COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 10, 2007

HEADED ITEM NO. 20

SECTION 85 – REPORT ON PROPOSED N81 (OLD BAWN ROAD JUNCTION TO ATHGREANEY) ROAD IMPROVEMENT SCHEME

The National Roads Authority (NRA) has indicated that it proposed to prepare plans to upgrade and improve the important and busy section of the N81 National Secondary Route between the Old Bawn Road junction in South Dublin and the Athgreaney Townland in Wicklow. They have also indicated that they would like to commence this scheme next year.

The NRA has requested that Kildare County Council act as lead authority for the scheme. In order to deliver the scheme at the earliest possible date it is recommended that a Section 85 Agreement be entered into by this Council and Kildare County Council to allow for the works to be undertaken.

Section 85 of the Local Government Act 2001 provides where:-

(1) Where in the opinion of a Local Authority any function performable by it should be performed, generally or in a particular case, by another Local Authority, and that other authority is able and willing so to perform the function, then the authorities may enter into an agreement that:-

(a) The function shall be so performed on behalf of the first mentioned authority by the other authority, and

(b) It becomes so performable by that other authority in accordance with the agreement.

All costs associated with the project are to be financed by the NRA.

The making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function.

Accordingly, the following resolution is recommended for adoption by the Council:

“That South Dublin County Council hereby resolves to enter into an agreement, under Section 85 of the Local Government Act 2001, with Kildare County Council in respect of the proposed N81 (Old Bawn Road Junction to Athgreaney) Road Improvement Scheme, whereby Kildare County Council will act as lead authority and will be enabled to carry out all work as may be necessary in the Administrative area of South Dublin County Council to allow for the works to be undertaken.”