fence around this
area.  This proposed palisade fencing would be a significant
addition to the permission originally applied for and including it in
the current permission would be ultra vires the Council. 
Part of the area in question is designated in the planning permission
for Sutton Park as “private open space” (see Folio number
57308f). 

I note that cycle parking is
proposed.  In line with best practice as this is long-term parking
for commuters and other passengers, it should be covered from the
rain.  Additionally, and this is something I was unable to check
as the full file was not available yesterday, it should be in a
location where it is visible to the staff working in the station.

In
relation to the underpass, I note IÉ accepts that it is a public right
of way.  It may be appropriate to address some of the issues
relating to it in tandem with the development of community facilities
on the adjacent Brickfields site, which is the subject of discussion
between the Community Department and local organisations.

Is mise, le meas,

David Healy
Green Councillor for Howth Ward

Motion to remove waste from beside Pobalscoil Neasáin

Following complaints from Moyclare residents, we established that Fingal County Council itself was responsible for the dumping of tarmac on the site beside Pobalscoil Neasáin in Baldoyle which is earmarked for 44 houses.

The Area Committee has approved a motion of mine to have the waste removed immediately.

Extract from Minutes of Area Commitee 17th February 2005

MHB/46/05

HOUSING CONSTRUCTION

It was proposed by Councillor Healy and seconded by Councillor Maher:

“That the broken tarmac (allegedly originating from the digging up of the old basketball courts at the school) topsoil (allegedly originating from the provision of new basketball courts at the school) and furniture and household rubbish dumped on the site proposed for new houses at Pobalscoil Neasáin be removed immediately as rats are now being seen in the area.”
The following report by the Manager was READ:

“The broken tarmac and topsoil has been stored on the housing site as a temporary measure.  It will be cleared away as part of site preparation when the construction project commences.  The project is due to commence after Easter.  The Environment Section is making arrangements to have any rubbish removed from the site and will continue to monitor the site until building works commence. “

Following discussion the Motion was AGREED.

Mobile phone transmitters are in breach of lease from Fingal County Council

Green Councillor David Healy has discovered that the lease under which Baldoyle United Football Club rent the land on which mobile phone transmitters have been erected does not allow them to use the land to erect such transmitters.  He has written to the Manager of the Council asking him to enforce the terms of the lease and require the Football Club to remove the transmitters.

Cllr. Healy commented:  “I am now calling on the Council to intervene to end this dispute which is causing bad feeling in the local community.  Unfortunately the club have put themselves in a situation of conflict with local residents and parents of schoolchildren.  Mobile phone transmitters should not be sited beside schools. Fingal County Council have included an exclusion distance of 500m in the new Development Plan.”

Background: At the moment, parents of schoolchildren attending Ss. Peter and Pauls’ Boy’s National School are mounting a 24 hour blockade of the Football Club to prevent Hutchinson 3G from accessing the transmitters to switch them on.  Hutchinson 3G arrived during the school mid term to switch on the transmitters.  See attached press release from Baldoyle Against Radiation.

Further information:  Cllr. David Healy  087 6178852, verdire@eircom.net

Attached:

PRESS RELEASE

BALDOYLE AGAINST RADIATION

24 HOUR BLOCKADE AT MOBILE BASE STATION SITE

Beginning on Tuesday morning at 8am Baldoyle Against Radiation (BAR) have been blockading the Baldoyle United Football Club on the Brookstone Road Baldoyle.

At 8am Tuesday contractors for Hutchison 3G (H3G) were prevented from entering the site to erect additional equipment to the roof of the Football Club.

The stand off continues at the Football Club where a 24 Hour vigil has been put in place.

BAR have been battling with H3G and the Football club since October
2004 when equipment was first installed.

The site at the Football Club has no planning permission and under planning law H3G claim the installation of the 3G base stations are an exempt development under the 2001 planning act.

Contractors from Glasgow have been in the Baldoyle area all day Tuesday but have been unable to gain access to the Club House with the campaign protesting at the entrance to the Club.

Chairperson for BAR Brian Greene said "this is the third time that during school holidays the phone company have returned to install the equipment, the siting of the mast next to our local primary school is totally unacceptable"

The protest will continue until the Club decides to withdraw from the contract.

BAR is a campaign for the sensible siting of phone masts in the Baldoyle area.

A community wide protest is planned at the football club

Contact Brian Greene 085 711 6466 for further details

Mambo License Guidelines

Learn more about how Mambo is licensed and how this affects you.

Mambo is released under the GNU General Public license (GNU GPL).The
GNU GPL provides for a person or persons to distribute Mambo for a fee,
but not actually charging for the software itself, because Mambo is
free. Mambo is free to share and change, but if you do change it in
anyway, can you also change the license and make it commercial? No! The
whole GPL is devoted to ensuring this does not happen. Copyright, a
much more refined and stringent law will prevent this as well.

So with regard to Mambo, the GPL and copyright:

You MAY distribute it and charge for that service. You MAY change it, add design and content to it and you MAY charge for that. You may NOT alter the license and you must NOT alter the copyright. You do NOT have to show a ‘Powered by Mambo’ graphic, as it not a copyright notice.

