COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 25, 2013

MOTION NO.15

MOTION: Councillor G. O'Connell

"That this Committee expresses its concern at the ongoing confusion between the locally preferred, accurate and accepted name (PALMERSTOWN) and official but as a legacy of colonial days very inaccurate name (PALMERSTON), requests the Manager to bring forward to this LAS a costed plan for a plebiscite that will allow those involved to determine the correct name for the Village area given that that is the focal point for all sign posts for 'Palmerstown'.  People are not travelling to the townland or DED of 'Palmerston' but to the business and residential area known popularly (historically and accurately) as 'Palmerstown Village' and it is only the people that live or have businesses in that area that need be consulted. Others living in Palmerstown Ave, Drive, Court, Green etc do not have an issue per say."

REPORT:

As detailed in report to Lucan Area Committee meeting on May 22nd 2012 http://intranet/cmas/documentsview.aspx?id=36377 the statutory procedure to change the official name of a street, place or locality is set out in the Local Government Act, 1946, the Local Government (Changing of Placenames) Regulations 1956, as amended by Sec. 67 LG Act 1994. Changes to the name can only be done by way of conducting a plebiscite of the qualified electors in the area and the consent of the majority of qualified electors is required for any change to be made by resolution of the Council.

The stages in the process are as follows:

  1. A request is received to have a name changed by plebiscite
  2. The request goes to Council for approval for a plebiscite of qualified electors
  3. A draft list of qualified electors (Electoral Roll) is prepared by the Returning Officer. The names on the roll shall be numbered consecutively
  4. An advertisement is placed in local papers stating details of proposed name change, and stating where the draft list of qualified electors can be viewed
  5. Any objections to the list of qualified electors must be lodged within a 3 week period.
  6. The final list of qualified electors (Electoral Roll) is formally adopted by Council
  7. Once adopted the plebiscite is initiated.
  8. Ballot papers are sent by ordinary post to every person whose name is on the electoral roll along with a prepaid postage envelope addressed to the returning officer for return of ballot paper.
  9. Ballot papers must be signed in the presence of the witness who must also sign the form
  10. Counting of papers takes place and result of Ballot determined – the majority of qualified electors must be in favour of the change
  11. Decision is informed to Council. In accordance with Section 79 of the Local Government Act 1946 (as amended) the Council may change the name of the locality. This is a reserved function of the Council.

A plebiscite of qualified electors in relation to a change of name from Palmerston to Palmerstown was carried out in May 2009 under the following legislation.

· Section 79 of the Local Government Act 1946

·Local Government (Changing of Place Names Regulations) 1956 (as amended by Section 67 of Local Government Act 1994).7037 ballot papers were issued.

The costs involved in the last plebiscite included

The total costs for these elements of work totalled €9,000 approximately.

In addition administration and staff amounted to €4,000 approximately.

Overall total costs = €13,000

The results of the plebiscite went to the Council Meeting in 11th May 2009 http://intranet/cmas/documentsview.aspx?id=22561 and, in accordance with S 67 of the Local Government Act 1994 , as the majority of the qualified electors did not vote in favour of the proposed change, there could be no change to the official name of Palmerston.

The current motion requests that a further plebiscite be considered, to include Electors who reside in the village only, i.e North of the N4. This would reduce the number of persons consulted to approximately 500 ballots, plus rate payers who have a business in the vicinity, a reduction from the original 7037 ballots issued.

Section 79 of the Local Government Act 1946 defines the locality for plebiscite as follows:

(5) 'a portion of a county or other borough, urban district or town for which a separate name is in common use, or

(6)a portion ( other than an urban area, a town, a townland or a non-municipal town, within the meaning of section 77 of this Act, of a county for which a separate name is in common use.

Therefore, the plebiscite area would remain as it did in 2009.

If a plebiscite were to be brought and the name changed to Palmerstown the costs of preparing such a plebiscite based on the 2009 figures would be approximately €25,000 plus costs of approximately €60,000 for the changing of road signs on the M50 and N4.  There is no provision for such a plebiscite in the current year's budget.