Agenda - January 2014 Special Meeting of County Council Meeting

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Date:
28/01/2014 17:30
Location:
Council Chamber
Standing Orders:

Headed Items

H-I (1)
Submitted by:
Corporate Performance and Change Management Directorate
Responsibility:
Frank Nevin

Motions

Mot (1)
Submitted by:
Councillor B. Lawlor
Responsibility:
Frank Nevin

That the Oldcourt School site, on Gunnery Hill in land  zoned B1 of the Local Area Plan, should be increased by approx 1.2 Acres to allow for two primary schools on the site.

Mot (2)
Submitted by:
Councillor P. Cosgrave
Responsibility:
Paul Hogan

That the Manager material change the Ballycullen/Oldcourt LAP to delete the pedestrian and cycle access to the Lands above Stocking Wood, proposed in the Managers Draft report via Stocking Wood at Stocking Wood Drive and include instead two pedestrian and cycle access to the lands above at Stocking Wood Manor and Stocking Copse.

Mot (3)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Local Area Plan for Ballycullen/Oldcourt reflect the County Development Plan in respect of Oldcourt Cottages and  Ely Manor.  The wording in the County Development Plan SLO is as follows:  In any such development, single storey dwellings only will be permitted in the area of the site(s) facing existing residential development at Oldcourt Cottages and Ely Manor.

Mot (4)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Council confirms the removal of the vehicular link within Stocking Wood to the undeveloped lands to the south of Stocking Wood as requested by residents.

Mot (5)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Council ensures that the most robust steps possible are included in the plan to ensure that:

(i) any consultants employed by developers to independently assess the flooding risk of lands or areas of lands within the curtilage of this Area Plan, meet with the approval of this Council - whether those consultants be employed independently as part of any planning application or as part of planning conditions
(ii) that applicants are able at a minimum to demonstrate that there is no arms length connection between the applicant and any independent consultant employed as part of any planning application.

Mot (6)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Oldcourt School site on lands within the Ballycullen Oldcourt Area Plan should allow for two primary schools on the site.

Mot (7)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That this Council confirms that no development within the catchment of the Ballycullen Stream shall take place until flood mitigation measures designed to eliminate flooding downstream at Castlefield, Glenvara and Glenlyon, have been put in place.

Mot (8)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Ballycullen Oldcourt LAP sets aside specific locations for play space and playgrounds.

Mot (9)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Council agrees to review the Ballycullen Oldcourt LAP in five years to assess its out-working and specifically to assess post-primary school needs within the area of the plan at that time.

Mot (10)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Manager confirms the removal of the pedestrian and cycling access through Stocking Wood to the undeveloped lands to the south of Stocking Wood and proposes alternative cycling and pedestrian routes in place of these routes.

Mot (11)
Submitted by:
Councillor C. Bond
Responsibility:
Paul Hogan

That this plan will include an appropriate turning point and Lay off area to faciltate the extension of the 15 and/or 15b bus routes into the planned area. 

Council will examine the posibility of locating such a faclility opposite the LIDL store in Ballycullen as an interim measure with a view to ultimately extending it down to the Bohernabreena road upon completion of the proposed housing units in the western part of the planned area.

This Council will open discucssions with Dublin bus to work towards this objective.

Mot (12)
Submitted by:
Councillor J. Lahart
Responsibility:
Paul Hogan

That the Ballycullen Oldcourt Area Action plan should recognise and seek to give effect to the expressed wishes of residents of Oldcourt Cottages, whose properties adjoin the Plan lands, to make provision for vehicular access from their rear gardens to the proposed new access road

Mot (13)
Submitted by:
Councillor A-M. Dermody
Responsibility:

Castlefields, Glenlyon and Glenvara

That before the adoption of the Ballycullen/Oldcourt Local Area Plan that a fixed timeframe be given as to when the remedial work to the Ballycullen steam culvert be carried out.  It is accepted by the Manager that there has been four instances of flooding  in the estates of Castlefields, Glenlyon and Glenvara between 2008 and 2012, with reports of residents no longer able to insure their homes against such risk. 

 The Manager has put forward a solution to the problem and the recommendation in the Manager's Report is that there be no feed into the Ballycullen stream until the necessary works  have been completed.  Instead, the Manager recommends that any future development in the subject lands will drain into the private drainage system but without the details of such private drainage system, leaving it instead that this detail be provided by the Developer , to the satisfaction of the Planner.  I would argue that this recommendation is far too vague and uncertain, as  it offers no real and immediate solution to the residents of Castlefields, Glenlyons and Glenvara. 

 If I am to support the Manager's recommendations then I will need precise details to when the replacement pipe will be laid.  My point is that the Manager concedes this work needs to be done – postponing the necessary works only serves to expose residents to further instances of flooding.  There is now a legal duty of care on the Manger to provide the funding to complete such works as a matter of urgency and without delay.  Furthermore, I would argue that in accepting the source of the problem and in recommending the solution this Council is now leaving itself exposed to multiple claims by residents of Castlefields, Glenlyon and Glenvara in the event of future flooding before such works are completed.  The legal element of foreseeability having been conceded and accepted by this Council.

Mot (14)
Submitted by:
Councillor A-M. Dermody
Responsibility:
Paul Hogan

Stocking Wood

That before this Council supports the adoption of the Manager's recommendations that there be a further recommendation so as to supports wishes of the 207 residents of Stocking Wood, that there be a further alteration which I understand necessitating an amendment/alteration to the Development plan be made, such as to locate the pedestrian access at each end of Stocking Wood via the green areas at Stocking Wood Manor and Stocking Wood Copse.