In other words, you must NOT pretend that Mambo is yours, and you must NOT charge people for Mambo.

Use Mambo to empower yourself and your clients by taking away the
‘Black Magic’ that surrounds putting content on the internet. Charge
for the value you add and not for the hard work that Miro, the Mambo
Development Team and the Mambo community have put into it.

Guidelines:

Mambo is “free” software released under the GNU General Public License (GPL).

The
word “free” has two legitimate general meanings; it can refer either
to freedom or to price. When we speak of “free software”, we’re
talking about freedom, not price. (Think of “free speech”, not “free
beer”.)

Free software is a matter of the users’ freedom
to run, copy, distribute, study, change and improve the software. More
precisely, it refers to four kinds of freedom, for the users of the
software:

  • The freedom to run the program, for any purpose.
  • The freedom to study how the program works, and adapt it to your needs
    • Access to the source code is a precondition for this.
  • The freedom to redistribute copies so you can help your neighbour.
  • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits.
    • Access to the source code is a precondition for this

{mospagebreak heading=Introduction&title=Guidelines}

1. What license is Mambo released under?

Mambo is released under the GNU GPL. A copy of this is included with your copy of Mambo and can also be found at http://www.fsf.org/licenses/gpl.html. Unofficial translations can also be found at http://www.fsf.org/licenses/translations.html.

2. Who owns the copyright to Mambo?

The
copyright to Mambo is held by Miro International Pty Ltd. Miro were the
original authors of Mambo and continue to actively support the project.

3. Are there any restrictions to your use of Mambo?

The GNU GPL grants you the freedom to use the software for whatever purpose you see fit.

4. May I charge money for Mambo?

The
GPL allows everyone the freedom to do this. The right to charge money
to distribute Mambo is part of the definition of “free” software.

When
people think of “selling software”, they usually imagine doing it the
way most companies do it: making the software proprietary rather than
free. So to avoid ambiguity you may you may charge to distribute the
software and any other service you provide along the way. You may not
charge for the software itself.

Remember if someone pays your fee the GPL also gives him or her the freedom to pass on the software with or without a fee.

5. May I remove “powered by Mambo, Copyright Miro etc” from the footer?

Yes you can although we would hope that you would retain it as a badge of honour.

6. May I remove the “copyright” statements from the source code to Mambo?

No, you must keep all copyright notices and credits in the source code.

7. Does the GPL mean that my website content is also GPL?

No.
The copyright and license of Mambo does not cover the content that you
create. Using Mambo does not place any restrictions, legally, on the
license or copyright you use for the content of your website.

8. I have modified Mambo for my own web site. Do I have to release these modifications?

The
GPL permits anyone to make a modified version for their own use without
the requirement to distribute it or pass on those changes to others.

9. I have made a modification (hack) to the Mambo core code. Do I have to release it under the GPL?

If
you chose to distribute your modifications to others it must be
released under the same terms that you received the original code. So
your modifications must be released under the GPL. You may of course in
this case modify the headers for the source code to include your own
copyright statement. If you do so you must clearly annotate in the
source code your amendments, changes or additions.

10. I have written a Component, Module, Template for Mambo. Do I have to release it under the GPL?

No The GPL allows you to write your own extensions for Mambo and to release those extensions under whatever license you chose.

11.
I have written a Component, Module, Template for Mambo and released it
under the GPL and I charge a fee for it, but website X is giving it
away for free.

If someone pays your fee the GPL also
gives him or her the freedom to pass on the software with or without a
fee. Placing a restriction on someone’s use of GPL licensed software is
in breach of the GPL itself.

12. May I purchase a copy of Mambo, which has the copyright statements removed?

Although other GPL products may be available in this way Mambo is not.

13. I believe person A is in breach of the GPL what should I do?

You should report it. First check all the facts that you can and then report it by sending an e-mail to license-violation@mamboserver.com.

14. Who has the power to enforce the GNU GPL license of Mambo?

Only
the copyright holder, Miro International Pty Ltd, has the power to do
this. If the Mambo Development Team finds, or is made aware of, a
breach of the GPL they will report it to Miro for them to take any
necessary action.

Miro takes copyright infringement very seriously and will prosecute to the full extent of the law.

15.
Website X is using, or offering, my non-GPL Component, Module, Template
without my permission, or in breach of its license, can you help me?

Whilst
this is not within the remit or responsibility of Mambo we are willing
to act as intermediaries in this on your behalf. In most cases these
situations arise out of simple misunderstandings and can be settled
amicably. You should e-mail full details to license-violation@mamboserver.com.

DISCLAIMER

This
document refers to the software program Mambo, Version 4.x and all
subsequent versions, released under the GNU General Public License and
copyright Miro International Pty Ltd.

This document is subject to additions, modifications and other changes at any time without notice.

A
lawyer has not prepared this document. You should consult a lawyer
experienced in copyright, licensing and intellectual property for
clarification.

Document Rev. 1.4 – 17th August 2004