COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, October 23rd, 2017
MOTION NO.8
MOTION: Councillor L. O'Toole
To ask the Chief Executive to examine the possibility of removing the word “only” from section 6.2.5. and replace “provide” with “recommended” in the parks Bye-laws.
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Playground facilities are provided (recommended) only for the enjoyment of children up to 12 years of age. All such children must be accompanied by an adult.
REPORT:
The South Dublin County Council Bye-Laws for Parks & Open Spaces were made in accordance with the provisions of Sections 199 and 200 of the Local Government Act 2001 (in 2011), the purpose for which is the control and regulation of the use of parks and open spaces, and to ensure that parks and open spaces, as provided as a public amenity, are used by members of the public to the maximum extent in safety and comfort.
6.2. of the Bye-Laws relate to games, musical performances, athletics and playgrounds and 6.2.5 refers as follows: "Playground facilities are provided only for the enjoyment of children up to 12 years of age. All such children must be accompanied by an adult".
Section 199 (4) (a) of the Local Government Act 2001 provides that a local authority may, subject to this Part (Part 19), amend any bye-law made by it.
The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law, are each reserved functions.
It is recommended that this matter be referred to the Environment Public Realm and Climate Change SPC for consideration before any decision is made to initiate a procedure to review the Bye-Laws i.e. the statutory public consultation process as prescribed in Section 200.