COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, September 01, 2009

MOTION NO. 140

MOTION: Councillor G. O'Connell

Section 2.4.2. to be amended to include the following :

“That while the County Development Plan conforms to the Waste Management Plan, in drawing up a new or revisions, or updates to the Waste Management Plan, it is specifically noted that a Waste Management Plan is bound in accordance with Section 22, subsection 7 of the Waste Management Act 1996, whereby it states clearly how the Waste Management Plan must have regard to the policies, objectives and priorities assigned by the Local Authority or Authorities in relation to assisting the prevention and minimisation of waste, the management of same and measures to be undertaken etc: and in so doing, recognise that this County in this Development Plan, has expressed policy, requirements and measures to implement incremental targets and solutions within the life of the plan so that no recyclable or compostable waste from the county be incinerated at any location, and that no further waste-to-energy incinerator or thermal treatement facility be situated in the county, and that contracts with incinerators be limited in timescale”

REPORT:

The Dublin Waste Management Plan sets out an integrated strategy for dealing with the waste generated in the Dublin Region in an ordered, coherent and sustainable fashion. The Development Plan does not have a role to play in determining the contractual obligations that this Council may enter into. The motion is not appropriate to the Development Plan.

Under the Waste Management Act 1996 as amended (S26 Protection of the Environment Act 2003 refers) the County Development Plan for the functional area of a Local Authority shall be deemed to include the objectives for the time being contained in the Waste Management Plan in force in relation to that area.

The Waste Management Acts as amended further provides that in the event of there being a conflict between objectives, an objective deemed to be included in the Development Plan arising from it’s inclusion in the Waste Management Plan shall override an objective otherwise included in the Development Plan regardless of when the Development Plan was adopted.

Any future review of the regional waste managment plan will have regard to the items set out in section 22 (7) of the Waste Management Act, as required. 

 The motion proposes an objective that is not consistent with the Waste Management Plan Objectives.

RECOMMENDATION:

That the motion not be adopted.