COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF DEVELOPMENT PLAN MEETING
Monday, April 20, 2009
MOTION NO. 44
MOTION: Councillor G. O'Connell
Chapter 9
LIFFEY VALLEY PROTECTION
Pursuant to The Planning & Development Act 2000, Article II Plans & Guidelines, Chapter I Development Plans in elation to the actual exercise to prepare a Draft Development Plan – as is being currently undertaken by South Dublin County Council, and the provision under the said act for the members to direct the Manger on the preparation of the draft plan following their consideration of his report on submissions, as prescribed under the aforementioned article and chapter, section 11, subsection 4(d); the following motion on the Liffey Valley is proposed.
This motion is also submitted in specific recognition of the Members need to adhere to the ‘requirements of the legislative framework’ and therefore of the specific provision of the act in relation to the ‘Content of Development Plans’ as laid out in Section 10, subsection (2) (a), (c),(d), (e) and (j), but not limited to same
10.—(1) A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.
(2) Without prejudice to the generality of subsection (1), a development plan shall include objectives for—
(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;
(c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph;
(d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;
(e) the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest;
(j) the preservation, improvement and extension of amenities and recreational amenities;
It is also submitted in recognition of South Dublin’s long standing objectives to progress the matter of protection and preservation of the lands of the Liffey Valley and to promote a Liffey Valley Park, and the support of so many of it’s members for same.
Therefore this motion proposes that the Council undertake such study or studies as are necessary to evaluate the lands of the Liffey Valley within it’s jurisdiction, with a view to making assessments of the suitability of such lands for protection and public access, to include such considerations and provisions as legislatively provided for as :
· Special Amenity Area Orders,
- per The Planning & Development Act 2000, Part XIII, Section 202 & 203
· Landscape Conservation,
- per The Planning & Development Act 2000, Part XIII, Section 204
· Tree Preservation Order’s
- per The Planning & Development Act 2000, Part XIII, Section 205
· Public Rights of Way
- per The Planning & Development Act 2000 Part XIII, Section 206,207 & 208
and also :
· Special Area’s of Conservation
· Natural Heritage Areas
and to provide same in a report or report(s) to the elected members.
Such report(s) should be provided to the elected members as quickly as possible but no later than 4 weeks before the members being required to respond to the Manager’s Report on submissions as prescribed under section 12 subsections 5 (a),(b) and (6). To put it simply following the public consultation on the first draft of the plan, as provided under The Planning & Development Act 2000, Part II Plans and Guidelines Chapter 1 Development Plans Section 12 Making of Development Plan subsections (1) and (2), which is expected to commence late September 2009, the manager will produce a report on the submissions from that consultation for the members to deliberate upon and respond to, and 4 weeks before the members are required to respond and act in response to that Manager’s report, they should have access to the studies performed on the Liffey Valley as required in this motion.
This is so that appropriate amendment within the powers of the members can be made to protect lands as informed by the said studies, and yet it also to allow for further consultation if such amendments are of such significance to warrant further consultation, as is fully provided for in the legislation under section 7(a),(b). The Draft Plan process could then be finalized as provided for under Section 12 sub-sections 8 and 9 as required.
This is all with a view to enabling the members being able to formulate motions to propose appropriate zoning protection for the lands of the Liffey Valley within the jurisdiction of South Dublin County Council as are within their powers, and to initiate such steps as are appropriate and which would be required to implement the recommendations of said report(s) within the process to prepare this Draft Development Plan currently underway for 2011-2016, or shortly thereafter as appropriate.
The study or studies should build upon but not be limited by studies performed before including but not limited to, the recent SAAO study submitted to the Minister in February of this year, The Myles Wright report, and the more recent ERM report: ‘Toward a Liffey Valley Park’ and the inputs to same. However the intention of the study or studies, which are the subject of this motion should focus particularly on facilitating assessing the lands of the valley with a view to identifying the most appropriate protection for them in the context of the latest legislative provisions and thereby address the limitations of other reports to date.
The scope of such study or studies should include in length all the lands within the Council’s jurisdiction stretching from Palmerstown to the county boundary, and in width from the County’s northern boundary with the River southwards to the N4, until it intersects with the Celbridge Road, and thereafter using the Celbridge Road as the southern boundary for the study, and to include all the lands of Lucan Golf Course, Cooldrinagh and Tubbermaclugg in the assessment.
As such, the study or studies will include lands already within the current Special Amenity Area Order, SAAO, but ensure the lands up as far as the N4 are assessed. It will also include lands already developed, but ensures lands such as those adjacent to Lucan demesne and lands whose protection may not have been covered within the recent SAAO study requested by the Minister can have appropriate protection provided to them. It is time the Council moved from protecting the valley as an Objective – to delivering on that objective with this proactive step, and to build on the good work done by the Council in Lucan Demesne for example.
PROPOSED Councillor Guss O’Connell
SECONDED Councillor Derek Keating and Councillor Shane O’Connor
REPORT:
The current County Development Plan has in place a series of objectives to protect and enhance the amenity that is the Liffey Valley. It is envisaged that the Draft Development Plan will maintainn the policy framework for the protection of the Liffey Valley.
It is not envisaged that a report of the scale suggested in the motion is neither necessary, appropriate nor achieveable in the context of the preparation of the Development Plan and the strict timetable for its adoption.
Recommendation.
That this motion not be passed.